Section 133: (1) Evaluation of a bid shall

be based on price only, or based on price and other factors (2) Evaluation of bids based on price only shall be the preferred evaluation methodology. (3) Other factors may be taken into consideration in the evaluation of bids, where- (a) there are end-user restrictions; (b) there are export restrictions; or (c) there is a need to attach conditions to a sale. (4) The other factors referred to in sub regulation (3) include- (a) nationality, under a reservation scheme; (b) environmental impact; (c) risks or conditions associated with health and safety, legal or human rights issues, national security or public interest; (d) the need to maintain an asset within Uganda or within a given region; (e) the need to maintain an asset in working order or to maintain accessibility for the public; or (f) any other performance conditions and means of monitoring compliance with such conditions. (5) Where the highest-priced bid has been submitted by more than one bidder, a procuring and disposing entity shall invite the bidders who submitted identically priced bids to submit a revised bid. (6) A bidder, other than those who submitted the identical highest priced bid, shall not be permitted to submit a revised bid or participate in the re-bidding procedure in any way. (7) A revised bid shall only contain a revised price and a bidder shall not be permitted to change the terms and conditions, technical details, documentation or any other aspects of their original bid, in any way. (8) A revised bid shall be written and sealed and submitted in the same way as the original bid. (9) A bidder shall be given a reasonable period of time prior to the deadline for submission of their revised bid. (10) Where evaluation is based on price only and it is reasonable to conduct and conclude the evaluation immediately in the presence of a bidder at a public bid opening, a procuring and disposing entity may, if the bidder agrees, conduct the re-bidding procedure immediately. (11) Where the re-bidding procedure is conducted immediately, a bidder shall be given access to a private location in which to discuss and prepare the revised bid and the bidder shall be provided with all reasonable assistance, such as writing and sealing materials, calculators and access to a telephone. (12) The bid opening procedure for the revised bid Negotia- tions. shall be the same as that for the original bid. (13) Evaluation shall be conducted in the same manner as the original valuation, except that the price contained in the revised bid shall replace the original price. (14) Where identical highest priced bids are received during a re-bidding process, further re-bidding shall be held in accordance with this regulation. (15) Where it is subsequently discovered that an error was made in the original evaluation, including, an arithmetical error or application of an exchange rate, and that as a result bidders had not submitted identical highest priced bidders, the re-bidding procedure shall be declared null and void and the revised bids shall not be considered. (16) Where re-bidding fails, the whole process shall be cancelled and re-bidded. (17) Where the evaluation is based on price only, a contract shall be awarded to the bidder with the highest price. (18) Where written bids are received, the valuation committee shall- (a) correct any arithmetical errors; (b) convert the bids to a common currency; and (c) compare the bid price with the value of an asset or reserve price, where appropriate. (19) Contract award shall be recommended to the best evaluated price, and the bidder who meets the eligibility requirements and passes the evaluation criteria, subject to any reservations in regard to the valuation or reserve price. (20) Where a bid is oral under the public auction method, no evaluation committee or evaluation report shall be required but minutes of the proceedings shall be required. (21) Notwithstanding sub regulation (20), the name of the successful bidder and the contract price shall be reported to a contracts committee