Para 5.5.8 - E-Procurement Rules | KartavyaDesk
Original Rule Text
a) The Procuring Entity is neither a party nor a principal in the relationship between Bidder and the organisation hosting the e-procurement portal (hereinafter called the Portal). Bidders must acquaint and train themselves with the rules, regulations, procedures, and implied conditions/ agreements of the Portal. Bidders intending to participate in the bid, shall be required to register in the Portal. b) Any query/ clarification/ complaint regarding downloading Tender Documents and uploading Bids on the e-Procurement portal may be addressed to the Help Desk of the portal. c) In case of conflict between provisions of the Portal with the Tender Document, provisions of the Portal shall prevail. Bidders may study the resources provided by the Portal for Bidders. d) Bids must be uploaded till the deadline for submission mentioned in the Tender Document. If the office happens to be closed on the deadline to submit the bids as specified above, this deadline shall not be extended. Bidder must comply with the conditions of the eProcurement portal, including registration, compatible Digital Signature Certificate (DSC) etc. In the case of downloaded documents, Bidder must not make any changes to the contents of the documents while uploading, except for filling in the required information. e) Only one copy of the bid can be uploaded, and Bidder shall digitally sign all statements, documents, certificates uploaded by him, owning sole and complete responsibility for their correctness/ authenticity as per the provisions of the IT Act 2000 as amended from time to time. f) Regarding the protected Price Schedule (excel format, Cover-2), Bidder shall write his name in the space provided in the specified location only. Bidder shall type rates in the figure only in the rate column of respective item(s) without any blank cell or Zero values in the rate column, without any alteration/ deletion/ modification of other portions of the excel sheet. If space is inadequate, Bidder may upload additional documents under "Additional Documents" in the "bid Cover Content." g) The date and time of the e-Procurement server clock, which is also displayed on the dashboard of the bidders, shall be taken as the reference time for deciding the closing time of bid submission. Bidders are advised to ensure they submit their bid within the deadline and time of bid submission, taking the server clock as a reference, failing which the portal shall not accept the Bids. No request on the account that the server clock was not showing the correct time and that a particular bidder could not submit their bid because of this shall be entertained. Failure or defects on the internet or heavy traffic at the server shall not be accepted as a reason for a complaint. The
What This Means
Para 5.5.8 of the Manual for Procurement of Consultancy Services outlines the rules for using e-procurement portals. It makes it clear that the government agency using the portal isn't responsible for the relationship between the bidder and the portal provider. Bidders are expected to learn how the portal works and follow its rules. If there's a conflict between the portal's rules and the tender document, the portal's rules take precedence. This section also covers important points like uploading bids on time, using digital signatures, and how to fill out the price schedule correctly. It emphasizes that the e-procurement server's clock is the official time for bid submission deadlines, and technical issues on the bidder's end won't be accepted as excuses for late submissions.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Key Points
- •The procuring entity is not responsible for the relationship between the bidder and the e-procurement portal.
- •Bidders are responsible for understanding and complying with the e-procurement portal's rules and procedures.
- •In case of conflict, the e-procurement portal's provisions prevail over the tender document.
- •Bids must be uploaded by the deadline according to the e-procurement server's clock.
- •Bidders are solely responsible for the correctness and authenticity of uploaded documents, digitally signed as per the IT Act 2000.
Practical Example
The Ministry of Rural Development is procuring consultancy services for a rural electrification project through an e-procurement portal. A bidder, 'Bright Solutions Pvt. Ltd.,' encounters a problem while uploading their bid due to a slow internet connection on the last day. They try to argue that their local time showed they were still within the deadline. However, according to Para 5.5.8, the e-procurement server's clock is the official time. Since the portal didn't accept their bid before the server's deadline, their bid is rejected. Another bidder, 'GreenTech Consultants,' accidentally modifies the protected price schedule while filling it out. As per the rules, their bid is also liable for rejection because they altered the original document.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Frequently Asked Questions
What happens if the tender document and the e-procurement portal have conflicting instructions?▼
If I miss the bid submission deadline due to a technical issue on my end, will my bid still be considered?▼
Can I modify the downloaded tender documents before uploading them?▼
Who is responsible for the authenticity of the documents I upload on the e-procurement portal?▼
Where can I get help if I face issues while using the e-procurement portal?▼
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Test Your Knowledge
Question 1 of 3
According to Para 5.5.8 of the Manual for Procurement of Consultancy Services, which entity is NOT a principal in the relationship between the bidder and the e-procurement portal?
Related Rules
Need help understanding this rule?
Ask Niti — your AI assistant for Consultancy Manual and other government rules