Para 10.6.2 — GOODS_MANUAL
Original Rule Text
10.6.3 Right to Reject All Bids The seller reserves the right to accept/reject and cancel any bid, amend the quantity under any lot or withdraw any lot at any stage before or after acceptance of the bid/ issue of the acceptance letter/sale order/delivery order/deposit of the full sale value by the bidder, without assigning any reason thereof and the value of such material, if paid for, shall be refundable. The seller shall not be responsible for damage/loss to bidders on account of such withdrawal at any stage from the sale.
10.6.4 Goods and Services Tax Any statutory variations in the rate of taxes/duties are to be borne by the purchaser. GST rates indicated in the e-auction catalogue or Tender advertisement are only indicative, and the actual GST rates as applicable on the date shall be payable by the successful bidders directly to the seller at the time of taking delivery of materials. To avoid the imposition of penalty, the amount deposited by the successful bidder towards taxes and duties will be immediately deposited with the concerned tax authorities without waiting for the actual delivery.
10.7. Disposal through Tender 1. Disposal of surplus or obsolete or unserviceable goods of assessed residual value above Rupees Four Lakh should be disposed of through tender, that could take place through the e-procurement portal or normal tendering. In the tender documents, General Conditions of Sale (GCS, in place of GCC in procurement tenders) may be laid out.
2. The broad steps to be adopted for this purpose are: a) Preparation of tender documents; b) Invitation of tender for the surplus/ obsolete/ unserviceable goods to be sold; c) Opening of bids; d) Analysis and evaluation of bids received; e) Selection of the highest responsive bidder; f) Collection of sale value from the selected bidder; g) Return of bid security to the unsuccessful bidders. h) Issue of sale release order to the selected bidder; i) Release of the sold surplus goods to the selected bidder;
10.6.2 Inspection by Bidders In view of the ‘as-is-where-is’ condition, bidders are advised to quote rates only after inspection of items at the site. The bidder or his authorised representative may inspect the materials as per the inspection schedule mentioned in the auction details between 11 am and 4 pm (excluding lunch hours) on any working day at the location specified against each lot with prior permission from the contact person, as given in the auction details. A detailed description of all lots, including the list of spare parts, if any, is available at the site.
j) Any special conditions of contract for each lot may also be given. Important aspects to be kept in view while disposing off the goods through an advertised tender are:
i) The basic principle for the sale of such goods through an advertised tender is ensuring transparency, competition, fairness, and elimination of discretion. Wide publicity should be ensured of the sale plan and the goods to be sold; ii) All required terms and conditions of sale are to be incorporated comprehensively in plain and simple language in the tender document. The applicability of taxes, as relevant, should be clearly stated in the document. Any statutory requirement as per para 10.4.7 may also be indicated, where applicable, in the Special Conditions of Sale. The tender document should also indicate the location and present condition of the goods to be sold so that the bidders can inspect the goods before bidding; iii) Bidders should be asked to furnish bid security (EMD) along with their bids. The amount of bid security should ordinarily be 5% (five per cent) of the assessed or reserved price of the goods. The exact bid security amount should be indicated in the tender document. The EMD shall be forfeited if the bidder unilaterally withdraws, amends, impairs, or derogates from his offer in any respect within the period of validity of his offer; iv) Late bids, that is, bids received after the specified date and time of receipt should not be considered; v) The bid of the highest acceptable responsive bidder should normally be accepted, and an acceptance/ sale order should be issued. Negotiation with bidders after bid opening must be severely discouraged. However, in exceptional circumstances where the price offered by that bidder is not reasonable, under exceptional circumstance (mutatis mutandis as per para 7.6.9), a negotiation may be held only with that bidder; vi) In case the selected bidder does not show interest in depositing the balance sale value or in lifting the goods, the bid security should be forfeited, and other actions initiated, including resale of the goods in question at the risk and cost of the defaulter; vii) In case the highest acceptable bidder cannot accept the total quantity to be disposed off, the remaining quantity may be offered to the next higher bidder
(s) at the price offered by the highest acceptable bidder. The minimum quantity to be accepted shall be indicated in the tender; viii) If the bidder’s offer is not accepted, the bidder’s EMD shall be refunded to him. No interest shall be payable on such refunds. The EMD deposited by the successful bidder shall remain with the disposing Department till payment of the SD money has been made. It may be adjusted as part of the total SD money at the discretion of the disposing Department; ix) The offer should be examined by the competent level of the Tender Committee as per SoPP, and the Competent Authority should accept TC recommendations as per the laid down SoPP; x) The acceptance letter/sale order would be issued to the successful bidder
(s) notifying the amounts and schedule of submission of SD and Balance Sale Value (BSV); xi) Successful bidders, hereinafter referred to as purchasers, shall have to submit an SD @ 25 (twenty-five) per cent of the total sale value of the contract within seven calendar days of the issue of the acceptance letter/sale order (excluding the date of issue). The SD shall be deposited in the form of a bank draft/pay order, drawn on any of the commercial banks in favour of the officer concerned as mentioned in the NIT; xii) Balance Sale Value (BSV): The successful bidder in an e-auction or tender sale may be allowed 15 (fifteen) calendar days (including the date of the acceptance letter/sale order) for payment of BSV. The Head of Office (or the Officer delegated by order as per SoPP), after taking into consideration the prevailing market rates and trends, may grant an extension of time for the payment of BSV with late payment charges @ one per cent per week or part thereof up to two weeks only and, thereafter, the SD will stand forfeited without notice. Extensions should not be granted as a matter of routine. The date of submission of the demand draft in the cash office is the date of payment for all purposes. No interest will be paid to the purchaser for the amounts paid or deposited and subsequently found refundable to the purchaser under any of the conditions of the contract; and; xiii) Delivery Order: A delivery Order is an essential document required to be produced to take delivery of the material from the custodian. Therefore, after depositing BSV, the Delivery Order should be issued, and the delivery should be made to the purchaser or his agent on the strength of the Delivery Order and after verifying the cashier’s receipt.