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Para 4.9 - Online Tendering | KartavyaDesk

Goods Manual

Original Rule Text

commercial bid in cover-I, and price bid in cover-II. To enable system-generated technocommercial and price comparative statements, such statements should be asked to be submitted in Excel formats. The bidder will have to give an online undertaking that if the information/declaration/scanned documents furnished with respect to eligibility criteria are found to be wrong or misleading at any stage, they will be liable to punitive action. EMD and tender fee (demand draft/banker’s cheque/pay order) shall be submitted online (by scanning) in electronic format while uploading the bid. This submission shall mean that EMD and tender fee are received electronically. However, for realisation, the bidder shall send the demand draft/banker’s cheque/pay order in original to the designated officer through post or by hand to reach by the time of tender opening. In case of exemption of EMD, the scanned copy of the document in support of exemption will have to be uploaded by the bidder during bid submission; e) Corrigendum, clarifications, modifications, and withdrawal of bids: All these steps are also carried out online mutatis mutandis, the normal tender process; f) Bid opening: Both the techno-commercial and price bids are opened online by the bid openers mentioned at the time of online tender creation. Relevant bidders can simultaneously take part in the bid opening online and can see the resultant bids of all bidders. The system automatically generates a technical scrutiny report and commercial scrutiny report in case of the technocommercial bid opening and a price comparative statement in case of price bid opening, which can also be seen by participating bidders online. Bid openers download the bids and the reports/statements and sign them for further processing. In case of opening of the price bid, the date and time of opening are uploaded on the portal, and shortlisted firms are also informed through system-generated emails and SMS alerts – after shortlisting of the technocommercially acceptable bidders; g) Shortfall document: Any document not enclosed by the bidder can be asked for, as in the case of the traditional tender, by the purchaser and submitted by the bidder online, provided it does not vitiate the tender process; h) Evaluation of techno-commercial and price bids: This is done offline in the same manner as in the normal tender process, based on system-generated reports and comparative statements; i) Award of contract: The award of the contract is done offline, and a scanned copy is uploaded on the portal. More needs to be done in this regard. The information and the manner of disclosure in this regard must conform to Section 4(1) (b), 4(2) and 4(3) of the RTI Act to enhance transparency and also to reduce the need for filing individual RTI applications. Therefore, the award must be published in a searchable format and be linked to its NIT j) Return of EMD: EMD furnished by all unsuccessful bidders should be returned through an epayment system without interest at the earliest after the expiry of the final bid validity period but not later than 30 (thirty) days after the conclusion of the contract. The EMD of the successful bidder should be returned after receipt of performance security, as requested in the contract.

What This Means

Para 4.9 of the Manual for Procurement of Goods, 2017, outlines the procedure for online tendering. It covers everything from how bidders submit their offers (technical and price bids separately) to how the government evaluates those bids and awards the contract. The goal is to make the tendering process more transparent and efficient using online tools. This rule applies to all government departments and organizations procuring goods through online tenders. It affects both government employees involved in the procurement process and the companies bidding for government contracts.

This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.

Key Points

  • Bidders submit technical and commercial bids in separate online covers.
  • Earnest Money Deposit (EMD) and tender fees are submitted online initially, with original documents sent physically for realization.
  • The entire tender process, including bid opening, evaluation, and communication, is conducted online.
  • System-generated reports and comparative statements are used for evaluation.
  • Contract awards are done offline, but a scanned copy is uploaded online to comply with the RTI Act.

Practical Example

The Ministry of Electronics and Information Technology (MeitY) needs to procure 500 laptops. They issue an online tender. ABC Technologies submits its bid, uploading the technical specifications in Cover-I and the price bid in Cover-II. They also upload a scanned copy of their EMD payment. The tender opening committee, consisting of Mr. Sharma and Ms. Verma, opens both the technical and price bids online. The system generates a comparative statement. After evaluating the technical bids, they shortlist ABC Technologies and XYZ Corp. The price bids of the shortlisted companies are then compared. Finally, after offline evaluation based on the system-generated reports, the contract is awarded to XYZ Corp, and a scanned copy of the award letter is uploaded to the portal. ABC Technologies receives an e-payment refund of their EMD.

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 a bidder provides false information in their online bid?
The bidder is liable to punitive action if any information or documents submitted are found to be wrong or misleading.
How is the EMD submitted in an online tender?
The EMD is initially submitted online by scanning and uploading the demand draft/banker’s cheque/pay order. The original document must then be sent physically to the designated officer.
How are bidders informed about the opening of price bids?
Shortlisted firms are informed through system-generated emails and SMS alerts after the techno-commercially acceptable bidders are selected.
Can the purchaser ask for additional documents after the bid submission?
Yes, the purchaser can request additional documents online, provided it doesn't compromise the fairness of the tender process.
How is transparency ensured in the contract awarding process?
The award of the contract is done offline, but a scanned copy is uploaded on the portal, linked to its NIT, ensuring compliance with the RTI Act.

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 4.9 of the Manual for Procurement of Goods, 2017, how should a bidder initially submit the Earnest Money Deposit (EMD) and tender fee?

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