Para 5.1.3 — GOODS_MANUAL

GOODS_MANUAL

2. Notice Inviting Tender: a) NIT is of legal importance since it is this part of the tender document that solicits offers from the bidders. The model NIT format in MTD should be used to publish the tender notice. b) The Notice Inviting Tender (NIT) is crucial for attracting wide competition in the tender. The NIT (and its appendix TIS) must contain sufficient information in brief for a prospective bidder to decide whether to participate in the tender and, if he decides to participate, how to go about it. To ensure competition, the attention of all likely bidders, for example, registered vendors, past suppliers, and other known potential suppliers, should be invited to the NIT through email/ SMSs/ letters. In e-procurement, the website may be programmed to generate these alerts automatically. c) In case of procurement through a limited tender, the NIT may be uploaded on the GeM as well as on GeM- CPPP and Procuring Entity’s website with a note saying: “This notice is being published for information only and is not an open invitation to quote in this limited tender. Participation in this tender is by invitation only and is limited to the selected Procuring Entity’s registered suppliers. Unsolicited offers are liable to be ignored. However, suppliers who desire to participate in such tenders in future may apply for registration with Procuring Entity as per procedure.” d) Time-stamped audit trails for the e-publication shall be maintained by the procurement portal. Printouts may be taken only in case of off-line tenders, if required, apart from ensuring maintenance of time stamped audit trail of e-publication. The complete details of the dates on which advertisements appeared on the website should be indicated when sending cases to higher authorities.
a) Section I: Notice Inviting Tender (NIT) and its Appendix: Tender Information Summary (TIS); b) Section II: Instructions to Bidders (ITB) c) Section III: Appendix to Instructions to Bidders (AITB) d) Section IV: General Conditions of Contract (GCC) e) Section V: Special Conditions of Contract (SCC) f) Section VI: Schedule of Requirements g) Section VII: Technical Specifications and Quality Assurance h) Section VIII: Qualification and Evaluation Criteria i) Financial Bid (BOQ Excel Sheet) j) Submission forms and formats, including Bid Form (Cover letter), bank guarantees and contract format, etc.
5.1.3 Contents of Tender Documents (Rule 168 of GFR 2017) 1. The Tender Document has the following main sections. A reading of the sections of the tender document will make the purpose and instructions clear:
3. Instructions to Bidders (ITB) and its Appendix (AITB): ITB contain all relevant information as well as guidance to the prospective bidders regarding - obtaining tender documents, preparing and submitting a responsive process of establishing the eligibility/ qualification credentials of the bidders as well as evaluation and comparison of tenders and award of contract but should not contain information on processes after the announcement of the award which should be covered in GCC, for example, the arbitration clause, resolution of disputes, and so on. ITB also contains an introduction/ overview of the contents of the tender document. Instead of modifying ITB every time, any changes warranted by exceptional circumstances may be indicated with the prior approval of CA in a separate Appendix to ITB (AITB), and ITB may be included unchanged in every tender document. It should also be indicated therein that the provisions in the AITB shall supersede the corresponding provisions in the ITB.
4. General and Special Conditions of the Contract (GCC and SCC): The General Conditions of Contract (GCC) details the terms and conditions that would govern the resultant contract. GCC covers all information on aspects after the announcement of the tender award till the closure of the contract and dispute resolution. It should not cover any aspect up to the announcement of the award. Instead of modifying the GCC every time, any changes warranted by exceptional circumstances may be indicated in a separate section - Special Conditions of Contract (SCC) - with the prior approval of the CA and GCC and may be included unchanged in every tender document. It is also to be indicated therein that the provisions in the SCC will supersede the corresponding provisions in the GCC.
6. Technical Specifications and Quality Assurance: Technical Specifications and Quality Assurance lays down the technical specifications and quality assurance requirements of the Goods required. It would also stipulate, if required, any compliance required by Central and State Pollution Control Boards.
7. Qualification Criteria: a) If it is intended to use qualification criteria to evaluate a tender and determine whether a bidder has the required qualifications to perform the contract successfully, this point may be clearly specified in ITB/AITB or as a separate section of the tender document. The bidder must ensure that he provides convincing proof of having fulfilled these criteria. Any criteria not specified in the tender cannot be used for evaluation or qualification. b) Pre/ Post Qualification Criteria shall be based entirely upon the capability and resources required to perform the particular contract satisfactorily, considering bidders’ experience and past performance, capabilities with respect to personnel, equipment and manufacturing facilities, financial standing and relevant compliance with environmental protection regulations/ Environment Management System. The quantity, delivery, and value of the procurement shall be kept in view while the Pre/ Post Qualification criteria are fixed. There should be no Pre/ Post Qualification criteria that would be advantageous to foreign manufactured goods at the cost of domestically manufactured goods.
5. Schedule of Requirements: This section describes the list of Goods required, Quantities, Delivery Requirements, Destination, and scope of supply (concomitant accessories, spare parts, and incidental Works/ Services). If there is no separate section on Technical Specifications (TS) and Quality Assurance (QA), then TS and QA may also be included here. It must be clarified whether the evaluation of eligibility/ qualifications/ financial bids would be done item-by-item in a schedule or on the total of all items in a schedule, and if there is more than one schedule, whether the same would be done on the schedule-by-schedule basis or the total of all schedules put together.
8. Submission Forms and Formats: a) This section contains the relevant forms for tender submission: various declarations by the bidder, formats for the bank guarantee, financial bid forms (BOQ Excel Sheet), exception and deviation forms, contract forms and manufacturer’s authorisation form, Integrity Pact (if applicable) and so on. b) Financial Bid (BOQ Excel Sheet): The procuring Entity should select an appropriate format of BOQ from the eProcurement Portal and upload it after filling up the entries for the complete schedule of requirements and various price components to enable the system to automatically calculate the all-inclusive price of a bid to generate a comparative tabulation of all bids. Bidders are to upload only the downloaded BOQ (in Excel format) after entering the relevant fields without altering, deletion, or modification of other portions of the Excel sheet. The quoted price shall be considered to include all relevant financial implications, including inter-alia the scope of the Goods to be supplied, location of the bidder, location of the consignee(s), terms of delivery, extant rules and regulations relating to taxes, duties, customs, transportation, environment, labour of the bidder's country and in India.
c) Relaxation for Start-ups: The condition of prior turnover and prior experience may be relaxed88 for Startups (only to startups recognized by the Department of Industry & Internal Trade (DPIIT)) subject to meeting quality & technical specifications and making suitable provisions in the tender document (Rule 173
(i) of GFR 2017). Startups may be MSMEs or otherwise. Such relaxation can be provided in the case of procurement of works as well. It is further clarified that such relaxation is not optional but has to be ensured, except in case of procurement of items related to public safety, health, critical security operations and equipment, etc) where adequate justification exists for the Procuring Entity not to relax such criteria. Please also refer to para 1.11.5-2-b) and 7.4.1-1-b).

GOODS_MANUAL

2. Notice Inviting Tender: a) NIT is of legal importance since it is this part of the tender document that solicits offers from the bidders. The model NIT format in MTD should be used to publish the tender notice. b) The Notice Inviting Tender (NIT) is crucial for attracting wide competition in the tender. The NIT (and its appendix TIS) must contain sufficient information in brief for a prospective bidder to decide whether to participate in the tender and, if he decides to participate, how to go about it. To ensure competition, the attention of all likely bidders, for example, registered vendors, past suppliers, and other known potential suppliers, should be invited to the NIT through email/ SMSs/ letters. In e-procurement, the website may be programmed to generate these alerts automatically. c) In case of procurement through a limited tender, the NIT may be uploaded on the GeM as well as on GeM- CPPP and Procuring Entity’s website with a note saying: “This notice is being published for information only and is not an open invitation to quote in this limited tender. Participation in this tender is by invitation only and is limited to the selected Procuring Entity’s registered suppliers. Unsolicited offers are liable to be ignored. However, suppliers who desire to participate in such tenders in future may apply for registration with Procuring Entity as per procedure.” d) Time-stamped audit trails for the e-publication shall be maintained by the procurement portal. Printouts may be taken only in case of off-line tenders, if required, apart from ensuring maintenance of time stamped audit trail of e-publication. The complete details of the dates on which advertisements appeared on the website should be indicated when sending cases to higher authorities.
a) Section I: Notice Inviting Tender (NIT) and its Appendix: Tender Information Summary (TIS); b) Section II: Instructions to Bidders (ITB) c) Section III: Appendix to Instructions to Bidders (AITB) d) Section IV: General Conditions of Contract (GCC) e) Section V: Special Conditions of Contract (SCC) f) Section VI: Schedule of Requirements g) Section VII: Technical Specifications and Quality Assurance h) Section VIII: Qualification and Evaluation Criteria i) Financial Bid (BOQ Excel Sheet) j) Submission forms and formats, including Bid Form (Cover letter), bank guarantees and contract format, etc.
5.1.3 Contents of Tender Documents (Rule 168 of GFR 2017) 1. The Tender Document has the following main sections. A reading of the sections of the tender document will make the purpose and instructions clear:
3. Instructions to Bidders (ITB) and its Appendix (AITB): ITB contain all relevant information as well as guidance to the prospective bidders regarding - obtaining tender documents, preparing and submitting a responsive process of establishing the eligibility/ qualification credentials of the bidders as well as evaluation and comparison of tenders and award of contract but should not contain information on processes after the announcement of the award which should be covered in GCC, for example, the arbitration clause, resolution of disputes, and so on. ITB also contains an introduction/ overview of the contents of the tender document. Instead of modifying ITB every time, any changes warranted by exceptional circumstances may be indicated with the prior approval of CA in a separate Appendix to ITB (AITB), and ITB may be included unchanged in every tender document. It should also be indicated therein that the provisions in the AITB shall supersede the corresponding provisions in the ITB.
4. General and Special Conditions of the Contract (GCC and SCC): The General Conditions of Contract (GCC) details the terms and conditions that would govern the resultant contract. GCC covers all information on aspects after the announcement of the tender award till the closure of the contract and dispute resolution. It should not cover any aspect up to the announcement of the award. Instead of modifying the GCC every time, any changes warranted by exceptional circumstances may be indicated in a separate section - Special Conditions of Contract (SCC) - with the prior approval of the CA and GCC and may be included unchanged in every tender document. It is also to be indicated therein that the provisions in the SCC will supersede the corresponding provisions in the GCC.
6. Technical Specifications and Quality Assurance: Technical Specifications and Quality Assurance lays down the technical specifications and quality assurance requirements of the Goods required. It would also stipulate, if required, any compliance required by Central and State Pollution Control Boards.
7. Qualification Criteria: a) If it is intended to use qualification criteria to evaluate a tender and determine whether a bidder has the required qualifications to perform the contract successfully, this point may be clearly specified in ITB/AITB or as a separate section of the tender document. The bidder must ensure that he provides convincing proof of having fulfilled these criteria. Any criteria not specified in the tender cannot be used for evaluation or qualification. b) Pre/ Post Qualification Criteria shall be based entirely upon the capability and resources required to perform the particular contract satisfactorily, considering bidders’ experience and past performance, capabilities with respect to personnel, equipment and manufacturing facilities, financial standing and relevant compliance with environmental protection regulations/ Environment Management System. The quantity, delivery, and value of the procurement shall be kept in view while the Pre/ Post Qualification criteria are fixed. There should be no Pre/ Post Qualification criteria that would be advantageous to foreign manufactured goods at the cost of domestically manufactured goods.
5. Schedule of Requirements: This section describes the list of Goods required, Quantities, Delivery Requirements, Destination, and scope of supply (concomitant accessories, spare parts, and incidental Works/ Services). If there is no separate section on Technical Specifications (TS) and Quality Assurance (QA), then TS and QA may also be included here. It must be clarified whether the evaluation of eligibility/ qualifications/ financial bids would be done item-by-item in a schedule or on the total of all items in a schedule, and if there is more than one schedule, whether the same would be done on the schedule-by-schedule basis or the total of all schedules put together.
8. Submission Forms and Formats: a) This section contains the relevant forms for tender submission: various declarations by the bidder, formats for the bank guarantee, financial bid forms (BOQ Excel Sheet), exception and deviation forms, contract forms and manufacturer’s authorisation form, Integrity Pact (if applicable) and so on. b) Financial Bid (BOQ Excel Sheet): The procuring Entity should select an appropriate format of BOQ from the eProcurement Portal and upload it after filling up the entries for the complete schedule of requirements and various price components to enable the system to automatically calculate the all-inclusive price of a bid to generate a comparative tabulation of all bids. Bidders are to upload only the downloaded BOQ (in Excel format) after entering the relevant fields without altering, deletion, or modification of other portions of the Excel sheet. The quoted price shall be considered to include all relevant financial implications, including inter-alia the scope of the Goods to be supplied, location of the bidder, location of the consignee(s), terms of delivery, extant rules and regulations relating to taxes, duties, customs, transportation, environment, labour of the bidder's country and in India.
c) Relaxation for Start-ups: The condition of prior turnover and prior experience may be relaxed88 for Startups (only to startups recognized by the Department of Industry & Internal Trade (DPIIT)) subject to meeting quality & technical specifications and making suitable provisions in the tender document (Rule 173
(i) of GFR 2017). Startups may be MSMEs or otherwise. Such relaxation can be provided in the case of procurement of works as well. It is further clarified that such relaxation is not optional but has to be ensured, except in case of procurement of items related to public safety, health, critical security operations and equipment, etc) where adequate justification exists for the Procuring Entity not to relax such criteria. Please also refer to para 1.11.5-2-b) and 7.4.1-1-b).

Para 5.1.3 — GOODS_MANUAL

Original Rule Text

Para 5.1.3 — GOODS_MANUAL

Original Rule Text