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Para 7.3.4 - Missing Documents | KartavyaDesk

Goods Manual

Original Rule Text

2. The Procuring Entity reserves its right to, but without any obligation to do so, seek any shortfall information/ documents only in case of historical documents that pre-existed at the time of the Bid Opening, and which have not undergone change since then and does not grant any undue advantage to any bidder. Provision may be made by e-Procurement portals for requesting Short-fall documents from the bidders. The system may further allow shortfall documents to be taken from any bidders only once after the technical bid opening. (Example: if the Permanent Account Number, registration with GST has been asked to be submitted and the bidder has not provided them, these documents may be asked for with a target date as above). As far as the submission of documents is concerned regarding qualification criteria, after submission of the bid, only related shortfall documents should be asked for and considered. For example, if the bidder has submitted a supply order without its completion/performance certificate, the certificate can be asked for and considered. However, no new supply order should be asked for to qualify the bidder.

What This Means

Para 7.3.4 of the Manual for Procurement of Goods, 2017, gives the government department (the 'Procuring Entity') the *option*, but not the *obligation*, to ask bidders for missing documents after the initial bid submission. This is only allowed for documents that existed *before* the bid opening date and haven't changed since. The goal is to avoid unfairly disqualifying bidders for minor omissions while maintaining fairness and transparency. This provision is usually facilitated through e-Procurement portals. The system should allow asking for shortfall documents only once after the technical bid opening.

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 *may* request missing documents, but isn't required to.
  • •Only historical documents (existing before bid opening and unchanged) can be requested.
  • •This provision aims to prevent unfair disqualification for minor omissions.
  • •Only related shortfall documents regarding qualification criteria should be asked for and considered.
  • •No new documents that didn't exist at the time of bid opening can be requested to qualify the bidder.

Practical Example

The Ministry of Electronics and Information Technology (MeitY) is procuring 500 laptops. During the technical bid evaluation, they notice that 'Tech Solutions Pvt. Ltd.' submitted a supply order for similar laptops but forgot to attach the completion certificate. According to Para 7.3.4, MeitY can request Tech Solutions Pvt. Ltd. to provide the completion certificate for that specific supply order. However, MeitY *cannot* ask Tech Solutions Pvt. Ltd. to submit a *new* supply order to demonstrate their experience if they didn't submit one initially. This ensures fairness and prevents bidders from gaining an unfair advantage by submitting new information after the bid opening.

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

Frequently Asked Questions

Does the Procuring Entity *have* to ask for missing documents?▼
No, Para 7.3.4 states that the Procuring Entity *reserves its right*, but without any *obligation*, to seek shortfall information. It's their discretion.
What kind of documents can be requested under this rule?▼
Only historical documents that pre-existed at the time of the Bid Opening, and which have not undergone change since then, can be requested. Examples include missing PAN card copies, GST registration certificates, or completion certificates for previously submitted supply orders.
Can the Procuring Entity ask for completely new documents that weren't submitted at all?▼
No. The rule explicitly states that no new documents should be asked for to qualify the bidder. Only related shortfall documents should be asked for and considered.
What if a bidder submits an updated version of a document after the bid opening?▼
Para 7.3.4 only allows for documents that haven't changed since the bid opening. An updated document would not be permissible.
How many times can the procuring entity ask for shortfall documents?▼
The system may further allow shortfall documents to be taken from any bidders only once after the technical bid opening.

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 7.3.4 of the Manual for Procurement of Goods, 2017, is the Procuring Entity obligated to request shortfall documents from bidders after the bid opening?

Related Rules

Para 9.4Manual for Procurement of Goods, 2024 - Para 9.4 - Chapter 9Para 9.5.5Manual for Procurement of Goods, 2024 - Para 9.5.5 - Chapter 9Para 1.8.2Manual for Procurement of Goods, 2024 - Para 1.8.2 - Chapter 1Para 2.2.2Manual for Procurement of Goods, 2024 - Para 2.2.2 - Chapter 2Para 2.2Manual for Procurement of Goods, 2024 - Para 2.2 - Chapter 2

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