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Para 7.4.2 - Bid Comparison | KartavyaDesk

Goods Manual

Original Rule Text

these aspects must also be considered. Such details, whenever considered necessary, should be evolved by the competent technical authority for incorporation in the tender document so that there is no ambiguity and/or vagueness in them; 4. Unless otherwise stipulated, the comparison of the responsive bids shall be on total outgo from the Procuring Entity’s pocket for the procurement to be paid to the supplier or any third party, including all elements of costs (please refer to para 6.6-3)) as per the terms of the proposed contract, including any taxes, duties, levies etc, freight insurance etc. Therefore, it should normally be on a CIF/ FOR destination basis, duly delivered, commissioned, as the case may be: a) In the case of goods manufactured in India or goods of foreign origin already located in India, GST, and any other duties/levies, etc., which will be contractually payable (to the bidder) on the goods are to be added; b) In the case of goods of foreign origin offered from abroad, customs duty and other similar import duties/taxes, which will be contractually payable (to the bidder) on the goods, are to be added (please refer to para 7.5.2 below); 5. As per policies of the Government from time to time, the purchaser reserves his option to give price/ purchase preferences as indicated in the tender document; 6. If the bids have been invited on a variable price basis, they will be evaluated, compared, and ranked based on the position prevailing on the deadline of bid submission and not based on any future date. If a Bidder submits a firm price quotation against the requirement of a variable price quotation, that bid shall be prima facie acceptable and considered further, taking the price variation asked for by the Bidder as nil. 7. Rarely, there may be a tie at the lowest bid (L-l) position between two or more start-up/ non-start-up bidders. It must be first determined whether it is a case of Cartel formation or anti-competitive practices, as per para 7.6.8 below, and if so, it shall be dealt with accordingly. If this is not a case of cartel formation, in such cases the decision will be taken in the following manner: i) In case one of the L1 bidders is MSE owned by SC/ST or a Women Entrepreneur, then 25% quantity order reserved for MSEs will be placed on the MSE owned by SC/ST or a Women Entrepreneur subject to fulfilment of other tender conditions. ii) If one of the L1 bidders is MSE, other than MSE owned by SC/ST or a Women Entrepreneur then an order shall be placed on such MSE bidders. iii) In all other scenarios, the order shall be placed on the L1 bidder having a higher turnover in the previous financial year. In case there is a tie at the lowest bid (L-1) position between only startup bidders and none of them has past turnover, the order will be placed on the startup that was registered earlier with the Department of Industrial Promotion and Policy. b) For Tenders issued through the GeM Portal: The tie-breaker methodology available on the GeM portal is to be followed. 8. If the price bid is ambiguous so that it may very well lead to two equally valid total price

What This Means

Para 7.4.2 of the Manual for Procurement of Goods, 2017, focuses on how government departments should compare bids during the procurement process to ensure fairness and transparency. It emphasizes that the comparison should be based on the total cost to the government, including all taxes, duties, levies, freight, and insurance. This means considering the 'out-of-pocket' expense for the government, ensuring a true comparison of bids. The rule also addresses situations where there are price preferences for certain types of businesses (like startups or MSEs) and how to handle tie bids, especially at the lowest (L1) position. It applies to all government departments and agencies involved in procuring goods and affects all bidders participating in government tenders.

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

Key Points

  • Bids are compared based on the total cost to the government (CIF/FOR destination basis).
  • All taxes, duties, levies, freight, and insurance must be included in the cost comparison.
  • Price/purchase preferences for specific categories (e.g., MSEs, startups) are considered as per government policy.
  • Tie-breaking procedures are defined for situations where multiple bidders have the same lowest price (L1).
  • Variable price bids are evaluated based on the prices prevailing on the bid submission deadline.

Practical Example

The Ministry of Textiles is procuring 1000 sewing machines. Company A, a large manufacturer, bids ₹10,000 per machine, including GST and delivery. Company B, an MSE owned by a woman entrepreneur, bids ₹10,500 per machine, including GST and delivery. According to Para 7.4.2, the Ministry must consider the total cost. However, since Company B is an MSE owned by a woman entrepreneur, and government policy provides a 25% quantity order reserved for MSEs, the Ministry will place an order for 250 sewing machines with Company B at ₹10,500 each, provided they meet all other tender conditions. The remaining 750 sewing machines will be procured from Company A, assuming they are the lowest bidder for the remaining quantity.

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

Frequently Asked Questions

What does 'total outgo from the Procuring Entity’s pocket' mean?
It refers to the total cost the government department will actually pay, including the price of the goods, all applicable taxes (GST, customs duty, etc.), transportation costs, insurance, and any other charges.
How are bids with variable prices evaluated?
Variable price bids are evaluated based on the prices prevailing on the deadline for bid submission. Any future price changes are not considered for evaluation.
What happens if there's a tie at the lowest bid (L1)?
First, cartel formation is investigated. If not a cartel, preference is given to MSEs owned by SC/ST or women entrepreneurs. If no such MSE exists, preference goes to other MSEs. If neither exists, the order goes to the L1 bidder with the higher turnover in the previous financial year. For startups with no turnover, the one registered earlier with the Department of Industrial Promotion and Policy gets the order.
If a bidder submits a firm price against a variable price requirement, is the bid rejected?
No, the bid is considered acceptable. The price variation asked for by the bidder is taken as nil for evaluation purposes.
Does this rule apply to all types of government procurement?
This rule applies specifically to the procurement of goods as outlined in the Manual for Procurement of Goods, 2017. Other types of procurement (e.g., services) may have different rules.

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 7.4.2 of the Manual for Procurement of Goods, 2017, the comparison of responsive bids should primarily be based on what?

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