Para 7.7 — GOODS_MANUAL

7.7. Award of Contract 7.7.1 LoA to Successful Bidder 1. Prior to the expiry of the period of bid validity, the successful bidder will be notified (briefly indicating therein relevant details such as quantity, specification of the goods ordered, prices, and so on) in writing by a registered letter or any other acknowledgeable and foolproof method that his bid has been accepted. Legal communication of acceptance of the offer is considered complete as soon as it is submitted to postal authorities (please refer to para 2.9-1 of Appendix 2). A template for the Letter of Acceptance (or Notice of Award or Acceptance of Tender) is given in Annexure 17. In the same communication, the successful bidder is to be instructed to furnish the required performance security within a specified period (generally 14 (fourteen) to 28 (twenty-eight), depending on the amount). Letter of Award - LoA shall state the sum (hereinafter and in the contract called the "Contract Price") that the Procuring Entity shall pay the contractor in consideration of the supply of the Goods. The Letter of Award (LoA) shall constitute the legal formation of the contract if it is not conditional on submission of Performance Security (as in tenders below Rs 50 Lakhs). In case Performance Security is stipulated it would amount to a contract only after the furnishing of performance security as per the provisions of the para 7.7.3 below. The Procuring Entity, at its discretion, may directly issue the contract subject only to the furnishing of performance security, skipping the issue of LoA.

7.7.2 Publication of Award of Contract and Return of EMD of Unsuccessful Bidders [Rule 173

(xviii) of GFR 2017] 1. Mandatory Publication of Award of Contract: The details of the award of the contract and the name of the successful bidder should be mentioned mandatorily on the CPPP/ GeM (as relevant) and in the notice board/bulletin/website of the concerned Ministry or Department/e-Procurement Portal.

2. Before issuing a Letter of Award (LoA) to the successful Bidder(s), the Procuring Entity may, at its discretion, ask the Bidder to submit for verification the originals of all such documents whose scanned copies were submitted online along with the Technical bid. If so decided, the photocopies of such self-certified documents shall be verified and signed by the competent officer and kept in the records as part of the contract agreement. If the Bidder fails to provide such originals or, in case of substantive discrepancies in such documents, it shall be construed as a violation of the Code of Integrity. Such a bid shall be liable to be rejected as unresponsive bid in addition to other punitive actions in the Tender Document. The evaluation of responsive Bids shall proceed with the subsequent ranked offers.

3. The value of the Contract should include Taxes/ duties/ levies, if any. 4. In some cases, the successful bidder (an OEM or an agent representing a principal firm) requests that the Contract be placed on their subsidiary or an authorised dealer. This is legally not acceptable as the Contract can only be placed on the bidder in whose name the bid has been submitted, not on any third party.

5. It shall be mandatory for the successful bidder to register on GeM and obtain a unique GeM Seller ID before the placement of LoA or the contract. This ID shall be incorporated into the contract.

2. Exceptions to Publishing of Award of Contract: In case publication of such information is sensitive from commercial or security aspects, dispensation may be sought from publishing of such results by obtaining sanction from the Secretary of the Department with the concurrence of associated Finance. Open, transparent declaration of price, sources, and delivery schedule of Central Public Sector Enterprises (CPSEs) suppliers as per extant instructions adversely impacts the ability of CPSEs to compete in the highly competitive market. CPSEs are denied a level playing field. At the time of tender formulation, commercial organisations like CPSEs will disclose whether the subject of procurement is for commercial resale. Contract Award details of such cases may be shared on electronic Procurement Portals such as GeM, Central Public Procurement Portal (CPPP), etc., after six (06) months of finalization of procurement. Such a system shall protect the financial data of the CPSEs for a reasonable time while also complying with the requirement of transparency.

3. Bid Securities: Upon the successful bidder furnishing the signed agreement and performance security, each unsuccessful bidder will be promptly notified, and their bid security shall be returned without interest within 30 (thirty) days of notice of award of contract in terms of para 6.1.1 above. The successful supplier’s bid security shall be adjusted against the SD or returned as per the terms of the tender documents.