Para 5.1.4 — NONCONSULT_MANUAL

5.1.5. 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 on 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.

2. 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 or not 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 service providers, and other known potential service providers, should be invited to the NIT through email/ SMSs/ letters. In e-procurement, the website may be programmed to generate these alerts automatically.

3. In case of procurement through a limited tender, the NIT may be uploaded on the CPPP Portal 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/ service providers. Unsolicited offers are liable to be ignored. However, suppliers/ service providers who desire to participate in such tenders in future may apply for registration with Procuring Entity as per procedure.”

4. Time-stamped audit trails for the e-publication shall be maintained by the procurement portal. Printouts/ soft-copies may be taken/ downloaded 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.

5.1.4. Notice Inviting Tender 1. NIT has legal importance, since it is this part of tender document, which is soliciting offers from the bidders. The model NIT format in MTD should be used for publishing the tender notice.

5.1.6. 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.