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Para 7.2.7 - Tender Committee | KartavyaDesk

Non-Consultancy Manual

Original Rule Text

7.2.8. Tender Committee Recommendations/Report 1. The TC must make formal recommendations (Annexure 6) for the award of the contract to the bidder whose bid has been determined to be substantially responsive and the lowest evaluated bid, provided further that the bidder is determined to be qualified to perform the contract satisfactorily and his credentials have been verified. 2. It is a good practice for TC to spell out salient terms and conditions of the offer(s) recommended for acceptance. The TC should also ensure that any deviation/variation quoted by the service provider in his bid is not left undiscussed and ruled upon in the recommendations; otherwise, the service provider may delay acceptance of the contract. These recommendations are submitted for approval to the tender accepting authority. 3. Since a nominee of Financial Adviser of the Department is usually a member of the Tender Committee, there is no need for the CA to consult the FA of the Department before accepting the TC recommendations. In any purchase decision, the responsibility of the CA is not discharged merely by selecting the cheapest offer or accepting TC recommendations but by ensuring whether: a) Offers have been invited in accordance with this manual and after following fair and reasonable procedures in prevailing circumstances; b) He is satisfied that the selected offer will adequately meet the requirement for which it is being procured; c) The price of the offer is reasonable and consistent with the quality required; and d) The accepted offer is the most appropriate taking all relevant factors into account in keeping with the standards of financial propriety.

What This Means

Para 7.2.7 of the Manual for Procurement of Non-Consultancy Services focuses on the Tender Committee's (TC) responsibilities after evaluating bids. Essentially, the TC needs to formally recommend the lowest evaluated, substantially responsive bidder who is qualified to perform the contract. This recommendation, along with the TC's report, is submitted to the tender accepting authority for final approval. The TC must also address any deviations or variations proposed by the service provider to avoid delays later on.

Even though a Financial Advisor's representative is on the TC, the tender accepting authority (CA) still has a duty to ensure fairness and value for money. They can't just blindly accept the TC's recommendation. The CA needs to confirm that the procurement process was followed correctly, the selected offer meets the department's needs, the price is reasonable, and the offer is the most suitable overall, considering financial prudence. This rule affects all government departments and agencies involved in procuring non-consultancy services, especially the Tender Committee and the tender accepting authority.

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

Key Points

  • •TC must formally recommend the lowest evaluated, substantially responsive, and qualified bidder.
  • •TC must address any deviations/variations quoted by the service provider.
  • •Tender Accepting Authority (CA) has a responsibility to ensure fairness, value for money, and adherence to procurement guidelines.
  • •CA must ensure the selected offer meets the department's needs and the price is reasonable.
  • •Financial Advisor's presence on TC doesn't absolve CA of their responsibilities.

Practical Example

The Department of Agriculture needs to procure housekeeping services for its headquarters. After evaluating several bids, the Tender Committee identifies 'CleanSweep Services' as the lowest evaluated and substantially responsive bidder. However, CleanSweep's bid includes a clause stating they will only provide deep cleaning services quarterly, instead of monthly as specified in the tender document. The TC, in its recommendation report, explicitly addresses this deviation, stating that the department is willing to accept quarterly deep cleaning in exchange for a slightly lower price. The report is then submitted to Mr. Sharma, the CA. Mr. Sharma reviews the TC's report, confirms that the procurement process was followed correctly, and is satisfied that quarterly deep cleaning is acceptable. He also verifies that CleanSweep's price is reasonable compared to other bids. Only then does he approve the TC's recommendation.

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 'substantially responsive' mean in the context of a bid?▼
It means the bid largely meets the requirements outlined in the tender document, with only minor deviations that don't significantly affect the quality or scope of the service.
If the Financial Advisor is on the Tender Committee, why does the CA still need to review the recommendations?▼
The Financial Advisor's presence ensures financial prudence is considered during the evaluation process. However, the CA is ultimately responsible for ensuring the entire procurement process is fair, transparent, and delivers value for money, which goes beyond just financial aspects.
What happens if the CA disagrees with the Tender Committee's recommendation?▼
The CA can raise concerns with the Tender Committee and request further clarification or re-evaluation. If the CA remains unconvinced, they can reject the recommendation and provide reasons for doing so. The process may involve further consultation and potentially a re-tendering process.
What are some examples of 'relevant factors' the CA should consider when evaluating the accepted offer?▼
Relevant factors can include the bidder's past performance, their financial stability, their technical capabilities, and any potential risks associated with awarding them the contract.
What is Annexure 6 mentioned in the rule?▼
Annexure 6 is a standard format (provided in the manual) for the Tender Committee to formally document their recommendations for awarding the contract. It includes details about the selected bidder, the evaluated price, and any relevant observations or justifications.

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 7.2.7 of the Manual for Procurement of Non-Consultancy Services, which of the following is the PRIMARY responsibility of the Tender Committee (TC) regarding bid recommendations?

Related Rules

Para 3.2Manual for Procurement of Non-Consultancy Services, 2025 - Para 3.2 - Chapter 3Para 4.1.1Manual for Procurement of Non-Consultancy Services, 2025 - Para 4.1.1 - Chapter 3Para 4.2.3Manual for Procurement of Non-Consultancy Services, 2025 - Para 4.2.3 - Chapter 3Para 4.4Manual for Procurement of Non-Consultancy Services, 2025 - Para 4.4 - Chapter 3Para 6.8Manual for Procurement of Non-Consultancy Services, 2025 - Para 6.8 - Chapter 6

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