Para 7.3 — NONCONSULT_MANUAL

NONCONSULT_MANUAL

1. A substantively responsive bid is complete and conforms to the Tender Document's essential terms, conditions, and requirements without substantive deviation, reservation, or omission. Only substantively responsive bids shall be considered for further evaluation. Other bids shall be treated as unresponsive and ignored. All bids received shall first be scrutinised to identify unresponsive bids, if any. Some important points based on which a bid may be declared as unresponsive and be ignored during the evaluation are:
7.3. Preliminary and Techno-commercial Evaluation (Rule 189 of GFR 2017) 7.3.1. Preliminary Examination of Bids - Evaluation of responsiveness of Bids
Chapter 7: Bid Evaluation, and Award of Contract a) The bid is not in the prescribed format or is unsigned or not signed as per the stipulations in the tender document; b) The required EMD has not been provided or exemption from EMD is claimed without acceptable proof of exemption; c) The bidder is not eligible to participate in the bid as per the eligibility criteria that have been laid down (including conflict of interest and other provisions of CIPP). In case procurement is on a limited tender basis or where procurement is restricted to preapproved vendors, it should be especially ensured that there is no conflict of interest; d) The bid departs from the essential requirements specified in the tender document (for example, the bidder has not agreed to give the required performance security); or e) Against a schedule in the list of requirements in the tender enquiry, the bidder has not quoted for the entire requirement as specified in that schedule (example: in a schedule, it has been stipulated that the bidder will supply the equipment, install, and commission it and also train the purchaser's operators for operating the equipment. The bidder has, however, quoted only for supply of the equipment). f) Bidder has quoted conditional bids or more than one bid or alternative bids unless permitted explicitly in the Tender Document. g) The bid validity is shorter than the required period. However, in case of STE procurement, shorter bid validity may be accepted. h) Non-submission or submission of illegible scanned copies of stipulated documents/ declarations. i) The bid has unresolved substantive deviations (please refer to sub-para 4-b below).
2. Non-conformities between Figures and Words: Sometimes, non-conformities/errors are also observed in responsive tenders between the quoted prices in figures and in words. This situation normally does not arise in case of e-Procurement. This should be taken care of in the manner indicated below:
a) If, in the price structure quoted for the required services, there is discrepancy between the unit price and total price (which is obtained by multiplying the unit price by the quantity), the unit price shall prevail and the total price corrected accordingly; b) If there is an error in a total corresponding to the addition or subtraction of sub-totals, the sub-totals shall prevail, and the total shall be corrected; and c) If there is a discrepancy between words and figures, the amount in words shall prevail. d) Such a discrepancy in an offer should be conveyed to the bidder asking him to respond by a target date and if the bidder does not agree to Procuring Entity’s observation, the tender is liable to be rejected.
3. Discrepancies between Original and Additional/ Scanned Copies of a Tender: Normally, as far as feasible, no submission of original documents in physical format (other than Cost of Tender Documents, if any, (refer Para 5.2.1 Availability and Cost of Tender Documents), Bid Security and statutory certificates if any, should be asked for in eProcurement. In e-Procurement there could be discrepancies between the uploaded scanned copies and the Originals submitted by the bidder. In offline tenders, discrepancies may be observed in responsive tenders between the original copy and other copies of the same tender set. If discrepancies exist between the uploaded scanned or other copies and the originals submitted by the bidder, the original copy's text, etc., shall prevail. Here also, this issue is to be taken up with the bidder in the same manner as above and subsequent actions taken accordingly. Any substantive discrepancy shall be construed as a violation of the Code of Integrity, and the bid shall be liable to be rejected as nonresponsive in addition to other punitive actions under the Tender Document for violation of the Code of Conduct. 4. Deviations/ Reservations / Omissions - Substantive or Minor:
a) During the evaluation of Bids, the following definitions apply: i) “Deviation” is a departure from the requirements specified in the Tender Document; ii) “Reservation” is the setting of limiting conditions or withholding from complete acceptance of the requirements specified in the Tender Document; and iii) “Omission” is the failure to submit part, or all the information or documentation required in the Tender Document. b) Substantive Deviations: A deviation/ reservation/ omission from the requirements of the Tender Document shall be considered as a substantive deviation as per the following norm, and the rest shall be considered as Minor deviation: i) which affects in any substantive way the scope, quality, or performance of the product; ii) which limits in any substantive way, inconsistent with the Tender Document, the Procuring Entity's rights, or the Bidder's obligations under the contract; or iii) Whose rectification would unfairly affect the competitive position of other Bidders presenting substantively responsive Bids. c) The decision of the Procuring Entity shall be final in this regard. Bids with substantive deviations shall be rejected as nonresponsive. d) Variations and deviations and other offered benefits (techno-commercial or financial) above the scope/ quantum of the services specified in the Tender Document shall not influence evaluation Bids. If the bid is otherwise successful, such benefits shall be availed by the Procuring Entity, and these would become part of the contract. e) During the preliminary examination, some minor infirmity and/or irregularity and/or nonconformity may also be found in some bids. Such minor issues could be a missing pages/ attachment or illegibility in a submitted document; non-submission of requisite number of copies of a document. f) Considering Minor Deviations: There have also been cases where the bidder submitted the amendment Bank Guarantee but omitted to submit the main portion of the document. The court ruled that this was a minor irregularity. The court has consistently taken the view that the procuring entity is entitled to consider and allow minor deviations that do not amount to substantive deviations. The Procuring Entity reserves the right to accept bids with such minor issues provided they do not constitute any substantive deviation, do not have a fiscal impact, do not prejudice or affect the ranking order of the bidders and do not grant the bidder any undue advantage vis-àvis other bidders and the Procuring Entity. Wherever necessary, the Procuring Entity shall convey its observation on such ‘minor’ issues to Bidder as per para 7.3.2 below. If the Bidder does not reply by the specified date or gives an evasive reply without clarifying the point at issue in clear terms, that bid shall be liable to be rejected as nonresponsive.
Chapter 7: Bid Evaluation, and Award of Contract 7.3.2. Clarification of Bids/Shortfall Documents: 1. During the evaluation and comparison of bids, the purchaser may, at his discretion, ask the bidder for clarifications on the bid, in a consolidated manner, ordinarily not more than once. The request for clarification shall be given in writing by registered/ speed post/ courier/ email/ eProcurement portal (CPPP/ GeM), asking the bidder to respond by a specified date, mentioning therein that if the bidder does not comply or respond by the date, his tender will be liable to be rejected. Depending on the outcome, such bids are to be ignored or considered further. No change in prices or substance of the bid, which may grant any undue advantage to such bidder, shall be sought, offered, or permitted. No postbid clarification at the initiative of the bidder shall be entertained. 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. Provision may be made by e-Procurement portals to allow shortfall documents to be asked for (specifying a target date for submission, as in sub-para above) and taken from any bidders 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. 3. Ministries/ Departments/ CPSUs with a significant volume of procurement may develop a data-base of QR data of different bidders to minimize the time taken to ascertain QR compliance. Bidders may also be given viewing rights for its own data. In such case, over and above the documents submitted by the bidder in its bid, the above data-base may also be considered irrespective of the fact whether or not such data/details have been declared by the bidder in its bid.

NONCONSULT_MANUAL

1. A substantively responsive bid is complete and conforms to the Tender Document's essential terms, conditions, and requirements without substantive deviation, reservation, or omission. Only substantively responsive bids shall be considered for further evaluation. Other bids shall be treated as unresponsive and ignored. All bids received shall first be scrutinised to identify unresponsive bids, if any. Some important points based on which a bid may be declared as unresponsive and be ignored during the evaluation are:
7.3. Preliminary and Techno-commercial Evaluation (Rule 189 of GFR 2017) 7.3.1. Preliminary Examination of Bids - Evaluation of responsiveness of Bids
Chapter 7: Bid Evaluation, and Award of Contract a) The bid is not in the prescribed format or is unsigned or not signed as per the stipulations in the tender document; b) The required EMD has not been provided or exemption from EMD is claimed without acceptable proof of exemption; c) The bidder is not eligible to participate in the bid as per the eligibility criteria that have been laid down (including conflict of interest and other provisions of CIPP). In case procurement is on a limited tender basis or where procurement is restricted to preapproved vendors, it should be especially ensured that there is no conflict of interest; d) The bid departs from the essential requirements specified in the tender document (for example, the bidder has not agreed to give the required performance security); or e) Against a schedule in the list of requirements in the tender enquiry, the bidder has not quoted for the entire requirement as specified in that schedule (example: in a schedule, it has been stipulated that the bidder will supply the equipment, install, and commission it and also train the purchaser's operators for operating the equipment. The bidder has, however, quoted only for supply of the equipment). f) Bidder has quoted conditional bids or more than one bid or alternative bids unless permitted explicitly in the Tender Document. g) The bid validity is shorter than the required period. However, in case of STE procurement, shorter bid validity may be accepted. h) Non-submission or submission of illegible scanned copies of stipulated documents/ declarations. i) The bid has unresolved substantive deviations (please refer to sub-para 4-b below).
2. Non-conformities between Figures and Words: Sometimes, non-conformities/errors are also observed in responsive tenders between the quoted prices in figures and in words. This situation normally does not arise in case of e-Procurement. This should be taken care of in the manner indicated below:
a) If, in the price structure quoted for the required services, there is discrepancy between the unit price and total price (which is obtained by multiplying the unit price by the quantity), the unit price shall prevail and the total price corrected accordingly; b) If there is an error in a total corresponding to the addition or subtraction of sub-totals, the sub-totals shall prevail, and the total shall be corrected; and c) If there is a discrepancy between words and figures, the amount in words shall prevail. d) Such a discrepancy in an offer should be conveyed to the bidder asking him to respond by a target date and if the bidder does not agree to Procuring Entity’s observation, the tender is liable to be rejected.
3. Discrepancies between Original and Additional/ Scanned Copies of a Tender: Normally, as far as feasible, no submission of original documents in physical format (other than Cost of Tender Documents, if any, (refer Para 5.2.1 Availability and Cost of Tender Documents), Bid Security and statutory certificates if any, should be asked for in eProcurement. In e-Procurement there could be discrepancies between the uploaded scanned copies and the Originals submitted by the bidder. In offline tenders, discrepancies may be observed in responsive tenders between the original copy and other copies of the same tender set. If discrepancies exist between the uploaded scanned or other copies and the originals submitted by the bidder, the original copy's text, etc., shall prevail. Here also, this issue is to be taken up with the bidder in the same manner as above and subsequent actions taken accordingly. Any substantive discrepancy shall be construed as a violation of the Code of Integrity, and the bid shall be liable to be rejected as nonresponsive in addition to other punitive actions under the Tender Document for violation of the Code of Conduct. 4. Deviations/ Reservations / Omissions - Substantive or Minor:
a) During the evaluation of Bids, the following definitions apply: i) “Deviation” is a departure from the requirements specified in the Tender Document; ii) “Reservation” is the setting of limiting conditions or withholding from complete acceptance of the requirements specified in the Tender Document; and iii) “Omission” is the failure to submit part, or all the information or documentation required in the Tender Document. b) Substantive Deviations: A deviation/ reservation/ omission from the requirements of the Tender Document shall be considered as a substantive deviation as per the following norm, and the rest shall be considered as Minor deviation: i) which affects in any substantive way the scope, quality, or performance of the product; ii) which limits in any substantive way, inconsistent with the Tender Document, the Procuring Entity's rights, or the Bidder's obligations under the contract; or iii) Whose rectification would unfairly affect the competitive position of other Bidders presenting substantively responsive Bids. c) The decision of the Procuring Entity shall be final in this regard. Bids with substantive deviations shall be rejected as nonresponsive. d) Variations and deviations and other offered benefits (techno-commercial or financial) above the scope/ quantum of the services specified in the Tender Document shall not influence evaluation Bids. If the bid is otherwise successful, such benefits shall be availed by the Procuring Entity, and these would become part of the contract. e) During the preliminary examination, some minor infirmity and/or irregularity and/or nonconformity may also be found in some bids. Such minor issues could be a missing pages/ attachment or illegibility in a submitted document; non-submission of requisite number of copies of a document. f) Considering Minor Deviations: There have also been cases where the bidder submitted the amendment Bank Guarantee but omitted to submit the main portion of the document. The court ruled that this was a minor irregularity. The court has consistently taken the view that the procuring entity is entitled to consider and allow minor deviations that do not amount to substantive deviations. The Procuring Entity reserves the right to accept bids with such minor issues provided they do not constitute any substantive deviation, do not have a fiscal impact, do not prejudice or affect the ranking order of the bidders and do not grant the bidder any undue advantage vis-àvis other bidders and the Procuring Entity. Wherever necessary, the Procuring Entity shall convey its observation on such ‘minor’ issues to Bidder as per para 7.3.2 below. If the Bidder does not reply by the specified date or gives an evasive reply without clarifying the point at issue in clear terms, that bid shall be liable to be rejected as nonresponsive.
Chapter 7: Bid Evaluation, and Award of Contract 7.3.2. Clarification of Bids/Shortfall Documents: 1. During the evaluation and comparison of bids, the purchaser may, at his discretion, ask the bidder for clarifications on the bid, in a consolidated manner, ordinarily not more than once. The request for clarification shall be given in writing by registered/ speed post/ courier/ email/ eProcurement portal (CPPP/ GeM), asking the bidder to respond by a specified date, mentioning therein that if the bidder does not comply or respond by the date, his tender will be liable to be rejected. Depending on the outcome, such bids are to be ignored or considered further. No change in prices or substance of the bid, which may grant any undue advantage to such bidder, shall be sought, offered, or permitted. No postbid clarification at the initiative of the bidder shall be entertained. 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. Provision may be made by e-Procurement portals to allow shortfall documents to be asked for (specifying a target date for submission, as in sub-para above) and taken from any bidders 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. 3. Ministries/ Departments/ CPSUs with a significant volume of procurement may develop a data-base of QR data of different bidders to minimize the time taken to ascertain QR compliance. Bidders may also be given viewing rights for its own data. In such case, over and above the documents submitted by the bidder in its bid, the above data-base may also be considered irrespective of the fact whether or not such data/details have been declared by the bidder in its bid.

Para 7.3 — NONCONSULT_MANUAL

Original Rule Text

Para 7.3 — NONCONSULT_MANUAL

Original Rule Text