Para 7.3.3 — NONCONSULT_MANUAL

7.3.4. Evaluation of the Techno-commercial Bids 1. Only substantively responsive bids shall be evaluated for further evaluation.

7.3.3. Evaluation of eligibility: Procuring Entity shall determine, to its satisfaction, whether the Bidders are eligible as per the eligibility criteria in the Tender Document to participate in the Tender Process. Tenders that do not meet the required eligibility criteria prescribed shall be rejected as unresponsive.

2. Evaluation of Qualification Criteria: a) Bids with substantive techno-commercial deviations shall be rejected as nonresponsive. Procuring entity reserves its right to consider and allow minor deviations in technical and Commercial Conditions (refer para 7.3.1-4-f). b) In evaluating the techno-commercial bid, conformity to the eligibility/ qualification criteria (subject to dispensation if any, for Start-ups, as per sub-para c) below, technical specifications, and Quality Assurance; and commercial conditions of the offered Services to those in the Tender Document is ascertained. Additional factors incorporated in the Tender Document shall also be considered in the manner indicated therein. Any criteria not specified in the tender shall not be used for evaluation or qualification. This determination shall, inter-alia, consider the Bidder’s Experience/ Past Performance, Performance and Financial Capabilities; for satisfying all requirements incorporated in the Tender Document. The determination shall not consider the qualifications of other firms such as the Bidder’s subsidiaries, parent entities, affiliates, subcontractors (other than specialized subcontractors if permitted in the bidding document), or any other firm

(s) different from the Bidder.

c) As per para 1.10.1-4-b), 1.10.4-2-b) and 5.1.9-5, the condition of prior turnover and prior experience may be relaxed72 for Startups (only to startups recognized by the Department of Industry & Internal Trade (DPIIT)) subject to meeting quality & technical specifications and making suitable provisions in the tender document (Rule 173

(i) of GFR 2017). Startups may be MSEs or otherwise. Such relaxation can be provided in the case of procurement of works as well. It is further clarified that such relaxation is not optional but has to be ensured, except in case of procurement of items related to public safety, health, critical security operations and equipment, etc) where adequate justification exists for the Procuring Entity not to relax such criteria. d) The Techno-commercial evaluation establishes whether a proposal passes the minimum qualifying mark (or technical score) provided for in the Tender Document. The Procuring Entity should be prepared to debrief bidders to explain the evaluation of their proposals. e) For details of the qualification criteria please refer to the MTD for Non-consultancy Services.

3. Evaluation of Conformity to Performance Standards and Quality Assurance: The Procuring Entity shall examine the Performance Standards and Quality Assurance; Methods Statement, Work Plan, and Inputs Deployment Plans (Manpower, Machinery and Materials) to ensure conformity to performance standards and quality assurance.

4. Evaluation of Conformity to Commercial and Other Clauses: Bidder must comply with all the Commercial and other clauses of the Tender Document. The Procuring Entity shall also evaluate the commercial conditions quoted by Bidder to confirm that all terms and conditions stipulated in the Tender Document have been accepted without substantive omissions/ reservations/ exception/ deviation by the Bidder. Deviations from or objections or reservations to critical provisions identified in the Tender Documents will be deemed to be a material deviation. If critical provisions are not explicitly stated in the Tender document, then these shall be taken to be Governing laws and Jurisdiction, Contractor’s Obligations and Restrictions of its Rights, Performance Bond/ Security, Force Majeure, Taxes & Duties, and Code of Integrity). Only minor deviations may be accepted/allowed, provided these do not constitute substantive deviations as per para 7.3.1-4-f) above.

5. Technical Evaluation Report and Declaration of Results: a) In a single envelope/cover tender, TC proceeds to evaluate the price aspects without a reference to CA at this stage. However, in case of a two envelop tender, the TC prepares a technical evaluation report of the "quality" of the proposals recording the scores given to each criterion and sub-criterion, as well as explain the decisions and take the competent authority's (CA) approval. For each proposal, the report also should substantiate the results of the evaluation and indicate technical weaknesses or deviations from the terms set out in the Tender Documents and comment on their

Chapter 7: Bid Evaluation, and Award of Contract acceptability. This committee shall record in detail the reasons for acceptance or rejection of the bids analysed and evaluated by it. The CA may ask the TC to explain the report but should not request that scores be changed. It should review the TC’s evaluation of each proposal (on technical, contractual, and other aspects). The CA should decide how any acceptable deviation in each proposal should be handled during contract formulation, in case that proposal is ranked first. The technical evaluation report is a confidential document, and its contents shall not be disclosed. All records relating to the evaluation, such as individual mark sheets, shall be retained until completion of the project and its audit. A sample format for preparation of technical evaluation report and financial evaluation report including award recommendation to the competent authority is given at Annexure 6.

b) Declaration of Results: In such cases, after the approval of CA, the results of the Techno-commercial bid evaluation are to be announced (including informing the failed Bidders). In the case of two-packet or two-stage tendering, Bid securities of unsuccessful bidders during the first stage, i.e., technical evaluation, etc., should be returned within 30 days of declaration of result of the first stage, i.e., technical evaluation etc, in terms of Para 6.1.1. The date/ time and place (or on the portal in case of e-procurement) are announced for the opening of Financial Bids in the presence of technically suitable bidders who are willing to attend the bid opening. Such a date should be two to five (5) days after the announcement.