Para 4.9 — WORKS_MANUAL

WORKS_MANUAL

Part II Financial Bid i) Form of bid – duly filled in and signed on each page; and ii) Priced BOQ – duly filled in and signed on each page. Each part will be separately sealed and marked as per instructions. In other than e-Procurement tenders, all the quoted rates and the amount in the BOQ shall be laminated.
Part 1 Technical Bid: The technical bid shall be hardbound (in other than e-Procurement) and all pages serially numbered. Hardbound implies such binding between two covers through stitching or otherwise whereby it may not be possible to replace any paper without disturbing the document. In e-Procurement, the submission would be online.
i) Bid security for an amount and in form as specified in ITB; ii) Power of attorney; iii) Qualification information and supporting documents (if prequalification has been done, original qualification will be updated); iv) Evidence of access to a revolving line of credit; v) Undertaking for making available the required key equipment as specified; vi) Undertaking for making available the required key personnel as specified; vii) Annual audited turnover; viii) Current contract commitments/ works in progress; ix) Financial data; x) Additional information regarding litigation, debarment, arbitration, and so on; xi) Joint Venture (JV) agreement (or a letter of intent to create a JV in case of award of Contract) in case the bidder is a JV; xii) Proposed methodology and programme for execution of work duly supported by equipment planning and QA procedures proposed to be adopted by the bidder; and xiii) Affidavit concerning Submission of Bid and abiding by Bid Conditions.
4.9 Submission of Bids by Bidders 4.9.1 The procuring entity shall fix a place and a specific date and time as the deadline for the submission of tenders. The bid shall be submitted by the bidder well before the deadline (original or extended as the case may be) for submission (to avoid rush in internet traffic). The use of offline mode of tendering shall be done only under the circumstances where exemptions for e-Procurement are provided as per extant instructions.
4.9.1A.Quality-cum-cost based Selection (QCBS) for works and Non-Consultancy Services: i) Procuring entities are hereby allowed to use QCBS for procurement of works and non-consultancy services in the following cases: a. Where the procurement has been declared to be a Quality Oriented Procurement (QOP) by the competent authority or b. For procurement of Non-Consulting Services, where estimated value of procurement (including all taxes and option clause does not exceed Rs. 10 crore.
Note: In cases where estimated value was less than Rs. 10 crore but, on tendering, following QCBS process, it is proposed to place contract for more than Rs. 10 crores, the following procedure shall be adopted:
1. In case the difference between estimated value (including taxes etc as above) and value of the proposed contract (including taxes etc) is less than 10% of the estimated value, there will be no bar on placement of contract. 2. In all other cases, the procurement process is to be scrapped and restarted either as QOP or on n on QCBS basis.
ii) The principles of QCBS shall be as provided in Rule 192(i),
(ii) and
(iii) of the GFR. However, the maximum weight of the non-financial parameters shall in no case exceed 30%. The Competent Authority for allowing QCBS shall be as follows:- a. For declaring a procurement as QOP: 1. Where the procuring entity/project executing authority is covered by Rule 1 of GFR, the secretary of the Ministry/Department, to which the procuring entity belongs. 2. Where the procuring entity is a CPSE, the Board of Directors of the CPSE. b. For Non-consulting Services not exceeding Rs. 10 crore in value: 1. Where the procuring entity is covered by Rule 1 of GFR, by the officer or authority two levels above the officer/authority competent to finalize the particular procurement, or the Secretary of the Ministry/Department whichever is lower. 2. Where the procuring enrity is a CPSE, the authority or officer two levels above the officer competent to finalize the particular procurement, or the Board of Directors of the CPSE whichever is lower.
iii) In all cases of QOP, a Special Technical Committee (STC) shall be constituted with the following composition:- a. Two or more persons who have expert knowledge and /o9r long experience relevant to the procurement in question; b. One or more persons with extensive experience in handling public projects and/or public finance in the Government or State/Central Public Sector; c. One or more persons with experience in financial management/financial administration/audit/accountancy; d.
Note more than one member representing the procuring entity who may inter alia provide administrative support to the Committee. e. The persons referred to in sub paras
(i) to
(iii) shall be persons not working under the Competent Authority specified in para 2 (15.2.2) and shall not belong to any organization under the control of, or receiving funding from, the procuring entity or the Ministry/Department to which such procuring entity belongs. iv) The names of members of the Special Technical Committee shall be decided either by the Competent Authority specified in para 2(15.2.2) above or by any other authority to whom such power is delegated by the competent authority; however, powers shall not be delegated to the officer or authority competent to finalize the particular procurement. Sitting fee may be paid to the members of the STC. Incidental costs including travel be paid by the procuring entity. The STC shall make specific recommendations on the following matters:- a. The weight to be given to non-financial parameters (not exceeding 30%). b. The specific quality/technical parameters, their weights, their scoring methodology, the minimum qualification score etc. and other relevant criteria necessary for enduring fair and transparent quality/technical evaluation of the bids. v) The recommendations of the STC shall be followed except where there are special grounds in public interest for deviating from them. However, every case of deviation from the recommendations of the STC shall require approval of the Competent Authority specified in para 2( 15.2.2)
(i) above who approved the declaration of the procurement as QOP. vi) In respect of QCBS for Non-Consultancy Services not exceeding Rs. 10 crore, a Technical Committee shall be constituted to carry out functions mentioned in para 5( 15.2.5) in lieu of the STC. The composition of the Technical Committee shall follow the provisions of para 3(15.2.3)
(vi) shall however not be applicable in such cases. vii) Grounds for Declaring a Procurement to be Quality Oriented Procurement: A procurement should be declared as a QOP only if there is enough justification in terms of value addition or enhancement of delivery or paramount importance of quality. Reasons for not adopting two cover/prequalification-based/least cost system shall be documented. viii) Tender Documents-Fixing/Selection of the Evaluation/Qualification Criteria a. To ensure quality, some of the criteria used in marking may be made mandatory and if a bidder does not meet those, then bids shall not be evaluated further. b. Weightage may also be given for timely completion of past projects of similar nature by the bidder. c. In all cases of QOP, a pre-bid meeting shall be held in which the technical criteria including the marking scheme shall be discussed with the potential bidders. If any changes in the criteria are necessitated by such consultation such changes shall require the recommendation of the STC. In NonConsultancy Services, pre-bid meetings may be held at the discretion of the public authority. ix) Fixing of Scoring/Marketing Criteria: a. The coring should not be a variable that relies on the subjective opinion of the evaluating panel. The marking scheme should enable achievement of almost similar cores irrespective of the persons/experts being involved in the evaluation process. When the outcome are consistent for the available information, the QCBS parameters are more reliable. Unambiguous description and criteria help to avoid grey areas so as to endure that there is only one possible score for the item. As far as possible, the criteria should be so specific and clear that bidders can self-mark their own bids.
b. It is better to specify minimum marks for meeting the qualifying criteria specified. c. Examples of fixed quality parameters that ought not to be considered for relative scoring including organizations’ ISO/standards accreditation,etc.These are required to establish the credentials of the service provider but cannot be used for relative comparison between the various bidders. d. Bidders should be asked to produce certificates for the past performance. A format may be given in the tender itself outlining the contract details, completion, sustainability of service, etc. and bidders may be asked to fill it and give evidence to that effect. e. Bidders may be askedto submit a detailed presentationon their proposals in the form of soft copy along with the bid so as to facilitate better understanding of their proposal and to ensure commitment. f. Besides the Bill of Quantity (BOQ) output criteria for payment, Key Performance Indicators (KPI) may be specified with minimum achievement levels for payment so as to ensure quality compliance.
x) Evaluation of QCBS Bids: For evaluation, a suitable committee shall be constituted. However, members of the STC shall not be involved.
xi) Joint Ventures in QCBS a. In conventional tenders, some bidders adopt ‘name borrowing’ and Joint Ventures(JV) often do not function in letter and spirit. This results in lack of quality and accountability. JVs often end in onesided participation, diluting the essence of the tender evaluation during its performance. Since quality is given weightage in the evaluation itself, in QCBS procurement, it is even more important to guard against such tendencies. Therefore, Joint Ventures may be avoided in QCBS procurements as far as possible. Joint Ventures could, however, become necessary in high technology or innovative projects where a single entity may not be able to execute the work alone. b. If JVs are allowed, adequate safeguards should be provided. Since weightage for quality/ experience influences the award itself, measure should be taken to ensure that all the JV partners are present and deliver services all through the contract period. An Implementation Board with participation of all JV partners may be provided for wherein the Project Manager from the procuring entity shall also be allowed audience when required. Meeting of JV partners with the project executing authority for quarterly progress review may be made as a criterion linked to achievement of key dates or even payment.
Note: In para 4.9.1A instructions containing “shall” are mandatory; any deviation from these instructions shall require relaxation from Ministry of Finance (for Ministries/ Departments etc.) or from the Board of Directors (for Central Public Sector Enterprises).

WORKS_MANUAL

Part II Financial Bid i) Form of bid – duly filled in and signed on each page; and ii) Priced BOQ – duly filled in and signed on each page. Each part will be separately sealed and marked as per instructions. In other than e-Procurement tenders, all the quoted rates and the amount in the BOQ shall be laminated.
Part 1 Technical Bid: The technical bid shall be hardbound (in other than e-Procurement) and all pages serially numbered. Hardbound implies such binding between two covers through stitching or otherwise whereby it may not be possible to replace any paper without disturbing the document. In e-Procurement, the submission would be online.
i) Bid security for an amount and in form as specified in ITB; ii) Power of attorney; iii) Qualification information and supporting documents (if prequalification has been done, original qualification will be updated); iv) Evidence of access to a revolving line of credit; v) Undertaking for making available the required key equipment as specified; vi) Undertaking for making available the required key personnel as specified; vii) Annual audited turnover; viii) Current contract commitments/ works in progress; ix) Financial data; x) Additional information regarding litigation, debarment, arbitration, and so on; xi) Joint Venture (JV) agreement (or a letter of intent to create a JV in case of award of Contract) in case the bidder is a JV; xii) Proposed methodology and programme for execution of work duly supported by equipment planning and QA procedures proposed to be adopted by the bidder; and xiii) Affidavit concerning Submission of Bid and abiding by Bid Conditions.
4.9 Submission of Bids by Bidders 4.9.1 The procuring entity shall fix a place and a specific date and time as the deadline for the submission of tenders. The bid shall be submitted by the bidder well before the deadline (original or extended as the case may be) for submission (to avoid rush in internet traffic). The use of offline mode of tendering shall be done only under the circumstances where exemptions for e-Procurement are provided as per extant instructions.
4.9.1A.Quality-cum-cost based Selection (QCBS) for works and Non-Consultancy Services: i) Procuring entities are hereby allowed to use QCBS for procurement of works and non-consultancy services in the following cases: a. Where the procurement has been declared to be a Quality Oriented Procurement (QOP) by the competent authority or b. For procurement of Non-Consulting Services, where estimated value of procurement (including all taxes and option clause does not exceed Rs. 10 crore.
Note: In cases where estimated value was less than Rs. 10 crore but, on tendering, following QCBS process, it is proposed to place contract for more than Rs. 10 crores, the following procedure shall be adopted:
1. In case the difference between estimated value (including taxes etc as above) and value of the proposed contract (including taxes etc) is less than 10% of the estimated value, there will be no bar on placement of contract. 2. In all other cases, the procurement process is to be scrapped and restarted either as QOP or on n on QCBS basis.
ii) The principles of QCBS shall be as provided in Rule 192(i),
(ii) and
(iii) of the GFR. However, the maximum weight of the non-financial parameters shall in no case exceed 30%. The Competent Authority for allowing QCBS shall be as follows:- a. For declaring a procurement as QOP: 1. Where the procuring entity/project executing authority is covered by Rule 1 of GFR, the secretary of the Ministry/Department, to which the procuring entity belongs. 2. Where the procuring entity is a CPSE, the Board of Directors of the CPSE. b. For Non-consulting Services not exceeding Rs. 10 crore in value: 1. Where the procuring entity is covered by Rule 1 of GFR, by the officer or authority two levels above the officer/authority competent to finalize the particular procurement, or the Secretary of the Ministry/Department whichever is lower. 2. Where the procuring enrity is a CPSE, the authority or officer two levels above the officer competent to finalize the particular procurement, or the Board of Directors of the CPSE whichever is lower.
iii) In all cases of QOP, a Special Technical Committee (STC) shall be constituted with the following composition:- a. Two or more persons who have expert knowledge and /o9r long experience relevant to the procurement in question; b. One or more persons with extensive experience in handling public projects and/or public finance in the Government or State/Central Public Sector; c. One or more persons with experience in financial management/financial administration/audit/accountancy; d.
Note more than one member representing the procuring entity who may inter alia provide administrative support to the Committee. e. The persons referred to in sub paras
(i) to
(iii) shall be persons not working under the Competent Authority specified in para 2 (15.2.2) and shall not belong to any organization under the control of, or receiving funding from, the procuring entity or the Ministry/Department to which such procuring entity belongs. iv) The names of members of the Special Technical Committee shall be decided either by the Competent Authority specified in para 2(15.2.2) above or by any other authority to whom such power is delegated by the competent authority; however, powers shall not be delegated to the officer or authority competent to finalize the particular procurement. Sitting fee may be paid to the members of the STC. Incidental costs including travel be paid by the procuring entity. The STC shall make specific recommendations on the following matters:- a. The weight to be given to non-financial parameters (not exceeding 30%). b. The specific quality/technical parameters, their weights, their scoring methodology, the minimum qualification score etc. and other relevant criteria necessary for enduring fair and transparent quality/technical evaluation of the bids. v) The recommendations of the STC shall be followed except where there are special grounds in public interest for deviating from them. However, every case of deviation from the recommendations of the STC shall require approval of the Competent Authority specified in para 2( 15.2.2)
(i) above who approved the declaration of the procurement as QOP. vi) In respect of QCBS for Non-Consultancy Services not exceeding Rs. 10 crore, a Technical Committee shall be constituted to carry out functions mentioned in para 5( 15.2.5) in lieu of the STC. The composition of the Technical Committee shall follow the provisions of para 3(15.2.3)
(vi) shall however not be applicable in such cases. vii) Grounds for Declaring a Procurement to be Quality Oriented Procurement: A procurement should be declared as a QOP only if there is enough justification in terms of value addition or enhancement of delivery or paramount importance of quality. Reasons for not adopting two cover/prequalification-based/least cost system shall be documented. viii) Tender Documents-Fixing/Selection of the Evaluation/Qualification Criteria a. To ensure quality, some of the criteria used in marking may be made mandatory and if a bidder does not meet those, then bids shall not be evaluated further. b. Weightage may also be given for timely completion of past projects of similar nature by the bidder. c. In all cases of QOP, a pre-bid meeting shall be held in which the technical criteria including the marking scheme shall be discussed with the potential bidders. If any changes in the criteria are necessitated by such consultation such changes shall require the recommendation of the STC. In NonConsultancy Services, pre-bid meetings may be held at the discretion of the public authority. ix) Fixing of Scoring/Marketing Criteria: a. The coring should not be a variable that relies on the subjective opinion of the evaluating panel. The marking scheme should enable achievement of almost similar cores irrespective of the persons/experts being involved in the evaluation process. When the outcome are consistent for the available information, the QCBS parameters are more reliable. Unambiguous description and criteria help to avoid grey areas so as to endure that there is only one possible score for the item. As far as possible, the criteria should be so specific and clear that bidders can self-mark their own bids.
b. It is better to specify minimum marks for meeting the qualifying criteria specified. c. Examples of fixed quality parameters that ought not to be considered for relative scoring including organizations’ ISO/standards accreditation,etc.These are required to establish the credentials of the service provider but cannot be used for relative comparison between the various bidders. d. Bidders should be asked to produce certificates for the past performance. A format may be given in the tender itself outlining the contract details, completion, sustainability of service, etc. and bidders may be asked to fill it and give evidence to that effect. e. Bidders may be askedto submit a detailed presentationon their proposals in the form of soft copy along with the bid so as to facilitate better understanding of their proposal and to ensure commitment. f. Besides the Bill of Quantity (BOQ) output criteria for payment, Key Performance Indicators (KPI) may be specified with minimum achievement levels for payment so as to ensure quality compliance.
x) Evaluation of QCBS Bids: For evaluation, a suitable committee shall be constituted. However, members of the STC shall not be involved.
xi) Joint Ventures in QCBS a. In conventional tenders, some bidders adopt ‘name borrowing’ and Joint Ventures(JV) often do not function in letter and spirit. This results in lack of quality and accountability. JVs often end in onesided participation, diluting the essence of the tender evaluation during its performance. Since quality is given weightage in the evaluation itself, in QCBS procurement, it is even more important to guard against such tendencies. Therefore, Joint Ventures may be avoided in QCBS procurements as far as possible. Joint Ventures could, however, become necessary in high technology or innovative projects where a single entity may not be able to execute the work alone. b. If JVs are allowed, adequate safeguards should be provided. Since weightage for quality/ experience influences the award itself, measure should be taken to ensure that all the JV partners are present and deliver services all through the contract period. An Implementation Board with participation of all JV partners may be provided for wherein the Project Manager from the procuring entity shall also be allowed audience when required. Meeting of JV partners with the project executing authority for quarterly progress review may be made as a criterion linked to achievement of key dates or even payment.
Note: In para 4.9.1A instructions containing “shall” are mandatory; any deviation from these instructions shall require relaxation from Ministry of Finance (for Ministries/ Departments etc.) or from the Board of Directors (for Central Public Sector Enterprises).

Para 4.9 — WORKS_MANUAL

Original Rule Text

Para 4.9 — WORKS_MANUAL

Original Rule Text