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Para 5.4.2 - Minor Tender Errors | KartavyaDesk

WORKS_MANUAL

Original Rule Text

5.4.4 Minor Infirmity/ Irregularity/ Non-conformity During the preliminary examination, some minor infirmity and/ or irregularity and/ or nonconformity may also be found in some tenders. 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. There have been also cases where the bidder submitted the amendment Bank Guarantee, but omitted to submit the main portion of Bid Document. The court ruled that this is a minor irregularity. Such minor issues may be waived provided they do not constitute any material deviation (please refer to Para 5.5.1 (iv) below) and financial impact and, also, do not prejudice or affect the ranking order of the tenderers. Wherever necessary, observations on such ‘minor’ issues (as mentioned above) may be conveyed to the tenderer by registered letter/ speed post, and so on, asking him to respond by a specified date also mentioning therein that, if the tenderer does not conform Procuring Entity’s view or respond by that specified date, his tender will be liable to be rejected. Depending on the outcome, such tenders are to be ignored or considered further.

What This Means

Para 5.4.2 of the Works Manual deals with 'minor infirmities' or small mistakes found in tenders (bids) during the initial review. Think of it as a chance for bidders to correct small errors without automatically disqualifying them. These errors could be missing pages, unclear documents, or not submitting the right number of copies. The rule allows these minor issues to be overlooked if they don't significantly change the bid's meaning, affect the cost, or unfairly change the ranking of the bidders.

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

Key Points

  • •Applies to minor errors like missing pages or illegible documents in tenders.
  • •Errors can be waived if they don't materially alter the bid, impact finances, or affect the ranking order.
  • •The procuring entity must notify the tenderer of the issue and give them a chance to respond.
  • •Failure to respond or conform to the procuring entity's view can lead to rejection of the tender.
  • •The decision to ignore or consider the tender further depends on the tenderer's response.

Practical Example

During the preliminary examination of tenders for the construction of a new community hall, Mr. Sharma, the Junior Engineer, notices that M/s. Builders' Choice submitted only one copy of their financial bid instead of the required three. He also finds that page 7 of M/s. Infrastructure Ltd.'s technical proposal is slightly blurred, making one paragraph difficult to read. Mr. Sharma, following Para 5.4.2, sends registered letters to both companies, giving them a week to rectify the issues. M/s. Builders' Choice promptly submits the two missing copies. M/s. Infrastructure Ltd. provides a clearer version of page 7. Since these were minor issues that didn't affect the core substance or pricing of their bids, and after receiving the corrected documents, both tenders are considered further in the evaluation process.

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

Frequently Asked Questions

What constitutes a 'minor infirmity' under Para 5.4.2?▼
Minor infirmities include things like missing pages, illegible documents, or not submitting the correct number of copies, as long as they don't materially change the bid or affect the ranking.
What happens if a bidder doesn't respond to the notification about a minor infirmity?▼
If the bidder doesn't respond by the specified date or doesn't conform to the procuring entity's view, their tender is liable to be rejected.
Can a missing signature be considered a minor infirmity?▼
Generally, a missing signature is considered a more significant issue than a missing page, as it affects the validity of the document. It may not fall under the scope of Para 5.4.2 and could lead to rejection.
Does Para 5.4.2 apply to all types of tenders?▼
Yes, Para 5.4.2 is applicable to all types of tenders where minor infirmities or irregularities are found during the preliminary examination.
Who decides whether an issue is a 'minor infirmity' or a 'material deviation'?▼
The procuring entity, typically the tender evaluation committee, makes the determination based on the specific circumstances of the tender and the nature of the issue. They must consider whether the issue affects the substance, price, or ranking of the bids.

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 5.4.2 of the Works Manual, which of the following is NOT a condition for waiving a minor infirmity in a tender?

Related Rules

Para 3.2.4Manual for Procurement of Works, 2022 - Para 3.2.4 - Chapter 3Para 3.5.13Manual for Procurement of Works, 2022 - Para 3.5.13 - Chapter 4Para 3.2.6Manual for Procurement of Works, 2022 - Para 3.2.6 - Chapter 3Para 4.10Manual for Procurement of Works, 2022 - Para 4.10 - Chapter 4Para 4.11Manual for Procurement of Works, 2022 - Para 4.11 - Chapter 4

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