Para 5.4.5 - Bid Clarification | KartavyaDesk
Original Rule Text
5.4.5 Clarification of Bids/ Shortfall Documents During evaluation and comparison of bids, the Procuring Entity may, at his discretion, ask the bidder for clarifications on the bid. The request for clarification shall be given in writing by registered/ speed post, asking the tenderer to respond by a specified date, and also mentioning therein that, if the tenderer does not comply or respond by the date, his tender will be liable to be rejected. Depending on the outcome, such tenders are to be ignored or considered further. No change in prices or substance of the bid including specifications, shall be sought, offered or permitted. No post-bid clarification at the initiative of the bidder shall be entertained. The shortfall information/ documents should be sought only in case of historical documents which pre-existed at the time of the tender opening and which have not undergone change since then. These should be called only on basis of the recommendations of the TC. (Example: if the Permanent Account Number, GSTN number has been asked to be submitted and the tenderer has not provided them, these documents may be asked for with a target date as above). So far as the submission of documents is concerned with regard to qualification criteria, after submission of the tender, only related shortfall documents should be asked for
What This Means
Para 5.4.5 of the Works Manual outlines the process for seeking clarifications or missing documents from bidders during the tender evaluation process. Essentially, if the government department (Procuring Entity) finds something unclear or missing in a bid, they can formally request the bidder to provide clarification or the missing documents. This request must be in writing, sent via registered or speed post, and include a deadline for the bidder to respond. It's crucial to understand that this rule aims to clarify existing information, not to allow bidders to change their prices, specifications, or the core substance of their bid after the deadline.
The rule emphasizes that only 'historical' documents, meaning those that existed before the tender opening and haven't changed since, can be requested as shortfall documents. This prevents bidders from creating new documents to improve their bid after the fact. The Technical Committee (TC) must recommend the need for these shortfall documents. For example, if a bidder forgot to include their GSTN number, the department can request it. However, this process is strictly limited to clarifying existing information and ensuring fairness in the bidding process. The rule also clarifies that only shortfall documents related to qualification criteria can be asked for after the initial tender submission.
This rule affects both the Procuring Entity (government department) and the bidders. The Procuring Entity must follow the prescribed procedure when seeking clarifications or shortfall documents, ensuring transparency and fairness. Bidders must understand that they cannot change their bids after submission but may be given a chance to clarify existing information or provide missing historical documents if requested by the Procuring Entity.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Key Points
- •Clarifications can be sought from bidders in writing via registered/speed post.
- •No changes to prices or the substance of the bid are allowed during clarification.
- •Only 'historical' shortfall documents that pre-existed the tender opening can be requested, based on TC recommendation.
- •Post-bid clarifications initiated by the bidder are not entertained.
- •Shortfall documents related to qualification criteria can be requested after tender submission.
Practical Example
The Department of Irrigation is evaluating bids for the construction of a new canal. During the evaluation, the Technical Committee notices that M/s. Jal Nigam, one of the bidders, has not provided a copy of their Permanent Account Number (PAN) card. The TC recommends that the department seek this document. The Procuring Entity sends a written request via speed post to M/s. Jal Nigam, asking them to submit a copy of their PAN card by July 15th, and stating that their bid will be rejected if they fail to comply.
In another scenario, M/s. Nadi Vikas, another bidder, submits a bid with a price of ₹50 crore. After the bid opening, they realize they made a mistake and want to revise their price to ₹45 crore. According to Para 5.4.5, the Procuring Entity cannot entertain this request because it constitutes a change in the price of the bid after submission. The department can only ask for clarification on existing information, not allow for changes to the bid itself.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Frequently Asked Questions
Can we ask a bidder to submit a new document that didn't exist at the time of the tender opening?▼
What happens if a bidder doesn't respond to our request for clarification by the deadline?▼
Can a bidder offer a clarification on their own initiative after the bid opening?▼
Who decides whether to ask for shortfall documents?▼
If a bidder's bid is technically sound but they forgot to include a minor document like an address proof, can we ask for it?▼
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 5.4.5 of the Works Manual, how should a Procuring Entity communicate a request for clarification on a bid to a tenderer?
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