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Para 5.6.11 - Tender Transparency | KartavyaDesk

WORKS_MANUAL

Original Rule Text

5.7.2 Publication of Tender Results and Return of EMD of Unsuccessful Bidders GFR 2017 (Rule 159) makes it mandatory to publish details of Bid award on the CPPP and also in the notice board/ bulletin/ website of the concerned ministry or department/ eProcurement Portal. In case publication of such information is sensitive from commercial or security aspects, dispensation may be sought from publishing of such results by obtaining sanction from the Secretary of the Department with the concurrence of the concerned Financial Advisor. In the case of Autonomous Bodies and Statutory Bodies’ approval of the Head of the Body with the concurrence of the Head of the Finance should be obtained in each such case. Statistical information on the number of cases in which exemption was granted and the value of the concerned contract should be intimated on a quarterly basis to the Ministry of Finance, Department of Expenditure. Upon the successful bidder furnishing the signed agreement and performance security, each unsuccessful bidder will be promptly notified and their bid security be returned without interest within 30 (thirty) days of notice of award of contract. The successful contractor’s bid security shall be adjusted against the SD or returned as per the terms of the tender documents.

What This Means

Para 5.6.11 of the Works Manual, referencing GFR 2017 Rule 159, deals with transparency in government tenders. It says that after a tender is awarded, the government must publish the results, including who won, on the Central Public Procurement Portal (CPPP) and their own website or notice board. This makes the process open and accountable. However, if publishing the details could harm commercial interests or national security, the department can ask for an exemption. This requires approval from the Secretary of the Department and the Financial Advisor, or the Head of the Body and Head of Finance for Autonomous/Statutory Bodies. They also need to report how often they use this exemption to the Ministry of Finance quarterly.

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

Key Points

  • •Tender results must be published on CPPP and departmental websites/notice boards.
  • •Exemption from publication is possible for sensitive information, requiring specific approvals.
  • •Exemptions must be reported quarterly to the Ministry of Finance.
  • •Unsuccessful bidders' Earnest Money Deposit (EMD) must be returned within 30 days of the contract award notice.
  • •Successful bidder's EMD is adjusted against Security Deposit (SD) or returned as per tender terms.

Practical Example

The Ministry of Infrastructure floated a tender for the construction of a bridge. Three companies, ABC Constructions, XYZ Builders, and LMN Infrastructure, participated. ABC Constructions won the tender. As per Para 5.6.11, the Ministry published the tender results on the CPPP and their website, including the bid amount and ABC Constructions' name. However, XYZ Builders had submitted a bid that revealed a new, cost-effective construction technique. The Ministry felt publishing this bid detail would give competitors an unfair advantage. Therefore, they sought an exemption from publishing XYZ Builders' bid details, obtaining approval from the Secretary and the Financial Advisor. The EMDs of XYZ Builders and LMN Infrastructure were returned within 30 days. ABC Constructions' EMD was adjusted against the required Security Deposit.

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

Frequently Asked Questions

What is CPPP and where do I find it?▼
CPPP stands for Central Public Procurement Portal. It's the government's official website for publishing tenders and related information. You can find it online at etenders.gov.in.
What happens if we don't return the EMD within 30 days?▼
Delaying the return of EMD can lead to complaints and potentially legal issues. It's crucial to adhere to the 30-day timeframe to maintain transparency and fairness in the tendering process.
Who is responsible for ensuring the tender results are published?▼
The concerned department or ministry floating the tender is responsible for publishing the results. Typically, the procurement officer or a designated official handles this task.
What constitutes 'sensitive' information that warrants an exemption?▼
Sensitive information could include details that compromise national security, reveal proprietary technology, or give competitors an unfair advantage. The specific circumstances will determine whether an exemption is justified.
Does this rule apply to all types of government tenders?▼
Yes, GFR 2017 Rule 159, and by extension Para 5.6.11, generally applies to all government tenders. However, specific guidelines might exist for certain types of procurements, so always refer to the relevant tender documents and departmental instructions.

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 5.6.11 of the Works Manual, referencing GFR 2017 Rule 159, where must details of a bid award be mandatorily published?

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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