The procedure of submission, opening and evaluation of bids including constitution of Committee under section 24 shall be as follows:-
(1) Constitution of Procurement Committee :-
(i) Every procuring entity shall constitute and notify one or more Committees for the following purposes, namely :-
(a) Preparation of bidding documents;
(b) Opening of bids;
(c) Evaluation of technical and financial bids;
(d) Monitoring of contract;
(e) Spot Purchase;
(f) Purchase Committee for Competitive negotiations;
(g) Any other purpose relating to procurement like preparation or evaluation of Detailed Project Report, etc. as may be decided by the procuring entity:
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Provided that no consultant or advisor, by whatever name called, shall be a member of any such Committee.
(ii) Each such Committee shall consist of three or more members, provided that, in cases of e-procurement, the Bid Opening Committee may have a minimum of two members.
(iii) The concerned Financial Advisor or the Finance and Accounts Officer or Senior-most Officer of the procuring entity dealing with finance as the case may be a member in all the Committees.
(iv) The procuring entity may nominate a Technical Official having the relevant expertise as a member in any or all the Committees if deemed necessary.
(v) The procuring entity may, with the prior approval of the concerned Administrative Department and after recording reasons thereof, engage a consultant having the requisite level of expertise as a subject matter specialist to assist any or all the Committees but such consultant shall not be part of the Committee or Committees.
(vi) In complex projects, the work of preparation of project report or bidding documents may be assigned to duly Engaged Consultants having the requisite level of expertise with the prior approval of the concerned Administrative Department.
(vii) The Administrative Department may direct the procuring entities to include an officer from the office of the next higher authority in any of these committees, if so deemed necessary.
(2) Procedure relating to invitation and preparation of bids in Open Competitive Bidding :-
(i) Subject to the provisions in the Act, all procuring entities shall invite bids in the Open Competitive Bidding method giving the widest possible publicity and providing sufficient time for submission of bids for ensuring adequate competition.
(ii) The procedure relating to the submission, opening and evaluation of bids to be followed by all procuring entities for Open Competitive bidding shall be as under these rules.
(iii) Save as otherwise specifically provided in the Act and these rules, the procedure for submission, opening and evaluation of bids to be followed by all procurement entities in the methods of procurement other than open competitive bidding, when chosen in terms of section 28 of the Act after recording reasons thereof, shall, mutatis mutandis, also be as laid down herein in these rules.
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(iv) Except in the case of e-procurement, the bidder shall prepare and submit one original set of the bidding documents, called “Bid”, and clearly mark it as “ORIGINAL” along with such number of additional copies thereof as specified in the bidding documents, marking these additional copies as “COPY” clearly. In the event of any discrepancy between the original bid and its copies, the contents of the bid marked “ORIGINAL” shall prevail and be taken into account to the exclusion of all copies.
(v) The original and all additional copies of the bid shall be typed, with all pages signed by the bidder or a person duly authorized to sign on behalf of the bidder in token of acceptance of the terms and conditions of the bidding documents. This authorization shall consist of a written confirmation as specified in the bidding documents which shall be attached to the bid.
(vi) Any corrections in the bid such as interlineations, erasures, or overwriting shall be valid only if they are duly signed or initialled by the person signing the bid.
(vii) The same procedure shall be adopted for signing of Technical and Financial bids in case of two- part or two envelop bids.
(viii) In case of e-procurement, the bidders shall prepare bids in the formats provided in the bidding documents or, in absence of formats in the bidding documents, in the formats published on the e-procurement portal, which shall be signed digitally by way of digital signature certificates and uploaded therein. Scanned copies of stipulated bid documents shall be uploaded by the bidders along with their uploaded bids:
Provided that the procedure for e-procurement, as laid down by the State Government by notification, or as provided for in the State Public Procurement Portal or e-procurement portal, from time to time, shall be followed.
(3) Sealing, marking and submission of bids :-
(i) Bidders may submit their bids by post or by hand or drop them in the box earmarked for the purpose, provided that bidders shall submit their bids only electronically if so specified in the bidding documents. Bidders submitting bids electronically shall follow the electronic bid submission procedure as specified on the State Public Procurement Portal or e-procurement portal.
(ii) Bids submitted by post or by hand shall enclose the original and each copy of the bid in separate sealed envelopes, duly marked as “ORIGINAL”, and “COPY”. The envelopes containing the original and the copies shall then be 33 enclosed in one single sealed outer envelope.
(iii) The inner and outer envelopes shall bear the :-
(a) name and complete address along with mobile telephone number and email address of the bidder;
(b) complete postal address of the procuring entity;
(c) specific identification mark or code and any additional identification marks as specified in the bidding documents;
(d) a warning not to be opened before the time and date fixed for opening of bids as indicated in the bidding documents;
(e) if all envelopes are not sealed and marked as required, the procuring entity shall assume no responsibility about its consequences; and
(f) similar procedure for sealing, marking and submission of bids shall be adopted for Technical and Financial bids, if two envelop bids are invited.
(4) Period of validity of bids :-
(i) Bids submitted by the bidders shall have to remain valid during the period specified in the bidding documents. This period should normally not be more than One Hundred and Eighty days, but depending on the nature of the procurement, a longer validity period may be specified in the bidding documents by the procurement entity if required. A bid valid for a shorter period than that which has been called for in the bidding documents shall be rejected by the procuring entity as non-responsive.
(ii) Prior to the expiry of the period of validity of bids, the procuring entity, in exceptional circumstances, may request the bidders to extend the bid validity period for a specified additional period of time. A bidder, by option, may refuse the request and such refusal shall be treated as withdrawal of bid but in such cases the bid security shall not be forfeited.
(iii) Bidders who agree to the extension of the period of validity of bids so requested for by the procurement entity shall also extend the period of validity of bid securities submitted by them or submit new bid securities to cover the extended period of validity of their bids. A bidder whose bid security is not extended or new bid securities not submitted shall be considered to have refused the request to extend the period of validity of its bid and rejected accordingly.
(5) Time deadline for the submission of bids :- 34
(i) The date of submission and opening of bids shall be specified in the bidding documents which shall not be extended except when:-
(a) sufficient number of bids have not been received within the given time and the procuring entity is of the opinion that further bids are likely to be submitted if time is extended; or
(b) the bidding documents are required to be substantially modified as a result of discussions in pre-bid conference or otherwise and the time for preparation of bids by the prospective bidders appears to be insufficient for which such extension is required.
(ii) In cases where the time and date of submission of bids is extended due to modification of bidding documents, the procuring entity shall :-
(a) ensure that, after issue of addendum or corrigendum, reasonable time remains available to the bidders for preparation and submission of their bids;
(b) publish such modifications as well as the extended date and time for submission of modified bids in the same manner in which the Notice Inviting Bids and initial bidding documents were published including publication in the State Public Procurement Portal;
(c) If the last date of submission or opening of bids is not a working day, the bids shall be received and opened on the next working day. In case of e-procurement, if the last date for submission and opening is a holiday the opening date shall be the next working day and time.
(6) Receipt and Custody of Bids:-
(i) Except when bids are received through e-procurement or directly dropped in the bid box, bids shall be received by hand, courier or post in the specified format up to the specified time and date and at the specified place by the officer duly authorised by the procuring entity in this respect.
(ii) The officer so authorized to receive the bids shall forthwith, at the time of receiving a bid, provide a signed receipt indicating therein the date and time of the receipt of bid to the person who delivers the bid.
(iii) All bids received unsealed or in torn or damaged condition through post or by hand delivery shall be so marked and signed on the cover by the officer receiving the same and, after obtaining the signature of the person delivering the bid, put it in a fresh cover and reseal, if so warranted. All 35 such entries shall be attested by the receiving officer.
(iv) Preferably, all bids received shall be put into a duly locked bid box placed for receiving the bids. In the absence of a bid box, the bids received shall be kept in safe custody under lock and key by the officer authorised to receive the bids.
(v) The location of the bid box shall be such that it facilitates easy access to bidders. The bid box shall have two sealed locks. The key of one of the locks shall remain with the procuring entity and the key of the other lock shall remain with the officer authorised to receive the bids.
(vi) All bids received by the officer authorised to receive bids on or before the date and time fixed for receipt of bids shall be entered in the Bids Receipt Register which shall be closed at the scheduled time and date after noting the total number of bids received up to the last time and date for submission of bids in words as well as figures and duly signed by that officer.
(vii) The record of bids received late through post shall be marked as “Late” noting the time thereon and entered in the bids receipt register as such by such authorised officer after the closing of the register.
(viii) In case of e-tendering, i.e. bid proposals submitted through electronic methods, the same shall be submitted in accordance with the procedure outlined on the State Public Procurement Portal or e-procurement portal.
(7) Late bids :- The officer authorised to receive the bids shall not receive any bid that is submitted personally by hand after the time and date fixed for submission of bids under any circumstances. Any bid which arrives by post after the deadline for submission of bids shall be declared and marked as “Late” and returned unopened to the bidder if the bidder so requests. In case of e-procurement, the system shall not allow any bids to be uploaded after the deadline for submission of bids.
(8) Withdrawal, substitution and modification of bids :-
(i) A bidder may withdraw, substitute, or modify its bid after it has been submitted by sending a written notice, duly signed by the bidder or his representative authorised in writing. The corresponding substitution or modification of the bid contained in sealed envelopes as required must accompany the written notice. Such written notice shall be :-
(a) submitted in accordance with the bidding documents with the envelope clearly marked as “Withdrawal,” “Substitution,” or “Modification” as applicable; and 36
(b) received by the officer authorised to receive the bids or directly dropped in the bid box prior to the last time and date fixed for receiving of bids.
(ii) Bids requested to be withdrawn shall be returned unopened to the bidders.
(iii) No bid shall be withdrawn, substituted, or modified after the time and date fixed for receipt of bids.
(iv) The provisions of this rule shall not apply in cases of e-procurement where bidders may withdraw, substitute or modify their bid online as per the norms applicable for the e-procurement portal.
(9) Opening of bids:- The sealed bid box shall be opened by the Bid Opening Committee constituted by the procuring entity at the time, date and place specified in the bidding documents in the presence of the bidders or their authorised representatives who choose to be present,enabling them to watch the proceedings :-
(i) The Bid Opening Committee may co-opt official persons in the Committee to conduct the process of bid opening.
(ii) If electronic bidding is adopted, specific electronic bid opening procedure as specified on the State Public Procurement Portal shall be followed. The bidders shall be enabled to witness the electronic bid opening and status of the bid evaluation online.
(iii) Each bid received shall be opened by the Bid Opening Committee in the presence of the bidders or their authorised representatives who choose to be present. All envelopes containing bids shall be signed, indicating date and time, by the members of the Committee in token of verification of the fact that they are sealed. The envelopes shall be numbered as ‘a/n’, where ‘a’ denotes the serial number at which the bid envelop has been taken for opening and ‘n’ denotes the total number of bids received by the specified time.
(iv) The Bid Opening Committee shall prepare a list of bidders or their representatives attending the opening of bids and obtain their signatures on the same. The list shall also contain, inter alia, the name, e-mail and mobile telephone number of the representatives and the corresponding names and addresses of the bidders they represent. The authority letters brought by the representatives shall be attached to the list. The list shall be signed by all members of Bid Opening Committee indicating the date and time of opening of the bids.
(v) First, envelopes marked “WITHDRAWAL” shall be opened, read out, and 37 recorded and the envelope containing the corresponding bid shall not be opened, but returned to the concerned bidders. No bid shall be permitted to be withdrawn unless the corresponding withdrawal notice contains a valid authorisation to request the withdrawal which shall also be read out and recorded. If the withdrawal notice is not accompanied by the valid authorisation, the withdrawal shall not be permitted and the corresponding bid shall be opened.
(vi) Next, envelopes marked as “SUBSTITUTION” shall be opened, read out, recorded and exchanged for the corresponding bid being substituted and the substituted bid shall not be opened, but returned to the bidder. No bid shall be substituted unless the corresponding substitution notice contains a valid authorisation to request the substitution which shall also be read out and recorded. Thereafter, envelopes marked as “MODIFICATION” shall be opened, read out and recorded with the corresponding bid. No bid shall be modified unless the corresponding modification notice contains a valid authorisation to request the modification which shall be read out and recorded.
(vii) All other envelopes shall be opened one at a time and the following details shall be read out and recorded :-
(a) the name of the bidder and whether there is a substitution or modification;
(b) the bid prices (per lot if applicable);
(c) the bid security deposited; and
(d) any other details as the Committee may consider appropriate.
(viii) After all the bids have been opened, these shall be initialled and dated on the first page of each bid by the members of the Bid Opening Committee.
All the pages of the price schedule and letters, Bill of Quantities, etc.
attached shall be initialled and dated by the members of the Committee. Key information such as prices, delivery period, etc. shall be encircled and unfilled spaces in the bids shall be marked and signed with date by the members of the Committee. The original and additional copies of the bid shall be marked accordingly. Alterations, corrections, additions, overwriting shall be initialled legibly to make it clear that such alterations, corrections, additions, overwriting existed in the bid at the time of opening.
(ix) No bid shall be rejected at the time of bid opening except the late bids, alternative bids, if not permitted, and bids not accompanied with the proof of payment or instrument of the required price of bidding documents, 38 processing fee or user charges, and bid security.
(x) The Bid Opening Committee shall prepare a record of the proceedings of the bid opening that shall, inter alia, include the name of the bidders and whether there is a withdrawal, substitution, or modification, the bid price, per lot, if applicable, any discounts and alternative offers if they were permitted, any conditions put by bidder and the proof of the payment of price of bidding documents, processing fee or user charges and bid security.
The bidders or their representatives, who are present, shall sign the record.
The omission of a bidder’s signature on the record shall not invalidate the contents and effect of the record. The members of the Committee shall also sign the record noting the date.
(xi) In case of two envelop bids, only the outer envelopes and envelopes marked as “Technical Bid” shall be opened in the sequence of the serial numbers marked on them. The envelopes marked as “Financial Bid” shall be kept intact and safe. After the completion of the technical evaluation, the envelops marked “Financial Bid” of only those bidders who have qualified in the evaluation of their Technical Bids shall be opened in the manner prescribed in these rules on the date and time that is intimated to those bidders.
(xii) In case of two stage bids, the proposals received in response to invitation of ‘Expression of Interest’ or ‘Request for Qualification’ in the first stage shall be opened as per the procedure prescribed hereinabove in clause (i) to (x) of this sub-rule for opening of single envelop bids. The second-stage bids shall be opened as per the procedure prescribed for opening of two envelop bids, specified in clause (xi). In cases where the Technical and Financial bids are invited in single envelop in second stage, the procedure for opening of these bids shall be as prescribed hereinabove in clauses (i) to (xi) of this sub- rule.
(10) Preliminary examination of bids :- The Bid Evaluation Committee constituted by the procuring entity shall conduct a preliminary scrutiny of the opened bids at the beginning to assess the prima-facie responsiveness and record its findings thereof particularly in respect of the following:-
(a) that the bid is signed, as per the requirements listed in the bidding documents;
(b) that the bid has been sealed as per instructions in the bidding documents;
(c) that the bid is valid for the period, specified in the bidding documents;
(d) that the bid is accompanied by due bid security;
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(e) that the bid is unconditional and that the bidder has agreed to give the required performance security; and
(f) whether any other conditions specified in the bidding documents are fulfilled.
(11) Tabulation of Technical bids :-
(i) If Technical bids have been invited, these shall be tabulated by the Bid Evaluation Committee in the form of a comparative statement to evaluate the qualifications of the bidders against the criteria for qualification set out in the bidding documents. The comparative statement so prepared shall be signed by all members of the Committee. The table shall include the following:-
(a) Name and address of the bidder including e-mail address;
(b) Reference of registration and empanelment, if any, with the procuring entity or other procuring entities;
(c) Whether there is any substitution or modification of the original bid;
(d) Whether the bidder fulfils the eligibility criteria given in the bidding documents;
(e) Whether the bid has been signed by the bidder or an authorised person and, if signed by authorised person, whether valid document of authority is enclosed;
(f) Whether proof of payment of price of bid documents is given;
(g) Whether proof of payment of processing fee or user charges, if any, bid security or bid securing declaration are given;
(h) Responses to the required qualification criteria and allotment of marks for them, or whether the minimum standards fixed for each criterion in the bidding documents are met in respect of the following:-
(i) availability of financial resources;
(ii) past performance and experience;
(iii) technical and professional competence including requirement of technical, professional, specialist personnel and availability of required machinery and equipment;
(iv) managerial resources and competence;
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(v) whether proof or declaration has been given as required under section 7of the Act;
(vi) whether any other qualification criteria, fixed in terms of the provisions of section 7 of the Act, are met.
(ii) The Result of evaluation of Technical bids, that is, whether qualified or not and, if not, the reasons thereof.
(iii) The members of the Bid Evaluation Committee shall record their recommendations below the comparative statement table as to which of the bidders have been found to be qualified in evaluation of Technical bids and sign it indicating date.
(iv) The format of the table given in clause (i) above, shall also be used, mutatis mutandis, for evaluation of proposals received in response to Registration of bidders, Empanelment of bidders, Request for Qualifications, Expression of Interest in the first stage of Two-stage bidding process. This format shall also be used, mutatis mutandis, for evaluation of Technical Bids in the second stage of the Two Stage bidding, if Technical bids have been invited separately.
(12) Tabulation of Financ