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					        TENDER EVALUATION, RECEIPT AND FORMATION OF CONTRACT
                         V P Gupta, Chief Engineer (Electrical), BSNL New Delhi
    E-mail : ceedelhi@hotmail.com, vpgupta@bsnl.in Web Site : www.electricalzone-bsnldelhi.com
                                    (An ISO 9001:2000 Unit)

                                                     tenders are called on PWD 8 i.e. on item rate
1.0 OBJECTIVE                                        basis.
                                                     (v)Drawings.
The tender evaluation is a very important and        (vi)Specifications.
critical exercise. The objective of this exercise    (vii) Special conditions of contract –
is to ensure that the tenders are received in        Applicable for F.D/LIFT/A.C./EA/SUB STN.
proper form, they are scrutinized, evaluated,        Works. These specifies the details regarding:
negotiated and decided by the competent                      (a) IS Codes.
authority in accordance with manual                          (b) Drawings to be submitted by the
provisions, govt. instructions and delegated                      contractor for approval.
financial power prescribed by the department                 (c) Co-ordination at site.
from time to time.                                           (d) Testing at factory and at site.
                                                             (e) Operation.
2.0 CALL OF TENDERS                                          (f) Rejection of defective materials.
                                                             (g) Compensation for delay
The following steps are necessary before                     (h) Guarantee and defect liability.
tenders are called for.                                      (i) Maintenance.
                                                             (j) Training of DoT/BSNL personals.
2.1 DETAILED ESTIMATE:                                       (k) Security deposit.
The detailed estimate should contain the                     (l) Bye-laws, Indemnity against
following items:                                                 liabilities
(a) AA & ES
(b) Technical sanction.                              (viii) Important note for the contractor-
(c) Reference to schedule of                         This item is again required mainly for works
    rate/market rate.                                other than E.I. And Fans and gives details
(d) Detail estimate item with Quantity,Rate          regarding following items.
    and Amount.                                              (a) Taxes and duties.
                                                             (b) Works/Contract taxes/Sales tax
2.2 APPROVED TENDER DOCUMENTS –                                  concession as applicable.
NIT                                                          (c) OCTROI certificates/Entry Tax.
This is required for all tenders for more than               (d) Splitting of quantity.
rupees Five Thousand. The approved NIT                       (e) Excise duty.
should have following items.                                 (f) Earnest Money Deposit- Option for
(i) PWD 6 and press note – all items duly                        bank guarantee.
filled up with estimate costs, EMD, time for                 (g) Terms of payments.
completion etc. etc.                                 (ix) Issue of Departmental material.
(ii) Eligibility condition: It should be as per
         (a) Financial norms.
         (b) Physical norms                          2.3 TECHNICAL/FINANCIAL BID:
                                                     For major technical works, it may be
* For EI & Fans the above norms are not              advisable to call the tender in two stages.
applicable and the eligibility condition is as       The first stage involving only the technical
per class of registration.                           bid and after scrutiny of technical bids the
                                                     firms are asked to comply with the technical
                                                     deviations if any and quote in the 2nd stage
(iii)PWD 7/8 – All clauses duly filled up.           as financial bid.
(iv)Schedule of works - Indicating quantity          2.4 PUBLICITY:
only, rates not to be given in the NIT if the
                                                     The time limit from the date of publication of
                                                     the tender notice in the news papers/website
to the date of opening of the tenders is as      January,2003 there shall be no requirement
given below:                                     of furnishing ITCC by any person while filing
        (a) For less than 10 lacs – 10 Days      a tender for the purpose of obtaining
        (b) For 10 to 50 lacs – 15 days          commercial contracts etc.
        (c) For more than 50 lacs 21                     In view of the above govt. decision a
            days                                 copy of duly acknowledged Income Tax
        For improving e-governance and           return can be taken so as to ascertain the
bringing greater transparency in                 financial capability/eligibility of the tenderer.
administration, the CVC has decided that “if a
govt. organization which goes for                4.0 OPENING/RECEIPT OF
procurement, has a website and publishes the     TENDER (SECTION 20):
tender documents and other details in the        The tenders are required to be opened by
website, it will be deemed to have complied      AE/EE as the case may be. In rare cases in
with the requirements for giving wide            the absence of EE the tenders may be
publicity through the media .”                   opened by any other gazetted officer
        In view of the above developments, it    authorized by the EE CPWD Manual Vol. II
has been decided by the BSNL that there will     prescribes the detailed precautions to be
not be any Publication of Tender                 taken at the time of opening of tenders. The
Notices/Quotation Notices/Auction Notices        following are the few important points to be
etc. etc. in the newspapers. The same shall      kept in mind while opening the tender:
be published only on the website. For e.g. in            (a) Dated initial on firm corrections,
Electrical zone New Delhi – on its website                    additions, over-writing and tender
www.electricalzone-bsnldelhi.com.                             schedule.
                                                         (b) Record whether the tenders
2.5 SALE PRICE:                                               contained any corrections or
Sale price with free copy of the agreement to                 overwriting on all pages of
the lowest contractor is as below:                             schedule.
        (a) Upto 1 lacs          Rs. 150/-               (c) Numbering in red ink of all
        (b) 1 to 10 lacs         Rs. 500/-                    corrections and additions.
        (c) Above10 lacs         Rs. 1000/-              (d) Rates in both figures and words
*In addition to the above a sales tax as                      should be given. If not given by
applicable will also be charged.                             the tenderer then the same should
* Additional charge can be levied for the                    be recorded at the time of opening
special job.                                                 by the EE/AE. Three way two
                                                             agreed method should be applied
3.0 ISSUE OF TENDERS:                                        to correct the rates.
The Executive Engineer/Asstt. Engineer are               (e)Tenders should be opened in the
responsible ensure that the tender documents                  presence of contractors and AO of
are ready as per the NIT and issued to all the                the division should be witness of
eligible applicants. The tender documents at                  the tender opening process.
the time of issue should contain the following          (f) A comparative statement with
details.                                                     certificate of AO to be sent to
    (i) Name of firm.                                        accepting authority for further
    (ii) Date of application.                                scrutiny. Certificate of Test Check.
    (iii) Date of receipt of application in              (g) When there is difference of the
          Division office.                                   rate in words and in figure then the
    (iv) Date of issue                                       rates which correspond to the
    (v) Date of receipt of tender.                          amount worked by contractor should
                                                             be taken.
3.1 Changes regarding ITCC(Income Tax                    (h) When amount worked out does
Clearance Certificate)                                        not tally or is not given,the rates
As per the Department of Revenue, Central                     given in words to be taken.
Board of Direct Taxes guidelines, the scheme             (i) When the rates of figure and
of obtaining ITCC applicable to persons                       words tally but the total amount
leaving India and those obtaining commercial                  does not tally,the total amount
contracts has been abolished and w.e.f. 1st                   should be corrected.
        (j) Top priority for scrutiny and           7.0 TENDER PURCHASE
            disposal of tender as per the time      COMMITTEE FOR
            schedule.
                                                    A/C/EA/LIFT/SUB STN. WORKS
                                                    After the scrutiny of the tenders the same are
5.0 FORWARDING OF TENDERS                           submitted to the accepting authority for the
AFTER OPENING                                       nomination of Tender Purchase
       The tenders are evaluated in the o/o         Committee(TPC) depending upon the value
AE,EE,SE & CE as the case may be.For A/C            of the tender.The TPC have been prescribed
the major scrutiny is normally done in the o/o      as detailed below:
CE directly.However,the EE while forwarding
the tenders should ensure filling up of all the      Sl.     Value of the   Accepting     TPC Member
items as per the Performa prescribed for this        No.       Tender       Authority
purpose .The comparative statement                   1.    More than 2      Member(Prod   Sr. DDG(E),CE(E) &
alongwith AO’s certificate is also required to             Crores           uction)       GM(F) of telecom
be sent by the XEN.                                                                       circle


6.0 TENDER SCRUTINY:                                 2.    1 to 2 crores    Sr. DDG(E)    EE(E)/SSW/SE(E)/D
                                                                                          ir(F) of telecom
        While scrutinizing the                                                            circle.
tenders,following points should be kept in
mind:                                                3.    40 Lacs to 1     CE(E)         SE/SSW/SW/IFA of
                                                           Crore                          CAO level
 (i)Late,delay and modified tenders to be
ignored.                                             4.    5 to 40 Lacs     SE(E)         SW/EA/AO
(ii) Correction of total on the basis of three
                                                     5.    Upto 5 Lacs      EE(E)         AE/SW/AO
way two agreed method.
(iii) No correspondence with the firms without
the approval of the accepting          authority.           The above TPCs are not required for
 (iv) Technical evaluation of the tender should     EI & Fans,Fire Detection,Pumps and
be done as per the Performa prescribed for          compound light works and as such the
this purpose, listing all the deviations,whether    scrutiny of the tender the same are
these deviations can be accepted and                submitted to the accepting authority for the
financial implications in case deviation can be     final decision.
accepted.
(v) Commercial scrutiny of the tender should        8.0    NEGOTIATIONS:
be done as per the Performa prescribed for
this purpose listing the deviation, whether         Normally negotiations should not be
these deviations can be        accepted and         done.However,detailed procedure for
financial implications in case deviation can be     negotiation and the limit prescribed are given
accepted.                                           in CPWD Manual Vol. II and extract plaed at
 (vi) The final status of the tender is as per      Anneure- V. It should be noted that the
the Performa prescribed for this purpose and        negotiation,if required should be conducted
the lowest tender is decided after                  only with the lowest evaluated tenderer.In
loading/unloading.                                  case of rate contract work where the
(vii) Reasonability of rates/justification – this   quantities are required to be distributed then
is the most important aspect for taking             also the negotiation should be conducted first
decision for tender and detailed procedure is       with the lowest tenderer and there after with
given in the CPWD manual Volume II.                 other than the lowest to bring down the rates
(viii) The AHR/ALR rates I.e. variation by          decided by the department in respect of the
more than 25% should be identified while            first lowest.
scrutinizing the tenders.
(ix) Firms banned by the Performance review
committee should be listed clearly.
    9.0     DECISION                                    11.0 COMMON IRREGULARITIES:
    After scrutiny and negotiations (if required)
    the accepting authority has to take the final       All the points listed so far are very important
    decision regarding acceptance or rejection of       and have to be followed very carefully.there
    the tender the time limit for disposal of           have been many cases of Audit
    tender as prescribed in the PWD Manual Vol.         paras,Vigilance cases etc. on account of
    II Appendix-28 is as below.                         irregularities committed while evaluating
                                                        tenders.The following are some of the
              Time Limit For Acceptance                 common irregularities pointed out in the past.
                                                 BOAR         (i)      Qualified acceptance.
             AE        EE       SE       CE
                                                  D            (ii)        Un-realistic conditions.
                                                        (iii)      Issue of tenderer to ineligible forms.
AE          7 days                                      (iv)       Publicity not as per the Manual
Power                                                   provision and guidelines issued in the recent
EE Power             7 days                             past .
                                                        (v)        Tender documents are silent on
Higher               10        7        10       10     certain specification or the general
Authority            days      days     days     days   specification of the tender document do not
                                                        match with the schedule of item e.g. the
                                                        gauge of sheet/pipes,
                                                                   supports,frame,split case/centrifugal
    Disposal by EE after acceptance by 3 days.          pumps,density of insulation, compartmentally
                                                        of         switches in the electrical panels etc.
                                                        etc..
    10.0 FORMATION OF CONTRACT:                         (vi)       Estimates are not properly made with
                                                        reference to the market or schedule rates..
    Section-15 of CPWD Manual Vol. II prescribes        (vii)      Tempering with tender
    the guide lines for the formation of contract.      documents,correction,over writing etc. done
    Some of the important points are given as           after the opening of tenders.
    below:                                              (viii)The lowest tender ignored without
    (i)      Agreement in conformity of the law.        approval of the next higher authority.
    The contract has to be entered between              (viii)Negotiations conducted with the tendere
             two or more persons.                       other than the lowest.
     (ii)    There should be free consent of all the    (ix)       The NITs are not prepared as per the
    parties entering into the contract.                 guidelines of the DoT/BSNL.
    (iii)    There should be specific offer.
    (iv)     There should be specific acceptance.
    (v)      All negotiation,clarification should be
    confirmed as a part of the contract.
    (vi)Acceptance of the tender should be done
    by the competent author
    (vii)     All the forms should be available in
    the contract document i.e. CPWD-6, CPWD-7
    or CPWD-8.
    (viii)After the acceptance of the tender an
    agreement should be signed by the tenderer
    and AE/EE as the case may be a certified
    copy of the same to be issued to the
    tenderer and the AE(if awarded by EE).

				
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