Procedure for call of Tenders:
Tender notice or Notice Inviting Tender (NIT) will be approved by the officers for the works for which they are competent to accord technical sanction. The Tender document will be prepared by the concerned officers bringing greater transparency indicating the provisions made in the estimates for items which are reimbursable to the contractor with conditions therefore.
Tender invitation & finalization:
For works up to Rs. 50.00 lakh the tender notice shall be published in District Edition of at least one vernacular news paper with wide circulation. For the works costing more than Rs. 50.00 lakh, the tender notice shall be published in at least two news papers having wide circulation at the state level. The Tender schedule should contain not only quantities but also the rates worked out by the department and the amount for each item and the total value of the contract. The Tenderer should indicate his willingness to do the work, either at the estimated value of the work or at a percentage less than the estimated value of the work. Authority should always be reserved to reject any or all the tenders so received without the assignment of a reason and this should be expressly stated in the advertisement.
Publicity to the tenders:
(a) Copies of tender notices may be sent to all the divisions in that as well as neighboring circles for being exhibited promptly on their notice board.
(b) Copies of Tender Notice may be sent to all the registered contractors of the above mentioned divisions/circle.
(c) Copies of tender notice and paper cutting should be recorded with tender documents.
(d) The tender notices should be sent only to the particular class of registered contractors as specified in the Tender Notice depending upon the value of the work.
Prevention of collusion of Contractors:
Tender schedules shall be issued till a date prior to the last date of submission of tenders. Once a contractor buys a tender schedule, he is not permitted to return the schedule without quoting for the work. After buying a tender schedule if a contractor does not tender for the work, his E.M.D shall be forfeited.
Receipt of Tenders:
The Tenders shall be received at the place and time as specified in the Tender notice. The contractor can submit the tender either personally/through his agent or by post. In case of submission of tender documents by post the delay in receipt of tender is to the account of the tenderer only. Any tender received after the expiry of date and time for its receipt will not be considered by the tender opening authority. Tenders will be finalized by the respective officers for the works costing upto their powers to accord technical sanctions. The time allowed for submission of tenders from the date of publication of tender notice to the date of receipt of tenders is 14 days for the first call and 7 days for the second call. A Format of the Tender notice, format of tender and notice to tenderer whose tender is under consideration, articles of Agreement are given in Annexure both for lump sum and piece work contracts.
Cost of Tender schedules:
The cost of tender schedules should be fixed depending upon the number of pages, nature of print and cost of paper etc., and expenditure incurred. The sale proceeds of tender schedule should be appropriately accounted as revenue. The Cost of tender schedules is not refundable.
For all works the ceiling of Tender premium is 5 %.( as instructed by the Government in G.O.Ms.No.133, Irrigation & CAD (PE. Reforms) Dept. dt. 20.11.2004). Even after repeated calls (as specified above), if the tender premium is more than 5%, and if it is decided not to accept such tenders the work can be awarded on nomination at the estimated value to a contractor selected from the list of contractors maintained by the department.
Tender up to 15% less than the estimate rate can be accepted. In such cases, the tenderers should be asked to produce a bank guarantee for the amount equivalent to the less % quoted as compared to the estimate value of the work put to tender.
Comparison of tenders:
In most of the cases, the tenders are called for based on sanctioned estimates. But after receiving the tenders, the rates in the sanctioned estimates should not be stated to be unworkable and the tenders compared with modified higher rates based on some data on the plea that the modified higher rates are workable ones. Tenders are invariably to be compared and accepted with reference to the rates in the sanctioned estimates only. If the rates in the sanctioned estimate are found unworkable with reference to the current S.S.R./F.S.R. due to the lapse of time or wrong data etc, the proper course would be either to submit revised estimate adopting current schedule of rates before the tender call is made for approval of the competent authority or to submit the tender along with the data to competent authority justifying higher rates. The powers of accepting tenders up to the permissible limits above the rates in the sanctioned estimates should be used cautiously and only after making sure that the acceptance of such tender is unavoidable.
Acceptance of Tenders:
No tender should be accepted from any person directly or indirectly connected with Government Service. The Officer opening the tenders should invariably date and initial all the pages of tender document irrespective of whether they contain any correction, over-writing etc., If there are corrections in the tender unattested by the tenderer, a note of such correction should be made on the tender itself when it is opened. The officer opening the tenders should keep a personal note of the total number of tenders opened by him and verify therewith the number in the comparative statement of tenders. Other things being equal, normally the lowest tender should be accepted. In selecting the tender the financial status of the tenderer, his capability, the security offered by him or the record of his execution of any works previously should be taken into consideration. In cases where a tender other than the lowest is accepted, a confidential record should be kept of the reasons for doing so, relative merits of various bidders concerned should be discussed and cogent reasons to be given for rejection of the lowest tender. This confidential record should be produced to audit if required by audit.
The acceptance of the tender other than the lowest should be reported to the next higher authority with due justification. The next higher authority shall scrutinize the report carefully and call for more details if necessary. The acceptance or rejection of tenders is however left entirely to the discretion of the officer to whom the duty is entrusted and no tenderer can demand the cause of rejection. Authority should always be reserved to reject any or all of the tenders so received without the assignment of a reason and this should be expressly stated in the advertisement. In the event of two lowest tenders being of same denomination, decision shall be taken by taking lots in the presence of the concerned parties or their nominees.