GFR-2017: Two Stage Bidding
Two Stage Bidding
Rule 163 Two bid system
(simultaneous receipt of separate technical and financial bids):
For purchasing high value plant, machinery etc. of a
complex and technical nature, bids may be obtained in two parts asunder:
(i)
Technical bid consisting of all technical
details along with commercial terms and conditions; and
(ii)
Financial bid indicating item-wise price
for the items mentioned in the technical bid. The technical bid and the
financial bid should be sealed by the bidder in separate covers duly
super-scribed and both these sealed covers are to be put in a bigger cover
which should also be sealed and duly super-scribed.
The
technical bids are to be opened by the purchasing Ministry or Department at the
first instance and evaluated by a competent committee or authority. At the
second stage financial bids of only these technically acceptable offers should
be opened after intimating them the date and time of opening the financial bid
for further evaluation and ranking before awarding the contract.
Rule 164 Two-Stage Bidding
(Obtain bids in two stages with receipt of financial bids after receipt and
evaluation of technical bids)
(i)
Ministry/Department may procure the
subject matter of procurement by the method of two-stage bidding, if
(a) it is not feasible to formulate
detailed specifications or identify specific characteristics for the subject
matter of procurement, without receiving inputs regarding its technical aspects
from bidders; or
(b) the character of the subject matter of
procurement is subject to rapid technological advances or market fluctuations
or both; or
(c) Ministry/Department seeks to enter
into a contract for the purpose of research, experiment, study or development,
except where the contract includes the production of items in quantities
sufficient to establish their commercial viability or to recover research and
development costs; or
(d) The bidder is expected to carry out a
detailed survey or investigation and undertake a comprehensive assessment of
risks, costs and obligations associated with the particular procurement.
(ii)
The procedure for two stage bidding shall
include the following, namely:—
(a) in the first stage of the bidding
process, the Ministry/Department shall invite bids through advertised tender
containing the technical aspects and contractual terms and conditions of the
proposed procurement without a bid price;
(b) all first stage bids, which are
otherwise eligible, shall be evaluated through an appropriate committee
constituted by the Ministry/ Department;
(c) the committee may hold discussions
with the bidders and if any such discussion is held, equal opportunity shall be
given to all bidders to participate in the discussions;
(d) in revising the relevant terms and
conditions of the procurement, the procuring entity shall not modify the
fundamental nature of the procurement itself, but may add, amend or omit any specification
of the subject matter of procurement or criterion for evaluation;
(e) in the second stage of the bidding
process, the procuring entity shall invite bids from all those bidders whose
bids at the first stage were not rejected, to present final bid with bid prices
in response to a revised set of terms and conditions of the procurement;
(f) any bidder, invited to bid but not in a position
to supply the subject matter of procurement due to modification in the
specifications or terms and conditions, may withdraw from the bidding
proceedings without forfeiting any bid security that he may have been required
to provide or being penalised in any way, by declaring his intention to
withdraw from the procurement proceedings with adequate justification.