TRANSPARENCY IN PUBLIC PROCUREMENTS SALE OF TENDER DOCUMENTS

TRANSPARENCY IN PUBLIC PROCUREMENTS SALE OF TENDER DOCUMENTS Sri. B. V. Srikanth, /Deputy Secretary (Finance)

Tenders are invited…. • To ensure transparency in procuring the goods/ service/ consultancy • To ensure competition for reasonable price

Restrictive practices in tenders • defeat the purpose of competitive tenders • Lead to inefficient procurement

Restrictive practices could be. . • By way of manipulation of specifications for the procurement • By way of hindering participation of tenderers • Sale of tender documents assumes importance in this context

Procedure for sale of tender documents • PWD Code contains provisions relating to the sale of tender documents - Para 176 states that the place and the time when the tender documents can be seen - Blank tender forms can be obtained by paying the amount if any is to be specified in the NIT

. . contd • Similar provisions exist under the KTPP Act • Rule 13 of the KTPP rules prescribes the procedure in this regard • Rule 17 prescribes the minimum time to be provided for the submission of tenders.

Supply of Tender Documents • The Tender documents should be made available from the date indicated in the Notice inviting the tender • The Tender documents should be made available to any person who is willing to remit the cost of the documents

. . contd. • The Tender Inviting Authority should ensure the minimum time prescribed under rule 17 of the KTPP Rules • Minimum time to be provided for submission of tenders should be 30 days for tenders of Rs. 2 cr. value and 60 days for tenders in excess of Rs. 2 cr. value

Prevalent Practice • Stipulate the last date for receipt of applications for Tender forms in the NIT • Fix the date for issue of tender forms • Fix dates for the receipt of submission of completed tender forms

. . contd • The above procedure is not correct • It is not in accordance with the provisions of KTPP Rules as the minimum time required for submission of tenders is not adhered to • It decides the competitors well ahead of the submission of tenders

…contd • This may restrict the competition • May give room for ring formation among the limited number of competitors • Lead to inefficient procurement

Further Instructions • Government has issued instructions vide Circular No. PWD 140 SO / FC 2003 dated 1. 09. 2003. • It is emphasized to arrange to sell the tender documents from the date of publication of NIT till the day previous to the day fixed for opening of tenders

Legal implications • The prescribed procedure if not followed may lead to legal complications • May vitiate the procurement

• Thank you