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Showing posts with label Tender. Show all posts
Showing posts with label Tender. Show all posts

Irregularities in Tendering

 Irregularities in Tendering

Role of Central Vigilance Commission

Irregularities in Tendering
The managerial administration deals with the issues relating to the proper procurement of goods and services. The public sector organizations have strong governance mechanisms to deal with issues of corruption. Before the year 2000, every file of public sector organizations was considered a confidential secret document and at that time, it was very difficult to detect financial irregularities. 
The committee on the prevention of corruption recommended to set up Central Vigilance Commission (CVC) in 1964 and in 2003, the bill was passed in Parliament and ‘the Central Vigilance Commission Act’ is enacted. The CVC inquires and investigates cases of corruption. As per financial rules of the Government, the procurement of goods is required to be justified on three parameters directly related to prudent use of public money i.e. (i) Economy, (ii) Efficiency, (iii) Effectiveness. These three parameters are known as 3 Es for the authorities to look into, before taking the decision to use the public money.

Why use Tender in procurement?

The first and most important cause of using the tender system for procurement is ‘ensuring transparency and efficiency in procurement’. A tender provides equal and fair treatment to vendors and service providers. It promotes competition and the chances of getting goods at the lowest prices increased. The tender process is very difficult to be cracked by corrupt people. The tender in itself is designed particularly to ensure no room for corruption. There are a lot of guidelines issued by the Central Vigilance Commission to carry out procurement-related activities properly.  

Importance of tendering in public procurement 

Tendering is an important process in public procurement because it ensures transparency, competition, fairness, and value for money. Here are some reasons why tendering is important in public procurement:

Transparency: The tendering process is transparent, which means that it allows all interested parties to compete for public contracts fairly. This can help prevent corruption, favoritism, and other unethical practices that can occur when contracts are awarded without competition.

Competition: Tendering encourages competition among suppliers, which can lead to better prices, higher quality goods or services, and more innovative solutions. When suppliers compete, they are motivated to offer the best value for money, which benefits both the government and the public.

Fairness: The tendering process ensures that all suppliers have an equal opportunity to compete for public contracts. This helps to prevent discrimination and ensures that the contract is awarded to the most qualified supplier.

Value for money: Tendering helps to ensure that the government gets the best value for money. By inviting competitive bids, the government can compare prices, quality, and other factors to ensure that the contract is awarded to the supplier that offers the best value.

Accountability: The tendering process is accountable, which means that the government can be held responsible for its decisions. If a supplier is awarded a contract that is not in the public interest, the government can be held accountable for its decision.

In summary, tendering is an important process in public procurement because it promotes transparency, competition, fairness, value for money, and accountability. By using a tendering process, the government can ensure that public contracts are awarded to the most qualified and cost-effective supplier.




Lalit Kumar
e-Procurement 

e-Procurement is the process of conducting procurement activities electronically, typically through the use of internet-based technologies. It involves the use of digital platforms and tools to streamline and automate the procurement process, from the initial sourcing of suppliers through to the final payment of goods or services.

e-Procurement offers a number of benefits over traditional procurement methods. Some of these benefits include:

Increased efficiency: e-Procurement can streamline and automate many of the processes involved in procurement, such as supplier identification, request for proposal (RFP) issuance, and purchase order creation. This can save time and reduce administrative overheads, allowing procurement professionals to focus on more value-added activities.

Cost savings: By automating and streamlining procurement processes, e-Procurement can help reduce procurement costs. It can also help to drive down prices by increasing competition among suppliers.

Improved accuracy: e-Procurement can help reduce errors in the procurement process, such as manual data entry errors or miscommunications. By automating many of the procurement processes, e-Procurement can help ensure that data is accurate and up-to-date.

Better supplier management: e-Procurement can help procurement professionals to manage supplier relationships more effectively, by providing real-time visibility into supplier performance, and automating the process of supplier selection and evaluation.

Increased transparency: e-Procurement can help increase transparency in the procurement process, by providing real-time visibility into the status of procurement activities, including RFP issuance, supplier selection, and contract award.

e-Procurement can be used in a range of procurement activities, including sourcing, bidding, negotiation, contract management, and payment processing. Some common e-Procurement tools include e-sourcing platforms, e-tendering systems, e-auction platforms, and e-invoicing systems. These tools can be used by both private and public sector organizations to streamline and automate their procurement processes.

Precautions before proceeding to award Tender:

The tender process is required to be followed strictly in order and a single mistake can lead to financial irregularities. There are a lot of tenders in which the competent authorities face litigation from the suppliers’ side and sometimes auditors point out the irregularities. Before proceeding to award a tender, the procurement authorities should reflect the following upon file with a justification pointing out the true and fair position of the authorities:
(i)  Specifications in terms of quality and quantity should be justified.
(ii) Procurement of excess quantity of goods should always be avoided.
(iii) The tender procedure should be notified to the committee constituted to supervise and implement the tender system. The procedure should be fair and transparent, in other words, full-proof in awarding the tender to a good vendor.
(iv) Procurement of goods should only be done as per the actual requirements of the office.
(v) Provision should be made to keep proper records of procurement stages so that the procurement cannot be challenged as faulty.

Delhi Transport Bus Corporation Procurement:

Delhi Transport Corporation procured one thousand low-floor buses. Further, an Annual Maintenance Contract (AMC) was also done in the procurement of the buses. The basic principle for fair procurement is to create competition among the bidders so that the vendor or service provider with the least price can be provided the work order. The BJP demanded a CBI probe in this matter on the basis that tendering process is completed with monopoly pricing instead of competitive pricing. It is a must to use proper procedure and in the process of procurement of low floor buses and AMC, there were procedural lapses. Even if there is no scam in a particular case, it is a must to adopt a fair procedure.

Income Tax Department Raids Dainik Bhaskar

The concern is relating to tax evasion and the department of Income Tax raids usually. This time it is upon Newspaper Agencies such as Dainik Bhaskar.

In next article, it is studied how procurement is done in Government. 


Copyright © 2019 Dr. Lalit Kumar. All rights reserved.

Open and Award Tender

Open and Award Tender

In earlier article, we studied how procurement of goods and services is concerned with various types of tenders. In this article, we will go through the process of opening and awarding tender. 

Open and Award Tender

Open and Award Tender

In a standard tender, a process is adopted to carry out all functions i.e.

(i) Estimation of Tender’s Value including Quantity and Amount (ii) Expression of Interest (EoI) (iii) Request for Proposal (RFP) (iv) Request for Quotation (RFQ) (v) Pre-bid Conference (PBC) (vi) Notice Inviting Tender (NIT) (vii) Approval of the Tender (viii) Publicity of the Tender (ix) Earnest Money Deposit (EMD) (x) Bid Evaluation (xi) Tender Opening Committee (ToC) - Technical (x) Approval to technically qualified Tenders (xi) Tender Opening Committee (ToC) - Financial (xii) Approval to financially qualified Tenders (xiii) Tender Evaluation Committee (TEC) (xiv) Approval to technically and financially qualified Tenders (xv) Purchase Order (xvi) Award of Contract (xvii) Performance Security Deposit (xviii) Agreement (xix) Refund of EMD (xx) Notice or Publicity about award of Tender (xi) Monitoring of Contract (xii) Evaluation of Contract

Let’s firstly know about the standard bid document:

Tender Document:

In order to realize the bids in proper format, the procuring authorities prepare a standard bid document known as tender document. It is provided as ‘Detailed Notice Inviting Tender’ i.e. DNIT. It contains instructions to the bidder regarding filling the tender form, terms and conditions of the contract, requirements of the procuring authorities, detailed specifications on which basis the delivered products or services will be evaluated, the form of contact, and other standard forms. The tender document must clearly specify the evaluation criteria of bids.

Earnest Money Deposit:

The provision of safeguarding the procuring authorities from the bidders, not seriously interested in providing goods and services, is Earnest Money Deposit known as EMD. The bidder after submitting the technical and financial envelope; cannot withdrawal or alter the bid. In case, it is done, the EMD is forfeited. The organizations registered with Central Purchase Organization or National Small Industries Corporation are exempt to deposit the EMD. The amount of EMD is refunded back the the bidders after the completion of process of awarding tender. The unsuccessful bidders are refunded bank and the successful bidder’s amount of EMD is adjusted in his payments.

How much EMD should be asked to deposit?

The amount of EMD depends upon the estimated value of the tender. It is from 2% to 5% of the estimated tender value. In Haryana State, the Government fixed the maximum ceiling for EMD i.e. 2 Lacs. The EMD is deposited through Demand Draft or Bankers’ Cheque or Bankers’ Guarantee.

Performance Security:

In order to safeguard the interests of the procuring authority, the successful bidder is asked to deposit performance security. The Performance Security is the amount which can be forfeited in case the bidder is not providing goods and services as per the terms of the contract.

How much Performance Security’s amount can be?

The performance security is from 5% to 10% of the tender value on which the successful bidder agreed to provide goods or services as per the terms and conditions of the contact. The amount is realized through Demand Draft. The performance security is refunded back after the full completion of the term of the contract, usually after 60 days beyond the date of completion of all contractural obligations of the supplier including warranties.

Evaluating Bids:

The bids are evaluated on the basis of the criteria provided in the tender document. In accordance with the time required to be taken for evaluation, the date of award of tender is specified accordingly in the tender document. The process of tender evaluation is very confidential until the award of the tender and such information cannot be disclosed even under ‘Right to Information (RTI) Act’ till the tender is awarded successfully. Two types of committees are formulated i.e. Tender Opening Committee and Tender Evaluation Committee.

(i) Technical Bid Evaluation:

The tender document comprises terms and conditions to give technical and commercial bids for the tender. The technical bid usually comprises the check list to evaluate the status of bidders in various terms. First of all, the technical envelope is opened and the technical check list is evaluated with the technical terms provided in the tender document.
The bidders will either qualify or not qualifying at technical terms. Those who are dis-qulalified are reject at this stage of evaluation. This is First stage of evaluating bids and the price or amount is silent. Without knowing how much the vendor or bidders are demanding for supplying products or rendering services, they are evaluated on Technical terms and conditions. In initial examination, the following factors are examined:

(a) Whether the tender meets the eligibility criteria detailed in Tender Document or not?(b) Whether all crucial documents duly siged and attested by the bidder, have been attached or not?(c) Whether amount of Earnest Money Deposit have been furnished in the bid documents or not?(d) Whether the tender satisfies all conditions provided in the tender document or not?(e) Sample is tested if required as per terms of conditions of the Tender(f) The bidder’s capacity is evaluated as per the requirements of providing goods and services(g) The bidder’s turnover is verified as per the terms provided in tender document(h) The statutory documents are verified like PAN Number, Registration Number, GST Number etc.

(ii) Financial Bid Evaluation:

Once a bidder qualifies in the technical stage of evaluation, his financial or commercial envelope is opened in second stage of evaluation known as Financial Bid Evaluation. The bidders who disqualify in the first round of technical bid evaluation are not provided opportunity to be evaluated in second round; in other words, their commercial envelopes will not be opened. The Financial Bid Evaluation covers:

(a) Arriving at outcome price of the bid(b) Determining the Lowest-1, Lowest-2, Lowest-3 Vendors of the Tender(c) Determining the reasonability of the rates quoted by Lowest -1.(d) Recommending for the Negotation (if required)

Copyright © 2019 Dr. Lalit Kumar. All rights reserved. 

You might also be interested in the following:

Types of Tenders in Government

Tender and Central Vigilance Commission

e-Procurement, Purchase Matters and Inventory Management

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