Tenders
amit kumar singh
(Querist) 30 April 2015
This query is : Resolved
my company had asked tender for Security Services. Around eight to ten firms/agencies had applied for the tender, after opening of technical bid five firms were eligible for the financial bids, now a situation has arrived when three agencies have quoted that same service charge i.e. agency profit charge. how should I decide whom to award contract, when I have only mentioned that contract will be awarded to the firm quoted lowest service tax. This is a open tender published in newspaper and no other condition was mentioned in that.
Kindly suggest
Guest
(Expert) 30 April 2015
First of all, you have not mentioned, whether your company is a PSU or a private company?
Secondly, question arises, are you the competent authority to accept/ approve the tender and award of the work to any bidder?
Thirdly, if competent, refer the procurement policy of your company to find the solution as per the policy?
Fourthly, if not competent to approve the tender, let the competent authority take a decision on advice of the company secretary or the IFA of your company. In that case, you need not bother your head, except making mention of all the three lowest bidders in the note sheet to be submitted to your higher authorities for taking appropriate decision.
amit kumar singh
(Querist) 30 April 2015
sir my company is a central autonomous body and i am the competent authority for award of the contract , there is no procurement policy of my company in this regard.
Please clarify the position of CVC guidelines in this type of situation. Please clarify if i can add other conditions for evaluation of the firms , so as to arrive at L1 bidding criteria.
Guest
(Expert) 30 April 2015
Dear Amit Kumar Singh,
Where no procurement policy is prescribed by the CPSE, it has to follow the policy of its parent department under the control of which it is placed or to follow the process prescribed in the GFRs.
You cannot add any post-tender fresh condition to add, alter or modify the existing tender conditions.
But please state, whether you have consulted the IFA or the Company Secretary of the PSU or not, if consulted, what is the outcome and if not, any reason for not doing so?
To be frank, I am yet to be convinced, if this is the real case of tendering and evaluation of a CPSE. However, if it is a real case, you may better take a regular consultancy by sending complete details of the case through email, provided your office is ready to pay my consultancy fee in the case, as every bit of detail would be required to be examined in such cases to avoid any financial, procedural or legal irregularity. So, if agreed, you may send details to enable me to provide you the estimate of fee on examination of details, which you can send at: dcgroup1962@gmail.com
Rajendra K Goyal
(Expert) 30 April 2015
You should refer the matter to your legal department for opinion.
Get the proper approval from the higher official based on the legal department opinion and proceed accordingly.
T. Kalaiselvan, Advocate 
(Expert) 05 May 2015
Thus it involves a vital issue of the company in which your arbitrary decision may land you in trouble. It is better to engage a consultancy service with an expert consultant for deciding such issues without ambiguity. Alternately, you can avail the services of expert Mr. Dhingra, who has rich knowledge in the subject field.
