Guideline for setting Eligibility Criterion for Participating Bidder
Government of West Bengal
Chief Engineer Electrical
Public Works Directorate
Khadya Bhawan, A Block (3rd Floor), 11A, Mirza Galib Street, Kolkata – 700087
MEMO NO: 794/CEE/2018 DATED: 25.05.2018
To
The Superintending Engineer
Presidency Electrical Circle / Kolkata Electrical Circle / Health Electrical Circle / Southern Electrical Circle / Central Electrical Circle / South Western Electrical Circle / Western Electrical Circle / North Bengal Electrical Circle / Northern Electrical Circle / IT Circle, PWD
Sub: General Guideline for setting eligibility criterion for the participating bidder in accordance with the Govt. order.
Dear Sir,
In reference to the subject stated I would like to inform you that, the Public Works Department set the eligibility criteria for the intending bidders for participating the Tender for the works, value of which is below 5 Lacs vide order no – 410-A/PW/O/10C-9/14 dt. 01-12-2014.
Further, the Public Works Department also issued an order for determination of the eligibility criteria of the Intending bidder for participating the e-Tender for the works value of which is above 5 Lacs vide order no. 03-A/PW/O/10C-02/14 dt. 12-03-2015 and accordingly Rule 226 (1) of PWD Code, Volume – I was amended.
The chief objective of those orders was to encourage more participation in tendering thereby lowering rates in long run.
But it is being seen that some special eligibility criterion is being adopted in some tenders for determination of the eligibility of the bidders, which contradicts that very objective of the stated Govt. order.
A. SEEKING TENDER SPECIFIC MAF (Manufacturer Authorization Form)
a. For fixing such eligibility criterion a bidder has to pray to the Manufacturer/ OEM for getting certificate/permission before participating the Govt. Tender. Thus, if the bidder fails to obtain MAF from the Manufacturer / OEM, in spite of having eligibility as per the stated Govt. Order, he will not be eligible to participate in your Tender. It may impair the sanctity of e-Tendering.
b. It is evident that most of the Manufacturer / OEM gives certificate mainly with the statement – “We ……… LTD, reputed manufacturers of ……… , do hereby authorize ……… PVT. LTD to quote, sale and supply for the goods manufactured by us. ……… LTD will however extend its standard warranty support to you for the products supplied by them”.
c. That certificate has no material value. I am sorry to say that such action remind me the days when there was Off-Line tender System. During those days a bidder has to take prior permission of the Tender Inviting Authority for participating tender and now in the era of e-tendering system a bidder has to take permission from a Private Company before participating Govt. Tender, for such stipulation.
d. For this, numerous competent bidder may be deprived off getting such MAF for any manipulating practice of any Private Company and thus objectives of having larger participation may be impaired.
e. The fact is that every national and international company gives their standard warranty/ support to their product if those are procured from them directly or from their authorized sales channel. Even, warranty for extended period can be purchased.
f. So there is absolutely no need of getting MAF with the bid, which may contradict the very objective of the stated Govt. Order “to encourage more participation in tendering thereby lowering rates in long run”, as explained.
g. Please do not impose such eligibility criterion in the Tender / Quotation.
B. PAST EXPERIENCE CRITERIA
1. The stated Govt. order does not speak anything about year or nature of past experience of the eligible bidder. There is no such Govt. order which directs that a bidder must have 5 Years Experience. Please do not impose such if there is no such stipulation by the Govt Order.
C. PRIME AGENCY
a. Some of you use the term “Prime Agency”, the meaning of which could not be understood. As there is no mention of the word “Prime” in the stated Govt. Orders it should be written as Agency. According to the order [ 03-A/PW/O/10C-02/14 dt. 12-03-2015], the agency should have credential in working State / Central Govt. State / Central Govt. undertaking, Statutory/ autonomous Bodies constituted under the Central / State statute. So avoid the term “Prime” if you have not any order in the matter.
D. SEEKING SUPERVISOR’S CERTIFICATE OF COMPETENCY.
1. This will be as per this office No. 353/CEE/2018 Dt. 22-02-2018.
In the backdrop of the above I would like to direct as bellow.-
a. Please do not impose any restrictive eligibility criterion as stated above or other that may contradict the objectives and direction of the Govt Order.
b. Set the eligibility criterion as per directives of the stated order.
c. However at the end of BOQ, following terms and condition must be adopted –
- The Agency must procure the materials from the Manufacturer / OEM or from their authorized, sales channel so that the standard warranty / support of the Manufacturer / OEM becomes applicable to the products to be delivered and installed by them.
- Documents that authenticates such procurement from the Manufacturer / OEM or from their authorized sales channel and standard warranty / support should be sent from the e-mail of the Manufacturer / OEM / authorized sales channel to the e-mail of Engineer-in-Charge and hard copy of it to be submitted during execution of work/submission of bill.
- If any refurbished material is supplied and installed, penal action will be taken as per existing rules.
This must be followed by you and by your Executive Engineers and Assistant Engineers.
Sincerely Yours
Sd/- K. K. Chaudhury
Chief Engineer Electrical
PWD