Presentation on theme: "Sudhakar V. Joshi WEL-COME TO THE PRESENTATION BY SUDHAKAR V. JOSHI I.A.S. (RETD.) MANAGEMENT CONSULTANT."— Presentation transcript:
Sudhakar V. Joshi WEL-COME TO THE PRESENTATION BY SUDHAKAR V. JOSHI I.A.S. (RETD.) MANAGEMENT CONSULTANT
Sudhakar V. Joshi TENDER PROCEDURE FOR CONTRACTS
Sudhakar V. Joshi STORES WORKS SERVICES CONTRACTS
Sudhakar V. Joshi ARTICLE 14 CONSTITUTION OF INDIA Fundamental Rights The State shall not deny to any person equality before the Law or the equal protection of the laws within the territory of India
Sudhakar V. Joshi In this part, unless the context otherwise requires, “the state” includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India. ARTICLE 12 CONSTITUTION OF INDIA Fundamental Rights
Sudhakar V. Joshi Award of a Contract is a largess For grant of a contract every person has to be afforded equal opportunity to participate in the process.
Sudhakar V. Joshi PROCEDURE FOR STORE PURCHASE BY PUBLIC BODIES
Sudhakar V. Joshi All articles and materials purchased or otherwise acquired for the use of Government, including not only expendable and articles in use or accumulated for specific purposes, but also articles of dead stock of the nature of plant machinery, instruments, furnitures, equipment, fixtures, live-stock, etc… STORES
Sudhakar V. Joshi CONSTITUTION OF INDIA 1)All contracts made in the exercise of the executive power of the Union or of a State shall be expressed to be made by the President, or by the Governor of the State, as the case may be, and all such contracts and all assurance of property made in the exercise of that power, shall be executed on behalf of the President or the Governor by such persons and in such manner as he may Direct or authorise. Article 299 :
Sudhakar V. Joshi A)The contract must be executed by a person duly authorised by the President or the Governor as the case may be : b)The contract must be executed by such person “ on behalf of” the President or the Governor as the case may be : c)The contract must be “ expressed to be made by the President or the Governor as the case may be, i.e. for and on behalf of the President or the Governor” d)The contract must be executed in such manner as the President or the Governor may direct. The provisions are four fold :-
Sudhakar V. Joshi THESE FOUR RESTRICTIONS ARE MANDATORYAND NONE OF THE FOUR CONDITIONS CAN BE WAIVED.
Sudhakar V. Joshi Article 299 : 2)Neither the President nor the Governor shall be personally liable in respect of any contract or assurance made or executed for the purpose of this Constitution, or for the purposes of any enactment relating to the Government of India heretofore in force, nor shall any person making or executing any such contract or assurance on behalf of any of them be personally liable in respect thereof.
Sudhakar V. Joshi THE PERSONAL IMMUNITY OF OFFICERS OF GOVERNMENT CONTRACTS IS AVAILABLE ONLY IF THE CONTRACT DULY COMPLIES WITH THE FORMALITIES LAID DOWN IN CLAUSE (1) OF ARTICLE 299.
Sudhakar V. Joshi CONSTITUTION OF INDIA Article 77 Clause (1) : All executive action of the Government of India shall be expressed to be taken in the name of the President. Clause (3) : The President shall make rules for the more convenient transaction of the business of the Government of India ….
Sudhakar V. Joshi CONSTITUTION OF INDIA Article 166 Clause (3) : The Governor shall make rules for the more convenient transaction of the business of the Government of the State, ….
Sudhakar V. Joshi MAHARASHTRA CONTINGENT EXPENDITURE RULES 1965 RULE 94 TO 103 Prescribe maintenance of the Inventory of Dead- Stock. RULE 169 TO 186 Govern the Essential principles to be observed in making Store Purchases. FIANANCIAL PUBLICATION NO.V
Sudhakar V. Joshi Procedure prescribed by - Statute Rules Administrative Orders
Sudhakar V. Joshi Bombay Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 Section 93 Maharashtra Municipal Account Code, 1971 Rules 157 to 186 ….Works
Sudhakar V. Joshi Hyderabad Municipal Corporations Act, 1955 Section 124, 124A, 125, 126, 127, 128, A Municipal Corporation of Hyderabad Tender Rules, 1970 Rules 3, 3A, 4 to 11 – Works Rules 12 to 18 –Supplies of Material
Sudhakar V. Joshi FUNDAMENTAL PRINCIPALES OF PURCHASE PROCEDURE CANON OF FINANCIAL PROPRIETY Every public officer should exercise the same vigilance in respect of expenditure incurred from Government Revenue, as a person of ordinary prudence would exercise in spending his own money.
Sudhakar V. Joshi 1.of Obvious Necessity 2.of Required Minimum Specifications 3.at the Most Competitive, Fair and Reasonable Rates 4.within the Stipulated Time Frame 5.keeping in view the Government Policy 6.with Absolute Transparency in the process Procedure should attempt to ensure purchase of stores :-
Sudhakar V. Joshi OBIVIOUS NECESSITY Careful Indenting Canon of financial propriety – “No money should be drawn from the treasury unless it is required for Immediate Payment”
Sudhakar V. Joshi Factors determining the quantity to be purchased (Inventory Control) A)Office work and/or activity shall never suffer for want of store; B) shall never be in Excess of requirement which results in – i) Locking of scarce resources ii) Increase in the cost of Godowning and Security iii) Deterioration of the Quality.
Sudhakar V. Joshi Required Minimum Specifications Factors:- i)COST - Minimum ii) UTILITY - Fulfill the Purpose Drawing of Specifications:- UNAMBIGUOUS:- i)ISI make (BIS-Number) ii)As drawn by Laboratories/ Technical Institutions, Recognised by the Government
Sudhakar V. Joshi i)Wide Publicity ii)Maximum participation of Tenderers (minimum three) iii) Ascertaining prevailing market prices for retail/bulk quantities. iv)Cost plus Formula AT THE MOST COMPETITIVE FAIR AND REASONABLE RATES
Sudhakar V. Joshi The lowest rate offered may not necessary be the Fair and Reasonable Rate.
Sudhakar V. Joshi REASONABLENESS OF RATE In all events purchasing officer / Technical Expert should certify the reasonableness of Rate Applied in the following format
Sudhakar V. Joshi For the specifications mentioned in the above tender, I have Ascertained the present market trend, evaluated the estimated cost,compared previous rates in this transaction and I certify that the Rate of Rs. per proposed for acceptance is reasonable. Date Name and Designation CERTIFICATE
Sudhakar V. Joshi i) Single Tender (Normally when the Value is less than Rs.500/-as a Rule) ii)Limited Tenders a) When the Value is more than Rs.500/-but less than Rs.50,000 b) Urgent Order Procedure WITHIN THE STIPULATED TIME FRAME The process involves cost and time Types of Tender Enquiries
Sudhakar V. Joshi iii)By Negotiations with one or more firms (Proprietary articles) iv)By Repeat orders (Placing Orders on the contractor on the basis of previous contract.) v)Open Tenders In all other Cases.
Sudhakar V. Joshi To. a)Government Departments e.g. jail b)Government undertakings helping SSI,Village artisans, Ex-Servicemen backward/under privileged classes, women. c)NGOs running institutions for the Rehabilitation / welfare of physically handicapped, mentally retarded, blind, ex victims of dreadful deceases etc. KEEPING IN VIEW GOVERNMENT POLICY Marketing support through i)Purchase Preference. ii)Price Preference.
Sudhakar V. Joshi TRANSPARENCY Maxim Of Justice ‘Justice must not merely be done but it is seen to be done’ Entire process including Receipt, Storage,opening of tenders should be open to the participants.
Sudhakar V. Joshi CONTRACTS Rate Contract Quantity Contract
Sudhakar V. Joshi Rate contract is for the supply of stores at specified rates during the period covered by the Contract. No quantity is mentioned in such a contract and the contractor is bound to execute any order which may be placed upon him, during the currency of the contract, by the Direct Demanding Officers, at the rates specified therein. RATE CONTRACT
Sudhakar V. Joshi Quantity Contract is a contract entered into where the suppliers are called upon to offer to supply definite number of quantity [ 25% plus or minus] by a date or dates as may be specified in the tender notice. QUANTITY CONTRACT
Sudhakar V. Joshi Conditions Original contract by open Tenders. Within Six months of the original contract. Certificate that market trend is not downward. Quantity not more than 200% of the original contract. REPEAT ORDERS
Sudhakar V. Joshi URGENT ORDER PROCEDURE ( UOP) Sanction of the Secretary to the Government in the concerned Administrative Department. Limited Tenders registered and recommended Suppliers Short Period (10 days)
Sudhakar V. Joshi TWO ENVELOPES PREQUALIFICATION i)Technical Bid ii) Commercial Bid (Price ) TWO BID SYSTEM (GOM-RESOLUTION 30/3/94)
Sudhakar V. Joshi Documents Constituting Contract 1] Tender Notice 2] Tender Enquiry 3] Tender Form 4] Pre-Bid Conference Proceedings 5] Letter of Acceptance (A.L.) 6] Agreement 7] Acceptance of Tender (A.T.) UNILATERAL CHANGES IN THE DOCUMENTS LEGALLY NOT PERMISSIBLE.
Sudhakar V. Joshi A )Invitation of tenders For and on behalf of the President of India or the the Governor, as the case may be. B)Eligibility of tenderer I ) In case of items of Purchase Preference II ) In case of other items. C)Last date, Duration of Time and Place of availability of the Priced Tender Forms. INVITATION TO TENDER Essential Ingredients
Sudhakar V. Joshi D) Last date, Time and Place of submission of Sealed Tenders in two Envelopes as per Two Bid System, in Duplicate. E) Amount and Mode of payment of the Earnest MoneyDeposit. F) List of Essential Documents to accompany the Technical Bid. INVITATION TO TENDER Essential Ingredients
Sudhakar V. Joshi G) Date, Time and Place fixed for opening of the Technical Bids. H) Validity period of the tender. I)Duration of the Rate Contract Period with Extension Clause, OR INVITATION TO TENDER Essential Ingredients
Sudhakar V. Joshi J) Approximate Quantity (plus-minus 25%) for which the Quantity Contract is to be executed. K ) Description of goods with details of Specifications, such as, I.S Mark No., if any, General Description, materials, Manufacture (Origin, Indigenous or Foreign) Dimensions, Workmanship and Finish, Tests, Marking,preservation, Packing and Delivery installation,Successful Demonstration etc. INVITATION TO TENDER Essential Ingredients
Sudhakar V. Joshi L)Inspection of Goods/Samples i.e. before opening the envelope containing Commercial (Price ) Bid, ii. Predespatch, iii.pre-delivery,iv. Post-delivery etc. etc. M)Indication of rates in Metric System of weights and Measures. N)Mode of delivery i.e. F.D./F.O.R. Destination /F.O.B. etc etc. INVITATION TO TENDER Essential Ingredients
Sudhakar V. Joshi O) Terms of payment of Bills of the Contractors. P) Date/Period of completion of delivery. Q) All-inclusive Price to be quoted R) Post tender Revision of Rates not to be generally entertained. S) Amount and mode of Security Deposit. INVITATION TO TENDER Essential Ingredients
Sudhakar V. Joshi T) Inclusion of warrantee clause and service after warrantee period etc. U) Application of FALL CLAUSE V) Inclusion of RISK PURCHASE CLAUSE. W) Penalty on Contractor’s failure to comply with the terms and conditions of the Contract. X) Right of purchase officer to reject all or any tender without assigning reasons therefore. INVITATION TO TENDER Essential Ingredients
Sudhakar V. Joshi Y) Refund of EMD and Security Deposit. Z ) Any other Condition as may be fixed. INVITATION TO TENDER Essential Ingredients
Sudhakar V. Joshi PRE-BID CONFERENCE Proceedings discussing queries and clarifications form part of the tender document and also the contract.
Sudhakar V. Joshi Post Tender Revision of Rates not to be generally entertained. Normally no communication revising the rates after receipt/opening of tenders shall be considered. Three types of Revision of Rates: i) A tenderer gains at the expense of the Government ii) A tenderer may secure the order at the expense of some other tenderer iii) The Government may gain and no one suffers
Sudhakar V. Joshi Post Tender Revision of Rates not to be generally entertained. While the first two types of Revision (i) and (ii) shall not to be accepted, the third type of Revision shall invariably be accepted.
Sudhakar V. Joshi The prices charged for the stores supplied under the contract by the contractor shall in no event exceed the lowest price at which the Contractor sells the stores of identical description to any persons/Organisations including the Purchaser of any Department of the Central Government or of a State Government or any statutory undertaking as the case may be during the currency under the quantity contract is completed or during the currency of the Rate contract. FALL CLAUSE
Sudhakar V. Joshi FAILURE OF CONTRACTORS i)After issue of Letter of Acceptance Consequences :- a)Forfeiture of the earnest Money deposit. b) Awarding of fresh contract.
Sudhakar V. Joshi ii)After agreement executed and A/T issued Consequences – a)Forfeiture of Security deposit and termination of Contract /Black listing the Contractor after following procedure. b) Risk Purchase : De novo tender procedure.
Sudhakar V. Joshi PRINCIPELS OF NATURAL JUSTICE TO BE OBSERVED Black listing has the effect of preventing a person from the privilege and advantage of entering in to Lawful relationship with the Government for purposes of gains… fundamentals of fair play require that the person concerned should be given an opportunity to represent his case before he is put on the black list. ( AIR 1975SC266)