Thursday, February 26, 2009

Central Vigilance Commission

Central Vigilance Commission (CVC)
CVC is the nodal agency which mandates how tendering should be done such that Transparency is maintained. From time to time it issues guidelines as how the tendering process should be carried out. Some of the guidelines issued in past by CVC are listed below.

"It is needless to state that tendering process or public auction is a basic requirements for the award of contract by any Government agency as any other method, especially award of contract on nomination basis, would amount to a breach of Article 14 of the Constitution guaranteeing right to equality, which implies right to equality to all interested parties."



# Guidelines for Selection of eProcurement Service
Earlier Government use to select eProcurement service provider on ad hoc basis, and hence CVC had made it mandatory w.e.f. 1st Jan 2009 as per guidelines, that a proper tender should be floated even for selection of eTendering, eProcurement service provider. Order copy can be viewed on http://www.cvc.nic.in/E-tendersol.pdf
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# Guidelines for Time Bound Processing of Tender
Many a times, tender are not awarded on time, which results in cost escalation. Taking note of this, CVC has issued orders to ensure that tenders are opened, evaluated & awarded as per the time specified in the Tender document to avoid cost escalation as per order the following order http://tender-tiger.blogspot.com/2009/02/central-vigilance-commission.html dated 6th Nov, 2008
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# Guidelines for adoption of Integrity Pact within Government.
To enhance transparency in government procurement, CVC has recommended adoption of Integrity Pact in all PSU except banks in view of their limited procurement. Though it is now optional, CVC recommends that it initiatives should be taken to adopt is & once adopted it should not be discontinued as per order http://www.cvc.nic.in/007vgl0330808.pdf dated 5th August, 2008
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# Acceptance of Bank Guarantee
Many a times, contractors submit fake/counterfeit Bank Guarantee and Government has no mechanism to check it. To curb this menace, CVC has asked Government to ensure that Banks send them the Original Bank Guarantee Directly through Regd. Post or at least duplicate copy to Government in cases where Original BG is not possible to post as per order dated 1st Jan, 2008 http://cvc.nic.in/010108.pdf
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# Making Tendering process Mandatory for all Government Organisation
As per CVC award of contract on nomination basis, would amount to a breach of Article 14 of the Constitution guaranteeing right to equality, which implies right to equality to all interested parties and hence it has made Tendering mandatory for all Government Organizations.Only is cases of Natural Calamity, it can be avoided. Refer order no. dated 5th July, 2007 http://cvc.nic.in/OfficeOrderNo23-7-07.pdf
Please Visit http://www.TenderTiger.com to view 1 Million Tenders.
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# Guidelines as how procurement can be improved in Government
a detailed document is issued by CVC detailing each and every step of Tendering which is available on http://cvc.nic.in/cte_man_2002.pdf
a must read document for all Purchase / Procurement Managers
Please Visit http://www.TenderTiger.com to view 1 Million Tenders.
Indian Tenders , Indian projects, Indian Supplier Contractor Database, eProcurement


# CVC disallows negotiation with L1
As post tender negotiations could often be a source of corruption, it is
directed that there should be no post-tender negotiations with L-1,
except in certain exceptional situations. To view the order copy click http://cvc.nic.in/005crd012.pdf
Please Visit http://www.TenderTiger.com to view 1 Million Tenders.
Indian Tenders , Indian projects, Indian Supplier Contractor Database, eProcurement


114 comments:

  1. Good Work. I must congratulate you for blogging in this very niche and susceptible area. There are many presumption and assumption in the field of tendering which needs to clarified and very important needs to be openly discussed.
    Keep Blogging

    ReplyDelete
  2. We have advertised a Tender and received only one tender. Should we go ahead for one tender or we have to readvertise till we receive three

    vk gupta

    ReplyDelete
    Replies
    1. If you have decided the minimum bid requirement as 3 then you will have to wait for three by extending the date. or else you can open the tender by the approval of concern authority.

      Delete
  3. circulars issued from cvc says that in addition to LARs& market rate analysis shuold be taken into account while considering a tender or item wise rate analysis should be done Ltr no. cvc-06-06-d-11-ET-35 Dated:12.06.08, pls suggest that where could i get the copy of this circulars---jp meena, jabalpur

    ReplyDelete
  4. Bangalore Metro has rejected one of our tenders because the bid bond validity was 180 days in place of the specified 240 days. The validity of the bid itself is specified as 180 days only, however the bond was for an additional 2 months.

    This was an oversight and a 60 day extension to the validity was faxed to them on the same evening.

    Is Bangalore Metro's action within CVC guidelines?

    ReplyDelete
  5. please provide me the rules to be followed while processing of a single bidder

    ReplyDelete
  6. Very Nice effort. it is good to see experts at one platform. Can anyone help me to collect complete guidelines of CVC on tendering.

    ReplyDelete
  7. We have a network service provider whose services we are taking for the last 2 years after going through a tender process. Can we not sign a fresh agreement with the service provider for a period of 2 years without going in for a fresh tender process? Does the CVC allow that? The current service provider has a rate contract with us and for which it was selected through a tender process.


    Sinha

    ReplyDelete
  8. This is a good effort however, will be more useful to consultants if guidlines on negotiations with L-1 is also posted.
    We recently were L1 for a project, where we were above technically with a very small margin, the client instead of calling us for negotiations, called L2 for negotiation
    what should we do


    KK

    ReplyDelete
  9. What is the CVC guideline on extention of rate contract for another 1 year upon last years rates.

    ReplyDelete
  10. I would like to start a central supplier for contractor to various state.pliz give me some details and minimum deposit to start.

    ReplyDelete
  11. there is a company PACL h.o is in Chd. they never open tender in presence of bidders & call all the bidders for negotiation what should we do against them

    ReplyDelete
  12. 1st phase of a particular work is yet to be completed by the selected vendor.Want to bring new vendor for the second phase of the work to bring competition in executing the work, in the open tendering is ther any way to bar the existing vendor participation.

    pl. reply pammalsubbu@gmail.com

    ReplyDelete
  13. We called limited Tender enquiry from four firms but received only one tender. Should we go ahead for one tender or we have to recall till we receive three please guide w.r.t. govt / CVC rules / guidlines

    regards,
    jbhatia193@gmail.com

    ReplyDelete
  14. after issuance of LOA. the inter-se positon of LI&L2 changes, due to some computation error. what should be done

    ReplyDelete
  15. sir,
    is there any guideline for extending the bid opining on request of the prospective bidder

    ReplyDelete
  16. A work has been completed& is under defectliability period. In rains asmall portion of the road has been demaged. Can we award for repaired it from saving of the work after tender process .
    BP Chauhan

    ReplyDelete
  17. As per CVC guidelines can any person be allowed to participate in any tender process if his/her spouse or near relative is an employee of the same department? Can that person be allowed to submit tender in this is the case?

    ReplyDelete
  18. can anyone tell us that can we have the validity of 180 days as it is 90 days...

    ReplyDelete
  19. can anyone tell us that can we have the validity of 180 days of CVC tender as it is 90 days...

    ReplyDelete
  20. hi

    thanks for sharing

    http://designersiva.blogspot.com/search/label/tenders

    ReplyDelete
  21. what are the conditions under which limited tenders can be floated, as per CVC guidelines.

    ReplyDelete
  22. There is urgency for appointing service provider for financial inclusion plan. In response to tender only one bid received in spite of two extensions and moderation of eligibility criteria allowed on the basis of queries. Whether decision can be taken on single bid basis as there is no item for re-tendering.

    ReplyDelete
  23. My question is whether a service provider is allowed to provide machinery or other materials on rental that he or his company doesn't own? For instance, if I am in the furniture rental business and start to provide generators on rent that I do not own. Will that be legally allowed? I have observed many people that have been practicing in such a way.
    And if such a guideline exists, what are the penalties associated with it? .

    ReplyDelete
  24. two supliers of same manufacturer can quote in Open Double Bid Tender ?(favoring to one manufacturer only)

    ReplyDelete
  25. what happens in case of only two bidders technically qualified and the quote of L1 is very much below the bench mark of the quote.

    ReplyDelete
  26. Replies
    1. Average Annual financial turnover during the last 3 years, ending 31st
      March of the previous financial year, should be at least 30% of the
      estimated cost.

      Delete
    2. Pls tell me it's total turnover of last three years or turnover annually 30%

      Delete
    3. It's average of 3 years like (20%+30%+40%)/3=30%

      Delete
  27. good aftrenoon.Please tell me whats procudres can followed in case of proprietory items.

    ReplyDelete
  28. I am manish hansoti from Ahmedabad. My questions to all experts for Maximum penalty can be obtained by tenderer is there any guidelines and when it was given by CVC.

    ReplyDelete
  29. In case of e procurement and global tender if crieteria for sales turnover kept high like 10 crore average in last three years to qualify only specific companies as L1 and L2 Now only two companies are qualified so with two bidders qualifications PSU can open financial bid as tender will be given as 6% to L1 and 40% to L2 so it is malafied practice is seen in that tender what to do as we are disqualified due to 20Lacs short in Turnover.

    ReplyDelete
  30. Sir I may kindly be informed whether QCBS method of evaluation of tender is permitted by CVC guidelines. Also the criteria for fixing the annual average turn over in the preceeding years and experience of undertaking similar work with what value.
    My e-mail address: mandalbabul@yahoo.co.in


    with regards,
    Babul Mandal

    ReplyDelete
  31. Sir I may kindly be informed whether QCBS method of evaluation of tender is permitted by CVC guidelines. Also the criteria for fixing the annual average turn over in the preceeding years and experience of undertaking similar work with what value.
    My e-mail address: jsanjayjain44@yahoo.com

    ReplyDelete
  32. Sir,

    We M/S kamadhenu Outsourcing, Anantapur (A.P) humbly request you kindly intimate the turnover percentage on estimated cost in outsourcing works (in manpower supply works) Are there any guidelines and prepared circulars in this regard. Kindly intimate us at once.Kindly treat it as most urgent.

    Yours faithfully,
    Managing Partner,
    M/s Kamadhenu outsourcing
    Anantapur (A.P)
    ph; 08554-270940
    099855 88678

    ReplyDelete
  33. Sir,

    We M/S kamadhenu Outsourcing, Anantapur (A.P) humbly request you kindly intimate the turnover percentage on estimated cost in outsourcing works (in manpower supply works) Are there any guidelines and prepared circulars in this regard. Kindly intimate us at once.Kindly treat it as most urgent.

    Yours faithfully,
    Managing Partner,
    M/s Kamadhenu outsourcing
    Anantapur (A.P)
    ph; 08554-270940
    099855 88678
    My Mail:kamadhenu.out@gmail.com

    ReplyDelete
  34. We are a software development company. When we went to receive a blank tender from one of the nagarpalika - muncipal corporation- They refused to issue the tender. When we asked they did not have proper answer. I want to know can they refuse to issue a blank tender to anyone? Can we say this a transparent tendering process. If they can not do so how Indian law will help me?

    ReplyDelete
  35. CVC guideline for manpower outsourcing by tender in PSU

    ReplyDelete
  36. WHAT ARE THE GUIDELINES FOR A PSU AS A BIDDER FOR PARTICIPATION IN A GOVERNMENT TENDER. IS THERE ANY SPECIFIC GUIDELINES? IF SO, PLEASE ENLIGHTEN.

    ReplyDelete
  37. Get detailed information on Indian Tenders, TenderNews provides access to all type of online tenders from India including government tenders, corporate tenders, tender India, public tenders, procurement notices.

    ReplyDelete
  38. One tender after paper notification in local news paper, the repose was very poor , only one tender was received , what will be its fate? award or re-tender , estimate value 12.0 lac.

    ReplyDelete
  39. good morning to all..My query is: Are negotiations permissable in ad-hoc contracts?

    ReplyDelete
  40. We have two different companies and applied tenders for purchase of building and we selected the highest bidder in that tender. I want to now that there is any rule regarding director, because in both the companies some persons are director in both the companies. Is it affect anyway for that tender.

    ReplyDelete
  41. please tell me the CVC guideline on similar nature of works for civil engineering jobs.

    ReplyDelete
  42. What should I do if the following happens:
    1. I have got party A as L1 in a tender
    2. If I consider VAT credits that I can take for the goods supplied by L2, then the Lowest value becomes that of L2 instead of L1.
    3. While the same product is quoted by L1 & L2, the rates of L1 & L2 differ largely.

    -- Suresh

    ReplyDelete
  43. thanks for the post.hope you have new up to date tenders related to this category . and you have a nice site about online tenders . appreciate your work

    ReplyDelete
  44. our organisation had floated a tender for construction of a building...one of the participants have applied as joint venture with one participant fullfilling all the conditions of the contract and the other 50%....the tender document was silent with regard to acceptance of joint venture...

    can we qualify the joint venture firm in this case..?

    ReplyDelete
  45. In one tender floated by Govt. Of Rajasthan, where total bid received was 5 (Bidders), out of that only 1(One) Bidder is Technically Qualified. Where in tender documents it is written Envelop A, Envelop B and to be submitted Physical all the Documents apart from Price Bid. But they didnt accept any Physical Documents and they just took EMD and Other Undertaking Documents. After seeing one bidder is qualified they immediately opened its price bid. Is it possible to open Price bid after having only one technical bidder? Kindly guide me for this.

    ReplyDelete
  46. plz tell me the CVC tender NIT guidline

    Yours faithfully,
    Md Anis Ahmed Ansari,
    M/s Allied Electric Works
    Main Road Singrauli
    (MP) 486889
    Email Id: mdmojahidr@gmail.com
    Contact No : 9826621239,9425855236

    ReplyDelete
  47. SIR, IS THERE ANY GUIDELINES THAT IF THREE TENDERS ARE RECEIVED THEN IT SHOULD WORK AND THERE IS NO NEED FOR RE-TENDERING
    PLEASE TELL

    ReplyDelete
  48. In a state govt tender whether 2 tenders who are technically qualified the L1 can be awarded the contract.pl confirm. Kishore.

    ReplyDelete
  49. Tenders have created a special niche for themselves within the company world. The business organizations currently wish to take tenders for his or her business activities. Everyday there ar several tenders being floated by varied corporations, and range of customer bid for these tenders.

    Online Tenders Services

    ReplyDelete
  50. all guidelines are there still it is fact corruption is increasing day by day in Tendering Process. there are many steps needs to be taken to stop corruption from tendering Process. First we should increase competition in Tender invitation. when more and more bidder participating in Tenders new Player come, resulted in good price. to increase competition, there should be a site like www.tenderdetail.com where information are free for bidders.

    ReplyDelete
  51. I am R S MANI, Director, Gemini Graaphics P. Limited, Bidar, having a IBA_RBI approved S ecurity Printing Press and Security Paper Mill of our own, at Bidar in Karnataka. URL www.geminigraphicsindia.com
    Raiv Gandhi Jeevandayee Arogya Yojana Society, Ganpat Jadhav Marg, Mumbai 400018 phone no.022 24912291 have floated a tender for supply of health cards but the tender is restricted to Companies Registered at Maharashtra with its factory location also in Maharashtra.
    As far as I know this condition infringes the article 14 of the Constitution which gives equality of position to all the tenderers, and no Government can restrict the tender to a particular State. Please give me your considered opinion on this subject.

    ReplyDelete
  52. I have a small query. If L1 has gone 20% below the estimated price than is there any provision that the tendering authority can divert the work to L2. As this price (Below 20%) is not possible.

    ReplyDelete
  53. Dear Sir

    1. The following is the case in the Govt tender

    (a) Pubic Tender Notice Issued in TWO bid system

    (b) Parties are submitted the tenders and L1 identified.

    (c) PNC conducted

    (d) Work order Placed on the L1 party for the Negotiated price.

    (e) Before commencement of the work by L1 party, the L1 party identified the ground position of the

    equipment and the tendered scope of work having a lot of variation.

    (f) Intimated the same to the Customer reg the scope variation.

    (g) The complete argument has started for this stage. They were stated that the GA drawing mentioned in

    the tender will cover the additional scope of work.

    (h) As they were argued the same has not been covered in the drawing and further the connected

    drawing No are also not mentioned in the tender as well as in the Work Order.

    (i) How the additional drawings are the part of the tender or in the part of Work Order --- Pl Clarify the

    same is as per the CVC guidelines.

    (j) Since we are opposing the same, they were issued a notice to us and going for Limited tender.

    (k) Since the tender value is more than 25 lakhs -- the limited tender is a correct procedure as per the

    guidelines of CVC.

    2. Kindly guide us for the above case.

    If any further clarification pl feel free to contact us.

    Regards

    RAM MURTHY

    Mobile : 9440594150

    ReplyDelete
    Replies
    1. 1. If in SOW the work has been mentioned and diagram/sketch has been not provided still authority can provide diagram/sketch at later stage. It is recommended to resolve such thing during Pre-bid meeting alongwith written clarification.
      For Example if SOW include erection of tower and specification of tower is provided but diagram/sketch are missing is your duty to ask authority that bidder will suggested tower are acceptable or authority have specific diagram for the same.

      2. As per CVC guidelines authorities can float limited tender for procurement of abv 10 Lakhs on special approval and also it vary from case to case bases

      Delete
  54. Whether JV can be permitted in Turn Key Projects of PHED Rajasthan

    Pungliasanjay@gmail.com

    ReplyDelete
  55. Hey Admin thanks for the post i was looking for a blog about online traders . and this post provided all i needed to know about tenders .appreciate your work ..

    tenders online & government tenders

    ReplyDelete
  56. Dear Sir,

    We stood L1 for 2 consecutive e-procurement tenders for the same tender called by a Govt organisation.
    As there was more than 50% difference with the prices with there estimated prices(which they arrived themselves, without getting any quotations from the market)they have cancelled the tenders.
    Inspite of participating in the most transparent platform of tender calling and paying the processing and also the eprocurement fee both the times,i lost the tender.
    Is there any possiblity to challenge the cancellation of the e-tenders and get the order.

    Please advice asap.

    Thanks


    With Warm Regards,

    Pavan Kumar Gande
    Hyderabad
    +91 9849544550

    ReplyDelete
  57. Dear Sir,

    We stood L1 for 2 consecutive e-procurement tenders for the same tender called by a Govt organisation.
    As there was more than 50% difference with the prices with there estimated prices(which they arrived themselves, without getting any quotations from the market)they have cancelled the tenders.
    Inspite of participating in the most transparent platform of tender calling and paying the processing and also the eprocurement fee both the times,i lost the tender.
    Is there any possiblity to challenge the cancellation of the e-tenders and get the order.

    Please advice asap.

    Thanks


    With Warm Regards,

    Pavan Kumar Gande
    Hyderabad
    +91 9849544550

    ReplyDelete
    Replies
    1. No, Department have alrights to scrap the tender at any stage without providing any reason for the same.

      Delete
  58. You provide great information about Tenders, we have large database of Tenders source and great offer in Tender.
    Thanks.
    Tenders in Delhi

    ReplyDelete
  59. Please send me eligibility criteria of past experience and financial standing as per CVC guidelines / norms

    ReplyDelete
  60. we have received three bid for technical evaluation but among them only single bid is responsive this responsive bid is valid tender.

    ReplyDelete
    Replies
    1. If its is Two Stage bidding then tender supposed to be scrap, as in two stage bidding atleast two company should be qualify for financial evaluation

      Delete
    2. Dear Mr. Sandeep Mishra. Thanks for your valuable post. Can you send me the notification from CVC guidelines of the same rule which you mentioned above. We are facing the same situation but we have qualified two financial bids. In order to go ahead we need the circular of the govt which states this rule which you mentioned above. Kindly forward me the document.

      Please mail on work.piyushk@gmail.com. I will be waiting for your response.

      Delete
    3. Hello.piyush
      I was just going thru the posts. I am in a situation as the only bidder to be qualified for financial evaluation in an open tender. The PSU is hard pushing for nego and threatening to retender if we don't offer huge discount. Is there any CVC guideline to safeguard in the situation only 1 bidder qualifies for financial evaluation

      Delete
    4. For "If its is Two Stage bidding then tender supposed to be scrap, as in two stage bidding atleast two company should be qualify for financial evaluation" please share CVC guidelines

      Delete
  61. with in how many days the tender must be finalized after due date

    sathyanarayana
    sathyanarayanaalfa@gmail.com
    09246812248

    ReplyDelete
    Replies
    1. Its completely depend upon department to department, urgency of procurement, and evaluation time they took for the procurement. Further the bid validity can give you the idea of tentative time of the result. However, department may ask for the extension on Bid validity too..

      Delete
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  63. One of the state govt tenderer has asked 1cr mim turnover (each Year)for the last 3 consecutive years for a order value about 1cr.Is that correct according to the CVC guidelines.

    Pavan
    Hyderabad

    ReplyDelete
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  65. I have a small query. If L1 has gone 20% below the estimated price than is there any provision that the tendering authority can divert the work to L2. As this price (Below 20%) is not possible.

    ReplyDelete
  66. what happens if we fails to start the project or work at the position of L1

    ReplyDelete
  67. hello friends. We recently invited tenders. In response, 03 agencies responded but two bids who have quoted Lowest Rates found to be conditional. Hence rejected. Meanwhile, su moto third agency given offer to work on L-1 rates. 3rd agencies is a PSU. What to do...should we go for retender or award the job to PSU without taking into account his su moto offer.

    ReplyDelete
  68. if l1 not satisfied condition due to error can we call for l2

    ReplyDelete
  69. What is the CVC guidelines on Validity of Award of Contract to same firm without any fresh tender?

    ReplyDelete
  70. Manpower agency service charge any notification related 2% or less then (minimum service charge )

    ReplyDelete
  71. Manpower agency service charge any notification related 2% or less then (minimum service charge )

    ReplyDelete
  72. Dear Sir
    When only one tenderer is qualified during techno commercial evaluation, whether financial bid can be opened

    ReplyDelete
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  77. pse elaborate CVC guidelines under which an open tender which comes in single tender situation to be dealt. pse treat urgent

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  79. Dear sir
    we are a computer firm.we submit a quatation for server and its very lowest.2nd part's quate vey highest than me. but the govt: office ask negiciation for both.is it a legal pcedure? or not
    is it a legal santity?

    ReplyDelete
  80. Dear sir
    we are a computer firm.we submit a quatation for server and its very lowest.2nd part's quate vey highest than me. but the govt: office ask negiciation for both.is it a legal pcedure? or not
    is it a legal santity?

    ReplyDelete
  81. What if just one bid qualify after financial evaluation

    ReplyDelete
  82. In one of the replies, it's written that minimum criteria for annual sales is 30% of the estimated cost. My query is:
    a) Whether there's a maximum limit to the annual turnover in relation to the estimated cost?
    b) Whether it's mandatory to mention estimated cost in the tender document at all?

    ReplyDelete
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  87. If L1 party backs out, under what circumstances L2 party can be asked to match L1 prices?

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  89. is there any cvc guideline for treating the tenderer as unresponsive, as many tenderers quote very less service or administrative charges to grab the tender

    ReplyDelete
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