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TRANSPARENCY IN PUBLIC PROCUREMENTS

Tenders are invited to ensure transparency in procuring goods, services, and consultancy. Restrictive practices in tenders can hinder competition and lead to inefficient procurement. This article discusses the procedure for the sale of tender documents and highlights the prevalent practice that may not adhere to the rules, potentially restricting competition. Further instructions and legal implications are also addressed.

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TRANSPARENCY IN PUBLIC PROCUREMENTS

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  1. TRANSPARENCY IN PUBLIC PROCUREMENTS SALE OF TENDER DOCUMENTS Sri. B. V. Srikanth, /Deputy Secretary (Finance)

  2. Tenders are invited…. • To ensure transparency in procuring the goods/ service/ consultancy • To ensure competition for reasonable price

  3. Restrictive practices in tenders • defeat the purpose of competitive tenders • Lead to inefficient procurement

  4. Restrictive practices could be.. • By way of manipulation of specifications for the procurement • By way of hindering participation of tenderers • Sale of tender documents assumes importance in this context

  5. Procedure for sale of tender documents • PWD Code contains provisions relating to the sale of tender documents • Para 176 states that the place and the time when the tender documents can be seen • Blank tender forms can be obtained by paying the amount if any is to be specified in the NIT

  6. ..contd • Similar provisions exist under the KTPP Act • Rule 13 of the KTPP rules prescribes the procedure in this regard • Rule 17 prescribes the minimum time to be provided for the submission of tenders.

  7. Supply of Tender Documents • The Tender documents should be made available from the date indicated in the Notice inviting the tender • The Tender documents should be made available to any person who is willing to remit the cost of the documents

  8. ..contd. • The Tender Inviting Authority should ensure the minimum time prescribed under rule 17 of the KTPP Rules • Minimum time to be provided for submission of tenders should be 30 days for tenders of Rs.2 cr. value and 60 days for tenders in excess of Rs. 2 cr. value

  9. Prevalent Practice • Stipulate the last date for receipt of applications for Tender forms in the NIT • Fix the date for issue of tender forms • Fix dates for the receipt of submission of completed tender forms

  10. ..contd • The above procedure is not correct • It is not in accordance with the provisions of KTPP Rules as the minimum time required for submission of tenders is not adhered to • It decides the competitors well ahead of the submission of tenders

  11. …contd • This may restrict the competition • May give room for ring formation among the limited number of competitors • Lead to inefficient procurement

  12. Further Instructions • Government has issued instructions vide Circular No.PWD 140 SO / FC 2003 dated 1.09.2003. • It is emphasized to arrange to sell the tender documents from the date of publication of NIT till the day previous to the day fixed for opening of tenders

  13. Legal implications • The prescribed procedure if not followed may lead to legal complications • May vitiate the procurement

  14. Thank you

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