Tender

Government Rules regarding Tender formalities/ e-Tender Procedure/ Technical Evaluation/ Financial Bid Opening/ Acceptance of Lowest Bidder/ Letter of Indent etc.

Deduction of tax at source from the payment made to the Supplier of taxable goods or Services or both where the total value of such supply, under a contract, exceeding to Rs. 2,50,000/- only.

Guidelines before Issuing Letter of Acceptance/ Work Order

All Executive Engineers are instructed to submit a certificate as per Format enclosed before issuance of Letter of Acceptance (LOA)/ Work Order to the Chief Engineers of the Zone.

e-Tender is Mandatory for Procurement above Rs. 1 Lakh

All the Departments of the State Government will ensure observance of e-tender process for procurements of and above Rs. 1 lakh by their own office and subordinate offices, as well as companies and corporations under their departmental control.

Revised Norms for Acceptance of Tender in case of Works/ Non-Works Department

Laying down the comprehensive procedure and guidelines for accepting the bids under different situations covering all the aspects of tender outcomes has been under active consideration of the Government for some time past.

Splitting of Project into Specialized Component Works for Separate Tenders

To facilitate timely execution of projects with specialized component works, splitting of projects into the following component works and invitation of separate tender for each such component work is hereby allowed.

Demarcation of Works among PWD Electrical and PWD IT Wing

Category wise distribution of works involving electrical and electronic devices and IT & Telecom equipments amongst the Executing Authorities of PWD.

Panel of Valuation Agencies, 2020

Valuation Agencies for conduct of valuation of properties, assets, enterprises, etc. for activities like restructuring of the State PSUs/ JVs, monetization of land and other assets, etc.

Acceptance of Tender by the Work Executing Departments on behalf of Non Works Departments

Chief Engineers of Works Executing Departments can accept tenders with at least 3 qualified bids on behalf of the requisitioning non-Works Departments upto any value with the approval of the Government appointed tender committee of the Executing Department itself.

Sanctioning Authority of Revised Administrative Approval

Delegating full power to Administrative Departments for according Revised Administrative Approval due to acceptance of rates upto 10% above without any change in scope of work.

Financial Power to Accept Tenders with less than 3 bidders

Financial power of the Heads of the Administrative Departments towards acceptance of tenders with less than 3 qualified bidders in 2nd or subsequent calls will be Rs. 10 crore

· Disposal of Scrap/ Condemned/ Obsolete Items through e-Auction portal of MSTC Limited

Governor has been pleased to accord approval for disposal of scrap/ condemned/ obsolete items through e-auction portal of MSTC Limited for which upto 3% of the H1 (sale value) may be allowed to MSTC Limited as service charges.

· Emergency Procurement related to COVID-19 Operation

In view of the urgency involved in the procurement of certain critical medical and other essential supplies in the wake of the present scenario caused by the pandemic, it has now been decided to extend the relaxed procurement guidelines for a period of two (2) months with effect from 01.04.2021 to 31.05.2021.

· Certain Items of Expenditure Exempted from Registration

Procurement of spare parts and other essential service support like Annual Maintenance Contract (AMC)/ Comprehensive Maintenance Contract (CMC), including consumables for closed systems, from Original Equipment Manufacturers (OEMs) or their authorized agents, shall be exempted.

· Imposing of Restrictions on Bidders by Ministry of Finance

Government of India has imposed certain restrictions as per which any bidder from a country which shares a land border with India will be eligible to bid in any procurement whether of goods, services or works only if the bidder is registered with the Competent Authority.

· Performance Security/ Security Deposit reduced to 3%

It is decided that the performance security for all existing contracts or the contracts which will be entered into within 31.12.2021 shall be reduced to 3% from the existing 10%.

· Publication of Referral Advertisement for e-Tenders of Irrigation and Waterways

All the Brief referral advertisements for e-tenders of different offices under the control of Irrigation & Waterways Dept. shall be published in the newspapers centrally through the office of the Executive Engineer, DVC Study Cell.

· Guidelines for Short Notice Tender in Emergent Situations under IWD

Restoration of damages through usual process by e-tender in compliance of West Bengal Financial Rules since amended in terms of Finance Department No. 5400-F dated 25.06.2012 frustrates the very purpose of emergency.

· Guidelines for e-Tender/ e-Quotation/ e-Procurement of Works and Material Purchase

It is mandatory to publish all NIT/ e-NIT/ e-NIQ in the centralised e-tender portal http://wbtenders.gov.in and also on Departmental website www.wbiwd.gov.in.

· Acceptance of Tender by Requisitioning Departments for projects executed by PWD

Requisitioning departments to decide the acceptance of tender or decision of re-tendering and other related issues, once tenders are finalised by PWD Engineering Officers since administrative approval and financial sanction for the project/ scheme is originally accorded by the Department concerned.

· Brief Referral Advertisement and Centralized Payments of Unpaid Bills

I & CA Department is accepting requisition of different authorities of State Government offices and taking regular action to release those advertisements for necessary publication

· Centralized Payment of Unpaid Bills by the Administrative Department

The subordinate office will provide the following two certificates on the body of the bill to prevent false payment and to avoid duplicate payment.

· Emergency Procurement related to COVID19 Operation

Procurement may be undertaken under Rule 47(14) of West Bengal Financial Rules from more than one source simultaneously if the entire quantity required is not available or not immediately available from one source. Such procurement may be made at different rates, if unavoidable.

· Selection of Agency Centrally for Providing Similar Nature Services

Administrative Department will centrally invite tender and engage agency for providing similar and homogeneous services to all the subordinate offices under their control.

· Splitting of Works/ Projects/ Schemes to Avoid e-Tender

Works/ Schemes/ Projects/ Procurements, which have been split to avoid the approval of the appropriate authorities and/or laid down tender norms, no payment should be released before the examination of the same by the Finance Department.

· Acceptance of Tender (2 Bidders) for Installation of Lifts

Governor has been pleased to accord approval towards acceptance of tender based on at least 2 qualified bidders for installation of lifts falling under Category-I only.

· West Bengal Form No. 2911 (Standard Bid Document)

A revised West Bengal Form No. 2911, is introduced with immediate effect for use in the tenders for works of value upto Rs. 25 crore.

· Clause in Composite Tenders for Building Works (Civil and Electrical)

Incorporation of a clause in the NIeT for building works of value less than Rs. 25.00 crore, composite in nature, having predominantly civil works with electrical components less than 25% of the total estimated amount put to tender.

· Advance Planning for Making Expenditure in Next FY

To ensure timely execution of different works an advance planning by the Departments is essential. The last quarter of a FY can be utilized for preparatory works including floating of tenders so that work orders can be issued in the first week of April of the next FY.

· Revised Norms of Tender Acceptance on 2nd/ Subsequent Call

Departments having delegated financial power for according administrative approval up to Rs. 20 crores, tenders with less than 3 bidders can be accepted by the HoD up to Rs. 10 crores.

· Role of Departmental Tender Committee

The Departmental Tender Committee shall be responsible for evaluation and recommendation of tender related works including but not limited to the following:

· Splitting of Works/ Increase in Scope of Work during Execution

After finalisation of the tender process, the scope of work should not be increased during period of execution. No additional/ supplementary/ substitute items should be considered.

· Additional Performance Security when Bid is 80% or Less

Additional Performance Security when the bid rate is 80% or less of the Estimate put to tender and no increase in scope of work of projects during execution phase.

· Instant Release of EMD for Unsuccessful Bidders

To prevent unnecessary blocking of earnest money of the unsuccessful bidders, the bid evaluation committee shall carry out the financial evaluation of the tender just after financial bid opening (selection of L1 bidder) and all the unsuccessful bids shall be “REJECTED”.

· Financial Power for Sanctioning any Extra Item, Deviation in Quantity

Maximum financial powers for sanctioning any extra item or items, substituted item or items, and deviation in quantity or quantities at a time or one or two of it.

· Sanction of In-lieu Item and Excess Quantity

Deviation in quantities of individual item up to +10% of agreement quantities will not need any prior approval of technical sanction authority and sanction of deviations is not required.

· Applicability of WBFR for Procurements in Parastatals

Applicability of West Bengal Financial Rules for all Procurements and Works in all parastatals incl. procurements and works funded from their own source of fund.

· Technical Vetting Power of the Engineers under Panchayat

Financial limit for technical vetting of any scheme for Sub-Assistant Engineers, Assistant Engineers, Executive Engineers and Superintendent Engineers will remain unchanged.

· Amendment of Rule 47(9)(b) of WBFR due to Introduction of GST

Bidders shall submit copy of a) Valid PAN issued by the IT Deptt., Govt. of India b) Valid 15-digit Goods and Services Taxpayer Identification Number (GSTIN).

· Extension of Last Date for Submission of Bids is not 2nd Call

Information on ‘Minimum period for submission of tender from the last date of publication’ should be furnished in Annexure-I of Memorandum No. 925-F(Y) dated 14.02.2017.

· Provisions regarding Dynamic e-Auction Process in West Bengal

“Starting Bid Price” fixed by the “Auction Inviting Authority” is not confidential and shall be displayed at auction bid page against each item for information to the bidder.

· Number of Authorised Officers for Evaluation/ Opening e-Tender

All Tender Committees are hereby advised to upload the e-tender document by using 3 or 4 members DSC by selecting either (a) 2 of 4 or (b) 2 of 3 out of the available options.

· Rule 220 of PWD Code regarding Post-Tender Negotiation

There should normally be no post tender negotiations. If at all negotiations are warranted under exceptional circumstances, then it can be with L1, (Lowest tenderer) only.

· Norms of Tender Acceptance when Qualified Bidders less than 3

Revised norms for acceptance of L1/ H1 bid/ Single bid when the number of qualified bidders during 2nd call of a tender is less than three (3).

· Transfer of EMD to Security Deposit Head Account

Procedure for Transfer of EMD received online through the e-tender portal to the Security Deposit Head of Account maintained at the Treasury/PAO.

· Linking of Bank Account with ICICI Payment Gateway

e-Procurement – Linking of Bank Account with ICICI Payment Gateway is required for online receipt/ refund/ settlement of and EMD/ Tender Fees for the e-tenders.

· Departments should Utilize the FA System

Administrative departments should mandatorily utilise the FA system within their departments in various matters related with budget management, tender and procurement etc.

· e-Tender/ e-Auction is Mandatory for Parastatals

e-Tender/ e-Auction is mandatory and the Managing Director, Commissioner/ Chief Executive Officer/ Executive Officer/ Finance Officer/ Secretary and other office bearers will be held responsible.

· Earnest Money Deposit through e-Procurement Portal

Online receipt and refund of EMD (Earnest Money Deposit) of e-procurement through State Government e-procurement portal: https://wbtenders.gov.in/

· Bid Evaluation Committee and Financial Information of the Bidders

Governor is further pleased to direct that a Bid Evaluation Committee (BEC) be constituted under Superintending Engineers who are the tender inviting authorities for all works beyond the tender accepting power of Executive Engineers.

· Mode of Requirement of Machineries and Equipments in Public Works

Governor is further pleased to direct that following guidelines regarding machineries and equipments to be used in different types of works should be adhered to by the tendering authorities

· Discontinuation of Engaging Central PSU for State Govt. Works

Discontinue the system of engaging Central PSU’s as agency for execution of works of the State Government. However, Central PSU’s may participate in the State Government Tenders.

· Substitution of Rule 47(9)(b) of West Bengal Financial Rules

Submission of Sales Tax and Income Tax Clearance Certificate is not necessary by the contractors for contract value above Rs. 50,000=00 as per amendment of Rule 47(9)(b) of WBFR.

· Suspension and Debarment of Contractor, Supplier and Consultant

Procedure for Suspension and Debarment of Contractor, Supplier and Consultant participating for public works under Public Works Department, Government of West Bengal.

· Procedure of Execution of Works by Govt Office through PSU

Rule-47D of WBFR has prescribed the procedure of execution of works by a Government office through any public sector unit, in case of inability of PWD or other works executing departments to undertake the work.

· Fixation of Reserve Price and its Disclosure during Auction

The reserve price approved by the Departmental will be kept confidential in sealed packet under custody of the officer in charge of the tender/auction, till opening of the financial bids.

· Credential Policy Modification: Amendment in PWD Code

For first call of NIT: Intending tenderers should produce credentials of a similar nature of completed work of the minimum value of 40% of the estimated amount put to tender during 5 (five) years prior to the date of issue of the tender notice.

· Credential Policy: Amendment in PWD Code

Credential certificate issued by the Executive Engineer or equivalent or competent authority of a State/ Central Government, Government undertaking, Statutory/ Autonomous bodies on the executed value of completed/ running work will be taken as credential.

· Technical Sanction for Repair Works in Residence – PWD Code

Superintending Engineers are solely empowered to accord technical sanction to estimates for ordinary repair works in residences as per the extant policy of Public Works Department.

· Determination of Eligibility for Selection of Contractors

1) Trade Licence, 2) PAN Card, 3) Professional Tax payment challan/ Receipt (up to date), 4) Electrical Supervisory Licence/ certificate for Electrical works only.

· DSC for Non-DDO Officers to Function as e-NIT authorities

Officers who are not DDO’s but need DSC to function as e-NIT authorities will have to procure the DSC-loaded USB token through their respective controlling departments.

· Guidelines regarding Financial Grant for Govt. Aided Colleges

Guidelines for submission of proposal for financial grant for construction of Building & other Civil Infrastructure of Govt.-aided Colleges for the current financial year, i.e., 2014-2015 for expeditious release/ utilization of Budget Grants.

· Amendment in Public Works Department Code

Care shall be taken to see that splitting up does not technically damage the structural soundness of the work as a whole and where such possibility exists, the work shall not be split up into smaller parts.

· Bidders undergoing Corporate Debt Restructuring

Financial soundness is judged on the basis of net worth and turnover and hence there is no scope to render a bidder ineligible simply because the bidder failed to earn profit in some years.

· Amendment of Rule 177 of WBFR regarding Tenders

Subject to any special rule or order or procedure that may be prescribed by the Government in respect of a particular department, open tender shall invariably be invited for execution of works worth Rs. 1,00,000/- or more.

· Amendment of West Bengal Financial Rules

Rule 47(14) – Subject to provision of these rules and any other special rules, suppliers/ service providers sometimes need to be registered or empanelled by the departments/ procurement entities on the basis of their qualification and competence because of the nature of the materials/ service to be procured.

· Submission of Hard Copy of EMD in case of e-Tender

Government has decided to relax the provision of submission of hard copy of the original EMD documents to the tender inviting authority before financial evaluations of bids in case of e-tender.

· Online Receipt and Refund of EMD through e-Tender Portal

EMD of the bidders disqualified at the technical evaluation will revert to the respective bidders accounts without any manual intervention following the same path in which the EMD was transferred from the bidder’s bank account to the pooling account electronically.

· Switch over to e-Tender Procedure by State Govt. Departments

Governor is pleased to decide that all the State Government Departments and subordinate offices should immediately switch over to the e-tender procedure through the State Government e-tender portal, namely, https://wbtenders.gov.in.

· Abolition of Enlistment of Contractors by Works Dte

The Works Departments shall abolish the system of enlistment of contractors. All works of and above Rs. 5 lakh for which e-tendering is mandatory would be awarded through open e-tender.

· Security Deposit and Earnest Money: Amendment in PWD Code

A security deposit of 12.5 lakhs was necessary for exemption of earnest money deposit while participating in tender. Such provision from Public Works Code is deleted.

· Reconstitution of Tender Committee of Public Works Department

In view of introduction of Integrated Finance Branch in Public Works Department a need was felt to reconstitute the existing Tender Committee for different wings of this department.

· Re-Constitution of State Level Core Committee iro e-Tender

Re-Constitution of State Level Core Committee for implementation and monitoring of e-tender process in Government departments and subordinate offices in the state.

· Mandatory e-Tendering for Value above 5 Lakhs

E-tendering is made mandatory for tender/ auction valued at and above Rs. 5 lakh. Detailed e-tendering procedure is prescribed in Note-2 below Rule 47(8) of WBFR.

· Exemption of Earnest Money and Security Deposit for SSI units

Exemption from payment of Earnest Money and Security Deposit given to Small Scale Industrial (SSI) units under rules 47A(1) and 47B(7) of West Bengal Financial Rules, Volume-I is applicable to supply contracts only and not to works contracts.

· Public Works Department Code – an Amendment

If upon calling for competitive tenders, the number of tenders received is less than three, the tenders shall be invited afresh. Such Re-Tender notice shall be published in widely circulated dailies for conventional NIT and also through e-Tender portal.

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