Violation Notes
(1) In terms of Rule-47(1) Single Stage One Envelope, the bidding procedure shall be used as the standard Bidding procedure for the procurement of goods, works, and services of a simple and routine nature and where no technical complexity or innovation is involved. However, in the instant case, which seems to be of a simple and routine nature, the procuring agency has used a single-stage two-envelope procedure. Besides, the evaluation criteria consist of only some documentary requirements, as the 'Single Stage One Envelope' procedure is appropriate. The Procuring Agency is advised to furnish justification for the same.
(2) Criteria is not clear about requisite list of machinery equipment, requisite list of Engineering and technical staff and its eligibility, therefore it required justification that on which grounds most advantageous bidder will be selected as required under amendment in SPP Rules, 2010 vide SGA&CD Notification No. SORI (SGA&CD)2-30/2010 dated 11.08.2021.
(3) In terms of Rule-21(A) of the SPP Rules, 2010, the Procuring Agency shall formulate an appropriate evaluation criteria, listing all the relevant information against which a bid is to be evaluated and criteria of such evaluation shall form an integral part of the bidding documents. The failure to provide a clear and unambiguous evaluation criteria in the bidding documents shall amount to mis-procurement. The procuring agency is therefore advised to make the evaluation criteria part of the bidding documents in terms of Rule-21(A) read with Rule-21(1)(h) and extend the response time accordingly.
(4) NIT & Bidding Documents do not show the clear Bidder Qualification requirement, the responsive bidder is based on the minimum managerial capacity, experience of similar projects/assignments, experience of professional persons and financial statement/ annual turnover; then responsiveness shall be decided on Yes/No basis; however when Marks are assigned to each criteria/sub criteria then minimum threshold is to be mentioned in the document/NIT, bidders obtaining score less than threshold shall be treated non-responsive. In the instant case, the Procuring Agency has assigned fixed marks for provision of documentary evidence without mentioning the sub-criteria, which may favor some bidder(s) who failed to provide some mandatory requirement and get passing marks i.e. 70% can easily qualify, as per Rule 21(A) & the guideline of SPPRA for procurement of works circulated vide SPPRA Notification no.DD (HRF&CB) /SPPRA/22-23/0942 dated 10th April, 2023; of SPP Rules 2010.
