13 Tender Evaluation
13.1 Technical comments/Technical evaluation report on offers
13.1.1 In all cases where technical evaluation is involved, the offers shall be referred
to the indentor and its comments put up to tender committee. In case of
QCBS, scores for all parameters related to technical evaluation will also be
sent by the indentor and put up to tender committee.
13.1.2 15(fifteen) days for LSTK/ 7 (Seven) days for every other purchases time will
be allowed to Indentor / User to furnish the Technical Comments/ Technical
evaluation report in case of two bid system. In case of LSTK projects by
Offshore & Onshore Engineering Services, preparation of technical evaluation
report should be completed within 15 days time and will be approved by Level
II officer of design section within 3 days and forwarded to MM section through
Head Works for holding the tender committee. It will be ensured by the User
Depts. that comments are invariably furnished within specified time. Indentor /
User will be fully responsible for the acceptability of the materials
recommended for purchase.
13.1.3 The Indentor's/Technical representative of Tender Committee shall scrutinize
the quotations (already forwarded to the technical section) and in case of
QCBS the scores, in advance from the technical angle before attending the
Tender Committee meeting.
13.1.4 The technical part of the comparative statement will be created along with the
technical comments/technical evaluation report by the indentor
13.1.5 The role of the indentor will be performed by technical project group in the
case of civil works.
13.2 Level for technical comments on offers
13.2.1 Technical Comments level means that the indenting person who is sitting in TC and the person who is furnishing technical comments will be at the same level.
13.3 Comparative statement
13.3.1 After all the quotations have been opened, these will be handed over to the
Dealing asstt./Dealing officer concerned for making comparative statement.
13.3.2 All the bids received in respect of an enquiry or advertisement should be
tabulated in the comparative statement (in the standard from (Appendix-15)
prescribed for this purpose). In QCBS, the comparative statement will contain
scores in both stages under 'Two bid' system. All details required will be
entered in the statement. For the tenders invited under ‘Two bid’ system,
Comparative Statement should be prepared at each stage (i.e. after opening
of techno-commercial bid and price-bid) and the commercial part of the
comparative statement at techno-commercial stage and the comparative
statement at price bid stage will be duly vetted by Finance as per provisions
under clause-13.3.8 and 13.3.10 below.
13.3.3 Every section will ensure that the comparative statement is prepared within
shortest possible time, not exceeding 04 days of the receipt of the quotations
after techno-commercial bid opening and not exceeding 03 days after price
bid opening.
13.3.4 The commercial part of the comparative statement at techno-commercial
stage as well as the comparative statement at price bid stage will be prepared
and signed by the concerned Dealing Asstt ./ Dealing Officer of MM
department.
13.3.5 At the techno-commercial evaluation stage, the comparative statement should
be objectively prepared covering all the techno-commercial points of the
tender required for evaluation. Compliances and non compliances and scores
(in the case of QCBS) against all the requirements of BEC and the deviations
/ exceptions (if any) should be clearly spelt out in the comparative statement.
13.3.6 Documents available in public domain shall not be considered for qualification
of bids.
(MM/54/2020 dated 29.01.2020)
13.3.7 At the price-bid evaluation stage, it should be ensured that the rates
mentioned in the comparative statement are in one unit so that comparison
can be made at a glance. The final evaluation prices and scores (in the case
of QCBS) for each bidder should be worked out as per evaluation criteria and
to be tabulated in the Comparative Statement, after taking into account all the
charges / statutory levies, which are to be paid by ONGC. While evaluating
the bids, the closing currency exchange rate as applicable on the day prior to
the price bid opening as per “Daily” Closing exchange rate published
on Thomson Reuters internet site https://in.reuters.com/markets/currencies,
upto three places of decimal, will be taken into account for conversion of
foreign currency into Indian Rupees. The exchange rates presently appearing
on the right hand corner of the exchange rate chart of the said internet site
shall be considered as closing rate for the day.
13.3.8 The comparative statement will be checked and signed by the officer of
Materials Management/Tender processing group and Finance for vetting(only
for tenders exceeding the value of Rs.1,00,000.00 ) as per monetary limits
indicated below before the same is submitted with details / due
recommendations to Tender Committee / Competent Purchase Authority:
Monetary Value Level of Officers
Upto Rs.15 lakhs E 1 of MM/Finance/Tender Processing group
Above Rs.15 lakhs to Rs.75 lakhs E 2 of MM/Finance/Tender Processing group
Above Rs.75 lakhs to Rs.150 lakhs E 3 of MM/Finance/Tender Processing group
Above Rs.150 lakhs E 4 of MM/Finance/Tender Processing group
13.3.9 The above check will be exercised by respective officers as far as possible.
In the event an officer of the required level is not available, an Officer
immediately next below level would exercise the check.
(MM/48/2019 dated 07.02.2019)
13.3.10 The comparative statement (commercial) will be checked by the associated
Finance. The comparative statement (commercial) will invariably be vetted
within shortest possible time, not exceeding 02 days of its receipt in Finance.
Each page of the comparative statement will be initialled / e-signed by both
the Materials Management Officer and the Finance & Accounts Officer as
per above Monetary limits.
13.3.11 In the cases where Tender Committee is required to be held, a copy of the
Comparative Statement should be made available to the members of the
Tender Committee at least 48 hours before the first meeting of the
committee.
13.3.12 However, for subsequent meetings of Tender Committee, copy of CS and
such details are not required to be sent to TC members in advance.
13.4 Clarification from bidders after tender opening
13.4.1 As a principle, clarifications from bidders after opening of tenders are to be
avoided in single bid system and after price bid opening in two bid system.
13.4.2 At the techno-commercial bid evaluation stage (under two bid system) also,
post tender clarifications should be avoided, as far as possible. In case
implied clarifications / confirmations exist in the bid on the issues involved,
work center may consider processing of the bid further on the basis of such
implied confirmations.
13.4.3 However, in case after opening of un-priced techno-commercial bids, if it is
observed that clarifications from the bidders on important techno-commercial
aspects are necessary for enhancing competition in the tender, seeking
confirmations from the bidders is allowed, on the issues where the bidder
confirms compliance in the evaluation matrix and contradiction exists on the
same issue due to lack of required supporting document in the bid (i.e.
document is deficient or missing) or due to some statement at other place of
the bid (i.e. re-confirmation of compliance) or vice-versa. The bid refers to
un-priced bid in case of two bid system. Bidders should be asked to indicate
their compliance in terms of works “Confirmed/Not Confirmed” to avoid any
misinterpretation.
Accordingly, the following guidelines are provided to deal with various
situations, irrespective of the number of clear TA/CA bids received against
the tenders:
(i) Situation: Bidder has confirmed compliance in the evaluation matrix
and given details in the bid, but either failed to enclose the required
supporting document or the submitted document is deficient.
Illustration: The bidder has claimed to meet the experience criteria in the
evaluation matrix and given the details of experience in the bid, but has
not submitted the supporting documents.
Guideline: Bidder can be asked to furnish the supporting documents.
However, the supporting documents should not contradict the details
already given in the original bid.
(ii) Situation: The bidder confirms compliance in the evaluation matrix, but
there exists a contradiction to compliance somewhere in the bid or the
catalogue etc. (or vice-versa).
Illustration: The bidder confirms to supply as per specification, in the
evaluation matrix, but the detailed bid / catalogue submitted with the bid
indicates a deviation to the specification.
Guideline: Bidder can be asked to furnish confirmation on the issue.
Documents in support of the clarification can be sought, if necessary, but
such document must not contradict the documents already submitted,
otherwise the bid should be rejected.
(iii) Situation: Bidder has not indicated any response to a clause of bid
document, in the evaluation matrix but there exists a confirmation to the
said clause in the detailed bid.
Illustration: Bidder has not responded whether payment terms of ONGC
are accepted, in the evaluation matrix. However, the bidder has
confirmed acceptance of payment terms elsewhere in the bid.
Guideline: No further confirmation is required from the bidder on the issue,
as the bidder has already confirmed his acceptance, notwithstanding his
silence in the evaluation matrix.
(iv) Situation: The bidder has taken clear deviation to any of the
terms/specification of the bid document.
Illustration: Against requirement of firm rates in a case of domestic
bidding, the bidder has linked his rates to foreign currency.
Guideline: Bid should be rejected straightaway, without any reference to
the bidder.
(v) Illustration: Bidder who has not submitted POA
(MM/10/2016 dated 23.03.2016)
Guideline: Bidder may be asked to submit original POA as deficient
document. However, it should be ensured that POA is submitted in the
name of same person who has signed the bid.
In cases of single bid system, similar approach shall be adopted for
seeking of confirmations from bidders. However, prior approval of CPA
must be obtained in such cases. Concerned L-1 shall have full powers in
this regard.
It must be noted that no opportunity is to be given to the bidder if EMD is
not submitted along with the original bid and such bid should be rejected
straightaway.
(MM/48/2019 dated 07.02.2019)
13.4.4 Wherever TC is held, it will deliberate specifically on the issues requiring
clarifications/ confirmations/deficient documents from the bidders. In order to
ensure pointed query which is unambiguously understood by the bidders, the
tender requirement as covered in the provisions of the BEC, the details
provided by the bidder in their offer, the deficiencies in relation to the BEC
requirement should be deliberated in the TC. The recommendation shall be
put up to CPA for approval. Concerned Key Executive (Level I) will have full
powers to approve seeking of clarifications/confirmations/deficient documents
from the bidders for cases falling within the powers of Directors and EPC.
With a view to widen competition in the tender where Post Bid Conference as
per Para 13.4.13 is not applicable, decision would need to be taken on case
to case basis as to whether one more round of clarifications need to be
sought from the bidders. In that case, TC will deliberate specifically on the
issues requiring second round of clarifications/ confirmations/ deficient
documents and submit their recommendations to CPA for approval for asking
the bidders to submit clarifications/ confirmations/deficient documents after
recording proper justification for the same. Concerned Key Executive shall
have full powers to approve seeking the second round of clarification /
confirmation / deficient documents, including in cases falling within the powers
of Directors and EPC.
Cases where post bid conference as per para 13.4.13 is held, normally
second round of clarification shall not be required. However in exceptional
situations where second round of clarifications are unavoidable, approval of
concerned Key Executive shall be required recording proper justification.
(MM/10/2016 dated 23.03.2016)
13.4.5 The clarifications (commercial and technical including withdrawal of
exception/deviation taken by the OEM/OES) shall be sought by the
concerned dealing Officer in MM or tender processing section directly
without holding the Tender Committee but based on commercial
evaluation by MM (in case tender is being processed by MM) and/or
techno-commercial evaluation by Technical Section.
13.4.6 It is to be checked that the bidders have confirmed compliance in the unpriced bid as regards meeting of all the important BEC and tender
conditions like mobilisation fee, annual turnover and net worth etc. that is
those conditions whose actual compliance can be known only after price
bid opening. In case any ambiguity is observed during techno-commercial
evaluation, specific confirmation should be obtained from the bidder.
13.4.7 Clarifications should be sought from bidders, by specifying a reasonable
cut-off time for submission of clarifications/ confirmations/ deficient
documents. Sufficient time should be given to the bidders to submit their
responses depending upon the nature of
clarifications/confirmations/deficient documents which are required to be
submitted. However, in the event of an unscheduled holiday falling in the
specified day of the ‘cut off time‘, the next working day shall be treated as
the ‘cut off time’. In all other situations, if an extension for the ‘cut off time’
is felt necessary based on request received from the bidder(s), approval
should be obtained from CPA. For cases falling under the powers of
Director/EPC, approval of concerned Director shall be obtained. Such
approval for the same should be obtained before the expiry of the
specified ‘cut off time’ and the decision should be communicated to all the
bidders from whom the clarifications/conformations/deficient documents
have been sought.
(MM/10/2016 dated 23.03.2016)
13.4.8 Clarifications / confirmations / deficient documents received after the stipulated
cut-off date against the first round of post-bid clarifications, can be considered
through second round of clarifications, in case the same is resorted to. The
clarifications / confirmations / deficient documents which are received after the
specified cut-off date against the second round and first round (in case second
round is not resorted to) should be considered only in exceptional situations
depending upon merit of the case, with the approval of the authority next higher
to the CPA, after recording detailed justification for considering such offers. For
cases falling under the powers of Director / EPC, approval of concerned Director
shall be obtained.
13.4.9 The guiding principle in accepting clarifications is that the basic structure
of the bid already submitted by the bidder should not be allowed to
change after opening of bids.
13.4.10 When clarifications are sought from a bidder, documents which have been
submitted by the bidder in response to clarification sought by ONGC and
are post Technical bid opening date can be accepted subject to the
condition that the basic structure of the bid and the vital technocommercial BEC parameter on the basis of which the bid has been
originally submitted, should not change.
13.4.11 Any technical clarifications/confirmations/deficient documents required by
the User/Indenting Department should be routed through concerned
Materials Management/Tender processing group.
13.4.12 In the event of non-submission of ‘Bid Matrix’ by any bidder whose offer is
acceptable in all other respects, the ‘Bid Matrix’ should be obtained before
accepting such offer.
(MM/48/2019 dated 07.02.2019)
13.4.13 Post bid conference: (applicable for tenders valuing above Rs. 1
Crore):
Due to Multiple rounds of clarifications primarily arising out of bidders not
completely understanding the intent of clarifications sought by ONGC lead to
delay in processing of tenders. In order to avoid such delays, post bid
conference shall be held.
For holding Post Bid conference following process shall be followed:
i. Clarifications / confirmations / deficient documents required from each bidder
as deliberated in TC and brought out at para 13.4.4 shall be clearly spelt out
in the letter to the bidders.
ii. Bidders shall be informed that in order to address bidders’ doubts, if any, only
on the clarifications / confirmations / deficient documents being sought, a post
bid conference shall be held by ONGC with bidders who seek to have the
meeting, on one to one basis. Interested bidders may attend the same. No
issues other than the listed queries pertaining to clarifications / confirmations /
deficient documents sought by ONGC shall be discussed in post bid
conference.
iii) It shall also be informed to the bidders that if they choose not to seek/request
for a post bid meeting, it will be noted by ONGC that such bidder(s) has well
understood the query of ONGC.
iv) Accordingly, in case bidder has completely understood the queries and they
have no doubts, they may submit their replies within the date specified for
submission of clarifications.
v) Bidders who attend the post bid conference shall provide the following
undertaking immediately on conclusion of the post-bid conference:
“This is to confirm that we ….. (name of the bidder) have attended the post bid
conference on … and have fully understood the queries of ONGC issued vide
their Letter No. … Dated….”
(vi) Bidders shall depute their competent employee(s) /authorised
representative(s) for the Post-Bid Conference.
(vii) Only those bidders from whom clarifications have been sought shall be
eligible for post bid conference..
(viii) Bidder(s) shall be required to provide details (Name, Designation/status,
mobile no. etc) of its employee/(s)/authorised representative(s), who will
attend Post Bid Conference and those person(s) only will be permitted to
attend the post-bid conference.
ix) List of attendees along with their signatures shall be recorded.
x) The Post bid Conference shall be attended by TC.
13.5 Correspondence with bidders by indentors
13.5.1 Before finalisation of the tender, all correspondence with the bidders must
be done by concerned Materials Management/Tender processing group.
However, after placing supply order / contract, if considered necessary,
the indentor(s) may interact with supplier(s) / contractor(s) for any
clarification provided the same does not result into modification of any
condition of supply order / contract and does not involve financial
implications. However, copy of such correspondence must be marked to
MM Department for record. In case of LSTK projects, correspondences
with suppliers/contractors shall be carried out by Indentor/Project
group/Project management consultant directly after award of work in
addition to MM.
13.5.2 It must be ensured that clarifications asked for by the Indentor(s) did not
have any bearing on the price aspect.
13.6 Request for extension in validity of bid
13.6.1 Tenders should be finalized within the stipulated original validity of the bids
and that cases requiring extension of validity should be rare. However, in
the exceptional cases where the concerned executives involved in
processing of tenders feel that it would not be possible to finalize the
tender within the original validity, extension in bid validity should be
sought so as to ensure that a minimum bid validity of 30days for EPC
level cases and 21 days for non-EPC cases is available from the date of
price bid opening. Accordingly, Bid Security validity should also be
available for a further period of 30 days beyond the said bid validity.
However, seeking further extensions of bid validity and bid bond validity
should be avoided after price bid opening. In exceptional cases, if
extension is required in bid validity and bid bond validity, after price bid
opening, then the same should be obtained from the clearly established L-
1 bidder only. However, in cases where it is required to have more than
one source of supply or if the tendered quantity is more than what L-1
bidder can supply, then in those cases bid and bid bond validity should be
obtained from all those bidders who are in contention for award of
contract.
(MM/26/2017 dated 21.06.2017)
13.6.2. Bid and Bid Bond validity shall not be sought for the bids rejected and duly
approved by CPA.
