Monday 12 September 2016

KULDEEP KOHLI- REPRESENTATION BSF




INFRASTRUCTURE & DEFENCE ENTREPRENEURS’ ASSOCIATION

KULDEEP KUMAR KOHLI
PRESIDENT
         


Shri Jaideep Govind
Additional Secretary,
Left Wing Extremism,
Department of Home,
Ministry of Home Affairs,
North Blok, Central Secretariat,
New Delhi – 110001


BSF TENDER FOR 5485 PASSIVE NIGHT TELESCOPIC SIGHTS

GROSS VIOLATIONS OF CVC NORMS BY CHANGING THE TERMS AND CONDITIONS OF THE TENDER UNDER THE GARB OF CLARIFICATION
……………………………………………………………………………………


Dear Sir,


Clause 6.9 of Schedule I of E: Qualifying/Eligibility Criteria: reads as under:
In case of bidder who wants to participate as OEM on TOT basis, the experience of TOT partner will also be considered.    These bidders will have to submit copy of complete TOT agreement along with the bids.
The above tender condition clearly means as under:
1. In case of bidder who wants to participate as OEM on TOT basis, the experience of TOT partner will also be considered. 
2. These bidders will have to submit copy of complete TOT agreement along with the bids.
The clarification on the said clause so issued by your Department reads as under:
1. Indian firm (as a lead bidder) taking technology from another Indian firm can participate in the tender subject to the condition that the firm, transferring technology to whosoever firm cannot participate as an OEM separately.

2. This implies to foreign firms too.
3. Such bidder will have to give an undertaking that the tender samples being offered by them for trials have been wholly manufactured by them and if at any stage it is established that there is any discrepancy in the samples/the firm burry any fact to BSF, their offer will be summarily rejected. 

4.  Further it will be at the discretion of the purchaser to get the audit of the ToT partner done and to ascertain the readiness and capacity of the bidder to supply the desired stores.

You would notice from the clarification as given in para 1, 2 and 3 that the same are not clarifications but alterations of the terms and conditions of the tender and condition number 3 is the one which completely changes the character of the qualifying eligibility criteria rendering so many genuine companies having Transfer of Technology Agreement with large technology firms ineligible for this tender who otherwise based on the clause 6.9 of Schedule I of TE qualifying eligibility criteria were eligible. This condition has not been given even in Para 11 anywhere.

The clarification that such bidders will have to give an undertaking that the tender samples being offered by them for trials, have been wholly manufactured by them, gives an indication that we will first have to establish a manufacturing facility even before the tender is finalised which certainly is not the intent as mentioned in clause 6.9 of Schedule I of TE qualifying eligibility criteria.

It is an established guidelines and important that the nature of any bid clarification does not materially change the substance of the bid requirement. 

If the substance of the requirement is changed, then the competition (tender) should be stopped and re-started using the revised specification i.e. all the potential bidders are afforded the opportunity to compete for the new specification.
It has to be remembered that bid clarification is not about trying to improve upon the criteria laid in the tender document but only a clarification. It is about ensuring that the bidder understands what the procuring entity requires any clarification issued by the procuring entity which leads to a change in the criteria as earlier laid in the tender document shall be considered as an alteration of the tender document and such clarification in no way can change the substance of the bid sought.

In this context it is also highlighted that the policy issued by the Govt for ‘Make in India’ will be compromised if we are not permitting new players, along with ToT partners, who are investing in infrastructure for manufacturing defence equipment and are infusing latest technology.

We would therefore request your kind indulgence in ensuring that all those who have bid in the tender are evaluated as per the criteria laid in the tender and not as per the clarification which infact is a change in the criteria.

Thanking you,

Yours faithfully

For INFRASTRUCTURE Development ENTREPRENEURS ASSOCIATION



(KULDEEP KUMAR KOHLI)



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