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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Correspondence Address | V 3/11, PHASE III, DLF CITY, Gurgaon - 122001.
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