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i) Results in placement of order for the imported stores on F.O.B/F.A.S basis; for any departure,
the proposal is to be condoned by the concerned Director.
j) Leads to placement of import order on Indian Agents enlisted with DGS&D under
Compulsory Enlistment of Indian Agents Scheme of Finance (as per GOI) and that the amount
of agent’s commission, if any, agreed to between the foreign principals and the Indian Agent is
specifically disclosed and the Agency Commission is paid in Indian rupees only.
k) Considers the possibility to secure supplies and after sales service, etc., on reasonable terms,
directly without the involvement of an agent.
46. POST TENDER NEGOTIATIONS:
Negotiations, after opening of tenders, should normally be discouraged. Negotiations vitiate the
sanctity of the tendering system and reduce the credibility of the organisation. Quality becomes
the casualty. Unless some definite evidence is forthcoming to show that the prices/rates received
are unreasonably high, negotiations should not be resorted to at all.
No approval from tender inviting authority may be required in post-bid negotiation with bidder
for seeking techno-commercial clarification (having no financial implication) and additional
data/clarification from the participating bidders when the price bids are yet to be opened.
However, minutes and correspondence related to such clarification shall be placed in the file.
In general, there should not be any price negotiations. Price negotiations if at all shall be an
exception and only in the case of proprietary items or in the case of items with limited source of
supply. Counter offers tantamount to negotiations and should be treated at par with negotiation.
Negotiations can be recommended by Tender Committee in exceptional circumstances only after
due application of mind and recording valid, logical reasons justifying negotiations. In case of
inability to obtain the desired results by way of reduction in rates and negotiations prove
infructuous; satisfactory explanations are required to be recorded by the committee who
recommended the negotiations. The tender committee shall be responsible for lack of application
of mind in case its negotiations have only unnecessarily delayed the award of works/contract. In
case of L 1 backing out there should be retendering.
In the above backdrop, price negotiation with L 1 bidder can be taken up with the approval of one
step superior than the Tender Inviting Authority as per relevant DFP. If the tender inviting
authority is CMM/Plant Chief /Sr. CE/CE/HOD approval for price negotiation with L 1 bidder
may be obtained from them without going to one step superior. In all cases negotiation will be
conducted by respective level based TC.
47. PROCESS ROUTE POST TENDER OPENING:
The process route of any procurement/works related case file is detailed as below:
W& P Manual – 2012 Page 73