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Dnyaneshwar Vaidya (Officer)     28 August 2025

Tender related query

Respected Sir 

A tender was published with VQC which contains financial capability technical capabilities and the firm's has to qualify 95% of it which includes fdi% bussiness suspended by govt wilful defaulter etc

4 firms have qualified technically but they have not submitted above documents with original bid and submitted the same afterwards by email I am of the opinion that 4 firms has to be disqualified as they have not submitted the said documents with the original bid but the evaluating committee is against it ??

 

Who is the correct in this scenario??? Pl help??

 

Thank You 🙏 🙏 



 4 Replies

T. Kalaiselvan, Advocate (Advocate)     28 August 2025

The terms and conditions of the tender floated is to be scrutinized for rendering proper opinion 

Vishesh K Sapra (Advocate Supreme Court (888-215-3399))     28 August 2025

Hi sir, I have handled this situation before, based on standard tendering procedures under the General Financial Rules (GFR) and the principles of public procurement, all mandatory documents stipulated in the tender notice, especially those forming part of eligibility criteria such as financial capability, technical capability, and compliance declarations (FDI %, wilful defaulter, suspension by govt. etc.), must be submitted with the original bid before the submission deadline. Submission of these documents after bid opening, even by email, generally amounts to post-bid supplementation, which is not permissible unless explicitly allowed in the tender conditions. This ensures fairness, transparency, and a level playing field.

If the tender document clearly specifies that such documents are part of the qualification criteria and must be submitted with the bid, failure to do so renders the bid non-responsive and liable for rejection. Accepting them later could violate procurement norms and open the process to legal challenge by other bidders. The evaluation committee’s decision to accept late submissions should be weighed against the risk of breaching tender rules and facing audit or judicial scrutiny.

A balanced resolution could be to strictly follow the tender terms: disqualify bids missing mandatory documents at submission time, unless the tender conditions explicitly permit post-bid clarifications for non-material deficiencies. Otherwise, the integrity of the process could be compromised.

For more info contact adv.vishesh@icloud.com for more detailed guidance.

Dnyaneshwar Vaidya (Officer)     28 August 2025

Thanx a lot Sir.....

Ravikant Mani Tripathi (Advocate at District and session court Sultanpur Uttar Pradesh )     31 August 2025

As far as I know a bid consist of majorlly 2 aspect one is technical and other is financial and both forms a important ingredient for finalising the tender , the bid document clearly specifies what all documents one need to submit for finalizing the candidature for bid participation , if some documents are submitted later was that even allowed as per the bid document is the question , if that was not allowed it means that there exist a lacunae in the bid selection process, you can take the course of tbe court to challenge the  bid evaluation procedure.


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