Document Fragment View

Matching Fragments

43. Rule 173 of the General Financial Rules of 2017 deals with transparency, competition, fairness and elimination of arbitrariness in the procurement process. The said Rule 173 specifically deals as to how the modification to a bidding document can be done. Clause (iii) of Rule 173 of the General Financial Rules of 2017 being relevant is reproduced herein under:

"(iii) Modification to bidding document:
(a) In case any modification is made to the bidding document or any clarification is issued which materially affects the terms contained in the bidding document, the procuring entity shall publish or communicate such modification or clarification in the same manner as the publication or communication of the initial bidding document was made.
(b) In case a clarification or modification is issued to the bidding document the procuring entity shall, before the last date for submission of bids, extend such time limit, if, in its opinion more time is required by bidders to take into account the clarification or modification, as the case may be, while submitting their bids.
(c) Any bidder who has submitted his bid in response to the original invitation shall have the opportunity to modify or re-

Provided that the bid last submitted or the bid as modified by the bidder shall be considered for evaluation."

44. From the above quoted Clause (iii) of Rule 173 of the General Financial Rules of 2017, it is seen that in terms with Sub-Clause (a) in case there is any modification made to the bidding document or any clarification issued which materially affected the terms, conditions contained in the bidding document, the procuring entity shall publish or communicate such modification or clarification in the same manner as the publication or communication of the initial bidding document was made. Sub Clause (b) relates to extension of time in the circumstances if clarification or modification is issued to the bidding document. It obligates the procuring entity, before the last date for submission of the bid, to extend such time limit if in its opinion more time is required by the bidders to take into account the clarification or modification as the case may be while submitting their bids. Sub-Clause (c) further stipulates that in case a bidder who has submitted his bid in response to the original invitation shall have the opportunity to modify or resubmit it as the case may be or withdraw such bid in case the modification to the bidding document materially affects the essential terms of the procurement within the period initially allotted or such extended period as may be allowed for submission of the bids after the modifications are made to the bidding document by the procuring entity.

"23. Changes to bidding documents.-
(1) In case any modification is made to the bidding documents or any clarification is issued which materially affects the terms contained in-the bidding documents, the procuring entity shall publish such modification or clarification in the same manner as the publication of the initial bidding documents.
(2) In case a clarification or modification is issued to the bidding documents, the procuring entity may, prior to the last date for submission of bids, extend such time limit in order to allow the bidder's sufficient time to take into account the clarification or modification, as the case may be, while submitting their bids.