Rule 165 of The General Financial Rules 2017 Late Bids
Original Rule Text
Visual Summary
Received after deadline.
Advertised or Limited.
Ensures fairness & discipline.
Executive Summary
Rule 165 of The General Financial Rules, 2017, mandates that bids received after the specified deadline for advertised or limited tender inquiries must not be considered. This provision is crucial for maintaining transparency, fairness, and efficiency in the government procurement process by ensuring strict adherence to submission timelines.
In-Depth Analysis of the Rule
Rule 165, titled ‘Late Bids’, is a concise yet critical regulation within the General Financial Rules, 2017. Its primary objective is to establish a clear and unambiguous standard for handling tender submissions that fail to meet the stipulated deadlines. This rule reinforces the principles of fair competition and disciplined procurement practices.
Breakdown of the Rule:
- Scope of Application: The rule explicitly applies to two specific types of tender inquiries: ‘advertised tender enquiry’ and ‘limited tender enquiry’. This means its mandate is binding for these common procurement methods.
- Definition of Late Bids: A ‘late bid’ is defined as any bid received after the ‘specified date and time for receipt of bids’. This leaves no room for subjective interpretation regarding what constitutes a late submission.
- Mandatory Rejection: The core directive is that such late bids ‘should not be considered’. This is a strict instruction, emphasizing that no discretion is to be exercised in favor of a late submission, regardless of the reason for the delay.
- Underlying Rationale: The strict enforcement of deadlines prevents potential manipulation, ensures all bidders operate on an equal footing, and streamlines the evaluation process by eliminating the need to assess non-compliant submissions. It promotes a culture of punctuality and professionalism among prospective suppliers.
Practical Example:
Consider a government department issuing an ‘advertised tender enquiry’ for IT equipment, with a submission deadline of 3:00 PM on October 26, 2024. A vendor, due to unforeseen traffic, arrives at 3:05 PM with their bid. According to Rule 165 of The General Financial Rules, 2017, the department’s procurement officer must reject this bid without opening it, even if the delay is minor. This strict adherence ensures fairness to all other vendors who submitted their bids on time.
Related Provisions
Rule 165 operates within a broader framework of procurement regulations. Other relevant rules include:
- Rule 161 of The General Financial Rules 2017 Advertised Tender Enquiry: Details the process for inviting tenders through advertisement, a method to which Rule 165 directly applies.
- Rule 162 of The General Financial Rules 2017 Limited Tender Enquiry: Outlines the procedure for limited tender inquiries, another method where late bids are not considered.
- Rule 173 of The General Financial Rules 2017 Transparency Competition Fairness And Elimination Of Arbitrariness In The Procurement Process: Provides the overarching principles of public buying, which are upheld by the strict enforcement of deadlines under Rule 165.
Learning Aids
Mnemonics:
- 165: Late Bids Not Considered – LBN Can’t be.
Process Flowchart:
Multiple Choice Questions (MCQs)
1. What does Rule 165 of The General Financial Rules, 2017, primarily address?
- A) Procedures for bid evaluation
- B) Guidelines for contract negotiation
- C) The treatment of bids received after the specified deadline
- D) Criteria for selecting suppliers
Show Answer
Correct Answer: C) The treatment of bids received after the specified deadline
2. Under Rule 165 of The General Financial Rules, 2017, which types of tender inquiries are specifically mentioned regarding late bids?
- A) Global Tender Enquiry and Single Tender Enquiry
- B) Advertised Tender Enquiry and Limited Tender Enquiry
- C) Two-Stage Bidding and Electronic Reverse Auction
- D) All types of tender inquiries
Show Answer
Correct Answer: B) Advertised Tender Enquiry and Limited Tender Enquiry
3. According to Rule 165 of The General Financial Rules, 2017, what action should be taken for bids received after the specified deadline?
- A) They should be considered with a penalty.
- B) They should be considered if the delay is minor.
- C) They should not be considered.
- D) They should be forwarded to a higher authority for review.
Show Answer
Correct Answer: C) They should not be considered.
4. The principle behind Rule 165 of The General Financial Rules, 2017, is to ensure:
- A) Flexibility in procurement timelines.
- B) Maximum participation from all vendors.
- C) Fairness, transparency, and efficiency in the procurement process.
- D) Prioritization of local suppliers.
Show Answer
Correct Answer: C) Fairness, transparency, and efficiency in the procurement process.
5. If a bid is submitted one hour after the deadline for an advertised tender inquiry, what is the prescribed action under Rule 165 of The General Financial Rules, 2017?
- A) It should be accepted with a late submission fee.
- B) It should be opened and evaluated normally.
- C) It should not be considered.
- D) The procurement officer has discretion to accept or reject it.
Show Answer
Correct Answer: C) It should not be considered.
Frequently Asked Questions
Q1: Why are late bids not considered under Rule 165 of The General Financial Rules, 2017?
A: Late bids are not considered to ensure fairness, transparency, and efficiency in the procurement process. Adhering to strict deadlines prevents favoritism, potential manipulation, and ensures all bidders compete on equal terms.
Q2: Does Rule 165 of The General Financial Rules, 2017, apply to all types of procurement methods?
A: No, Rule 165 specifically states its applicability to ‘advertised tender enquiry’ and ‘limited tender enquiry’. Other procurement methods may have their own specific rules regarding bid submission timelines.
Key Takeaways
- Rule 165 strictly prohibits the consideration of bids received after the specified deadline.
- This rule applies to both advertised and limited tender inquiries.
- Its enforcement is crucial for maintaining fairness, transparency, and efficiency in government procurement.
- Adherence to submission deadlines is mandatory for all prospective suppliers.
Conclusion
Rule 165 of The General Financial Rules, 2017, serves as a cornerstone for disciplined and equitable procurement practices. By unequivocally stating that late bids will not be considered, it sets a clear standard that fosters trust in the tendering process and ensures that all participants operate under the same set of rules. This seemingly simple rule has profound implications for the integrity and effectiveness of public spending.