The query is, "Suppose in our tender, one party has submitted a work order from a client and a completion certificate as experience proof. Now, to authenticate it, we normally ask him to provide payment proof in bank. If the bidder says that he has still not raised the invoice and has not received the payment, then how to make sure that the vendor has not submitted a forged work experience proof. It might be a case that the bidder gets in writing from some of his relative who has a firm, that he was awarded a work order and he executed it. And actually he might not have the experience and no payment proof is there."
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Dear Client,
Experience certificate shall be verified from the dept. which issued it. Along with it,other do cements like bank statement, GST paid and if old experience than VAT no. etc. If all, the client failed to provide his offer shall be rejected being ineligible.
Is there a law which mandates issue of invoice or payment when work is completed? If payment is not made or invoice is not issued, then the contract may become null and void?
You can cross verify the same through his past experience work assignments.
It is up to party who has applied for tender, if failed to submit documents, he is only liable for rejection. Requisite documents are informed in tender documents, same mandates such documents.
There's no direct law on this point.
The tender preconditions and terms and conditions have to be adhered to meticulously.
You cannot insist for submission of documentation not given for/called upon through the tender document. Thus, if the only requirement under the terms and conditions to substantiate experience is that of submission of experience certificate, you cannot insist that payment proof be also supplied.
I am asking this question to frame the terms and conditions of tender as we are not sure whether payment proof should be mandatory or not? If a party has not recived full or partial payment, he'll not be eligible. But also some vendor can submit a false work order and experience certificate on letterhead when actually he has not done that work.
Eligibility shall be include Bidder’s profile, references reflecting similar work and related experiences and proof in support of and Exclusion of Bids/ Disqualification - if submitted false, inaccurate or constituted a misrepresentation information etc.
Certificates are subject to cross verification.
It has been held in the various decisions as stated above that the terms of invitation of tender are not open to judicial scrutiny. The court would interfere with the administrative policy decision only if it is arbitrary, discriminatory, malafide or actuated by bias. The court cannot strike down the terms of the tender prescribed by the Government because it feels that some other terms in the tender would have been fair, wiser or logical. The courts can interfere only if the policy decision is arbitrary, discriminatory or malafide.
To me it appears that you can very well have a condition like this in the tender document. There is no infirmity with this condition.
He can submit but that needs to be verified by the authority seeking same.
1) you can insist on work order and completion certificate by the tenderer
2) there should be clause that if it is found that it is false certificate award of contract shall stand cancelled
There has to be purchase order , invoice and delivery challan as proof of work done by tenderer
You can get terms of contract vetted by local lawyer
You dont worry about his reply, you may stick to your own rules as mentioned in the agreement.
If he is not providing the proof of the execution of work to your satisfaction, you may not consider his bid or tender, reject it after having given him an opportunity.
He cannot agitate since he is at fault or let him prove his case and establish his genuineness.
You require proof of his work execution to confirm completion as proof of his experience and for that the methods adopted by you cannot be questioned by the contractor, it is his duty to satisfy you by proving his genuineness as per law or otherwise.
There is nothing wrong in you insisting the details of payment or invoices raised for the work completed by him which would enable you to assess his experience before handing over the project to him.
You can always include such clauses which would enable you to confirm the experience of the contractor who has bid here and in that if this method is adopted by you, then the bidders cannot dispute it instead they may have to comply with the conditions to establish their genuineness.
Put a condition in tender document that
payment proof is mandatory for applying the tender,
and in case of tenderer, who has the work order and completion certificate only and do not have payment proof, can aalso apply subject to submission of payment proof within (specified ) time.
In case of failure in submitting payment proof within the specified time, tender will be cancelled at their risk and cost.
Or something like that...........
