RAJASTHAN TRANSPARENCY IN PUBLIC PROCUREMENT RULES, 2013
(1) These rules may be called the Rajasthan Transparency in Public Procurement Rules, 2013.
(2) They shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
(1) In these rules, unless the context otherwise requires,--
(i) "Act" means the Rajasthan Transparency in Public Procurement Act, 2012 (Act No. 21 of 2012);
(ii) "competent authority" means an authority or officer to whom the relevant administrative or financial powers have been delegated for taking decision in a matter relating to procurement;
(iii) "form" means form appended to these rules;
(iv) "international competitive bidding means a bidding process in which qualified bidders from all over the world, except those having nationality of a country declared ineligible by the Central Government, are allowed to participate;
(v) "national competitive bidding" means a bidding process in which qualified bid
(1) Every procuring entity shall constitute one or more committees for the following purposes, namely:--
(a) Preparation of bidding documents;
(b) Opening of bids;
(c) Evaluation bids;
(d) Monitoring of contract;
(e) Spot Purchase;
(f) Competitive negotiation; and
(g) Any other purpose relating to procurement, as may be decided by the procuring entity.
(2) Each committee shall consist of three or more members including senior most accounts officer or official of the procuring entity, and if required, a technical official may be nominated by the procuring entity. A consulta
The State Public Procurement Portal, in addition to information specified in clause (a) to (g) of sub-sec. (3) of Sec. 17, shall provide access to such other information as may be specified by the State Government, from time to time. Every procuring entity shall upload and publish the required information on State Public Procurement Portal maintained by the State Procurement Facilitation Cell.
All subject matters of procurement of an estimated value, as may be notified by the State Government under sub-sec. (2) of Sec. 28, shall be procured through e-procurement. In such cases every bidder shall deposit user charges as may be fixed by the State Government, from time to time. Every bid shall be digitally singed by the bidder. The procedure of e-procurement shall be as specified for this purpose on the State Public Procurement Portal.
In every case of a procurement, the procuring entity shall first determine the need and maintain documents relating to determination and assessment of need in accordance with the provisions of Sec. 5.
(1) A procurement plan shall be prepared by every procuring entity for each of the item of goods, works or services to be procured during the year in accordance with Sec. 5.
(2) The Procurement plan shall specify the following:--
(a) Nature of Procurement-Goods/Works/Services;
(b) Major Specifications-Quantity/Type/Quality;
(c) Estimated Value;
(d) Source of Funds-Plan/Non-Plan/Central Sponsored Scheme/Externally Aided Project/Others;
(e) Budget Code;
(f) Procurement Method likely to be followed;
(g) Timeframe for Bid Process; and
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Each procurement process undertaken by any procuring entity shall have a Unique Bid Number which shall be used for tracking purpose during and after the bid process. The Unique Bid Number shall be designed like a code to reflect department/Procuring Entity, type of procurement, threshold value of procurement and method, year and serial number of bid in that particular year.
(1) Every procuring entity shall develop and maintain a Procurement Management Information System for tracking the procurement process, which shall include the following, namely:--
(a) In order to track the performance of the procurement process, information shall be collated at the procuring entity level on quarterly basis and be available for reference at procuring entity level at all times and shall be sent for collation to the respective Administrative Department. The Administrative Department shall further send the aggregated Procurement Management Information to the State Procurement Facilitation Cell quarterly.
(b) The Management Information System shall cover the entire procurement cycle and incorporate performance targets set for various processes.
(c) The Procurement Management Infor
Each procuring entity shall maintain a procurement register and ensure the safe custody of the procurement register.
For each procurement, it shall be necessary to obtain all required approvals and sanctions as applicable. In case of procurement of works, this shall include administrative sanction, financial sanction, technical sanction and appropriation or re-appropriation. The procuring entity must have the necessary financial powers delegated to it for procurement of the subject matter.
The obligations related to value of procurement shall be as per the provisions of Sec. 8.
(1) The procuring entity, at the time of inviting the participation of bidders in the procurement process, shall declare whether participation of bidders is limited or not and if limited, grounds thereof. Suck declaration may not ordinarily be altered later.
(2) Normally the procedure of National Competitive Bidding (NCB) shall be adopted. The procedure of International Competitive Bidding (ICB) may be adopted if there is such a condition of adopting International Competitive Bidding for certain procurements under an obligation of an agreement with an intergovernmental international financing institution, or the subject matter of procurement is such that in the opinion of the procuring entity, it will be in the public interest to adopt International Competitive Bidding, after recording reasons.
Subject to the provisions of the Act, these rules, any additional conditions notified under Sec. 37 and guidelines issued under the Act, a procuring entity may procure a subject matter of procurement by any of the methods specified or notified under sub-sec. (1) of Sec. 28.
Procedure for procurement of a subject matter through open competitive bidding shall be as specified in Chapter-V of these rules.
(1) In case of procurement of a subject matter as per clause (b) of sub-sec. (1) of Sec. 30, a procuring entity may adopt the method of limited bidding if the estimated cost or value of the subject matter is less than Rupees two lakh on one occasion but it shall not exceed Rupees ten lakh in a financial year.
(2) The procedure for limited bidding shall be as under:--
(a) The procuring entity shall issue an invitation to bid by exhibiting it on the State Public Procurement Portal and by writing directly, and on the same day, to--
(i) all the bidders who can supply the subject matter of procurement in terms of clause (a) of sub-sec. (1) of Sec. 30; or
(ii) all the bidders who are registered for the subject matter of procurement with the procuring enti
(1) In addition to the conditions enumerated in sub-sec. (1) of Sec. 31, a procuring entity may procure the subject matter by the method of single source procurement, if--
(a) Hiring of the services of consultant or professional is required, for a maximum period of twelve months and up to financial limit of Rupees five lakh in each case, subject to delegation of financial powers; or
(b) Price of subject matter of procurement is administered by the State Government or the Central Government.
(2) The procedure for single source procurement shall be as under:--
(a) The procuring entity shall solicit a bid from the single prospective bidder and shall also exhibit the invitation to bid on the State Public Procurement Portal if the value of procurement is
The procedure for two stage bidding shall be as under:--
(a) In the first stage of the bidding process, the procuring entity shall invite proposals containing the professional and technical competence, qualifications of bidders regarding the subject matter of procurement and contractual terms and conditions of the proposed procurement;
(b) All first stage bids, which are otherwise eligible, shall be evaluated in accordance with the procedure laid down in these rules and the bidding documents by bids evaluation committee;
(c) The committee may hold discussions with the bidders and if any such discussion is held, equal opportunity shall be given to all bidders to participate in the discussions;
(d) In revising the technical design, stipulations, relev
(1) The procuring entity shall solicit bids by causing an invitation to the electronic reverse auction to be published in accordance with Rule 43. The invitation shall include,--
(a) the name and address of the procuring entity including e-mail address if any;
(b) a detailed description of the subject matter of the procurement and the required time and location for providing such subject matter;
(c) the terms and conditions of the procurement contract, to the extent they are already known to the procuring entity, and the form of the contract, if any, to be signed by the parties;
(d) the criteria and procedures to be used for ascertaining the qualifications of bidders and any documentary evidence or other information that must be presented by bidders
(1) Confirmation of registration for the electronic reverse auction shall be communicated promptly to each registered bidder.
(2) If the number of bidders registered for the electronic reverse auction is less than three, to ensure effective competition, the procuring entity may cancel the auction. The cancellation of the auction shall be communicated promptly to each registered bidder.
(3) The period of time between the issuance of the invitation to the electronic reverse auction and the auction shall be of minimum seven days to bidders to prepare for the auction, taking into account the reasonable needs of the procuring entity.
(1) The electronic reverse auction shall be based on,--
(a) price, where the procurement contract is to be awarded to the lowest-priced bid; or
(b) price and other criteria specified to the bidders as applicable, where the procurement contract is to be awarded to the most advantageous bid.
(2) During the auction:--
(a) all bidders shall have an equal and continuous opportunity to present their bids;
(b) there shall be automatic evaluation of all bids in accordance with the criteria, procedure and formula provided to the bidders;
(c) each bidder must receive, instantaneously and on a continuous basis during the auction, sufficient information allowing it to dete
(1) At the closure of the electronic reverse auction the lowest-priced bid or the most advantageous bid, as the case may be, shall be the successful bid.
(2) In procurement by means of an auction that was not preceded by examination or evaluation of initial bids, the procuring entity shall ascertain after the auction the responsiveness of the successful bid and the qualifications of the bidder submitting it. The procuring entity shall reject that bid if it is found to be unresponsive or if the bidder submitting it is found unqualified. Without prejudice to the right of the procuring entity to cancel the procurement, the procuring entity may select the bid that was the next lowest-priced or next most advantageous bid at the closure of the auction, if the bid is ascertained to be responsive and the bidder submitting it, is ascertained to be qualified.
Except as otherwise provided in Rule 19 to 22, the provisions of Chapter-V shall, mutatis mutandis, apply to electronic reverse auction, except Rules 40, 49, 50, 52, 64, 68 and 69.
(1) A procuring entity may adopt the method of request for quotations for procurement if the estimated cost or value of the subject matter of procurement is less than Rupees one lakh on one occasion but it shall not exceed Rupees five lakh in a financial year.
(2) The procedure for request for quotations shall be as under:--
(a) quotations shall be requested from as many potential bidders as practicable, subject to a minimum of three;
(b) each bidder from whom a quotation is requested shall be informed whether any elements other than the charges for the subject matter of the procurement itself, such as any applicable transportation, insurance charges, customs duties, taxes, etc. are to be included in the price;
(c) each bidder shall be permitted to
(1) A procuring entity may adopt the method of spot purchase for procurement if the estimated cost or value of the subject matter of procurement is less than Rupees fifty thousand on one occasion but it shall not exceed Rupees three lakh in a financial year.
(2) A procuring entity shall procure a subject matter of procurement on the recommendation of the spot purchase committee. The committee shall survey the market to ascertain the reasonableness of rate, quality and specifications and identify the appropriate supplier of the subject matter and shall record the following certificate--
"Certified that we ......................................... (names of members of the committee) members of the sport purchase committee are jointly and individually satisfied that the subject matter recommended for procurement is of the requisite specific
The subject matter of procurement valuing up to rupees ten thousand may be procured on one occasion subject to a limit of below rupees one lakh during a financial year without inviting quotations, from the Government Departments/Corporations, authorised dealers, cooperative stores/bhandars or retailers who are bond-fide dealers in the subject matter of procurement.
(1) Works valuing less than rupees one lakh on each occasion may be procured, subject to a limit of rupees five lakh during a financial year, by work order system.
Explanation.--Work order system means method of procurement by giving order directly to a registered bidder, to execute a work on scheduled rates in specified time.
(2) The procedure for procurement through work order system shall be as under:--
(a) in work order the quantity, rate and time of completion are invariably mentioned. Penalty for failure to complete the work within the stipulated time is also specified. Maximum work that can be allotted on a work order shall be less than rupees one lakh;
(b) work order shall be given to a registered bidder only;
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The procedure for competitive negotiation shall be as under:--
(a) procurement of the subject matter shall be made through the competitive negotiations committee. The committee shall give the following certificate--
"Certified that we ................... (names of members of the committee), members of the competitive negotiations committee are jointly and individually satisfied that the subject matter of procurement recommended is of the requisite specifications and quality, priced at the prevailing market rate and the supplier recommended is reliable and competent to supply the subject matter of procurement."
(b) to ensure effective competition, an adequate number, not being less than three, of potential bidders selected in a non-discriminatory manner shall be included in procurement process;
(1) In addition to the conditions included in sub-sec. (1) of Sec. 36 for adopting the method of rate contract, a procuring entity may adopt the method of rate contract, when it determines that by virtue of the nature of subject matter of procurement, the need for that subject matter may arise on an urgent basis during a given period of time.
(2) The procedure for rate contract shall be as under:--
(a) A procuring entity may award a rate contract by the method of open competitive bidding. If it is not possible to adopt the method of open competitive bidding, the procuring entity after recording reasons may adopt another method of procurement. An approximate quantity of required goods, works or service during the period shall be indicated in the Notice Inviting Bids, but no minimum quantity is guaranteed.
The registration of the bidders shall be carried out in the manner and in accordance with the rules made in this behalf by the State Government.
(1) The procuring entity may prepare a panel of bidders for the subject matter of procurement that is required frequently but the details of the subject matter, its quantity, time and place is not known in advance. This list shall be valid for one year which may further be extended for another one year after recording reasons. The procuring entity may prepare separate panel for different subject matter of procurement.
(2) The provisions relating to pre-qualification of bidders under Sec. 18 and publicity as per sub-rule (6) or (7) of Rule 43 shall apply to empanelment proceedings.
(3) The procuring entity shall invite applications for empanelment for pre-qualification as per the procedure prescribed for inviting open competitive bidding.
(4) The invitation for empanelment shall also include th
A procuring entity may procure subject matter of procurement from the category of bidders, without inviting bids, as notified by the State Government, from time to time.
A procuring entity shall provide price preference or purchase preference in procurement, to the category of bidders as notified by the State Government, from time to time.
(1) The description of the subject matter of procurement shall be set out in the pre-qualification documents, bidder registration documents or the bidding documents as provided in Sec. 12.
(2) In description of the subject matter of the procurement, the procuring entity shall, if required, include specifications, plans, drawings, designs, trials, sample testing and test methods, packaging, marking, labeling, conformity certification or symbols and terminology.
In addition to the criteria for evaluation set out in Sec. 14, the evaluation criteria, where relevant, may include the discounted cash flow techniques.
(1) Before issuing a notice inviting bids the procuring entity shall ensure that the bidding documents are ready for sale.
(2) The bidding documents shall have the following sections, namely:--
(a) Notice Inviting Bids (NIB);
(b) Instruction to Bidders (ITB);
(c) Bid Data Sheet (BDS);
(d) Qualification and Evaluation criteria;
(e) Bidding Forms; and
(f) Conditions of Contract and Contract Forms:
(i) General Conditions of Contract;
(ii) Special Conditions of Contract; and
(iii) Contrac
A procuring entity may choose to invite bids in one part or two parts, as per the provisions of Sec. 13.
In addition to the provisions regarding qualification of bidders as set out in Sec. 7,--
(a) the procuring entity shall disqualify a bidder if it finds at any time that,--
(i) the information submitted, concerning the qualifications of the bidder, was false or constituted a misrepresentation; or
(ii) the information submitted, concerning the qualifications of the bidder, was materially inaccurate or incomplete; and
(b) the procuring entity may require a bidder, who was pre-qualified, to demonstrate its qualifications again in accordance with the same criteria used to pre-qualify such bidder. The procuring entity shall disqualify any bidder that fails to demonstrate its qualifications again, if requested to do so. The procuring entity shall promptly
(1) A bidder may be a natural person, private entity, government-owned entity or, where permitted in the bidding documents, any combination of them with a formal intent to enter into an agreement or under an existing agreement in the form of a Joint Venture. In the case of a Joint Venture:--
(a) all parties to the Joint Venture shall sign the bid and they shall be jointly and severally liable; and
(b) a Joint Venture shall nominate a representative who shall have the authority to conduct all business for and on behalf of any or all the parties of the Joint, Venture during the bidding process. In the event the bid of Joint Venture is accepted, either they shall form a registered Joint Venture company/firm or otherwise all the parties to Joint Venture shall sign the Agreement.
(2) A bidder shoul
(1) The time frame for one stage bidding shall be as under:--
Table
Bid cycle of outer time frame for various procurement methods by one stage bidding
s.
No. Stages of procurement Procurement Method
Open Competitive Bidding Limited Bidding and Single Source Procurement
1 2 3 4
1. Issue of bidding documents On the day of first publication of Notice Inviting Bids.
2. Submission of bids (i) Thirty days from the date of first publication of Notice Inviting Bids;
(ii) Where clarifications/addendum are issued, at least fifteen day
In addition to the provisions of Sec. 18 the procedure of pre-qualification process shall be carried out in the manner as specified below--
(a) Registration or empanelment of prospective bidders may be done as per the procedure specified for pre-qualification proceedings.
(b) The procuring entity shall take a decision to pre-qualify a bidder only in accordance with the criteria and procedures as set out in the invitation to pre-qualify and in the pre-qualification documents.
(c) The procuring entity shall promptly notify each bidder presenting an application to pre-qualify whether or not it has been pre-qualified and also publish the result of pre-qualification proceedings on the State Public Procurement Portal.
(d) The procuring entity shall prompt
(1) Bid security shall not be taken in case of petty procurement valuing up to rupees ten thousand and procurement by the methods of limited bidding under clause (b) and (c) of sub-sec. (1) of Sec. 30, request for quotations, spot purchase, single-source procurement and competitive negotiations.
(2) In case of open competitive bidding, two-stage bidding, rate contract, electronic reverse auction, bid security shall be 2% or as specified by the State Government of the estimated value of subject matter of procurement put to bid. In case of Small Scale Industries of Rajasthan it shall be 0.5% of the quantity offered for supply and in case of sick industries, other than Small Scale Industries, whose cases are pending with Board of Industrial and Financial Reconstruction, it shall be 1% of the value of bid. Concessional bid security may be taken from registered bidders as specified by t
(1) A procuring entity shall solicit bids in open competitive bidding and two stage bidding, or, where applicable, applications for pre-qualification by causing an invitation to bid or pre-qualify, as the case may be, to be published on the State Public Procurement Portal and on its own official website, if available. An abridged notice shall also be published in newspapers of adequate circulation, as prescribed in sub-rule (6) and (7) of this rule.
(2) An invitation to bid to be published on the State Public Procurement Portal shall contain, at least, the following information, namely:--
(a) the name and address of the procuring entity including email address, if any;
(b) a summary of the principal required terms and conditions of the procurement contract or rate contract to be entered into a
The price for the bidding documents, pre-qualification documents or registration documents shall be fixed after considering its preparation and delivering costs. The procuring entity may also charge processing fee or user charges for using e-procurement facility.
(1) The sale of bidding documents shall be commenced from the date of publication of Notice Inviting Bids and shall be stopped one day prior to the date of opening of bids. The complete bidding documents shall also be placed on the State Public Procurement Portal. The prospective bidders shall be permitted to download the bidding document from the website and pay its price while submitting the filled-up bidding document to the procuring entity, or e-procurement gateway, if the facility is available.
(2) The bidding documents, pre-qualification documents or bidder registration documents shall be made available to any bidder who pays the price for it in cash or by bank demand draft, banker's cheque, unless the procurement is reserved for specific category of bidders:
Provided that in case pre-qualification proceedings were held for a biddi
Subject to the provisions contained in Sec. 22, the procuring entity may convene a pre-bid conference of the bidders and shall prepare minutes of the meeting containing the requests submitted at the meeting for clarification of the bidding documents and its responses to those requests, without identifying the person, who made the requests. The minutes and response under sub-sec. (3) of Sec. 22, if any, shall be provided promptly to all bidders to which the procuring entity provided the bidding documents, so as to enable those bidders to take the minutes into account in preparing their bids, and shall be published on the State Public Procurement Portal.
At any time prior to the deadline for presenting bids, the procuring entity may for any reason, whether on its own initiative or as a result of a request for clarification by a bidder, modify the bidding documents by issuing an addendum in accordance with provisions of Sec. 23.
(1) Bids submitted by the bidders shall remain valid during the period specified in the bidding documents. This period should normally be not more than ninety days, but depending on the nature of the procurement it may be more. A bid valid for a shorter period shall be rejected by the procuring entity as non-responsive.
(2) Prior to the expiry of the period of validity of bids, the procuring entity, in exceptional circumstances, may request the bidders to extend the bid validity period for an additional specified period of time. A bidder may refuse the request and such refusal shall be treated as withdrawal of bid but in such circumstances bid security shall not be forfeited.
(3) Bidders that agree to an extension of the period of validity of their bids shall extend or get extended the period of validity of bid securities submitted by th
(1) The bidder shall prepare one original set of the bidding documents called Bid and clearly mark it as "ORIGINAL" and if asked, the bidder shall submit additional copies of the bid in such number as specified in the bidding documents and clearly mark them as "COPY". In the event of any discrepancy between the original bid and its copies, the contents of the original bid shall prevail.
(2) The original and all copies of the bid shall be typed or written in ink and its all the pages shall be signed by the bidder or a person duly authorised to sign on behalf of the bidder, in token of acceptance of all the terms and conditions of the bidding documents.
This authorisation shall consist of a written confirmation as specified in the bidding documents and shall be attached to the bid.
(3) Any corre
(1) Bidders may submit their bids by post or by hand but if so specified in the bidding documents, bidders shall submit their bids only electronically. Bidders submitting bids electronically shall follow the electronic bid submission procedure as specified on the State Public Procurement Portal.
(2) Bids submitted by post or by hand shall enclose the original and each copy of the bid in separate sealed envelopes, duly marked envelopes as "ORIGINAL", and "COPY". The envelopes containing the original and the copies shall then be enclosed in one single envelope,
(3) The inner and outer envelopes shall--
(a) bear the name and complete address along with telephone/mobile number of bidder;
(b) bear complete address of the procuring entity with telephone n
(1) Bids shall be received, by the person designated for the purpose by the procuring entity or directly dropped in the bid box, at the place and up to the time and date specified in the Notice Inviting Bids.
(2) Normally, the date of submission and opening of bids should not be extended. In exceptional circumstances or when the bidding documents are required to be substantially modified as a result of discussions in pre bid conference or otherwise and the time with the prospective bidders for preparation of bids appears insufficient, the date may be extended by the procuring entity. In such case the publicity of extended time and date shall be given in the manner, as was given at the time of issuing the original Notice Inviting Bids and shall also be placed on the State Public Procurement Portal, It should be ensured that after issue of corrigendum, reasonable time is available to
The person authorised to receive the bids shall not receive any bid that is submitted personally, after the time and date fixed for submission of bids. Any bid which arrives by post after the deadline for submission of bids shall be declared and marked as "Late" and returned unopened to the bidder by registered post.
(1) The bids shall be received by hand delivery, by courier or by post in the specified format up to the specified time and date and at the specified place, by the person authorised by the procuring entity except when bids are received through e-procurement or they are directly dropped in the bid box.
(2) The person authorised to receive the bids shall provide a receipt signed by him with date and time of receipt of bid to the person, who delivers the bid.
(3) All bids received unsealed, in torn or damaged condition through post or by personal delivery shall be so marked and signed on the cover by the person receiving the same and get signed on it by the person delivering it and put in a fresh cover and reseal, if so warranted. All such entries shall be attested by the receiving person.
(4) Pr
(1) A bidder may withdraw, substitute, or modify its bid after it has been submitted by sending a written notice, duly signed by him or his authorised representative (authorisation letter be enclosed). Corresponding substitution or modification of the bid must accompany the written notice. The notice must be--
(a) submitted in accordance with the bidding documents, and in addition, the envelope shall be clearly marked as "Withdrawal," "Substitution," or "Modification"; and
(b) received by the person authorised to receive the bids or directly dropped in the bid box prior to the last time and date fixed for receiving of bids.
(2) Bids requested to be withdrawn shall be returned unopened to the bidders.
(3) No bid shall be' withdrawn, substituted, or m
(1) The sealed bid box shall be opened by the bid opening committee constituted by the procuring entity at the time, date and place specified in the bidding documents in the presence of the bidders or their authorised representatives, who choose to be present.
(2) The bids receiving person shall also hand over all the bids received by him up to the time and date for submission of bids to the Convener of bids opening committee and obtain its signature in the bids receipt register.
(3) The bid opening committee may co-opt experienced persons in the committee to conduct the process of bid opening.
(4) If electronic bidding is adopted, specific electronic bid opening procedure as specified on the State Public Procurement Portal shall be followed. The bidders may witness the electronic bid opening
The bid evaluation committee constituted by the procuring entity shall conduct a preliminary scrutiny of the opened bids to assess the prima-facie responsiveness and ensure that the--
(a) bid is signed, as per the requirements listed in the bidding documents;
(b) bid has been sealed as per instructions provided in the bidding documents;
(c) hid is valid for the period, specified in the bidding documents;
(d) bid is accompanied by bid security or bid securing declaration;
(e) bid is unconditional and the bidder has agreed to give the required performance security; and
(f) other conditions, as specified in the bidding documents are fulfilled.
(1) If Technical bids have been invited, they shall be tabulated by the bids evaluation committee in the form of a comparative statement to evaluate the qualification of the bidders against the criteria for qualification set out in the bidding documents. The table may include following:--
(a) Name and address of the bidder including e-mail address, if any;
(b) Reference of registration/empanelment, if any, with the procuring entity or other procuring entity;
(c) Is there any substitution or modification of the original bid;
(d) Weather the bidder fulfills the eligibility criteria given in the bidding documents;
(e) Whether the bid has been signed by the bidder or an authorised person (whether valid docume
(1) After evaluation of Technical bids the Financial bids shall be tabulated by the bids evaluation committee in the form of a comparative statement to evaluate the lowest or most advantageous bid on the basis of evaluation criteria set out in the bidding documents. The table may include following:--
(a) Name and address of the bidders including e-mail address, if any;
(b) If evaluation of Technical bids has taken place, whether the bidder has qualified in evaluation of Technical bids;
(c) Specifications of the subject matter of procurement offered;
(d) Rates quoted per unit, per item and total price of each item quoted or percentage above, below on the rates given in the bidding documents, as the case may be;
(1) The bid evaluation committee shall determine the responsiveness of a bid on the basis of biding documents and the provisions of sub-sec. (2) of Sec. 7.
(2) A responsive bid is one that meets the requirements of the bidding documents without material deviation, reservation, or omission where: --
(a) "deviation" is a departure from the requirements specified in the bidding documents;
(b) "reservation" is the setting of limiting conditions or withholding from complete acceptance of the requirements specified in the bidding documents; and
(c) "Omission" is the failure to submit part or all of the information or documentation required in the bidding documents.
(3) A material deviation, reservation, or omis
(1) To assist in the examination, evaluation, comparison and qualification of the bids, the bid evaluation committee may, at its discretion, ask any bidder for a clarification regarding its bid. The committee's request for clarification and the response of the bidder shall be in writing.
(2) Any clarification submitted by a bidder with regard to its bid that is not in response to a request by the committee shall not be considered.
(3) No change in the prices or substance of the bid shall be sought, offered, or permitted, except to confirm the correction of arithmetic errors discovered by the committee in the evaluation of the financial bids.
(4) No substantive change to qualification information or to a submission, including changes aimed at making an unqualified bidder, qualified or an unresp
(1) The bid evaluation committee may waive any nonconformities in the bid that do not constitute a material deviation, reservation or omission, the bid shall be deemed to be substantially responsive.
(2) The bid evaluation committee may request the bidder to submit the necessary information or document like audited statement of accounts, VAT clearance certificate, PAN, etc. within a reasonable period of time. Failure of the bidder to comply with the request may result in the rejection of its bid.
(3) The bid evaluation committee may rectify non-material nonconformities or omissions on the basis of the information or documentation received from the bidder under sub-rule (2).
A procuring entity shall exclude a bid in accordance with the provisions of Sec. 25.
(1) The criteria fixed for evaluation of technical bids shall be in accordance with the provisions of Sec. 7 and clearly mentioned in the bidding documents so as to keep transparency in selection process. The criteria once fixed for evaluation of technical bids shall not be changed or relaxed.
(2) Techno-commercial qualifications of the bidders shall be evaluated in tabular form as per Rule 57 on the basis of the weightings of marks assigned or minimum achievements fixed in the bidding documents for various criteria of qualifications in the area of professional, technical, financial, managerial competence, etc. i.e. like number of years of experience of the bidder in the subject matter of procurement, satisfactorily completion of similar contracts in past certain years, each valuing not less than specified percentage of the value of subject matter of procurement, financial turnover
The bid evaluation committee shall correct arithmetical errors in substantially responsive bids, on the following basis, namely: --
(a) if there is a discrepancy between the unit price and the total price that is obtained by multiplying the unit price and quantity, the unit price shall prevail and the total price shall be corrected, unless in the opinion of the bid evaluation committee there is an obvious misplacement of the decimal point in the unit price, in which case the total price as quoted shall govern and the unit price shall be corrected;
(b) if there is an error in a total corresponding to the addition or subtraction of subtotals, the subtotals shall prevail and the total shall be corrected; and
(c) if there is a discrepancy between words and figures, the amount in words shall prevai
Subject to the provisions of Sec. 27, the procuring entity shall take following actions for evaluation of financial bids:--
(a) in case of single part bid system where bid is received in single cover along with requisite bid security, processing fee or user charges and price of bidding documents within specified time, it shall be considered for financial evaluation by the bids evaluation committee;
(b) in case of two part bid system the financial bids of the bidders who qualified in technical evaluation shall be opened at the notified time, date and place by the bid evaluation committee in the presence of the bidders or their representatives who choose to be present;
(c) the process of opening, marking and signing on the financial bids shall be as prescribed in Rule 55;
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While tabulating the bids of those firms which are not entitled to price preference, the element of Rajasthan Value Added Tax shall be excluded from the rates quoted by the firms of Rajasthan and the element of Central Sales Tax shall be included in the rates of firms from outside Rajasthan for evaluation purpose.
Price and/or purchase preference notified by the State Government and as mentioned in the bidding documents shall be considered in the evaluation of bids and award of contract.
(1) A situation may arise where, if after evaluation of bids the bid evaluation committee may end-up with one responsive bid only, in such situation, the bid evaluation committee should check as to whether while floating the Notice Inviting Bids all necessary requirements to encourage competition like standard bid conditions, industry friendly specifications, wide publicity, sufficient time for formulation of bids, etc. were fulfilled. If not, the Notice Inviting Bids should be refloated after rectifying deficiencies. The bid process shall be considered valid even if there is one responsive bid, provided that--
(a) the bid is technically qualified;
(b) the price quoted by the bidder is assessed to be reasonable;
(c) the bid is unconditional and complete in all respects;
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(1) Except in case of procurement by method of single source procurement or procurement by competitive negotiations, to the extent possible, no negotiations shall be conducted after the pre-bid stage. All clarifications needed to be sought shall be sought in the pre-bid stage itself.
(2) Negotiations may, however, be undertaken only with the lowest or most advantageous bidder under the following circumstances--
(a) when ring prices have been quoted by the bidders for the subject matter of procurement; or
(b) when the rates quoted vary considerably and considered much higher than the prevailing market rates.
(3) The bid evaluation committee shall have full powers to undertake negotiations. Detailed reasons and results of negotiations shall be recorde
(1) The procuring entity after considering the recommendations of the bid evaluation committee and the conditions of bid, if any, financial implications, trials, sample testing and test reports, etc., shall accept or reject the successful bid. If any member of the bid evaluation committee, has disagreed or given its note of dissent, the matter shall be referred to the next higher authority, as per delegation of financial powers, for decision.
(2) Decision on bids shall be taken within original validity period of bids and time period allowed to procuring entity for taking decision. If the decision is not taken within the original validity period or time limit allowed for taking decision, the matter shall be referred to the next higher authority in delegation of financial powers for decision.
(3) Before award of the contract, the procuring
Information of award of contract shall be communicated to all participating bidders and published on the State Public Procurement Portal in accordance with provisions of sub-sec. (3) of Sec. 27.
The Procuring entity reserves the right to accept or reject any bid, and to annul the bidding process and reject all bids at any time prior to award of contract, without thereby incurring any liability to the bidders. Reasons for doing so shall be recorded in writing.
(1) At the time of award of contract, the quantity of goods, works or services originally specified in the bidding documents may be increased, but such increase shall not exceed twenty percent of the quantity specified in the bidding documents. It shall be without any change in the unit prices or other terms and conditions of the bid and the bidding documents.
(2) If the procuring entity does not procure any subject matter of procurement or procures less than the quantity specified in the bidding documents due to change in circumstances, the bidder shall not be entitled for any claim or compensation except otherwise provided in the bidding documents.
(3) Repeat orders for extra items or additional quantities may be placed, if it is provided in the bidding documents, on the rates and conditions given in the contract if the original order
As a general rule all the quantities of the subject matter of procurement shall be procured from the bidder, whose bid is accepted. However, when it is considered that the quantity of the subject matter of procurement to be procured is very large and it may not be in the capacity of the bidder, whose bid is accepted, to deliver the entire quantity or when it is considered that the subject matter of procurement to be procured is of critical and vital nature, in such cases, the quantity may be divided between the bidder, whose bid is accepted and the second lowest bidder or even more bidders in that order, in a fair, transparent and equitable manner at the rates of the bidder, whose bid is accepted if such condition is specified in the bidding documents. Counter offer to first lowest bidder (L1), in order to arrive at an acceptable price, shall amount to negotiation. However, any counter offer thereafter to second lowest bidder (L2), third lowest bidder (L3) etc., (at
(1) Performance security shall be solicited from all successful bidders except the department's of the State Government and undertakings, corporations, autonomous bodies, registered societies, co-operative societies which are owned or controlled or managed by the State Government and undertakings of the Central Government. However, a performance security declaration shall be taken from them. The State Government may relax the provision of performance security in particular procurement or any class of procurement.
(2) The amount of performance security shall be five percent, or as may be specified in the bidding documents, of the amount of supply order in case of procurement of goods and services and ten percent of the amount of work order in case of procurement of works. In case of Small Scale Industries of Rajasthan it shall be one percent of the amount of quantity ordered for sup
(1) A procurement contract shall come into force from the date on which the letter of acceptance or letter of intent is despatched to the bidder.
(2) The successful bidder shall sign the procurement contract within a period specified in the bidding document or where the period is not specified in the bidding document then within fifteen days from the date on which the letter of acceptance or letter of intent is despatched to the successful bidder.
(3) If the bidder, whose bid has been accepted, fails to sign a written procurement contract or fails to furnish the required performance security with in specified period, the procuring entity shall take action against the successful bidder as per the provisions of the Act and these rules. The procuring entity may, in such case, cancel the procurement process or if it deems fit, offer for acce
In addition to the restrictions specified in Sec. 49, the procuring entity, while procuring a subject matter of such nature which requires the procuring entity to maintain confidentiality, may impose condition for protecting confidentiality of such information.
If any procurement process has been cancelled, it shall not be reopened but it shall not prevent the procuring entity from initiating a new procurement process for the same subject matter of procurement, if required.
(1) Subject to the provisions of Sec. 10, the procuring entity shall, in addition to record specified in clause (a) to (h) of sub-sec. (1) of the said section, maintain the following record, namely:--
(a) the names and addresses of all bidders with bid prices and conditions of bid if bid is conditional;
(b) the name and address of the successful bidder with price on which procurement is made;
(c) in case of rate contract method, the names and addresses of the bidders with whom the rate contract is concluded;
(d) a summary of modification, if any, made in the bidding documents;
(e) details of qualification required, bidders having qualifications and details of qualified or disqualified bidders with reasons
(1) All the officers or employees of the procuring entity shall,--
(a) maintain an unimpeachable standard of integrity both inside and outside their office;
(b) act in accordance with the provisions of the Act, these rules, guidelines issued under the Act and instructions;
(c) not allow any bidders to have access to information on a particular procurement, before such information is available to the public at large;
(d) not intentionally use unnecessarily restrictive or "tailored" specifications, terms of reference or statements of work that can discourage competition;
(e) not solicit or accept any bribe, reward or gift or any material benefit of any directly or indirectly promise of future employment fro
(1) A conflict of interest for procuring entity or its personnel and bidders is considered to be a situation in which a party has interests that could improperly influence that party's performance of official duties or responsibilities, contractual obligations, or compliance with applicable laws and regulations.
(2) The situations in which a procuring entity or its personnel may be considered to be in conflict of interest includes, but not limited to, following:--
(a) A conflict of interest occurs when procuring entity's personnel's private interests, such as outside professional or other relationships or personal financial assets, interfere or appear to interfere with the proper performance of its professional functions or obligations as a procurement official.
(b) Within the procurement envi
Without prejudice to the provisions of Chapter IV of the Act, in case of breach of any provision of the code of integrity by a bidder or prospective bidder, as the case may be, the procuring entity may take appropriate action in accordance with the provisions of sub-sec. (3) of Sec. 11 and Sec. 46.
(1) An appeal under sub-sec. (1) or (4) of Sec. 38 shall be in Form along with as many copies as there are respondents in the appeal.
(2) Every appeal shall be accompanied by an order appealed against, if any; affidavit verifying the facts stated in the appeal and proof of payment of fee.
(3) Every appeal may be presented to First Appellate Authority or Second Appellate Authority, as the case may be, in person or through registered post or authorised representative.
(1) Fee for first appeal shall be rupees two thousand five hundred and for second appeal shall be rupees ten thousand, which shall be nonrefundable.
(2) The fee shall be paid in the form of bank demand draft or banker's cheque of a Scheduled Bank payable in the name of Appellate Authority concerned.
(1) The First Appellate Authority or Second Appellate Authority, as the case may be, upon filing of appeal, shall issue notice accompanied by copy of appeal, affidavit and documents, if any, to the respondents and fix date of hearing.
(2) On the date fixed for hearing, the First Appellate Authority or Second Appellate Authority, as the case may be, shall,--
(a) hear all the parties to appeal present before him; and
(b) peruse or inspect documents, relevant records or copies thereof relating to the matter.
(3) After hearing the parties, perusal or inspection of documents and relevant records or copies thereof relating to the matter, the Appellate Authority concerned shall pass an order in writing and provide the copy of order to the parties to appeal
All rules, regulations, orders, notifications, departmental codes, manuals, by-laws, official memoranda or circulars relating to procurement of goods, services or works provided for in these rules, which are in force on the date of commencement of these rules, in relation to the matter covered by these rules are hereby repealed to the extent they are covered by these rules:
Provided that such repeal shall not affect the previous operation of rules, regulations, orders, notifications, departmental codes, manuals, by-laws, official memoranda or circulars, so repealed and the procurement process commenced before the commencement of these rules shall continue as per the provisions of rules, regulations, orders, notifications, departmental codes, manuals, by-laws, official memoranda or circulars, so repealed.
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