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GOVERNMENT OF TAMIL NADU 2000 |
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MANUSCRIPT SERIES |
FINANCE (SALARIES) DEPARTMENT
G.O.Ms.No.446,
DATED
(Vikkirama,
Purattasi-11, Thiruvalluvar Aandu 2031)
Rules - Tamil
Nadu Transparency in Tenders Rules, 2000 - Framing of the Rules -Notified.
ORDER:
The following
Notification will be published in the Tamil Nadu Government Gazette,
Extraordinary dated
NOTIFICATION.
In exercise of the
powers conferred by sub-section(1) of section 22 of the Tamil Nadu Transparency
in Tenders Act, 1998 (Tamil Nadu Act 43 of 1998), the Governor of Tamil Nadu
hereby makes the following Rules:-
RULES.
CHAPTER I.
PRELIMINARY.
1.
Short
title and commencement.-(a)
These rules may be called the Tamil Nadu Transparency in Tenders Rules,
2000,.-(a) These rules may be called the Tamil Nadu Transparency in
Tenders Rules, 2000,
a.
They
shall come into force on the date
1.
Definitions.- In these rules, unless there is
anything repugnant in the subject or context,-.- In these rules, unless there
is anything repugnant in the subject or context,-
a.
"act"
means the Tamil Nadu
Transparency in Tenders Act, 1998 (Tamil Nadu Act 43 of 1998); means the Tamil
Nadu Transparency in Tenders Act, 1998 (Tamil Nadu Act 43 of 1998);
b.
"supply
and installation contract" means a contract under which the tenderer is required to
supply, erect, test and commission the equipment at the place specified by the
procuring entity; means a contract under which the tenderer is required to
supply, erect, test and commission the equipment at the place specified by the
procuring entity;
c.
"fixed
rate contract" means
a contract where a set of rates and terms and conditions are fixed for
the supply of unit quantities of goods or certain standardized services; means
a contract where a set of rates and terms and conditions are fixed for
the supply of unit quantities of goods or certain standardized services;
d.
"pre-qualification"
means the process
by which the tenderers are first screened for their capability and resources to
implement the contract before they are permitted to offer their tenders; means
the process by which the tenderers are first screened for their capability and
resources to implement the contract before they are permitted to offer their
tenders;
e.
"two-cover
system" means
a procedure under which the tenderers are required to simultaneously submit two
separate sealed covers, one containing the Earnest Money Deposit and the
details of their capability to undertake the tender which will be opened first
and the second cover containing the price quotation which will be opened only if
the tenderer is found qualified to execute the tender; means a procedure under
which the tenderers are required to simultaneously submit two separate sealed
covers, one containing the Earnest Money Deposit and the details of their
capability to undertake the tender which will be opened first and the second
cover containing the price quotation which will be opened only if the tenderer
is found qualified to execute the tender;
f.
"earnest
money deposit" means
the amount required to be remitted by a tenderer along with his tender
indicating his willingness to implement the contract; and means the amount
required to be remitted by a tenderer along with his tender indicating his
willingness to implement the contract; and
g.
"piece-work
contract" and "lump-sum contract" shall have the same meaning as in
the Tamil Nadu Public Works Department code. shall have the same meaning
as in the Tamil Nadu Public Works Department code.
CHAPTER II.
GENERAL.
1.
Categories
of procurement.-
(1) For the
purposes of the application of these rules, procurement is categorized as
follows, namely:-.- (1) For the purposes of the application of these rules,
procurement is categorized as follows, namely:-
(i) Construction; and
(ii) Supply of goods and services.
(2) While the provisions of these rules
shall apply in general to each of the categories of procurement in sub-rule
(1), where a specific provision has been made in the rules regarding any
specific category, that specific provision shall prevail as against any general
provision in so far as that category of procurement is concerned.
4. Methods of
tendering.- (1) Procurement
of different categories shall be effected by the following methods of
tendering, namely:- Procurement of different categories shall be effected by
the following methods of tendering, namely:-
(i) Piece-work
contract;
i. Lump-sum contract;
ii. Turn-key contract;
iii. Multi-stage contracting including
pre-qualification and two cover system; and
iv. Fixed rate contract.
1.
The
tender inviting authority shall decide the method of tendering to be followed
in each case having regard to the category, size and complexity of the
procurement.
2.
While
the provisions of these rules shall apply to each of the methods of procurement
indicated in sub-rule(1) generally where a specific provision has been made in
these rules regarding a particular method of tendering, such specific provision
shall prevail as against any general provision in so far as that particular
method of tendering is concerned.
CHAPTER III.
PUBLICITY.
5. Publication
of tender bulletin.- (1) The District Tender Bulletin shall be
published by the District Bulletin Officer atleast once in every week.
1.
The
State Tender Bulletin shall be published by the State Tender Bulletin Officer
at least once in every week.
2.
The
Tender Bulletin Officer shall cause to be published all notices inviting
tenders and intimations of acceptance of tenders received upto twenty four
hours prior to the actual publication of the bulletin.
3.
In
case a notice inviting tender or information relating to acceptance of the
tender needs to be published urgently, then the Secretary to Government of the
concerned administrative department in the case of the State tender bulletin or
the District Collector in the case of the District tender bulletin can for
reasons to be recorded in writing, direct the respective tender bulletin
officers to publish an extraordinary issue of the tender bulletin.
6.
Distribution
of tender bulletins.- (1) The
Tender Bulletin Officer shall make the tender bulletin available at any office
of a Government department, local authority, statutory board, public sector
undertaking, local body, university or cooperative institution..- (1) The
Tender Bulletin Officer shall make the tender bulletin available at any office
of a Government department, local authority, statutory board, public sector
undertaking, local body, university or cooperative institution.
1.
The
Tender Bulletin Officer shall make available adequate copies of the tender
bulletin at the office of the Tender Inviting Authority whose notice inviting
tenders and intimation of tender acceptance finds place in the bulletin.
2.
Any
person or institution can be enrolled as a regular subscriber to the tender
bulletin on payment of a fixed fee annually, half-yearly or quarterly, as the
case may be.
6.
Tender
Bulletin to contain information only.- (1) The tender bulletin shall contain only information of the
notice inviting tenders and the orders accepting a tender and does not in
itself create a legal right or liability..- (1) The tender bulletin shall
contain only information of the notice inviting tenders and the orders
accepting a tender and does not in itself create a legal right or liability.
1.
A
notice inviting tender will not be invalidated merely on the grounds that the
notice although published in newspapers has not been published in one or the
other of the District Tender Bulletins or State Tender Bulletins or when
published in the State Tender Bulletin could not be published in a District
Tender Bulletin or vice versa.
6.
Information to be published in the district tender bulletin.- Subject to the provisions of rule
10, notices inviting tenders and decisions on tenders in all cases where the
value of the procurement exceeds rupees five lakhs or below rupees twenty five
lakhs shall be published in the District Tender Bulletin of the district where
the headquarters of the Tender Inviting Authority is located and in the
district where the work is to be executed or the goods and services supplied.
.- Subject to the provisions of rule 10, notices inviting tenders and
decisions on tenders in all cases where the value of the procurement exceeds
rupees five lakhs or below rupees twenty five lakhs shall be published in the
District Tender Bulletin of the district where the headquarters of the Tender
Inviting Authority is located and in the district where the work is to be
executed or the goods and services supplied.
7.
Information
to be published in the state tender bulletin.- The notice inviting tenders and
decisions on tenders shall be published in the State Tender Bulletin in cases
where.-.- The notice inviting tenders and decisions on tenders shall be
published in the State Tender Bulletin in cases where.-
a.
the
value of procurement exceeds rupees twenty five lakhs;
b.
The
Tender Inviting Authority is a Secretary to Government, or a head of a
Government department, or Local Authority or the Chief Executive of a Public
Sector Undertaking, Statutory Board, Apex Cooperative Institution, University
or State Level Society formed by the Government.
c.
In any
other case, where the Tender Inviting Authority deems it fit.
10. Details to
be mentioned in notice inviting tenders.- The Notice Inviting Tenders shall
contain the following details, namely:- The Notice Inviting Tenders shall
contain the following details, namely:-
a.
The
name and address of the procuring entity and the designation and address of the
Tender Inviting Authority;
b.
Name
of the scheme, project or programme for which the procurement is to be
effected;
c.
The
date upto which and places from where the tender documents can be obtained;
d.
The
amount of earnest money deposit payable;
e.
The
last date and time for receipt of tenders;
f.
The
date, time and place for opening of tenders received; and
g.
Any
other information the Tender Inviting Authority considers relevant.
11.
Publication
of notice inviting tenders in newspapers.-(1) The Tender Inviting Authority shall
have the notice inviting tenders published in the Indian Trade Journal in all
cases where the value of procurement exceeds rupees ten crores..-(1) The Tender
Inviting Authority shall have the notice inviting tenders published in the
Indian Trade Journal in all cases where the value of procurement exceeds rupees
ten crores.
2.
The
number, editions and language of the newspapers in which the notices inviting
tenders shall be published will be based on the value of procurement.
3.
In
cases where publication of Tender Notices is to be done only in Newspapers with
circulation within the District, the Information and Public Relations Officer
attached to the District Collectorate shall be the competent authority to
release the advertisement and in all other cases the competent authority to
release the advertisement shall be the Director of Information and Public
Relations, Chennai.
4.
The
notice inviting tender shall be given due publicity in Newspapers and also on
notice boards in the District Offices. For tenders above rupees fifty lakhs,
Director of Information and Public Relations will publish the Notice Inviting
Tenders as per instructions of the tendering department. For other tenders,
Director of Information and Public Relations will publish keeping in mind the
request of the department. There should not be any additional insertion and no
publication of Notice Inviting Tenders in newspapers not requested by the
tendering departments for tenders above rupees fifty lakhs.
12. Sending
notice inviting tenders to all possible tenderers.- The Tender Inviting Authority may if
he considers necessary, send the Notice Inviting Tenders to all possible
tenderers including registered contractor, past supplier, any potential
supplier and any other well known company or firm directly. The Tender Inviting
Authority may if he considers necessary, send the Notice Inviting Tenders to
all possible tenderers including registered contractor, past supplier, any
potential supplier and any other well known company or firm directly.
CHAPTER IV.
NOTICE INVITING TENDERS AND TENDER DOCUMENTS.
13. Technical
specifications contained in the tender documents.- (1) The technical
specifications contained in the tender documents shall include a detailed
description of what is proposed to be procured.
1.
Unbiased
technical specifications shall be prepared by observing the following
safeguards, namely:-
a.
use of
brand names and catalogue numbers shall be avoided and where it becomes
unavoidable, along with the brand name the expression "or equivalent"
shall be added;
b.
wherever
possible the appropriate Indian Standards with the number shall be
incorporated;
c.
in the
case of construction tenders, detailed estimates shall be prepared by the
competent technical authorities based on the schedule of rates and standard
data as revised from time to time provided that for large and prestigious
projects, the Government shall permit any procuring entity to engage a
qualified private architect or consultant to prepare the design and estimates;
and
d.
in
case alternative designs or materials are permitted, the conditions for their
acceptability and the method of their evaluation shall be clearly stated.
13.
Commercial
conditions.-
(1) The tender
documents shall require all tenderers without exception to pay an earnest money
deposit ordinarily not exceeding one per cent of the value of the procurement
by means of a demand draft, bankers cheque, specified small savings instruments
or where the procuring entity deems fit, irrevocable bank guarantee in a
prescribed form. The tender documents shall clearly state that any tender submitted
without the earnest money deposit in the approved form be summarily rejected
provided that any category of tenderers specifically exempted by the Government
from the payment of earnest money deposit will not be required to make such a
deposit..- (1) The tender documents shall require all tenderers without
exception to pay an earnest money deposit ordinarily not exceeding one per cent
of the value of the procurement by means of a demand draft, bankers cheque,
specified small savings instruments or where the procuring entity deems fit,
irrevocable bank guarantee in a prescribed form. The tender documents shall
clearly state that any tender submitted without the earnest money deposit in
the approved form be summarily rejected provided that any category of tenderers
specifically exempted by the Government from the payment of earnest money
deposit will not be required to make such a deposit.
1.
The
tender documents shall specify the period for which the tenderer should hold
the prices offered in the tender valid:
Provided that the
initial period of validity shall not be less than ninety days.
2.
The
tender documents shall require that as a guarantee of the tenderer’s
performance of the contract, a security deposit be taken from the successful
tenderer subject to the conditions that -
a.
the
amount of the deposit not exceeding five per cent of the value of the orders
placed: and
b.
the
deposit being in the form of demand draft or bankers’ cheque or specified small
savings instruments or where the procuring entity deems fit, irrevocable bank
guarantee in a prescribed form.
1.
The
tender documents shall clearly indicate the payment terms conforming to the
following requirements.-
a.
Payment
shall ordinarily be effected only on completion of delivery against the orders
placed, subject to the exceptions specified in the tender documents;
b.
Mobilization
advances may be paid in the case of construction or supply and installation
contracts of a large and complex nature, for a value exceeding rupees one crore
provided that such mobilization advances shall not ordinarily exceed ten per
cent of the value of the contract, shall be secured against irrevocable bank
guarantee and shall be recovered in the subsequent bills payable along with
interest as per specific terms set in the tender documents provided that in
case of mobilisation advances for plant machinery and equipment, they are also
hypothecated to the Governor of Tamil Nadu in addition to other requirements;
c.
Percentage
of payment to be withheld for the effective performance of the contract,
provided that withheld amounts do not exceed ten per cent of the total value of
contract;
d.
Payment
terms for imports shall be based on standard terms of international trade and
the payment may be effected through irrevocable letters of credit drawn on
banks;
14. The tender
documents shall clearly indicate whether any variations in the commercial terms
prescribed in the documents will be permitted and if so to what extent such
variations would be considered.
The tender documents
and the contract shall include a clause for payment of liquidated damages and
penalty payable by the tenderer in the event of non-fulfillment of any or whole
of the contract.
1.
The
tender documents shall clearly indicate the terms on which the tenderers will
be required to quote their price which should be inclusive of all costs of
delivery at the final destination such as transportation, payment of duties and
taxes leviable, insurance and any incidental services and giving the break up
thereof.
2.
The tender
documents shall include a price adjustment clause to reflect any changes either
upward or downward in major cost components such as labour, equipment, material
and fuel, based on a prescribed formula in the case of large contracts where
the period of execution is likely to exceed eighteen months.
3.
The
tender documents shall indicate the quantity proposed to be procured in the
tender, and the Tender Accepting Authority shall be ordinarily permitted to
vary the quantity finally ordered only to the extent of twenty five percent
either way of the requirement indicated in the tender documents.
15. Tender
documents to clearly specify evaluation criteria.- (1) The tender documents shall clearly
indicate the criteria in addition to price which are to be adopted for
evaluating the tenders and how such criteria will be quantified or evaluated;
and.- (1) The tender documents shall clearly indicate the criteria in addition
to price which are to be adopted for evaluating the tenders and how such
criteria will be quantified or evaluated; and
1.
The
qualification criteria in terms of the required experience, available
manufacturing and construction capacity, technical and other manpower and
financial status shall be clearly stated in the tender documents.
16. Supply of
tender documents.- (1) The
Tender Inviting Authority shall make available the tender documents from the
date of publication of the tender..- (1) The Tender Inviting Authority shall
make available the tender documents from the date of publication of the tender.
1.
The
Tender Inviting Authority shall ensure that the tender documents are made
available to any person who is willing to remit the cost of the documents
provided that in the cases where the procuring entity has a system of
registration of contractors, the tender documents will be supplied only to
registered contractors in the appropriate class.
2.
The
tender documents shall be made available at the following offices, namely:-
(i) the office of the
Tender Inviting Authority;
i. any other office or place indicated
by the procuring entity.
1.
The
Tender Inviting Authority shall send by registered post or courier the tender
documents to any prospective tenderer who makes a request for the documents on
payment of cost along with postal charges at the risk and responsibility of the
prospective tenderer.
17.
Clarification to tender documents.- (1) At any time after the issue of the tender documents and before the
opening of the tender, the Tender Inviting Authority may make any changes,
modifications or amendments to the tender documents and shall send intimation
of such change to all those who have purchased the original tender documents..-
(1) At any time after the issue of the tender documents and before the opening
of the tender, the Tender Inviting Authority may make any changes,
modifications or amendments to the tender documents and shall send intimation
of such change to all those who have purchased the original tender documents.
1.
In
case any one tenderer asks for a clarification to the tender documents before
48 hours of the opening of the Tender, the Tender Inviting Authority shall
ensure that a reply is sent and copies of the reply to the clarification sought
will be communicated to all those who have purchased the tender documents
without identifying the source of the query.
CHAPTER V.
RECEIPT OF TENDERS AND TENDER OPENING.
18 Place and
time for receipt of tenders.- (1) The Tender Inviting Authority shall
ensure that adequate arrangements are made for the proper receipt and safe
custody of the tenders at the place indicated for the receipt of tenders.
(2) The Tender
Inviting Authority shall take all measures to ensure that no intending tenderer
is hindered in submitting his tender.
1.
The
Tender Inviting Authority shall permit the submission of tenders by post or
courier, provided that the Tender Inviting Authority shall not be responsible
for any delay in transit in such cases.
2.
The
Tender Inviting Authority shall not accept any tenders submitted by facsimile
(fax) or by electronic mail.
3.
The
Tender Inviting Authority may extend the last date and time for receiving
tenders after giving adequate notice to all intending tenderers in cases
where:-
a.
the
publication of the tender notice has been delayed;
b.
the
communication of changes, in the tender documents to the prospective tenderers
under sub rule (1) of rule 17 took time;
c.
any of
the tenderers requested clarifications communication of which took time to all
the tenderers; and
a.
any
other reasonable grounds exist, for such extension which shall be recorded in
writing by the Tender Inviting Authority.
19. Marking of
covers in which the tender is submitted.- The tenderer shall be responsible for properly
superscribing and sealing the cover in which the tender is submitted and the
Tender Inviting Authority shall not be responsible for accidental opening of
the covers that are not properly superscribed and sealed as required in the
tender documents before the time appointed for tender opening..- The tenderer
shall be responsible for properly superscribing and sealing the cover in which
the tender is submitted and the Tender Inviting Authority shall not be
responsible for accidental opening of the covers that are not properly
superscribed and sealed as required in the tender documents before the time
appointed for tender opening.
20. Minimum time
for submission of tenders.- (1) The Tender Inviting Authority shall ensure that adequate time is
provided for the submission of tenders and a minimum time is allowed between
date of publication of the Notice Inviting Tenders in the relevant Tender
Bulletin or in the newspapers whichever is later and the last date for
submission of tenders. This minimum period shall be as follows.-.- (1) The
Tender Inviting Authority shall ensure that adequate time is provided for the
submission of tenders and a minimum time is allowed between date of publication
of the Notice Inviting Tenders in the relevant Tender Bulletin or in the
newspapers whichever is later and the last date for submission of tenders. This
minimum period shall be as follows.-
a.
for
tenders upto rupees two crores in value, fifteen days; and
b.
for
tenders in excess of rupees two crores in value, thirty days.
2.
Any
reduction in the time stipulated as per sub-rule (1) has to be specifically
authorized by an authority superior to the Tender Inviting Authority for
reasons to be recorded in writing.
21. Opening of
tenders.-
(1) All the tenders
received by the Tender Accepting Authority shall be opened at the time
specified in the Notice Inviting Tenders and in cases where an extension of
time for the submission of tenders has been given subsequent to the original
Notice Inviting Tenders in accordance with sub-rule (5) of Rule 18 at the time
so specified subsequently..- (1) All the tenders received by the Tender
Accepting Authority shall be opened at the time specified in the Notice
Inviting Tenders and in cases where an extension of time for the submission of
tenders has been given subsequent to the original Notice Inviting Tenders in
accordance with sub-rule (5) of Rule 18 at the time so specified subsequently.
1.
The
time specified for the opening of tenders shall be immediately after the
closing time specified for the receipt of tenders allowing a reasonable period,
not exceeding one hour, for the transportation of the tenders received to the
place they are to be opened in the presence of the tenderers who choose to be
present.
2.
The
tenders will be opened in the presence of the tenderers or one representative
of the tenderer who chooses to be present.
22. Procedure to
be followed at tender opening.-
The following procedure shall be followed at the tender opening.-.- The
following procedure shall be followed at the tender opening.-
a.
All
the envelopes received containing tenders shall be counted;
b.
All
the tenders received in time shall be opened;
c.
Any
tender received subsequently shall not be opened and shall be returned unopened
to the tenderer;
d.
On
opening the tender, the members of the Tender Scrutiny Committee shall initial
the main bid including the prices and any corrections;
e.
A
record of the corrections noticed at the time of the bid opening shall be
maintained;
f.
The
name of the tenderers and the quoted prices should be read out aloud.
g.
the
fact whether earnest money deposit has been submitted and other documents
required produced may be indicated, but this shall be merely an examination of
the documents and not an evaluation;
h.
Minutes
of the tender opening shall be recorded. The signatures of the tenderers
present shall be obtained unless any of the tenderers or his representative
refuses to sign the minutes.
23.
Changes and alterations not to be permitted after tender opening.- No changes, amendments which
materially alter the tendered prices shall be permitted after the opening of
the tender, except as per the procedure prescribed in sub-section (3) of
section 10 of the Act..- No changes, amendments which materially alter the
tendered prices shall be permitted after the opening of the tender, except as
per the procedure prescribed in sub-section (3) of section 10 of the Act.
24.
Tender
scrutiny committee.- (1) A
Tender Scrutiny Committee may be constituted to scrutinize the tender
documents, supervise opening of tenders, to carry out the preliminary
examination and detailed evaluation of the tenders received and to prepare an
evaluation report for the consideration of the Tender Accepting Authority..-
(1) A Tender Scrutiny Committee may be constituted to scrutinize the tender
documents, supervise opening of tenders, to carry out the preliminary
examination and detailed evaluation of the tenders received and to prepare an
evaluation report for the consideration of the Tender Accepting Authority.
2.
The
constitution of a Tender Scrutiny Committee will be obligatory in all cases
where the value of the procurement exceeds limit as may be specified.
CHAPTER VI.
TENDER EVALUATION.
25. Tender
evaluation to be in accordance with evaluation criteria.- The Tender Accepting Authority shall
cause the evaluation of tenders to be carried out strictly in accordance with
the evaluation criteria indicated in the tender documents. The Tender Accepting
Authority shall cause the evaluation of tenders to be carried out strictly in
accordance with the evaluation criteria indicated in the tender documents.
26. Time taken
for evaluation and extension of tender validity.- (1) The evaluation of tenders and
award of contract shall be completed, as far as may be practicable, within the
period for which the tenders are held valid.1) The evaluation of tenders and
award of contract shall be completed, as far as may be practicable, within the
period for which the tenders are held valid.
1.
The
Tender Accepting Authority shall seek extension of the validity of tenders for
the completion of evaluation.
2.
In
case the evaluation of tenders and award of contract is not completed within
extended validity period, all the tenders shall be deemed to have become
invalid and fresh tenders may be called for.
27. Process of
tender evaluation to be confidential until the award of the contract is
notified.-
(1) Subject to the
provision of Sections 12 and 13 of the Act, the Tender Inviting Authority shall
ensure the confidentiality of the process of tender evaluation until orders on
the tenders are passed..- (1) Subject to the provision of Sections 12 and 13 of
the Act, the Tender Inviting Authority shall ensure the confidentiality of the
process of tender evaluation until orders on the tenders are passed.
1.
The
Tender Accepting Authority shall cause the information on orders passed on the
tenders published in the Tender Bulletin.
2.
Tenderers
shall not make attempts to establish unsolicited and unauthorised contact with
the Tender Accepting authority, Tender Inviting Authority or Tender Scrutiny
Committee after the opening of the Tender and prior to the notification of the
Award and any attempt by any tenderer to bring to bear extraneous pressures on
the Tender Accepting Authority shall be sufficient reason to disqualify the
tenderer.
3.
Notwithstanding
anything contained in sub-rule (3), the Tender Inviting Authority or the Tender
Accepting Authority may seek bonafide clarifications from tenderers relating to
the tenders submitted by them during the evaluation of tenders.
28. Initial
examination to determine substantial responsiveness.- (1) The Tender Inviting Authority shall
cause an initial examination of the tenders submitted to be carried out in
order to determine their substantial responsiveness..- (1) The Tender Inviting
Authority shall cause an initial examination of the tenders submitted to be
carried out in order to determine their substantial responsiveness.
1.
The
initial examination shall consider the following factors, namely:-
a.
Whether
the tenderer meets the eligibility criteria laid down in the tender documents;
b.
Whether
the crucial documents have been duly signed;
a.
Whether
the requisite earnest money deposit has been furnished;
b.
Whether
the tender is substantially responsive to the technical specifications,
commercial conditions set out in the bidding documents including the testing of
samples where required.
1.
Tenders
which on initial examination are found not to be substantially responsive under
any of the clauses under sub-rule (2) may be rejected by the Tender Accepting
Authority.
29.
Determination of the lowest evaluated price.- 1) Out of the tenders found to be
substantially responsive after the initial examination the tenderer who has bid
the lowest evaluated price in accordance with the evaluation criteria or the
tenderer scoring the highest on the evaluation criteria specified as the case
may be shall be determined..- 1) Out of the tenders found to be substantially
responsive after the initial examination the tenderer who has bid the lowest
evaluated price in accordance with the evaluation criteria or the tenderer
scoring the highest on the evaluation criteria specified as the case may be
shall be determined.
1.
In
determining the lowest evaluated price, the following factors shall be
considered, namely:-
a.
the
quoted price shall be corrected for arithmetical errors;
b.
in
cases of discrepancy between the prices quoted in words and in figures, lower
of the two shall be considered;
c.
adjustments
to the price quoted shall be made for deviations in the commercial conditions
such as the delivery schedules and minor variations in the payment terms which
are quantifiable but deemed to be non-material in the context of the particular
tender;
d.
the
evaluation shall include all central duties such as customs duty and central
excise duty as a part of the price, but shall exclude sales tax if the bidders
are from other States and Tamil Nadu;
e.
in the
case of purchase of equipment, the operation and maintenance and spare part
costs for appropriate periods as may be specified in bid documents may be
quantified, where practicable and considered.
1.
In
order to secure the best possible procurement price, negotiations with tenderer
determined as per clauses (1) and (2) above are permissible subject to provisions
in section 10 of the Act.
30.
Preparation
of evaluation report and award of tenders.- (1) The Tender Scrutiny Committee or the
officer evaluating the tender shall prepare detailed evaluation report which
shall be considered by the Tender Accepting Authority before taking a final
decision on the tender..- (1) The Tender Scrutiny Committee or the officer
evaluating the tender shall prepare detailed evaluation report which shall be
considered by the Tender Accepting Authority before taking a final decision on
the tender.
1.
The
evaluation report shall be prepared in the standardized format as may be
prescribed.
1.
As
soon as the tenderer qualified to perform the contract is identified, in
accordance with section 10(6) of the Act, the Tender Accepting Authority shall
pass orders accepting the tender and communicate the order of acceptance to the
successful tenderer. The Tender Accepting Authority will also send to the
Tender Bulletin Officer a statement of evaluation of the tenders with a
comparative statement of tenders received and decision thereon for publication
in the Tender Bulletin.
1.
Within
such reasonable time as may be indicated in the tender documents, the tenderer
whose tender has been accepted will be required to execute the contract
agreement in the prescribed format.
2.
In
case the successful tenderer fails to execute necessary agreements as
prescribed within the period specified, then his Earnest Money Deposit shall be
forfeited and his tender held as non-responsive.
CHAPTER VII.
EVALUATION AND AWARD OF TENDERS IN SPECIAL CASES.
31. Procurement
in special cases.- In the case of purchase of goods where the quantity offered at the
lowest price is less than the total quantity required, the Tender Accepting
Authority may, after placing orders with the lowest evaluated tenderer for the
entire quantity offered by such tenderer subject to his ability to supply,
adopt either or both of the following procedures to procure the balance quantity.-
In the case of purchase of goods where the quantity offered at the lowest price
is less than the total quantity required, the Tender Accepting Authority may,
after placing orders with the lowest evaluated tenderer for the entire quantity
offered by such tenderer subject to his ability to supply, adopt either or both
of the following procedures to procure the balance quantity.-
1.
Negotiate
with the next lowest tenderers in strict ascending order of evaluated price and
require them to match the price offered by the lowest evaluated tenderer and
place orders until the entire quantity required is ordered; or
2.
Require
all the other eligible tenderers who participated in the tender and offered a
price higher than that offered by the lowest evaluated tenderer, to submit
sealed offers of the quantity they would be willing to supply at the price
quoted by the lowest evaluated tenderer, and thereafter place orders for the
remaining required quantity with all those who match the lowest evaluated price
such that those who bid lower prices in the original tender get a higher
priority for supply.
3.
In
case the bidders other than the lowest evaluated bidder fail to agree to accept
the lowest price or the total quantity offered by them at the price quoted by
the tenderer with lowest evaluated price is less than the required quantity the
Tender Accepting Authority may place orders for remaining required quantity at
different rates with different suppliers in the ascending order of evaluated
price until the entire quantity required is covered:
4.
Provided
that, where different quantities have to be procured at more than one price
from one or more tenderers, the Tender Accepting Authority may decide not to
procure beyond a price considered economical although the entire quantity originally
stated to be required in the tender documents is not ordered.
5.
In
cases where, the Tender Accepting Authority such as Tamil Nadu Electricity
Board, Tamil Nadu Civil Supplies Corporation, Project Director, Integrated
Child Development Scheme (ICDS) is of the view that the commodity to be
purchased is so vital in nature and the failure in supply would affect the
public interest and that it is necessary to have more than one supplier, the
Authority may place orders on the tenderer quoting the lowest evaluated price
for not less than 60% of the quantity covered in the tender at the price quoted
by him and place orders for the remaining quantity on the tenderers quoting the
next lowest evaluated prices at the lowest evaluated price and shall specify
this in the tender documents.
32.
Pre-qualification
procedure.-
(1) The Tender
Inviting Authority shall for reasons to be recorded in writing provide for
pre-qualification of tenderers on the basis of,-.- (1) The Tender Inviting
Authority shall for reasons to be recorded in writing provide for
pre-qualification of tenderers on the basis of,-
a.
experience
and past performance in the execution of similar contracts;
b.
capabilities
of the tenderer with respect to personnel, equipment and construction or
manufacturing facilities;
c.
financial
status and capacity
1.
Only
the bids of pre-qualified bidders shall be considered for evaluation.
33.
Low
value procurement.- For the
purposes of clause (d) of section 16 of the Act, "low value procurement"
means any procurement which is less than rupees two lakhs in value..- For the
purposes of clause (d) of section 16 of the Act, "low value
procurement" means any procurement which is less than rupees two lakhs in
value.
(BY ORDER OF THE GOVERNOR)
P.V. RAJARAMAN,
SECRETARY TO GOVERNMENT.
To
The Works Manager,
Government Central Press, Chennai-79.
(for the publication of the notification and send 200 copies to Government)
All Secretaries to Government.
The Secretary, Legislative Assembly Secretariat, Chennai-9.
The Comptroller, Governor's Household, Raj Bhavan, Chennai-32.
The Secretary to the Governor, Chennai-32.
The Governor's Secretariat, Raj Bhavan, Guindy, Chennai-32.
All Departments of Secretariat.
All Heads of Departments.
All Collectors/All District Judges/All Chief Judicial Magistrates.
The Principal Accountant-General (Accounts and Entitlements), Chennai-18.
The Principal Accountant-General (A&E), Chennai-18. (by name)
The Accountant-General (Audit-I), Chennai-35.
The Accountant-General (Audit-I), Chennai-35. (by name)
The Accountant-General (Audit-II), Chennai-6.
The Accountant-General (Audit-II), Chennai-6. (by name)
The Accountant-General (CAB), Chennai-9./Madurai.
The Commissioner of Treasuries and Accounts, Chennai-15.
The Pay and Accounts Officer (Secretariat), Chennai-9.
The Pay and Accounts Officer (South), Chennai-35.
The Pay and Accounts Officer (North), Chennai-1.
The Pay and Accounts Officer (East), Chennai-5.
The Pay and Accounts Officer, Madurai-625 001.
All Treasury Officers.
All Sub-Treasury Officers.
The Chairman, Tamil Nadu Public Service Commission, Chennai-2.
The Commissioner of Tribunal for Disciplinary Proceedings,
No.6,
The Registrar, High Court, Chennai-104.
The Registrars of All Universities.
All State Owned Corporations and Statutory Boards.
The Commissioners, Corporations of Chennai/Madurai/Coimbatore/
Tiruchirappalli/Salem/Tirunelveli.
All Divisional Development Officers.
All Revenue Divisional Officers.
All Tahsildars.
All Block Development Officers.
All Municipal Commissioners.
All Chief Educational Officers.
The Project Co-ordinator, Tamil Nadu Integrated Nutrition Project,
570, Anna Salai, Chennai-18.
Copy to:
The Secretary to Chief
Minister, Chennai-9.
The Secretary, Ministry of Home Affairs, Government of
The Private Secretary to the Chief Secretary, Chennai-9.
The Private Secretary to the Secretary to Government,
Finance Department, Chennai-9.
The Information and Tourism Department, Chennai-9.
The Law Department, Chennai-9.
All Officers in Finance Department, Chennai-9.
All Sections in Finance Department, Chennai-9.
Stock File/Spare Copies.
// Forwarded/By order //
SECTION OFFICER