Published vide
Notification No. PWD/154/FC-III/2000, dated 24.10.2000 No. PWD/154/FC-III/2000, dated 24.10.2000. - In exercise of the powers conferred by Sub-Section (1) of Section
23 of the Karnataka Transparency in Public Procurement Ordinance 2000, the
Government of Karnataka hereby makes the following Rules namely:- Preliminary (a)
These
rules may be called be called the Karnataka Transparency in Public Procurements
Rules, 2000, (b)
They
shall come into force on the date of Publication in the Gazette In these rules, unless the context otherwise requires (a)
"earnest
money deposit" means the amount required to be
deposited by a tenderer along with his tender indicating his willingness to
implement the contract; (b)
"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; (c)
"two-cover
system" means a procedure under which the tenderers
are required 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 to be qualified to
execute the tender; CHAPTER - II General (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. CHAPTER - III Publicity (1)
The
District Tender Bulletin shall be published by the District Bulletin Officer at
least once in every week. (2)
The
State Tender Bulletin shall be published by the State Tender Buttein Officer at
least once in every week. (3)
The
Tender Bulletin Officer shall cause to be published all notices inviting
tenders and intimations of acceptance of tenders received upto forty eight
hours prior to the actual publication of the bulletin. (4)
In case
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 Deputy Commissioner in the case of the District Tender Bulletin may for the
reasons to be recorded in writing, direct the respective tender bulletin
officers to publish an extraordinary issue of the tender bulletin. (1)
The
Tender bulletin Officer shall make the tender bulletin available in the
concerned office of the Government department, local authority statutory board,
public sector undertaking, university or cooperative institution. (2)
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. (3)
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. (1)
The
tender bulletin shall contain only information of the notice inviting tenders. (2)
Intimation
of acceptance of tender shall not in itself create a legal right. (3)
A
notice inviting tender will not be invalidated merely on the grounds that the
notice has not been published in the News papers. The notice inviting tenders and decisions on tenders shall be published
in the State Tender Bulletin in cases where. (a)
The Tender Inviting
Authority is a secretary to Government, or a head of a government department,
or the Chief Executive of a Public Sector Undertaking, Statutory board, apex
Cooperative Institution, University or State Level Society Formed by the
Government. (b)
The value of the
procurement is rupees one crore and above. Subject to the provisions of rule 10, notices inviting tenders and
decisions on tenders shall be published in the district Tender Bulletion of the
district where the headquarters of the Tender Inviting Authority is located. Provided that where a value of procurement is rupees one crore and
above, it shall also be published in the State Bulletin. 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
which the Tender Inviting authority considers relevant. (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 as per
departmental rules. (3)
In
cases where publication of Tender Notices is to be done only in newspapers with
circulation within the District, the Information and Publicity Officer of the
District shall be the competent authority to release the advertisement shall be
the Director of Information and Publicity Bangalore. (4)
The
notice inviting tender shall be given due publicity in Newspapers and also by a
fixing on notice boards in the District Offices. The Director of Information
and Publicity shall publish the Notice Inviting Tenders as per instructions of
the tendering department. CHAPTER - IV Notice Inviting Tenders and Tender Documents (1)
The
technical specifications contained in the tender documents shall include a
detailed description of what is proposed to be procured. (2)
Unbiased
technical specifications shall be prepared by observing 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 estates shall be prepared by the competent
technical authorities based on the schedule or rates and standard data as
revised from time to time. (1)
The
tender documents shall require all tenderers to pay an earnest money deposit at
the rates as per the departmental rules by means of a demand draft, bankers,
cheque, specified small savings instruments or where the procuring entity deems
fit, irrevocable bank guarantee in a specified form of the department. The
tender documents shall clearly state that any tender submitted without the earnest
money deposit be summarily rejected. Provided that any category of tenders specifically exempted by the
Government from the payment of earnest money deposit will not be required to
make such a deposit. (2)
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. (3)
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 as per departmental rules. (4)
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 of the terms or whole of the contract. (5)
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. (1)
the
Tender Inviting Authority shall make available the tender documents from the
date indicated in the notice inviting tender. (2)
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. (3)
The
Tender Inviting Authority shall be registered post or courier the tender
documents to any prospective tenderer whop makes a request for the documents on
payment of cost along with postal charges at the risk and responsibility of the
prospective tenderer. 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. CHAPTER - V Receipt of Tenders and Tender Opening (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 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. (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 communbication of
changes, in the tender documents to the prospective tenderers under rule 14
took time; (c)
Any other reasonable
grounds exist, for such extension which shall be recorded in writing by the
Tender Inviting Authority. 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. (1)
Tender
Inviting Authority shall ensure that adequate time is provided for the
submission of tenders and minimum time is allowed between date of publication
of the Notice Inviting Tenders in the relevant tender Bulletin the last date
for submission of tenders. This minimum period shall be as follows:- (a)
For tender upto rupees
two crores in value, thirty days, and (b)
For tenders in excess of
rupees two crores in value thirty days (2)
Any
reduction in the time stipulated under sub-rule (1) has to be specifically
authorized by an authority superior to the Tender Inviting Authority for
reasons to be recorded in writing. (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 in accordance with sub-rule (3) of rule 15 at the
time so specified subsequently. (2)
The
tenders will be opened in the presence of the tenderers or one of the
representatives of the tenderer who chooses to be present. 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)
A record of the
corrections noticed at the time of the bid opening shall be maintained; (d)
The name of the
tenderers and the quoted prices should be read out. (e)
The fact whether earnest
money deposit has been made and other documents required have been produced may
be indicated, but this shall be merely an examination of the documents and not
an evaluation; (f)
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. (1)
Tender
Accepting Authority may constitute a Tender Scrutiny Committee consisting of
such officers as it deems fit to scrutinize the tender documents, supervise
opening of tenders 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
Tender accepting authority shall constitute the Tender Scrutiny Committee,
where the value of tender exceeds rupees five crores in respect of public
works, irrigation department and minor irrigation department and one crore in
respect of all the other departments. CHAPTER - VI Tender Evaluation The Tender Accepting Authority shall cause the evaluation of tenders to
be carried out strictly in accordance with evaluation criteria indicated in
tender documents. (1)
The
evaluation of tenders and award of contract shall be completed, as for as
possible, within the period for which the tenders are held valid. (2)
The
Tender Accepting Authority shall seek extension of the validity of tenders from
the tenderers for the completion of evaluation, if it is not completed within
the validity period of tender. (3)
In case
the evaluation of tenders and award of contract is not completed within
extended period, all the tenders shall be deemed to have become invalid and
fresh tenders may be called for. (1)
The
Tender Inviting Authority shall ensure the confidentiality of the process of
tender evaluation until orders on the tenders are passed. (2)
Tenders
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 if any attempt by the 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 (2), the Tender Inviting authority or the Tender
Accepting authority or the Tender Scrutiny Committee may seek bonafide
clarifications from tenderers relating to the tenders submitted by them during
the evaluation of tenders. (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. (2)
During
the initial examination the following factors shall be considered, namely:- (a)
Whether the tenderer
meets the eligibility criteria laid down in the tender documents; (b)
Whether the crucial
documents have been duly signed; (c)
Whether the requisite
earnest money deposit has been furnished; (d)
Whether the tender is
substantially responsive to the technical specifications set out in the bidding
documents including the testing of samples where required. (3)
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. (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 tenderer scoring the highest on the evaluation criteria
specified as the case may be, shall be determined. (2)
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 case 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
inclusive of local levies as a part of the price. (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)
Tender
Scrutiny Committee or the officer inviting the tender shall prepare detailed
evaluation report which shall be considered by the Tender Accepting Authority
before taking a final decision on the tender. (2)
As soon
as the tenderer qualified to perform the contract is indentified, in accordance
with section 12 the Tender Accepting Authority shall pass orders accenting the
tender and communicate the order of acceptance to the successful tenderer. The
Tender Accepting Authority shall 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. (3)
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 specified format (4)
In case
the successful tenderer fails to execute necessary agreement under sub rule (3)
within the period specified, then Earnest Money Deposit shall be forfeited and
his tender held as non-responsive. (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. (2)
Only
the tenders of pre-qualified tenderers shall be considered for evaluation. (1)
In the
case of construction or supply and installation of equipment, tenders exceeding
Rs. 50 lakhs in value where the pre-qualification procedure or Turn Key Tender
System are not being followed the tender inviting authority shall follow the
two -cover tender system. (2)
The
first cover shall contain the following information about the tenderer namely: (a)
Experience and past
performance in the execution of similar contracts. (b)
Capabilities with
respect to personnel, equipment and construction or manufacturing facilities (c)
Financial status and
capacity (d)
any other information
considered relevant. (3)
The
second cover shall contain the prices quoted by the tenderer. (4)
The
tender inviting authority shall cause the first cover to be opened first and
evaluate the tenderer's capacity on the basis of criteria specialied in the
tender document and on this basis, prepare a list of qualified tenderers. (5)
Thereafter,
the Second cover containing the price quotations of only those tenderers found
qualified under sub-rule (4) Shall be opened by the tender inviting authority. (6)
The
tender inviting authority shall follow the procedure outline in rule 25 and 26. CHAPTER - VII Appeals An appeal under section 15 shall lie: (a)
to the Head of the
Department concerned if the order is passed by the Tender accepting authority
subordinate to the Head of the Department: (b)
To the Government if the
order is passed by a tender accepting authority which is Head of the
Department, or a local authority or a State Government Undertaking or a Board,
Body Corporation or any other authority owned or controlled by the Government.Karnataka Transparency in Public
Procurements Rules, 2000
[24 October 2000]