[02nd
January 2025] In exercise of the powers
conferred by sub-section (1) of Section 25 of the Karnataka Transparency in
Public Procurements Act, 1999 (Karnataka Act 29 of 2000) the Government of
Karnataka hereby makes the following rules further to amend the Karnataka Transparency
in Public Procurements Rules, 2000, namely:- (1)
These rules may be called the Karnataka
Transparency in Public Procurements (Second Amendment) Rules, 2024. (2)
They shall come into force from the date of
their publication in the Official Gazette. In the Karnataka
Transparency in Public Procurements Rules, 2000, after rule 25, the following
shall be inserted, namely:- "25A.
The Procedure and Category of Procurements for Electronic Reverse Auction.- (1)
Tender Accepting Authority may select
Electronic Reverse Auction method in respect of the following categories of
procurement of goods and services including construction works, but excluding
consultancy services based on quality and cost based selection where. (i)
cost of procurement exceeds Rs.2.00 crore;
and (ii)
there are three or more qualified bidders: Provided, that in case there
are less than three qualified bidders, Tender Accepting Authority may finalise
the tender by following the procedure provided in rule 25 and 26. (iii)
there are common specifications and for which
the detailed description or design shall be given; (iv)
it is anticipated that there are large number
of manufacturers, suppliers, service providers, contractors or tenderers and
are expected to participate and to be qualified; (v)
the selection of a successful tenderer can be
decided on the quantifiable parameters. (2)
After selecting the procurement for
Electronic Reverse Auction by the Tender Accepting Authority, the Tender
Inviting Authority shall invite the tender notifying that the tender is the
subject to Electronic Reverse Auction; such tender notifying invitation shall
include the details relating to the access to and registration for the
Electronic Reverse Auction and process for the conduct of Electronic Reverse
Auction. (3)
The following procedure shall be adopted for
the conduct and processing of Electronic Reverse Auction, namely:- (i)
after the submission of tenders, they shall
be opened by following procedure specified in Rule 18 and 19, but the identity
of the tenderers shall not be disclosed; (ii)
tender Accepting Authority may constitute a
Committee consisting of such officers as it deems fit to supervise the conduct
and processing of Electronic Reverse Auction; (iii)
the procedure for examination and evaluation
of tenders shall be as specified in these rules till the substantial
responsiveness of the tenders is established. Thereafter, financial bids shall
be opened and the number of eligible bidders for Electronic Reverse Auction
shall be displayed to the Tender Inviting Authority; (iv)
the process for Electronic Reverse Auction
shall be initiated at 10.00 am on the third working day excluding the day on
which the Financial Bids are opened; (v)
out of the tenderers declared to be
qualified, 75% of the tenderers on the basis of their evaluated price starting
from the lowest including the bidders in the price preference range specified
under Rule 25, shall be eligible for participating in the Electronic Reverse
Auction. If there is any fraction while arriving at the number of eligible
tenderers for the Electronic Reverse Auction, it may be rounded off to the next
integer; (vi)
the eligible tenderers shall be informed
through the mail immediately after the opening of the price bids along with the
date and time of the Electronic Reverse Auction and publish the same on the
Karnataka Public Procurement Portal; (vii)
electronic Reverse Auction shall, initially,
remain open for three hours from its initiation. However, the bidding time may
automatically extend in a slab of thirty minutes each, if the latest response
is submitted within last fifteen minutes period of Reverse Auction. There shall
be any number of auto extensions of period during Reverse Auction, the reverse
auction shall not close till no further bids are received. (viii)
L1 price shall be the base price for the
bidding during the Electronic Reverse Auction. In respect of construction
works, if L1 price is lower than the Estimated Cost, it shall not be subjected
to Electronic Reverse Auction; (ix)
the base price considered as in clause
(viii), shall only be displayed to all the participating tenderers for further
bidding. There shall be no indication to anybody about the number of bids and
the names of bidders. They shall remain confidential until the completion of
the Electronic Reverse Auction process; (x)
the participating eligible tenderers shall be
given an option to reduce their price in the Electronic Reverse Auction below
the base price at decremental rates. Such decremental rates in overall quoted
price of the goods and services including construction works shall be at
minimum of Rs.1.00 lakh or in multiples thereof. Any amount less than Rs.1.00
lakh shall not be accepted in the process of bidding; (xi)
at every reduction, the current L1 price
shall be displayed to the bidders while protecting the information of the
bidder till the closing of reverse auction; (xii)
the bidder may bid any number of times during
the Reverse Auction. However, the chronologically last bid submitted by the
bidder during the Reverse Auction shall be considered as the valid bid of such
bidder; (xiii)
if any eligible bidder for Electronic Reverse
Auction does not bid in the Reverse Auction, the rate and price quoted by such
bidder in the financial bid shall be considered as the final price and may be
taken into account for evaluation; (xiv) if
no bids are received during the reverse auction, Tender Accepting Authority may
finalise the tender process under the provisions of these rules; (xv)
after closure of Reverse Auction, the bidding
report shall be available on-line for the reference of participating bidders.
The identity of the tenderers and their price bids at each stage shall be
disclosed after the closing of auction; (xvi) the
tenderer emerged as Lowest tenderer after Electronic Reverse Auction shall
upload the detailed break up of rates and prices in the format as specified in
the tender documents. The order placed shall be within the same break up of
prices, which shall form the part of the contract; (xvii) the
Procedure to be followed upon the completion of the Electronic Reverse Auction
shall be in accordance with rule 26; and (xviii)
the process of Electronic Reverse Auction
shall be conducted on the Karnataka Public Procurement Portal. For the purpose
of the Auction, the server time shall be the Start time and Closing time for
the bidding which may be binding on the bidders. The log details of the entire
process of Electronic Reverse Auction shall be generated after the closure of
the auction."Karnataka Transparency In Public Procurements (Second Amendment) Rules,
2024
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