( I) The procuring entity shall maintain a record of its procurement proceedings, which shall include the following, namely:- ( a) Bid Dociunents of Bidders and certified copy of Contract Agreement with the successful bidders {b) Description of the subject matter of the procurement under section 12;
(c) Statement of the reason for choice of a procurement method other than open competitive bidding under sub-section (4) of section 29
(d) Particulars of the participating bidders;
(e) Written requests for clarifications and any responses thereto including during pre-bid conferences;
(f) Bid prices and other financial terms;
(g) Summary of the evaluation of bids;
(h) Details of any appeal under section 38, and the related decisions;
(i) Any other information or record as may be prescribed.
(2) Any document, notification, decision or other information generated in the course of a procurement,. including in connection with appeals under section 38 or in the course of a meeting, or forming part of the record of the procurement process, shall be in a form that provides a record of the content of the information and is accessible so as to be usable for
(3) subsequent reference.
Subject to the provisions of the Right to Information Act, 2005 or of any other law for the time being in force relating to retention of records, the procuring entity shall retain the documentary record indicated in sub sections ( 1) and (2), for a reasonable period after the expiry of the procurement process or procurement contract, as the case may be, so as to enable audit or such other review.
Central Act No.ll of :zoos 1036 THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 11, 2017
11. Code
(1) of integrity for pro~uring entity and bidders.- No officer or employee of a procuring entity or a person participating in a procurement process shall act in contravention of the code of integrity prescribed by the State Government.
(2) The code of integrity referred to sub-section (1) shall include provisions for,
(a) prohibiting, -
(i) any offer, solicitation or acceptance of any bribe, reward or gift or any material benefit, either directly or indirectly, in exchange for an unfair advantage in the procurement process or to otherwise influence the procurement process;
(ii) any omission, including a misrepresentation that misleads or attempts to mislead so as to obtain a financial or other benefit or avoid an obligation;
(iii) any collusion, bid rigging or anti-competitive behavior to impair the transparency, fairness and progress of the procurement process;
(iv) improper use of information shared between the procuring entity and the bidders with an intent to gain unfair advantage in the procurement process or for personal gain;
(y) any financial or business transactions between the bidder and any officer or employee of the procuring entity, who are directly or indirectly related to tender or execution process of contract;
(vi) any coercion including impairing or harming or threatening to do the same, directly or indirectly, to any party or to its property to influence the procurement process;
(vii) any obstruction of any investigation or audit of a procurement process;
(viii) making false declaration or providing false information for participation in,-
(a) tender process or to secure a contract;
(b) disclosure of conflict of interest;
(c) disclosure by the bidder of any previous transgressions with any entity in India or any other country during the last three years or of any debarment by any other procuring entity.
(3) Without prejudice to the provisions of Chapter IV, in case of any breach of the code of integrity by a bidder or prospective bidder, as the case may be, the procuring entity after giving a reasonable opportunity of being heard, may take appropriate measures including, -
(a) exclusion of the bidder from the procurement process;
(b) calling off of pre-contract negotiations and forfeiture or encashment of bid security;
THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 11, 2017 1037
(c) forfeiture or encashment of any other security or bond relating to the procurement;
(d) recovery of payments made by the procuring entity along with interest thereon at bank rate;
(e) cancellation of the relevant contract and recovery of compensation for loss inCUITed by the procuring entity;
(f) debarment of the bidder from participation in future procurements of the procuring entity for a period not exceeding three years under section 46.
12. Description of die subject matter of procurement- ( I) 1he description of the subject matter of procurement shall be set out in the pre-qualification documents, bidder registration documents and the bidding documents and shall, -
(a) be such as to meet the essential needs of the procuring entity;
(b) to the extent practicable-
(i) be objective, functional, generic and measurable;
(ii) set out the relevant technical, quality and performance characteristics;
(iii) not indicate a requirement for a particular trade mark, trade name or brand and incase it is essential to mention, the word " or equivalent" shall be invariably used after the trade mark, trade name or brand;
(c) be dra¥ro up in accordance with guidelines as may be prescribed.
(2) Where applicable, the technical specifications shall, to the extent practicable, be based on national technical regulations or recognised national standards or building codes, wherever such standards exist or in their absence, relevant International Standards may be used.