(1) It shall be obligatory for every procurement entity to obtain all the required approvals and sanctions as prescribed in the Assam Financial Rules, 1939, Delegation of Financial Power Rules, 1999 or other relevant Acts, rules and orders as amended up to date before initiating any procurement. In case of procurement of works, this shall, inter alia, include due administrative approval and technical sanction. In case of goods and services, these shall, inter alia, include due approval of rates through due process.
(2) No authority or official shall initiate any procurement unless such authority or official has been delegated with the necessary financial powers for the particular subject matter of procurement and the value or cost thereof under the relevant Delegation of Financial Powers Rules, by whatever name called, and budget provision or funds for the purpose is clearly available for the purpose.
(3) In case of procurement of works, no work order or letter of acceptance of bid shall be issued before Administrative Approval for such procurement has been duly accorded in compliance with the existing rules, and orders that may be issued from time to time as laid down in the Assam Fiscal Responsibility and Budget Management Act 2005, (Act No XXVII of 2005).
Explanation: Bids for works may be invited only after Administrative Approval (A/A) for the work based on plan and estimates duly prepared as per duly notified Schedule of Rates and market analysis as applicable as well as the Technical Sanction (TS) thereon has been duly accorded by the competent authorities.
(4) In case of procurement of goods and services, no supply order or letter of acceptance of bid shall be issued before financial sanction for such procurement has been duly accorded in compliance with existing rules and orders that may be issued from time to time as laid down in the said Act of 2005. Bids may be accepted only after such financial sanction has been duly accorded.
(5) (a) Any advance action for procurement for works by any procuring entity in terms of clause (b) of sub-section (1) of section 8 of the Act, shall be strictly limited to feasibility studies, design, soil testing, deciding quality control measures, framing of plan and estimates or detailed project report, preparation of specific bidding documents and other necessary preparatory 10 work but bids shall be invited as prescribed only after obtaining approval of the next higher authority. Further, the bids shall be opened only after Administrative Approval has been duly accorded for such procurement by the competent authority;
(b) Any such advance action for procurement of goods and services by any procuring entity in terms of clause (b), of sub-section (1), of section 8 of the Act shall be strictly limited to all preparatory work like identification of quality and other relevant specifications or terms and conditions, preparation of specific bidding documents and finalisation of rates by inviting appropriate bids thereof as per due process but no bid shall be accepted or supply order issued before sanction has been duly accorded for such procurement by the competent authority.
(6) Subject to the provisions in this rule, the Head of the concerned Administrative Department, with the views of the concerned Financial Advisor and the Head of the concerned Department, with the views of the concerned Finance and Accounts Officer shall be the designated Authority up to their respective financial powers specified in the relevant Delegation of Financial Power Rules,1999 as amended from time to time for approving such advance action in terms of clause (b) of sub-section
(1) of section 8 of the Act, in respect of procurement entities specified in clause (a) of sub-section (2) of section 3 of the Act. In respect of the procurement entities specified in clauses (b) to (f) of sub-section (2) of section 3 of the Act, the Head of the concerned Body with the concurrence of the Head of the Finance of that Body shall be such designated Authority:
Provided that the State Government may, by Notification, designate any other Authority or Authorities for approval of such advance actions or prescribe further conditions or guidelines for such advance action.
(7) In terms of the proviso of sub-section (2) of section 8 of the Act, the Finance Department, having regard to the position of State finances and matters incidental thereto or for prudent fiscal management, may prescribe specific limits of outstanding liabilities for the different procuring Departments or the different procuring entities under them beyond which no new procurement shall be taken up or administratively approved or sanctioned by them.
(8) No procurement entity shall divide or bulk its procurement after bids have been invited for the purpose under any circumstances and violation thereof shall be deemed as wilful dereliction of duty constituting grave misconduct under the relevant conduct rules.