(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.
44Inserted vide notification No. FD 130 Exp-12/2015 dated: 08-09-2015.
45 Inserted vide Notification No. FD 130 Exp-12/2015 Dtd 10-10-2017.
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(2) Only the tenders of pre-qualified tenderers shall be considered for evaluation.
[Provided that notwithstanding anything contrary contained in these rules the tender inviting Authority may adopt the list of prequalified tenderers empanelled by the Directorate of Information Technology, Government of Karnataka in respect of computers, peripherals and related services and call for price bids from all such prequalified tenderers and the price bids received from the prequalified tenderers shall be considered for evaluation by the tender accepting authority, so far as may be in accordance with these rules."]46
(a) all works approved in the Action Plan or Appendix-E of every financial year, the value of which does not exceed Rs.50.00 lakh shall be put to randomization for selecting 17.15% of these works to be tendered among registered contractors belonging to the Scheduled Castes Category and 6.95% to be tendered among contractors belonging to the Scheduled Tribes Category.
[27(A) Preference to Tenderers belonging to the Scheduled Castes or Scheduled Tribes in Construction Works.- For the purpose of these rules, all procurement entities specified under clause (d) of section 2, which are taking up Construction works shall be the notified departments and they shall follow the following procedures, namely:-
(b) Works subsequently approved shall also have to be put to randomization periodically.
(c) for randomization, an Engineering Division or the Jurisdiction of the Tender Inviting Authority shall be considered as a unit.
(d) randomization of works shall be done when the number of works are more than four.
(e) once a particular work is included in randomization process or were not put to randomization due to lack of adequate number of works, they shall not be put to randomization again for the reasons that they were not selected during the first randomization process.
(f) if no qualified tenderers belonging to the Scheduled Castes or Scheduled Tribes participate in the bid in two attempts under this rule, then these works shall be tendered as open category wherein all eligible bidders of General or Scheduled Castes or Scheduled Tribes category can participate.
46 Inserted vide notification No.PWD/22/FC-3/2001, dated 01-03-2001 13
(g) it shall be responsibility of the Executive Engineer or Tender Inviting Authority to verify the eligibility of the tenderers belonging to the Scheduled Castes or Scheduled Tribes.
Verification of tenderers belonging to the Scheduled Castes or Scheduled Tribes shall be done by the Tender Inviting Authority subject to explanations provided in Section 6.
(h) if the contractor is a firm, then all the partners or members of the firm shall belong to the Scheduled Castes or Scheduled Tribes as the case may be.
(i) the contractor belonging to the Scheduled Castes or Scheduled Tribes shall be domicile of the State of Karnataka for more than 10 years.]47
28. [Two Tender Document System]48
(2) The first [electronic document] :-
(1) In the case of construction or supply and installation of equipment, tenders exceeding Rs. 50 lakhs in value where the prequalification procedure or Turn Key Tender System are not being followed the tender inviting authority shall follow the two -cover tender system.
49
(a) Experience and past performance in the execution of similar contracts.
shall contain the following information about the tenderer namely:
(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 [electronic document]50
(4) The tender inviting authority shall cause the first [electronic document] shall contain the prices quoted by the tenderer.
51 47 Inserted vide Notification No. FD 876 Exp-12/2017, Dtd: 15/09/2017, 48Substituted vide notification no. FD 574(A) Exp-12/2019 Dated:07-09-2019.
49 Substitutedvide notification no. FD 574(A) Exp-12/2019 Dated:07-09-2019.
50 Substitutedvide notification no. FD 574(A) Exp-12/2019 Dated:07-09-2019.
51 Substitutedvide notification no. FD 574(A) Exp-12/2019 Dated:07-09-2019.
to be opened first and evaluate the tenderer's capacity on the basis of criteria specified in the tender document and on this basis, prepare a list of qualified tenderers.
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(5) Thereafter, the Second [electronic document]52 52Substitutedvide notification no. FD 574(A) Exp-12/2019 Dated:07-09-2019.
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.
[28A. Two stage tender system.-
(1) In the case of 'turn-key' contracts involving supply, installation, testing and commissioning of specially engineered plant and equipment such as turbines, generators, boilers, switchyard, pumping stations, telecommunications, process and treatment plants and the like for power, water, sewerage, telecommunication and similar projects or procurement of equipment subject to rapid technological advances such as computer and communication systems, where it is undesirable or impractical to prepare a complete technical specifications in advance, two-stage tender system may be adopted.
2) First stage tender will consist of a technical tender only, without reference to the rates and prices for completing the facilities and a list of deviations to the technical and commercial conditions set forth in the tender documents or any alternate technical solution as a tenderer wishes to offer and a justification therefore, always provided that such deviation or alternate solution do not change the basic objective of the contract and that they meet the conceptual design or performance or functional specifications contained in the tender documents.
3) The Tender Inviting Authority shall cause the first stage tender to be opened and evaluate whether the tenderer meets the required minimum acceptable qualification criteria, whether the tenderer has submitted a technically responsive first stage tender and prepare a list of qualified and responsive tenderers.
4) The Tender Inviting Authority shall convene a clarification meeting of all first stage qualified tenderers and review the tenderer's tender and prepare a memorandum of all required amendments, additions, deletions and other adjustments.
5) The Tender Inviting Authority shall revise the tender documents and specifications to permit new technologies and introduce the right evaluation criteria.
15 6) Only those tenderers who have submitted a technically responsive and acceptable first stage tender shall be invited to submit Second Stage Tender.
7) The second stage tender shall consist of,-
(a) an updated technical tender incorporating all the changes required by the tender Inviting Authority as recorded in the memorandum prepared in sub-rule (4) or as necessary to reflect any amendments to the tender documents issued subsequent to submission of the first stage tender; and
(b) the commercial tender.
8) All second stage tenders must be accompanied by specified tender security.
9) All second stage tenders (both technical and price) will be opened in the presence of tenderers or their authorized representatives.
10) The two stage tender shall be evaluated and awarded following the procedure specified in rules 25 and 26.]53