(1) Before issuing a notice inviting bids the procuring entity shall ensure that the bidding documents are ready for sale.
(2) The bidding documents shall have the following sections, namely:-
(a) Notice Inviting Bids (NIB);
(b) Instruction to Bidders (ITB);
(c) Bid Data Sheet (BDS);
(d) Qualification and Evaluation criteria;
(e) Bidding Forms; and
(f) Conditions of Contract and Contract Forms:
(i) General Conditions of Contract;
(ii) Special Conditions of Contract; and
(iii) Contract Forms.
(g) Any other documents, as may be necessary.
(3) The bidding documents shall include the following, namely:-
(a) instructions for preparing bids;
(b) the criteria and procedures that shall be applied in the ascertainment of the qualifications of bidders;
(c) the requirements as to documentary evidence or other information that must be submitted by bidder in proof of its qualifications;
(d) a detailed description of the subject matter of the procurement, including but not limited to, technical specifications, plans, drawings and designs if relevant, the quantity of the goods, any incidental services to be performed, the location where the goods are to be delivered, the work is to be executed or the services are to be provided and the required time, if any;
(e) the detailed procedure for presentation, opening, examination and evaluation of bids, minimum requirement, if any, with respect to technical, quality and performance characteristics that bids must meet in order to be considered responsive, and the criteria to be used by the procuring entity in evaluation of bids and 16 determining the successful bid, including any provision for preference and any criteria other than price to be used and the relative weight of such criteria;
(f) the terms and conditions of the procurement contract or the rate contract, to the extent they are already known to the procuring entity, and the contract or agreement form, if any, to be signed by the parties;
1[(ff) a condition which allows only one sub-contract/sub-letting, without any prior approval of the procuring entity, to Q Rated Score startups, by the contractor/approved bidder upto the limit as mentioned below subject to maximum of twenty percent of the original contract value,-
(a) for bronze QRated score startup:
upto rupees 1 crore in each case.
(b) for silver QRated score startup: upto rupees 2 crore in each case.
(c) for gold QRated score startup: upto rupees 5 crore in each case.
(d) for platinum/signature QRated score startup:
upto rupees 10 crore in each case.]
(g) if alternatives to the characteristics of the goods, works or services, contractual terms and conditions or other requirements set forth in the bidding documents are permitted, a statement to that effect, and a description of the manner in which alternative bids are to be evaluated and compared;
(h) if bidders are permitted to submit bids for only a portion of the goods, works or services to be procured, a description of the portion or portions for which bids may be submitted;
(i) the manner in which the bid price is to be formulated and expressed, including a statement as to whether the price is to cover elements other than the cost of the goods, works or services themselves, such as any applicable transportation and insurance charges, customs duties and taxes etc.;
(j) any requirements of the procuring entity with respect to the issuer and the nature, form, amount and other terms and conditions of any bid security to be provided by bidder submitting bid, and any such requirements for any security for the performance of the procurement contract or the rate contract to be provided by the bidder that enters into the procurement contract, including securities such as labour and materials bonds;
(k) the manner, place and deadline for the submission of bids;
(l) the means by which, bidders may seek clarifications of the bidding documents and a statement as to whether the procuring entity intends to convene a meeting of bidders;
(m) the period of time during which bids shall remain valid;
(n) the place, time and date for the opening of bids;
(o) references to the Act, these rules and other laws and regulations directly pertinent to the procurement proceedings, provided, however, that the omission of any such reference shall not constitute grounds for appeal or liability on the part of the procuring entity;
(p) the name, designation, address and e-mail address, if any, of one or more officers or employees of the procuring entity, who are authorised to communicate directly with and to receive communications directly from bidders in connection with the procurement proceedings, without the intervention of an intermediary;
(q) any commitments to be made by the bidder outside of the procurement contract, such as commitments relating to the transfer of technology;
(r) reference to the right provided to seek appeal of an unlawful act or decision of, or procedure followed by the procuring entity in relation to the procurement proceedings;
(s) if the procuring entity reserves the right to cancel bid proceedings and reject all bids, a statement to that effect;
(t) any formalities that shall be required once a bid has been accepted for a procurement contract or rate contract to enter into force, including, where applicable, the execution of a written procurement contract and approval by a higher authority or the State Government; and __________________
1. Inserted by Notification No.F.2(1)FD/G&T-SPFC/2017 dated 22.01.2025, published in Rajasthan Gazette EO Part 4(Ga)(I) dated 22.01.2025.
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(u) any other requirements laid down by the procuring entity like detail project report, concession agreement, design, plans, etc. in conformity with the Act and these rules relating to the preparation and submission of bids and to other aspects of the procurement proceedings.
(4) The procuring entity shall provide the bidding documents to each bidder that responds to the invitation to bids in accordance with the procedures and requirements specified therein. If prequalification, empanelment or registration proceedings have been engaged in, the procuring entity shall provide a set of bidding documents to each bidder that has been pre-qualified and that pays the price, if any, charged for that document.