(1) A bidder may be a natural person, private entity, governmentowned entity or, where permitted in the bidding documents, any combination of them with a formal intent to enter into an agreement or under an existing agreement in the form of a Joint Venture. In the case of a Joint Venture: -
(a) all parties to the Joint Venture shall sign the bid and they shall be jointly and severally liable;
and
(b) a Joint Venture shall nominate a representative who shall have the authority to conduct all business for and on behalf of any or all the parties of the Joint Venture during the bidding process. In the event the bid of Joint Venture is accepted, either they shall form a registered Joint Venture company/firm or otherwise all the parties to Joint Venture shall sign the Agreement.
(2) A bidder should not have a conflict of interest in the procurement in question as stated in rule 81 and the bidding documents. The procuring entity shall take appropriate actions against the bidder in accordance with section 11 and Chapter IV of the Act, if it determines that a conflict of interest has flawed the integrity of any procurement process. All bidders found to have a conflict of interest shall be disqualified.
(3) A bidder debarred under section 46 shall not be eligible to participate in any procurement process undertaken by,-
(a) any procuring entity, if debarred by the State Government; and
(b) a procuring entity if debarred by such procuring entity.
(4) In case of procurement of goods, bidder must be a manufacturer, distributor or bona-fide dealer in the goods and it shall furnish necessary proof for the same in the specified format. Where applicable, proof of authorisation by the manufacturer or country distributor in India, shall be enclosed.
18 1[Rule 40. Time frame for the procurement process.- (1) The time frame for the one stage bidding shall be as under:- Table Bid cycle of outer time frame for various procurement method by one stage bidding S.
No.
Stages of Procurement Procurement Method Open Competitive Bidding Limited Bidding and Single Source Procurement 1 2 3 4
1. Issue of bidding documents On the day of first publication of Notice Inviting Bids.
-
2. Submission of bids (i) Thirty days, if estimated value of procurement is more than Rs. 50 crores and Twenty days, if the estimated value of procurement is upto Rs. 50 crores from the date of first publication of Notice Inviting Bids;
(ii) Where clarifications/ addendum are issued, at least fifteen days, if estimated value of procurement is more than Rs. 50 crores and 10 days, iof estimated value of procurement is upto Rs. 50 crores, from the date of issue of clarifications/ addendum;
(iii) In case of International Competitive Bidding, the period of submission of bids shall be forty five days from the date of first publication of Notice Inviting Bids and at least twenty days from the date of issue of clarifications/addendum.
Seven days from issue of Bidding documents/date of issue of clarifications/ addendum.
1. Substituted by Notification No.F.2(1)FD/G&T(SPFC)/2017 dated 6.8.2018, published in Raj. Gazette EO Pt.4(II) dated 6.8.2018 for - "Rule 40. Time frame for procurement process.- (1) The time frame for one stage bidding shall be as under:- Table Bid cycle of outer time frame for various procurement methods by one stage bidding S. No. Stages of Procurement Procurement Method Open Competitive Bidding Limited Bidding and Single Source Procurement 1 2 3 4
1. Issue of bidding documents On the day of first publication of Notice Inviting Bids. -
2. Submission of bids (i) Thirty days from the date of first publication of Notice Inviting Bids;
(ii) Where clarifications/ addendum are issued, at least fifteen days from date of issue of clarifications/ addendum; or
(iii) In case of International Competitive Bidding, the period of submission of bids shall be forty five days from the date of first publication of Notice Inviting Bids and at least twenty days from the date of issue of clarifications/addendum.
Seven days from issue of Bidding documents/date of issue of clarifications/ addendum.
3. Technical bid opening Within one day of last day of submission of bids. Within one day of last day of submission of bids.
4. Issue of letter of award Within three days of approval of award by the competent authority. Within three days of approval of award by the competent authority.
5. Execution of contract agreement Within fifteen days of issue of letter of award or a period as specified in the bidding documents.
Within fifteen days of issue of letter of award or a period as specified in the bidding documents.
6. Declaration of the bid results on State Public Procurement Portal and Procuring entity's website, if any Within three days of issue of letter of acceptance.
Within three days of issue of letter of acceptance.
Provided that, in appropriate cases, the procuring entity may, with the approval of the *[competent authority authorised by the State Government for the purpose] relax the above mentioned time frame of bid process.
(2) A decision on acceptance or rejection of bids invited in a procurement process must be taken by the competent sanctioning authority within the period as given below, even if the period of validity may be more, from the date of opening of technical bids where two envelope system is followed, otherwise from the date of opening of financial bids. If the decision is not taken within the given time period by the concerned sanctioning authority, the bids shall be submitted to the next higher authority for decision with reasons of not taking decision within the given time period. In exceptional circumstances, the State Government may relax the limit of time period prescribed for Administrative Department/Finance Committee/ Board/ Empowered Committee, etc.
Table Time schedule for decision on the bids by the competent authority S.
No.
Authority competent to take decision Time allowed for decision 1 2 3
1. Head of Office or Executive Engineer Twenty days
2. Regional Officer or Superintending Engineer Thirty Days
3. Additional Chief Engineer Forty days
4. Head of the Department or Chief Engineer Fifty days
5. Administrative Department Sixty days
6. Finance Committee/ Board/Empowered Committee/Empowered Board, etc. Seventy days Note: (1) The period specified above shall be inclusive of time taken in communication of acceptance of bid.
(2) If procuring entity is other than the departments of the State Government or its attached or subordinate offices, the concerned administrative department shall specify the equivalent authority competent to take decision on the bid."
* Substituted words "State Government" by Notification No.F.1(8)FD/GF&AR/2011 dated 4.9.2013, published in Raj.Gazette EO Pt.4(Ga)(I) dated 4.9.2013.
19
3. Technical bid opening Within one day of last day of submission of bids.
Within one day of last day of submission of bids.
4. Issue of letter of award Within three days of approval of award by the competent authority.
Within three days of approval of award by the competent authority.
5. Execution of contract agreement Within fifteen days of issue of letter of award or a period as specified in the bidding documents.
Within fifteen days of issue of letter of award or a period as specified in the bidding documents.
6. Declaration of the bid results on State Public Procurement Portal and Procuring entity's website, if any Within three days of issue of letter of acceptance.
Within three days of issue of letter of acceptance.
Provided that, in appropriate cases, the procuring entity may, with the approval of the competent authority authorised by the State Government for the purpose, relax the above mentioned time frame of bid process.
(2) A decision on acceptance or rejection of bids invited in a procurement process must be taken by the competent sanctioning authority within the period as given below, even if the period of validity may be more, from the date of opening of technical bids where two envelope system is followed, otherwise from the date of opening of financial bids. If the decision is not taken within the given time period by the concerned sanctioning authority, reasons of not taking decision within the given time period shall be specifically recorded by the competent sanctioning authority while taking its decision.
Table Time schedule for decision on the bids by the competent authority S.
No.
Authority competent to take decision Time allowed for decision 1 2 3
1. Head of Office or Executive Engineer Twenty days
2. Regional Officer or Superintending Engineer Thirty Days
3. Head of the Department or Chief Engineer/Additional Chief Engineer Forty days
4. Administrative Department concerned/ Finance Committee/ Board/Empowered Committee/ Empowered Board, etc.
Fifty days Note: (1) The period specified above shall be inclusive of time taken in communication of acceptance of bid.
(2) If procuring entity is other than the departments of the State Government or its attached or subordinate offices, the concerned administrative department shall specify the equivalent authority competent to take decision on the bid.]
20 Rule 41. Prequalification proceedings.- In addition to the provisions of section 18 the procedure of prequalification process shall be carried out in the manner as specified below-
(a) Registration or empanelment of prospective bidders may be done as per the procedure specified for prequalification proceedings.
(b) The procuring entity shall take a decision to pre-qualify a bidder only in accordance with the criteria and procedures a s set out in the invitation to pre-qualify and in the pre-qualification documents.
(c) The procuring entity shall promptly notify each bidder presenting an application to pre-qualify whether or not it has been pre-qualified and also publish the result of prequalification proceedings on the State Public Procurement Portal.
(d) The procuring entity shall promptly communicate, with reasons, to each bidder that it has not been pre-qualified.