Where Tenders are not called for or are dispensed with, the Executive Authority or Commissioner or Secretary, as the case may be, shall except in cases falling under Clauses (a) to (e) of Rule 8 get the work done through a Contractor selected from the Register of Contractors at rates which shall not ordinarily exceed the sanctioned estimate rates. Where on the ground of urgency or for other special reason, it is proposed to allow rates exceeding the sanctioned estimate rates, the previous written approval of the Authority competent under these Rules to approve the acceptance of Tenders at such rates shall be obtained:
Provided that any such work may be entrusted to a person in the locality who is not a registered Contractor, but who is interested in its execution, if in the opinion of the Executive Authority or Commissioner or Secretary, as the case may be, its execution through such agency is desirable and if the value or the amount does not exceed rupees two thousand:
Provided further that the selection of Contractors for works, the value or the amount of which is rupees two thousand or less shall be made by the Block Engineer or Assistant Engineer (Rural Development):
Provided also that in cases falling under clause (c) of Rule 8, the supplemental maintenance work shall be entrusted to the Contractor for the original maintenance work at the same rates as for the original maintenance work.
11. Dispense with further call of Tender —(1) Notwithstanding anything contained in these Rules, the Executive Authority or Commissioner or Secretary, as the case may be, may upto such date as the State Government may, by general or special order specify from time to time, dispense with further call of Tenders either when no Tender is received in the first instance or only high premium Tenders which are not considered reasonable are received and are rejected—
(a) If the value or the amount of the work does not exceed rupees five lakhs with the approval of the Village Panchayat or Panchayat Union Council or District Panchayat, as the case may be;
(b) If the value or the amount of the work exceeds rupees five lakhs but does not exceed rupees ten lakhs with the approval of the Collector of the district concerned;
(c) If the value or the amount of the work exceeds rupees ten lakhs but does not exceed rupees one crore with the approval of the Director of Rural Development; and
(d) If the value or the amount of the work exceeds rupees one crore with the approval of the State Government.
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(2) In case Tenders are not dispensed with under sub-rule (1), the Executive Authority or Commissioner or Secretary, as the case may be, may negotiate with the Tenderers in order to entrust the work to the most suitable tenderer having regard to all the local conditions and accept an offer at the rate other than specified in the Tender with the approval of the Collector of the district concerned,—
(i) If the value or the amount of the work does not exceed rupees five lakhs with the concurrence of Village Panchayat or Panchayat Union Council or District Panchayat, as the case may be;
(ii) If the value or the amount of the work exceeds rupees five lakhs but does not exceed rupees ten lakhs with the concurrence of the Collector of the district concerned;
(iii) If the value or the amount of the work exceeds rupees ten lakhs and does not exceed rupees one crore with the approval of the Director of Rural Development; and
(iv) If the value of the work exceeds rupees one crore with the concurrence of the State Government.
12. Register of Contractors —A Register of Contractors shall be maintained in the Village Panchayat, Panchayat Union Council and District Panchayat Offices respectively in Form I as appended to these Rules and such Register shall be treated as confidential. A copy of the Register shall be submitted annually to the Block Engineer / Assistant Engineer (Rural Development) in case of Village Panchayat and to the Executive Engineer (Rural Development) in case of Panchayat Union Council and District Panchayat, by the Executive Authority or Commissioner or Secretary, as the case may be.
13. Scrutiny of Registers —(1) The Register of Contractors shall be kept up-to-date, when submitted to the Authority under Rule 12, such Authority shall scrutinize the Register at least once in a year and sign it in token of his scrutiny. Any changes in the Register considered necessary by such authority shall be referred by him in writing to the Executive Authority or Commissioner or Secretary, as the case may be, for orders. The Executive Authority or Commissioner or Secretary, as the case may be, shall pass orders on the changes, if any, proposed by the said Authority and shall record his reasons for the changes, if any, ordered by him. A copy of the corrections made in the Register shall be submitted to the Executive Engineer (Rural Development) concerned and shall be filed with the Register in his Office.
(2) In the remarks column of the Register , the qualifications of the Contractor, the quality and magnitude of work previously executed by him and all other relevant particulars shall be entered.
(3) Any person desirous of being registered as a Contractor shall apply to the concerned Village Panchayat or Panchayat Union Council or District Panchayat, as the case may be, enclosing a receipt from the Village Panchayat or Panchayat Union Council or District Panchayat Office, as the case may be, for the fee fixed by the Village Panchayat or Panchayat Union Council or District Panchayat, as the case may be, under sub-rule (4) and stating his qualifications and previous experience.
(4) The Village Panchayat or Panchayat Union Council or District Panchayat, as the case may be, may fix a fee not exceeding rupees five hundred to be paid by an applicant for registration as a Contractor.
(5) On receipt of an application under sub-rule (3), the Executive Authority or Commissioner or Secretary, as the case may be, shall refer such application to Block Engineer or Assistant Engineer (Rural Development), who shall make a full enquiry and submit the application to the Executive Authority or Commissioner or Secretary, as the case may be, with the record of the enquiry made by him and his views on rejection or recommendation in regard to the particulars mentioned in columns (4) and (5) of the Register. The Executive Authority or Commissioner or Secretary, as the case may be, shall place the details of enquiry along with the application for
16. GENERAL FUND WORKS 435 consideration of Village Panchayat or Panchayat Union Council or District Panchayat, as the case may be, who shall pass orders on the application after which the same shall be entered in the Register by the Executive Authority or Commissioner or Secretary, as the case may be.
(6) The said Register and connected records shall be made available for the perusal of the Audit or supervising Officer, who shall bring to the notice of the Inspector and Superintending Engineer (Rural Development) of any material irregularities. The Superintending Engineer (Rural Development) shall cause the material irregularities to be enquired into and to place the details before the Inspector, who after giving an opportunity to the concerned Executive Authority or Commissioner or Secretary, as the case may be, shall pass order which will be binding on the respective Panchayat.
(7) The names of the Contractors may be removed from the Register of Contractors by the Executive Authority or Commissioner or Secretary, as the case may be, for any proved misconduct or for any financial incapacity or for any other reasons:
Provided that before ordering the removal of the name of any Contractor from the Register, a notice in writing shall be given to him to show cause against such removal and his explanation be obtained in writing for consideration and place the details for consideration of the Village Panchayat or Panchayat Union Council or District Panchayat, as the case may be.
14. Tender procedure —(1) Subject to the provisions of Rule 18, Tenders in sealed covers shall be invited by the Executive Authority or Commissioner or Secretary as the case may be, in the most open public and transparent manner possible—
(a) By displaying the Tender notice in Tamil on the notice board of the Village Panchayat or Panchayat Union or District Panchayat, as the case may be, in such other places as the Executive Authority or Commissioner or Secretary, as the case may be, may direct;
(b) By sending copies of the Tender notice to the Assistant Executive Engineer (Rural Development) and Executive Engineer (Rural Development) for displaying on the notice board of their offices concerned; and
(c) by publication of the Tender notice in the District Gazette:
1[Provided that Tender notice in respect of a work if the value of which exceeds ten lakhs rupees and does not exceed twenty-five lakhs rupees shall be published in two Tamil newspapers at the district level].
(2) Every notice published under sub-rule (1) shall state,—
(i) When and where the contract documents may be inspected;
(ii) the precise form of tendering that is, whether it shall be at specified percentage below or above estimate rates, or whether definite rate issued be quoted for each item of work included in the schedule;
(iii) When and where Tenders are to be submitted;
(iv) When and where they are to be opened;
(v) the amount of earnest money which shall accompany the Tender and the amount and nature of security required in case the Tender is accepted; and
(vi) the Authority competent to accept the Tender, reserve the right to reject any or all of the Tenders received without assigning any reason.
15. Precise form of Tender —(1) The precise form of tendering, namely, whether it shall be at specified percentage below or above the estimate rates, or whether definite rates shall be quoted for each item of work included in the schedule independently of the rates provided for in the sanctioned estimate, shall be decided by the Executive Authority or Commissioner or Secretary, as the case may be.
(2) Contractors who are required to Tender on percentage basis, may be permitted to
16. GENERAL FUND WORKS 436 examine the estimates for a work, but the data statement showing the actual cost of materials and the distance of the leads on which the estimate is really based shall not be shown to them nor shall it form part of the Contract documents.
16. Preparation of Contract documents —(1) Before Tenders are invited for the execution of a work on Contract, the Executive Authority or Commissioner or Secretary, as the case may be, shall prepare Contract documents which shall include—
(i) a complete set of drawings showing the general dimensions of the proposed work and so far as necessary details of the various parts;
(ii) a complete specification of the work to be done and of the materials to be used as approved by the Director of Rural Development unless reference can be made to some standard specifications;
(iii) a schedule of the quantities of the various descriptions of the work; and
(iv) a set of conditions of Contract to be complied with by the Tenderer in case his Tender is accepted.
(2) The draft Tender schedule and Tender conditions shall be got approved from the Technical Authority concerned competent to accord sanction of estimate before calling for Tenders.