The Tamil Nadu Transparency In Tenders Rules, 2000


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THE TAMIL NADU TRANSPARENCY IN
TENDERS RULES, 2000

THE TAMIL NADU TRANSPARENCY IN TENDERS RULES, 2000

CHAPTER RULES

CONTENT

I.

PRELIMINARY

1. Short tile, extent and commencement

2. Definitions

II.

GENERAL

3. Categories of procurement

4. Methods of tendering

III.

PUBLICITY

5. Publication of tender bulletin

6. Distribution of tender bulletins

7. Tender Bulletin to contain information only

8. Information to be published in the district tender bulletin

9. Information to be published in the State tender bulletin

10. Details to be mentioned in notice inviting tenders

11. Publication of notice inviting tenders in newspapers

12. Sending notice inviting tenders to all possible tenderers

IV.

NOTICE INVITING TENDERS AND TENDER

DOCUMENTS

13. Technical specifications contained in the tender documents

14. Commercial conditions

15. Tender documents to clearly specify evaluation criteria

16. Supply of tender documents

17. Clarification to tender documents

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Tamil Nadu Transparency in Tenders Rules, 2000

CHAPTER RULE S

CONTENT

V.

RECEIPT OF TENDERS AND TENDER OPENING

18. Place and time for receipt of tenders

19. Marketing of covers in which the tender is submitted

20. Minimum time for submission of tenders

21. Opening of tenders

22. Procedure to be followed at tender opening

23. Changes and alterations not be permitted after tender opening

24. Tender scrutiny committee

VI.

TENDER EVALUATION

25. Tender evaluation to be in accordance with evaluation criteria

26. Time taken for evaluation and extension of tender validity

27. Process of tender evaluation to be confidential until the award of the contract is notified

28. Initial examination to determine substantial responsiveness

29. Determination of the lowest evaluated price

30. Preparation of evaluation report and award of tenders

VII.

EVALUATION AND AWARD OF TENDERS IN

SPECIAL CASES

31. Procurement in special cases

32. Pre-qualification procedure

33. Low value procurement

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Tamil Nadu Transparency in Tenders Rules, 2000

CHAPTER-I.
PRELIMINARY.
1. Short title and commencement.-
(a) These rules may be called the Tamil Nadu Transparency in Tenders Rules, 2000.
(b) They shall come into force on the date 1st October, 2000.
2. Definitions.- In these rules, unless there is anything repugnant in the subject or context,-
(a) “Act” means the Tamil Nadu Transparency in Tenders Act, 1998 (Tamil Nadu Act 43 of 1998);
(b) “supply and installation contract” means a contract under which the tenderer is required to supply, erect, test and commission the equipment at the place specified by the procuring entity;
(c) “fixed rate contract” means a contract where a set of rates and terms and conditions are fixed for the supply of unit quantities of goods or certain standardized services;
(d) “pre-qualification” means the process by which the tenderers are first screened for their capability and resources to implement the contract before they are permitted to offer their tenders;
(e) “two-cover system” means a procedure under which the tenderers are required to simultaneously submit two separate sealed covers, one containing the Earnest Money Deposit and the details of their capability to undertake the tender which will be opened first and the second cover containing the price quotation which will be opened only if the tenderer is found qualified to execute the tender;
(f) “earnest money deposit” means the amount required to be remitted by a tenderer along with his tender indicating his willingness to implement the contract; and
(g) “piece-work contract” and “lump-sum contract” shall have the same meaning as in the Tamil Nadu Public Works Department code.

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Tamil Nadu Transparency in Tenders Rules, 2000

CHAPTER-II.
GENERAL
3. Categories of procurement.-
(1) For the purposes of the application of these rules, procurement is categorized as follows, namely:(i) Construction; and (ii) Supply of goods and services.
(2) While the provisions of these rules shall apply in general to each of the categories of procurement in sub-rule (1), where a specific provision has been made in the rules regarding any specific category, that specific provision shall prevail as against any general provision in so far as that category of procurement is concerned.
4. Methods of tendering.(1) Procurement of different categories shall be effected by the following methods of tendering, namely:-
(i) Piece-work contract;
(ii) Lump-sum contract;
(iii) Turn-key contract;
(iv) Multi-stage contracting including pre-qualification and two cover system; and
(v) Fixed rate contract.
(2) The tender inviting authority shall decide the method of tendering to be followed in each case having regard to the category, size and complexity of the procurement.
(3) While the provisions of these rules shall apply to each of the methods of procurement indicated in sub-rule(1) generally where a specific provision has been made in these rules regarding a particular method of tendering, such specific provision shall prevail as against any general provision in so far as that particular method of tendering is concerned.

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Tamil Nadu Transparency in Tenders Rules, 2000

CHAPTER III.
PUBLICITY.
5. Publication of tender bulletin:(1) The District Tender Bulletin shall be published by the District Bulletin Officer at least once in every week. (2) The State Tender Bulletin shall be published by the State Tender Bulletin Officer at least once in every week. (3) The Tender Bulletin Officer shall cause to be published all notices inviting tenders and intimations of acceptance of tenders received upto twenty four hours prior to the actual publication of the bulletin. (4) In case a notice inviting tender or information relating to acceptance of the tender needs to be published urgently, then the Secretary to Government of the concerned administrative department in the case of the State tender bulletin or the District Collector in the case of the District tender bulletin can for reasons to be recorded in writing, direct the respective tender bulletin officers to publish an extraordinary issue of the tender bulletin.
6. Distribution of tender bulletins.(1) The Tender Bulletin Officer shall make the tender bulletin available at any office of a Government department, local authority, statutory board, public sector undertaking, local body, university or cooperative institution. (2) The Tender Bulletin Officer shall make available adequate copies of the tender bulletin at the office of the Tender Inviting Authority whose notice inviting tenders and intimation of tender acceptance finds place in the bulletin. (3) Any person or institution can be enrolled as a regular subscriber to the tender bulletin on payment of a fixed fee annually, half-yearly or quarterly, as the case may be.
7. Tender bulletin to contain information only.(1) The tender bulletin shall contain only information of the notice inviting tenders and the orders accepting a tender and does not in itself create a legal right or liability. (2) A notice inviting tender will not be invalidated merely on the grounds that the notice although published in newspapers has not been published in one or the other of the District Tender Bulletins or State Tender Bulletins or when published in the State Tender Bulletin could not be published in a District Tender Bulletin or vice versa.

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Tamil Nadu Transparency in Tenders Rules, 2000

8. Information to be published in the district tender bulletin:-
Subject to the provisions of rule 10, notices inviting tenders and decisions on tenders in all cases where the value of the procurement exceeds rupees five lakhs or below rupees twenty five lakhs shall be published in the District Tender Bulletin of the district where the headquarters of the Tender Inviting Authority is located and in the district where the work is to be executed or the goods and services supplied.
9. Information to be published in the State tender bulletin:-
The notice inviting tenders and decisions on tenders shall be published in the State Tender Bulletin in cases where.-
(a) the value of procurement exceeds rupees twenty five lakhs; (b) The Tender Inviting Authority is a Secretary to Government, or a
head of a Government department, or Local Authority or the Chief Executive of a Public Sector Undertaking, Statutory Board, Apex Cooperative Institution, University or State Level Society formed by the Government. (c) In any other case, where the Tender Inviting Authority deems it fit.
10. Details to be mentioned in notice inviting tenders.-
The Notice Inviting Tenders shall contain the following details, namely:-
(a) The name and address of the procuring entity and the designation and address of the Tender Inviting Authority;
(b) Name of the scheme, project or programme for which the procurement is to be effected;
(c) The date upto which and places from where the tender documents can be obtained;
(d) The amount of earnest money deposit payable; (e) The last date and time for receipt of tenders; (f) The date, time and place for opening of tenders received; and (g) Any other information the Tender Inviting Authority considers
relevant.
11. Publication of notice inviting tenders in newspapers.-
(1) The Tender Inviting Authority shall have the notice inviting tenders published in the Indian Trade Journal in all cases where the value of procurement exceeds rupees 1fifty crores.
(2) The number, editions and language of the newspapers in which the notices inviting tenders shall be published will be based on the value of procurement.
1 This word substituted for the word “ ten crores ” by the orders issued in G.O Ms. No. 392, Finance(salaries) Department, Dated 18th August 2009.

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Tamil Nadu Transparency in Tenders Rules, 2000

(3) In cases where publication of Tender Notices is to be done only in Newspapers with circulation within the District, the Information and Public Relations Officer attached to the District Collectorate shall be the competent authority to release the advertisement and in all other cases the competent authority to release the advertisement shall be the Director of Information and Public Relations, Chennai.
(4) The notice inviting tender shall be given due publicity in Newspapers and also on notice boards in the District Offices. For tenders above rupees fifty lakhs, Director of Information and Public Relations will publish the Notice Inviting Tenders as per instructions of the tendering department. For other tenders, Director of Information and Public Relations will publish keeping in mind the request of the department. There should not be any additional insertion and no publication of Notice Inviting Tenders in newspapers not requested by the tendering departments for tenders above rupees fifty lakhs.
12. Sending notice inviting tenders to all possible tenderers.-
The Tender Inviting Authority may if he considers necessary, send the Notice Inviting Tenders to all possible tenderers including registered contractor, past supplier, any potential supplier and any other well known company or firm directly.

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Tamil Nadu Transparency in Tenders Rules, 2000

CHAPTER IV.
NOTICE INVITING TENDERS AND TENDER DOCUMENTS.
13. Technical specifications contained in the tender documents.-
(1) The technical specifications contained in the tender documents shall include a detailed description of what is proposed to be procured.
(2) Unbiased technical specifications shall be prepared by observing the following safeguards, namely:-
(a) use of brand names and catalogue numbers shall be avoided and where it becomes unavoidable, along with the brand name the expression “or equivalent” shall be added;
(b) wherever possible the appropriate Indian Standards with the number shall be incorporated;
(c) in the case of construction tenders, detailed estimates shall be prepared by the competent technical authorities based on the schedule of rates and standard data as revised from time to time provided that for large and prestigious projects, the Government shall permit any procuring entity to engage a qualified private architect or consultant to prepare the design and estimates; and
(d) in case alternative designs or materials are permitted, the conditions for their acceptability and the method of their evaluation shall be clearly stated.
14. Commercial conditions.-
(1) The tender documents shall require all tenderers without exception to pay an earnest money deposit ordinarily not exceeding one per cent of the value of the procurement by means of a demand draft, bankers cheque, specified small savings instruments or where the procuring entity deems fit, irrevocable bank guarantee in a prescribed form. The tender documents shall clearly state that any tender submitted without the earnest money deposit in the approved form be summarily rejected provided that any category of tenderers specifically exempted by the Government from the payment of earnest money deposit will not be required to make such a deposit.
(2) The tender documents shall specify the period for which the tenderer should hold the prices offered in the tender valid:
Provided that the initial period of validity shall not be less than ninety days.

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Tamil Nadu Transparency in Tenders Rules, 2000

(3) The tender documents shall require that as a guarantee of the tenderer’s performance of the contract, a security deposit be taken from the successful tenderer subject to the conditions that -
(a) the amount of the deposit not exceeding five per cent of the value of the orders placed: and
(b) the deposit being in the form of demand draft or bankers’ cheque or specified small savings instruments or where the procuring entity deems fit, irrevocable bank guarantee in a prescribed form.
(4) The tender documents shall clearly indicate the payment terms conforming to the following requirements.-
1(a) "Payment shall ordinarily be effected only on completion of delivery against the orders placed.
Provided that payment of advance may be made in the following cases for sufficient reasons to be recorded by the procuring entity:-
(i) in cases where goods, commodities and services are procured through imports requiring opening of Letter of Credit;
(ii) in cases where there is single source of supply only and where the practice of paying advance is already in vogue as a standard practice;
(iii) in cases of purchase during natural calamities and emergencies declared by the Government under clause (a) of section 16 of the Act;
(iv) in cases of purchase of life saving drugs; and
(v) in cases where the standard commercial terms of supply require payment of advance by the procuring entity, such as the machinery and equipment manufacturers for sugar and cement plants".
(b) Mobilization advances may be paid in the case of construction or supply and installation contracts of a large and complex nature, for a value exceeding rupees one crore provided that such mobilization advances shall not ordinarily exceed ten per cent of the value of the contract, shall be secured against irrevocable bank guarantee and shall be recovered in the subsequent bills payable along with interest as per specific terms set in the tender documents provided that in case of mobilisation advances for plant machinery and equipment, they are also hypothecated to the Governor of Tamil Nadu in addition to other requirements;
(c) Percentage of payment to be withheld for the effective performance of the contract, provided that withheld amounts do not exceed ten per cent of the total value of contract;
1 This clause was substituted for the expression, "Payment shall ordinarily be effected only on completion of delivery against the orders placed, subject to the exceptions specified in the tender documents". [G.O.Ms.No.107, Finance (Salaries) Department, Dated 23-3-2004]

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Tamil Nadu Transparency in Tenders Rules, 2000

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The Tamil Nadu Transparency In Tenders Rules, 2000