1-41 Tendering PPRA
1-41 Tendering PPRA
1-41 Tendering PPRA
Contract
‘contract’ means the agreement proposed to be entered into
between the procuring agency and the successful bidder;
Contractor
‘contractor’ means a person, firm, company or an organization
who or which undertakes to supply goods, services or works
/Project and includes a consultant;
Emergency
‘emergency’ means natural calamity/tragedy, disaster, accident,
war and operational emergency which may give rise to abnormal
situation requiring prompt and immediate action to limit or
avoid damage to person, property or the environment;
Advertisement
`advertisement‟ means an advertisement published in the
prescribed manner
applicant
`applicant‟ means a person or firm who seek/look for to be
enlisted or to be prequalified or to be shortlisted in response to
the advertisement given by the procuring agency;
Biding Document
„biding document‟ means a document or a set of documents
prescribing the quantity, quality, characteristics, conditions and
procedures of the transactions prior to the actual procurement
and on the basis of which bidders prepare their bids;
Bid Security
„bid security‟ means the bank guarantee or other form of security
submitted by a bidder together with a bid to secure the obligations
of the bidder participating in a bidding/Tendering proceedings
Competitive Bidding
competitive bidding‟ means a procedure leading to the award
of a contract whereby all the interested persons, firms,
companies or organizations may bid for the contract;
Competent Authority
„competent authority‟ means the head of the procuring agency
or any other officer authorized to act as competent authority;
Completion Date
completion date means the date of completion of the
procurement /Project certified by the procuring agency;
Consultant
Consultant means a person or firm who or which is qualified by
appropriate education and relevant experience for provision of
consultancy services;
Consultancy Services
consultancy services means services requiring adequate
technical expertise and financial capability in undertaking
specific assignment or project and may be of an intellectual
nature and differ from the other types of services directly
connected with the procurement of goods and works in which
the physical component of the activity is the main function and
often involves equipment intensive assignments and may
include:
Consultancy Services (Continued)
Evaluation Report‟
„evaluation report‟ means the report prepared after the
evaluation of tenders, quotations, expression of interest, or
proposal
Lowest evaluated bid means:
(i) a bid most closely conforming to evaluation criteria and
other conditions specified in the bidding document; and
(ii) having lowest evaluated cost;
Performance Guarantee
performance guarantee means the bank guarantee or other
form of security submitted by the contractor to secure
obligations under the contract in accordance with the
requirement in the bidding document
pre-qualification
pre-qualification means a procedure for demonstrating
qualification as a pre-condition for being invited to tender;
Responsive
Responsive means qualified for consideration on the basis of
declared evaluation criteria and specified in the bid document
or in the request for proposal (RFP)
Framework Contract
framework contract‟ means a contract whereby the procurement
is made for a certain volume or quantity of a particular good, a
set of goods, services or works over a specific period against an
agreed sum or rate per item or lump sum
Large Consultancy
means a consultancy where the cost of consultancy exceeds
two million rupees for individual consultant and five million
rupees for consulting firms and the duration of large
consultancy for an individual consultant shall not exceed
twelve months
Short Consultancy
Short Consultancy means consultancy where the cost of
consultancy does not exceed two million rupees for individual
consultant and five million rupees for consulting firms and
duration of the short consultancies for an individual
consultants shall not exceed six months];
Approval Mechanism.–
All procuring agencies shall provide clear authorization and
delegation of powers for different categories of procurement and
shall initiate procurements after prior approval of the competent
authority
12. Method of advertisement.– (1)
Save as otherwise provided in these rules, a procuring agency
shall advertise procurement of more than [two] hundred
thousand rupees and up to the limit of [three] million rupees on
the website of the Authority in the manner and format specified
by regulations but if deemed in public interest, the procuring
agency may also advertise the procurement in at least one
national daily newspaper
“Coercive/Forced Practice”
means any impairing/damaging or harming, or threatening to
impair/damage or harm, directly or indirectly, any party or the
property of the party to influence the actions of a party to
achieve a wrongful gain or to cause a wrongful loss to
another party
“Collusive Practice” means any arrangement between
two or more parties to the procurement process or contract
execution, designed to achieve with or without the knowledge of
the procuring agency to establish prices at artificial,
noncompetitive levels for any wrongful gain;
Collision Collusion
one moving object or secret or illegal cooperation
person striking violently or conspiracy in order to
against another. deceive others
Open competitive
bidding/Tendering.–
The procuring agencies shall engage in open
competitive bidding/tendering if the cost of
procurement is more than the prescribed financial
limit.
Submission of bids /tender
A bidder shall submit a bid in a sealed package or
packages in such manner that the contents of the
bid are fully enclosed and cannot be known until duly
opened.
A procuring agency shall specify the manner and
method of submission and receipt of bids in an
unambiguous and clear manner in the tender/bidding
documents.
Bidding/Tender documents.
A procuring agency shall formulate precise and
unambiguous bidding documents that shall be made
available to the bidders immediately after the
publication of the invitation to bid/tender.
For competitive bidding, whether open or limited,
the bidding documents shall include the following:
1. invitation to bid;
2. instructions to bidders;
3. form of bid;
4. form of contract;
5. general or special conditions of contract;
6. specifications and drawings or performance
criteria (where applicable);
7. List of goods or bill of quantities (where
applicable);
8. Delivery time or completion schedule;
9. Qualification criteria (where applicable);
10.Bid evaluation criteria;
11.Format of all securities required (where
applicable);
12.Details of standards (if any) that are to be used in
assessing the quality of goods, works or services
specified; and
7. any other detail not inconsistent with these rules
that the procuring agency may deem necessary.
Any information that becomes necessary for
bidding or for bid evaluation, after the invitation to
bid or issue of the bidding documents to the
prospective bidders, shall be provided in a timely
manner and on equal opportunity basis.
Explanation.-
In ascertaining/determining the discriminatory or
difficult nature of any condition, reference shall be
made to the ordinary practices of that trade,
manufacturing, construction business or service to
which that particular procurement is related.
Opening of Bids
The date for opening of bids and the last date for
the submission of bids shall be the same; and, bids
shall be opened at the time specified in the bidding
documents which shall not be less than thirty
minutes after the closing time for the
submission of the bids.
All bids shall be opened publicly in the presence of
the bidders or their representatives who may choose
to be present, at the time and place announced
prior to the bidding and the procuring agency
shall read aloud the unit price as well as the bid
amount and shall record the minutes of the bid
opening.