Please note that the questions which have been answered below are among the ones, which are being asked by the officers of procuring entities on frequent basis. In order to provide help to the procuring entities, efforts have been made to present the factual position as per the RTPP Act and Rules on those issues, however, please ensure to go through the provisions of the Rajasthan Transparency in Public Procurement Act, 2012, and the Rules, 2013 made thereof, thoroughly before moving forward in any procurement process. In case of any discrepancy between the information presented here and the said Act & Rules, the provisions of the said Act and Rules shall prevail. If you happen to find any anomaly in these or want to draw the attention of SPFC towards any specific issue in this regard, please feel free to write to us at email@example.com.)
As per Section 2 (i) of RTPP Act, 2012, “Bid” means a formal offer made in pursuance of an invitation by a procuring entity and includes any tender, proposal or quotation.
The minimum time of submission of bids shall be calculated from the date of first publication of NIB on State Public Procurement Portal, as mentioned in Section 29(5) of RTPP Act and Rule 43 of the RTPP Rules, and as per the Circular no. 04/2015, dated 31.08.2015, issued by the Finance (SPFC) Department.
As per rule 55 of RTPP Rules, 2013, the bid shall be opened in presence of the bidders or their authorized representatives, who choose to be present, at the time, date and place specified in the bidding documents. Technical bids should be opened within one day of last day of submission of bids, as per rule 40. For complete procedure of bid opening, see rule 55 of RTPP Rules, 2013.
Amount of bid security will be calculated as per the provisions given in Rule 42 of RTPP Rules, 2013.
According to the provision of Rule 42 of RTPP Rules, 2013 bid security shall not be taken in case of petty procurement valuing up to rupees ten thousand and procurement by the methods of limited bidding under clause (b) and (c) of sub-section (1) of section 30, request for quotations, spot purchase, single source procurement and competitive negotiations.
As per Rule 42 (2), in case of Small Scale Industries of Rajasthan, the bid security shall be 0.5% of the quantity offered for supply and in case of sick industries, other than Small Scale Industries, whose cases are pending with Board of Industrial and Financial Reconstruction, it shall be 1% of the value of bid. Concessional bid security may be taken from registered bidders as specified by the State Government. In lieu of bid security, a bid securing declaration shall be taken from Departments of the State Government and Undertakings, Corporations, Autonomous bodies, Registered Societies, Cooperative Societies which are owned or controlled or managed by the State Government and Government Undertakings of the Central Government.
Procuring entity shall be an entity as described in Section 3 (2) of the Rajasthan Transparency in Public Procurement Act, 2012.
As per provisions of Rule 72 of RTPP Rules, 2013, procuring entity reserves the right to accept or reject any bid, and to annul the bidding process and reject all bids at any time prior to award of contract, without thereby incurring any liability to the bidders. Reasons for doing so shall be recorded in writing.
As per the provisions of Rule 69 of RTPP Rules, 2013, to the extent possible, no negotiations shall be conducted after the pre-bid stage but if ring prices have been quoted by the bidders for the subject matter of procurement or the rates quoted very considerably and considered much higher than the prevailing market rates, procuring entity has full powers to undertake negotiations with the lowest or the most advantageous bidder only.
As per the provisions of Rule 69 (3) of RTPP Rules, 2013, the bid evaluation committee shall have full powers to undertake negotiations. The negotiations shall be taken up with the lowest or the most advantageous bidder only. Detailed reasons and results of negotiations shall be recorded in the proceedings. Rule 69 (6) of RTPP Rules, 2013 further clarifies that in case of non-satisfactory achievement of rates from lowest or most advantageous bidder, the bid evaluation committee may choose to make a written counter offer to the lowest or most advantageous bidder and if this is not accepted by him, the committee may decide to reject and re-invite bids or to make the same counter-offer first to the second lowest or most advantageous bidder, then to the third lowest or most advantageous bidder and so on in the order of their initial standing and work / supply order be awarded to the bidder who accepts the counter-offer. This procedure should be used in exceptional cases only.
In such a case, the procuring entity may act as per provisions of Rule 69 of RTPP Rules, 2013. This procedure should be used in exceptional cases only. In case, the rates even after the negotiations are considered very high, fresh bids shall be invited.
The procuring entity concerned.
For uploading bid documents, a procuring entity shall have to get user id and password from the Nodal Officer, nominated at the level of their respective Head of the Department.
All the documents to be uploaded should be in pdf format.
The procuring entity shall "Sign in" with user id and password and click to upload module. First the NIB shall be uploaded and, immediately after that, the bid documents in Bid or Corrigendum module shall be uploaded. After the process of opening of bids is done as per rules, the comparison chart of technical and financial bids shall be uploaded in "comparison chart module" and, thereafter, letter of award of contract shall be uploaded in "work order module".
If after evaluation of bids, the committee ends up with one responsive bid only, in such a situation, the action as provided as per Rule 68 of RTPP Rules, 2013 shall be taken by the procuring entity concerned. There is no need to refer such matters to Finance Department, GoR.
METHODS OF PROCUREMENT
Limited Bidding method can be taken up by a procuring entity as per Section 30 of the RTPP Act and Rule 16 of the RTPP Rules.
The procedure of limited bidding shall be as provided in Rule 16(2) of RTPP Rules.
Yes, it is mandatory to publish every bidding process on SPP Portal, if the value of any procurement under the Act is Rs. One Lakh or more.
The procuring entity should refer Section 30 of the RTPP Act and Rule 16 of the RTPP Rules, 2013 in this regard.
As per the provision of Rule 16 (2) (c), a minimum period of seven days, in case of emergency after recording reasons three days, shall be given to the bidders to offer their bids.
As per Rule 16(2)(a) of the RTPP Rules, 2013, in case of limited bidding, the uploading of bid invitation on SPP Portal and sending the written invitation to the bidders is to be done on the same day.
Yes. As per rule 16(2)(b), the procuring entity may allow all prospective bidders, who fulfill the qualification criteria laid down for the procurement in the bidding documents, whether an invitation to bid has been issued to such bidders or not, to participate in the bidding process.
The single source method of procurement can be adopted in the conditions as provided in section 31 of the RTPP Act and the rule 17 of the RTPP Rules.
The procuring entity itself is competent to choose the method of procurement out of the methods prescribed under Section 28 of the RTPP Act and Rule 14 of the RTPP Rules.
There is no need to obtain concurrence from Finance Department in any such case.
Yes, subject to clause (a) of rule 17(2).
Yes, subject to section 31(2)(b) of the RTPP Act, 2012 and rule 17(2)(b) and rule 69 of the RTPP Rules, 2013.
In conditions as provided in rule 17(2)(d), bid security shall not be obtained under this method.
Action in this regard shall be taken by the procuring entity as per rule 17(2)(e) and rule 75 of the RTPP Rules, 2013.
As per rule 3 of the RTPP Rules, 2013, the committee, formed for this purpose, shall prepare the bid documents for the proposed procurement.
No, vetting of draft bid document by Finance (SPFC) Department is not required, however, the aspects related to the expenditure and financial commitments, wherever applicable, should be got duly approved from the Finance (Expenditure) Department by the Administrative Department concerned.
The formation of committees for the procurement process is provided in rule 3 of the RTPP Rules, 2013.
Yes, as per rule 3 of the RTPP Rules, 2013.
Yes, as per rule 3 of the RTPP Rules, 2013.
Yes, as per rule 3 of the RTPP Rules, 2013, but prior approval from the competent authority must be obtained before this.
Yes. As per Rule 11, for each procurement, it shall be necessary to obtain all required approvals and sanctions as applicable. In case of procurement of works, this shall include administrative sanction, financial sanction, technical sanction and appropriation or re-appropriation. The procuring entity must have the necessary financial powers delegated to it for procurement of the subject matter.
Yes, provided that the procurement is done in accordance with relevant provisions of the RTPP Act and Rules for the same, specifically, provisions in section 14(5), section 27(1)(b), rule 58(1)(t) etc., which provide for attaching relative weights to the criterion and for giving weightage to the bidders at the time of evaluation of technical bids. The criteria of weightage need to be clearly mentioned in the bid documents. The open bidding method shall be the most preferred method for QCBS/QBS also.
Section 51 of the RTPP Act provides for the protection of action taken by officers or employees of the procuring entity in good faith under this Act.
Action in such a case can be taken as provided in section 43 of the RTPP Act.
Section 59 of the RTPP Act and Rule 86 of the RTPP Rules need to be referred here. This is clarified that those provisions of GF&AR, PWF&AR etc. which have been covered in the Act and the Rules stand repealed to the extent as provided. Further, the provisions of GF&AR-II which were inconsistent with the provisions of the Act and the Rules automatically stand repealed. The remaining Rules, Notifications, etc. shall keep on existing, until they are repealed or superseded by any rule, guideline, notification or order, as the case may be, made or issued under the Act.
Swiss Challenge Method of procurement is a method of procurement which involves an unsolicited proposal for a government project and allows the third parties to challenge the original proposal through open bidding and then lets the original proponent counter-match the most advantageous or the most competitive offer.
As per rule 79D(1) of the RTPP Rules, the project proposal, duly filled in forms prescribed, shall be submitted by the project proponent to the Administrative Department concerned.
The minimum threshold limit is Rs. Fifty crores, as per rule 79C(iii) of the RTPP Rules. There is no maximum limit as such.
The sectors which are permissible under for a swiss challenge proposal can be referred to in the rule 79B of the RTPP Rules.
The project proposals as mentioned at rule 79C of the RTPP Rules, are not acceptable under the swiss challenge method of procurement.
The time frame for the swiss challenge method of procurement has been provided at rule 79M of the RTPP Rules.
The eligibility criteria for a project proponent shall be as provided in rule 79N of the RTPP Rules.
As per the notification dated 16.09.2015, issued by Finance (G&T) Department, electronic procurement shall be mandatory for procurement of goods and services having estimated value of rupees twenty five lakhs or more and for procurement of works having estimated value of rupees ten lakhs or more.
Yes, but the PE is required to take prior concurrence from FD before the procurement. (Please refer FD's notification dated 23.01.2017)
UBN means Unique Bid Number. It is a 16 digits number which is generated automatically just after uploading the bid document on SPPP.
Yes. The Deptt. of Information & Public Relations (DIPR/Raj. Samwad) have been asked to not to accept any NIB without UBN mentioned therein. (Please refer FD's circular No. 01/2017 dated 23.01.2017)
According to the guidelines issued by FD on dated 01.05.2017, any PE can procure goods/services from GeM Portal following the said guidelines.
Yes. When the PE opts to procure goods/services from GeM Portal, the PE has to upload two documents, namely Bid Summary Sheet and Work Order, on SPPP under Single Source method. Meanwhile, a separate module on SPPP is being processed for GeM Portal, till then, procurement related documents under GeM need to be uploaded as mentioned above.
Yes. Please refer FD's circular No. F.2(2)FD/SPFC/2017 dated 25.07.2017 in this regard.
Yes. On monthly basis as per FD's circular No. F.2(2)FD/SPFC/2017 dated 25.07.2017.
A PE can procure goods/services upto Rs. 10,000/- by direct procurement method at one time on GeM Portal. Above Rs. 10,000/-, a PE can procure goods/services only by bidding or reverse auction methods available on GeM Portal. (Please refer FD's circular No. F.2(2)FD/SPFC/2017 dated 25.07.2017)
There is no provision in RTPP Act & Rules for post facto sanctions in any such matter, which has been done in non-compliance of RTPP Act & Rules.Hence, all the PEs must rely with the provision of RTPP Act & rules from the initial level in every procurement process.
No, it is optional and depends upon the decision of the PE concerned. Any PE may or may not choose to procure under Notification dated 04.09.2013.
Yes, Under Section 5 of the RTPP Act, it is mandatory for all PE's.
No, As per Rule 42 and FD's Notification dated 19.11.2015, only MSMEs of the State of Rajasthan are entitled for depositing concessional bid security of 0.5%.
No, A PE may choose to procure goods/services under the methods prescribed in RTPP Act/Rules or through GeM Portal, as per their own requirement.
No, As per Section 22 & Rule 46 of RTPP Act/Rules, it is not mandatory to organize pre-bid conference by PE.
In case of evaluation of technical aspect of a bid as per section 13 of RTPP Act.
No, As per section 13 of RTPP Act.
No, it shall be on the same day of publication of NIB as per Rule 36(1) and circular dated 31-03-2017.
Yes, it is 7 days as per Rule 40(i) of the RTPP Rules 2013.
Rupees fifty thousand on one occasion but shall not exceed Rupees 3 lakh in a financial year as per Rule 25.
Yes. This can be done under Rules 42(12) of the RTPP Rules.