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State of Assam - Section

Section 31 in Assam Public Procurement Act, 2017

31. Single source procurement.

(1)A procuring entity may choose to procure the subject-matter of recrement by the method of single source procurement, if, -
(a)the subject-matter of procurement is available only from a particular prospective bidder, or a particular prospective bidder has exclusive rights in respect of the subject-matter of procurement, such that no reasonable alternative or substitute source exists, and the use of any other procurement method would, therefore, not be possible; or
(b)owing to a sudden unforeseen event, there is an extremely urgent need for the subject-matter of procurement, and engaging in any other method of procurement would be impractical; or
(c)the procuring entity, having procured goods, equipment, technology or services from a supplier, determines that additional supplies or services must be procured from that supplier for reasons of standardization or because of the need for compatibility with existing goods, equipment, technology or services; or
(d)there is an existing contract for the subject-matter of procurement which can be extended for additional goods, works or services and that the procuring entity is satisfied that no advantage would be obtained by further competition, the prices are reasonable and provisions for such extension exist in the original contract; or
(e)the procuring entity determines that the use of any other method of procurement is not appropriate for the protection of national security interests; or
(f)procurement from a particular prospective bidder is necessary in terms of sub-section(2) of section 6; or
(g)subject-matter is of artistic nature; or
(h)subject-matter of procurement is of such nature as requires the procuring entity to maintain confidentiality, like printing of examination papers; or
(i)for procurement particular breed of livestock or seeds or seedlings available only in one source or when the required quantity is not available with single source but available at different sources; or
(j)the item is available as per the rate contract of the Director General of Supplies & Disposal's (DGS&D's).
(2)Subject to the rules as may be made in this behalf, the procedure for single source procurement shall include the following, namely :
(a)the procuring entity shall solicit a bid from a single prospective bidder;
(b)the procuring entity may engage in negotiations in good faith with the bidder;
(c)the procuring entity may procure the item as per the rate contract of the Director General of Supplies & Disposal's (DGS&D's), Government of India.
(3)The procurement entity shall publish all such procurement in the procurement portal with details as may be prescribed in the Rules made under this Act.