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State of Rajasthan - Section

Section 79D in Rajasthan Transparency in Public Procurement Rules, 2013

79D. Procedure.

(1)The Project Proponent or his authorized representative, shall submit an application along with certificate in Form No. 2 and details of proposal in Form No. 3 to the Administrative Department. If Pre-Feasibility Report or detailed project report is available then same shall also be submitted with application. The contents of Pre-Feasibility Report shall be as specified in Form No. 4 and the contents of detailed project report shall be as specified in Form No. 5.
(2)The Administrative Department shall scrutinize the proposal as to whether it falls into the purview of the department’s development plans and whether "Public Need" is established and the proposal prima facie addresses the public need and requirement.
(3)If the Administrative Department finds that the proposal received under Swiss Challenge Method has no uniqueness and is similar to the procurement of goods/works/services, that is already being done under conventional method, then the Administrative Department would be under an obligation to reject such a proposal, but in case, if the Administrative Department considers that a proposal received is appropriate to be taken under Swiss Challenge Method, despite its being similar to the procurement being done under conventional methods, then it would record reasons in writing for accepting it under Swiss Challenge Method.
(4)The Administrative Department shall examine and offer its comments regarding the proposal submitted by Project Proponent. After examination if the Administrative Department is satisfied that the conditions specified in sub-rule (2) above, arc fulfilled, it shall submit its recommendations to the State Level Empowered Committee (SLEC) through Planning Department of the State Government, for according the ‘permission to proceed’.
(5)The Planning Department shall arrange and coordinate the meetings of the SLEC. The SLEC, after necessary examination, may accord the permission to proceed with or without modifications. The permission to proceed shall be conveyed by the Principal Secretary/Secretary, Planning Department to the Administrative Department concerned. On receipt of the permission to proceed, the same shall be exhibit by the Administrative Department on State Pub he Procurement Portal.
(6)After obtaining permission to proceed from SLEC, a letter shall be issued by the Administrative Department to the Project Proponent allowing a period of three months, for undertaking detailed studies including preparation of Detailed Project Report required for bidding and submit the detailed and comprehensive proposal to Administrative Department. In case, the Project Proponent fails to submit detailed and comprehensive proposal within a period of three months and submits written request to the Administrative Department, the Administrative Department may in appropriate case, after recoding reasons in writing extend the period specified above.
(7)If the Project Proponent fails to submit the detailed and comprehensive proposal within a specified period or extended period, as the case may be, the Administrative Department may at its discretion exercise the option to develop the project on its own or through its agencies or through any third party, without the Project Proponent having any claims, and if the Administrative Department exercises the option in the manner as specified above, it shall be exhibit by the Administrative Department on State Public Procurement Portal.