Section 42(10) in The Orissa Agricultural Produce Markets Rules, 1958
(10)(i)The lowest tender shall ordinarily be accepted by the Committee. Where it is considered undesirable to accept the lowest tender the reasons shall be clearly recorded in writing by the Chairman.(ii)Where the capacity for work and the integrity of a tenderer is not known his tender need not be necessarily rejected. But in such case an additional security not ordinarily exceeding 15% of the contract amount as the Committee consider necessary shall however be taken from such tenders if the circumstances so warrant. Where the lowest tender is rejected next lower tender shall be considered. If it is considered undesirable to accept that tender the next lower tender shall be considered. In every order of rejection of a tender the reasons shall be recorded in writing by the Chairman.(iii)In no case shall a tender be accepted at rates higher than those quoted in the tender by the tenderer.(iv)There shall be no avoidable delay in the disposal of tenders after they are opened. The Committee shall dispose of tenders ordinarily within seven days from the date on which they are opened. If the Committee fails to dispose of the tender within a period of seven days after recording reasons therefore may dispose of the same within a period of two months from the date of opening of the tender.(v)Tenders remaining undisposed of for a period exceeding two months from the date on which they are opened shall stand cancelled and on such cancellation the work in respect of which the said tenders had been originally called for shall be put to re-tender within a period of 15 days from the date of such cancellation. Cost escalation taking place, if any, between the date of such cancellation and the date of finalisation of the re-tender, shall be recovered from the person responsible for non-finalisation of the original tender, or the re-tender, as the case may be.(vi)Save as otherwise provided, the provisions of the Orissa Public Works Department Code relating to tenders and execution of works shall mutatis mutandis be followed.]
