Section 16 in Rajasthan Public Procurement Rules, 2012
16. Two stage bidding.
(1)The Two-stage bidding procedure should be used in large and complex contracts where technically unequal proposals are likely to be encountered or where the competent authority is aware of its options in the market but, for a given set of performance requirements, there are two or more equally acceptable technical solutions available to the competent authority.(2)Conditions for adopting the method of two stage bidding. - A procuring entity may choose to procure the subject matter of procurement by the method of two stage bidding if-(a)it is not feasible for the procuring entity to formulate detailed specifications or identify specific characteristics for the subject matter of procurement, without receiving inputs regarding its technical aspects from bidders; or(b)the character of the subject matter of procurement is subject to such rapid technological advances and market fluctuations to make open competitive bidding unfeasible; or(c)the procuring entity seeks to enter into a contract for the purpose of research, experiment, study or development, except where the contract includes the production of items in quantities sufficient to establish their commercial viability or to recover research and development costs; or(d)the bidder is expected to carry out a detailed survey or investigation and undertake a comprehensive assessment of risks, costs and obligations associated with the particular procurement; or(e)open tendering was engaged in but no tenders were presented or the procurement was cancelled by the procuring entity and where, in the judgement of the procuring entity, engaging in new open-tendering proceedings or a procurement method under these rules would be unlikely to result in a procurement contract.(3)Procedure of two stage bidding. - the procedure for two stage bidding shall include the following, namely:-(a)in the first stage of the bidding process, the procuring entity shall invite proposals containing the professional and technical competence and qualifications of bidders regarding the subject matter of procurement and contractual terms and conditions of the proposed procurement;(b)all first stage bids, which are otherwise eligible, shall be evaluated in accordance with the procedure laid down in these rules through an appropriate committee constituted by the procuring entity;(c)the committee may hold discussions with the bidders and if any such discussion is held, equal opportunity shall be given to all bidders to participate in the discussions;(d)in revising the technical design and stipulations and relevant terms and conditions of the procurement, the procuring entity shall not modify the fundamental nature of the procurement itself, but may add, amend or delete any specification of the subject matter of procurement or criterion for evaluation;(e)Notwithstanding anything contained in sections 29 and 30 of the Act, in the second stage of the bidding process, the procuring entity shall invite bids from all those bidders whose bids at the first stage were not rejected, to present final bid with bid prices and detailed technical bid in response to a revised set of terms and conditions of the procurement;(f)any bidder, invited to bid but not in a position to supply the subject matter of procurement due to changes in the specifications, may withdraw from the bidding proceedings without forfeiting any bid security that he may have been required to provide or being penalised in any way, by declaring his intention to withdraw from the procurement proceedings with adequate justification.
