Section 42 in The Orissa Agricultural Produce Markets Rules, 1958
42. [ Supervision of works. [Substituted vide O.G.E.No. 794, Dated 3.8.1996.]
(1)All construction works of the Market Committee shall be executed under the technical supervision of the Engineering Cell of the Board.(2)Subject to the provision of Sub-rule (1), the Chairman of the Market Committee or any member of the Market Committee duly authorised in this behalf by the Chairman shall exercise overall supervision and control over the execution of all works of the Market Committee.(3)Tenders shall be called for in respect of every work which is to be executed on contract basis :Provided that the Market Committee may dispense with the calling of tenders in the case of :(i)a supplemental maintenance work relating to a road or a building which is found necessary after the annual maintenance contract for that road or building has been settled, if the estimated cost of the supplemental maintenance work does not exceed 50% of the amount of the original maintenance estimates or Rs. 5,000.00 whichever is less, and such supplemental work is necessitated by reasons other than negligence of the original maintenance contractor as certified by the Technical Cell of the Board.(ii)any emergent work, if the estimated cost of the work does not exceed Rs. 5,000.00 and the Chairman certifies that the delay, labour or cost involved will out-weigh the advantage arising from calling for tenders.(4)(i)Tender in sealed cover shall be invited by the Chairman through advertisement in one or more newspapers having wide circulation in the market area, and of other concerned local offices and also by a public notice affixed on the Notice Board of the Office of Market Committee.(ii)Every advertisement and notice so published shall ordinarily state-(a)time and place where the contract documents may be inspected;(b)the prescribed form of tendering, that is, whether it should be at a specified percentage below or above the estimated rates, or whether definite rates should be quoted for each item of work included in the Schedule;(c)time and place where tenders are to be submitted;(d)time and place where tenders are to be opened;(e)the amount of earnest money which shall accompany the tender and the amount and nature of security required in case the tender is accepted;(f)the authority competent to accept the tender; and(g)that the authority, competent to accept the tender, reserves the right to reject any or all of the tenders received without assigning any reasons.(5)Before tenders are invited for the execution of any work, the Engineer-in-charge of the work in the Engineering Cell of the Board shall prepare contract documents which shall include :(i)a Schedule of quantities of various items of work to be executed and of materials required under each such item, and(ii)a set of conditions of contract to be complied with by the tenderer in case his tender is accepted.(6)No tender shall ordinarily be treated as valid unless it is accompanied with a money receipt in support of deposit of earnest money. A separate list of all sums deposited as earnest money shall be maintained under the signature of a person or an officer of the Market Committee authorised by the Market Committee in that behalf.(7)The amount of earnest money to be deposited shall be sufficiently large as to be the security against any loss that may be caused on account of the contractor failing to furnish the required security within the appointed time after the acceptance of his tender or until the sums due to him form a sufficient guarantee, as the case may be.(8)A tender Committee consisting of Chairman, Secretary of the Market Committee and the Engineer-in-charge of the work shall, at the time and place specified for the purpose, open the sealed covers containing the tenders in the presence of tenderers or their authorised agents as may be present. Until the sealed covers are so opened they shall be kept in the personal custody of the Secretary of the Market Committee. On opening the tenders the Chairman shall initial all corrections in each tender paper which may have been made by the tenderer and duly attested by him. If there are corrections in the tender un-attested by the tenderer a note of such corrections shall be made on the tender itself, when it is opened.(9)After the tenders are opened they shall be entered in a Register against each work. The Secretary shall certify to the corrections of the entries with reference to the original tenders which shall be preserved and made available for the purpose of audit and inspection.(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.]
