Section 29 in Tamil Nadu Transparency In Tenders Rules, 2000
29. Determination of the lowest evaluated price.
(1)Out of the tenders found to be substantially responsive after the initial examination, the tenderers who has bid the lowest evaluated price in accordance with the evaluation criteria or the tenderers scoring the highest on the evaluation criteria specified as the case may be shall be determined.(2)In determining the lowest evaluated price, the following factors shall be considered, namely:-(a)the quoted price shall be corrected for arithmetical errors;(b)in cases of discrepancy between the prices quoted in words and in figures, lower of the two shall be considered;(c)adjustments to the price quoted shall be made for deviations in the commercial conditions such as the delivery schedules and minor variations in the payment terms which are quantifiable but deemed to be non-material in the context of the particular tender;(d)[ the evaluation shall include all central duties such as customs duty and central excise duty and sales tax as a part of the price, as detailed below: - [Substituted. [TNGGE No.281 / 09-10-2003 (No.SRO A-42(e)/2003) - G.O.Ms.No.412 / 09th October, 2003].](i)in evaluation of the price of an imported item, the price has to be determined inclusive of the customs duty;(ii)in evaluation of the price of articles which are subject to excise duty, the price has to be determined inclusive of such excise duty;(iii)in a tender where all the tenderers are from within the State of Tamil Nadu, or where all the tenderers are from outside the State of Tamil Nadu, the [ Value Added Tax] shall be included for the evaluation of the price; and(iv)In a tender where the tenderers are both from the State of Tamil Nadu as well as from outside the State of Tamil Nadu, [ the Value Added Tax levied under Tamil Nadu Value Added Tax Act, 2006 (Tamil Nadu Act 32 of 2006)] [Substituted.[TNGG No.44 / 21-11-2001 (No.SRO A-72 (m-a)/2001) - G.O.Ms.No.452 / 16th November, 2001]. (w.e.f. 1-12-2001).] shall be excluded for the evaluation of the price.](e)in the case of purchase of equipment, the operation and maintenance and spare part costs for appropriate periods as may be specified in bid documents may be quantified, where practicable and considered.[( f) [***] [Added. [TNGG No.44 / 21-11-2001 (No.SRO A-72(m-a)/2001) - G.O.Ms.No.452 / 16th November, 2001]. (w.e.f. 1-12-2001)](3)In order to secure the best possible procurement price, negotiations with tenderer determined as per [ sub-rules (1) and (2) of this rule] [Substituted. [TNGGE No.345 / 11-12-2012 (No.SRO.A-36(a)/2012) - G.O.Ms.No.425 / 11th December, 2012].] are permissible subject to provisions in section 10 of the Act.(4)[ In the event that two or more tenderers have made the same financial bid and the splitting of the tender is not possible in accordance with sub-section (5) of section 10 of the Act, the Tender Accepting Authority shall identify the lowest tenderer by adopting one of the following approaches, which shall be pre-specified in the Tender Documents:(a)In case of multi-stage tenders, by taking into account the qualification score of each tenderer from the first stage and the tenderer with higher score shall be adjudged the Lowest Tenderer; or(b)By asking the two tenderers to provide their best and final offer of the financial bid in a sealed cover and the tenderer offering the most advantageous financial bid shall be adjudged the Lowest Tenderer.(c)In case, a tie still persists after the procedure contained in clause (a) or (b) of this sub-rule has been followed, the selected tenderer shall be identified by draw of lots, which shall be conducted, with prior notice, in the presence of the tied tenderers or their representatives who choose to be present.]
