Section 70 in The Orissa Development Authorities Rules, 1983
70. Consideration and acceptance of tenders.
(1)Ordinarily, tenders received from registered contractors shall be considered. This stipulation may not, however, be enforceable in the case of works, the estimated cost of which exceeds one lakh rupees, in which case tenders from Engineering Firms of standing and from contractors registered with any Government or Government undertakings may be considered.(2)The tenders shall be opened by the officer inviting such tender in the presence of another officer of the Authority at the time and place specified in the tender notice in the presence of such tenderers or their authorised agents as may be present. After opening the tenders both such officers shall initial all corrections which may have been made in the tender with due attestation by the tenderers. If corrections in the tender are found to be unattested by the tenderers, the same shall be noted on the tender itself, with the signature of such officer.(3)After the tenders are opened they shall be entered in the Tender Register to be maintained for the purpose. An officer authorised by the Engineer-member shall certify the correctness of the entries in such register with reference to the original tenders which shall be preserved for purposes of audit.(4)A Registered Contractor if withdraws his tender without valid reason shall be liable to have his name removed from the register of contractors for a period ranging from one to three years as may be decided by the Vice-Chairman.(5)On receipt of tenders, a comparative statement thereof shall be prepared and be placed alongwith the tenders so received before-(a)the Engineer-member, in case where the estimated cost of the work does not exceed one lakh rupees; and(b)the Committee constituted under Section 6 for the purpose of consideration of tenders (hereinafter referred to as the Tender Committee), in case where the estimated cost of the work exceeds one lakh rupees.(6)The Engineer-member or the Tender Committee, as the case may be, shall consider the tenders and may accept or reject any of the tenders ;Provided that the Engineer-member or the Tender Committee shall not accept a tender if the tendered amount exceeds the estimated cost.(7)Whenever any tendered amount exceeds the estimated cost, the relevant tender paper along with the recommendations of the Engineer-member or the Tender Committee, whose the decision shall be final.(8)Ordinarily, the lowest tender shall be accepted. Where the lowest tender is rejected or not accepted, the next lowest tender may be considered.The process will continue so up to the highest tender and if no tender is considered acceptable, all the tenders may be rejected and fresh tenders my be invited. In every case of rejection or non-acceptance of a tender, the reasons therefor shall be recorded in writing.(9)It shall be lawful to enter into negotiation with one or more contractors who have tendered for a work in order to arrive at a reasonable and acceptable rate.
