Section 69 in Rajasthan Public Procurement Rules, 2012
69. Restriction on negotiations.
(1)In case of single source procurement or procurement by competitive negotiations, the negotiations will be conducted in accordance with rule 15 and 18, respectively.(2)To the extent possible, no negotiations shall be conducted after the pre-bid stage. All clarifications needed to be sought shall be sought in the pre-bid itself. The bidding documents shall have a copy of the contract enclosed and the same shall not be altered.(3)Negotiations may, however, be undertaken only with the lowest tenderer under the following circumstances :-(a)When ring prices have been quoted by the bidders for the subject matter of procurement;(b)When the rates tendered vary considerably and considered much higher than the prevailing market rates.(4)Powers of negotiations: The bid evaluation committee shall have full powers to undertake negotiations. Detailed reasons and results of negotiations shall be recorded in the proceedings.(5)Procedure of negotiations: Negotiation will be conducted with the lowest bidder only. The lowest bidder shall be informed in writing either through messenger and email (if available) if he is local and by registered letters and email (if available) in case he belongs to outstation. A minimum time of 7 days shall be given prior to negotiations. In case of urgency the bid evaluation committee may reduce this time provided the lowest bidder has received the intimation and consented to regarding holding of negotiations. Reasons in such cases will be recorded.(6)Negotiations will not make the original offer made by the bidder inoperative. The bid evaluation committee will have option to consider the original offer in case the bidder decides to increase rates originally tendered or imposes new terms and conditions.(7)Counter Offer: In case of non-satisfactory achievement of rates from lowest bidder, the bid evaluation committee may choose to make a written counter offer to the lowest bidder and if this is not accepted by him, the committee may decide to reject and re-invite bids or to make the same counter-offer first to the second lowest bidder, then to the third lowest bidder and so on in the order of initial bidding, and work/supply order be awarded to the bidder who accepts the counter-offer. This procedure should be used in exceptional cases only.(8)In case the rates even after the negotiations are very high, fresh bids should be invited.
