Section 34 in Rajasthan Public Procurement Rules, 2012
34. Preparation of bidding documents.
(1)Before issuing a notice inviting bids the procuring entity shall ensure that the bidding documents are ready for sale. If required, a committee may be constituted by the procuring entity for preparation of bidding documents.(2)The bidding documents shall have the following sections, namely:-(a)Notice Inviting Bids ( NIB );(b)Instruction to Bidders ( ITB );(c)Bid Data Sheet;(d)Bid Forms;(e)Technical Specifications and Schedule for Delivery/execution as also Qualification Criteria including the eligibility and experience of bidders(f)Draft Contract:(i)General Conditions of Contract(ii)Special Conditions of Contract(iii)Contract FormsFor further details and instruction, the Standard Bidding Documents issued by the State Government are to be referred to.(3)The bidding documents shall include, at a minimum, the following information, namely-(a)instructions for preparing bids;(b)the criteria and procedures that will be applied in the ascertainment of the qualifications of bidders;(c)the requirements as to documentary evidence or other information that must be submitted by bidder to demonstrate his qualifications;(d)a detailed description of the subject matter of the procurement, including but not limited to, technical specifications, plans, drawings and designs as appropriate, the quantity of the goods, any incidental services to be performed, the location where the goods are to be delivered, the work is to be executed or the services are to be provided and the required time, if any;(e)the detailed procedure for presentation, opening, examination and evaluation of bids; minimum requirement, if any, with respect to technical, quality and performance characteristics that bids must meet in order to be considered responsive; and the criteria to be used by the procuring entity in evaluation of bids and determining the successful bid, including any margin of preference and any criteria other than price to be used and the relative weight of such criteria;(f)the terms and conditions of the procurement contract or the rate contract, to the extent they are already known to the procuring entity, and the contract or agreement form, if any, to be signed by the parties;(g)if alternatives to the characteristics of the goods, works or services, contractual terms and conditions or other requirements set forth in the bidding documents are permitted, a statement to that effect, and a description of the manner in which alternative bids are to be evaluated and compared;(h)if bidders are permitted to submit bids for only a portion of the goods, works or services to be procured, a description of the portion or portions for which bids may be submitted;(i)the manner in which the bid price is to be formulated and expressed, including a statement as to whether the price is to cover elements other than the cost of the goods, works or services themselves, such as any applicable transportation and insurance charges, customs duties and taxes;(j)any requirements of the procuring entity with respect to the issuer and the nature, form, amount and other terms and conditions of any bid security to be provided by bidder submitting bid, and any such requirements for any security for the performance of the procurement contract or the rate contract to be provided by the bidder that enters into the procurement contract, including securities such as labour and materials bonds;(k)the manner, place and deadline for the submission of bid;(l)the means by which, bidders may seek clarifications of the bidding documents, and a statement as to whether the procuring entity intends, to convene a meeting of bidders;(m)the period of time during which bids shall remain valid;(n)the place, date and time for the opening of bids;(o)the procedures to be followed for opening and examining bids;(p)references to the Act, these rules and other laws and regulations directly pertinent to the procurement proceedings, provided, however, that the omission of any such reference shall not constitute grounds for appeal or give rise to liability on the part of the procuring entity;(q)the name, functional title and address of one or more officers or employees of the procuring organisation who are authorized to communicate directly with and to receive communications directly from bidders in connection with the procurement proceedings, without the intervention of an intermediary;(r)any commitments to be made by the bidder outside of the procurement contract, such as commitments relating to the transfer of Technology;(s)notice of the right provided to seek appeal of an unlawful act or decision of, or procedure followed by the procuring entity in relation to the procurement proceedings;(t)if the procuring entity reserves the right to cancel bid proceedings and reject all bids, a statement to that effect;(u)any formalities that will be required once a bid has been accepted for a procurement contract or rate contract to enter into force, including, where applicable, the execution of a written procurement contract and approval by a higher authority or the State Government and the estimated period of time following the despatch of the notice of acceptance that will be required to obtain the approval; and(v)any other requirements laid down by the procuring entity in conformity with the Act and these rules relating to the preparation and submission of bids and to other aspects of the procurement proceedings.(4)The procuring entity shall provide the bidding documents to each bidder that responds to the invitation to bids in accordance with the procedures and requirements specified therein. If pre-qualification proceedings have been engaged in, the procuring entity shall provide a set of bidding documents to each bidder that has been pre-qualified and that pays the price, if any, charged for that document.(5)The State Government has prescribed standard bidding documents for procurement of goods works and services separately.
