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State of Rajasthan - Section

Section 6 in Rajasthan Municipalities (Purchase of Materials and Contracts) Rules, 1974

6.

The procedure for obtaining tenders shall be as follows:-Tenders shall be obtained:-
(a)By advertisement (open tenders).
(b)By direct invitation to a limited number of firms (limited tender).
(c)By invitation to one firm only.
The open tender system i.e. invitation to tender by public advertisement shall be used as a general rule and shall be adopted subject to the exception noted below in all cases in which the estimated value of the tenders to be received is Rs.5000/- or over.
(i)The limited tender system shall ordinarily be adopted in the case of all orders the estimated value of which is less than [Rs. 10,000/-] [Substituted by Notification dated 5-6-1991 [16-1-1992].].
(ii)For the purposes of the limited tender and single tender procedure, the Purchasing Officer will maintain a list of firms of known reliability who have been able to satisfy that they possess the necessary equipment and facilities for the supply of stores, which they offer. The list should be subjected periodically to examination and revision, and any application from a firm for inclusion in the list shall be considered on receipt of Rs.25/-as security money. Before the name of the firm is added to the list, such enquiries as may be considered necessary, shall be made by the purchasing officer, to ascertain the ability of the firm to execute contracts satisfactorily. From the list the names of the firms to be invited to tender should be selected.
(iii)[ The single tender system shall be adopted in the case of purchase of material or goods when the estimated value thereof does not exceed Rs. 1000: [Added by Notification dated 22-1-1991.]
Provided that the aforesaid limit shall not be applicable in the following case for which no tenders shall be required to be invited:-
(a)when the material or goods required are of proprietary character and competition is not considered necessary;
(b)when the material or goods required are purchased directly from the registered manufacturers of known reliability or on the rates approved by Central Stores Purchase Organisation or the Director General of Supplies and Disposal;
(c)when the material and goods are purchased from the Rajasthan State Agro Industries Corporation, Rajasthan State Small Scales Industries Corporation or Certified Khadi Bhandars, provided such goods or material is manufactured by these undertakings, and a certificate is given to this effect;
(d)when cloth is purchased from the National Textiles Corporation Limited, Rajasthan Handloom Project Board, and/or from any of the sales depots run and managed by the Rajasthan Rajya Bunkar Sahkari Sangh Ltd.;
(e)when material or goods are purchased from the Sahkari Wholesale Upbhokta Bhandars and Uphar of which such Bhandar or Uphar is wholesale or received its supplies from the manufacturers/productions directly for which a certificate to the effect is endorsed on the bill/ cash memo;
(f)when any spare part of a motor vehicle is purchased from the manufacturer or its authorised dealer of that vehicle upto a limit of Rs. 1,000/-;
(g)when the goods are purchased (a) from any State Department or under its any scheme or from any Government undertaking (b) or under "Sekho Kamao Yojna"; and
(h)when the State Government has exempted fro inviting tenders for purchase of any specific material or good.]
(iv)The limited tender system may, however, be adopted instead of the 'open tender' system even when estimated value of the tenders to be received is not less then [Rs. 10,000/-] [Substituted by Notification dated 5-6-1991 [16-1-1992].] in the following cases: -
(a)when sufficient reasons exist which indicate that it is not in the public interest to call for tenders by advertisement. In every such case the reasons must be recorded by the purchasing officer in writing;
(b)when the indenting officer certifies that the demand is urgent and any additional expenditure involved in the open tender system, must not be incurred in all such cases the indenting officer must place on record the nature of the urgency.
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(v)The invitation of tender should contain full particulars of the articles to be purchased viz. specifications, quality of the material to be used, time and place of delivery and terms and conditions of payment.
(vi)[ The publicity of tenders when purchases are being made of articles manufactured outside Rajasthan shall be given in the Newspaper as may be approved by the State Government in this behalf.] [Substituted by Notification dated 3-4-1982.]
(vii)[ Notwithstanding anything contained in the foregoing provisions, the purchasing officer, after opening of the tenders, considered that the rates quoted by the tenderers are excessive of the prevailing market rate or a ring has been formed, he may enter into negotiations with all the tenderers in such manner, as may he deems fit, after serving due notice to all such tenderers. During such negotiations, if the rates are lowered down to the satisfaction of the purchasing officer, he may accept the rates of the lowest tenderer and may proceed further for the purchase of material or goods otherwise he may invite tenders afresh.] [Inserted by Notification dated 3-4-1982.]