Section 29 in Rajasthan Transparency in Public Procurement Rules, 2013
29. Rate contract.
(1)In addition to the conditions included in sub-section (1) of section 36 for adopting the method of rate contract, a procuring entity may adopt the method of rate contract, when it determines that by virtue of the nature of subject matter of procurement, the need for that subject matter may arise on an urgent basis during a given period of time.(2)The procedure for rate contract shall be as under :-(a)A procuring entity may award a rate contract by the method of open competitive bidding. If it is not possible to adopt the method of open competitive bidding, the procuring entity after recording reasons may adopt another method of procurement. An approximate quantity of required goods, works or service during the period shall be indicated in the Notice Inviting Bids, but no minimum quantity is guaranteed.(b)The period of rate contract shall be generally one year, preferably a financial year to match with budget provisions and levy of taxes. It may be a shorter period, if variations in market prices are expected to be significant. It may also be a longer period up to maximum two years, if the variations in market prices are not expected to be significant. The reasons for selecting the period for rate contract shall be recorded.(c)In the first stage single part or two part bids shall be invited in accordance with the provisions of section 13.(d)A rate contract shall be entered, for price without a commitment for quantity, place and time of supply of subject matter of procurement, with the bidder of lowest priced bid or most advantageous bid.(e)In the second stage supply or work order shall be placed at the contracted price for supply or execution of the required quantity of the subject matter of procurement mentioning the place of supply or execution, delivery schedule, etc., as and when needed.(f)Rate contracts may be entered with more than one bidder as parallel rate contracts provided there is such provision in the bidding documents, in the order of their standing in final evaluation, by giving them counter offer of prices of the lowest or most advantageous bidder, in order to secure prompt delivery of goods or services or execution of works, if the quantity of the subject matter of procurement required is beyond the capacity of the lowest bidder or the subject matter of procurement is of critical or vital nature.(g)The terms and conditions of the rate contract including provision for liquidated damages shall be similar to those prescribed for procurement by open competitive bidding.(h)The prices under a rate contract shall be subject to price fall clause. A clause regarding price fall shall be incorporated in the terms and conditions of rate contract. Price fall clause is a price safety mechanism in rate contracts and it provides that if the rate contract holder quotes/reduces its price to render similar goods, works or services at a price lower than the rate contract price to anyone in the State at any time during the currency of the rate contract, the rate contract price shall be automatically reduced with effect from the date of reducing or quoting lower price, for all delivery of the subject matter of procurement under that rate contract and the rate contract shall be amended accordingly. The firms holding parallel rate contracts shall also be given opportunity to reduce their price by notifying them the reduced price giving them fifteen days time to intimate their acceptance to the revised price. Similarly, if a parallel rate contract holding firm reduces its price during currency of the rate contract, its reduced price shall be conveyed to other parallel rate contract holding firms and the original rate contract holding firm for corresponding reduction in their prices. If any rate contract holding firm does not agree to the reduced price, further transaction with it, shall not be conducted.(i)It should be ensured that new rate contracts become operative right after the expiry of the existing rate contracts without any gap. In case it is not possible to conclude the new rate contracts due to unavoidable reasons, the existing rate contracts may be extended on same price, terms and conditions for a period not exceeding 3 months. In such cases it shall be ensured that market prices have not fallen down during the period for the subject matter of procurement or its constituents, to be procured under the rate contract.(j)Except as otherwise provided in this rule all other provisions of Chapter-V shall, mutatis mutandis, apply.
