THE KARNATAKA TRANSPARENCY IN PUBLIC

rules · 1999 · Karnataka

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Parent: The KARNATAKA TRANSPARENCY IN PUBLIC PROCUREMENTS ACT, 1999 (3175116ebcf2a6061ef2320e6b1c6fe9f06f951e)

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THE KARNATAKA TRANSPARENCY IN PUBLIC PROCUREMENTS RULES, 2000 No. PWD/154/FC-III/2000 Dated 24th October 2000 NOTIFICATION CHAPTER -I PRELIMINARY In exercise of the powers conferred by Sub Section (1) of Section 23 of the Karnataka Transparency in Public Procurement Ordinance 2000, the Government of Karnataka hereby makes the following Rules namely:- Short title and commencement: - These rules may be called be called the Karnataka Transparency in Public Procurements Rules, 2000, They shall come into force on the date of Publication in the Gazette . Definitions: In these rules, unless the context otherwise requires "Earnest money deposit" means the amount required to be deposited by a tenderer along with his tender indicating his willingness to implement the contract; "Pre-qualification" means the process by which the tenderers are first screened for their capability and resources to implement the contract before they are permitted to offer their tenders; " [Two Tender Document System]" ]" 1 means a procedure under which the tenderers are required simultaneously submit two separate [electronic documents, first]2containing the Earnest Money Deposit and the details of their capability to undertake the tender which will be opened first and the second containing the price quotation which will be opened only if the tenderer is found to be qualified to execute the tender; ["Two-stage Tender System" means a procedure under which tenders for turn-key contractors are invited in two stages, the first stage un priced tender being a technical tender only on the basis of conceptual design or performance specifications subject to technical as well as commercial clarifications and adjustments to be followed by amended tender documents and the submission of final technical proposals and

Rule TOC

1 · Substituted vide notification no. FD 574(A) Exp-12/2019 Dated:07-09-2019

2 · Substituted vide notification no. FD 574(A) Exp-12/2019 Dated:07-09-2019

3 · Inserted vide No. PWD 33 FC -3/2003 dated: 05 -03 -2003.

4 · Inserted vide No. PWD 121 SO/FC 2003 dated: 26 -09 -2003.

5 · Inserted vide notification no. FD 574(A) Exp-12/2019 Dated:07-09-2019 .

6 · Substituted vide No. PWD 121 SO/FC 2003 dated: 26 -09 -2003.

7 · Omittedvide notification no. FD 574(A) Exp-12/2019 Dated:07-09-2019 .

8 · Omittedvide notification no. FD 574(A) Exp-12/2019 Dated:07-09-2019 .

9 · Omittedvide notification no. FD 574(A) Exp-12/2019 Dated:07-09-2019 .

10 · Omittedvide notification no. FD 574(A) Exp-12/2019 Dated:07-09-2019 .

11 · Omitted vide notification no. FD 574(A) Exp-12/2019 Dated:07-09-2019 .

12 · Inserted vide notification no. FD 574(A) Exp-12/2019 Dated:07-09-2019 .

10 · Publication of notice inviting tenders in newspapers:-

13 · Substitutedvide notification no. FD 574(A) Exp-12/2019 Dated:07-09-2019 .

14 · Substitutedvide notification no. FD 574(A) Exp-12/2019 Dated:07-09-2019 .

15 · Substitutedvide notification no. FD 574(A) Exp-12/2019 Dated:07-09-2019 .

16 · Omitted vide notification no. FD 574(A) Exp-12/2019 Dated:07-09-2019 .

12 · Commercial conditions: -

17 · Inserted vide notification no. FD 574(A) Exp-12/2019 Dated:07-09-2019 .

13 · Supply of tender documents:-

15 · [Date]

2 · ]

21 · and time for receipt of tenders:-

18 · Substituted for sub rule (2) and (3) vide notification no. FD 574(A) Exp-12/2019 Dated:07-09-2019 .

19 · Substituted vide notification no. FD 574(A) Exp-12/2019 Dated:07-09-2019 .

20 · Substitutedvide notification no. FD 574(A) Exp-12/2019 Dated:07-09-2019 .

21 · Substitutedvide notification no. FD 574(A) Exp-12/2019 Dated:07-09-2019 .

22 · Substitutedvide notification no. FD 574(A) Exp-12/2019 Dated:07-09-2019 .

23 · Omittedvide notification no. FD 574(A) Exp-12/2019 Dated:07-09-2019 .

24 · Substitutedvide notification no. FD 574(A) Exp-12/2019 Dated:07-09-2019 .

16 · [Omitted]26

17 · Minimum time for submission of tenders: -

25 · Inserted vide notification no. FD 574(A) Exp-12/2019 Dated:07-09-2019 .

26 · Omittedvide notification no. FD 574(A) Exp-12/2019 Dated:07-09-2019 .

27 · Substitutedvide notification no. FD 574(A) Exp-12/2019 Dated:07-09-2019 .

28 · Substitutedvide notification no. FD 574(A) Exp-12/2019 Dated:07-09-2019 .

30 · Substitutedvide notification no. FD 574(A) Exp-12/2019 Dated:07-09-2019 .

31 · Inserted vide notification no. FD 574(A) Exp-12/2019 Dated:07-09-2019 .

33 · Substitutedvide notification no. FD 574(A) Exp-12/2019 Dated:07-09-2019 .

20 · Tender scrutiny committee:-

34 · Substitutedvide notification no. FD 574(A) Exp-12/2019 Dated:07-09-2019 .

35 · Omittedvide notification no. FD 574(A) Exp-12/2019 Dated:07-09-2019 .

36 · Omittedvide notification no. FD 574(A) Exp-12/2019 Dated:07-09-2019 .

22 · Time taken for evaluation and extension of tender validity:-

23 · Process of tender evaluation to be confidential until the award of the contract is notified: -

24 · Initial examination to determine substantial responsiveness:-

25 · Determination of the lowest evaluated price:-

37 · Omittedvide notification no. FD 574(A) Exp-12/2019 Dated:07-09-2019 .

38 · Omittedvide notification no. FD 574(A) Exp-12/2019 Dated:07-09-2019 .

26 · Preparation of evaluation report and award of tenders:-

39 · Substituted vide notification No. FD 130 Exp-12/2015 dated: 08-09-2015.

40 · Inserted vide notification No. PWD 66 FC -3/2007 dated: 03 -07 -2007 w.e.f. 16 -07 -2007.

41 · Inserted vide notification No. 130 Exp-12/2015 dated: 08-09-2015.

42 · Substitutedvide notification no. FD 574(A) Exp-12/2019 Dated:07-09-2019 .

43 · Insertedvide notification no. FD 574(A) Exp-12/2019 Dated:07-09-2019 .

27 · Pre -qualification Procedure:-

44 · Inserted vide notification No. FD 130 Exp-12/2015 dated: 08-09-2015.

45 · Inserted vide Notification No. FD 130 Exp-12/2015 Dtd 10-10-2017 .

46 · Inserted vide notification No.PWD/22/FC -3/2001, dated 01 -03 -2001

28 · [Two Tender Document System]48 :-

47 · Inserted vide Notification No. FD 876 Exp-12/2017, Dtd: 15/09/2017 ,

48 · Substituted vide notification no. FD 574(A) Exp-12/2019 Dated:07-09-2019 .

49 · Substitutedvide notification no. FD 574(A) Exp-12/2019 Dated:07-09-2019 .

50 · Substitutedvide notification no. FD 574(A) Exp-12/2019 Dated:07-09-2019 .

51 · Substitutedvide notification no. FD 574(A) Exp-12/2019 Dated:07-09-2019 .

52 · Substitutedvide notification no. FD 574(A) Exp-12/2019 Dated:07-09-2019 .

28B · Selection Methods: -The following methods of selection of Consultants shall be adopted as found appropriate for the assignment.

28C · Quality and Cost Based Selection (QCBS) :The quality and cost based selection is based both on the quality of the proposals and the cost of the services to be provided. In this method, the technical and financial proposals shall be received in separate sealed envelope. The technical proposals shall be opened first (unopened financial proposals are kept under security) and the evaluation report of the technical proposals shall be prepared and the approval of Tender Accepting Authority shall be obtained. The financial envelopes of those consultants who submitted responsive technical proposals meeting the minimum qualifying scores shall be opened in the presence of the consultants or their representatives. The proposals shall then be evaluated. Once the financial proposals are evaluated, a combined evaluation of the technical and financial proposals shall be carried out by weighing and adding the quality and the cost scores, and the

53 · Inserted vide Notification No.PWD 33 FC -3 Dated 05/03/2003

54 · omitted

28D · Least Cost Selection(LCS) :- The Least Cost Selection method is more appropriate to selection of consultants for assignments of a standard or routine nature (audits, engineering design of non-complex works and so -f -forth) where well established practices and standards exist. Under this method a minimum qualifying score for quality is established and indicated while inviting proposals. Short-listed consultants shall submit their proposals in two envelopes. The technical proposals shall be opened first and evaluated. Proposals scoring less than the minimum technical qualifying score shall be rejected, and the financial envelopes of the rest shall be opened in public. The Consultant with the lowest evaluated price shall be selected.

28E · Single Source Selection (SSS) :- Under Single Source Selection, the Client selects a specific consultant and requests him to prepare technical and financial proposals, which are then negotiated. Since there is no competition, this method is acceptable only in exceptional cases and made on the basis of strong and convincing justifications where it offers clear advantages over the competition, because,-

28F · Steps in the Selection Process:- Depending on the selection method adopted, the selection process carried out by the Client generally shall include the following steps:

28G · Contracts : -Two main considerations determine the type of contract to be used for the various consultant assignments; the nature and degree of the definition of the assignment, the distribution of risks between the Client and Consultant and the level of contract supervision the client will be able to provide. The following are the various types of contracts that can be adopted for appropriate assignments, namely:-

28H · Standard Requests for Proposals (RFP) and Contract Formats:Standard RFP (Requests for Proposals) and Contract Formats as may be issued by the Government of Karnataka from time to time shall be used. The Instructions to Consultants (ITC), Formats for submission of Proposals (unless specified otherwise) as well as the General Conditions of Contract (GCC) shall not be changed. However the Data Sheet and Special Conditions of Contract enable the Procurement Entities to amend or supplement Instructions to consultants (ITC) and General Conditions of Contract (GCC) to reflect local conditions and characteristics of assignment.

28I · Supervision of the Consultancy Contracts:The Client is responsible for supervising the assignment. He shall make arrangements to monitor the progress of work, the timely completion of deliverables, the staff months and money expended (for time-based contracts) and determine where, within the contract, changes in the scope of work might be appropriate. The Contract usually requires that the Consultant shall submit regular progress reports and other periodical reports. The Client shall ensure providing comments on these reports in a timely manner. For large assignments, a Committee shall be constituted to review Consultant's work.

28J · Individual Consultants versus Consulting Firms :(1) Individual Consultants may be employed to assist the Client in various areas of the project preparation and implementation. Individuals may be engaged on assignments for which.-

28K · Hiring of Government Officials, officials of Government Undertaking, Corporation etc., Government officials and officials

57 · (a) to the Head of the Department concerned if the order is passed by the Tender accepting authority subordinate to the Head of the Department:

55 · Inserted vide Notification No. PWD 121 SO/FC 2003 dated 26/09/2003.

56 · Substituted vide notification No.PWD 154 FC -3/2001, dated 02 -04 -2001.

57 · Renumbered vide Notification No. FD 574(A) Exp-12/2019 Dated: 07-09-2019.

58 · Inserted videNotification No. FD 574(A) Exp-12/2019 Dated: 07-09-2019.