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THE KARNATAKA
TRANSPARENCY IN PUBLIC PROCUREMENTS ACT, 1999
STATEMENT OF OBJECTS AND REASONS:
(Obtained from L.C. Bill No. 12 of 1999)
In
the recent past irregularities in the processing of
tenders occurred in various Government Department,
Public Sector Undertakings, Statutory Boards, etc., due
to inadequate publicity of tenders, restricted supply of
tender documents and resulting lack of transparency in
evaluation and acceptance of tenders
In
the Budget speech of the year 1997-98, It has also been
announced that in order to prevent recurrence of such
irregularities, It has been decided to bring about a
legislation to provide for transparency in the tender
processes and to regulate the procedure in inviting,
processing and accepting tenders.
(Vide
L.A Bill No. 20 of 2001 ) File No.
33 of 2001)
Clause
(e) of section 4 of the Karnataka Transparency in Public
Procurements Act, 1999 excludes applicability of Chapter
II of the Act to the Government Dept in respect of
Procurements of goods or services of the value not
exceeding rupees 5 lakhs and to the local authorities in
case of implementing mini water supply and construction
of school rooms of the value not exceeding rupees 2
lakhs and in any other case where the value does not
exceed rupees 1 lakh.
Keeping
in view the escalation in prices, it was felt necessary
to have uniform limit in respect of Government
Departments as well as procurement of goods and services
in the case of public sector undertakings, etc.,
Therefore
it is considered necessary to amend the Act to exclude
the applicability of Chapter II of the Act,-
(i)
in respect of procurement made by the Government
Departments, State Government Undertaking or any Board,
Body or Corporation established by or under any law and
owned or controlled by the Government, Zilla Panchayats,
City Municipal Corporations, City Municipal Council,
Hyderabad Karnataka Area Development Board, Malnad Area
Development Board and Bayaluseeme Development Board for
Construction work of all types of values not exceeding
Rupees five lakhs and in case of goods and services
other than construction work, of the value not exceeding
rupees one lakh.
(ii)
where the procurements goods or services is by Grama
Panchayat, Taluk Panchayat, Town Municipal Councils,
Town Panchayats, OR Urban Development authorities for
the purpose of implementing mini water supply schemes or
Construction of school rooms of the value not exceeding
rupees 2 lakhs and in other cases, of the value not
exceeding rupees 1 lakhs.
THE KARNATAKA
TRANSPARENCY IN PUBLIC PROCUREMENTS ACT, 1999
[Karnataka Act No
29 of 2000]
(Received
the assent of the Governor on the tenth day of
December, 2000 First published in the Karnataka Gazette
Extraordinary on the thirteenth day of December, 2000)
As Amended by Act 21
of 2001
An
Act to provide for ensuring transparency in public
procurement of goods and services by streamlining the
procedure in inviting, processing and acceptance of
tenders by Procurement Entities, and for matters related
thereto.
WHEREAS
it is expedient in public interest to render the process
of procurement of goods and services by Procurement
Entities transparent by streamlining the procedure in
inviting, processing and acceptance of tenders.
BE it
enacted by the Karnataka State Legislature in the
fiftieth year of the Republic of India as follows:
Where
a definition in a statute is not clear the help of
preamble may be sort to find out the object of the act
itself, to the legislative history of the act and
to the socio-economic ethos, and aspiration needs of the
time in which the act was passed. Bangalore Water Supply
and Sewerage Board Vs . A.Rajappa, (1978) 2 SCC 213.
A
preamble is the key to open the mind of legislature.
But, that does not mean that, the clear and precise
language of the statute can be controlled or qualified
by it. Only when a provision rises a doubt, the preamble
may be resorted to, to ascertain the reason for enacting
it and legislative intent behind it. Where the Statute
can convey more than one meaning, then the one which is
close to the purpose and scope of the preamble should be
employed. Thus the Preamble does not affect the clear
words in an enactment. The court while interpreting
provisions of a statute should not begin with the
preamble. Tribhuban Prakash Nayyar Vs. Union of India,
AIR 1970 SC 540:(1969) 3 SCC 99.
A preamble is not an
independent enactment which neither confers rights nor
takes them away. If the enacting Part is clear and
unambiguous, the Preamble can neither restrict nor widen
it. R.Venkataswamy Naidu Vs. Narsaram Naraindas, AIR
1966 SC 361.
The
rules of interpretation are useful servants but often
tend to become difficult masters. Keshavji Ravji &
Co. Vs. CIT, (1990) 2 SCC 231.
While
interpreting statute, an appropriate rule of
interpretation should be chosen as a tool depending upon
the nature of defect in drafting which has to be set
right. If the words are clear, there is no need to open
the tool kit of interpretation. M/s. Mercury Press and
Ors. Vs. Ameen Shacoor & Ors., ILR 2002
Kar.2304-DB.
Courts
Play an Important part and it falls to their lot to
adopt the law by its interpretation to suit the needs of
the society at a given point of time. Union of India Vs.
H.S.Dhillon,(1971) 2 SCC 779.
The
nomenclature of an enactment is no index to its true
nature, what counts is its pith substance. AIR 1958 SC
408; AIR 1951 SC 318; AIR 1954 SC 119.
To
discover the true character and nature of an enactment,
the courts should go beyond its form and appearance. AIR
1954 SC 119
While
interpreting some provision of a statute it has to be
borne in mind that the interpretation should be such as
to further the object of their incorporation in the
statute. They cannot be read in isolation. T.M.A Pai
Foundation Vs State of Karnataka, 2002 (8) Scale 1 at
p.57
While
interpreting a provision, the statute must be read as a
whole. Popatlal Shah Vs State of Madras AIR 1953 SC 274
In
knowing the legislative intent, the language of the
statute is the determining factor. Kanailal Sur Vs
Paramnidhi Sadhukan, AIR 1957SC 907
As
for as possible, interpretation and object of statute
should be harmonious. New India Sugar Mills Ltd Vs CST,
AIR 1966 SC 1207.
While
interpreting a statute, Courts cannot ignore the
provision to relieve what they consider distress
resulting from its operation. Moris Mercantile Bank Ltd
Vs. Union of India AIR 1965 SC 1956
The words employed in a
Provision should be given their proper and plain
meaning. State of Assam Vs. Deva Prasad Barua, AIR 1969
SC 831.
The
Mischief rule or rule in Heydon's Case:
The
case popularly known as Heydon's case, (1584) Co.
Rep.7a:(1584) 76 ER 637 was first referred in India by
the Supreme Court in Bengal Immunity Case, AIR 1955 SC
661
The rule is "For the
sure and true interpretation of all statutes in general
........ four things are to be discerned and considered-
1. what was the common law before the making of the act
.2. what was the mischief and defect for which the
common law did not provide 3. what remedy the parliament
has resolved and appointed to cure the disease 4. the
true reason of the remedy; and then the office of all
the judges is to make such construction as shall
suppress the mischief and advance the remedy to suppress
subtle invention and evasions for continuance of the
mischief.
The
Golden Rule or Rule in Warburton's case:
The rule enunciated in
warburton's Vs Loveland, (1928) 1 Hudson and B. Irish
cases 623, also known as Golden rule is " the rule
in the construction of statutes, that in the first
instance, the grammatical sense of the words is to be
adhered to."
1.
Short title and commencement :
(1) This act may be
called the Karnataka transparency in public
procurements act, 1999.
(2) It shall be deemed to have come into force with
effect from the fourth day of october,2000.
2.
Definitions: In this act, unless the context
otherwise requires,
-
'Construction works' means
putting up, demolishing, repairs or renovation of
buildings, roads and bridges or other structures
including fabrication of steel structures and other
civil works;
-
'Goods' means Machinery, Motor
Vehicles, Equipment, Furniture, Articles of
Stationary, textiles raw materials, drugs,
scientific instruments, chemicals food grain, oils
and oil seeds or other commodity required for
consumption, use or distribution by a procurement
entity in discharge of its public duties;
-
'Government' means the State
Government;
-
'Procurement Entity' means
any Government Department, a State Government
Undertaking, Local Authority or Board, Body or
Corporation established by or under any law and
owned or controlled by the Government, and any other
body or authority owned or controlled by the
Government and as may be specified by it.
-
'Public Procurement' or
'Procurement' means purchase of goods, obtaining of
services or undertaking of construction works by the
procurement entities;
-
'Services' means the action of
serving, attending upon, helping or benefiting a
Procurement Entity in the course of discharging its
public duties and includes construction works;
-
'Specified goods or Services'
means the goods or services as the case may be
specified in a tender and identified in the contract
resulting from acceptance of a tender on account of
a procurement entity;
-
'Tender' means the formal offer
made for supply of goods or services in response to
an invitation for tender published in a Tender
Bulletin;
-
'Tender Accepting Authority'
means an Officer or a Committee appointed to accept
tenders and a 'Tender Inviting Authority' means an
Officer or a Committee appointed to invite tenders,
under Section 9;
-
'Tender Bulletin' means a
bulletin published for the State as a whole or for
any district or districts within the State
containing the details of invitation, processing and
acceptance of Tenders;
-
'Tender Bulletin Officer' means a
State Tender Bulletin Officer or a Tender Bulletin
Officer referred to in Section 7;
-
'Tender
Document' means the set of papers detailing the
schedule of works, calendar of events, requirement
of goods and services, technical specifications,
procurement criteria and such other particulars, as
may be prescribed for evaluation and comparison of
tenders.
3. Provisions
not to apply to certain Projects:- The provisions of
this Act in so far as they are inconsistent with the
procedure specified in respect of the Projects funded by
International Financial Agencies or Projects covered
under International Agreements, shall not apply to
procurement of goods or services for such project.
4. Exceptions
to applicability:- The provisions of Chapter II
shall not apply to Procurement of goods and services:-
-
during the period of natural
calamity or emergency declared by the Government;
-
where the goods or services are
available from a single source or where a particular
supplier or contractor has exclusive rights in
respect of the goods or services or construction
work and no reasonable alternatives or substitutes
exist. Provided that for the purpose of this clause
there shall be a committee of three experts
containing of one technical representative of the
procuring entity one technical representative of the
Government organization dealing with similar
procurement and one representative from a reputed
Academic or Research Institution or Non-Commercial
Institution having expertise in such line to examine
and declare that the goods or services are available
from a single source;
-
where the procuring entity having
procured goods, services or technology from a
supplier or contractor determines that additional
supplies must be procured from the same supplier or
contractor for reasons of standardization and
compatibility with the existing goods, service or
technology;
-
where the goods or services are
procured from certain Departments of Government,
public sector undertakings, statutory boards and
such other institutions specified by the Government
and such goods are manufactured or services are
provided by them, for a period not exceeding two
years from the date of commencement of this Act;
-
[where
the procurement is by the Government Departments,
State Government Undertakings, or any Board, Body or
Corporation established by or under any law and
owned or controlled by the Government or Zilla
Panchayats constituted under the Karnataka Panchayat
Raj Act, 1993 or City Municipal Corporations
established under the Municipal Corporation Act,
1976 or City Municipal Councils established under
the Karnataka Municipalities Act, 1964 or the
Hyderabad Karnataka Areas Development Board
constituted under the Hyderabad Karnataka Area
Development Board Act, 1993 or Malnad Area
Development Board constituted under the Malnad Area
Development Board Act, 1991 or the Bayaluseeme
Development Board constituted under the Bayaluseeme
Development Board Act, 1994,-
(i) in case of construction works of all types the value
of which does not exceed rupees five lakhs;
(ii) in case of goods or services other than
construction works the value of which does not exceed
rupees one lakh;
(ee) where the procurement of goods or services is
by the Grama Panchayats and Taluk Panchayats
constituted under the Karnataka Panchayat Raj Act, 1993,
Town Municipal Councils or Town Panchayats constituted
under the Karnataka Municipalities Act, 1964 or Urban
Development Authorities constituted under the Karnataka
Urban Development Authorities Act, 1987,-
(i) for the purpose of implementing mini water supply
scheme or construction of school rooms and the value of
such procurement does not exceed rupees two lakhs; and
(ii) for other purposes and the value of such
procurements does not exceed rupees one lakh.]
-
where the goods or services are
procured under rate contracts from the Director
General of Supplies and Disposals or from the Stores
Purchase Department of the State; and
-
in respect of specific
procurements as may be notified by the Government
from time to time.
-
in respect of spot purchase of
cotton by Spinning Mills, purchase of oil seeds by
the Karnataka Agro-industries Corporation or the
Karnataka Co-operative Oil Seeds Grower's
Federation, purchase of sugarcane by Sugar Mills,
direct purchase of paddy by the Agricultural Produce
Market Committees and the Karnataka Food and Civil
Supplies Corporation, purchase of cloth by the
Karnataka Handloom Development Corporation, purchase
of silk by the Karnataka Silk Industries
Corporation, purchase of milk by the Karnataka
Milk Producers Co-operative Federation, purchase of
palm oil by the Karnataka Food and Civil Supplies
Corporation and the Karnataka Co-operative Oil Seeds
Grower's Federation, purchase of cloth by the
Government Departments and public sector undertaking
from the Karnataka Handloom Development Corporation
and purchase by such other organizations or purchase
of any other material as may be notified by the
Government from time to time.
CHAPTER
II
REGULATION
OF PROCUREMENT
-
Procurement other than by
Tender Prohibited:- On and from the date of
commencement of this Act no Procurement Entity shall
procure goods or services except by inviting Tenders
for supply.
-
Procurement Entities to follow
Procedure:- No tender shall be invited,
processed or accepted by Procurement Entity after
the commencement of this Act except in accordance
with the procedure laid down in this Act or the
rules made there under.
-
Tender Bulletin Officers:-(1)
The Government may by notification appoint an
officer not below the rank of a Deputy Secretary to
Government of the concerned department to be the
State Tender Bulletin Officer for the State in
respect of that Department where the procurement of
that department covers more than one district. (2)
Deputy Commissioner of the District shall be
the District Bulletin Officer.
-
Publication of Tender
Bulletin:-(1)The State Tender Bulletin Officer,
or as the case may be, the District Tender Bulletin
Officer shall on receipt of intimation relating to
notice of invitation of tenders from tender inviting
authority or information relating to details of
acceptance of tender under section13 or rejection of
tender under section 14 from the tender Accepting
Authority, publish within the prescribed time, the
State Tender Bulletin or as the case may be District
Tender Bulletin. (2) The Tender Bulletin shall be
made available for sale in the office of the Tender
Bulletin Officer and in such other places as the
Tender Bulletin officer deems fit to make available.
-
Tender Inviting Authority and
Tender Accepting Authority:-(1) The procurement
Entity may, by order, appoint,-
(i) one or more of officers or a committee of
Officers to be the Tender Inviting Authority for any
specified area, specified procurement or specified
class of goods or services, and
(ii) one or more of officers or a Committee of
Officers to be the Tender Accepting Authority for
any specified area or Specified Procurement,
specified class of goods and services:
Provided that where a
multi-member Committee is already appointed for any
Procurement Entity for discharging the function of
accepting tenders, such Committee shall be deemed to
be a Tender Accepting Authority appointed under this
Act.
-
Tender Scrutiny Committee:-The
Tender Accepting Authority may constitute a Tender
Scrutiny Committee consisting of such persons as it
deems fit to scrutinise tenders above five Crores in
the case of the Public Works, Irrigation and Minor
Irrigation Departments of the Government and above
rupees one crore in other cases.
-
Opening of Tenders:-(I)
The Procurement entity may authorise either the
tender Inviting Authority or the Tender Accepting
Authority or any other Officer to open the Tenders
and draw up a list of Tenderer responding to the
notice inviting tender, in each case.
(2) The Authority, or as the case may be the officer
referred to in sub-section (1)shall open the tender,
draw up a list of tenderer in the prescribed manner
and unless it is also the Tender Accepting
Authority, forward the tenders along with the list
of Tenderer, to the Tender Accepting Authority.
-
Duties of Tender
Inviting Authority:- (1) It shall be the duty of
every Tender Inviting Authority,-
(a) to take out notice inviting tenders at the
behest of the Procurement Entity in the prescribed
manner;
(b) to communicate the notice inviting tenders by
marking a copy thereof to the Tender bulletin
Officer concerned immediately after issue of the
notice;
(c) to cause publication of notice inviting tenders
in the prescribed manner; and
(d) to supply the Schedule of Rates and Tender
Documents to every intending tenderer who has
applied to get such documents.
(2)The Tender Inviting Authority shall take out
notices, communications and publications required to
be taken out under this section in such form, in
such manner, by such mode and at such time and
intervals as may be prescribed and different manner
and mode of publication may be prescribed for
different procurements depending on the value of the
procurement.
(3) The Tender Inviting Authority shall collect all
the details received in response to the notice
inviting tender, within the time stipulated and
unless it is itself authorized to open the tender
shall compile and forward all the tenders received
to the Authority or Officer authorized to open the
tenders.
-
Acceptance of Tender:-The
Tender Accepting Authority shall, after following
such procedure as may be prescribed pass order
accepting the tender and shall communicate the
information relating to acceptance of tender
together with a comparative analysis and reasons for
accepting of tender to the procurement Entity and
the Tender Bulletin Officer:
Provided that where the Tender Accepting Authority
consists of single officer who is due to retire
within the next six months, from the date fixed for
the acceptance for tender, he shall not act to
accept the tender without obtaining prior approval
of the Procurement Entity:
Provided further that subject to such general or
special order as may be issued by the Government
from time to time, the Tender Accepting Authority
may before passing order accepting a tender
negotiate with lowest Tenderer.
Notes:
The State must not act arbitrarily in the matter of
acceptance or rejection of tender or for that matter in
the discharge of any of its intention can be well
established in India by a series of Judicial decisions
particularly of the Court being those of Kasturi Vs.J&K
and Ramana Vs. International Airport Authority, AIR 1978
SC 1992, AIR 1979 SC 1628.
Rates
fixed by the Govt. cannot be revised subsequently and
unilaterally unless, there are specific rules in this
regard. G.S.Fernandez Vs. State of Karnataka, AIR 1990
SC 958.
A
tender notice is only an invitation extended to
contractors for making offers. It does not amount to an
offer or proposal and the question of rates made by the
contractor does not amount to an acceptance of offer.
N.P.Singh Vs Forest Officer, AIR 1962 Mani
A tender is
an offer. It is something which invites and is
communicated to notify acceptance. Following are the
requisites of a valid tender-1. It must be
unconditional. 2.Must be made at the proper place.
3.Conform to the terms of obligation. 4.Should be made
at the proper time. 5.Should be made in the proper form.
6.The person by whom the tender is made must be able to
and welling to perform his obligations. 7.There must be
reasonable opportunity for inspection. 8.Must be made to
the proper person. Tata Cellular Vs.Union of India, AIR
1996 SC 11.
-
General
rejection of tenders:-
(1)The Tender Accepting Authority may at any time
before passing an order of acceptance under Section
13, reject all the tenders on the ground of changes
in the scope of procurement, failure of anticipated
financial resource, accidents, calamities, or any
other ground as may be prescribed which would render
the procurement unnecessary or impossible and report
the same to the Procurement Entity.
(2) The Procurement Entity shall thereafter
communicate the fact of the rejection under this
section to all the Tenderer and also cause the same
to be published in the Tender Bulletin.
-
Power to give directions:-It
shall be competent for the Government to give
appropriate directions to the Procurement Entity or
the Authorities under this Act in order to secure
and maintain transparency at any stage of the
process of procurement, and it shall be duty of the
Procurement Entity or such authority to comply with
the directions.
-
Appeal:-(1) Any Tenderer
aggrieved by an order passed by the Tender Accepting
Authority other than the Government under Section 13
may appeal to the prescribed authority within thirty
days from the date of receipt of the order:
Provided that the prescribed authority may, in its
discretion allow further time not exceeding thirty
days for preferring any such appeal, if it is
satisfied that the appellant had sufficient cause
for not preferring the appeal in time.
(2) The prescribed authority may after giving
opportunity of being heard to both the parties pass
such order thereon as it deems fit and such order
shall be final.
(3) The prescribed authority shall as far as
possible dispose of the appeal within thirty days
from the date of filing thereof.
-
Power to obtain information:-Not
with standing anything contained in this Act or in
any other law for the time being in force, the
Government may with a view to ensuring transparency
call for and obtain, from any Authority under this
Act, any information relating to any matter in the
process of procurement.
-
Power to call for records:-
The Government may at any time, with a view to
ensuring transparency in the procurement process
call upon any authority under this Act,-
(i) to produce records relating to invitation,
processing and acceptance of tenders;
(ii) to furnish the tender document,
estimates/statements/accounts or statistics relating
to such tenders; and
(iii) to furnish report on any specific point
incidental to the procurement.
CHAPTER
III
MISCELLANEOUS
-
Officers deemed to be Public
Servants:-Every Officer acting under or in
pursuance of the provisions of this Act or under a
rule, order or notification made hereunder, shall be
deemed to be a public servant within this meaning of
Section 21 of the Indian Penal Code 1860 (Central
Act XLV of 1860)
-
Immunity for action taken in
good faith:-No suit or other legal proceeding
shall lie against the Government or any officer or
authority empowered to exercise powers or perform
the functions under the Act in respect of anything
which is in good faith done or intended to be done
under this Act.
-
Bar of Jurisdiction of
Courts:- Save as otherwise provided in this Act
no order passed or proceedings taken by any officer
or authority under this Act shall be called in
question in any court, and no injunction shall be
granted by any court in respect of any action taken
or to be taken by such officer or authority in
exercise of powers conferred on him or it, by or
under this Act.
-
Act to override other laws:-The
provisions of this Act shall have effect
notwithstanding anything inconsistent there with
contained in any other law for the time being in
force or any custom or usage, agreement, decree or
order of a Court or a Tribunal or other Authority.
-
Penalty:-Whoever
contravenes the provisions of this Act or the rules
made there under shall be punishable with
imprisonment for a term which may extend to three
years and with fine which may extend to five
thousand rupees.
-
Power to remove difficulties:-If
any difficulty arises in giving effect to the
provisions of this Act, the Government may, by order
published in the Gazette make such provisions not
inconsistent with the provisions of the Act as
appear to them to be necessary or expedient for
removing the difficulty: Provided that
no such order shall be made after expiry of a period
of two years from the date of commencement of the
Act.
-
Power to make rules:-(1)
The Government, may by notification, make such rules
as are necessary for carrying out the purposes of
this Act.
(2) Every rule made or notification or order issued
under this Act shall as soon as possible, after it
is made or issued, be placed before each House of
the State Legislature while it is in session for a
total period of thirty days, which may be comprised
in one session or in two or more successive sessions
and if before the expiry of the session in which it
is laid or the sessions immediately following both
Houses agree in making any modifications in the
rule, notification or order or both Houses agree
that the rule, notification or order shall not be
made, the rule or notification or order shall
thereafter have effect only in such modified form or
be of no effect, as the case may be, so, however
that any such modification or annulment shall be
without prejudice to the validity of anything
previously done under that rule or notification or
order.
-
Savings:- All rules,
regulations, orders, notifications, departmental
codes, manuals, bye-laws, Official Memoranda,
circular or any other order made or issued before
the commencement of this Act and in force on the
date of such commencement providing for or relating
to any of the above matters for the furtherance of
which this Act is enacted shall continue to be in
force and effective as if they are made under the
corresponding provisions of this Act, to the extent
they are not inconsistent with the provisions of
this Act and unless and until superceded by anything
done or any action taken or any rule, notification
or order, is made under this Act.
-
Repeal and Savings:-(1)The
Karnataka Transparency in Public Procurements
Ordinance,2000 (Karnataka Ordinance No.8 of 2000) is
hereby repealed. (2)Notwithstanding such repeal
anything done or any action taken under the
principal Act as amended by the said Ordinance shall
be deemed to have been done or taken under this Act.
THE
KARNATAKA TRANSPARENCY IN PUBLIC PROCUREMENTS
RULES, 2000
As
amended by corrigendum No. PWD 154 FC-3/2000 Dated
17-01-2001 and Notification No. PWD 22/FC-3/2001,
Bangalore dated 1-3-2001 and PWD 154 FC-3/ 2001
(Part-1), Bangalore, Dated 2-4-2001 and PWD 389 FC
3/2001, dated 30-8-2001
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:-(a)
These rules may be called be called the Karnataka
Transparency in Public Procurements Rules, 2000,
(b) They shall come into force on the date of
Publication in the Gazette.
-
Definitions:-In these
Rules, unless the context otherwise requires
(a) "Earnest money deposit" means the
amount required to be deposited by a tenderer along
with his tender indicating his willingness to
implement the contract;
(b) "Pre-qualification" means the process
by which the tenderer are first screened for their
capability and resources to implement the contract
before they are permitted to offer their tenders;
(c) "Two-cover system" means a procedure
under which the tenderer are required simultaneously
submit two separate sealed covers, one containing
the Earnest Money Deposit and the details of their
capability to' undertake the tender which will be
opened first and the second cover containing the
price quotation which will be opened only if the
tenderer is found to be qualified to execute the
tender;
CHAPTER
- II
GENERAL
-
Categories
of procurement:-(1) For the purposes application
of these rules, procurement is categorized as
namely:-
(i) Construction; and
(ii) Supply of goods and services.
CHAPTER
- III
PUBLICITY
-
Publication of tender
bulletin:-(1) The District Tender Bulletin shall
be published by the District Bulletin Officer at
least once in every week.
(2) The State Tender Bulletin shall be published by
the State Tender Bulletin Officer at least once in
every week.
(3) The Tender Bulletin Officer shall cause to be
published call notices inviting tenders and
intimations of acceptance of tenders received up to
forty eight hours prior to the actual publication of
the bulletin.
(4) In case notice inviting tender or information
relating to acceptance of the tender needs to be
published urgently, then the Secretary to Government
of the concerned administrative department in the
case of the State Tender Bulletin or the Deputy
Commissioner in the case of the District Tender
Bulletin may for the reasons to be recorded in
writing, direct the respective tender' bulletin
officers to publish an extraordinary issue of the
tender bulletin.
-
Distribution of tender
bulletins:-(1) The Tender bulletin Officer shall
make the tender bulletin available in the concerned
office of the Government department, local authority
statutory board, public sector undertaking,
university or cooperative institution.
(2) The Tender Bulletin Officer shall make available
adequate copies of the tender Bulletin at the office
of the Tender Inviting Authority whose notice
inviting tenders and intimation of tender acceptance
finds place in the bulletin.
(3) Any person or institution can be enrolled as a
regular subscriber to the Tender Bulletin on payment
of a fixed fee annually, half-yearly or quarterly as
the case may be.
-
Tender Bulletin to contain
information only:- (1) The Tender Bulletin shall
contain only information of the notice inviting
tenders.
(2) Intimation of acceptance of tender shall not in
itself create a legal right.
(3) A notice inviting tender will not be invalidated
merely on the grounds that the notice has not been
published in the Newspapers.
-
Information to be published in
the State Tender Bulletin:- The notice inviting
tenders and decisions on tenders shall be published
in the State Tender Bulletin in cases where.
(a) The Tender Inviting Authority is a secretary to
Government, or head of a government department, or
the Chief Executive of a Public Sector Undertaking,
Statutory board, apex Co-operative Institution,
University or State Level Society formed by the
Government.
(b) The value of the procurement is rupees one crore
and above.
-
Information to be published in
the district tender bulletin:-Subject to the
provisions of Rule 10, notices inviting tenders and
decisions on tenders shall be published in the
district Tender Bulletin of the district where the
headquarters of the Tender Inviting Authority is
located.
Provided that where a value of procurement is rupees
one crore and above, it shall also be published in
the State Bulletin.
-
Details to be mentioned in
notice inviting tenders:- The Notice Inviting
Tenders shall contain the Following details,
namely,-
(a) The name and address of the procuring entity and
the designation and address of the Tender Inviting
authority;
(b) Name of the scheme, project or programme for
which the procurement is to be effected;
(c) The date up to which and places from where the
tender documents can be obtained;
(d) The amount of earnest money deposit payable;
(e) The last date and time for receipt of tenders;
(f) The date, time and place for opening of tenders
received; and
(g) any other information which the Tender Inviting
authority considers relevant
-
Publication of notice inviting
tenders in newspapers:-
(1) The Tender Inviting Authority shall have the
notice inviting tenders published in the Indian
Trade Journal in all cases where the value of
procurement exceeds rupees ten Crores.
(2) The number, editions and language of the
newspapers in which the notices inviting tenders
shall be published will be based on the value of
procurement as per departmental rules.
(3)In cases where publication of Tender Notices is
to be done only in Newspapers with circulation
within the District, the Information and Publicity
Officer of the District shall be the competent
authority to release the advertisement shall be the
Director of Information and Publicity, Bangalore.
(4) The Notice Inviting Tender shall be given due
publicity in Newspapers and also affixing on notice
boards in the District Offices. The Director of
Information and Publicity shall publish the Notice
Inviting Tenders as per instructions of the
tendering department.
CHAPTER
- IV
NOTICE
INVITING TENDERS AND TENDER DOCUMENTS
-
Technical specifications
contained in the tender documents:-(1) The
technical specifications contained in the tender
documents shall include a detailed description of
what is proposed to be procured.
(2) Unbiased technical specifications shall be
prepared by observing the following safe guards,
namely:
(a) use of brand names and catalogue numbers shall
be avoided and where it becomes unavoidable, along
with the brand name the expression "or
equivalent" shall be added;
(b) wherever possible the appropriate Indian
Standard with the number shall be incorporated;
(c) In the case of construction tenders, detailed
estimates shall be prepared by the competent
technical authorities based on the schedule or rates
and standard data as revised from time to time.
-
Commercial conditions:-
(1) The tender documents shall require all tenders
to pay an earnest money deposit at the rates as per
the departmental rules by means of a demand draft,
bankers Cheque, specified small savings instruments
or where the procuring entity deems fit, irrevocable
bank guarantee in a specified form of the
department. The tender documents shall clearly state
that any tender submitted without the earnest money
deposit be summarily rejected.
Provided that any category of tenders specifically
exempted by the Government from the payment of
earnest money deposit will not be required to make
such a deposit.
(2) The tender documents shall specify the period
for which the tenderer should hold the prices
offered in the tender valid: Provided that the
initial period of validity shall not be less than
ninety days.
(3) The tender documents shall require that as a
guarantee of the tenderer performance of the
contract, a security deposit be taken from the
successful tenderer as per departmental rules.
(4) The tender documents and the contract shall
include a clause for payment of liquidated damages
and penalty payable by the tenderer in the event of
non-fulfillment of any of the terms or whole of the
contract.
(5) The tender documents shall indicate the quantity
proposed to be procured in the tender, and the
Tender Accepting Authority shall be ordinarily
permitted to vary the quantity finally ordered only
to the extent of twenty five percent either way of
the requirement indicated in the tender documents.
-
Supply of tender documents:-
(1) The Tender Inviting Authority shall make
available the tender documents from the date
indicated in the notice inviting tender.
(2) The Tender Inviting Authority shall ensure that
the tender documents are made available to any
person who is willing to remit the cost of the
documents:
Provided that in the cases where the procuring
entity has a system of registration of contractors,
the tender documents will be supplied only to
registered contractors in the appropriate class.
(3) The Tender Inviting Authority shall be
registered post or courier the tender documents to
any prospective tenderer who makes a request for the
documents on payment of cost along with postal
charges at the risk and responsibility of the
prospective tenderer.
-
Clarification to tender
documents:- At any time after the issue of
the tender documents and before the opening of the
tender, the Tender Inviting Authority may make any
changes, modifications or amendments to the
tender documents and shall send intimation of such
change to all those who have purchased the original
tender documents.
CHAPTER-V
RECEIPT
OF TENDERS AND TENDER OPENING
-
Place and time for receipt of
tenders :- (1) The Tender Inviting Authority
shall ensure that adequate arrangements are made for
the proper receipt and safe custody of the tender at
the place indicated for the receipt of the tenders.
(2) The Tender Inviting Authority shall permit the
submission of tenders by post or courier :
Provided that the Tender Inviting Authority shall
not be responsible for any delay in transit in such
cases.
(3) The Tender Inviting Authority may extend the
last date and time for receiving tender after giving
adequate notice to all intending tenderer in cases
where :
(a) The publication of the tender notice has been
delayed ;
(b) The communication of changes, in the tender
documents to the prospective tenderer under rule 14
took time;
(c) Any other reasonable grounds exist, for such
extension which shall be recorded in writing by the
Tender Inviting Authority.
-
Marking of Covers in which the
tender is submitted :- The tenderer shall be
responsible for properly superscribing and sealing
the cover in which the tender is submitted and the
Tender Inviting Authority shall not be responsible
for accidental opening of the cover that are not
properly super scribed and sealed as required in the
tender documents before the time appointed for
tender opening.
-
Minimum time for submission of
tenders:- (1) The Tender Inviting Authority
shall ensure that adequate time is provided for the
submission of tenders and minimum time is allowed
between date of publication of the notice inviting
tenders in the relevant tender bulletin and the last
date for the submission of tenders. This minimum
period shall be as follows:
(a) For tender up to Rs two Crores in value, thirty
days, and
(b) For tenders in excess of Rs two Crores in value,
[sixty days].
(2) Any deduction in the time stipulated under
sub-rule(1) has to be specifically authorized by an
authority superior to the tender inviting authority
for reasons to be recorded in writing.
-
Opening of tenders:- (1)
All the tender received by the Tender Accepting
Authority shall be opened at the time specified in
the Notice Inviting Tenders and in cases where an
extension of time for the submission of tenders has
been given subsequent to the original Notice
Inviting Tenders in accordance with sub-rule (3) of
rule 15 at the time so specified subsequently.
(2) The tenders will be opened in the presence of
the tenderer or one of the representatives of the
tenderer who chose to be present.
-
Procedure to be followed at
tender opening:- The following procedure shall
be followed at the tender opening :
(a) All the envelopes received containing tenders
shall be counted;
(b) All the tenders received in time shall be opened
;
(c) A record of the correction noticed at the time
of the bid opening shall be maintained ;
(d) The name of the tenderer and the quoted prices,
should be read out;
(e) The fact whether earnest money deposit has been
made and other documents required have been produced
may be indicated, but this shall be merely an
examination of the documents and not an evaluation;
(f) minutes of the tender opening shall be recorded.
The signatures of the tenderer present shall be
obtained unless any of the tenderer or his
representative refuses to sign the minutes.
-
Tenders
scrutiny committee:- (1) Tender Accepting
Authority may constitute a Tender Scrutiny Committee
consisting of such officers as it deems fit to
scrutinize the tender document, supervise opening of
tender carry out the preliminary examination and
detailed evaluation of the tenders received and
prepare the evaluation report for the consideration
of the Tender Accepting Authority
(2) The Tender Accepting Authority shall constitute
Tender Scrutiny Committee, where the value of the
tender exceeds Rs five Crores in respect of public
works, irrigation department and minor irrigation
department and one crore in respect of all the other
department
CHAPTER
VI
TENDER
EVALUATION
-
Tender evaluation to be in
accordance with evaluation Criteria:- The
Tender Accepting Authority shall cause the
evaluation of tenders to be carried out strictly in
accordance with evaluation criteria indicated in
tender documents.
-
Time taken for evaluation and
extension of the tender validity:- (1) The
evaluation of tenders and award of contract shall be
completed, as for as possible, within the period for
which the tenders are held valid.
(2) The Tender Accepting Authority shall seek
extension of the validity of tenders from the
tenderer for the completion of evaluation, if it is
not completed within the validity period of tender.
(3) In case the evaluation of tenders and award of
contract is not completed within extended period,
all the tenders shall be deemed to have become
invalid and fresh tenders may be called for.
-
Process of tender evaluation
to be confidential until the award of the contract
is notified :- (1) The Tender Inviting Authority
shall ensure the confidentiality of the process of
tender evaluation until orders on the tender are
passed.
(2) tenderer shall not make attempt to establish
unsolicited and unauthorized contact with the Tender
Accepting Authority, Tender Inviting Authority or
Tender Scrutiny Committee after the opening of the
tender and prior to the notification of the Award
and if any attempt by the tenderer to bring the bear
extraneous pressures on the Tender Accepting
Authority shall be sufficient reason to disqualify
the tenderer.
(3) Notwithstanding any thing contained in sub rule
(2), the Tender Inviting Authority or Tender
Accepting Authority or the Tender Scrutiny Committee
may seek bonafide clarification from tenderer
relating to the tender submitted by them during the
evaluation of tenders
-
Initial examination to
determine substantial responsiveness:- (1) The
Tender Inviting Authority shall cause an initial
examination of the tender submitted to be carried
out in order to determine their substantial
responsiveness.
(2) During the initial examination the following
factors shall be considered, namely:
(a) Whether the tenderer meets the eligibility
criteria laid down in the tender document ;
(b) Whether the crucial document have been duly
signed ;
(c) Whether the requisite earnest money deposit has
been furnished ;
(d) Whether the tender is substantially responsive
to the technical specification set out in the
bidding documents including the testing of samples
where required .
(3) Tenders which on initial examination are found
not to be substantially responsive under any of the
clauses under sub-rule(2) may be rejected by the
Tender Accepting Authority.
-
Determination of the lowest
evaluated price:- (1) Out of the tenders found
to be substantially responsive after the initial
examination the tenderer who has bid the lowest
evaluated price in accordance with the evaluation
criteria or tenderer scoring the highest on the
evaluation criteria specified as the case may be,
shall be determined
(2) In determining the lowest evaluated price, the
following factors shall be considered, namely :
(a) The quoted price shall be corrected for
arithmetical errors ;
(b) In case of discrepancy between the price quoted
in words and in figures, lower of the two shall be
considered ;
(c) Adjustment to the price quoted shall be made for
deviations in the commercial conditions such the
delivery schedule and minor variations in the
payment terms which are quantifiable but deemed to
be non-material in the context of the particular
tender ;
(d) The evaluation shall include all central duties
such as customs duty and central excise duty
inclusive of local levies as part of the price.
(e) In case of purchase of equipment, the operation
and maintenance and spare parts cost for appropriate
periods as may be specified in bid documents may be
quantified, where practicable and considered ;
[provided that for a period of five years from first
day of April, 2001, Small Scale Industries in the
State shall be given fifteen percent price
preference in accordance with the New Industrial
Policy 2001-2006 issued by the Government in Order
No. CI 167 SPI 2001, dated 30th June, 2001 while
determining the lowest evaluated price.
Explanation:- For the purpose of this provision
Small Scale Industry means an Industrial undertaking
in which the investment in fixed assets in plant and
machinery whether held on ownership terms or on
lease or by hire purchase does not exceed Rs One
hundred lakhs]
-
Preparation of evaluation
report and award of tenders : (1) Tender
Scrutiny Committee or the officer Inviting the
tender shall prepare detailed evaluation report
which shall be considered by the Tender Accepting
Authority before taking a final decision on the
tender.
(2) As soon as the tenderer qualified to perform the
contract is identified, in accordance with [ section
13 ], The Tender Accepting Authority shall pass
orders accepting the tender and communicate the
order of acceptance to the successful tenderer. The
Tender Accepting Authority shall also send to the
Tender Bulletin Officer a statement of evaluation of
the tenders with a comparative statement of tender
received and decision there on for publication in
the Tender Bulletin.
(3)within such reasonable time as may be indicated
in the tender document, the tenderer whose tender
has been accepted will be required to execute the
contract agreement in the specified format.
(4) In case the successful tenderer fails to execute
necessary agreement under sub-rule(3) within the
period specified, then Earnest Money Deposit shall
be forfeited and his tender held as non-responsive.
-
Pre-qualification Procedure :-
(1)The Tender Inviting Authority shall for reasons
to be recorded in writing provide for
pre-qualification of tenderer on the basis of :
(a) Experience and past performance in the execution
of similar contracts;
(b) Capabilities of the tenderer with respect to
personnel, equipment and construction or
manufacturing facilities;
(c) financial status and capacity
(2) only the tenders of pre-qualified tenderer shall
be considered for evaluation :
[provided that notwithstanding anything contrary
contained in these Rules, The Tender Inviting may
adopt the list of pre-qualified tenderer empanelled
by the directorate of Information Technology,
Government of Karnataka in respect of Computer,
Peripheral and related services and call for price
bids from all such pre-qualified tenderer and the
price bids received from the pre-qualified shall be
considered for evaluation by the Tender Accepting
Authority, so far as may in accordance with these
Rules]
-
Two Cover Tenders: (1) In
the case of construction or supply and installation
of equipment, tenders exceeding rupees fifty lakhs
in value where the pre-qualification procedure or
Turn Key Tender System are not being followed the
Tender Inviting Authority shall follow the two-cover
tender system
(2) The first cover shall contain the following
information about the tender namely :
(a) Experience and past performance in the execution
of similar contracts
(b) Capabilities with respect to personnel,
equipment and construction or manufacturing
facilities;
(c) Financial status and the capacity;
(d) Any other information considered relevant.
(3) The second cover shall contain the prices quoted
by the tenderer
(4) The Tender Inviting Authority shall cause the
first cover to be opened first and evaluate the
tenderer capacity on the basis of criteria specified
in a tender document and on this basis, prepare a
list of qualified tenderer.
(5) Thereafter, the Second cover containing the
price quotation of only those tenderer qualified
under sub-rule(4) shall be opened by the Tender
Inviting Authority
(6) The Tender Inviting Authority shall follow the
procedure outline in rule 25 and 26.
CHAPTER
VII
APPEALS
-
Appeals :- An appeal under
[ section 16] shall lie:
(a) To the head of the department concerned if the
order is passed by the Tender Accepting Authority
sub-ordinate to the Head of Department :
(b) To the Government if the order is passed by a
Tender Accepting Authority which is Head of
Department, or a Local Authority or State Government
Undertaking or a Board, Body Corporation or any
other Authority owned or controlled by the
Government.
THE
KARNATAKA TRANSPARENCY IN PUBLIC PROCUREMENT (AMENDMENT)
RULES, 2001
NOTIFICATION
[No.PWD/22/FC-3/2001
Bangalore:1-3-2001]
In
exercise of the powers conferred by the section 25, of
the Karnataka Transparency Public Procurements Act, 1999
(Karnataka Act 29 of 2000) The Government of Karnataka
hereby makes the following rules to amend the Karnataka
Transparency in Procurement rules, 2000 namely:
-
Short title and commencement: These
rules may be called the Karnataka Transparency in
public Procurements (Amendment) Rules, 2001. (2)
They shall come into force on the date of their
publication in the official Gazette.
-
Amendment of Rule 27:- In
Rule 27 of the Karnataka Transparency in the Public
Procurement Rules, 2000, after sub-rule(2), the
following provision inserted namely: "Provided
that notwithstanding anything contrary contained in
these rules the Tender Inviting Authority may adopt
the list of pre-qualified tenderer empanelled by the
Directorate of Information Technology, Government of
Karnataka in respect of computers, peripherals and
related services and call for price bids from all
such pre-qualified tenders and the price bids
received from the pre-qualified tenderer shall be
considered for the evaluation by the tender
accepting authority, so for as may be in accordance
with these rules."
By order
and in the name of Governor of Karnataka
K.R.BADIGER,
Under
Secretary to Government,
PWD (Finance Cell)
Public
works Secretariat
[Notification
No.PWD 154 FC-3/2001 (Part-I), Bangalore, Dated,2nd
April 2001]
In exercise of powers conferred by
section 25 of the Karnataka Transparency in Public
Procurement Act, 1999 (Karnataka Act 29 of 2000) The
Government of Karnataka hereby makes the following rule
further to amend the Karnataka Transparency in Public
Procurements rules, 2000 namely:
-
Title and commencement :These
rules may be called the Karnataka Transparency in
public procurement (Amendment) Rule, 2001 (2) They
shall come into force on the date of their
publication in the official gazette.
-
Amendment of Rule 26 : In
rule 26 of the Karnataka Transparency in public
procurement rule, 2000, (herein after referred to as
the said rules) in sub-rule(2) for the words
and figures " section 12 " the word
figures " section 13 " shall be
substituted.
-
Amendment of Rule 29 : In
rule 29 of the said rule, for the word and figures
" section 15 " the words and figures
" section 16 " shall be substituted.
By order and in the name of
Governor of Karnataka,
K.R.BADIGER,
Under
Secretary to Government,
PWD (Finance Cell)
[Notification
No. PWD 389 FC-3/2001 Bangalore, Dated 30th August 2001]
In exercise of Powers conferred by
Section 25 of the Karnataka Transparency in Public
Procurements Act, 1999 (Karnataka Act 29 of 2000) the
Govt. of Karnataka here by makes the following rules
further to amend the Karnataka Transparency in Public
Procurement Rules, 2000, namely:
-
Title and commencement:-(1)
These Rules may be called the Karnataka Transparency
in public Procurements (Third Amendment) Rules,
2001. (2) They shall come into force from the date
of their publication in the Official Gazette.
-
Amendment of Rule 25:- In
Rule 25 of the Karnataka Transparency in Public
Procurement Rule, 2000, in sub-rule (2), the
following shall be inserted at the end, namely:
"Provided that for a period of five years from
the first day of April 2001, Small Scale Industries
in the State shall be given fifteen percent price
preference in accordance with New Industrial Policy
2001-2006 issued by the Government in Order No. CI
167 SPI 2001, dated 30th June 2001 while determining
the lowest evaluated price.
Explanation:-For the purpose of this proviso
Small Scale Industry means an industrial undertaking
in which investment in fixed assets in plant and
machinery whether held on ownership terms or on
lease or by hire purchase does not exceed rupees one
hundred lakhs."
By order
and in the name of Governor of Karnataka,
K.R.BADIGER,
Under
Secretary to Government,
PWD (Finance Cell)
CIRCULARS AND CLARIFICATIONS
Public Works Department
CORRIGENDUM
No. PWD 154 FC-3/2000 (Part-I)
Bangalore, Dated 17th January 2001
Subject:
Karnataka Transparency in Public Procurement Rules,2000.
Reference:
Notification No. PWD 154 FC-III/2000 Date.
24-10-2000 Published in the Karnataka Gazette
extraordinary Date- 24-10-2000
In the
notification No. PWD 154 FC-III 2000 Dated 24th October
2000 Published in part IV-A of the Karnataka Gazette
Extra-Ordinary dated 24th October, 2000 the following
corrections shall be read namely:
Sl
No. |
Page
No. |
Line |
For |
Read |
1 |
7 |
19 |
30
days |
60
days |
By order and in the name of
Governor of Karnataka,
K.R.BADIGER,
Under
Secretary to Government,
PWD (Finance Cell)
CIRCULAR
No. PWD/33/FC-III/2001 Bangalore,
Dated:21st March 2001
Sub: Clarifications
regarding Karnataka Transparency in public Procurement
Act, 1999 and Rules, 2000-reg.
The
departments are already aware of KTPP Act,1999 and
Rules, 2000 issued in this behalf. Some of the Deputy
Commissioners and Departments have sought clarification
on some issues. Accordingly following clarifications are
brought to notice of all the concerned.
-
Regarding printing of Tender
Bulletin: It shall be printed like a booklet
covering the information as mentioned in Rule
7&8 and it should be distributed as per Rule 5.
It need not be printed either in the Gazette or in
Newspaper. It shall be printed by the Tender
Bulletin Officer through Govt. Printing Press or in
Private Press after following procedures/Rules as
applicable.
-
Publication of Tender Bulletin:
Tender Bulletin shall be published at least once in
every week. In case or urgency an extraordinary
bulletin shall be published after following
procedures as per sub rule(4) of Rule 4. If in a
particular week there is no information to publish
in the Tender Bulletin, then a 'Nil' report be
published and circulated.
-
Content of the Tender Bulletin:
The Tender Notice as per Rule 9 published by each
Tender Inviting Authority shall be printed in the
bulletin as it is. Further Tender Bulletin shall
also contain information as given by the Tender
Inviting/Accepting Authority as it is as per Rule 8
and Sec. 8 of the Act. As per Sec. 8 of the Act, the
Tender Bulletin Officer after receipt of Notice of
Acceptance of tender under Sec.13 of the Act or
rejection of tender under Sec.14 of the Act shall be
publish in the bulletin. So part-A of the bulletin
shall contain tender inviting notices, part-B should
contain order relating to tender acceptance and
Part-C shall contain orders relating to general
rejection of tender.
-
Budget provision for printing of
Tender Bulletin and fixing cost of it: Govt. will
make separate provision for Tender Bulletin
expenditure. Cost of the Bulletin should be fixed at
Rs. 1.00 per page and total cost per copy depends
upon the total pages of the bulletin.
-
Procedures to be followed for
purchase below Rs. 5 lakhs by Govt. Depts. and below
Rs 2 lakhs for water supply and school buildings and
below Rs.1 lakh for other works by the local bodies:
Any procurement of goods and services below Rs. 5
lakhs in case of govt. Dept. and below Rs. 2 lakhs
in case of water supply and school building and
below Rs. 1 lakh for other works in case of local
bodies shall be followed as per existing applicable
Rules/Procedures/Codes of the Dept. as
followed earlier to the Act as mentioned in Sec, 26
of the Act. However following tender procedure is
not banned for procurement below the above monitory
limit.
-
Procurement of goods and services
from Govt. Depts., Public Sector Undertakings,
Boards, Corporations : For any procurement
through Public Sector Undertaking, exemption for 2
years from the date of publication of this Act is
applicable as per sec.4(d) of the Act, It should be
ensured that such Undertaking manufactures the
particular goods or render the service without
subletting to any other private agency, For example
KSIMC is not a manufacturing unit. Therefore, the
above exemption clause does not apply to it. Public
Sector Undertakings include not only state but also
Central Public Sector Undertakings.
-
Procurements of goods from DGSD
firms and rate contract fixed by SPD: Under
sec. 4(f), exemption is available if procurement is
through DGSD firms and rate contract fixed by SPD.
-
Application of KTPP Act/ Rules in
case of MPLAD scheme: Under the guidelines of
MPLAD, the existing Procedures/ Rules of the state
have to be followed. Therefore, for any work taken
up beyond the monitory limit of Rs. 5 lakhs in case
of Govt. Dept. and Rs 1 lakh in case of other works
and Rs. 2 lakhs in case of water supply and school
buildings by ZPs/Local bodies, this Act and Rules
are applicable until any change in system.
-
Application of KTPP Act/Rules in
case of other centrally sponsored by schemes, like
Swarna Jayanthi scheme, Shahari Rozgar Yojana,
Udyoga Bharavase Yojana etc. If in the
guidelines of the scheme itself entrustment of work
to contractors is banned, then the KTPP Act/Rules
does not apply. Otherwise it has to be followed.
-
Publication
of Extraordinary Tender Bulletin in case of
emergency: Under sub-rule(4) of Rule 4 it is
indicated that the D.C himself may record in writing
the reasons for such extra ordinary bulletin and
issue the same. In case of state Tender Bulletin,
Approval of the concerned Secretary to Govt.
is required.
All the Secretaries to Govt. and
Departmental heads are once again requested to direct
the procurement entities under their control to follow
the KTPP Act, 1999 and KTPP, Rules, 2000 scrupulously.
Anybody violating the provisions of the Act and Rules is
liable of penalty as per sec.23 of the Act.
C.GOPALA
REDDY
Principal Secretary Finance
Department
NOTIFICATION
No.
PWD 513 FC-III/2001 Bangalore, Dated 29th October 2001
Sub: KTPP Act,
1999 and KTPP Rules 2000 Clarifications regarding new
amendment of the Act.
Ref: Circular No.
PWD 33 FC-IW2001. Dated 21.03.2001
The Government Departments,
The public sector undertakings, Local Authorities, and
Autonomous Institutions are aware of Karnataka
Transparency in Public Procurement Act, 1999 which came
into effect from the fourth October 2000. The Karnataka
Transparency in Public Procurement Rule, 2000 have been
Published in the Karnataka gazette (part-IV-A) Dated
24.10.2000. The Finance Dept has issued certain
clarification vide circular No. No.PWD 33FC-III/2001,Dt.
21.03.2001
- The Procurement entities are aware of recent
amendment made to KTPP Act, 1999 called KTPP
(amendment) Act, 2001 vide notification No. 2001
Dated 25.08.2001 Published in Extraordinary gazette
Dated 25.08.2001. by the said amendment act earlier
clause(e) of section 4 is substituted by new clauses
(e) and (ee).
- The new clause (e) of section 4 provides that, the
act does not apply. where the procurement is made by
the Government dept, state Government Undertaking or
any Board, body or corporation establish by or under
any law and owned or controlled by the Government or
Zilla Panchayats, city Municipal Corporations or
City Municipal Councils or the Hyderabad Karnataka
areas development board or Malnad area development
board or the Bayaluseeme development Board. (i) In
case of construction of all types the value of which
does not exceed rupees 5 lakhs (ii) In case of goods
and services, other than the construction works, the
value of which does not exceed rupees 1 lakhs
- Further new clause (ee) of section 4 provides that
the KTPP Act does not apply, where the procurement
of the goods or services in by the Grama Panchayats,
and Taluk Panchayats, Town Municipal Council or Town
Panchayats or Urban development Authorities, (i) For
the purpose of implementing mini water supply scheme
or construction of school rooms and the value of
such procurement does not exceed rupees 2 lakhs, and
(ii) For other purposes and the value of such
procurement does not exceed rupees 1 lakh
- After the amendment of the Act stated as above,
several dept/Agencies have sought the finance dept
clarifications of the following : (i) whether
the piece work can be taken up within the limit
mentioned in the Amended Act? (ii) whether
departmental work can be taken up within the limit
mentioned in the Amended Act? (iii) Whether tender
procedures to be followed for procurement within the
above limit and whether exemption is allowed only
for publication of Tender Bulletin and other
procedures as per KTPP Act? (iv) The procedures to
be followed for the procurement within the limit
given in the amendment i.e. Rupees Five lakhs,
Rupees Two Lakhs as the case may be.
-
The above points
have been examined and following clarifications are
issued:
(i) S.26 of the KTPP Act, 1999 provides as follows :
"All rules, regulations orders, notifications
departmental codes, order manual bye-laws, official
Memoranda, Circular or any other order made or
issued before the commencement of this Act and in
force on the date or such commencement providing for
or relating to any of the above matter for
furtherance of which this Act is enacted shall
continue to be in force and effective as if they are
made under the corresponding provision of this Act,
to the extent they are not inconsistent with the
provisions of the act and unless and until
superceded by anything done or any action taken or
any rule, notification or order, is made under this
Act ."
Therefore, wherever the KTPP Act does not apply the
provisions of already practiced procedures in force
before coming into force of the Act shall continue
to be followed. Hence, while taking up construction
work upto rupees 5 lakhs, or rupees 2 lakhs as the
case may be, the procedure followed earlier i.e.
before the commencement of this Act shall continue
to be follow. Piece work is allowed only upto a
limit of rupees 1 lakh as specified in PWD code and
G.O.No.PWD 1 FCR 93,dt: 15.12.1994 and not beyond
it. However for taking up construction works below
Rs. 5 lakhs, Rs 2 lakhs as the case may be and for
procurement of goods and services below Rs 1 lakh.
Normal tender procedure needs to be followed.
(ii) Construction of work upto Rs 5 lakhs or Rs 2
lakhs as the case may be taken up if it is allowed
in depts., PSUs, Local Authorities and if there is
no ban order. for example : water resources dept has
banned to take up works departmentally.
(iii) The amend Act allows exemption only from
following provision of KTPP Act and rules for the
following cases.
(1) Construction of works upto Rs 5 lakhs (for depts,
PSUs, Local Authorities and other Agencies mentioned
at para 3 above)
(2) For implementing mini water supply scheme or
construction of school upto Rs 2 lakhs ( for Local
Authorities mentioned at para 4 above)
(3) For procurement of goods and services upto Rs 1
lakh ( For Government Departments, PSUs, Local
Authorities and also other institutions mentioned at
para 3 & 4 above). As per this, Government
Department and other institutions mentioned can
purchase materials only upto Rs 1 lakh without
following procedures of KTPP Act /Rules.
A Comparative chart showing provision existed under
section 4 (e) of KTPP Act, 1999 and provisions
existing under section 4 (e) and 4 (ee) of KTPP
(Amendment ) Act, 2001 is enclosed.
In above cases Government Departments, PSUs, Local
Authorities and other organizations as mentioned
above shall follow all required normal
tender/purchase procedure which were followed prior
to commencement of the KTPP Act, But only the
exemption is given from following the provision of
KTPP Act/Rules.
(iv) In all cases referred to above [ 1,2 & 3 of
(iii)] only the provision of KTPP Act/ Rules does
not apply, but normal departmental rule,
regulations, codal provision and normal tender
procedure which were followed prior to commencement
of KTPP Act/ Rules have to be followed.
C.GOPALA
REDDY
ACS
& Principal Secretary Finance Department
Finance Department.
Comparative chart regarding
provision existed under section 4(e) of KPTCL
Act, 1999 and provision as existing under
section 4 (e) and 4 (ee) of KTPP (Amendment)
Act, 2001.
|
Procurement
entities |
Provision
existed under section 4(2) of KTPP Act 1999 |
Provision
existing under section 4 (e) and 4 (ee) of KTPP
(Amendment) Act, 200 |
|
Civil Construction
works |
Procurement of
goods |
Civil Construction
works |
Procurement of
goods |
Govt. Departments |
Up to Rs. 5.00lakhs |
Up to Rs.15.00lakhs |
Up to Rs.5.00lakhs |
Up to Rs1.00lakh |
State PSUS, Boards
Corporation |
Nil |
Nil |
UptoRs.5.00lakhs |
Up to Rs1.00lakh |
Zilla Panchayats
City Municipal Corporations
City Municipal Councils, HKDB ,MADB, BSDB |
Up to Rs. 2.00lakhs
(for mini water supply scheme & school
buildings) Upto Rs. 1.00lakhs for other works |
Up to
Rs.1.00lakh |
UptoRs.5.00lakhs |
Up to
Rs1.00lakh |
Grama Panchayats
Taluk Panchayats, Town Municipal Councils, Town
Panchayats and Urban Development Authorities |
Upto Rs.2.00Lakhs
(for mini water supply scheme & school
buildings) Upto Rs.1.00 lakh (for othe works) |
Up to
Rs 1.00lakh |
Up to Rs 5.00lakhs
(for mini water supply scheme & school
buildings Upto Rs.1.00lakh (for other works) |
UptoRs2.00lakhs |
NOTIFICATION
No.
PWD 513 FC-1I1/2001 Bangalore, Dated 29th October 2001
Sub: KTPP Act
1999 and KTPP Rules 2000 Clarifications regarding new
amendment of the Act.
Ref: Circular No.
PWD 33 FC-IIU2001. Dt: 21.3.2001
The
Government Departments, the Public Sector Undertakings,
Local Authorities, and Autonomous institutions are aware
of the Karnataka Transparency in Public Procurements
Act, 1999 which came into effect from 4th October 2000.
The Karnataka Transparency in Public Procurements Rules,
2000 have been published in the Karnataka Gazette (
Part-IV-A) dated: 24.10.2000. The Finance Department has
issued certain clarifications vide Circular No. No. PWD
33 FC-III/2001, dt: 21.3.2001.
-
The procurement entities are
aware of recent Amendment made to KTPP Act, 1999
called KTPP (Amendment) Act, 2001 vide Notification
No. 2001 dated 25.8.2001 Published in Extraordinary
Gazette dated 25.8.2001. By said amendment Act,
earlier clause (e) of Section 4 is substituted by
new clauses (e) and (ee)
-
The new clause (e) of Section 4
provides that, the Act does not apply, where the
procurement is made by the Government Departments,
State Government Undertakings, or any Board, Body or
Corporation established by or under any law and
owned or controlled by the Government or Zilla
Panchayats City Municipal Corporations or city
Municipal Councils or the Hyderabad Karnataka Areas
Development Board Or Malnad Area Development Board
Or the Bayaluseeme Development Board.
NOTIFICATION
No.
PWD 33 FC-II1/2001Bangalore, Dated 10th December 2001
CIRCULAR
Sub:
Clarifications regarding Karnataka Transparency in
Public Procurements Act, 1999 and Rules, 2000-reg.
Printing of 'Nil' Bulletin.
Ref: Circular No.
PWD 33 FC-III/2001. dt:21.3.2001
In
circular No. PWD 33 FC-III/2001 dt:21.3.2001 at para 2
it was asked that if in particular week there is no
information to publish in tender bulletin, then a 'Nil'
report be published and circulated. Now the Dept. of
PA&L has opined that there is no provision under
Rule 4,6&7 of KTPP Rules, 2000 for publishing 'Nil'
report of tender bulletin. It is therefore considered to
delete the following from para 2 of the circular.
"If in a particular week there is no information to
publish in the tender bulletin, then a 'Nil' report be
published and circulated." All the Tender Bulletin
Officers are hereby informed that they should not
publish and circulate 'Nil' report of tender bulletin if
there is no information in a particular week.
(CHIRANJEEVI
SINGH)
Principal
Secretary,
Finance Department
NOTIFICATION
No.
PWD 389 FC-3/2001 (Part) Bangalore, Dated 30th January
2002
CIRCULAR
Sub: Price
Preference to SSI units - Amendment to KTPP Rules, 2000-
Clarification reg
Ref: 1)
Notification No. PWD/389/FC-3/2001 Date 30-08-2001 (2)
V.O. Note No. CI 167 SPI 2001 dt:02.01.02
The
C&I Dept, has requested the F.D to modify the
notification dated 30.08.2001 relating to 15% prices
preference to the small scale industries as it is
affecting a large number of SSI units while quoting for
tenders along with Large & Medium Industries from
within and outside the state.
In
Rule 25 of KTPP Rules, 2000 it is mentioned about the
procedures to be followed for determination of the
lowest evaluated price. As per the said rule the lowest
quoted tender only should be accepted. The C&I Dept.
had requested to amend the KTPP Act, 1999 to consider
the tenders of the small scale industries of the state
giving 15% price preference as announced in the new
industrial policy. Accordingly the matter was examined
in consultation with the dept. of Parliamentary affairs
and legislation and the notification No. PWD 389 FC-3 :
2001 dt:30.08.2001 was issued. In the said notification
it was indicated that the period of five years from
01.04.2001 Small scale Industries of the state shall be
given 15% price preference in accordance with the new
Industrial policy, 2001-2006 issued by the GO No. CI 167
SPI 2001 dt:30th June 2001 while determining the lowest
evaluated price.
It
appears that many procurement entities have been
interpreting the above notification differently and this
has affected the finalization of the tenders. Therefore
following clarification are issued in respect of the
above notification relating to 15% price preference to
be considered while determining the lowest evaluated
price in respect of Small Scale Industries for
finalizing the tender.
-
Upto 15% preference for
evaluation should be allowed to SSIs of the state
who have quoted in the same tender application, the
15% price preference should be calculated on basis
of the lowest quoted rate if it is quoted by a large
or a medium industry/SSI of another state
-
The lowest bids by the SSI unit
with in the 15% price preference range shall be
deemed to be the lowest evaluated price and shall be
given preference for awarding the tender.
-
The following illustration is
given to make it clear :
L1 |
L2 |
L3 |
L4 |
L&MI/SSI
of another state Rs. 100 |
SSI. of
the state Rs.108 |
SSI of
the state Rs.112 |
SSI. of
the state Rs.115 |
Range
of price preference is up to Rs. 115, ie, Rs 100+15%
of Rs. 100.
The
SSI unit L2,L3&L4 are eligible to be considered.
Tender is to be awarded to L2 at Rs. 108 as it is
the lowest evaluated price.
Accordingly
all the procurement entities as hereby asked to
follow the above procedure, while determining the
lowest evaluated price of SSI units of the state.
(CHIRANJIV
SINGH )
Principal Secretary to Govt.
Finance Dept.
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