Rajasthan Transparency in Public Procurement Rules, 2013

No: -- Dated: Jan, 26 2013

Rajasthan Transparency in Public Procurement Act, 2012

Rajasthan Transparency in Public Procurement Rules, 2013

राजस्थान लोक उपापन में पारदर्शिता अधिनियम, 2013

G.S.R. 96.- In exercise of the powers conferred by section 55 of the Rajasthan transparency in Public Procurement Act, 2012 (Act No. 21 of 2012), the State Government hereby makes the following rules, namely:-

CHAPTER- I

Preliminary

1. Short title and commencement.- (1) These rules may be called the Rajasthan Transparency in Public Procurement Rules, 2013.

(2) They shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

2. Definitions.- (1) In these rules, unless the context otherwise requires, -

(i) “Act” means the Rajasthan Transparency in Public Procurement Act, 2012 (Act No. 21 of 2012);

(ii) “competent authority” means an authority or officer to whom the relevant administrative or financial powers have been delegated for taking decision in a matter relating to procurement;

[ii-a) “Earnest Security” means an amount of security provided by the Project Proponent to the Administrative Department concerned as a token of sincerity and good faith, as specified in sub-rule (6) of rule 79F;

(ii-b) “Eligible Sector” means the Sector, as specified in rule79B, in which the project proposals can be accepted under the Swiss Challenge method;]

(iii) "form" means form appended to these rules;

(iv) “international competitive bidding” means a bidding process in which qualified bidders from all over the world, except those having nationality of a country declared ineligible by the Central Government, are allowed to participate;

(v) “national competitive bidding” means a bidding process in which qualified bidders only from within India are allowed to participate

[(v-a) “Project Proponent” means a Legal entity or a Person who submits a proposal under Swiss Challenge Method;]

(vi) “section” means section of the Rajasthan Transparency in Public Procurement Act, 2012

[(vii) “State Level Empowered Committee (SLEC)” means the State Level Empowered Committee constituted by the State Government under the chairmanship of the Chief Secretary for consideration/ examination/ approval of the project, received under Swiss Challenge Method.]

(2) Words and expressions used in these rules but not defined shall have the same meaning as assigned to them in the Act.

CHAPTER- II

Organisational Structure for Procurement

3. Procurement committees.- (1) Every procuring entity shall constitute one or more committees for the following purposes, namely: -

(a) Preparation of bidding documents;

(b) Opening of bids;

(c) Evaluation bids;

(d) Monitoring of contract;

(e) Spot Purchase;

(f) Competitive negotiation; and

(g) Any other purpose relating to procurement, as may be decided by the procuring entity.

(2) Each committee shall consist of three or more members including senior most accounts officer or official of the procuring entity, and if required, a technical official may be nominated by the procuring entity. A consultant, as subject matter specialist, may also be nominated in the committee by the procuring entity, after recording reasons, with the prior approval of the competent authority.

(3) In complex projects, the work of preparation of project report or bidding documents may be assigned to consultants with the prior approval of the competent authority.