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Amendment of Rule 177 of WBFR regarding Tenders

Subject to any special rule or order or procedure that may be prescribed by the Government in respect of a particular department, open tender shall invariably be invited for execution of works worth Rs. 1,00,000/- or more.

Published in Finance Tags:

Government of West Bengal
Finance Department
Audit Branch

No. 2254-F(Y)  Dated, 24th April, 2014

NOTIFICATION

In exercise of the power conferred by Clause (3) of Article 166 of the Constitution of India, the Governor is pleased hereby to make the following amendments in the West Bengal Financial Rules, Volume-1, as subsequently amended (hereinafter referred to as the said Rules), namely:-

1. clause (a) of Rule 177 of the said rules is deleted

2. clause (c) of Rule 177 of the said rules is substituted with the following:-

” i. Subject to any special rule or order or procedure that may be prescribed by the Government in respect of a particular department, open tender shall invariably be invited for execution of works worth Rs. 1,00,000=00 or more.

ii. For works valued at Rs. 5 lakh and above, e-tendering through the centralized e-Tender Portal [http://wbtenders.gov.in] is mandatory, in addition to publication in print media.

iii. E-Tender documents should be made available only through the State Government e-tender portal, namely, https://wbtenders.gov.in free of cost.

iv. For works exceeding Rs. 10 lakh or for purchasing plant, machinery, etc, of complex and technical nature, bids may be invited in two parts under two-bid system laid down in Rule 47C.

v. Selection of agency should be made on the basis of at least three tenders, which shall be opened in presence of willing agents. If the number of tenders received is less than three, tender should be invited afresh.

vi. In case of invitation of tender under two-bid system, if the number of tenderers/bidders qualified in the technical bid is less than three, tender should be invited afresh.

vii. The lowest tender for such works should be accepted as a rule. If for any reason, the lowest tender is not accepted, reference shall be made to Government for orders as to which of the contractors the work should be given.

viii. Tender notice shall always be given due publication through the leading dailies in English, Hindi and Bengali. Open tender for execution of works worth Rs. 1,00,000/- or more shall be invited in the following manner:

Sl. No. Item Manner of Tender
i. For execution of works with estimated value of or exceeding Rs. 1 lakh upto Rs. 5 lakh. Publication of the work on the notice board and on the website of the administrative department, if maintained and also brief referral advertisement in one daily Bengali newspaper [in case of hill areas of Darjeeling District in Nepali newspaper].
ii. For execution of works and services with estimated value exceeding Rs. 5 lakh upto Rs. 10 lakh. Publication of the work on the notice board and on the website of the administrative department, if maintained and also brief referral advertisement in two daily newspapers, one in Bengali [in case of hill areas of Darjeeling District in Nepali newspaper] and the other in English.
iii. For execution of works and services with estimated value exceeding Rs. 10 lakh. Publication of the work on the notice board and on the website of the administrative department, if maintained, and also in the official website of Government of West Bengal, and also brief referral advertisement in three daily newspapers, one each in Bengali [in case of hill areas of Darjeeling District in Nepali newspaper], in English and in Hindi.

Explanation: Brief referral advertisement will contain only certain title information such as name and location of the scheme, last date for submission of tender, names of the websites where details are available.

ix. A minimum period, as stated below, shall be allowed for submission of the tenders from the final publication date.

Sl. No. Item Minimum period for submission of tender from the last date of publication
a. For supply of articles or stores or for execution of works and services with estimated value not exceeding Rs. 10 lakh. 7 days
b. For supply of articles or stores or for execution of works and services with estimated value exceeding Rs. 10 lakh upto Rs. 1 Crore. 14 days
c. For supply of articles or stores or for execution of works and services with estimated value exceeding Rs. 1 Crore. 21 days

3. the following clause is inserted after clause (c) of Rule 177 of the said rules:-

“(d) In case of e-tendering, EMD/Bid security shall be collected as soft copy (scanned copies of the originals) for instruments (Cheques/bank Draft/bank Guarantee, etc.) and in case of deposit of money it should compulsorily be deposited on-line by the bidders. The LI bidder shall submit the hard copy of the documents to the tender inviting authority with his acceptance letter of the LOI.

Failure to submit the hard copy with the acceptance letter within the time period prescribed for the purpose, may be construed as an attempt to disturb the tendering process and dealt with accordingly legally including blacklisting of the bidder.”

By order of the Governor

Sd/-H.K. Dwivedi
Principal Secretary to the
Government of West Bengal

No. 2254-F dated 24.04.2014, Source