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2012 (Rajasthan Transpareney
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Public Procurement Act, 2012) ye TOTKeITT
Procurement Rules, 2013) vTH feAT
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(Rajasthan Transparency
Entities) fHÄ T
26.01.2013 YT T EI TT TAT eri (Procurement

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(htp://sppp.raj.nic.in)

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AnnexureA: Compliance with the Code

of lIntegrity and No Conflict of Interest
Annexure B: Declaration by Bidders
regarding Qualifications
Doci
 Procurement Process
Redressal during
Annexure C: Grievance
Annexure D Additional Conditions of Contract

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 Code of Integrity and No
Annexure A : Compliance with the
Conflict of Interest
in a procurement process shall
Any person participating reward or material benefit cither directly or indirectly in
not offer any bribe,
gift or any to otherwise influence
the
(a) in procurement process or
exchange for an unfair advantage
procurement process so as to obtain a financial
or onmit that misleads or attempts to mislead
(6) not misrepresent
or other benefit or avoid an obligation;
behavior to impair the
in collusion, Bid rigging or anti-competitive
nct indulge any
transparency, fairmess
and progress of the procurement process;
and the Bidders with
infornation shared between the procurirng Entity
not misuse any
an intent to gain untair advantage in the procurernent process; the
or harming or threatening to do
(e) induige in any coercion including impairing to its
noi to influence the
to any party or property
same, directiy or indirectly,

procurement process
audit ofa procurement process,
(not obstruct any investigation or
disclose conflict of interest, if any; and
in india or any other country
disclose any previous transgressions with any Entity
other procuring entity.
during the last three years or any debarment by any

Conflict of Interest:
a Conflict of Interest.
The Bidder participating in a bidding process must not have
A Confiict of Interest is considered to be a situation in which a party has interests that
could improperly influence that party's performance of officiaB duties or responsibilities,
contractual obligations, or compliance with applicable laws and regulations.
i. A Bidder may be considercd lo be in Conflict of Interest with one
or more parties in a

process if, including but not

limited to:
bidding
a. have controlling partners/ shareholders in common; or
b. receive or have received any direct or indirect subsidy from any of them; or
c. have the same legal representative for purposes of the Bid; or
d. have a relationship with each other, directly or through common third parties, that puts
tihem in a position to have access to information about or influence on the Bid of
another Bidder, or influence the decisions of the Procuring Entity regarding the
bidding process; or
the Bidder participates in more than one Bid in a bidding process. Participation by a
Bidder in more than one Bid will result in the disqualification of all Bids in which the
Bidder is involved. However, this does not limit the inclusion of the same
subcontructor, not otherwise participating as a Bidder, in more than one Bid; or

. the Bidder or any of its affiliates participated as a consultant in the preparation of the
design or technical specifications of the Goods, Works or Services that are the subjoct
of the Bid; or

Bidder or any of its affiliates has been hired (or is proposed to be hired) by the
Procuring Entity as engincer-in-charge/ consuitant for thec contract.
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 Bidder regarding Qualifications
Annexure B : Declaration by the
Declaration by theBidder
for procurement of
In relation to my/our Bid submitted to . '******''

Bids No..
in response to their Notice Inviting
* * * * * * * * * * **

Public
declare under Section 7 of Rajusthan Transparency in
Dated..... 1/we hereby
Procurement Act, 2012, that:
and managerial resources and
1. I/we possess the necessary
professional, technical, financial
the Document issued by the Procuring Entity:
Bidding
competence required by
taxes payable to the Union apd
the
2. Iwe have fulfilled my/our obligation to pay such of the
as specified in the Bidding
Document;
State Government or any local authority
or being wound up, not
havo my/our
3. we are not insolvent, in receivership, bankrupt
not have my/our business activities
affairs administered by a court or a judicial officer,
subject of legal proceedings for any of the foregoing
reasons;
suspended and not the
directors and officers not have, been convicted of any criminal
4. l/we do not have, and our

conduct the making of false statements or

offence related to my/our professional or

as to my/our qualifications to enter into a procurement contract within

misrepresentations
of this procurcment process, or not
a period of three years preceding the commenoement

have been otherwise disqualified pursuant to debarment proceedings;

l/we do not have a conflict of interest as specified in the Act, Rules and the Bidding

Document, which materially afiects fair competition;

Signature of bidder
Date:
Name
Place
Designation
Address:

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Annexure C: Grievance Redressal during Procurement Process
The designation and address ofthe First Appellate Authority is
The designation and address of the Second Appellate Authority is
(1) Filing an appeal

if any Bidder or prospective bidder is aggrieved that any decision, action or omission of
the Procuring Entity is in contravention to the provisions of the Act or the Rules or the
Guidelines issued thereunder, he may file an appeal to First Appellate Authority, as
specified in the Bidding Document within a period of ten days from the date of such
decision or action, omission, as the casc may be, clearly giving the speciflc ground or
grounds on which he fecls aggrieved:

Provided that after the deciaration of a Bidder as successful the appeal may be filed only
by a Bidder who has participated in procurement procecdings:

Provided further that in case a Procuring Entity evaluates the Technical Bids before the
opening of the Financial Bids, an appeal related to the matter of Financial Bids may be
filed only by a Bidder whose Technical Bid is found to be
acceptable.
)The ofticer to whoa an appeal is filed under para (1) shall deaB with the appeal as
expeditiously as possible und shall endeavour to dispose it of within thirty days from the
date of the appeai.

(3) f the officer designated under para (!) fails to dispose of the appeai filed within the
period specified in para (2), or if the Bidder or prospective bidder or the Procuring Entity
is aggrieved by the order passed by the First Appellate Authority, the Bidder or
prospective bidder or the Procuring Entuty, as the case may be, may file a second appeal
to Second Appellate Authority specificd in the Bidding Document in this behalf within
fifcen days from the expiry of the period specified in para (2) or of the date of receipt of
the order passed by the First Appellate Authority, as the case may be.

(4) Appeal not to lie in certain cases

No appeal shall lie against any decision of the Prociuring Entity relating to the following
matters, namely:-
(a) determination of need of procurement;
(b) provisions limiting participation of Bidders in the Bid process;
(c) the decision of whether or not to enter into negotiations;
(d) cancellation of a procurement process;
(c) applicability of the provisiorns of confidentiality.

(5) Form of Appeal

(a) An appcal under para (1) or (3) above shall be in the annexed Fform along with as many
copies us there are respondents in the appeal.
(b) Every appeal shail be accompanied by an order appealed against, if any, affidavit
verifying he facts stated in the appeal and proof of payment of fee.
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(c) Every appeal may be presented to First Appellate
Authority, as the case may be, in Authority or Second Appellate
representative. person or through
(6) Fee for filing appeal
registered post or authorised
(a) Fee for first appeal sha!l be
be rupees ten rupees two thousand five hundred and
thousand, which shall be for second
appeal shall
(b) The fee shal! be
paid in the form of banknon-refundable.
demand
Bank in India
payable in the name of Appellate draft or banker's cheque ofa Scheduled
Authority concerned.
(7) Procedure for
disposal of appeal

(a) Toe First Appcllate

Authority Second
or
filing of appeal, shail issue notice Appeliate Authority, as the case may be, upon
documents, if any, to the respondents and accompanicd by copy of appeal, affidavit and
fix date of hearing.
(b)On the date fixed for hearing, the First
Authority, as the case may be, shall,- Appellate Authority or Second Appellate
) hear all the parties to
appeal present before him; and
(ii) peruse or inspect documents, relevant records or copies thereof
matter. relating to the
c) After hearing the parties,
copies thereof relating to theperusal inspection of documents and relevant records or
or

order in writing and matter, the Appellate

Authority concerned shall pass an
provide the copy of order to the parties to appeal free of cost.
(d) The order passed under sub-clause
Procurenent Portal.
(¢) above shall also be placed on the
State Public

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 FORM No.1
See rule S3
under the Rajasthan Transparency in Public Procurement
Memorandum of Appeal
Act, 2012

Appeal No.. of.. **

Before the.. ... (First/ Second Appellate Authority)

1. Particulars of appellant:
) Name of the appellant:

(i) Official address, if any:

(ii) Residential address:

2. Name and address of the respondent(s)

()
(ii)
(ii)
3. Number and date of the order appealed against
and name and designation of the oflicer/ authority
who passced the order (enclose copy), orta
statement of a decision, action or omission of
the Procuring Entity in contravention to the provisions
of the Act by which the appellant is aggrieved:
If theAppellant proposes to berepresented
by representative, the name and postaB address
a
of the representative
Number of affidavits and documents enclosed with the appeal:
6. Grounds of appeal:
.. . . . .. . . . . s * * s s s s . * * * * * * * * * * * * * '******************"**********

. . .******************************* ********";
* * * * * * * * * * * * * * * * * * * * * * * * * ' * * * * * * *
********* *********** (Supported by an
affidavit)
7. Prayer.
********** ****
* ** * **** ** *

* * ****
**********

Place * ******'***'***** * * * * ' ********

Date ******''' *****

Appellant's Signature

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 nexure D : Additional Conditions of Contract
1. Correction of arithmetical errors

Provided that a Financial Bid is substantially responsive, the Procuring Entity will
correet ar1thmetical errors during evaluation of Financial Bids on the following basis:

if there is a discrepancy between the unit price and the total price that is obtained
by multiplying the unit price and quantity, the unit price shall prevail and the total
price shall be corrected, uniess in the opinion of the Procuring Entity there is an
obvious misplacement of the decimal point in the unit price, in which case the
total price as quoted shall govern and the unit price shall be corrected;
ii. if there is an error in a total corresponding to the addition or subiraction of
subtotals, the subtotals shall prevail and the total shall be corrected; and
ii. if there is a discrepancy between words and igures, the amount in words shall
prevail, uniess the amount expressed in words is related to an arithmetic error, in
which case the amount in figures shall prevail subjcct to (i) and (ii) above.
f the Bidder that submitted the lowest evaluated Bid does not accept the correction of
errors, its Bid shall be disqualified and its Bid Security shall be forfeited or its Bid
Securing Declaration shall be executed.

2. Procuring Entity's Right to Vary Quantities

()At the time of award of contract, the quantity of Goods, works or services originally
specified in the Bidding Document may be increased or decreased by a specified
percentage, but such increase or decrease shall not exceed twenty percent, of the quantity
specified in the Bidding Docunent. It shal be without any charge in the unit prices ar
ather terms and conditions of the Bid and the conditions of contract.

ii) if the Procuring Entity does not procure any subject matter of procurement or procures
less than the quantity specified in the Bidding Document due to change in circumstances, the
Bidder shall not be entitled for any claim or compensation except otherwise provided in the
Conditions of Contract.

(i) In case of procurement of Goods orservices, additionai quantity may be procured by

placing a repeat order on the rales and conditions of the original order. However, the
additional quantity shall not be more than 25% of the value of Goods of the
contract and shal! be within one month from the date of expiry of last supply. lf the
original
Supplier fails to do so, the Procuring Entity shall be free to arrange for the balance supply
by limited Bidding or otherwise and the extra cost incurred shall be recovered from the
Supplicr

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 3. Dividing quantities nore than Bidder at thc tirmc of award
among one
(In case
of procurement of Goods)
As a generel rule all the quantities of the subject multer of procurement shall be procured
from the Bidder, whose Bid is accepted. Howevcr, when it is considcred that the
the quantity of
subject matter of procurement to be procurcd is very large and it may not be in the
capacity of the Bidder, whosc Bid is accepted, to delivcr the cntire quantity or when it is
considercd that the subject matter of procurcmcnt to bo
procured is of critical and vital
nature, in such cases, the quantity may be divided betwecn the Bidder, whose Bid is
accepted end the second lowest Bidder or cven more Bidders in thut order, in a fair,
transparcnt and equitable manner at the ratcs of the Bidder, whose Bid is acccpted.

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