English — official source version
tntit_act_rules_amended_upto_june_2018.pdf.txt
FINANCE DEPARTMENT
TAMIL NADU TRANSPARENCY IN
TENDERS ACT, 1998.
TAMIL NADU TRANSPARENCY IN
TENDERS RULES, 2000.
AND
TAMIL NADU TRANSPARENCY IN TENDERS
(PUBLIC PRIVATE PARTNERSHIP
PROCUREMENT) RULES, 2012.
(As amended upto the 26th June, 2018)
©
Government of Tamil Nadu
2018
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PREFACE
Government organizations procure a wide variety of
goods and services and undertake execution of works in
pursuance of their duties and responsibilities. With a
view to improving transparency in decision making in
public procurement and reducing the scope for
subjectivity, the Tamil Nadu Transparency in Tenders
Act, 1998 was enacted and the Rules thereunder made for
procurement of goods, execution of works and hiring of
consultants. Over the years, the need for certain
improvements was felt and its flexibility lies in its
amendments. Accordingly, amendments were made to the
said Act and Rules.
In this edition, the text of the Tamil Nadu Transparency
in Tenders Act, 1998, Tamil Nadu Transparency in
Tenders Rules, 2000 and Tamil Nadu Transparency in
Tenders (PPPP) Rules, 2012 has been brought up-to-date
by incorporating therein all amendments made up to
26th June 2018. The footnotes below the text indicate the
said amendment Acts and Rules by which such
amendments have been made.
I hope that this edition would be useful to procuring
officials working in various Government organisations
and will bring about greater transparency and
predictability.
K. SHANMUGAM
Fort St. George,
Chennai-600 009.
Dated: 14-08-2018.
Additional Chief Secretary to
Government
Finance (Salaries) Department.
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TABLE OF CONTENTS
i
TAMIL NADU TRANSPARENCY IN TENDERS ACT, 1998
Sections Content Pages
1. Short title, extent and commencement ..................... 2
2. Definitions .............................................................. 2
3. Prohibition or Procurement except by tender ........... 4
4. Regulation of Tenders .............................................. 5
5. Appointment of Bulletin Officer ............................... 5
6. Functions of Bulletin Officers .................................. 5
7. Appointment of Tender Inviting Authority and
Tender Accepting Authority ..................................... 6
8. Opening of Tender ................................................... 6
9. Functions of Tender Inviting Authority .................... 6
10. Evaluation and Acceptance of Tender ...................... 7
11. Appeal .................................................................... 9
12. Right to reject Tender .............................................. 10
13. Power to obtain information .................................... 10
14. Power of Government to call for records ................... 10
15. Procedure to be followed in certain cases ................. 10
16. Provisions of this Act not to apply in certain cases ... 11
17. Officers deemed to be Public Servant ....................... 15
18. Indemnity ............................................................... 15
19. Bar of Jurisdiction .................................................. 15
20. Act to override other laws ........................................ 15
21. Power to remove difficulties ..................................... 16
22. Power to make rules ................................................ 16
23. Savings ................................................................... 16
The Schedule .......................................................... 17
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TABLE OF CONTENTS
ii
TAMIL NADU TRANSPARENCY IN TENDERS RULES, 2000
Rules Content Pages
CHAPTER-I
PRELIMINARY
1. Short Title and Commencement.- ................................... 19
2. Definitions.- .................................................................. 19
CHAPTER-II
GENERAL
3. Categories of Procurement .............................................. 21
4. Methods of Tendering ..................................................... 21
CHAPTER-III
PUBLICITY
5. Publication of Tender Bulletin......................................... 22
6. Distribution of Tender Bulletin ....................................... 22
7. Tender Bulletin to contain information only .................... 23
8. Information to be published in District Tender Bulletin ... 23
9. Information to be published in the State Tender Bulletin . 23
10. Details to be mentioned in Notice Inviting Tenders .......... 24
11. Publication of Notice Inviting Tenders in Newspapers ..... 24
12. Sending Notice Inviting Tenders to all possible tenderers . 25
CHAPTER-IV
NOTICE INVITING TENDERS AND TENDER DOCUMENTS
13. Technical Specifications contained in Tender Documents 26
13-A General Condition ........................................................... 26
14. Commercial Conditions .................................................. 27
15. Tender Documents to clearly specify Evaluation Criteria . 30
16. Supply of Tender Documents .......................................... 30
17. Clarification to Tender Documents .................................. 31
CHAPTER-V
RECEIPT OF TENDERS AND TENDER OPENING
18. Place and Time for Receipt of Tenders ............................. 32
19. Marking of covers in which the tender is submitted ......... 33
20. Minimum time for submission of tenders ........................ 33
TABLE OF CONTENTS
iii
TAMIL NADU TRANSPARENCY IN TENDERS RULES, 2000
Rules Content Pages
20-A Withdrawal of Tenders Before Opening ........................... 33
21. Opening of Tenders ........................................................ 34
22. Procedure to be followed at tender opening ..................... 35
23. Changes and Alterations not to be permitted after tender
opening .......................................................................... 36
24. Tender Scrutiny Committee ............................................ 36
CHAPTER-VI
TENDER EVALUATION
25. Tender Evaluation to be in accordance with Evaluation
Criteria .......................................................................... 38
26. Time taken for Evaluation and Extension of tender
validity ........................................................................... 37
27. Process of Tender Evaluation to be confidential until the
award of the contract is notified ...................................... 37
28. Initial Examination to determine substantial
responsiveness ............................................................... 38
29. Determination of the Lowest Evaluated Price................... 39
29-A Treatment of Speculative Tenders ................................... 41
30. Preparation of Evaluation Report and Award of Tenders .. 41
CHAPTER-VI-A
PURCHASE PREFERENCE
30-A. Purchase Preference to Domestic Enterprises ................. 43
30-B. Purchase Preference to Government departments, Public
Sector Undertakings, Statutory Boards and others ......... 43
CHAPTER-VII
EVALUATION AND AWARD OF TENDERS IN SPECIAL CASES
31. Procurement in Special Cases ......................................... 44
31-A Fixed Rate Contract ........................................................ 45
32. Pre-qualification Procedure in a single stage, two cover
Tender ........................................................................... 46
32-A Pre-qualification with Multi-stage Tendering ................... 47
33. Low Value Procurement .................................................. 48
The Annexure................................................................. 49
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TABLE OF CONTENTS
iv
TAMIL NADU TRANSPARENCY IN TENDERS (PUBLIC PRIVATE
PARTNERSHIP PROCUREMENT) RULES, 2012.
Rules Content Pages
CHAPTER-I
PRELIMINARY
1. Short title, commencement and extent ............................ 51
2. Definitions .................................................................... 51
CHAPTER-II
PUBLIC PRIVATE PARTNERSHIP (PPP) - PROJECT
PROCUREMENT PLANNING
3. Identifying the procurement method for Public Private
Partnership (PPP) Project ............................................... 56
4. Two Stage Open Competitive Tendering .......................... 56
5. Open Competitive Tendering with Request for Technical
Proposal(RTP) ................................................................. 56
6. Open Competitive Tendering with Request for
Expressions of Interest (REOI) ........................................ 57
7. Formation of Tender Scrutiny and Evaluation
Committee .................................................................... 57
8. Engaging Consultants or Advisors .................................. 58
9. Information to be published in the State Tender Bulletin` 58
10. Details to be mentioned in Notice Inviting Tenders.- ........ 58
11. Publication of Notice Inviting Tenders in Newspapers ...... 59
12. Publication in Notice Board, Website and sending Notice
Inviting Tenders to all possible tenderers.- ..................... 59
13. Supply of Tender Documents ......................................... 60
14. Security ......................................................................... 60
15. Conflict of Interest ......................................................... 62
16. Clarifications on Tender Documents ............................... 63
17. Pre-submission Meeting ................................................. 64
18. Modification of Tender Documents and Responses ......... 64
19. Manner, Place and Due Date for Submission of
Responses ..................................................................... 65
20. Withdrawal of Tenders Before Opening ........................... 66
TABLE OF CONTENTS
v
TAMIL NADU TRANSPARENCY IN TENDERS (PUBLIC PRIVATE
PARTNERSHIP PROCUREMENT) RULES, 2012.
Rules Content Pages
21. Opening of Tenders ....................................................... 66
22. Procedure to be followed at Opening of Tenders .............. 66
23. Changes and alterations not to be permitted after
Opening of Tenders ....................................................... 67
24. Initial Examination to determine substantial
responsiveness .............................................................. 67
25. Clarifications on qualification information ...................... 68
26. Confidentiality ............................................................... 69
27. Record of Tender Proceedings ........................................ 69
CHAPTER-III
REQUEST FOR EXPRESSION OF INTEREST
28. Request for Expression of Interest (REOI) ........................ 70
CHAPTER-IV
REQUEST FOR QUALIFICATION
29. Request for Qualification (RFQ) ....................................... 72
30. Contents of Request for Qualification (RFQ) ................... 72
31. Eligibility of Applicants ................................................... 73
32. Qualifying Criteria .......................................................... 73
33. Schedule of Request for Qualification (RFQ) .................... 75
34. Removal of Conflict of Interest ........................................ 76
35. Evaluation of Applications .............................................. 76
36. Notification of Qualification ............................................ 76
CHAPTER-V
REQUEST FOR TECHNICAL PROPOSAL
37. Request for Technical Proposal (RTP) .............................. 77
38. Schedule of Request for Technical Proposal (RTP) ............ 79
39. Technical Evaluation ...................................................... 80
40. Notification of passed Technical Proposals to Qualified
Applicants ...................................................................... 80
41. Combining Request for Technical Proposal with Request
for Proposal .................................................................... 81
TABLE OF CONTENTS
vi
TAMIL NADU TRANSPARENCY IN TENDERS (PUBLIC PRIVATE
PARTNERSHIP PROCUREMENT) RULES, 2012.
Rules Content Pages
CHAPTER-VI
REQUEST FOR PROPOSAL
42. Request for Proposal (RFP) ........................................ 82
43. Project Scope .................... 83
44. Revenue Sharing or Revenue Support Mechanisms .... 83
45. Appointment and Role of Independent Auditor .......... 84
46. Appointment and Role of Independent Engineer ......... 84
47. Role of Lead Financial Institution .............................. 85
48. Treatment of Variation.- ............................................ 85
49. Evaluation Criteria.- ................................................. 86
50. Schedule of Request for Proposal (RFP) ...................... 87
51. Data Room.- ............................................................. 87
52. Site visit.- ................................................................. 88
53. Change in Composition of Consortium ....................... 88
54. Effectiveness of Tenders ............................................ 89
55. Evaluation of Tenders.- ............................................. 89
56. Selection of the Lowest Tenderer................................ 89
57. Treatment of Two Equal Tenders ............................... 90
58. Treatment of Speculative Tenders .............................. 91
59. Tender Finalization and Award .................................. 91
60. Monitoring of Concession Agreement ......................... 92
61. Change in Ownership ................................................ 92
SCHEDULES
I. Provisions of the Draft Concession Agreement............ 94
II. Scope of Work for Independent Auditor ...................... 97
III. Scope of Work for Independent Engineer ................... 98
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Notification issued under section 16(f) of TNTIT
Act,1998 ................................................................... 101
List of Amendments made ........................................ 119
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TAMIL NADU TRANSPARENCY IN
TENDERS ACT, 1998.
ii
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1
TAMIL NADU TRANSPARENCY IN TENDERS
ACT, 1998.
(TAMIL NADU ACT NO.43 OF 1998)
(Published in TNGGE No.742, 21st December 1998 - Part-IV – Section 2 – T.N. Acts and Ordinances)
The following Act of the Tamil Nadu Legislative Assembly received the
assent of the President on the 11th December 1998 and is hereby
published for general information:-
Act No.43 of 1998.
An Act to provide for transparency in the public procurement and
to regulate the procedure in inviting and accepting tenders and
matters connected therewith or incidental thereto.
Preamble.-
WHEREAS to maximise economy and efficiency in Government
procurement;
AND WHEREAS to foster and encourage effective participation by
tenderers in the process of tenders;
AND WHEREAS to promote healthy competition among tenderers;
AND WHEREAS to provide for fair and equitable treatment of all
tenderers;
AND WHEREAS it is expedient to eliminate irregularities, interference
and corrupt practices in the matters relating to tender processes by
providing transparency in such matters;
AND WHEREAS to promote the integrity of the process of tenders and to
promote fairness and public confidence in the processing of tenders by
ensuring transparency in the procedure relating to procurement;
TAMIL NADU TRANSPARENCY IN TENDERS ACT, 1998.
2
BE it enacted by the Legislative Assembly of the State of Tamil
Nadu in the Forty-ninth year of the Republic of India as follows:-
1. Short title, extent and commencement.- (1) This Act may
be called the Tamil Nadu Transparency in Tenders Act, 1998.
(2) It extends to the whole of the State of Tamil Nadu.
(3) It shall come into force on 1[such date] as the Government
may, by notification, appoint.
2. Definitions.- In this Act, unless the context otherwise
requires,-
(a) ‘Construction’ means all works associated with the
construction, reconstruction, demolition, repair or renovation of a
building, structure or any other related works;
2[(aa) ‘Domestic Enterprise’ means any micro and small
enterprise as defined in the Micro, Small and Medium Enterprises
Development Act, 2006 (Central Act 27 of 2006), which manufactures
or produces goods, provides or renders services within the State and
filed Part II of the Entrepreneurs Memorandum in the District
Industries Centres or filed Udyog Aadhaar portal.]
(b) ‘Goods’ means raw materials, products, equipment and
other objects of every kind and description and includes electricity;
(c) ‘Government’ means the State Government;
1 Appoints 1st day of October 2000 as the date on which the said Act shall come into force.
[TNGGE No.701 / 01-10-2000 (No.II(2) / FIN / 1051(d1) / 2000) - G.O.Ms.No.445 /
26th September, 2000].
2 Substituted for {“(aa) 'Domestic Small Scale Industrial Unit' means an industrial unit in which
the investment in fixed assets in plant and machinery, whether held in ownership or on lease
or by hire purchase, does not exceed rupees one hundred lakhs, and which manufactures the
goods within the State and registered with the Director of Industries and Commerce”-
Inserted by the TNTIT (Amendment) Act, 2001 (Tamil Nadu Act 14 of 2001) sec. 2(1)
[TNGGE No.667 / 24-09-2001] (w.e.f. 1-12-2001). [TNGGE No.44 / 21-11-2001 (No.II(2) /
FIN / 888(m-a) / 2001.- G.O.Ms. No.451, Finance (Salaries), 16th Nov. 2001]} by the TNTIT
(Amendment) Act, 2017 (Tamil Nadu Act 45 of 2017) sec. 2(1) [TNGG No.261 / 07-08-2017]
(w.e.f. 19-09-2017) [TNGG No.295 / 19-09-2017 (No. II(2)/FIN/783(d)/2017) - [G.O. Ms. No.
269, Finance (Salaries), 19th September 2017].
TAMIL NADU TRANSPARENCY IN TENDERS ACT, 1998.
3
3[(cc) ‘Lowest Tender’ means the tender which, on evaluation,
is found to be the most beneficial to the procuring entity in financially
quantifiable terms.]
(d) ‘Procurement’ means acquisition 4[by any means including
electronic mode of] purchase of goods or services and also of
construction;
(e) ‘Procuring entity’ means the entity specified in the
Schedule to this Act;
5[(ee) ‘Service’ means any subject matter of procurement but
does not include any goods or constructions or hiring of any person to
represent the procuring entity or give advice on Legal matters in any
judicial or quasi judicial proceeding.]
(f) ‘Tender’ means the formal offer made 6[by any means
including electronic mode] in pursuance of an invitation by the
procuring entity
(g) ‘Tender Bulletin’ means the bulletin published for each
district or State, containing details of invitation and acceptance of
tender;
(h) ‘Tender Bulletin Officer’ means any officer appointed by
the Government to publish the district or State Tender Bulletin;
3 Inserted by the TNTIT (Second Amendment) Act, 2012 (Tamil Nadu Act 31 of 2012) sec.2(i)
[TNGGE No.320/15-11-2012] (w.e.f. 07-12-2012) [TNGGE No.342 / 7-12-2012 (No.II(2) /
FIN / 815(g)/2012) - G.O.Ms.No.422, Finance (Salaries), 7th December, 2012].
4 Substituted [for ‘by any means by’] by the TNTIT (Amendment) Act, 2017 (Tamil Nadu Act 45
of 2017) sec.2(2) [TNGGE No.261 / 07-08-2017] (w.e.f. 19-09-2017)] [TNGGE No.295 / 19-
09-2017 (No.II(2)/ FIN/ 783(d )/2017) - G.O.Ms.No.269, Finance (Salaries),
19th September 2017].
5 Inserted by the TNTIT (Second Amendment) Act, 2018 (Tamil Nadu Act 45 of 2017) sec.2
[TNGGE No.136 / 13-08-2018] (w.e.f. 26-06-2018) [TNGGE No.224/26-06-2018 (No.II(2) /
FIN / 549(d) / 2018.- G.O.Ms. No.206, Finance (Salaries), 26th June 2018].
6 Inserted by the TNTIT (Amendment) Act, 2017 (Tamil Nadu Act 45 of 2017) sec.2(3) [TNGGE
No.261 / 07-08-2017] (w.e.f. 19-09-2017) [TNGGE No.295/19-09-2017 (No. II(2) / FIN/
783(d)/2017.- G.O.Ms. No.269, Finance (Salaries), 19th September 2017].
TAMIL NADU TRANSPARENCY IN TENDERS ACT, 1998.
4
(i) ‘Tender Document’ means a set of papers 7[including
electronic document] containing schedule of works, rates, requirement
of goods or services, technical specifications, procedure and criteria as
may be prescribed for evaluation and comparison of tenders and such
other particulars as may be prescribed;
8 & 9[…]
3. Prohibition or Procurement except by tender.- (1) No
procurement shall be made by the procuring entity except by tender.
(2) The provisions of sections 9 and 10 shall not apply to any
procurement made by a procuring entity, in the normal course, if it is
for carrying on business of selling and buying goods:
Provided that in case of procurement by the procuring entities
on behalf of and for sale to Government or Government organisations
for any Government programme, such procurement shall be only by
tender.
10[(3) Notwithstanding anything contained in sub-section (1), a
procuring entity may procure goods or services through a Government
department or Government undertaking, nominated by the
Government by notification to act as an agency for procuring specified
classes of goods or services on behalf of any procuring entity upon
payment of a fee:
Provided that no procurement shall be made by the nominated
agency except by tender.]
7 Inserted by the TNTIT (Amendment) Act, 2017 (Tamil Nadu Act 45 of 2017) sec. 2(4) [TNGGE
No.261 / 07-08-2017] (w.e.f. 19.09.2017) [TNGGE No.295 / 19-09-2017 (No.II(2) / FIN /
783(d) / 2017.- G.O.Ms. No.269, Finance (Salaries), 19th September 2017].
8 Inserted [Provided that such criteria for evaluation and comparison of tenders shall also
provide for a price preference,- (a) not exceeding fifteen percent for the domestic small scale
industrial units; (b) not exceeding ten percent for the Public Sector Undertakings of the
Government in respect of products manufactured by them.] by the TNTIT (Amendment) Act,
2001 (Tamil Nadu Act 14 of 2001) sec. 2(2) [TNGGE No.667 / 24-09-2001]
(w.e.f. 1-12-2001). [TNGGE No.44 / 21-11-2001 (No.II(2) / FIN / 888(m-a) / 2001.- G.O.Ms.
No.451, Finance (Salaries), 16th Nov. 2001].
9 Omitted by the TNTIT (Second Amendment) Act, 2012 (Tamil Nadu Act 31 of 2012) sec.2(ii)
[TNGGE No.320/15-11-2012] (w.e.f. 07-12-2012) [TNGGE No.342 / 7-12-2012 (No.II(2) /
FIN / 815(g)/2012) - G.O.Ms.No.422, Finance (Salaries), 7th December, 2012].
10 Inserted by the TNTIT (Second Amendment) Act, 2018, (Tamil Nadu Act 17 of 2018), sec.3
[TNGGE No.136 / 13-08-2018] (w.e.f. 26-06-2018) [TNGGE No.224/26-06-2018 (No.
II(2)/FIN/549(d)/2018.- G.O.Ms. No.206, Finance (Salaries), 26th June 2018].
TAMIL NADU TRANSPARENCY IN TENDERS ACT, 1998.
5
4. Regulation of Tenders.- No tender shall be invited or
accepted by any authority after the commencement of this Act, except
in accordance with the procedure specified in this Act and the Rules
made thereunder.
5. Appointment of Bulletin Officer.- The Government may, by
notification appoint,-
11[(a) an officer of the Government not below the rank of a
Deputy Secretary to Government as State Tender Bulletin Officer];
12[(b) an officer not below the rank of a Deputy Collector as
District Tender Bulletin Officer for every district];
6. Functions of Bulletin Officers.- (1) On receipt of intimation
relating to details of notice of invitation of Tender, from the Tender
Inviting Authority, information relating to acceptance of tender together
with a comparative analysis and reasons for acceptance of tenders from
the Tender Accepting Authority, the State or as the case may be, the
District Tender Bulletin Officer shall, publish the same in the State or
District Tender Bulletin, 13[as the case may be, in such manner and
within such time as may be prescribed:]
Provided that, if the procurement covers more than one district,
the invitation and the acceptance of tenders shall be published in the
State Tender Bulletin and also in the District Tender Bulletin of such
districts.
11 The Director, Information and Public Relations appointed as State Tender Bulletin Officer.
[TNGGE No.701 / 1-10-2000 (No.II(2)/FIN/1051(d2)/2000) - G.O.Ms.No.447 / 26th
September, 2000 and Amendment TNGG No.27, / 18-7-2001 (No.II/(2)FIN/561/2001) (for the
expression “Joint Director (Information)”, the expression “The Director, Information and
Public Relations was appointed as State Tender Bulletin Officer” - G.O.Ms.No.233 / 15th
June, 2001].
12 The District Public Relation Officer attached to the Collector of every district appointed as
District Tender Bulletin Officer for the respective districts. [TNGGE No.701 / 1-10-2000
(No.II(2)/FIN/1051(d2)/2000) - G.O.Ms.No.447 / 26th September, 2000].
13 Substituted for the expression “as the case may be, within such time as may be prescribed” by
the TNTIT (Second Amendment) Act, 2018, (Tamil Nadu Act 17 of 2018), sec. 4(1) [TNGGE
No.136 / 13-08-2018] (w.e.f. 26-06-2018) [TNGGE No.224/26-06-2018 (No.
II(2)/FIN/549(d)/2018.- G.O.Ms. No.206, Finance (Salaries), 26th June 2018].
TAMIL NADU TRANSPARENCY IN TENDERS ACT, 1998.
6
14[(2) The Tender Bulletin shall be delivered to registered
subscribers by e-mail and shall also be published in a dedicated
website administered by the State Tender Bulletin Officer for view and
download by any person.]
7. Appointment of Tender Inviting Authority and Tender
Accepting Authority.- (1) The Government or the procuring entity,
may, by order, appoint an officer under its control as Tender Inviting
Authority for carrying out the functions assigned to it under this Act.
(2) The Government or the procuring entity, may, by order,
appoint an officer or a committee consisting such number of officers as
may be prescribed as Tender Accepting Authority for carrying out the
functions assigned to it under this Act.
(3) Notwithstanding anything contained in sub-sections
(1) and (2), -
(a) where the Government is the Tender Accepting Authority,
Tamil Nadu Government Business Rules shall be followed for tender
acceptance ensuring adherence to the other provisions of this Act;
(b) where a Multi-member Tender Accepting Authority is
discharging its functions under other Acts, such Multi-member
Authority shall be deemed to be Tender Accepting Authority under this
Act.
8. Opening of Tender.- The Tender Accepting Authority or any
other officer authorised by it, shall open the tenders in the presence of
tenderers present and who have submitted tenders in such time and in
such place as may be specified in the tender document.
9. Functions of Tender Inviting Authority.- (1) The Tender
Inviting Authority shall invite tenders in the form of a notice containing
such particulars as may be prescribed.
14 Substituted for “(2) The Tender Bulletin shall be made available for sale in the office of the
Tender Bulletin Officer and at such other places as may be specified by him” by the TNTIT
(Second Amendment) Act, 2018, (Tamil Nadu Act 17 of 2018), sec. 4(2) [TNGGE
No.136 / 13-04-2018], (w.e.f. 26-06-2018) [TNGGE No.224 / 26-06-2018] (No.II(2) / FIN /
549(d)) / 2018 - G.O.Ms. No.206, Finance (Salaries), 26th June 2018].
TAMIL NADU TRANSPARENCY IN TENDERS ACT, 1998.
7
(2) The Tender Inviting Authority shall communicate the Notice
Inviting Tenders to the Bulletin Officers according to the value of the
procurement and within such time as may be prescribed, so as to
publish the same in the appropriate Tender Bulletin.
(3) The Tender Inviting Authority shall also publish the Notice
Inviting Tenders in Indian Trade Journal and in daily newspapers
having wide circulation depending upon the value of the procurement
prescribed.
15[(3-A) The Tender Inviting Authority shall also cause the
Notice Inviting Tender hosted in the dedicated website administered by
the State Tender Bulletin Officer.]
(4) The Tender Inviting Authority shall supply the schedule of
rates and tender documents in such manner and in such places as
may be prescribed to every intending tenderer who has applied for
such document.
10. Evaluation and Acceptance of Tender.- (1) The Tender
Accepting Authority shall cause an objective evaluation of the tenders
taking into consideration the schedule of rates as mentioned in the
tender document and the prevailing market rate for procurement and
comparison of the tenders in accordance with the procedure and
criteria specified in the tender document.
(2) After evaluation and comparison of tenders as specified in
sub-section (1), the Tender Accepting Authority shall accept the lowest
tender ascertained on the basis of objective and quantifiable factors
specified in the tender document and giving relative weights among
them:
15 Inserted by the TNTIT (Second Amendment) Act, 2018, (Tamil Nadu Act 17 of 2018), sec. 5
[TNGGE No.136 / 13-08-2018] (w.e.f. 26-06-2018) [TNGGE No.224/26-06-2018 (No. II(2) /
FIN / 549(d)/2018.- G.O.Ms. No.206, Finance (Salaries), 26th June 2018].
TAMIL NADU TRANSPARENCY IN TENDERS ACT, 1998.
8
16[Provided that the Tender Accepting Authority shall accept the
tender of domestic enterprises, not being the lowest tender, upon
satisfaction of such conditions as may be prescribed, in respect only of
goods manufactured or produced and services provided or rendered by
them, and only to the extent of not exceeding twenty five per cent of the
total requirement in that procurement, if such domestic enterprise is
willing to match the price of the lowest tender:
Provided further that the Tender Accepting Authority shall
accept the tender of a department of Government, Public Sector
Undertaking, Statutory Board and other similar institutions as may be
notified, not being the lowest tender, upon satisfaction of such
conditions as may be prescribed, in respect only of goods
manufactured or produced and services provided or rendered by them,
and only to the extent of not exceeding forty per cent of the total
requirement in that procurement, if such tenderer is willing to match
the price of the lowest tender:
Provided also that in case of a single procurement, the total
procurement under the above two provisos shall not exceed forty
percent of the total requirement in that procurement.]
(3) Notwithstanding anything contained in sub-section (2), if the
Tender Accepting Authority decides that the price of the lowest tender
is higher with reference to the prevailing market rate or the schedule of
rates, 17[the said authority] may negotiate for a reduction of price with
that tenderer.
(4) If at any time before the acceptance of tender, the Tender
Accepting Authority receives information that a tenderer who has
submitted tender has been banned by any Procuring Entity, 17[the said
authority] shall not accept the tender of that tenderer even if it may be
the lowest tender.
16 Added by the TNTIT (Second Amendment) Act, 2018, (Tamil Nadu Act 17 of 2018), sec. 6
[TNGGE No.136 / 13-08-2018] (w.e.f. 26-06-2018) [TNGGE No.224/26-06-2018 (No. II(2) /
FIN / 549(d)/2018.- G.O.Ms. No.206, Finance (Salaries), 26th June 2018].
17 Substituted [for‘he’] in four places by TNTIT (Second Amendment) Act, 2012 (Tamil Nadu Act
31 of 2012) sec.3(i) [TNGGE No.320/15-11-2012] (w.e.f. 07-12-2012) [TNGGE No.342 /
7-12-2012 (No.II(2) / FIN / 815(g)/2012) - G.O.Ms.No.422, Finance (Salaries),
7th Dec.,2012].
TAMIL NADU TRANSPARENCY IN TENDERS ACT, 1998.
9
(5) In case where two or more tenderers quoted the same price,
the Tender Accepting Authority shall split the procurement among
such tenderers taking into consideration the experience and
credentials of such tenderers. Where such splitting is not possible or
could not be done equally, 17[the said authority] shall record reasons
for the same.
(6) If the Tender Accepting Authority proposes to accept the
tender as per the provisions of this section, 17[the said authority] shall
pass orders accepting the tender together with reasons for such
acceptance:
18[Provided that if the tenderer is unable to supply the entire
quantity required, the Tender Accepting Authority may follow the fixed
rate contract procedure as may be prescribed.]
(7) The Tender Accepting Authority shall intimate the
information regarding the name and address of the tenderer whose
tender has been accepted along with the reasons for rejection of other
tenders to the appropriate Tender Bulletin Officers.
11. Appeal.- (1) Any tenderer aggrieved by the order passed by
the Tender Accepting Authority under section 10 may appeal to the
Government within ten days from the date of receipt of order and the
Government shall dispose the appeal within fifteen days from the date
of receipt.
(2) In disposing of an appeal under sub-section (1), the
Government may, after giving the party an opportunity of making his
representations, pass such order thereon as they may deem fit.
(3) The order of the Government on such appeal shall be final.
(4) The Government may, pending the exercise of their powers
under this section pass such interlocutory orders as they may deem fit.
18 Inserted by the TNTIT (Second Amendment) Act, 2012 (Tamil Nadu Act 31 of 2012) sec. 3(ii)
[TNGGE No.320/15-11-2012] (w.e.f. 07-12-2012) [TNGGE No.342 / 7-12-2012 (No.II(2) /
FIN / 815(g)/2012) - G.O.Ms.No.422, Finance (Salaries), 7th December, 2012].
TAMIL NADU TRANSPARENCY IN TENDERS ACT, 1998.
10
12. Right to reject Tender.- (1) After negotiation with the
tenderer and before passing the order accepting a tender as under
sub-section (6) of Section 10, if the Tender Accepting Authority decides
that the price quoted by such tenderer is higher by the percentage as
may be prescribed over the schedule of rates or prevailing market
price, 19[the said authority] shall reject the tender.
(2) The Tender Accepting Authority before passing the order
accepting a tender, may also reject all the tenders for reasons such as
changes in the scope of procurement, new technologies or substantial
design changes, lack of anticipated financial resources, court orders,
accidents or calamities and other unforeseen circumstances.
13. Power to obtain information.- Notwithstanding 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 in tender
process, by order in writing, call for any information relating to
transparency from the Tender Inviting Authority or from the Tender
Accepting Authority on any matter in tender processing and the said
Authority shall furnish the same to the Government.
14. Power of Government to call for records.- The
Government may at any time, with a view to ensuring transparency in
tender process, require any authority,-
(a) to produce records relating to invitation and acceptance of
tenders;
(b) to furnish the tender document, estimate, statement,
accounts or statistics relating to such tenders; and
(c) to furnish any report.
15. Procedure to be followed in certain cases.- The
provisions of this Act to the extent they are not consistent with the
procedure prescribed in the Projects funded by International
Agreements or by International Financial Agencies shall not apply.
19 Substituted [for ‘he’] by the TNTIT (Second Amendment) Act, 2012 (Tamil Nadu Act 31 of
2012) sec. 4 [TNGGE No.320/15-11-2012] (w.e.f. 07-12-2012) [TNGGE No.342 / 7-12-2012
(No.II(2) / FIN / 815(g)/2012) - G.O.Ms.No.422, Finance (Salaries), 7th December, 2012].
TAMIL NADU TRANSPARENCY IN TENDERS ACT, 1998.
11
16. Provisions of this Act not to apply in certain cases.- The
provisions of sections 9 and 10 shall not apply to procurement,-
(a) during natural calamities and emergencies declared by the
Government;
(b) available from a single source only from a supplier or cases
in which a particular supplier or contractor has exclusive rights in
respect of the goods or services or construction and no reasonable
alternative or substitute exists or where the procuring entity having
procured goods, equipment, technology from a supplier or contractor
determines that additional supplies must be procured from that
specific supplier or contractor for reasons of standardization and
compatibility with the existing goods, equipment or technology:
Provided that a committee of three experts consisting one
technical representative of the procuring entity, one technical
representative of a State or Central Government Organisation dealing
with similar procurement and one representative from a reputed
Academic or Research Institution or Non-commercial Institution having
expertise in such line, declares it as single source procurement;
20[(bb) of a service, other than operations and maintenance,
project or facility management, supervision, supply of manpower,
outsourcing of tasks, leasing of machinery, equipment or vehicles and
insurance, in any particular instance of procurement declared by the
Government by notification, upon the recommendation of a committee
comprising the Secretary of the department concerned of the
Government, Secretary of Finance department or his representative,
the Chief Executive Officer or the head of the procuring entity, one
technical representative of the procuring entity and one representative
from a reputed Academic or Research Institution or Non-commercial
Institution having expertise in such line;]
20 Inserted by the TNTIT (Second Amendment) Act, 2018, (Tamil Nadu Act 17 of 2018), sec. 7(1)
[TNGGE No.136 / 13-04-2018], w.e.f. 26-06-2018. [TNGGE No.224 / 26-06-2018]
(No.II(2)FIN/549(d))/2018 - G.O.Ms. No.206, Finance (Salaries), 26th June 2018].
TAMIL NADU TRANSPARENCY IN TENDERS ACT, 1998.
12
21[(c) …]
(d) of low value and local purchases as may be prescribed;
22 [(dd) …]
21 Omitted by the TNTIT (Second Amendment) Act, 2018, (Tamil Nadu Act 17 of 2018), sec. 7(2), w.e.f.
26-06-2018. (TNGGE No. 136, dated 13.04.2018 & TNGGE No. 224, dated 26-06-2018) *[(c) from
departments of Government, Public Sector Undertakings, Statutory Boards and such other institutions as
may be notified by the Government only in respect of goods manufactured or services provided by them;
Provided that such procurement shall not exceed forty percent of the total requirement in that
procurement and shall be at a price not exceeding the price of the lowest tender in respect of the
remaining sixty percent.] [The clause ‘(c) from certain departments of Government, public sector
undertakings, statutory boards and such other institutions only in respect of goods manufactured or
services provided by them for a period not exceeding two years from the date of commencement of this
Act’ was amended further as detailed below: 1. The words ‘two years’ was substituted by the words ‘four
years’ by the TNTIT (Amendment) Act, 2002 (Tamil Nadu Act 43 of 2002) sec. 2 (w.e.f. 30.09.2002).
2. The words ‘four years’ was substituted by the words ‘six years’ by the TNTIT (Amendment) Act, 2004
(Tamil Nadu Act 33 of 2004) sec. 2 (w.e.f. 01.10.2004). 3. The words ‘six years’ was substituted by the
words ‘eleven years’ by the TNTIT (Amendment) Act, 2006 (Tamil Nadu Act 28 of 2006) sec. 2 (w.e.f.
01.10.2006) 4. The words ‘eleven years’ was substituted by the words ‘sixteen years’ by the TNTIT
(Amendment) Act, 2012 (Tamil Nadu Act 6 of 2012) sec. 2 (w.e.f. 01.10.2011].*[Substituted for ‘(c) from
certain departments of Government, public sector undertakings, statutory boards and such other
institutions only in respect of goods manufactured or services provided by them for a period not
exceeding sixteen years from the date of commencement of this Act’ by the TNTIT (Second Amendment)
Act, 2012 (Tamil Nadu Act 31 of 2012), sec. 5(i) [TNGGE No.320 / 15-11-2012]
(w.e.f. 07-12-2012) [TNGGE No.342 / 7-12-2012 (No.II(2) / FIN / 815(g)/2012) - G.O.Ms.No.422,
Finance (Salaries), 7th December, 2012].
22
Omitted by the TNTIT (Second Amendment) Act, 2018, (Tamil Nadu Act 17 of 2018), sec. 7(3), w.e.f.
26-06-2018. (TNGGE No. 136, dated 13.04.2018 & TNGGE No. 224 / 26-06-2018
(No.II(2)FIN/549(d))/2018 - G.O.Ms. No.206, Finance (Salaries), 26th June 2018].) *[(dd) from domestic
enterprises only in respect of goods manufactured or produced, services rendered by them]: Provided
that such procurement shall not exceed twenty five percent of the total requirement in that procurement
and shall be at a price not exceeding the price of the lowest tender in respect of the remaining seventy
five percent:Provided further that in case of a single procurement involving clauses (c) and (dd), such
procurement shall not exceed forty percent of the total requirement in that procurement.*[the clause-
‘(dd) from domestic small scale industrial unit for the reserved items identified by the Central
Government: Provided that where a procuring entity intends to procure any of such reserved items, the
procuring entity shall procure such item from the domestic small scale industrial units and the provisions
of sections 9 and 10 shall apply to such procurement’ -inserted by the TNTIT (Amendment) Act, 2001
(Tamil Nadu Act 14 of 2001) sec.3 [TNGGE No.667 / 24-09-2001] (w.e.f. 1-12-2001). [TNGGE
No.44 / 21-11-2001 (No.II(2) / FIN / 888(m-a) / 2001.- G.O.Ms. No.451, Finance (Salaries),
16th Nov. 2001]. - Substituted by the TNTIT (Second Amendment) Act, 2012 (Tamil Nadu Act 31 of 2012),
sec. 5(i) [TNGGE No.320 / 15-11-2012] (w.e.f. 07-12-2012) [TNGGE No.342 / 7-12-2012 (No.II(2) /
FIN / 815(g)/2012) - G.O.Ms.No.422, Finance (Salaries), 7th December, 2012] as detailed below,‘(dd)
from domestic small-scale industrial units in respect of goods manufactured by them: Provided that such
procurement shall not exceed twenty five percent of the total requirement in that procurement and shall
be at a price not exceeding the price of the lowest tender in respect of the remaining seventy five percent:
Provided further that in case of a single procurement, involving clauses (c) and (dd), such procurement
shall not exceed forty percent of the total requirement in that procurement.’ - further substituted,
excluding provisos thereto “(dd) from domestic enterprises only in respect of goods manufactured or
produced, services provided or rendered by them:”;, by the TNTIT (Amendment) Act, 2017 (Tamil Nadu
Act 45 of 2017), sec. 3(i) [TNGG No.261 / 07-08-2017] (w.e.f. 19.09.2017) [TNGG No.295 / 19-09-2017
(No. II(2)/FIN/783(d)/2017) - [G.O. Ms. No. 269, Finance (Salaries), 19th Sept. 2017].]
TAMIL NADU TRANSPARENCY IN TENDERS ACT, 1998.
13
23[(e) from the rate contracts of Association of State Road
Transport Undertakings;]
24[(f) by spot purchase of agricultural commodities, agricultural
produce and livestock from primary producers; by spot purchase of
cotton by Spinning Mills; by spot purchase of animals for the
Government programmes or schemes or for the Government
departments from shanties; of Sugarcane purchase from farmers by
the State Public Sector Undertakings or Co-operative Sugar Mills; of
paddy by Direct Purchase Centres of the Tamil Nadu Civil Supplies
Corporation; of clothing by the Government Departments or the State
Public Sector Undertakings from the Tamil Nadu Handloom Weavers’
Co-operative Society; and 25[from similar organizations] and of similar
goods and services, as may be notified by the Government;]
26[(g) of cement from the Tamil Nadu Cement Corporation
Limited, or of paper from the Tamil Nadu Newsprints and Papers
Limited:
23 Substituted for ‘(e) from the rate contracts of Director-General of Supplies and Disposals and
Association of State Road Transport Undertakings’ by the TNTIT (Second Amendment) Act,
2018, (Tamil Nadu Act 17 of 2018), sec. 7(4) [TNGGE No.136 / 13-04-2018], w.e.f.
26-06-2018. [TNGGE No.224 / 26-06-2018] (No.II(2)FIN/549(d))/2018 - G.O.Ms. No.206,
Finance (Salaries), 26th June 2018].
24 Substituted for ‘(f) by spot purchase of cotton by Spinning Mills, Oil Seeds and Oils by Tamil
Nadu Agro Industries Corporation or Tamil Nadu Oil Seeds Growers’ Federation Limited,
animals from shanties,Sugarcane by Sugar Mills, Paddy by direct purchase centres of Tamil
Nadu Civil Supplies Corporation, Clothing by Co-optex from registered Primary Weaver
Co-operatives, Milk by Tamil Nadu Co-operative Milk Producers’ Federation from Districts
and Primary Milk Co-operative Societies, Palm oil by Tamil Nadu Civil Supplies Corporation
from Tamil Nadu Oil Seeds Growers’ Federation for Noon Meal Scheme, Clothing by
Government Departments, Public Sector Undertakings and statutory departments from Co-
optex and similar organisations and materials as may be notified by Government’ by the
TNTIT (Second Amendment) Act, 2012 (Tamil Nadu Act 31 of 2012) sec. 5(iii) [TNGGE
No.320 / 15-11-2012], (w.e.f. 07-12-2012) [TNGGE No.342 / 7-12-2012 (No.II(2) / FIN /
815(g)/2012) - G.O.Ms.No.422, Finance (Salaries), 7th December, 2012].
25 Substituted for the expression “by similar organisations” by the TNTIT (Second Amendment)
Act, 2018, (Tamil Nadu Act 17 of 2018), sec. 7(5) [TNGGE No.136 / 13-04-2018], w.e.f.
26-06-2018. [TNGGE No.224 / 26-06-2018] (No.II(2)FIN/549(d))/2018 - G.O.Ms. No.206,
Finance (Salaries), 26th June 2018].
26 Added by the TNTIT (Amendment) Act, 2001 (Tamil Nadu Act 14 of 2001) sec. 3(b) [TNGGE
No.667 / 24-09-2001] (w.e.f. 1-12-2001). [TNGGE No.44 / 21-11-2001 (No.II(2) / FIN /
888(m-a) / 2001.- G.O.Ms. No.451, Finance (Salaries), 16th Nov. 2001].
TAMIL NADU TRANSPARENCY IN TENDERS ACT, 1998.
14
Provided that,-
(a) a committee consisting of the Secretary to Government,
Industries Department, the Secretary to Government, Finance
Department and the Chairman-cum-Managing Director or the
Managing Director, Tamil Nadu Cement Corporation Limited shall
determine the price of cement to be procured;
(b) the price of paper shall be negotiated with the Tamil Nadu
Newsprints and Papers Limited by the procuring entity.]
27[(h) by the Co-operative Federations from their Federating
units or Primary Co-operative Societies, of goods manufactured or
services provided by them.]
28[(i) of question papers, required for conducting examinations
subject to a certificate to be recorded by the procuring entity in the
following format, namely.-
“I am personally satisfied that material procured are of
requisite quality and specifications and have been
procured from a reliable supplier at a reasonable price.”
29[(j) of consultancy and financial services from the Tamil Nadu
Water Investment Company Limited or the Tamil Nadu Infrastructure
Fund Management Corporation Limited or the Tamil Nadu Urban
Infrastructure Financial Services Limited with the prior approval of the
Government:
Provided that a committee, consisting of the Secretary to
Government of the Department concerned, the Secretary to
Government, Finance Department and the Managing Director or the
Chief Executive Officer concerned, of Tamil Nadu Water Investment
Company Limited or the Tamil Nadu Infrastructure Fund Management
Corporation Limited or the Tamil Nadu Urban Infrastructure Financial
Services Limited, as the case may be, shall determine the fee for the
services to be procured;
27 Added by the TNTIT (Second Amendment) Act, 2012 (Tamil Nadu Act 31 of 2012) sec. 5(iv)
[TNGGE No.320 / 15-11-2012], (w.e.f. 07-12-2012) [TNGGE No.342 / 7-12-2012 (No.II(2) /
FIN / 815(g)/2012) - G.O.Ms.No.422, Finance (Salaries), 7th December, 2012]..
28 Added by the TNTIT (Amendment) Act, 2017 (Tamil Nadu Act 45 of 2017), sec. 3(ii) [TNGG
No.261 / 07-08-2017] (w.e.f. 19-09-2017) [TNGG No.295 / 19-09-2017
(No.II(2)/FIN/783(d)/2017) - [G.O. Ms. No. 269, Finance (Salaries), 19th September 2017].
29 Added by the TNTIT (Amendment) Act, 2018 (Tamil Nadu Act 11 of 2018), sec. 2 [TNGGE
No.46 / 31-01-2018], (w.e.f. 17-10-2017) It shall be deemed to have come into force on the
17th day of October 2017. Tamil Nadu Ordinance 6 of 2017. [TNGGE No.333 / 17-10-2017].
TAMIL NADU TRANSPARENCY IN TENDERS ACT, 1998.
15
(k) of coal from Coal India Limited or Singareni Collieries
Company Limited or any other similar Public Sector Undertakings;
(l) of services of chartering of vessels owned by the Shipping
Corporation of India;]
30[(m) from the Government e-Marketplace (GeM) - Special
Purpose Vehicle through rate contract, on-line bidding, on-line reverse
auction and any other mechanism provided by the said Government e-
Marketplace - Special Purpose Vehicle, as may be notified by the
Government.]
17. Officers deemed to be Public Servant.- Every Officer
acting under or in pursuance of the provisions of this Act or rule or
order or notification made thereunder, shall be deemed to be public
servant within the meaning of section 21 of the Indian Penal Code
(Central Act XLV of 1860).
18. Indemnity.- No suit or other legal proceeding shall lie
against the Government or any officer or authority of the Government
in respect of anything which is in good faith done or intended to be
done.
19. Bar of Jurisdiction.- Save as otherwise provided in this Act
no order passed or proceeding 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 pursuance of any power conferred
by or under this Act.
20. Act to override other laws.- The provisions of this Act
shall have effect notwithstanding anything inconsistent therewith
contained in any other law for the time being in force or any custom or
usage or agreement or decree or order of a Court or a Tribunal or other
Authority.
30 Added by the TNTIT (Second Amendment) Act, 2018, (Tamil Nadu Act 17 of 2018), sec. 7(6)
[TNGGE No.136 / 13-04-2018], (w.e.f. 26-06-2018.) [TNGGE No.224 / 26-06-2018]
(No.II(2)FIN/549(d))/2018 - G.O.Ms. No.206, Finance (Salaries), 26th June 2018].
TAMIL NADU TRANSPARENCY IN TENDERS ACT, 1998.
16
21. Power to remove difficulties.- If any difficulty arises in
giving effect to the provisions of this Act, the Government may, by an
order published in the Tamil Nadu Government Gazette, make such
provisions, not inconsistent with the provisions of this Act as appear to
them to be necessary or expedient for removing the difficulty:
31[…]
22. Power to make rules.- (1) The Government may make rules
for carrying out the purposes of this Act.
(2) (a) All rules made under this Act shall be published in the
Tamil Nadu Government Gazette and unless they are expressed to come
into force on a particular day, shall come into force on the date on
which they are so published.
(b) All notifications issued under this Act shall, unless they are
expressed to come into force on a particular day, come into force on the
day on which they are published.
(3) Every rule made or notification or order issued under this
Act shall, as soon as possible, after it is made or issued, be placed on
the table of the Legislative Assembly; and if, before the expiry of the
session in which it is so placed or the next session, the Assembly
makes any modification in any such rule or notification or order, or the
Assembly decides that the rule or notification or order should not be
made or issued, the rule or notification or order shall thereafter have
effect only in such modified form or to 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.
23. Savings.- All the existing rules, regulations, departmental
codes, manuals, orders shall so far as they are not inconsistent with
the provisions of this Act and the rules made thereunder, continue in
force.
-oOo-
31 Omitted - ‘Provided that no such order shall be made after expiry of a period of two years
from the date of commencement of this Act’ by the TNTIT (Amendment) Act, 2002 (Tamil
Nadu Act 43 of 2002) sec. 3 (sec.1(2) deemed to have come into force on the 30-09-2002)
[TNGGE No.757 / 18-11-2002].
TAMIL NADU TRANSPARENCY IN TENDERS ACT, 1998.
17
THE SCHEDULE.
[See section 2(e)].
PROCURING ENTITY.
1. Government Departments.
2. Public Sector Undertakings of the Government.
3. Statutory Boards formed by the Government.
4. Local Bodies in the State.
5. Co-operative Institutions in the State.
6. Universities.
7. Societies formed by the Government.
-oOo-
18
[Blank Page]
TAMIL NADU TRANSPARENCY IN
TENDERS RULES, 2000.
[Blank Page]
19
TAMIL NADU TRANSPARENCY IN TENDERS
RULES, 2000.
[Published in TNGGE No.700, Dated 1st October 2000 - Part-III – Section 1(a) of.
(No.SRO.A-81 (c) / 2000 - G.O.Ms.No.446 / 26th September, 2000)].
In exercise of the powers conferred by sub-section (1) of section 22 of the
Tamil Nadu Transparency in Tenders Act, 1998 (Tamil Nadu Act 43 of
1998), the Governor of Tamil Nadu hereby makes the following rules,
namely.-
CHAPTER-I.
PRELIMINARY.
1. Short title and commencement.- (a) These rules may be
called the Tamil Nadu Transparency in Tenders Rules, 2000.
(b) They shall come into force on the date 1st October, 2000.
1[(c) These rules shall apply to all types of procurement except
the procurement of Projects under the Public Private Partnerships.]
2. Definitions.- In these rules, unless there is anything
repugnant in the subject or context,-
(a) ‘Act’ means the Tamil Nadu Transparency in Tenders Act,
1998 (Tamil Nadu Act 43 of 1998);
(b) ‘Supply and Installation Contract’ means a contract under
which the tenderer is required to supply, erect, test and commission
the equipment at the place specified by the Procuring Entity;
(c) ‘Fixed Rate Contract’ means a contract where a set of rates
and terms and conditions are fixed for the supply of unit quantities of
goods or certain standardized services;
(d) ‘Pre-qualification’ means the process by which the
tenderers are first screened for their capability and resources to
implement the contract before they are permitted to offer their tenders;
1 Added by Amt. No.1(c). [TNGGE No.345 / 11-12-2012 (No.SRO.A-36(a)/2012) -
G.O.Ms.No.425 / 11th December, 2012].
TAMIL NADU TRANSPARENCY IN TENDERS RULES, 2000.
20
(e) ‘Two-cover System’ means a procedure under which the
tenderers are required to 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 2[financial] quotation which will be
opened only if the tenderer is found qualified to execute the tender;
(f) ‘Earnest Money Deposit (EMD)’ means the amount required
to be remitted by a tenderer along with his tender indicating his
willingness to implement the contract;
3[(g) ‘Lump-sum Contract’ means a contract under which a
tenderer is engaged to carry out a work or effect supply as specified
within a given period and for a fixed total price and the tenderer is paid
depending on the completion of work or supply to specification and
adherence to the time schedule:
Provided that where appropriate, unit rates or prices for each of
the various items comprising such work or supply may also be
specified to facilitate interim payments depending on the actual
quantities of work executed or supplies effected.
(h) ‘Multi-Stage Tender’ means a tender in which there are
atleast two stages including an initial stage of short-listing based on
the fulfillment of eligibility criteria based on experience and financial or
technical parameters or both and a final stage in which only the
qualified, short-listed tenderers are invited to submit their financial
bids;
(i) ‘Piece-Work Contract’ means a contract under which only
unit rates or prices for various kinds of work or materials are agreed
upon for a given period of time without reference to the total quantity
of work to be done or the material to be supplied and the time period
within which the work or supply is to be completed;
(j) ‘Turn-key Contract’ is a contract under which the tenderer
is required to undertake within the framework specified by the
Procuring Entity the entire responsibility for detailed investigation,
planning, design, construction and commissioning of the total project.]
-oOo-
2 Substituted by Amt.No.2(a) for [‘price’. [TNGGE No.345 / 11-12-2012 (No.SRO.A-36(a)/2012)
- G.O.Ms.No.425 / 11th December, 2012].
3 Substituted by Amt. No.2(b) for clause ‘(g)“piece-work contract” and “lump-sum contract”
shall have the same meaning as in the Tamil Nadu Public Department Code’ [TNGGE
No.345 / 11-12-2012 (No.SRO.A-36(a)/2012) - G.O.Ms.No.425 / 11th December, 2012].
TAMIL NADU TRANSPARENCY IN TENDERS RULES, 2000.
21
CHAPTER-II.
GENERAL.
3. Categories of Procurement.- (1) For the purposes of the
application of these rules, procurement is categorized as follows,
namely:-
(i) Construction; and
(ii) Supply of Goods and Services.
(2) While the provisions of these rules shall apply in general to
each of the categories of procurement in sub-rule (1), where a specific
provision has been made in the rules regarding any specific category,
that specific provision shall prevail as against any general provision in
so far as that category of procurement is concerned.
4. Methods of Tendering.- (1) Procurement of different
categories shall be effected by the following methods of tendering,
namely:-
(i) Piece-work Contract;
(ii) Lump-sum Contract;
(iii) Turn-key Contract;
(iv) Multi-stage contracting including
pre-qualification and two cover system; and
(v) Fixed Rate Contract.
(2) The Tender Inviting Authority shall decide the method of
tendering to be followed in each case having regard to the category, size
and complexity of the procurement.
(3) While the provisions of these rules shall apply to each of the
methods of procurement indicated in sub-rule (1) generally where a
specific provision has been made in these rules regarding a particular
method of tendering, such specific provision shall prevail as against
any general provision in so far as that particular method of tendering is
concerned.
-oOo-
TAMIL NADU TRANSPARENCY IN TENDERS RULES, 2000.
22
CHAPTER-III.
PUBLICITY.
5. Publication of Tender Bulletin.- (1) The District Tender
Bulletin shall be published 4[by electronic mode] by the District Tender
Bulletin Officer at least once in every week.
(2) The State Tender Bulletin shall be published 5[by electronic
mode] by the State Tender Bulletin Officer at least once in every week.
(3) The Tender Bulletin Officer shall cause to be published all
Notices Inviting Tenders and intimations of acceptance of tenders
received upto twenty four hours prior to the actual publication of the
bulletin.
(4) In case a 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 District Collector in the
case of the District Tender Bulletin can for reasons to be recorded in
writing, direct the respective Tender Bulletin Officers to publish an
extraordinary issue of the Tender Bulletin.
6. Distribution of Tender Bulletins.- 6[(1) The Tender Bulletin
Officer shall deliver the Tender Bulletin to the registered subscribers by
e-mail and publish tender bulletins in the dedicated website
administered by the State Tender Bulletin Officer for viewing or
downloading by tenderers or any person subscribing to Tender
Bulletins.]
7[(2) …]
4 Inserted by Amt. No.1(i) [TNGGE No.225, dated 26-06-2018 (No.SRO A-35(b)/2018) –
G.O.Ms.No.207 / 26-06-2018].
5 Inserted by Amt. No.1(ii), [TNGGE No.225, dated 26-06-2018 (No.SRO A-35(b)/2018) –
G.O.Ms.No.207 / 26-06-2018].
6 Substituted by Amt. No.2(i) for “(1) The Tender Bulletin Officer shall make the Tender Bulletin
available at any office of a Government Department, local authority, statutory board, public
sector undertaking, local body, university or co-operative institution” [TNGGE No.225,
dated 26-06-2018 (No.SRO A-35(b)/2018) – G.O.Ms.No.207 / 26-06-2018].
7 Omitted by Amt. No.2(ii) “(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.”
[TNGGE No.225, dated 26-06-2018 (No.SRO A-35(b)/2018)–G.O.Ms.No.207 / 26-06-2018].
TAMIL NADU TRANSPARENCY IN TENDERS RULES, 2000.
23
(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.
7. Tender Bulletin to contain information only.- (1) The
tender bulletin shall contain only information of the Notice Inviting
Tenders and the orders accepting a tender and does not in itself create
a legal right or liability.
(2) A Notice Inviting Tender will not be invalidated merely on the
grounds that the notice although published in newspapers has not
been published in one or the other of the District Tender Bulletins or
State Tender Bulletins or when published in the State Tender Bulletin
could not be published in a District Tender Bulletin or vice versa.
8. Information to be published in the District Tender
Bulletin.- Subject to the provisions of rule 10, Notices Inviting Tenders
and decisions on tenders in all cases where the value of the
procurement exceeds rupees 8[ten lakhs and is] below rupees twenty
five lakhs shall be published in the District Tender Bulletin of the
district where the headquarters of the Tender Inviting Authority is
located and in the district where the work is to be executed or the
goods and services supplied.
9. 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 value of procurement exceeds rupees twenty five lakhs;
(b) The Tender Inviting Authority is a Secretary to Government,
or a head of a Government department, or Local Authority or the Chief
Executive of a Public Sector Undertaking, Statutory Board, Apex
Cooperative Institution, University or State Level Society formed by the
Government.
(c) In any other case, where the Tender Inviting Authority deems
it fit.
8 Substituted by Amt. No.3 for the expression ‘five lakhs or’ [TNGGE No.345 / 11-12-2012
(No.SRO.A-36(a)/2012) - G.O.Ms.No.425 / 11-12-2012].
TAMIL NADU TRANSPARENCY IN TENDERS RULES, 2000.
24
10. 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 upto which and places from where the tender
documents can be obtained;
(d) The amount of Earnest Money Deposit (EMD) 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 the Tender Inviting Authority
considers relevant.
11. 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 9[seventy five crores].
10[(2) The Tender Inviting Authority shall have the Notice
Inviting Tenders published in daily newspapers. The number, editions
and language of the newspapers in which the Notice Inviting Tenders
shall be published will be based on the value of procurement as
specified in the Annexure.]
(3) In cases where publication of Tender Inviting Notice is to be
done only in Newspapers with circulation within the District, the
Information and Public Relations Officer attached to the District
Collectorate shall be the competent authority to release the
advertisement and in all other cases the competent authority to release
the advertisement shall be the Director of Information and Public
Relations, Chennai.
9 Substituted by Amt No.3(i) for the words ‘fifty crores’ [TNGGE No.225, dated 26-06-2018
(No.SRO A-35(b)/2018) – G.O.Ms.No.207 / 26-06-2018].[Earlier for the words ‘[ten crores]’
were substituted by ‘[fifty crores]’ by Amt. No.1 [TNGGE No.212 / 18-08-2009
(No.SRO A-22(a)/2009) - G.O.Ms.No.392 /18th August, 2009].
10 Substituted by Amt No.3(ii) for sub-rule ‘(2) The number, editions and language of the
newspapers in which the Notice Inviting Tenders shall be published will be based on the value
of procurement’ [TNGGE No.225, dated 26-06-2018 (No. SRO A-35(b)/2018) –
G.O.Ms.No.207 / 26-06-2018].
TAMIL NADU TRANSPARENCY IN TENDERS RULES, 2000.
25
(4) The Notice Inviting Tender shall be given due publicity in
Newspapers and also on notice boards in the District Offices. For
tenders above rupees fifty lakhs, Director of Information and Public
Relations will publish the Notice Inviting Tenders as per instructions of
the 11[Procuring Entity]. For other tenders, Director of Information and
Public Relations will publish keeping in mind the request of the
department. There should not be any additional insertion and no
publication of Notice Inviting Tenders in newspapers not requested by
the 11[Procuring Entity] for tenders above rupees fifty lakhs.
12. Sending Notice Inviting Tenders to all possible
tenderers.- The Tender Inviting Authority may if he considers
necessary, send the Notice Inviting Tenders to all possible tenderers
including registered contractor, past supplier, any potential supplier
and any other well known company or firm directly.
-oOo-
11 Substituted by Amt. No.4 for the expression ‘tendering department’ [TNGGE No.345 /
11-12-2012 (No.SRO.A-36(a)/2012) - G.O.Ms.No.425 / 11th December, 2012].
TAMIL NADU TRANSPARENCY IN TENDERS RULES, 2000.
26
CHAPTER IV.
NOTICE INVITING TENDERS AND TENDER DOCUMENTS.
13. 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 safeguards, 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:
12[Provided that such specifications should as far as practicable
specify the output or service levels to be delivered.]
(b) wherever possible the appropriate Indian Standards 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 of rates and standard data as revised from time to time:
Provided that for large and prestigious projects, the Government
shall permit any Procuring Entity to engage a qualified private architect
or consultant to prepare the design and estimates; and
(d) in case alternative designs or materials are permitted, the
conditions for their acceptability and the method of their evaluation
shall be clearly stated.
13[13-A. General Condition.- The tender document shall
include a condition that all the contractors and sub-contractors hired
by main contractors shall engage construction workers registered with
the Construction Workers Welfare Board as required under the
Building and Other Construction Workers (Regulation of Employment
and Conditions of Service) Act, 1996 (Central Act 27 of 1996).]
12 Added by Amt. No.(4) [TNGGE No.345, dated 11-12-2012 (No.SRO.A-36(a)/2012) -
G.O.Ms.No.425 / 11th December, 2012].
13 Inserted by Amt. No.1 [TNGGE No. 332, dated 17-10-2017 (No.SRO A-46(d)/2017) -
G.O.Ms.No.309 / 17-10-2017].
TAMIL NADU TRANSPARENCY IN TENDERS RULES, 2000.
27
14. Commercial Conditions.- 14[(1) The tender documents
shall require all tenderers without exception to pay an Earnest Money
Deposit (EMD) ordinarily not exceeding one per cent of the value of the
procurement by means of [electronic mode of payment or] in the form
of a demand draft, bankers cheque, specified small savings
instruments or where the procuring entity deems fit, irrevocable bank
guarantee in a prescribed form. The tender documents shall clearly
state that any tender submitted without the Earnest Money Deposit
(EMD) in the approved form be summarily rejected:]
Provided that any category of tenderers specifically exempted by
the Government from the payment of Earnest Money Deposit (EMD)
will not be required to make such a deposit.
(2) The tender documents shall specify the period for which the
tenderer should hold the 15[financial bids] offered in the tender valid:
16[Provided that the initial period of validity shall ordinarily be
ninety days.]
(3) The tender documents shall require that as a guarantee of
the tenderer’s performance of the contract, a security deposit be taken
from the successful tenderer subject to the conditions that.-
(a) the amount of the deposit not exceeding five per cent of the
value of the orders placed: and
17[(b) The deposit being in the form of electronic mode of
payment or in the form of demand draft or banker’s cheque or specified
small savings instruments or where the procuring entity deems fit,
irrevocable bank guarantee in an approved form.]
14 Substituted excluding the proviso thereto by Amt No.1(i) for insertion of “electronic mode of
payment or” [TNGGE No. 296, dated 19-09-2017- G.O.Ms.No.271 / 19th September 2017].
15 Substituted by Amt. No.6(a)(i) for the expression “prices” [TNGGE No.345 / 11-12-2012
(No.SRO.A-36(a)/2012) - G.O.Ms.No.425 / 11th December, 2012].
16 Substituted by Amt. No.6(a)(ii) for the proviso ‘Provided that the initial period of validity shall
not be less than ninety days,’ [TNGGE No.345 / 11-12-2012 (No.SRO.A-36(a)/2012) -
G.O.Ms.No.425 / 11th December, 2012].
17 Substituted by Amt No.1(ii) for insertion of “electronic mode of payment or in the form of”
TNGGE No. 296, dated 19-09-2017- G.O.Ms.No.271 / 19th September 2017].
TAMIL NADU TRANSPARENCY IN TENDERS RULES, 2000.
28
(4) The tender documents shall clearly indicate the payment
terms conforming to the following requirements.-
18[(a) Payment shall ordinarily be effected only on completion of
delivery against the orders placed:
Provided that payment of advance may be made in the following
cases for sufficient reasons to be recorded by the Procuring Entity:-
(i) in cases where goods, commodities and services are procured
through imports requiring opening of Letter of Credit;
(ii) in cases where there is single source of supply only and
where the practice of paying advance is already in vogue as a standard
practice;
(iii) in cases of purchase during natural calamities and
emergencies declared by the Government under clause (a) of section 16
of the Act;
(iv) in cases of purchase of life saving drugs; and
(v) in cases where the standard commercial terms of supply
require payment of advance by the Procuring Entity, such as the
machinery and equipment manufacturers for sugar and cement
plants.]
(b) Mobilization advances may be paid in the case of
construction or supply and installation contracts of a large and
complex nature, for a value exceeding rupees one crore:
Provided that such mobilization advances shall not ordinarily
exceed ten per cent of the value of the contract, shall be secured
against irrevocable bank guarantee and shall be recovered in the
subsequent bills payable along with interest as per specific terms set in
the tender documents
Provided further that in case of mobilisation advances for plant
machinery and equipment, they are also hypothecated to the Governor
of Tamil Nadu in addition to other requirements;
(c) Percentage of payment to be withheld for the effective
performance of the contract:
18 Substituted by Amendment for the clause ‘Payment shall ordinarily be effected only on
completion of delivery against the orders placed, subject to the exceptions specified in the
tender documents,’ [TNGG No.14 / 14-04-2004 (No.SRO A-12/2004) - G.O.Ms.No.107 /
23rd March, 2004].
TAMIL NADU TRANSPARENCY IN TENDERS RULES, 2000.
29
Provided that withheld amounts do not exceed ten per cent of
the total value of contract;
(d) Payment terms for imports shall be based on standard terms
of international trade and the payment may be effected through
irrevocable Letters of Credit drawn on banks;
(5) The tender documents shall clearly indicate whether any
variations in the commercial terms prescribed in the documents will be
permitted and if so to what extent such variations would be considered.
(6) 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 or whole of the contract.
(7) The tender documents shall clearly indicate the terms on
which the tenderers will be required to quote their 19[financial bid]
which should be inclusive of all costs of delivery at the final destination
such as transportation, payment of duties and taxes leviable,
insurance and any incidental services and giving the break up thereof.
20 & 21[(7-A) The tender documents shall include then details of
purchase preference as provided in the Chapter VI-A.]
(8) The tender documents shall include a price adjustment
clause to reflect any changes either upward or downward in major cost
components such as labour, equipment, material and fuel, based on a
prescribed formula in the case of large contracts where the period of
execution is likely to exceed eighteen months.
(9) 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.
19 Substituted by Amt No.6(b)(i) for the expression ‘prices,’ [TNGGE No.345 / 11-12-2012
(No.SRO.A-36(a)/2012) - G.O.Ms.No.425 / 11th December, 2012].
20 Inserted by Amt. No.1, ‘(7-A) The tender documents shall clearly indicate the criteria for
evaluation and comparison of tenders and shall also provide for a price preference of fifteen
percent for domestic small scale industrial units and ten percent for the Public Sector
Undertakings of the Government in respect of products and quantities manufactured by them’
[TNGG No.44 / 21-11-2001 (No.SRO A-72(m-a)/2001) - G.O.Ms.No.452 / 16th November,
2001]. (w.e.f. 1-12-2001) and then Omitted by Amt. No.6(b)(ii), [TNGGE No.345 /
11-12-2012 (No.SRO.A-36(a)/2012) - G.O.Ms.No.425 / 11th December, 2012].
21 Inserted by Amt No.4 [TNGGE No.225, dated 26-06-2018 (No. SRO A-35(b)/2018) –
G.O.Ms.No.207 / 26-06-2018].
TAMIL NADU TRANSPARENCY IN TENDERS RULES, 2000.
30
15. Tender documents to clearly specify evaluation
criteria.- (1) The tender documents shall clearly indicate the criteria
22[including financial bid] which are to be adopted for evaluating the
tenders and how such criteria will be quantified or evaluated; and
23[(2) The qualification criteria in terms of the registration of
contractors in the cases where the Procuring Entity has a system of
registration of contractors, the required experience, available
manufacturing and construction capacity, technical and other
manpower and financial status shall be clearly stated in the tender
documents.]
16. Supply of Tender Documents.- (1) The Tender Inviting
Authority shall make available the tender documents 24[from the date
of publication of the Notice Inviting Tenders].
25[(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 such documents.]
26[(3) (a) The tender documents shall be made available at:-
(i) the office of the Tender Inviting Authority;
(ii) any other office or place indicated by the Procuring
Entity.
22 Substituted by Amt. No.7 for the expression ‘in addition to price,’ [TNGGE No.345 /
11-12-2012 (No.SRO.A-36(a)/2012) - G.O.Ms.No.425 / 11th December, 2012].
23 Substituted by Amt. No.1 for the clause ‘The qualification criteria in terms of required
experience, available manufacturing and construction capacity, technical and other
manpower and financial status shall be clearly stated in the tender documents,’ [TNGGE
No.127 / 22-05-2007 (No.SRO A-19(c))/2007) - G.O.Ms.No.177 / 22nd May, 2007].
24 Substituted by Amt. No.8 for the expression ‘from the date of publication of the tender,’
[TNGGE No.345 / 11-12-2012 (No.SRO.A-36(a)/2012) - G.O.Ms.No.425 /
11th December, 2012].
25 Substituted by Amt. No.2(a) for the sub-rule ‘(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 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,’ [TNGGE No.127 / 22-05-2007 (No.SRO A-19(c))/2007)
- G.O.Ms.No.177 / 22nd May, 2007].
26 Substituted by Amt. No.2(b) for the sub-rule ‘(3) The tender documents shall be made
available at the following offices, namely:- (i) the office of the Tender Inviting Authority; (ii)
any other office or place indicated by the procuring entity,’ [TNGGE No.127 / 22-05-2007
(No.SRO A-19(c))/2007) - G.O.Ms.No.177 / 22nd May, 2007].
TAMIL NADU TRANSPARENCY IN TENDERS RULES, 2000.
31
(b) In respect of procurement where the estimated value of
procurement is [Rupees Twenty Five Lakhs and above in value for
construction and Rupees Ten Lakhs and above in value for other
categories of procurement inclusive of consultancies for construction],
the tender document shall be made available for downloading free of
cost at the website designated for this purpose by the Government.
Tender documents may also be made available free of cost at such
other websites as may be indicated by the Tender Inviting Authority.]
(4) The Tender Inviting Authority shall send by 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.
17. Clarification to Tender Documents.- 27[(1) 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 and upload corrigendum for the information of those
who have downloaded the tender documents from the website.]
28[(2) In case any tenderer asks for a clarification on the tender
documents before 48 hours of the opening of the tender, the Tender
Inviting Authority shall ensure that a reply is sent and copies of the
reply to the clarification sought shall be communicated to all those who
have purchased the tender documents without identifying the source of
the query and upload such clarification to the designated website for
the information of those who have downloaded the tender documents
from the website, without identifying the source of the query.]
-oOo-
27 Substituted by Amt. No.1(a) for sub-rule ‘(1) 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,’ [TNGGE
No.272A / 30-09-2007 (No.SRO A-44(a-1)/2007) - G.O.Ms.No.471 / 30th Sept., 2007].
28 Substituted by Amt. No.1(b) for sub-rule ‘(2) In case any one tenderer asks for a clarification
to the tender documents before 48 hours of the opening of the tender, the Tender Inviting
Authority shall ensure that a reply is sent and copies of the reply to the clarification sought
shall be communicated to all those who have purchased the tender documents without
identifying the source of the query.’ [TNGGE No.272A / 30-09-2007 (No.SRO A-44(a-1)/2007) -
G.O.Ms.No.471 / 30th Sept., 2007].
TAMIL NADU TRANSPARENCY IN TENDERS RULES, 2000.
32
CHAPTER-V.
RECEIPT OF TENDERS AND TENDER OPENING.
18. Place and time for receipt of tenders.- 29[(1) The Tender
Inviting Authority shall ensure that adequate arrangements are made
for the proper receipt and safe custody of the tenders at the place
indicated for the receipt of tenders. Such of the tenders that are
received through electronic mail shall be kept electronically locked.]
(2) The Tender Inviting Authority shall take all measures to
ensure that no intending tenderer is hindered in submitting his tender.
30[(3) The Tender Inviting Authority shall permit the submission
of tenders by post or courier or by electronic submission through the
designated website, wherever applicable:
Provided that the Tender Inviting Authority shall not be
responsible for any delay in transit in such cases.]
(4) The Tender Inviting Authority shall not accept any tenders
submitted by facsimile (fax) 31[...].
(5) The Tender Inviting Authority may extend the last date and
time for receiving tenders 32[which shall be published on the
designated website also] after giving adequate notice to all intending
tenderers 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 tenderers under sub-rule (1) of rule 17 took time;
(c) any of the tenderers requested clarifications, the
communication of which took time to all the tenderers; and
29 Substituted by Amt No.2 (a) for the sub-rule ‘(1) The Tender Inviting Authority shall ensure
that adequate arrangements are made for the proper receipt and safe custody of the tenders
at the place indicated for the receipt of tenders.’ [TNGGE No.272A / 30-09-2007 (No.SRO
A-44(a-1)/2007) - G.O.Ms.No.471 / 30th Sept., 2007].
30 Substituted by Amt. No.2(b) for sub-rule ‘(3)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,’ [TNGGE No.272A / 30-09-2007
(No.SRO A-44(a-1)/2007) - G.O.Ms.No.471 / 30th September, 2007].
31 Omitted by Amt. No.2(c) the expression ‘of by electronic mail’. [TNGGE No.272A / 30-09-
2007 (No.SRO A-44(a-1)/2007) - G.O.Ms.No.471 / 30th Sept., 2007].
32 Inserted by Amt. No.2(d) after the expression ‘receiving tenders’ [TNGGE No.272A / 30-09-
2007 (No.SRO A-44(a-1)/2007) - G.O.Ms.No.471 / 30th September., 2007].
TAMIL NADU TRANSPARENCY IN TENDERS RULES, 2000.
33
(d) any other reasonable grounds exist, for such extension
which shall be recorded in writing by the Tender Inviting Authority.
33[(e) in the case of tenders not submitted electronically, the
tenderer shall ensure that all the pages are serially numbered and the
submitted tender documents are properly stitched and bound.]
19. 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
covers that are not properly superscripted and sealed as required in
the tender documents before the time appointed for tender opening.
20. Minimum time for submission of tenders.- (1) The Tender
Inviting Authority shall ensure that adequate time is provided for the
submission of tenders and a minimum time is allowed between date of
publication of the Notice Inviting Tenders in the relevant Tender
Bulletin or in the newspapers whichever is later and the last date for
submission of tenders. This minimum period shall be as follows.-
(a) for tenders upto rupees two crores in value, fifteen
days; and
(b) for tenders in excess of rupees two crores in value,
thirty days.
(2) Any reduction in the time stipulated as per sub-rule (1) has
to be specifically authorized by an authority superior to the Tender
Inviting Authority for reasons to be recorded in writing.
34[20-A. Withdrawal of Tenders Before Opening:- (1) No
tenderer shall be allowed to withdraw the tenders after submitting the
tender.
(2) A Tenderer may submit a modified tender before the last
date for receipt of tender:
Provided that where more than one tender is submitted by the
same tenderer, the lowest eligible financial tender shall be considered
for evaluation.]
33 Added by Amt. No.(9) [TNGGE No.345 / 11-12-2012 (No.SRO.A-36(a)/2012) -
G.O.Ms.No.425 / 11th December, 2012].
34 Added by Amt. No.(10) [TNGGE No.345 / 11-12-2012 (No.SRO.A-36(a)/2012) -
G.O.Ms.No.425 / 11th December, 2012].
TAMIL NADU TRANSPARENCY IN TENDERS RULES, 2000.
34
21. Opening of Tenders.- (1) All the tenders received by the
35[Tender Inviting Authority] shall be 36[opened at the time and venue]
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 (5) of rule 18 at the time so specified subsequently. 37[The
e-submitted tenders may be permitted to be opened by a Tender
Inviting Authority or a member of the Tender Scrutiny Committee from
their new location if they are transferred after the issue of Notice
Inviting Tender and before tender opening and where the new
incumbent is yet to obtain his digital signature certified.]
(2) The time specified for the opening of tenders shall be
immediately after the closing time specified for the receipt of tenders
allowing a reasonable period, not exceeding one hour, for the
transportation of the tenders received to the place they are to be
opened in the presence of the tenderers who choose to be present.
(3) The tenders will be opened in the presence of the tenderers
or one representative of the tenderer who chooses to be present.
22. Procedure to be followed at tender opening.- The
following procedure shall be followed at the tender opening.-
38[(a) All the envelopes containing tenders and the tenders
received through the electronic mail in the designated website shall be
counted.]
(b) All the tenders received in time shall be opened.
35
Substituted by Amt. No.(11)(a) for the expression ‘Tender Accepting Authority,’ [TNGGE
No.345 / 11-12-2012 (No.SRO.A-36(a)/2012) - G.O.Ms.No.425 / 11th December, 2012].
36
Substituted by Amt. No.(11)(b) for the expression ‘opened at the time,’ [TNGGE No.345 /
11-12-2012 (No.SRO.A-36(a)/2012) - G.O.Ms.No.425 / 11th December, 2012].
37
Added by Amt No.3, [TNGGE No.272A / 30-09-2007 (No.SRO A-44(a-1)/2007) -
G.O.Ms.No.471 / 30th September, 2007].
38
Substituted for the clause ‘(a) All the envelope containing tenders shall be counted,’ by Am.t
No.4(a), [TNGGE No.272A / 30-09-2007 (No.SRO A-44(a-1)/2007) - G.O.Ms.No.471 /
30th Sept., 2007].
TAMIL NADU TRANSPARENCY IN TENDERS RULES, 2000.
35
39[(c) Any tender received subsequently shall not be opened and
shall be returned unopened to the tenderer and in the case of tenders
submitted through electronic mail in the designated website, a report
on the late submission of tenders shall be generated and the same
shall be sent to the tenderers concerned.];
(d) On opening of the tender, the members of the Tender
Scrutiny Committee shall initial the main bid including the prices and
any corrections;
(e) A record of the corrections noticed at the time of the bid
opening shall be maintained;
(f) The name of the tenderers and the quoted prices should be
read out aloud.
(g) the fact whether earnest money deposit has been submitted
and other documents required produced may be indicated, but this
shall be merely an examination of the documents and not an
evaluation;
(h) Minutes of the tender opening shall be recorded.40[…]
41[(i) The signatures of all the tenderers present shall be
obtained and if any of the tenderers or his representative refuses to
sign the minutes, the same shall be recorded.]
23. Changes and alterations not to be permitted after
tender opening.- No changes, amendments which materially alter the
tendered prices shall be permitted after the opening of the tender,
except as per the procedure prescribed in sub-section (3) of section 10
of the Act.
39 Substituted by Amt. No.4(b) for clause ‘(c) Any tender received subsequently shall not be
opened and shall be returned unopened to the tenderer,’ [TNGGE No.272A / 30-09-2007
(No.SRO A-44(a-1)/2007) - G.O.Ms.No.471 / 30th Sept., 2007].
40 Omitted by Amt. No.(12)(a) the expression ‘The signatures of the tenderers present shall be
obtained unless any of the tenderers or his representative refuses to sign the minutes,’
[TNGGE No.345 / 11-12-2012 (No.SRO.A-36(a)/2012) - G.O.Ms.No.425 /
11th December, 2012].
41 Added by Amt. No.(12)(b), [TNGGE No.345 / 11-12-2012 (No.SRO.A-36(a)/2012) -
G.O.Ms.No.425 / 11th December, 2012].
TAMIL NADU TRANSPARENCY IN TENDERS RULES, 2000.
36
24. Tender Scrutiny Committee.- (1) A Tender Scrutiny
Committee may be constituted to scrutinize the tender documents,
supervise opening of tenders, to carry out the preliminary examination
and detailed evaluation of the tenders received and to prepare an
evaluation report for the consideration of the Tender Accepting
Authority.
(2) The constitution of a Tender Scrutiny Committee will be
obligatory in all cases where the value of the procurement exceeds limit
as may be specified.
-oOo-
TAMIL NADU TRANSPARENCY IN TENDERS RULES, 2000.
37
CHAPTER-VI.
TENDER EVALUATION.
25. 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 the evaluation
criteria indicated in the tender documents.
26. Time taken for evaluation and extension of tender
validity.- (1) The evaluation of tenders and award of contract shall be
completed, as far as may be practicable, within the period for which
the tenders are held valid.
(2) The Tender Accepting Authority 42[may] seek extension of the
validity of tenders for the completion of evaluation:
43[Provided that sum total of all extensions shall ordinarily not
exceed 180 (one hundred and eighty) days.]
(3) In case the evaluation of tenders and award of contract is
not completed within extended validity period, all the tenders shall be
deemed to have become invalid and fresh tenders may be called for.
27. Process of tender evaluation to be confidential until the
award of the contract is notified.- (1) Subject to the provision of
44[sections 13 and 14 of the Act], the Tender Inviting Authority shall
ensure the confidentiality of the process of tender evaluation until
orders on the tenders are passed.
(2) The Tender Accepting Authority shall cause the information
on orders passed on the tenders published in the Tender Bulletin.
42 Substituted by Amt. No.(13)(a) for the expression ‘shall’ [TNGGE No.345 / 11-12-2012
(No.SRO.A-36(a)/2012) - G.O.Ms.No.425 / 11th December, 2012].
43 Added by Amt. No.13(b) [TNGGE No.345 / 11-12-2012 (No.SRO.A-36(a)/2012) -
G.O.Ms.No.425 / 11th December, 2012].
44 Substituted by Amt. No.14 for the expression ‘sections 12 and 13 of the Act,’ [TNGGE No.345
/ 11-12-2012 (No.SRO.A-36(a)/2012) - G.O.Ms.No.425 / 11th December, 2012].
TAMIL NADU TRANSPARENCY IN TENDERS RULES, 2000.
38
(3) Tenderers shall not make attempts to establish unsolicited
and unauthorised 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 any attempt
by any tenderer to bring to bear extraneous pressures on the Tender
Accepting Authority shall be sufficient reason to disqualify the
tenderer.
(4) Notwithstanding anything contained in sub-rule (3), the
Tender Inviting Authority or the Tender Accepting Authority may seek
bonafide clarifications from tenderers relating to the tenders submitted
by them during the evaluation of tenders.
28. Initial examination to determine substantial
responsiveness.- (1) The Tender Inviting Authority shall cause an
initial examination of the tenders submitted to be carried out in order
to determine their substantial responsiveness.
(2) The initial examination shall consider the following factors,
namely:-
(a) Whether the tenderer meets the eligibility criteria laid down
in the tender documents;
45[(b)(i) Whether the crucial documents have been duly signed;
(ii) Whether the documents have been authenticated by
digital signature, in the case of tenders submitted through electronic
mail in the designated website.]
(c) Whether the requisite Earnest Money Deposit (EMD) has
been furnished;
(d) Whether the tender is substantially responsive to the
technical specifications, commercial conditions 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.
45 Substituted by Amt. No.5 for clause ‘(b) whether the crucial documents have been duly
signed,’ [TNGGE No.272A / 30-09-2007 (No.SRO A-44(a-1)/2007) - G.O.Ms.No.471 /
30th Sept., 2007].
TAMIL NADU TRANSPARENCY IN TENDERS RULES, 2000.
39
29. Determination of the lowest evaluated price.- (1) Out of
the tenders found to be substantially responsive after the initial
examination, the tenderers who has bid the lowest evaluated price in
accordance with the evaluation criteria or the tenderers 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 cases of discrepancy between the prices quoted in words
and in figures, lower of the two shall be considered;
(c) adjustments to the price quoted shall be made for deviations
in the commercial conditions such as the delivery schedules and minor
variations in the payment terms which are quantifiable but deemed to
be non-material in the context of the particular tender;
46[(d) the evaluation shall include 47[State Goods and Services
Tax, Central Goods and Services Tax, Integrated Goods and Services
Tax, and all central duties such as customs duty] as a part of the
price, as detailed below: -
(i) in evaluation of the price of an imported item, the price has
to be determined inclusive of the customs duty;
(ii) in evaluation of the price of articles which are subject to
48[State Goods and Services Tax, Central Goods and Services Tax,
Integrated Goods and Services Tax], the price has to be determined
inclusive of such 48[State Goods and Services Tax, Central Goods and
Services Tax, Integrated Goods and Services Tax];
46Substituted by Amt. No.1 for the clause ‘(d) the evaluation shall include all central duties such
as customs duty and central excise duty as a part of the price, but shall exclude sales tax if the
bidders are from other States and Tamil Nadu,’ [TNGGE No.281 / 09-10-2003 (No.SRO A-
42(e)/2003) - G.O.Ms.No.412 / 09th October, 2003].
47 Substituted by Amt. No.(i) for the expression ‘all central duties such as customs duty and
central excise duty and sales tax’’ [TNGGE No.228, dated 13-07-2017 (No.SRO
A-33(b)/2017) - G.O.Ms.No.215 /13th July 2017].
48 Substituted by Amt. No.(ii) for the expression ‘central excise’ occurring in two places
[TNGGE No.228, dated 13-07-2017 (No.SRO A-33(b)/2017) - G.O.Ms.No.215 /
13th July 2017].
TAMIL NADU TRANSPARENCY IN TENDERS RULES, 2000.
40
49[(iii) and (iv) …]
(e) in the case of purchase of equipment, the operation and
maintenance and spare part costs for appropriate periods as may be
specified in bid documents may be quantified, where practicable and
considered.
50(f) 51[...]
(3) In order to secure the best possible procurement price,
negotiations with tenderer determined as per 52[sub-rules (1) and (2) of
this rule] are permissible subject to provisions in section 10 of the Act.
53[(4) In the event that two or more tenderers have made the
same financial bid and the splitting of the tender is not possible in
accordance with sub-section (5) of section 10 of the Act, the Tender
Accepting Authority shall identify the lowest tenderer by adopting one
of the following approaches, which shall be pre-specified in the Tender
Documents:
(a) In case of multi-stage tenders, by taking into account the
qualification score of each tenderer from the first stage and the
tenderer with higher score shall be adjudged the Lowest Tenderer; or
49 Omitted by Amt. No.(iii) and (iv) for sub-caluses (iii) in a tender where all the tenderers are
from within the State of Tamil Nadu, or where all the tenderers are from outside the State of
Tamil Nadu, the ^[Value Added Tax] shall be included for the evaluation of the price; and
(iv) In a tender where the tenderers are both from the State of Tamil Nadu as well as from
outside the State of Tamil Nadu, &[the Value Added Tax levied under Tamil Nadu Value
Added Tax Act, 2006 (Tamil Nadu Act 32 of 2006)] shall be excluded for the evaluation of the
price.] [TNGGE No.228, dated 13-07-2017 (No.SRO A-33(b)/2017) - G.O.Ms.No.215 /13th
July 2017]. ^[Substituted by Amt. No.15(a)(i) for the expression ‘sales tax, & Substituted by
Amt. No.15(a)(ii) for the expression ‘the sales tax under the Tamil Nadu General Sales Tax
Act, 1959 (Tamil Nadu Act 1 of 1959,’ [TNGGE No.345, dated 11-12-2012
(No.SRO.A‑36(a)/2012) - G.O.Ms.No.425 / 11th December, 2012].
50 Added by Amt. No.(2) ‘(f) the evaluation and comparison shall include fifteen percent price
preference for domestic small scale industrial units and ten percent price preference for the
public sector undertakings of the Government in respect of products and quantities
manufactured by them,’ [TNGG No.44 / 21-11-2001 (No.SRO A-72(m-a)/2001) -
G.O.Ms.No.452 / 16th November, 2001]. (w.e.f. 1-12-2001)
51 Omitted by Amt. No.15(b) [TNGGE No.345 / 11-12-2012 (No.SRO.A-36(a)/2012) -
G.O.Ms.No.425 / 11th December, 2012].
52 Substituted by Amt. No.15(c) for the expression ‘clauses (1) and (2) above,’ [TNGGE No.345 /
11-12-2012 (No.SRO.A-36(a)/2012) - G.O.Ms.No.425 / 11th December, 2012].
53 Added by Amt. No.15(d), [TNGGE No.345 / 11-12-2012 (No.SRO.A-36(a)/2012) -
G.O.Ms.No.425 / 11th December, 2012].
TAMIL NADU TRANSPARENCY IN TENDERS RULES, 2000.
41
(b) By asking the two tenderers to provide their best and final
offer of the financial bid in a sealed cover and the tenderer offering the
most advantageous financial bid shall be adjudged the Lowest
Tenderer.
(c) In case, a tie still persists after the procedure contained in
clause (a) or (b) of this sub-rule has been followed, the selected
tenderer shall be identified by draw of lots, which shall be conducted,
with prior notice, in the presence of the tied tenderers or their
representatives who choose to be present.]
54[29-A. Treatment of Speculative Tenders.- (1) The Tender
Accepting Authority may reject a tender, if it has determined that the
financial bid in combination with other constituent elements of the
tender is abnormally low or abnormally high in relation to the subject
matter of the procurement and raises concerns with such authority as
to the ability of the tenderer to perform the contract.
(2) Before arriving at a determination under sub-rule (1), the
Tender Accepting Authority may in writing seek such other information
from the tenderers as it considers relevant.
(3) The decision of the Tender Accepting Authority to reject a
submission in accordance with this rule and the reasons for that
decision, and all communications with the tenderer under this rule
shall be included in the record of the Tender Proceedings.
(4) The decision of the Tender Accepting Authority and the
reasons therefor shall be promptly communicated to the tenderer
concerned.]
30. Preparation of Evaluation Report and Award of
Tenders.- (1) The Tender Scrutiny Committee or the officer evaluating
the tender shall prepare detailed evaluation report which shall be
considered by the Tender Accepting Authority before taking a final
decision on the tender.
54 Added by Amt. No.(16) [TNGGE No.345 / 11-12-2012 (No.SRO.A-36(a)/2012) -
G.O.Ms.No.425 / 11th December, 2012].
TAMIL NADU TRANSPARENCY IN TENDERS RULES, 2000.
42
(2) The evaluation report shall be prepared in the standardized
format as may be prescribed.
(3) As soon as the tenderer qualified to perform the contract is
identified, in accordance with section 10(6) of the Act, the Tender
Accepting Authority shall pass orders accepting the tender and
communicate the order of acceptance to the successful tenderer. The
Tender Accepting Authority will also send to the Tender Bulletin Officer
a statement of evaluation of the tenders with a comparative statement
of tenders received and decision thereon for publication in the Tender
Bulletin.
(4) Within such reasonable time as may be indicated in the
tender documents, the tenderer whose tender has been accepted will
be required to execute the contract agreement in the prescribed format.
(5) In case the successful tenderer fails to execute necessary
agreements as prescribed within the period specified, then his Earnest
Money Deposit (EMD) shall be forfeited and his tender held as
non-responsive.
-oOo-
TAMIL NADU TRANSPARENCY IN TENDERS RULES, 2000.
43
55[CHAPTER VI-A
PURCHASE PREFERENCE
30-A. Purchase preference to domestic enterprises.- In case
of procurement of goods or services, where it is possible for the
procuring entity to divide the award of tenders to more than one
supplier or service provider, the tender document shall clearly indicate
that upto twenty five per cent of the total requirement in the
procurement may be awarded to domestic enterprise, not being the
lowest tender, in respect of only of goods manufactured or produced or
services provided or rendered by them, if the following conditions are
satisfied:
(a) the lowest tender is not a domestic enterprise;
(b) the preferential award shall extend only to the lowest tender
among the domestic enterprises who are substantially responsive and
technically qualified; and
(c) such domestic enterprise is willing to match the price of the
lowest tender:
Provided that where the Tender Inviting Authority is of the view
that in the interest of the participation of domestic enterprise in the
tender to avail the above benefit, a less stringent set of technical
qualification parameters are required, he shall specify a separate set of
technical qualifications for domestic enterprises in the tender
documents with the approval of the Government.
30-B. Purchase preference to Government departments,
Public Sector Undertakings, Statutory Boards and other similar
institutions.- In case of procurement of goods or services, where it is
possible for the procuring entity to divide the award of tenders to more
than one supplier or service provider, the tender document shall clearly
indicate that upto forty per cent of the total requirement in the
procurement may be awarded to Government departments, Public
Sector Undertakings, Statutory Boards and other similar institutions
as may be notified by the Government, in respect of only of goods
manufactured or produced or services provided or rendered by them, if
such tenderer is willing to match the price of the lowest tender.]
-oOo-
55 Inserted by Amt. No.5, [TNGGE No.225, dated 26-06-2018 (No.SRO A-35(b)/2018) –
G.O.Ms.No.207 / 26-06-2018].
TAMIL NADU TRANSPARENCY IN TENDERS RULES, 2000.
44
CHAPTER-VII.
EVALUATION AND AWARD OF TENDERS IN SPECIAL CASES.
31. Procurement in Special Cases.- In the case of purchase of
goods where the quantity offered at the lowest price is less than the
total quantity required, the Tender Accepting Authority may, after
placing orders with the lowest evaluated tenderer for the entire
quantity offered by such tenderer subject to his ability to supply, adopt
either or both of the following procedures to procure the balance
quantity.-
(1) Negotiate with the next lowest tenderers in strict ascending
order of evaluated price and require them to match the price offered by
the lowest evaluated tenderer and place orders until the entire quantity
required is ordered; or
(2) Require all the other eligible tenderers who participated in
the tender and offered a price higher than that offered by the lowest
evaluated tenderer, to submit sealed offers of the quantity they would
be willing to supply at the price quoted by the lowest evaluated
tenderer, and thereafter place orders for the remaining required
quantity with all those who match the lowest evaluated price such that
those who bid lower prices in the original tender get a higher priority
for supply.
(3) In case the bidders other than the lowest evaluated bidder
fail to agree to accept the lowest price or the total quantity offered by
them at the price quoted by the tenderer with lowest evaluated price is
less than the required quantity, the Tender Accepting Authority may
place orders for remaining required quantity at different rates with
different suppliers in the ascending order of evaluated price until the
entire quantity required is covered:
Provided that, where different quantities have to be procured at
more than one price from one or more tenderers, the Tender Accepting
Authority may decide not to procure beyond a price considered
economical although the entire quantity originally stated to be required
in the tender documents is not ordered.
TAMIL NADU TRANSPARENCY IN TENDERS RULES, 2000.
45
(4) In cases where, the Tender Accepting Authority such as
Tamil Nadu Electricity Board, Tamil Nadu Civil Supplies Corporation,
Project Director, Integrated Child Development Scheme (ICDS) 56[and
Tamil Nadu State Transport Corporations] is of the view that the
commodity to be purchased is so vital in nature and the failure in
supply would affect the public interest and that it is necessary to have
more than one supplier, the Authority may place orders on the
tenderer quoting the lowest evaluated price for not less than 60% of the
quantity covered in the tender at the price quoted by him and place
orders for the remaining quantity on the tenderers quoting the next
lowest evaluated prices at the lowest evaluated price and shall specify
this in the tender documents.
57[Provided that the commodity to be purchased by the Tamil
Nadu State Transport Corporations shall be restricted to bus chassis
only].
58[31-A. Fixed Rate Contract.- (1) In cases where the prices
offered by the Lowest Tenderer are in the opinion of the Tender
Accepting Authority higher than the schedule of rates or the prevailing
market price and the quantity of goods or services to be procured are of
such volume or are required to be delivered at different locations or at
different points in time such that it is not practical for the entire
supply to be effected by only one or a few suppliers, such authority
may for reasons to be recorded in writing and after obtaining the prior
approval of Government, follow the fixed rate contract procedure.
(2) The rates for the supply of the goods or services will be
determined through a process which shall include the following steps:-:
(a) Open tenders shall be or shall have been called from all
eligible tenderers and the rates quoted shall be taken into
consideration;
56 Inserted by Amendment [TNGGE No.183 / 23-03-2002 (No.SRO A-17(b)/2002) -
G.O.Ms.No.107 / 23rd March, 2002].
57 Added by Amendment [TNGG No.40 / 09-10-2007 (No.SRO A-52/2002) - G.O.Ms.No.286 /
13th August, 2002].
58 Inserted by Amt. No.(17), [TNGGE No.345 / 11-12-2012 (No.SRO.A-36(a)/2012) -
G.O.Ms.No.425 / 11th December, 2012].
TAMIL NADU TRANSPARENCY IN TENDERS RULES, 2000.
46
(b) The rates quoted by the eligible Lowest Tenderer in the open
tender shall be compared with the prevailing market rate and the rates
of the previous period and if the Tender Accepting Authority is of the
view that the quoted rates are too high, the Authority may negotiate
with the Lowest Tenderer to ascertain whether further reduction in
rates is possible;
(c) If after negotiations, the Tender Accepting Authority is of the
view that the rates are still too high with reference to rates of the
previous period or prevailing market rates, the Tender Accepting
Authority may after considering relevant factors, determine and notify
an appropriate rate, as the fixed rate.
(d) All eligible suppliers who accept the fixed rate shall be
enlisted by the Procuring Entity for delivery of services.
(e) Where the Procuring Entity deems fit, it may issue an
advertisement indicating the rates fixed and call for enrollment of more
suppliers at these rates subject to such suppliers fulfilling the
eligibility criteria.
(f) Orders for supply of goods or services from the enlisted
suppliers shall be placed on the basis of transparent criteria to be
indicated in the tender documents or advertisement as the case may
be, and shall inter alia, include the capacity to supply, past
performance of the suppliers where applicable, and giving due priority
to the supplier or suppliers who participated in the initial tender and
offered the lowest rate.]
32. 59[Pre-qualification Procedure in a single stage, two
cover system].- (1) The Tender Inviting Authority shall for reasons to
be recorded in writing provide for pre-qualification of tenderers 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 bids of pre-qualified bidders shall be considered for
evaluation.
59 Substituted by Amt. No.18 for the heading ‘Prequalification procedures’ [TNGGE No.345 /
11-12-2012 (No.SRO.A-36(a)/2012) - G.O.Ms.No.425 / 11th December, 2012].
TAMIL NADU TRANSPARENCY IN TENDERS RULES, 2000.
47
60[32-A. Pre-qualification with Multi-stage Tendering.- (1) A
Procuring Entity may invoke the multi-stage tendering process in cases
where:
(a) The Procuring Entity assesses that discussions with
tenderers are needed to refine aspects of the description of the subject
matter of the procurement and to formulate them with precision in
order to allow the Procuring Entity to obtain the most satisfactory
solution to its procurement needs; or
(b) the successful tenderer is expected to carry out a detailed
survey or investigation and undertake a comprehensive assessment of
risks, costs and obligations associated with the particular
procurement; and
(c) in any other case for reasons to be recorded in writing.
(2) Where the Procuring Entity invokes the multi-stage
tendering process, the Tender Inviting Authority shall call for initial
submissions containing their applications or proposals without a
financial bid, containing the following items, namely:-
(a) proposals relating to the technical, quality or performance
characteristics of the subject matter of the procurement;
(b) contractual terms and conditions of supply:
(c) where relevant, the professional and technical competence,
experience and qualifications of the tenderers.
(3) The Tender Accepting Authority may, in the first stage,
engage in discussions with eligible tenderers concerning any aspect of
their initial proposals:
Provided that when the Tender Accepting Authority engages in
discussions with any tenderer, it shall extend equal opportunity to all
eligible tenderers to participate in discussions.
60 Inserted by Amt. No.(19) [TNGGE No.345 / 11-12-2012 (No.SRO.A-36(a)/2012) -
G.O.Ms.No.425 / 11th December, 2012].
TAMIL NADU TRANSPARENCY IN TENDERS RULES, 2000.
48
(4) At the conclusion of the first stage, the Tender Accepting
Authority shall pre-qualify the tenderers that fulfill the eligibility
criteria, and promptly notify each tenderer whether or not it has been
pre-qualified and shall upon request communicate to the tenderers
that have not been pre-qualified the reasons therefor:
Provided that if the Tender Accepting Authority is of the view
that the number of pre-qualified Tenderers is too small to have an
effective competition, the authority may decide not to proceed further
with the Tender.
(5) In the second stage, the Tender Accepting Authority shall
invite financial tenders from the pre-qualified and short-listed
tenderers.
(6) The final tenders received under sub-rule (5) shall be
evaluated in order to ascertain the lowest evaluated tenderer in
accordance with these rules.]
33. Low Value Procurement.- 61[For the purposes of clause (d)
of section 16 of the Act, ‘Low Value Procurement’ means any
procurement, which is less than rupees twenty five lakhs in value
for construction, which is less than rupees twenty lakhs in value for
vehicles and which is less than rupees ten lakhs in value for all
other categories of procurement inclusive of consultancies for
construction.]
-oOo-
61 Substituted by Amt. No.2 for Rule 33 “For the purposes of clause (d) of section 16 of the Act,
‘Low Value Procurement’ means any procurement, which is less than rupees #[twenty five
lakhs] in value for construction and which is less than rupees ten lakhs in value for all other
categories of procurement inclusive of consultancies for construction” [TNGGE No.296,
dated 19-09-2017 (No.SRO A-41(b-1)/2017) – G.O.Ms.No.270 / 19-09-2017]. #[The
expression “two lakhs in value” was substituted by Amt. No.(3) the expression “five lakh in
value”, [TNGG No.44 / 21-11-2001 (No.SRO A-72(m-a)/2001) - G.O.Ms.No.452 /
16th November, 2001]. (w.e.f. 1-12-2001)]. Subsequently, the expression ‘five lakh in value’
was substituted by amendment for the expression ‘twenty five lakh in value for construction
and which is less than rupees ten lakhs in value for all other categories of procurement
inclusive of consultancies for construction’ [TNGGE No.212 / 18-08-2009
(No.SRO A-22(a)/2009) - G.O.Ms.No.392 / 18th August, 2009].
TAMIL NADU TRANSPARENCY IN TENDERS RULES, 2000.
49
62[THE ANNEXURE
[See rule 11 (2)]
1. Financial limits for advertising Tender Notices in newspapers
are as follows:
Details of Newspaper Value of Procurement
Area English Tamil Goods/ Services Works
[1] [2] [3] [4] [5]
District Nil 1
(District
edition)
Above Rs.10 lakh
and upto Rs.25 lakh
Above Rs.25 lakh
and upto Rs.50
lakh.
State 1
(All
editions in
the State)
1
(All
editions in
the State)
Above Rs.25 lakh
and upto Rs.3 crore.
Above Rs.50 lakh
and upto Rs.3 crore.
South India 1
(South
India
edition)
1
(All
editions in
the State)
Above Rs.3 crore and
upto Rs.5 crore.
Above Rs.3 crore
and upto Rs.5 crore.
All India 1
(All India
edition)
1
(All
editions in
the State)
Above Rs.5 crore and
upto Rs.75 crore.
Above Rs.5 crore
and upto Rs.75
crore.
1
(All India
edition
and Indian
Trade
Journal)
1
(All
editions in
the State
and Indian
Trade
Journal)
Above Rs.75 crore. Above Rs.75 crore.
2. Conditions for publication of tender advertisements:-
(a) When more than one tender is bunched in a tender notice,
the highest value among the individual tenders should be considered to
determine the applicable norms. The sum total of values of all
individual tenders cannot be considered; and
(b) In the case of international competitive biddings, it would be
open for the tender inviting authority to give additional advertisements
in more number of newspapers or magazines.]
-oOo-
62 Inserted by Amt. No.6, [TNGGE No.225, dated 26-06-2018 (No.SRO A-35(b)/2018) –
G.O.Ms.No.207 / 26-06-2018].
50
[Blank Page]
TAMIL NADU TRANSPARENCY IN
TENDERS (PUBLIC PRIVATE PARTNERSHIP
PROCUREMENT) RULES, 2012.
[Blank Page]
51
TAMIL NADU TRANSPARENCY IN TENDERS (PUBLIC
PRIVATE PARTNERSHIP PROCUREMENT) RULES, 2012.
[Published in TNGGE No.328, 26th November 2012 - Part-III – Section 1(a) of
(No.SRO.A-35 (a) / 2012 - G.O.Ms.No.409 / 26th November, 2012].
In exercise of the powers conferred by sub-section (1) of section
22 of the Tamil Nadu Transparency in Tenders Act, 1998 (Tamil Nadu
Act 43 of 1998), the Governor of Tamil Nadu hereby makes the following
rules, namely.-
CHAPTER-I.
PRELIMINARY.
1. Short title, commencement and extent.- (1) These rules
shall be called the Tamil Nadu Transparency in Tenders (Public Private
Partnership Procurement) Rules, 2012.
(2) These rules shall come into force on the 26th day of
November, 2012.
(3) These rules will apply to all procurement for Public Private
Partnership (PPP) Projects of a value of more than rupees twenty five
lakhs by any Procuring Entity.
2. Definitions.- In these rules, unless there is anything
repugnant in the subject or context.-
(a) ‘Act’ means the Tamil Nadu Transparency in Tenders Act,
1998 (Tamil Nadu Act 43 of 1998);
(b) ‘Applicant’ means an entity which has submitted or is likely
to submit a response to the Request for Expression of Interest (REOI)
or Request for Qualification (RFQ), as the case may be;
(c) ‘Application’ means the submission made in response to a
Request for Qualification (RFQ);
(d) ‘Appointed Date’ means the date on which the Concession
Agreement comes into force and effect in accordance with the terms
outlined therein;
(e) ‘Concessionaire’ means the private sector participant which
has entered into a Public-Private Partnership;
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(f) ‘Concession Agreement’ means an agreement entered into
between a Procuring Entity and a private sector participant for and in
respect of a Public-Private Partnership;
(g) ‘Conditions Precedent’ means the obligations which the
Procuring Entity or the Concessionaire or both may be required to
fulfill prior to the financial closure of the Public Private Partnership
(PPP) Project, unless waived in writing by the relevant party in
accordance with the terms of the Concession Agreement;
(h) ‘Consortium’ means a tenderer comprising of two or more
entities for the purpose of responding to a Tender Document, such that
if the consortium includes a public sector entity or entities, such
public sector entity or entities do not have a controlling stake in the
consortium;
(i) ‘Contingent Liability’ means a liability accruing to a
Procuring Entity through the Concession Agreement or Public Private
Partnership (PPP) Project on the occurrence or non-occurrence of an
uncertain future event;
(j) ‘Due Date’ means the date on which a tender submission is
due in response to a Request for Expression of Interest (REOI) or a
Request for Qualifications (RFQ) or a Request for Technical Proposals
(RTP) or a Request for Proposals (RFP);
(k) ‘Expression of Interest (EOI)’ means the submission made
in response to a Request for Expression of Interest (REOI);
(l) ‘Final Offer’ means the commercial offer made by a tenderer
on the basis of the single criterion specified in the Request for Proposal
(RFP);
(m) ‘Feasibility Study’ means a preliminary study made for
investment decision-making, to assess the technical, social, economic
and financial viability and the social and environmental impact of a
Project including the demand for the services, appropriate technology
to be adopted, capital cost, time required for implementation, and such
other information as may be prescribed;
(n) ‘Independent Auditor’ means an auditor appointed under
rule 45;
(o) ‘Independent Engineer’ means an Engineer appointed
under rule 46;
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(p) ‘Lead Member of Consortium’ means a member of a
consortium who has been designated as the lead member by the
Consortium and shall possess such qualifications as may be prescribed
in the tender documents;
(q) ‘Letter of Award (LOA)’ means the Letter of Award issued by
the Procuring Entity to the Lowest Tenderer in accordance with
rule 56;
(r) ‘Minimum Technical Requirements (MTR)’ means the
minimum technical requirements as described in rule 37;
(s) ‘Notice Inviting Tenders’ means for the purposes of these
rules, the Notice of Request for Qualification (RFQ) in all cases where
rules 4, 5 and 6 apply and to the Notice of Request for Proposal (RFP)
in cases where sub-rule (2) of rule 3 is invoked.
(t) ‘Performance Security’ means a financial guarantee in the
appropriate form including a security deposit or bank guarantee or
both furnished by the Concessionaire to the Procuring Entity for the
performance of its obligations under the Concession Agreement;
(u) ‘Public Private Partnership (PPP)’ means an arrangement
between a public agency and a private sector participant for the
provision of infrastructure through investment made or through
design, development, construction, maintenance or operation
undertaken by the private sector participant, where risks are allocated
between them such that the private sector participant takes on the risk
beyond the stage of design and construction and the payment for the
services are performance linked, in the form of user charges, annuities
or unitary payments;
(v) ‘Project Value’ means:- (i) in case of Public Private
Partnership (PPP) Projects where the private entity is expected to
make capital investments, the value of the asset or facility to be
constructed including the cost of land, if the cost of land is to be borne
by the private entity; or
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(ii) in case of Public Private Partnership (PPP) Projects where
the private entity is not expected to make substantial capital
investments, the current replacement value of the asset or facility,
whose operation and maintenance is proposed to be the responsibility
of private entity;
(w) ‘Public Sector Comparator' means the estimated
hypothetical risk-adjusted life cycle cost of a project if it were to be
financed, owned and implemented solely by the government or its
agency;
(x) ‘Qualified Applicant’ means an Applicant that has been
qualified in the Request for Qualification (RFQ) stage;
(y) ‘Request for Expression of Interest (REOI)’ means the
Tender Document prepared and issued in accordance with Chapter-III;
(z) ‘Request for Proposal (RFP)’ means the Tender Document
prepared and issued in accordance with Chapter-VI;
(aa) “Request for Qualification (RFQ)” means the Tender
Document prepared and issued in accordance with Chapter-IV;
(ab) ‘Request for Technical Proposal (RTP)’ means the Tender
Document prepared and issued in accordance with Chapter-V;
(ac) ‘Response’ means any submission required to be made to
the Tender Inviting Authority as per the Tender Documents;
(ad) ‘Respondent’ means any entity or consortium that has
submitted or is likely to submit a Response to the Tender Documents;
(ae) ‘Total Project Cost’ means the lowest of the total project
cost mentioned in the tender documents or actual capital cost of the
project upon completion of the Project as certified by the Independent
Engineer; or total project cost as set forth in the financing documents;
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(af) ‘Value for Money Assessment’ means the quantitative and
qualitative assessment of the costs and benefits associated with a
project. Value for Money Assessment is used to establish whether
implementing a project in the Public Private Partnership (PPP) mode is
an economically optimal proposition for the Government or the public
agency and it takes into account direct and indirect project execution
costs, financing costs, transaction costs, cost of asset transfer on
project completion, project monitoring costs and a cost estimation of
the possible risks thereof;
(ag) ‘Variation’ means changes which occur during the course
of project development and delivery and shall be classified into the
following forms:
(i) Day-to-day operational variations;
(ii) Known-variations that are likely to arise and whose nature is
known, but time of occurrence and impact are unknown;
(ah) ‘Viability Gap Funding’ means a capital grant or subsidy
or equity from the Central or State Governments to render a Public
Private Partnership (PPP) project financially viable and bankable.
-oOo-
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CHAPTER-II.
PUBLIC PRIVATE PARTNERSHIP (PPP) - PROJECT
PROCUREMENT PLANNING.
3. Identifying the procurement method for Public Private
Partnership (PPP) Project.- (1) Save as provided for under these rules,
a two-stage, open competitive tendering under rule 4 shall be the mode
of procurement for a Public Private Partnership (PPP) Project.
(2) For Public Private Partnership (PPP) Projects with a value
less than Rs.10 crore (Rupees Ten Crore), a single stage, two cover,
open and competitive tendering may be adopted where the qualification
information and technical proposal are received in one cover and the
final offer is received in a separate cover.
(3) Under certain circumstances specified under these rules, the
Procuring Entity may in addition to the two stages prescribed in
sub-rule (1) issue a Request for Expression of Interest (REOI) or a
Request for Technical Proposal (RTP) or both prior to the Request for
Proposal (RFP).
(4) The Final Offer shall be in the form of a single objective
criterion which shall be specified in the Request for Proposal (RFP).
4. Two Stage Open Competitive Tendering.- The two stage
open competitive tendering shall include the following stages.-
(a) Request for Qualification (RFQ) stage for short-listing
Qualified Applicants, in accordance with Chapter-IV: and
(b) Request for Proposal (RFP) stage for selection of the most
Lowest Tenderer, in accordance with Chapter-VI.
5. Open Competitive Tendering with Request for Technical
Proposal (RTP).- (1) Subject to the provisions of rule 4, in case of
exceptionally complex Public Private Partnership (PPP) Projects,
where the Procuring Entity seeks to assure itself that the
Qualified Applicants completely understand its requirements, the
Tender Inviting Authority may require that the Qualified Applicants to
submit Technical Proposals prior to the Request for Proposal (RFP)
stage.
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(2) The Request for Technical Proposal stage shall be conducted
as per the provisions of Chapter-V.
(3) In cases not covered under sub-rule (1), the Request for
Technical Proposal (RTP) and Request for Proposal (RFP) stages shall
be combined as per the provisions of rule 41.
6. Open Competitive Tendering with Request for
Expressions of Interest (REOI).- In Projects where the Procuring
Entity is unsure of the likely interest from private entities in the
Project, or where it seeks to explore alternatives on how best to
design the project scope or other parameters of the Project, the
Procuring Entity may adopt multi-stage open competitive tendering
involving a Request for Expressions of Interest, followed by a two or
three-stage processes as per rule 4 or rule 5, as the case may be.
7. Formation of Tender Scrutiny and Evaluation
Committee.- (1) For each stage of procurement under these rules, the
Procuring Entity shall form a Tender Scrutiny and Evaluation
Committee to evaluate the Responses received as part of the Tender
Proceedings:
Provided that the same committee may be retained for all stages
of the procurement.
(2) The membership of the Tender Scrutiny and Evaluation
Committee shall consist of:
(a) The head of the Procuring Entity or his nominee, who shall
serve as the Chairman of the Committee;
(b) Secretary to Government of the Administrative Department
concerned or his nominee;
(c) Secretary to Government, Law Department or his nominee
when considered essential;
(d) Secretary to Government, Finance Department or his
nominee;
(e) Representative of the Tamil Nadu Infrastructure
Development Board (TNIDB) for projects covered under the Act:
Provided that the same person may represent both Finance
Department and the Tamil Nadu Infrastructure Development Board
(TNIDB).
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(f) Such other experts or persons not exceeding three in number
with relevant experience that the Procuring Entity or the Government
by general or specific order may include.
(3) The Tender Scrutiny and Evaluation Committee shall
perform the following functions:-
(a) Scrutinize and approve the tender documents prior to their
issue and recommend any changes;
(b) Supervise the conduct of pre-submission meetings and
conferences with prospective tenderers;
(c) Supervise the opening of tenders;
(d) Carry out the preliminary examination and detailed
evaluation of the tenders received; and
(e) Prepare an evaluation report for the consideration of the
Tender Accepting Authority.
8. Engaging Consultants or Advisors.- Where the Procuring
Entity deems fit, it may engage the services of a consultant or advisor
to assist the Tender Inviting Authority, the Tender Scrutiny and
Evaluation Committee and the Tender Accepting Authority with the
entire tender process or any stage thereof including the preparation of
tender documents and the evaluation of tenders.
9. Information to be published in the State Tender
Bulletin.- All Notices Inviting Tenders and decisions on tenders in
respect of Public Private Partnership (PPP) projects shall be published
in the State Tender Bulletin.
10. Details to be mentioned in Notice Inviting Tenders.- The
Notice Inviting Tenders shall contain the following details, namely.-
(a) The name, address and other contact details of the Procuring
Entity and the designation and address of the Tender Inviting
Authority;
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(b) Name of the project for which the procurement is to be
effected;
(c) The date upto which and places including websites from
where the tender documents can be obtained;
(d) The amount of Earnest Money Deposit (EMD), if any payable;
(e) The last date, time and place for receipt of tenders;
(f) The date, time and place for opening of tenders received; and
(g) Any other information the Tender Inviting Authority
considers relevant.
11. 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 project
value exceeds rupees fifty crores.
(2) The competent authority to release the advertisement shall
be the Director of Information and Public Relations, Chennai.
(3) The number, editions and language of the newspapers in
which the Notice Inviting Tenders shall be published will be based on
the value of procurement and adequate publication will be ensured in
the Districts where the projects are to be implemented.
(4) For tenders for a project value above rupees fifty lakhs, the
Director of Information and Public Relations, Chennai will publish the
Notice Inviting Tenders as per instructions of the Procuring Entity and
publication of Notice Inviting Tenders for an additional insertion shall
not be made in newspapers not requested by the Procuring Entity for
tenders above rupees fifty lakhs.
(5) Notwithstanding anything contained in sub-rule (4) for
projects of a value exceeding rupees two hundred crores, the Notice
Inviting Tenders shall be published, once every week for three
consecutive weeks, in atleast two national level newspapers out of
which, one will be a financial or business newspaper; and in one local
newspaper, which is circulated in the district or city in which the
project is to be implemented.
12. Publication in Notice Board, Website and sending Notice
Inviting Tenders to all possible tenderers.- (1) The Notice Inviting
Tenders shall be published on the Notice Board of the offices of the
concerned Public Agency, District Collectorate and other Public Offices.
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(2) The Notice Inviting Tenders shall be published on the
website of the Procuring Entities, the Government of Tamil Nadu
website and any other website as may be indicated by the Government.
(3) The Tender Inviting Authority may, if considers necessary,
send the Notice Inviting Tenders to all possible tenderers including
registered contractors, potential suppliers and any other well known
company or firm directly.
13. Supply of Tender Documents.- (1) The Tender Inviting
Authority shall make available the tender documents from the date of
publication of the Notice Inviting Tenders.
(2) The tender documents shall be made available for
downloading from the website designated for this purpose by the
Government and from such other websites as may be indicated by the
Tender Inviting Authority on payment of such fees and in such manner
as may be determined.
(3) The tender documents shall also be made available on
payment of such fees as may be determined, including a service fee to
cover the cost of printing at:-
(a) the office of the Tender Inviting Authority;
(b) any other office or place indicated by the Procuring Entity.
(4) The Tender Inviting Authority shall send by registered post
or courier the tender documents to any prospective tenderer who
makes a request for the documents on payment of fees along with
postal charges at the risk and responsibility of the prospective
tenderer.
14. Security.- 1[(1) The tenderers shall be required to provide
an Earnest Money Deposit (EMD) ordinarily not exceeding two percent
of the estimated total project cost, which shall be made by means of
electronic mode of payment or in the form of a demand draft or
banker’s cheque or specified small saving instrument or where the
Procuring Entity deems fit, unconditional, irrevocable bank guarantee:]
1 Substituted by Amt. No.1 for sub-rule ‘(1) The tenderers shall be required to provide an
Earnest Money Deposit (EMD) ordinarily not exceeding two percent of the estimated total
project cost, which shall be in the form of a demand draft, banker's cheque, specified
small saving instrument or where the Procuring Entity deems fit, unconditional, irrevocable
bank guarantee’ [TNGGE No.296, dated 19-09-2017 (No. SRO A-41(b-2)/2017) -
G.O.Ms.No.271 / 19-09-2017].
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Provided that in case of operation and maintenance contracts,
the Earnest Money Deposit (EMD) may be determined at a level not less
than ten percent of the likely annual payments or two percent of the
project value, whichever is less.
(2) The Earnest Money Deposit (EMD) shall be forfeited if the
tenderer.-
(a) withdraws his tender after submission but before opening of
the tender, or
(b) following the opening of tender, withdraws its tender before
expiration of the period of effectiveness of the tender; or
(c) fails to furnish the required Performance Security at the
stage, the tenderer is required to do so as per the tender documents.
(3) The Earnest Money Deposit (EMD) shall remain valid for a
period of not less than 30 (thirty) days beyond the period for validity
of the tender specified in the tender documents in order to provide the
Procuring Entity sufficient time to act if the security is to be called:
Provided that the Procuring Entity may seek extension of the
period of validity of the tenders and of the Earnest Money Deposit
(EMD).
(4) The Earnest Money Deposit (EMD) of tenderers who have not
been selected will be released not later than 60 (sixty) days after the
expiration of the tender validity period, including any extension thereof,
or 60 (sixty) days after the issue of the letter of award, whichever is
earlier.
(5) The Earnest Money Deposit (EMD) of the Lowest Tenderer
shall be discharged when that tenderer furnishes the required
Performance Security.
(6) The Concessionaire shall be required as a condition
precedent to provide Performance Security, ordinarily not exceeding 5%
(five percent) of the Project Value and subject to any increase or
decrease in the Project Value that may occur during contract
performance:
Provided that in case of Operation and Maintenance contracts,
the Performance Security may be determined at a level not more than
50% (fifty percent) of the likely annual payments due.
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2[(7) The Performance Security shall be made by means of
electronic mode of payment or in the form of a demand draft or
banker’s cheque or specified small saving instrument or unconditional
and irrevocable bank guarantee or where the Procuring Entity deems
fit, in form of an escrow account or a combination of the different
forms.]
15. Conflict of Interest.- (1) It shall be the responsibility of
Tender Inviting Authority and Tender Accepting Authority to ensure
that the prospective tenderers do not have a conflict of interest that
affects the Tender Proceedings.
(2) An Applicant or prospective tenderer shall be deemed to
have a Conflict of Interest, if,-
(a) any other prospective tenderer or a member of consortium or
any associate or constituent thereof have common controlling
shareholders or other ownership interest; or
(b) a constituent of such prospective tenderer is also a
constituent of another prospective tenderer.
Provided that ‘constituent’ in such cases will not include the
provider of a proprietary technology to more than one applicant; or
(c) such prospective tenderer, or any associate thereof receives
or has received any direct or indirect subsidy, grant, concessional
loan or subordinated debt from any other Applicant or Respondent, or
any associate thereof has provided any such subsidy, grant,
concessional loan or subordinated debt to any other Applicant or
Respondent, its member or any associate thereof; or
(d) such prospective tenderer has the same legal representative
for purposes of the Tender Proceedings as any other prospective
tenderer; or-
2 Substituted by Amt. No.2 for sub-rule ‘(7) The Performance Security shall be in the form of a
demand draft, banker's cheque, specified small saving instrument, unconditional and
irrevocable bank guarantee or where the Procuring Entity deems fit, in form of an escrow
account or a combination of the different forms’ [TNGGE No.296, dated 19-09-2017 (No.
SRO A-41(b-2)/2017) - G.O.Ms.No.271 / 19-09-2017].
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(e) such prospective tenderer, its member or any associate
thereof, has a relationship with another prospective tenderer, or any
associate thereof, directly or through common third party/ parties,
that puts either or both of them in a position to have access to each
other’s information about, or to influence the Response of either or
each other; or
(f) such prospective tenderer, its member or any associate
thereof, has participated as a consultant to the Tender Inviting
Authority and Tender Accepting Authority in the preparation of any
documents, design or technical specifications of the Public Private
Partnership (PPP) Project; or
(g) if any legal, financial or technical advisor of the Tender
Inviting Authority and Tender Accepting Authority in relation to the
Project is engaged by the prospective tenderer, its member or any
associate thereof, as the case may be, in any manner for matters
related to or incidental to the Project:
Provided that this clause shall not apply where such advisor
was engaged by the Applicant or Respondent, its member or associate
in the past but such engagement expired or was terminated 6 (six)
months prior to the date of issue of concerned Tender Document or
where such advisor is engaged after a period of 3 (three) years from the
date of commercial operation of the Project.
16. Clarifications on Tender Documents.- (1) The Procuring
Entity shall permit Respondents to seek clarifications on the Tender
Documents and shall specify a last date for the submission of such
clarifications in the Tender Documents:
Provided that the clarifications may be sought from the Tender
Inviting Authority only in writing.
(2) The Tender Inviting Authorities shall specify in the Tender
Documents the e-mail address, postal address and fax number to
which the clarifications may be sent.
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(3) The Tender Inviting Authority shall respond to any queries
or requests for clarification received from a Respondent within the time
as mentioned in sub-rule (1) that Respondent can make his response
in a timely fashion.
(4) The Tender Inviting Authority shall, without disclosing the
name of the Respondent seeking the clarification, communicate the
clarification to all Respondents to whom it has provided the Tender
Documents and shall also ensure that the clarifications are uploaded
on the appropriate website.
17. Pre-submission Meeting.- (1) After issue of the Request for
Qualification (RFQ) or Request for Technical Proposal (RTP) or Request
for Proposal (RFP), as the case may be, the Tender Inviting Authority
may, at its discretion, organize one or more pre-submission meetings
for the purpose of clarifying the queries and understanding the
concerns of the Respondents.
(2) The Tender Inviting Authority shall consider comments and
suggestions provided by the Respondents in the pre-submission
meetings and, if required, revise the Tender Documents.
(3) The pre-submission meetings shall not be a substitute for
any other manner of communication of queries by the Respondents.
(4) The Tender Inviting Authority shall maintain minutes and
the list of attendees of the pre-submission meetings and circulate them
to all attendees.
18. Modification of Tender Documents and Responses.-
(1) Subject to specific provisions contained in these rules, at any time
prior to the due date, the Procuring Entity may, whether on its own
initiative or as a result of a query, suggestion or comment of an
Applicant or a Respondent, modify the Tender Documents by issuing
an addendum or a corrigendum.
(2) Any such addendum or corrigendum shall be communicated
and will be binding on all Applicants or Respondents or Tenderers, as
the case may be.
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19. Manner, Place and Due Date for Submission of
Responses.- (1) The Tender Inviting Authority shall ensure that
adequate arrangements are made for the proper receipt and safe
custody of the tenders at the place indicated for the receipt of tenders:
Provided that such of the tenders that are received through
electronic mail shall be kept electronically locked.
(2) The Tender Inviting Authority shall take all measures to
ensure that no intending tenderer is hindered in submitting his tender.
(3) The Tender Inviting Authority shall permit the submission of
tenders by post or courier or by electronic submission through the
designated website, wherever applicable:
Provided that the Tender Inviting Authority shall not be
responsible for any delay in transit in such cases.
(4) In the case of tenders not submitted electronically, the
tenderer shall ensure that all the pages are serially numbered and the
submitted tender documents are properly stitched and bound.
(5) 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
covers that are not properly superscripted and sealed as required in
the tender documents before the time appointed for opening of tenders.
(6) The Tender Inviting Authority shall not accept any tenders
submitted by facsimile (fax).
(7) The Tender Inviting Authority may extend the last date and
time for receiving tenders which shall be published on the designated
website also after giving adequate notice to all intending tenderers 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 tenderers under sub-rule (1) of rule 18 took time;
(c) any of the tenderers requested clarifications the
communication of which to all the tenderers took time; and
(d) any other reasonable grounds, for such extension exist,
which shall be recorded in writing by the Tender Inviting Authority.
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20. Withdrawal of Tenders Before Opening.- (1) No tenderer
shall be allowed to withdraw the tenders after submitting the tender.
(2) A Tenderer may submit a modified tender before the last
date for receipt of tender:
Provided that where more than one tender is submitted by the
same tenderer, the lowest eligible financial tender shall be considered
for evaluation.
21. Opening of Tenders.- (1) All the tenders received by the
Tender Inviting Authority shall be opened at the time and the venue
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 (7) of rule 19 at the time, so specified subsequently:
Provided that the e-tenders submitted may be permitted to be
opened by a Tender Inviting Authority or a member of the Tender
Scrutiny and Evaluation Committee from their new location, if they are
transferred after the issue of Notice Inviting Tender and before opening
of tenders and where the new incumbent is yet to obtain his digital
signature certified.
(2) The time specified for the opening of tenders shall be
immediately after the closing time specified for the receipt of tenders
allowing a reasonable period, not exceeding one hour, for the
transportation of the tenders received to the place they are to be
opened.
(3) The tenders will be opened in the presence of the tenderers
or their representative who choose to be present:
Provided that the Tender Inviting Authority may specify the
number of representatives for each tenderer who may be permitted to
be present.
22. Procedure to be followed at Opening of Tenders.- The
following procedure shall be followed at the opening of tenders.-
(a) All the envelopes containing tenders and the tenders
received through the electronic mail in the designated website shall be
counted;
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(b) All the tenders received in time shall be opened;
(c) Any tender received subsequent to the time specified for
receipt of tenders shall not be opened and shall be returned unopened
to the tenderer and in the case of tenders submitted through electronic
mail in the designated website, a report on the late submission of
tenders shall be generated and the same shall be sent to the tenderer
concerned;
(d) On opening of the tender, the members of the Tender
Scrutiny and Evaluation Committee shall initial the main tender
including the prices and any corrections;
(e) A record of the corrections noticed at the time of the opening
of tenders shall be maintained;
(f) The name of the tenderers and the quoted prices should be
read out aloud;
(g) The fact whether Earnest Money Deposit (EMD) has been
submitted and the other required documents have been produced may
be indicated, but this shall not constitute an initial examination under
rule 24;
(h) Minutes of the opening of tenders shall be recorded;
(i) The signatures of all the tenderers present shall be obtained
and if any of the tenderers or his representative refuses to sign that
fact shall be recorded.
23. Changes and alterations not to be permitted after
Opening of Tenders.- No changes or amendments which materially
alter the final submissions shall be permitted after the opening of
tenders, except as laid down in sub-section (3) of section 10 of the Act
and prescribed in rule 24.
24. Initial Examination to determine substantial
responsiveness.- (1) The Tender Inviting Authority shall cause an
initial examination of the tenders submitted to be carried out by the
Tender Scrutiny and Evaluation Committee in order to determine their
substantial responsiveness.
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(2) The initial examination shall consider the following factors,
namely:-
(a) Whether the tenderer meets the eligibility criteria laid down
in the tender documents;
(b) (i) Whether the crucial documents have been duly signed;
(ii) Whether the documents have been authenticated by digital
signature, in the case of tenders submitted through electronic mail in
the designated website.
(c) Whether the requisite Earnest Money Deposit (EMD) with
appropriate validity has been furnished;
(d) Whether the tender is substantially responsive to the
technical specifications and commercial conditions set out in the
tender documents.
(3) Tenders which on initial examination are found not to be
substantially responsive under any of the clauses under sub-rule (2)
shall be rejected by the Tender Accepting Authority and not taken up
for further scrutiny.
25. Clarifications on qualification information.- The
Procuring Entity may, at any stage of the Tender Proceedings, ask
any Applicant or Respondent for clarifications on its submission, in
order to assist in the evaluation of such submission:
Provided that the Procuring Entity shall.-
(a) not seek or permit any substantive change to the
submission, including changes aimed at qualifying an Applicant or a
Respondent.
(b) not engage in negotiations with an Applicant or a
Respondent with respect to the submission, pursuant to a clarification
that is sought under this rule; and
(c) maintain in the record of Tender Proceedings, all
communications generated under this rule.
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26. Confidentiality.- (1) Subject to the provisions of sections
13 and 14 of the Act, the Tender Inviting Authority shall ensure the
confidentiality of the process of tender evaluation until orders on the
tenders are passed.
(2) The Tender Inviting Authority shall treat all information
submitted as part of a Response, in confidence and will require all
those who have access to such material to treat the same in
confidence and shall not disclose any such information unless.-
(a) directed to do so by any statutory entity that has the
power under law to require such disclosure; or
(b) such disclosure is to enforce or assert any right or privilege
of the statutory entity or the Procuring Entity; or
(c) required to do so by law or in connection with any legal
process.
27. Record of Tender Proceedings.- (1) The Procuring Entity
shall cause to be maintained a record of the Tender Proceedings.
(2) Such record shall, inter-alia, contain the following; namely:-
(a) Subject matter of the procurement process;
(b) Basic information, including names and addresses of the
authorized representatives of Respondents;
(c) The submissions made by the Respondents at each stage of
the process;
(d) The report or reports of the Tender Scrutiny and Evaluation
Committee;
(e) Statement of the reasons and circumstances relied upon by
the Tender Inviting Authority and Tender Accepting Authority for
decisions as part of the procurement process;
(f) The requests for clarification and the responses thereof;
(g) Statement of reasons for rejection of tender;
(h) Principal terms of the Concession Agreement; and
(i) The deviations, if any from the model tender documents
where applicable.
-oOo-
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CHAPTER-III.
REQUEST FOR EXPRESSION OF INTEREST.
28. Request for Expression of Interest (REOI).- (1) In cases
where the Procuring Entity decides to proceed under rule 6, the
Tender Inviting Authority shall prepare the Request for Expression of
Interest (REOI).
(2) The Request for Expression of Interest (REOI) shall,
inter-alia, contain,-
(a) the description of the Project;
(b) the request for expressions of interest;
(c) a closing date for seeking clarifications.
(3) The Request for Expression of Interest (REOI) shall be
published in accordance with the provisions of rules 9, 10, 11 and 12.
(4) The Expression of Interest (EOI) shall not be used to either
shortlist or disqualify tenderers and any entity which has not
submitted an Expression of Interest (EOI) shall also be allowed to
participate in the Request for Qualification (RFQ) stage as per terms
and conditions that may be specified thereof.
(5) The Tender Inviting Authority may convene meetings to
interact with Applicants, so as to facilitate greater interest and
understanding of the proposed Project among potential private
partners.
(6) The Tender Inviting Authority shall provide for the following
minimum time periods in the schedule of the Request for Expression of
Interest (REOI) stage:
(a) The due date shall ordinarily be not less than 30 (thirty)
days from the date of advertisement or notification of the Request for
Expression of Interest (REOI) whichever is later;
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(b) Pre-submission meetings convened under sub-rule (5) shall
be held at least 7 (seven) days before the due date;
(c) The clarifications on the queries of Applicants shall be issued
not less than 4 (four) days before the due date; and
(d) Corrigenda or notifications of amendments in the Request
for Expression of Interest (REOI) shall be issued not less than 4 (four)
days before the due date.
(7) In exceptional cases, the Tender Inviting Authority may at
the time of issuing Request for Expression of Interest (REOI) reduce the
minimum time limits prescribed in sub-rule (6) for reasons to be
recorded in writing and with the prior permission of the authority
superior to the Tender Inviting Authority:
Provided that in no case shall the due date be advanced after
the publication of the notification or advertisement of the Request for
Expression of Interest (REOI):
Provided further that in cases where the tender documents
require the clearance of the Tamil Nadu Infrastructure Development
Board under the Tamil Nadu Infrastructure Development Act (Tamil
Nadu Act 22 of 2012), such reduction of time would have to be
specifically authorized by the Board.
-oOo-
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CHAPTER-IV.
REQUEST FOR QUALIFICATION.
29. Request for Qualification (RFQ).- (1) The Request for
Qualification (RFQ) called for under rule 4 is intended for the following
purposes, namely.-
(a) publicise the information on the Public Private Partnership
(PPP) Project and the services or infrastructure or both that the
Procuring Entity seeks to obtain;
(b) communicate the proposed timeframes and the qualification
criteria;
(c) ascertain the level of interest in the Project;
(d) provide an avenue through which prospective tenderers can
comment on the proposed Project; and
(e) allow the Procuring Entity to qualify Applicants who are
most capable of meeting project objectives over the project term for the
Request for Technical Proposal (RTP) stage or Request for Proposal
(RFP) stage or both.
(2) The Tender Inviting Authority preparing the Request for
Qualification (RFQ) shall ensure that,-
(a) the Request for Qualification (RFQ) contains sufficient
information to allow potential tenderers to form a view on whether
they have sufficient capabilities and to identify potential partners for
the Project; and
(b) the information requested from the Applicants is such that
the Procuring Entity is enabled to qualify the Applicants on that basis.
30. Contents of Request for Qualification (RFQ).- The
Request for Qualification (RFQ) document shall contain the following:
(a) a description of the Project and the estimated Total Project
Cost;
(b) a description of the stages of the tender process and the
proposed schedule of the Tender Proceedings;
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(c) the conditions of eligibility of Applicants, the information
sought from Applicants for qualification and the form and procedure of
the Application;
(d) a description of the parameters and method of evaluating
qualification of Applicants in order to identify Qualified Applicants that
have the requisite capability to take up the Project; and
(e) the criteria or conditions, if any, for the disqualification of
Applicants, such as, Conflicts of Interest and other relevant
considerations.
31. Eligibility of Applicants.- In addition to any other criteria
for eligibility that may be prescribed in the Request for Qualification
(RFQ) tender documents, in all cases, the following shall apply,
whether or not they have been specifically provided for in the
documents: -
(a) the Applicant may be a single entity or a consortium.
However, no Applicant applying individually or as a member of a
consortium, as the case may be, can be member of another Applicant;
(b) an Applicant may be a natural person, or a private entity, or
a combination thereof, or a combination with a public agency:
Provided that the public agency does not have a controlling
interest in such combination, either with an existing agreement or the
formal intent to enter into an agreement to form a consortium;
(c) no Applicant shall submit more than one application for the
same Project and an Applicant applying individually or as a member of
a consortium shall not be entitled to submit another application either
individually or as a member of any consortium, as the case may be.
32. Qualifying Criteria.- (1) The qualifying criteria used by the
Procuring Entity to evaluate the responses to the Request for
Qualification (RFQ) shall be objective, equitable, unambiguous, and
shall be clearly stated in the Request for Qualification (RFQ).
(2) The qualifying criteria shall cover the following aspects of the
Applicant:
(a) the Applicant’s experience and track record in delivering
projects of similar nature;
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(b) the Applicant’s ability to deliver against the physical aspects
of the Project including its ability and track record in delivering
services under long-term contractual arrangements.
(c) the capability of the Applicant to invest the capital that
would be needed for the Project:
(d) the ability of the Applicants to secure adequate funds on
competitive terms, since Projects normally requires the Concessionaire
to finance a substantial part of the Total Project Cost, if not the whole;
(e) the ability of the Applicant to support the contractual
arrangements over the contract term.
(3) Criteria for evaluation of financial capability shall be defined
in terms of any or all of the following,-
(a) net worth of the Applicant as described in the tender
documents;
(b) average annual turnover for a period not less than the
immediately preceding three years derived from audited financial
statements;
(c) average net cash accrual for a period not less than the
immediately preceding three years derived from audited financial
statements; and
(d) any other criteria relevant in the context of a particular
Project.
(4) Based on the nature of the Project, the Procuring Entity
may, in addition to the criteria prescribed in sub-rules (2) and (3),
specify qualifying criteria in relation to the following areas, namely:-
(a) Existing commitment of the Applicant and capacity to deliver
on the Project in addition to the existing commitments;
(b) Proposed team of experts, if the Project requires specialised
technical expertise; and
(c) Experience of Applicant or the proposed team for working in
local conditions where in the opinion of the Procuring Entity such
conditions are expected to have a material impact on the development
or operation of the proposed facility or service.
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(d) Any other criteria relevant in the context of a particular
Project.
(5) As far as may be practicable, the qualification criteria will be
specified on a pass or fail basis to enable objective evaluation of the
tenders.
Explanation:- For the purpose of sub-rule (5), a pass or fail test
would includes a test based on a marking system with a minimum
score requirement.
33. Schedule of Request for Qualification (RFQ).- (1) The
following minimum periods shall be allowed by the Tender Inviting
Authority while determining the schedule of Request for Qualification
stage:
(a) The due date shall ordinarily be not earlier than 8 (eight)
weeks from the date of advertisement or notification of the Request for
Qualification (RFQ) whichever is later;
(b) Pre-submission meeting, if any, shall be held at least 3
(three) weeks before the due date;
(c) The clarifications on the queries of Applicants shall be issued
not less than 1 (one) week before the due date; and
(d) Corrigenda or notifications of amendments in the Request
for Qualification (RFQ) shall be issued not less than 1 (one) week before
the due date.
(2) In exceptional cases, the Tender Inviting Authority may at
the time of issuing the Request for Qualifications (RFQ) reduce the
minimum time limits prescribed in sub-rule (1) for reasons to be
recorded in writing and with the prior permission of the authority
superior to the Tender Inviting Authority:
Provided that in no case shall the due date be advanced after
the publication of the notification or advertisement of the Request for
Qualification (RFQ):
Provided further that in cases where the tender documents
require the clearance of the Tamil Nadu Infrastructure Development
Board under the Tamil Nadu Infrastructure Development Act (Tamil
Nadu Act 22 of 2012), such reduction of time would have to be
specifically authorized by the Board.
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34. Removal of Conflict of Interest.- The Procuring Entity
may allow an Applicant, within 10 (ten) days after the due date, to
remove from its consortium any member who suffers from a Conflict of
Interest under rule 15, and such removal shall be deemed to cure the
Conflict of Interest arising in respect thereof.
35. Evaluation of Applications.- (1) The submitted Request
for Qualification (RFQ) Applications shall be evaluated by the Tender
Scrutiny and Evaluation Committee by using the qualifying criteria as
specified in the Request for Qualification (RFQ).
(2) The Applicants shall be assessed on the basis of whether
they achieve the pre-specified minimum pass or fail threshold.
Explanation:- For the purpose of sub-rule (2), a pass or fail test
would includes a test based on a marking system with a minimum
score requirement.
(3) Only those applicants who clear the threshold shall be
qualified for the next stage of the Tender Proceedings, as the case may
be.
36. Notification of Qualification.- (1) The Procuring Entity
shall promptly notify each Applicant in writing whether or not it has
been qualified.
(2) The Procuring Entity shall make available to any
person, the names of all Applicants that have been qualified.
(3) Only Applicants who have qualified are entitled to participate
further in the Tender Proceedings.
(4) The Tender Accepting Authority may decide not to proceed
further with the tender if the said authority is of the view that an
adequate number of applicants have not qualified to have a competitive
tender.
-oOo-
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CHAPTER-V.
REQUEST FOR TECHNICAL PROPOSAL.
37. Request for Technical Proposal (RTP).- (1) Subject to the
provisions of rule 5, where the Procuring Entity determines that a
Request for Technical Proposals (RTP) should be made prior to the
Request for Proposals, the Tender Inviting Authority shall issue a
Request for Technical Proposals to all qualified applicants.
(2) The Request for Technical Proposals (RTP) shall involve a
technical evaluation in the form of a pass or fail test, and only
submissions that pass the minimum technical criteria will be invited to
submit a Final Offer at the Request for Proposal (RFP) stage.
Explanation:- For the purpose of sub-rule (2), a pass or fail test
would includes a test based on a marking system with a minimum
score requirement.
(3) The Request for Technical Proposals (RTP) shall specify the
Minimum Technical Requirements (MTR), formulated based on the
Feasibility Study or detailed project study or such other study.
(4) The Minimum Technical Requirements (MTR) shall be a
description of outcomes that are sought to be achieved and not
necessarily the means by which they are to be achieved and to the
extent possible the Minimum Technical Requirements (MTR) shall be
technology and brand neutral.
(5) The Minimum Technical Requirements (MTR) shall
necessarily include the following:
(a) description of the scope of the Project; which shall
mean the physical facilities that need to be constructed, the
capacity of each such facility or its component and related aspects;
(b) output specifications; which shall include a description of
the target users, levels of service, quality standards and performance
parameters;
(c) the design and safety codes or standards that the facility
must comply to, including for management of social and
environmental impacts;
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(d) the operation requirements including the standards to be
followed for operations of the facility and provision of service including
standards for safety, security, labour relations, quality, monitoring,
reporting and dissemination, service levels to be offered to customers
including waiting times and standards for grievance redressal;
(e) maintenance requirements including the maintenance
standards and schedule for compliance; and
(f) testing and performance monitoring requirements specifing
the tests that would be carried out for performance monitoring and the
key performance indicators that would be monitored.
(6) The Request for Technical Proposal (RTP) shall ordinarily
require the Qualified Applicants to submit responses on the technical
solution, business solution and financial plan for implementing the
Project. The Procuring Entity shall define and document the specific
requirements for Technical Proposal for each Project in the Request for
Technical Proposal (RTP), which have not already been assessed at the
Request for Qualification (RFQ) stage and shall ordinarily include:
(a) Basic information about the Qualified Applicant:
(i) Corporate information about the Qualified Applicant;
(ii) Constitutional documents of the Qualified Applicant;
(iii) Annual reports (if required);
(iv) Details about business activities including number of
years of operation, certifications, tie ups and similar
arrangements; and
(v) Any other documents considered relevant.
(b) Experience of the Applicant, relevant to the Project:
(i) Details of the project experience; and
(ii) Certificates and other documentation supporting the
project experience;
(c) Approach and methodology for implementation of the
Project, including:
(i) Understanding of the scope of work;
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(ii) Technical solution proposed or the approach for
implementation of the Project;
(iii) Activity plan and schedule;
(iv) Details of the facility or service proposed;
(v) Brief construction plan; and
(vi) Brief operations and maintenance plan;
(d) Business plan for implementation of the Project, including.-
(i) Organisation structure of the Concessionaire;
(ii) Marketing plan;
(iii) Environmental and social impact management plan;
(iv) Tie-ups and associations; and
(v) Identification of risks and risk management plan.
(e) Financial plan for implementation of the Project, including.-
(i) Sources of finances and their expected boundary
conditions;
(ii) Plan for financial sustainability of the Public Private
Partnership (PPP) Project; and
(iii) Projected financial assessments and key assumptions.
(7) Each of the parameters shall be clearly defined for
evaluation of the Technical Proposal and assigned a maximum score.
(8) The threshold or cut-off score for the pass or fail test
based on Minimum Technical Requirements shall be pre-determined
and specified in the Request for Technical Proposal (RTP).
38. Schedule of Request for Technical Proposal (RTP).-
(1) The following minimum period shall be allowed by the Tender
Inviting Authority while determining the schedule of the Request for
Technical Proposal (RTP) stage:
(a) The due date shall not be less than 6 (six) weeks from the
date of issue of the Request for Technical Proposal (RTP);
(b) Pre-submission meeting shall be held at least 3 (three) weeks
before the due date;
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(c) The clarifications on the queries of Qualified Applicants shall
be issued not less than 1 (one) week before the due date; and
(d) Corrigenda or notifications of amendments in the Request
for Technical Proposal (RTP) shall be issued not less than 1 (one) week
before the due date.
(2) In exceptional cases, the Tender Inviting Authority may at
the time of issuing the Request for Technical Proposal (RTP) reduce the
minimum time limits prescribed in sub-rule (1) for reasons to be
recorded in writing and with the prior permission of the authority
superior to the Tender Inviting Authority:
Provided that in no case shall the due date be advanced after
the issue of invitation of the Request for Technical Proposal (RTP).
Provided further that in cases where the tender documents
require the clearance of the Tamil Nadu Infrastructure Development
Board under the Tamil Nadu Infrastructure Development Act (Tamil
Nadu Act 22 of 2012), such reduction of time would have to be
specifically authorized by the Board.
39. Technical Evaluation.- (1) The submitted Technical
Proposals shall be evaluated by the Tender Scrutiny and Evaluation
Committee as per the criteria laid down in the Request for Technical
Proposals (RTP).
(2) The Technical Proposals shall be evaluated on the basis of
whether they achieve the minimum threshold or cut-off score specified
in accordance with sub-rule (7) of rule 37.
40. Notification of passed Technical Proposals to Qualified
Applicants.- (1) The Procuring Entity shall promptly notify each
Qualified Applicant whether or not the Technical Proposal submitted
by it has passed.
(2) Only Qualified Applicants whose Technical Proposals have
passed shall be entitled to participate further in the Tender
Proceedings.
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41. Combining Request for Technical Proposal with Request
for Proposal.- (1) For cases not covered under sub-rule (1) of rule 37 to
optimize cost and effort when the Project does not merit a separate
stage of Request for Technical Proposal (RTP), the Procuring Entity may
combine the Request for Technical Proposal (RTP) stage with the
Request for Proposal (RFP) stage to ensure price competition through
adequate number of tenders.
(2) For cases covered under sub-rule (1), the Technical Proposal
and the Final Offer shall be submitted in separate sealed envelopes.
(3) The Tender Inviting Authority shall open only the Technical
Proposal for evaluation on the due date and time.
(4) The Technical Proposal shall be evaluated based on the
technical parameters announced in the Request for Proposal (RFP) and
list of technically qualified tenderers announced.
(5) The Final Offers of only the technically qualified tenderers
shall be opened, after due intimation of the time and place of opening
and evaluated.
(6) In the event that Request for Technical Proposal (RTP) stage
is proposed to be combined with the Request for Proposal (RFP)
stage, the Procuring Entity shall ensure that the relevant provisions of
rule 37 are reflected in the Request for Proposal (RFP).
-oOo-
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CHAPTER-VI.
REQUEST FOR PROPOSAL.
42. Request for Proposal (RFP).- (1) The Tender Inviting
Authority shall prepare the Request for Proposal (RFP) and the Draft
Concession Agreement and issue it to all the qualified applicants.
(2) The Request for Proposal (RFP) shall solicit the binding Final
Offer from tenderers in a separate sealed cover.
(3) The Request for Proposal (RFP) shall contain the following.-
(a) Feasibility Report or Project Information Memorandum or
both which will provide such information to tenderers as is required to
evaluate the Project and estimate their Final Offer including:
(i) Project objectives and rationale;
(ii) Site details;
(iii) Role of the public agency and stakeholders;
(iv) Project scope in accordance with rule 43; and
(v) Output specifications;
(b) Instruction to Tenderers which would define the process of
tender submission and evaluation. This section shall include all
procedures, terms and conditions which should be followed by the
Tenderers for submission of their tenders and which would be followed
by the Procuring Entity in accepting and evaluating the Tenders;
(c) The draft Concession Agreement which shall govern the
contractual relations between the Concessionaire and the Procuring
Entity detailing the rights and obligations of both the parties,
definition of the subject matter of the agreement, payment terms,
performance obligations, defaults and their consequences, events of
termination and other ancillary clauses as provided in Schedule-I of
this rule.
(4) In case of any discrepancy between the Project Information
Memorandum or the Feasibility Study Report and the Draft Concession
Agreement, the Draft Concession Agreement shall prevail.
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43. Project Scope.- (1) The Procuring Entity shall set out the
detailed description of the Public Private Partnership (PPP) Project and
the project scope in the Request for Proposal (RFP).
(2) To the extent practicable, the description of the Project and
project scope shall be objective, functional and generic, and shall set
out the relevant technical, quality and performance characteristics
expected.
(3) There shall be no requirement for or reference to a particular
trademark or trade name, patent, design or type, specific origin or
producer unless there is no sufficiently precise or intelligible way of
describing the characteristics of the project scope and specifications
and provided that words such as “or equivalent” are included.
44. Revenue Sharing or Revenue Support Mechanisms.-
(1) While preparing the draft Concession Agreement for any project,
the Procuring Entity taking note of the monopoly nature of the public
service to be provided by the Concessionaire under a Public Private
Partnership (PPP) Project shall specifically consider whether to provide
for revenue sharing or revenue support mechanisms within the
Concession Agreement and if considered necessary, include necessary
provisions in the Agreement.
(2) The revenue-sharing or revenue support mechanism for the
Project should be designed in such a way as to ensure that:
(a) the Concessionaire does not enjoy super-normal or wind fall
profits and at the same time does not suffer due to unforeseen
revenue-side risks.
(b) the mechanism does not curtail private efficiency and at the
same time does not compensate the Concessionaire for risks rightfully
meant to borne by the Concessionaire under the Concession
Agreement.
45. Appointment and Role of Independent Auditor.-
(1) While preparing the draft Concession Agreement for any project,
the Procuring Entity shall specifically consider the need to appoint an
Independent Auditor for the project and if considered necessary,
include necessary provisions in the Agreement.
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(2) An Independent Auditor shall be appointed with the specific
prior concurrence of the Procuring Entity and shall not be removed or
replaced without the approval of the Procuring Entity.
(3) The Independent Auditor’s scope of work shall be specified in
the Concession Agreement and shall inter-alia include certifying the
accuracy and correctness of any financial calculations or claims
required to be made by Concessionaire under the Concession
Agreement.
(4) The Independent Auditor shall prepare and submit to the
Procuring Entity a quarterly report and such other special reports as
the Procuring Entity may seek.
(5) An indicative scope of work for the Independent Auditor is
provided for guidance in Schedule-II of this rule.
46. Appointment and Role of Independent Engineer.-
(1) While preparing the draft Concession Agreement for any project,
the Procuring Entity shall specifically consider the need to appoint an
Independent Engineer for the project and if considered necessary,
include necessary provisions in the Agreement.
(2) The Independent Engineer’s scope of work shall be specified
in the Concession Agreement and shall inter-alia include:
(a) Review, inspection and monitoring of construction works,
examination of the designs / drawings and conduct of tests;
(b) Issue of progress reports and completion certificates during
and after completion of the construction period;
(c) Review and inspection of the operations and maintenance
arrangements and monitoring compliance with the performance and
maintenance standards, during the operations period;
(d) Identifying delays and lapses that require action on part of
the Procuring Entity for enforcing the agreement terms;
(e) Determining the reasonableness of costs for any works or
services, as required under the Concession Agreement;
(f) Determining the period or extension thereof, for performing
any duty or obligations, as required under the Concession Agreement;
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(g) Carrying out such responsibilities as are assigned by the
Procuring Entity.
(3) The Independent Engineer shall prepare and submit to the
Procuring Entity a monthly progress report.
(4) An indicative scope of work for the Independent Engineer is
provided for guidance in Schedule-III of this rule.
(5) The Independent Engineer shall, at the close of the
Concession Agreement, take stock of the asset to be reverted to the
Procuring Entity and submit a report on the same in comparison to the
asset handed over for operation at commercial operations date and the
value addition made thereon.
47. Role of Lead Financial Institution.- (1) While preparing
the draft Concession Agreement for any project, the Procuring Entity
shall specifically consider the need to include a provision to require the
Concessionaire to identify a Lead Financial Institution and if
considered necessary, include necessary provisions in the Agreement.
(2) Subject to sub rule (1), the Concession Agreement shall
have provisions requiring the submission of quarterly reports by Lead
Financial Institution to the Procuring Entity on the following aspects,-
namely:-
(a) Financial progress,
(b) Statement of debt and equity contribution, and
(c) Any other relevant financial information, as required.
48. Treatment of Variation.- (1) The Concession Agreement
shall provide that day-to-day operational variations which have no
material impact on the project variables should be managed by the
Concessionaire.
(2) The Concession Agreement may provide for the procedure for
amending the Agreement as a consequence for known variations, and
day-to-day operational variations that are likely to have a material
impact on the Project.
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(3) Such procedures for amendment shall take note of the
nature of variation and its impact on contract terms and in case of
material variations in contract terms, require an additional value for
money assessment to be undertaken.
49. Evaluation Criteria.- (1) The Request for Proposal (RFP)
shall specify the commercial conditions of the Tender and the single
criterion for the Final Offer which would be used to determine the
Lowest Tenderer.
(2) The single criterion specified in the Request for Proposal
(RFP) for the Final Offer may be any one or a combination of the
following:
(a) state support sought;
(b) expected revenue including from sources such as property
development and advertisement;
(c) tariff;
(d) present value of lifecycle cost;
(e) period of the concession;
(f) upfront premium;
(g) equity stake;
(h) share of subsidized facilities to the Procuring Entity;
(i) revenue share;
(j) lease rent;
(k) annuity payment;
(l) any other financial criterion relevant to the project;
(3) The Request for Proposal (RFP) shall clearly and specifically
define the form and content of the Final Offer and state that the Lowest
Tenderer shall be selected on the basis of the most advantageous Final
Offer.
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50. Schedule of Request for Proposal (RFP).- (1) The following
minimum periods shall be followed by the Tender Inviting Authority
while determining the schedule of the Request for Proposal (RFP) stage:
(a) The due date shall be no later than 8 (eight) weeks from the
date of advertisement or notification of the Request for Proposal (RFP)
whichever is later;
(b) Pre-submission meeting shall be held not less than 4 (four)
weeks before the due date;
(c) The clarifications on the queries of Qualified Applicants shall
be issued not less than 2 (two) weeks before the due date; and
(d) Corrigenda or notifications of amendments in the Request
for Proposal (RFP) or Draft Concession Agreement shall be issued not
less than 1 (one) week before the due date.
(2) In exceptional cases, the Tender Inviting Authority may at
the time of issuing the Request for Propsoal (RFQ) reduce the minimum
time limits prescribed in sub-rule (1) for reasons to be recorded in
writing and with the prior permission of the authority superior to the
Tender Inviting Authority:
Provided that in no case shall the due date be advanced after
such date and time has been notified to the Qualified Applicants or
Tenderers:
Provided further that in cases where the tender documents
require the clearance of the Tamil Nadu Infrastructure Development
Board under the Tamil Nadu Infrastructure Development Act (Tamil
Nadu Act 22 of 2012), such reduction of time would have to be
specifically authorized by the Board.
51. Data Room.- (1) In cases where the Procuring Entity is of
the view that the Project requires substantial project related data to be
made available to the prospective tenderers, the Procuring Entity shall
maintain either a physical or a virtual data room or both where
project-specific information shall be maintained.
(2) The data room shall be maintained in a single physical
location or website, for a limited period of time, where the Tenderers
shall be permitted only to review such documents, which are otherwise
not distributed.
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(3) All qualified applicants or prospective tenderers, as the case
may be, shall be allowed to access the data room.
(4) The data room will be maintained by the Procuring Entity
until the completion of the Request for Proposal (RFP) stage.
(5) The location and rules for accessing the data room shall be
stated in the Request for Proposal (RFP).
52. Site Visit.- (1) If the Public Private Partnership (PPP)
Project involves important site-related issues, a site visit shall be
organised early in the Request for Proposal (RFP) stage.
(2) All qualified applicants or prospective tenderers, as the case
may be, shall be invited to undertake the site visit.
(3) Non-discriminatory access to the site facilities based on prior
requests by the qualified applicants or prospective tenderers may also
be allowed by the Tender Inviting Authority to the extent practicable
and considered necessary.
53. Change in Composition of Consortium.- (1) Where the
Tenderer is a consortium, change in the composition of a consortium
may be permitted by the Procuring Entity prior to the due date, only
where:
(a) The application for such change is made not later than 15
(fifteen) days prior to the due date;
(b) The lead member of the consortium remains unchanged;
(c) Based on requirement, a substitute is proposed at least
equal, in terms of financial or technical capacity or both, to the
consortium member who is sought to be substituted;
(d) The modified consortium continues to meet the pre-
qualification and short-listing criteria for the Tender Proceedings;
(e) The new member or members expressly adopt the Responses
already made on behalf of the consortium as if party to it originally;
and
(f) The new member or members do not have a Conflict of
Interest in terms of rule 15.
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(2) Approval for change in the composition of a consortium shall
be at the sole discretion of the Procuring Entity and shall be
communicated by the Procuring Entity to the Tenderer in writing.
(3) The reconstituted consortium shall submit a revised
agreement before the due date.
54. Effectiveness of Tenders.- (1) Tenders shall be in effect
during the period of time specified in the Request for Proposal (RFP).
(2) Prior to the expiry of the period of validity of Tenders, the
Procuring Entity may request Tenderers to extend the period for an
additional specified period of time. A Tenderer may refuse the request
without forfeiting its Earnest Money Deposit (EMD).
(3) If a Tenderer agrees to extend the period of validity of its
Tender, the Procuring Entity shall procure an extension of the period of
effectiveness of Earnest Money Deposit (EMD) as provided by such
Tenderer or call for new Earnest Money Deposit (EMD) for the
additional specified period of time.
(4) If a Tenderer has not extended the Earnest Money Deposit
(EMD), or has not provided a fresh Earnest Money Deposit (EMD), it
shall be considered as refusal of the request to extend the period of
effectiveness of its Tender.
55. Evaluation of Tenders.- (1) Evaluation of submitted
Tenders shall be carried out by the Tender Scrutiny and Evaluation
Committee.
(2) The Tender evaluation shall follow the pre-determined
criteria as specified in the Request for Proposal (RFP).
56. Selection of the Lowest Tenderer.- (1) All qualified
tenders adjudged responsive shall be ranked in accordance with the
evaluation criterion specified in Request for Proposal (RFP) and the
Tenderer with the financially most advantageous Final Offer shall be
the Lowest Tenderer.
(2) Subject to the provisions of sub section (3) of section 10 of
the Act, the Tender Accepting Authority may negotiate with the Lowest
Tenderer for a further improvement of the Final Offer:
Provided that there shall be no negotiation on or changes to the
provisions of the draft Concession Agreement.
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(3) In the event that the Lowest Tenderer identified in
accordance with sub-rule (1) is rejected in accordance with sub-section
(4) of section 10 of the Act or withdraws, the Tender Accepting
Authority may, in the second round of bidding invite all the remaining
Tenderers to revalidate or extend their respective Earnest Money
Deposit (EMD), as necessary, and match the Tender of the aforesaid
Lowest Tenderer.
(4) If in the second round of bidding, only one Tenderer matches
the aforesaid Lowest Tenderer, such Tenderer shall be selected the
Lowest Tenderer. If in the second round of bidding, two or more
Tenderers match the said Lowest Tenderer then the Tenderer whose
Tender was lower or more advantageous as compared to other
Tenderers in the first round of bidding shall be selected as the Lowest
Tenderer.
Illustration: If the third and fifth ranked Tenderers in the first
round of bidding offer to match the said first ranked Tenderer in the
second round of bidding, the said third rank Tenderer shall be the
Lowest Tenderer.
(5) In the event that no Tenderer offers to match the Lowest
Tenderer in the second round of bidding as specified under this rule,
the Tender Accepting Authority may for reasons to be recorded in
writing, initiate a third round of bidding in which the said authority
invites from all tenderers except the Lowest Tenderer of the first round
of bidding or annul the tender process, as the case may be.
(6) In case, the Tenderers are invited for the third round of
bidding, they will be required to revalidate or extend their tender
security, as necessary, and offer fresh offers.
Provided, however, that in such third round of bidding only
such offers shall be eligible for consideration which are lower than the
tender of the second Lowest Tenderer in the first round of bidding.
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57. Treatment of Two Equal Tenders.- In the event that two
or more Tenderers have quoted the same Final Offer, the Lowest
Tenderer shall be identified by adopting one of the following
approaches, which shall be pre-specified in the Tender Documents:
(a) by taking into account the aggregate experience score of
each such tenderer from the Request for Qualification (RFQ) stage,
wherein the Tenderer with higher score shall be adjudged the Lowest
Tenderer; or
(b) by asking the Tenderers who have quoted the same Final
Offer to provide their best and final offer. The Tenderer offering the
most advantageous Final Offer at this stage shall be adjudged the
Lowest Tenderer.
58. Treatment of Speculative Tenders.- (1) The Tender
Accepting Authority may reject a tender if it has determined that the
financial bid in combination with other constituent elements of the
tender is abnormally low or abnormally high in relation to the subject
matter of the procurement and raises concerns with such authority as
to the ability of the Tenderer to perform the Public Private Partnership
(PPP) contract.
(2) Before arriving at a determination under sub-rule (1), the
Tender Accepting Authority may in writing seek such other information
from the Tenderers as it considers relevant:
(3) The decision of the Tender Accepting Authority to reject a
submission in accordance with this rule and the reasons for that
decision, and all communications with the Tenderer under this rule
shall be included in the record of the Tender Proceedings.
(4) The decision of the Tender Accepting Authority and the
reasons therefor shall be promptly communicated to the Tenderer
concerned.
59. Tender Finalization and Award.- (1) The results of
evaluation of tenders shall be submitted to the Tender Accepting
Authority for approval.
(2) The Lowest Tenderer shall be notified by the Tender Inviting
Authority after obtaining approval of the Tender Accepting Authority.
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(3) On receipt of approval of the Tender Accepting Authority,
the Tender Inviting Authority shall communicate to other Tenderers
about the selection of the Lowest Tenderer, and its intention to
execute the Concession Agreement with the Lowest Tenderer.
(4) After selection, a Letter of Award (LOA) shall be issued, in
duplicate, by the Procuring Entity to the Lowest Tenderer with the
condition that the Lowest Tenderer shall, within 7 (seven) days of the
receipt of the Letter of Award (LOA), sign and return a duplicate copy of
the Letter of Award (LOA) in acknowledgement thereof.
(5) Subject to fulfilment of the requirements specified in the
Request for Proposal (RFP) and of the Letter of Award (LOA) the Lowest
Tenderer will be required to enter into a Concession Agreement with
the Procuring Entity and the Procuring Entity shall execute the
Concession Agreement with the Lowest Tenderer.
60. Monitoring of Concession Agreement.- (1) Procuring
Entity that enters into a Concession Agreement shall make adequate
institutional arrangements to monitor the performance of the
Concessionaire under such agreement.
(2) Such arrangements shall include the receipt, study and
corrective action based on the reports of the Independent Engineer and
Independent Auditor.
61. Change in Ownership.- (1) In the event that the Lowest
Tenderer is a consortium, the members of such consortium shall
collectively hold such proportion of the issued and paid up share
capital of the Concessionaire for the term of the Concession and at
stages as may be specified in the Concession Agreement:
Provided that such proportion shall not be less than 51% (fifty
one percent).
(2) In the event of a change of a member of a consortium or an
Associate whose technical capacity or financial capacity or both was
taken into consideration for the purposes of pre-qualifying the
Tenderer, prior to the signing of the Concession Agreement, the
tenderer shall inform the authority forthwith along with all
relevant particulars about the same and the Procuring Entity may, at
its sole discretion, disqualify the tenderer or terminate the Letter of
Award (LOA), as the case may be, and also forfeit the Earnest Money
Deposits (EMD) or the performance security.
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(3) In the event of a change as described in sub-rule (2)
occurs after signing of the Concession Agreement but prior to
Financial Closure of the Public Private Partnership (PPP) Project, it
would, notwithstanding anything to the contrary contained in the
Concession Agreement, be deemed to be a breach thereof, and the
Concession Agreement shall be liable to be terminated without the
Procuring Entity being liable in any manner whatsoever to the
Concessionaire.
-oOo-
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SCHEDULE-I.
[see rule 42(3)(c)]
PROVISIONS OF THE DRAFT CONCESSION
AGREEMENT.
The provisions of the draft Concession Agreement shall
inter-alia necessarily cover:
(i) Recitals- identifying the parties to the contract, offer
and acceptance;
(ii) Definitions- defining the key terms of the contract to
ensure uniformity of usage and interpretation
throughout the document;
(iii) Scope of the Public Private Partnership (PPP) Project;
(iv) Grant of concession, whereby the Procuring Entity
grants the concession to the Concessionaire subject
to the terms and conditions of the Concession
Agreement;
(v) Conditions precedent;
(vi) Obligations of the Concessionaire;
(vii) Obligations of the Procuring Entity;
(viii) Representations and warranties of both the parties;
(ix) Form and value of Performance Security to be
submitted by the Concessionaire;
(x) Matters related to the site;
(xi) The construction of the facility including Minimum
Technical Requirements thereof, date for completion of
construction etc.;
(xii) Performance monitoring during construction including
key performance indicators, monitoring
responsibilities and related provisions;
(xiii) Completion of construction including provisions for
testing, approval and certification;
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(xiv) Change in scope during the contract period;
(xv) Operation and maintenance of the facility and
provision of service including minimum technical
requirements;
(xvi) Performance monitoring during operations and
maintenance including key performance indicators,
monitoring and reporting responsibilities and related
provisions;
(xvii) Appointment, role and functions, remuneration and
reporting requirements of Independent Engineer and
Independent Auditor;
(xviii) Financial close;
(xix) State support, grant expected or revenue share or
premium to be paid;
(xx) Payments by users, authority for tariff fixation,
procedure of revision of tariff and related provisions;
(xxi) Collection of user charges, including allocation of the
authority to collect and retain user charges;
(xxii) Financial aspects of the contract including escrow
account, other payments between the parties to the
contract;
(xxiii) Maintenance of books of accounts and audit
requirements;
(xxiv) Insurance;
(xxv) Force Majeure – definition, procedure for recognition
under the contract, consequences and compensation
on termination due to occurrence of Force Majeure
events;
(xxvi) Events of default and consequences of default;
(xxvii) Termination of the contract and consequences of
termination;
(xxviii) Assignments and charges;
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(xxix) Change in law including consequences for change in
law;
(xxx) Liability and indemnity; and
(xxxi) Dispute resolution.
-oOo-
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SCHEDULE-II.
[see rule 45(5)]
SCOPE OF WORK FOR INDEPENDENT AUDITOR.
(1) The role of the Independent Auditor would encompass:
(a) Advising Procuring Entity in the calculation of all financial
parameters of the Project including the Total Cost of the Project,
Returns and Recovery accounting and shall provide, at the end of each
financial year, a certificate confirming the accuracy of all calculations
made during the relevant financial year.
(b) Verification of the records and invoices provided by the
Concessionaire and shall advise the Procuring Entity of the results of
his quarterly audit within one month after the end of the relevant
quarter.
(2) The scope of work as envisaged will be carried out during
two different stages of the project.
- Construction Stage.
- Operation Stage.
(3) The Independent Auditor would carry out the work specified
as scheduled above and would employ qualified and experienced
person of the type and nature as desirable to carry out the assignment.
(4) The appointment of the Independent Auditor would be for a
period of three years initially and could be extendable as mutually
agreed between the parties concerned.
(5) The Independent Auditor would employ a team of qualified
Chartered Accountants / Cost Accountants / other professions as may
be relevant to carry out the assignment besides other support
personnel as may be desirable.
(6) The Concessionaire will be required to provide all the
necessary information as may be required by the Independent Auditor
and will provide access to all the records as may be necessary to enable
the Independent Auditor to carry out their responsibilities.
-oOo-
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SCHEDULE-III.
[see rule 46(4)]
SCOPE OF WORK FOR INDEPENDENT ENGINEER.
1. Scope.- (1) Indicative Terms of Reference for the Independent
Engineer [the “Indicative Terms of Reference (TOR)”] for development of
the […] Public Private Partnership (PPP) Project. The Public Private
Partnership (PPP) Project is contemplated for [...].
(2) Terms of Reference (TOR) shall apply to construction,
operation and maintenance of the Public Private Partnership (PPP)
Project and Project Assets (Civil Structures, Plant and Machinery, any
other as defined in Concession Agreement).
2. Role and functions of the Independent Engineer.- (1) The
role and functions of the Independent Engineer shall include the
following:
(a) Review of the Drawings and Documents;
(b) Review, inspection and monitoring of Construction Works;
(c) Review, inspection and testing of Civil Works, Plant and
Machinery;
(d) Conducting Tests on completion of construction and issuing
Completion / Provisional Certificate;
(e) Review, inspection and monitoring of Operation and
Maintenance (O&M);
(f) Determining the costs of any works or services and / or their
reasonableness;
(h) Determining the period or any extension thereof, for
performing any duty or obligation; and
(i) Assisting the Parties in resolution of disputes.
(2) The Independent Engineer shall discharge his duties in a
fair, impartial and efficient manner, consistent with the highest
standards of professional integrity and Good Industry Practice.
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3. Termination.- The Independent Engineer shall inspect the
Project Assets in accordance with the Exit Strategy.
4. Reporting Requirement.- The Independent Engineer shall
prepare and submit to the Project Management Facility (PMF) of
Procuring Entity 3 (three) copies and Concessionaire 2 (two) copies
each of the following reports:
(a) Design Review Phase: Monthly Progress Report.
(b) Construction Phase: Monthly and Quarterly Inspection
Report covering all aspects such as Progress Monitoring, Quality
Assurance (QA) / Quality Control (QC) etc.
(c) Operation and Maintenance Phase:
(i) Monthly and Quarterly report on existing condition of facility
including advise on all aspects of Operation and Maintenance, Toll
Booths, Bridges or other Structures, Traffic Management and Safety,
Telephone, Ambulance, etc.; and
(ii) Monthly report on audit of the traffic using the Public Private
Partnership (PPP) Project Highway at least once a month;
(d) Various other reports as provided in the Concession
Agreement such as Completion Report.
-oOo-
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[Blank Page]
NOTIFICATIONS ISSUED UNDER CLAUSE (f) OF
SECTION 16 OF THE TAMIL NADU
TRANSPARENCY IN TENDERS ACT, 1998
(TAMIL NADU ACT 43 OF 1998).
[Blank Page]
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NOTIFICATIONS ISSUED UNDER CLAUSE (F) OF SECTION 16 OF THE
TAMIL NADU TRANSPARENCY IN TENDERS ACT, 1998
(TAMIL NADU ACT 43 OF 1998).
1. The National Textile Corporation, Coimbatore for purchase of
uniform cloth by Police Department.
[TNGGE No.329 / 17-5-2002 (No.II/(2)FIN/426(a)/2002) - G.O.Ms.No.179 / 17th May, 2002].
2. The Ordnance Factory and the Defence Research and Development
Organisation of the Ministry of Defence, Government of India and
the Bureau of Police Research and Development Organisation of
the Ministry of the Home Affairs, Government of India for
purchase of defence and security related items by Director
General of Police.
[TNGG No.22 / 4-6-2003 (No.II(2)/FIN/395/2003) - G.O.Ms.No.166 / 28th May, 2003].
3. The procurement of weaning food directly from Women’s Industrial
Co-operative Societies to the extent of 65% of the requirement or
upto the optimum level that could be supplied by the said
societies whichever is less and entrustment of work relating to
stitching of school uniforms intended for free supply to school
going children to the Women’s Co-operative Tailoring Societies
registered with the Directorate of Social Welfare as on the date of
entrustment of work.
[TNGGE No.50A / 16-2-2007 (No.II(2)/FIN/83(d)/2007) - G.O.Ms.No.63 / 16th Feb., 2007].
4. The Tamil Nadu Salt Corporation Limited, Chennai for the purpose
of said section to supply of Double Fortified Salt to all the
Nutritious Meal Programme Centres in all the Districts so as to
enable the Government to procure the entire quantity of Double
Fortified Salt required for the Nutritious Meal Programme
Centres under Puratchi Thalaivar MGR Nutritious Meal
Programme.
[TNGGE No.162A / 12-6-2007 (No.II(2)/FIN/295(d)/2007) - G.O.Ms.No.239 / 12th June, 2007].
NOTIFICATIONS ISSUED UNDER CLAUSE (f) OF SECTION 16 OF THE
TAMIL NADU TRANSPARENCY IN TENDERS ACT, 1998.
102
5. The procurement of wooden and steel furniture including
computer furniture from Tamil Nadu Small Industries
Corporation Limited (TANSI), by the Government Departments,
Public Sector Undertakings, Statutory Boards, Local Bodies,
Co-operative Institutions, Universities and Societies formed by
Government and the Tamil Nadu Small Industries Corporation
Limited (TANSI) shall effect the supplies within the time
stipulated by the procuring entities.
[TNGGE No.253 / 29-8-2007 (No.II(2)/FIN/520(a)/2007) - G.O.Ms.No.401 / 29th August, 2007].
6. The entrustment to the Anna University, Chennai the work of
redesigning the Perambur fly-over with the assistance of a
suitable consultant.
[TNGGE No.276 / 1-10-2007 (No.II(2)/FIN/586(d)/2007) - G.O.Ms.No.472 / 1st October, 2007].
7. The works taken up under Namakku Naame Thittam be entrusted
to the contributors themselves on optional basis in respect of the
works in which the Government contribution is 50% or less in
terms of the value of the work.
[TNGGE No.315 / 14-11-2007 (No.II(2)/FIN/722(d)/2007) - G.O.Ms.No.548 / 14th November, 2007].
8. Appointment of Delhi Metro Rail Corporation Limited, a joint
venture of Government of India and Government of Delhi, as
Interim Consultants for a period of one year and subsequently as
Prime Consultants for Chennai Metro Rail Project.
[TNGGE No.43 / 13-02-2008 (No.II(2)/FIN/109(a)/2008) - G.O.Ms.No.45 / 13th February, 2008].
9. The procurement of indigenous coal by Tamil Nadu Electricity
Board from the Public Sector Undertakings of Government of
India at the prices as notified by the Government of India and
import of coal through Central Public Sector Undertakings which
have been in the business of importing coal and supplying to
Government owned power utilities, at the price negotiated with
the concerned Central Public Sector Undertakings or import of
coal through Tamil Nadu Newsprint and Papers Limited,
procured by means of competitive bidding, without prejudice to
the right of Tamil Nadu Electricity Board to procure imported
coal through competitive bidding as per the said Act.
[TNGGE No.121 / 28-04-2008 (No.II(2)/FIN/216(e)/2008) - G.O.Ms.No.172 / 28th April, 2008 and amendment TNGGE
No.229 / 28-08-2009 (No.II(2)/FIN/447(d)/2009)-G.O.Ms.No.417/28th Aug, 2009)].
NOTIFICATIONS ISSUED UNDER CLAUSE (f) OF SECTION 16 OF THE
TAMIL NADU TRANSPARENCY IN TENDERS ACT, 1998.
103
10. The award of execution of works by the Tamil Nadu Electricity
Board under Rajiv Gandhi Grameen Vidyutikaran Yojana in 26
districts of Tamil Nadu and all future works under Rajiv Gandhi
Grameen Vidyutikaran Yojana to M/s.Tamil Nadu Small
Industries Corporation, a Government of Tamil Nadu
Undertaking on total turn-key contract basis.
[TNGGE No.187 / 16-06-2008 (No.II(2)/FIN/286(d)/2008) - G.O.Ms.No.242 / 16th June, 2008].
11. The procurement of services of training by Government
Departments and other procuring entities under the said Act
from the State Government and the Government of India
Educational and Training Institutes and the Universities
established by the State and Central Government.
[TNGGE No.300 / 7-10-2008 (No.II(2)/FIN/456(d)/2008 - G.O.Ms.No.437 / 07th October, 2008].
12. The procurement of milk and milk products from the Tamil Nadu
Co-operative Milk Producers Federation (Aavin) and controlled
essential commodities such as Rice, Wheat, Sugar, Rava and
Maida from the Tamil Nadu Civil Supplies Corporation Limited by
the Prison Department subject to the condition that the said
Corporation shall supply Rice at above poverty line rate fixed by
the Government of India.
[TNGGE No.342 / 11-11-2008 (No.II(2)/FIN/526(h)/2008) - G.O.Ms.No.483 / 11th November, 2008].
13. The appointment of the Centre of Environmental Studies , Anna
University, Guindy, Chennai-600 025 as the consultant for a
period of 4 months to assess the Environmental Impact to the
new complex for the Tamil Nadu Legislative Assembly to be
constructed by the Public Works Department.
[TNGGE No.353 / 19-11-2008 (No.II(2)/FIN/551(a)/2008) - G.O.Ms.No.500 / 19th November, 2008].
14. The award of construction of the Dairy-cum-powder plant with a
capacity of 2.00 Lakhs Litre per day with 20 metric tonnes of
powder plant at Thiruvannamalai on turn-key basis to the
National Dairy Development Board by the Commissioner for Milk
Production and Dairy Development.
[TNGGE No.377 / 18-12-2008 (No.II(2)/FIN/608(c)/2008) - G.O.Ms.No.540 / 18th December, 2008].
NOTIFICATIONS ISSUED UNDER CLAUSE (f) OF SECTION 16 OF THE
TAMIL NADU TRANSPARENCY IN TENDERS ACT, 1998.
104
15. The appointment of the “Tamil Nadu Urban Infrastructure
Financial Services Limited” as consultant to render advice to the
Tourism and Culture Department for the “Miniature Tamil Nadu”
project till the completion of the works.
[TNGGE No.5 / 06-01-2009 (No.II(2)/FIN/(c)/2009) - G.O.Ms.No.4 / 06th January, 2009].
16. The procurement of provision of Common User Group Mobile
Phone services from Bharat Sanchar Nigam Limited(BSNL) by the
Tamil Nadu Police Department.
[TNGGE No.10 / 07-01-2009 (No.II(2)/FIN/22(b)/2009) - G.O.Ms.No.7 / 07th January, 2009].
17. The entrustment of the project on Geographical Information
System (GIS) by the Public (Elections-II) Department for Electoral
Rolls updation, rationalization of Polling Stations as per the
terms and conditions of the orders issued in Government Order
Ms.No. 88, Public(Elections-II) Department, dated 22-01-2009 in
all the districts of Tamil Nadu except Thiruvallur district to the
Bharathidasan University, Tiruchirappalli.
[TNGGE No.48 / 23-02-2009 (No.II(2)/FIN/80(d )/2009) - G.O.Ms.No.73 / 23rd February, 2009].
18. The procurement of groceries [other than the commodities viz.,
Rice, Wheat. Sugar, Rava and Maida notified in the G.O.
Ms.No.483, Finance (Salaries) Department, dated 11-11-2008]
and vegetables required by the Prison Department directly from
the Co-operative Societies.
[TNGGE No.82 / 24-03-2009 (No.II(2)/FIN/136(d-1)/2009) - G.O.Ms.No.115 / 24th March, 2009].
19. The appointment of the Tamil Nadu Road Development Company
Limited (TNRDC) as the Managing Associate, for the work of
calling for tenders and co-ordination of the execution of works
during the period of construction of Outer Ring Road from
Vandalur to Nemilichery under Build, Operate and Transfer -
Annuity basis, as per the terms and conditions laid down in
paragraph 5 of G.O.Ms.No.32, Highways and Minor Ports (HF2)
Department, dated 25.02.2009.
[TNGGE No.82 / 24-03-2009 (No.II(2)/FIN/136(d-2)/2009) - G.O.Ms.No.116 / 24th March, 2009].
NOTIFICATIONS ISSUED UNDER CLAUSE (f) OF SECTION 16 OF THE
TAMIL NADU TRANSPARENCY IN TENDERS ACT, 1998.
105
20. The spot purchase of domestically produced Toor Dhal from the
production centres by the Tamil Nadu Civil Supplies Corporation
(TNCSC) for the Public Distribution System till 30-06-2009.
[TNGGE No.97 / 13-04-2009 (No.II(2)/FIN/160(a)/2009) - G.O.Ms.No.142 / 13th April, 2009].
21. The procurement of coal by the Tamil Nadu Cements Corporation
Limited either from the Tamil Nadu Electricity Board or from the
Tamil Nadu Newsprint and Papers Limited whichever is
advantageous.
[TNGGE No.115 / 04-05-2009 (No.II(2)/FIN/195(c)/2009) - G.O.Ms.No.179 / 04th May, 2009].
22. The procurement of khaki cloth, white poplin cloth, blue
casement cloth and blue half saree cloth by the Director of
Handloom and Textiles required for the free supply of uniforms
to the beneficiaries covered under Puratchi Thalaivar M.G.R
Nutritious Meal Programme from the Tamil Nadu Textile
Corporation, subject to the condition that the procurement will
be restricted to the said categories of cloth which are actually
produced by the mills owned by the Tamil Nadu Textile
Corporation.
[TNGGE No.116 / 05-05-2009 (No.II(2)/FIN/195(d)/2009) - G.O.Ms.No.181 / 05th May, 2009].
23. The procurement of provision of Common User Group Mobile
Phone services from Bharat Sanchar Nigam Limited (BSNL) by
the Tamil Nadu Forest Department.
[TNGGE No.177 / 17-07-2009 (No.II(2)/FIN/358(c-1)/2009) - G.O.Ms.No.302 / 17th July, 2009].
24. The appointment of the “Indian National Trust for Art and
Cultural Heritage” (INTACH) as the consultant to render
Consultancy, Monitoring and Supervising Services for the
Tranquebar Development Project.
[TNGGE No.177 / 17-07-2009 (No.II(2)/FIN/358(c-2)/2009) - G.O.Ms.No.303 / 17th July, 2009].
25. The procurement of provision of Common User Group Mobile
Pghone services from Bharat Sanchar Nigam Limited (BSNL) by
the Tamil Nadu Fire and Rescue Services Department.
[TNGGE No.222 / 24-08-2009 (No.II(2)/FIN/424(c)/2009) - G.O.Ms.No.403 / 24th August, 2009].
NOTIFICATIONS ISSUED UNDER CLAUSE (f) OF SECTION 16 OF THE
TAMIL NADU TRANSPARENCY IN TENDERS ACT, 1998.
106
26. The Tamil Nadu Urban Infrastructure Financial Services Limited
as optional consultancy providing / procuring agency, subject to
the condition that in each case, Government will fix the
consultancy fee, wherein the Tamil Nadu Urban Infrastructure
Financial Services Limited itself carries out the consultancy and
service charges, in case external consultancy is procured by the
Tamil Nadu Urban Infrastructure Financial Services Limited.
[TNGGE No.267 / 06-10-2009 (No.II(2)/FIN/510(f)/2009) - G.O.Ms.No.484 / 06th October, 2009].
27. The entrustment of Rapid Environmental Impact Assessment
Studies to the Centre for Environmental Studies, Anna
University, Chennai-600 025 on nomination basis in connection
with the formation of flood carrier canal from Kannadian Channel
to drought prone areas of Sathankulam and Thisaiyanvilai by
inter-linking Thamirabarani, Karumeniyar and Nambiyar Rivers
in Tirunelveli and Thoothukudi Districts.
[TNGGE No.335 / 22-12-2009 (No.II(2)/FIN/690(f)/2009) - G.O.Ms.No.561 / 22nd December, 2009].
28. The New Tirupur Area Development Corporation Limited
(NTADCL) as the Consultant for preparation of Detailed Project
Report for Water Supply Improvement Schemes and Sewerage
Works and Project Management Consultancy in respect of
Tirupur Corporation.
[TNGGE No.69 / 11-03-2010 (No.II(2)/FIN/150(c)/2010) - G.O.Ms.No.77 / 11th March, 2010].
29. The entrustment of the improvement work of auditoriums and
formation of mini auditoriums for the conduct of World Tamil
Classical Language Conference to Coimbatore District Small
Scale Industries Association (CODISSIA) Intec Technology Centre,
Coimbatore, subject to the conditions laid down in para 9 of the
G.O (Ms) No.119, Tamil Development, Religious Endowments and
Information Department, dated 13.04.2010.
[TNGGE No.126 / 30-04-2010 (No.II(2)/FIN/232(c)/2010) - G.O.Ms.No.125 / 30th April, 2010].
NOTIFICATIONS ISSUED UNDER CLAUSE (f) OF SECTION 16 OF THE
TAMIL NADU TRANSPARENCY IN TENDERS ACT, 1998.
107
30. The entrustment of the preparation of Three Master Plans for
Mamallapuram Local Planning Area, Ariyalur Local Planning
Area and Sriperumbudur New Town Development Area using
Geographical Information System (GIS) to the Institute of Remote
Sensing, Anna University, Guindy, Chennai under
IKONOS/Quick Bird Method.
[TNGGE No.225 / 28-07-2010 (No.II(2)/FIN/486(b-1)/2010) - G.O.Ms.No.220 / 28 th July, 2010].
31. The procurement of 2.0 lakh tonnes fine variety of boiled rice
from Andhra Pradesh State Civil Supplies Corporation procured
from the millers of Andhra Pradesh at the levy rate fixed by the
Government of India, by the Tamil Nadu Civil Supplies
Corporation for the Public Distribution System(PDS).
[TNGGE No.225 / 28-07-2010 (No.II(2)/FIN/486(b-2)/2010) - G.O.Ms.No.221 / 28 th July, 2010].
32. The procurement of the services of Bharat Sanchar Nigam
Limited (BSNL) for telecom solutions such as provisions of
Landline, ISDN, PRI and 100 Mbps Internet leased line at Anna
Centenary Library, Kotturpuram, Chennai by the Director of
Public Libraries.
[TNGGE No.280 / 15-09-2010 (No.II(2)/FIN/574(a)/2010) - G.O.Ms.No.363 / 15th September, 2010].
33. The appointment of Dr A.R.Santhakumar (Retired Professor of
Anna University) as a consultant on nomination basis to study
the safety of the Mullai Periyar Main Dam and Baby Dam and
their resistance to earthquake, using 3 Dimensional Finite
Element Method.
[TNGGE No.313 / 13-10-2010 (No.II(2)/FIN/632(a)/2010) - G.O.Ms.No.393 / 13th October, 2010].
34. The entrustment of the work of transportation of Electronic
Voting Machines (EVMs) from Uttar Pradesh to Tamil Nadu by
rail to the Container Corporation of India Limited (CONCOR).
[TNGGE No.12 / 07-01-2011 (No.II(2)/FIN/8(f)/2011) - G.O.Ms.No.12 / 07th January, 2011].
35. The appointment of Confederation of Indian Industries (CII) as
State Consultant for the implementation of “Employable Skill
Training to the Unemployed Educated Youth Scheme” of Labour
and Employment Department.
[TNGGE No.60 / 15-02-2011 (No.II(2)/FIN/71(e)/2011) - G.O.Ms.No.47 / 15th February, 2011].
NOTIFICATIONS ISSUED UNDER CLAUSE (f) OF SECTION 16 OF THE
TAMIL NADU TRANSPARENCY IN TENDERS ACT, 1998.
108
36. The entrustment of the preparation of Detailed Project Report
(DPR) in respect of second phase of Chennai Metro Rail Project to
the Delhi Metro Rail Corporation(DMRC).
[TNGGE No.71 / 24-02-2011 (No.II(2)/FIN/90(d-1)/2011) - G.O.Ms.No.55 / 24th February, 2011].
37. The appointment of M/s Wipro Limited as Implementing Agency
in the State Portal and State Services Delivery Gateway (SSDG).
[TNGGE No.71 / 24-02-2011 (No.II(2)/FIN/90(d-2)/2011) - G.O.Ms.No.56 / 24th February, 2011].
38. The entrustment of the work of providing Broadband connectivity
to Polling Stations, Internet leased line connectivity to the office
of Chief Electoral Officer, District Election Officers and
Returning Officers, purchase of SIM cards and any other similar
services required to be provided as per the directions of the
Election Commission of India for the ensuing General Elections
to Tamil Nadu Assembly, 2011 to M/s Bharat Sanchar Nigam
Limited (BSNL).
[TNGGE No.112 / 28-03-2011 (No.II(2)/FIN/144(d)/2011) - G.O.Ms.No.97 / 28th March, 2011].
39. The appointment of National Institute of Oceanography (NIO) and
National Environmental Engineering Research Institute (NEERI)
to take up Environmental Impact Assessment Study (EIA) for
disposal of the effluents from textile dyeing units under the
Marine Discharge Project.
[TNGGE No.144 / 19-05-2011 (No.II(2)/FIN/223(a)/2011) - G.O.Ms.No.142 / 19th May, 2011].
40. The procurement of gold coins from Public Sector Banks/State
Bank of India and its Associates by the Director of Social Welfare
for providing 4 (four) grams of 22 ct. (twenty two carat) gold at
“free of cost” for making “Thirumangalyam” to the beneficiaries
under the following marriage assistance schemes, namely:-
1. Moovalur Ramamirtham Ammaiyar Ninaivu Marriage
Assistace Scheme.
2. Dr.Dharmambal Ammaiyar Ninaivu Widow Remarriage
Assistance Scheme.
3. E.V.R. Maniammaiyar Ninaivu Marriage Assistance
Scheme for Daughters of poor widows.
4. Annai Theresa Ninaivu Marriage Assistance Scheme
for Orphan Girls and
5. Dr.Muthulakshmi Reddy Ninaivu Inter-Caste Marriage
Assistance Scheme”.
[TNGGE No.217 / 12-07-2011 (No.II(2)/FIN/309(f)/2011) - G.O.Ms.No.190 / 12th July, 2011].
NOTIFICATIONS ISSUED UNDER CLAUSE (f) OF SECTION 16 OF THE
TAMIL NADU TRANSPARENCY IN TENDERS ACT, 1998.
109
41. The entrustment of work to M/s Health Sprint Networks Private
Limited, Chennai for providing software solution and the
following trained manpower through outsourcing as an interim
arrangement till the implementation of Comprehensive Health
Insurance Scheme:-
(a) Doctors for pre-authorisation and claim process - 20
Numbers.
(b) Accounts Manager and Accounts Executive for claim
settlement - 3 Numbers.
(c) Claim Validators – 2 Numbers.
(d) MIS Specialist for reporting – 1 Number.
(e) IT Support Staff – 1 Number.
(f) Call centre team for providing customer support – 2
Numbers.
(g) Manager for overall management of preauthorization and
claim process – 1 Number.
[TNGGE No.245 / 29-07-2011 (No.II(2)/FIN/347(e)/2011) - G.O.Ms.No.207 / 29th July, 2011].
42. The engagement of Pallavan Transport Consultancy Services
Limited for the preparation of Feasibility Study on Mono Rail
Project in Chennai.
[TNGGE No.265 / 12-08-2011 (No.II(2)/FIN/368(b)/2011) - G.O.Ms.No.216 / 12th August, 2011].
43. The entrustment of the wave tranquility model studies of
Colachel Fishing Harbour to Central Water and Power Research
Station, Pune for the construction of Fishing Harbour at Colachel
in Kanniyakumari District.
[TNGGE No.280 / 25-08-2011 (No.II(2)/FIN/383(c)/2011) - G.O.Ms.No.227 / 25th August, 2011].
44. The procurement of 25,40,195 packs of Sanitary Napkins for
postnatal mothers from Self Help Groups through Tamil Nadu
Corporation for Development of Women Limited for the
implementation of the Menstrual Hygiene Programme in Tamil
Nadu.
[TNGGE No.132 / 18-5-2012 (No.II(2)/FIN/259(c)/2012) - G.O.Ms.No.162 / 18th May, 2012].
NOTIFICATIONS ISSUED UNDER CLAUSE (f) OF SECTION 16 OF THE
TAMIL NADU TRANSPARENCY IN TENDERS ACT, 1998.
110
45. The procurement of quality Frozen Semen Straws by the Animal
Husbandry and Veterinary Services Department shall be made
directly.- (a) from the Tamil Nadu Co-operative Milk Producers
Federation Limited; and (b) from the Sabarmati Ashram
Gaushala, Bidaj in Gujarat at mutually agreed prices from time
to time.
[TNGGE No.7/ 07-01-2013 (No.II(2)/FIN/52(c)/2013) - G.O.Ms.No.3 / 7th January, 2013].
46. The award of construction, design, supply, installation, testing
and commissioning of Ice Cream plant of 5000 Liter Per Day
(LPD) on Turnkey basis at Ambattur Product Dairy at an
estimated cost of Rs.13.00 Crores (Rupees Thirteen Crores only)
to Messrs National Dairy Development Board by the Managing
Director, Tamil Nadu Co-operative Milk Producers' Federation
Limited.
[TNGGE No.356/ 03-12-2013(No.II(2)/FIN/898(b-1)/2013)-G.O.Ms.No.446/3rd December, 2013].
47. The award of construction, design, supply, installation, testing
and commissioning of Cattle Feed Plant for 300 Metric Tonnes
(MT) capacity per day at an estimated cost of Rs.7.00 Crores
(Rupees Seven Crores only) at Erode on Turnkey basis to M/s
National Dairy Development Board by the Managing Director,
Tamil Nadu Co-operative Milk Producers' Federation Limited.
[TNGGE No.356/ 03-12-2013 (No.II(2)/FIN/898(b-2)/2013) - G.O.Ms.No.447 / 3rd December, 2013].
48. The entrustment of the work of conservation and restoration of
the following five Heritage Court Buildings at Chennai to The
Indian National Trust for Art and Cultural Heritage (INTACH),
New Delhi :-
(1) Metropolitan Magistrate Court, George Town, Rajaji
Salai, Chennai.
(2) Chief Metropolitan Magistrate Court, Saidapet,
Chennai.
(3) Chief Metropolitan Magistrate Court, Chief Metropolitan
Magistrate Court Campus, Egmore, Chennai.
(4) Additional Chief Metropolitan Magistrate Court, Chief
Metropolitan Magistrate Court Campus, Egmore,
Chennai and
(5) Small Causes Court, High Court Campus, Chennai.
[TNGGE No.11/ 21-01-2014 (No.II(2)/FIN/27(b-1)/2014) - G.O.Ms.No.17 / 21st January, 2014].
NOTIFICATIONS ISSUED UNDER CLAUSE (f) OF SECTION 16 OF THE
TAMIL NADU TRANSPARENCY IN TENDERS ACT, 1998.
111
49. The entrustment of the work for setting up of a New Dairy at
Perambalur with one lakh litre processing capacity on turnkey
basis to National Dairy Development Board by the Tiruchirapalli
District Co-operative Milk Producers' Union.
[TNGGE No.11/ 21-01-2014 (No.II(2)/FIN/27(b-2)/2014) - G.O.Ms.No.18 / 21st January, 2014].
50. The award of procurement of the Consultancy Services to
undertake Environment Impact Assessment/Environment
Management Plan of the project area of the Scheme "Formation of
Flood carrier Canal from Kannadian Channel to drought prone
areas of Sathankulam and Thisaiyanvilai by inter-linking of
Thamiraparani, Karumeniyar and Nambiyar Rivers in
Thirunelveli and Thoothukudi Districts", on Nomination basis to
Messrs Water and Power Consultancy Services (WAPCOS)
Limited.
[TNGGE No.20/ 31-01-2014 (No.II(2)/FIN/65(b)/2014) - G.O.Ms.No.30 / 31st January, 2014].
51. The award of Short Message Service (SMS) based Poll Monitoring
System, Electoral Retrieval System, Push Short Message Service
(SMS) facility to electors, Web streaming Internet Leased Line to
District Election Officer's Office / Chief Electoral Officer's Office
and Provision of Broad band connectivity to 17,684 Polling
Stations and the Counting Centers situated in 42 locations in the
Districts entrusted to Messers Bharat Sanchar Nigam Limited
for the General Elections to Lok Sabha 2014 and Bye-Elections to
Tamil Nadu Legislative Assembly from 28.Alandur Assembly
Constituency .
[TNGGE No.131/ 01-07-2014 (No.II(2)/FIN/391(b)/2014) - G.O.Ms.No.182 / 1st July, 2014].
52. The entrustment of the Consultancy Services to Messrs. Water
and Power Consultancy Services Limited ‘on nomination basis’
for preparation of Detailed Project Report, Rapid Environmental
Impact Assessment Study, Preparation of Tender documents and
assisting in evaluation of Tender, Project Management
Consultancy Services and Post Project Evaluation Study for
desilting of Vaigai, Pechipparai, Mettur, Amaravathy Reservoirs
and Srivaikundam Anicut.
[TNGGE No.238/ 19-11-2014 (No.II(2)/FIN/701(a)/2014) - G.O.Ms.No.278 / 19th November, 2014].
NOTIFICATIONS ISSUED UNDER CLAUSE (f) OF SECTION 16 OF THE
TAMIL NADU TRANSPARENCY IN TENDERS ACT, 1998.
112
53. The Director of Animal Husbandry and Veterinary Services is
permitted to procure Agathi seeds directly from National Seeds
directly from National Seeds Corporation Limited, Chennai, a
Government of India Organization.
[TNGGE No.27/ 30-01-2015 (No.II(2)/FIN/51(b)/2015) - G.O.Ms.No.27 / 30th January, 2015].
54. The utilizing the services of Messrs. Water and Power
Consultancy Services Limited in connection with the preparation
of Detailed Project Report for the work of “Improvements and
Rehabilitation of Grand Anicut Canal System in Cauvery Basin
at a cost of Rs.2,000 crore (Rupees two thousand crore only)
under funding assistance of Accelerated Irrigation Benefits
Programme.
[TNGGE No.43/ 27-02-2015 (No.II(2)/FIN/114(a)/2015) - G.O.Ms.No.54 / 27th February, 2015].
55. The Director of Animal Husbandry and Veterinary Services is
permitted to procure cattle feed for the departmental farms from
Tamil Nadu Veterinary and Animal Sciences University.
[TNGGE No.45/ 03-03-2015 (No.II(2)/FIN/114(b)/2015) - G.O.Ms.No.58 / 3rd March, 2015].
56. The Director of Animal Husbandry and Veterinary Services is
permitted to procure the Mineral Mixture for Livestock of Tamil
Nadu from Tamil Nadu Co-operative Milk Producers Federation
Limited (Aavin) and Tamil Nadu Veterinary and Animal Sciences
University (TANUVAS).
[TNGGE No.46/ 04-03-2015 (No.II(2)/FIN/119(a)/2015) - G.O.Ms.No.59 / 4th March, 2015].
57. The entrustment of work for providing Centralized Electoral Roll
Management System (ERMS) over Cloud and Internet Leased
Line connectivity for the Cloud Offices of the Chief Electoral
Officer, District Election Officers, Electoral Registration Officers
and Broad Band connectivity for the Assistant Electoral
Registration Officer offices to Messrs. Bharath Sanchar Nigam
Limited (BSNL) and the order for supply of Software licenses to
Messrs. Electronics Corporation of Tamil Nadu (ELCOT).
[TNGGE No.117 / 02-06-2015 (No.II/(2)FIN/251(b)/2015) - G.O.Ms.No.160 / 2nd June, 2015].
NOTIFICATIONS ISSUED UNDER CLAUSE (f) OF SECTION 16 OF THE
TAMIL NADU TRANSPARENCY IN TENDERS ACT, 1998.
113
58. The selection of the Confederation of Indian Industry (CII) as
event partner for organizing the main event of Global Investors
Meet 2015 at an estimated cost of Rs.4,00,37,000/-, taking into
account it’s very strong membership base, availability of Centers
of Excellence, overseas offices, institutional partnerships with
312 counterpart organizations in 106 countries and huge
experience in organizing such international events in various
States as well as in Tamil Nadu over a long period of time.
[TNGGE No.126 / 08-06-2015 (No.II(2)/FIN/263(d)/2015) - G.O.Ms.No.167 / 8th June, 2015].
The following amendment to the Finance Department Notification
No.II (2)/FIN/263 (d)/2015 published at page 1 of part II- Section
2 of the Tamil Nadu Government Gazette, Extraordinary, dated
the 8th June, 2015:-
AMENDMENT
In the said notification, for the expression “Rs.4,00,37,000/-” the
expression “Rs.22,40,85,943/-” shall be substituted.
[TNGGE No.237/07-10-2016 (No.II(2)/FIN/668 (a )/2016) - G.O.Ms.No.269 /7th October,2016].
59. The entrustment of the work to Messrs. Bharath Sanchar Nigam
Limited (BSNL), Chennai for providing cloud based servers and
related software licences for Election Novel Electronic Tracking
and Rapid Action System (E-NETRA) and Electoral Assistance
System (EASY) in connection with the bye-election to Tamil Nadu
Legislative Assembly from No. 11.Dr.Radhakrishnan Nagar
Assembly Constituency.
[TNGGE No.163 / 29-07-2015 (No.II(2)/FIN/425(a-1)/2015) - G.O.Ms.No.216 / 29th July, 2015].
60. Conducting the study on Communication and Information
Technology for the Police Department with the expertise of Indian
Institute of Technology, Madras.
[TNGGE No.163 / 29-07-2015 (No.II(2)/FIN/425(a-2)/2015) - G.O.Ms.No.217 / 29th July, 2015].
61. The Managing Director, Tamil Nadu Medical Services Corporation
Limited is permitted to procure and supply the Sowbagyasunti
Lehiyam from the Tamil Nadu Medicinal Plant Farms and Herbal
Medicine Corporation Limited (TAMPCOL) for the Amma Baby
Care Kit.
[TNGGE No.219 / 19-10-2015 (No.II(2)/FIN/600(c)/2015) - G.O.Ms.No.266 /19th October, 2015].
NOTIFICATIONS ISSUED UNDER CLAUSE (f) OF SECTION 16 OF THE
TAMIL NADU TRANSPARENCY IN TENDERS ACT, 1998.
114
62. The Managing Director, Tamil Nadu Medical Services Corporation
Limited is permitted to procure and supply a quantity of
2,30,000 packs of belt type sanitary napkins per month from the
Prison Department.
[TNGGE No.15 / 25-01-2016 (No.II(2)/FIN/62(c)/2016) - G.O.Ms.No.24 /25th January, 2016].
63. The Director General of Police, Tamil Nadu is permitted for the
purchase of weapons and equipments through State Trading
Corporation of India Limited, Chennai.
[TNGGE No.98 / 04-05-2016 (No.II(2)/FIN/320(b-1)/2016) - G.O.Ms.No.132 /4th May, 2016].
64. The entrustment of the work of providing Short Message Service
(SMS) based Poll Monitoring System on the day of Poll (16-05-
2016) including the Short Message Service Gateway for creating
the awareness to the electors through the Bharat Sanchar Nigam
Limited Gateway and provision of 20 Mega Bits Per Second
leased line connectivity to the Office of the Chief Electoral Officer
for monitoring the Poll Proceedings on the day of Counting
(19.05.2016) for the ensuing General Elections to Tamil Nadu
Legislative Assembly, 2016 to Messrs Bharat Sanchar Nigam
Limited (BSNL).
[TNGGE No.98 / 04-05-2016 (No.II(2)/FIN/320(b-2)/2016)- G.O.Ms.No.133 /4th May, 2016].
65. The purchase of cloth from the Tamil Nadu Textiles Corporation
Limited by State Government Departments, State Public Sector
Undertakings, Statutory Boards and Local Bodies.
[TNGGE No.98 / 04-05-2016 (No.II(2)/FIN/320(b-3)/2016)- G.O.Ms.No.134 /4th May, 2016].
66. The procurement of various kinds of board directly from the
Tamil Nadu Newsprint and Papers Limited for printing of
textbook covers by the Tamil Nadu Textbook and Educational
Services Corporation.
[TNGGE No.103/12-05-2016(No.II(2)/FIN/327(a)/2016)-G.O.Ms.No.137/12th May, 2016].
67. The entrustment of the preparation of Detailed Project Report to
Nabard Consultancy Services Private Limited (NABCONS),
Chennai for the establishment of Cold Chain and Terminal
Market Infrastructure at Madurai, Tirunelveli, Coimbatore and
Krishnagiri in Tamil Nadu.
[TNGGE No. 130 / 26-05-2016 (No.II(2)/FIN/ 345 (b-1 )/2016) - G.O.Ms.No.149 /26th May, 2016].
NOTIFICATIONS ISSUED UNDER CLAUSE (f) OF SECTION 16 OF THE
TAMIL NADU TRANSPARENCY IN TENDERS ACT, 1998.
115
68. The appointment of “Tamil Nadu Handicrafts Development
Corporation Limited” as an Optional Procurement Agency for
procurement of handicraft items by Government Departments /
State Public Sector Undertakings and State Autonomous Bodies,
on the following terms:-
(a) Tamil Nadu Handicrafts Development Corporation Limited
shall procure products manufactured by its production
units and artisans registered with it;
(b) For procurement of services and other products, which
are not produced by Tamil Nadu Handicrafts
Development Corporation Limited, but essential to the
buyers, as per their requirement, the procedure laid
down in Tamil Nadu Transparency in Tenders Act, 1998
(Tamil Nadu Act 43 of 1998) and Tamil Nadu
Transparency in Tenders Rules, 2000 shall be followed
and the percentage of such procurement shall be
comparatively lesser than percentage procured from own
production centre and registered artisans;
(c) Tamil Nadu Handicrafts Development Corporation Limited
shall charge reasonable service charges to ensure that
their quotes are cost competitive.
[TNGGE No. 130 / 26-05-2016 (No.II(2)/FIN/ 345 (b-2 )/2016) - G.O.Ms.No.150 /26th May, 2016].
69. The entrustment of the project of “Establishment of Ultra High
Temperature Milk Plant with Aseptic Packing Station at
Sholinganallur Dairy, Chennai” to Messrs National Dairy
Development Board, Anand.
[TNGGE No. 171 / 20-07-2016 (No.II(2)/FIN/ 466 (a )/2016) - G.O.Ms.No.214 /20th July, 2016].
70. The entrustment of work of establishing New Ice-Cream plant of
10,000 litre per shift in Madurai Dairy premises at an estimated
cost of Rs.43.95 Crore, on turnkey basis, to Messrs. National
Dairy Development Board, Anand in Guajarat.
[TNGGE No.65 / 17-03-2017 (No.II(2)/FIN/184(b)/2017)- G.O.Ms.No.69 /17th March, 2017].
71. The entrustment of the consultancy services to undertake the
Comprehensive Environmental Impact Assessment Study for the
proposed Athikadavu-Avinashi Irrigation, Groundwater Recharge
and Drinking Water Supply Scheme in Tamil Nadu on
nomination basis to Messrs Water and Power Consultancy
Services (WAPCOS) Limited, Chennai.
[TNGGE No.69 / 20-03-2017 (No.II(2)/FIN/184(f-1)/2017)- G.O.Ms.No.70 /20th March, 2017].
NOTIFICATIONS ISSUED UNDER CLAUSE (f) OF SECTION 16 OF THE
TAMIL NADU TRANSPARENCY IN TENDERS ACT, 1998.
116
72. The entrustment of conducting feasibility study and preparation
of Detailed Project Report to NABARD Consultancy Services
(NABCONS) for setting up of Women Bank under National Rural
Livelihood Promotion (NRLP) by Tamil Nadu Corporation for
Development of Women Limited.
[TNGGE No.69 / 20-03-2017 (No.II(2)/FIN/184(f-2)/2017)- G.O.Ms.No.71 /20th March, 2017].
73. The purchase of raw materials by Erode District Co-operative
Milk Producers’ Union for the Erode Cattle Feed Plant required
for the production of cattle feed through National Co-operative
Dairy Federation of India Limited e-market.
[TNGGE No.112 / 24-04-2017 (No.II(2)/FIN/295(c)/2017)- G.O.Ms.No.101 /24th April, 2017].
74. The entrustment to the Centre for Water Resources, Anna
University, Chennai for the Concurrent Evaluation work of
Repair, Renovation and Restoration (RRR) of Water Bodies on
nomination basis by the Chief Engineer, Design, Research and
Construction Support, Water Resources Department.
[TNGGE No.139 / 17-05-2017 (No.II(2)/FIN/410(a)/2017)- G.O.Ms.No.131 /17th May, 2017].
75. The entrustment of study for Developing Decision Support
System and Market Linkages for Enhanced Value Creation of
Fruits and Vegetables in Tamil Nadu to International Crops
Research Institute for the Semi-Arid-Tropics (ICRISAT),
Hyderabad.
[TNGGE No.147/24-05-2017 (No.II(2)/FIN/420(a)/2017)- G.O.Ms.No.136 /24th May, 2017].
76. To engage the services of National Association of Software and
Service Companies (NASSCOM) directly for the establishment of
Startup Warehouse in the premises of Tidel Park Coimbatore
Limited (TPCL), Coimbatore by the Electronics Corporation of
Tamil Nadu (ELCOT) Ltd.
[TNGGE No.159/06-06-2017 (No.II(2)/FIN/437(c)/2017)- G.O.Ms.No.163 /6th June, 2017].
77. To engage the consultancy services of the Indian Institute of
Technology, Madras for preparing Detailed Project Report (DPR)
with all relevant studies for the Development of Infrastructure at
Cuddalore Minor Port by the Tamil Nadu Maritime Board.
[TNGGE No.181/19-06-2017 (No.II(2)/FIN/491(e)/2017)- G.O.Ms.No.176 /19th June, 2017].
NOTIFICATIONS ISSUED UNDER CLAUSE (f) OF SECTION 16 OF THE
TAMIL NADU TRANSPARENCY IN TENDERS ACT, 1998.
117
78. To engage Anna University as a consultant and service provider
to develop and maintain software for recruitment of Assistant
Engineers and Environmental Scientists by the Tamil Nadu
Pollution Control Board.
[TNGGE No.383/30-11-2017(No.II(2)/FIN/993(a-1)/2017)-G.O.Ms.No.350 /30th November, 2017].
79. The procurement of Vermitiles and Graphitiles from the Tamil
Nadu Minerals Limited (TAMIN) by Government Departments
including local bodies.
[TNGGE No.384/30-11-2017(No.II(2)/FIN/993(a-2)/2017)-G.O.Ms.No.351 /30th November, 2017].
-oOo-
118
[
LIST OF AMENDMENTS
119
TAMIL NADU TRANSPARENCY IN TENDERS ACT, 1998
Sl.
No.
Year Details of Amendments Section
1. 2001 TNTIT (Amendment) Act, 2001 (Tamil Nadu
Act 14 of 2001) [TNGGE No.667 / 24-09-2001]
(w.e.f. 1-12-2001). [TNGGE No.44 / 21-11-2001
(No.II(2) / FIN / 888(m a) / 2001.- G.O.Ms. No.451,
Finance (Salaries), 16th Nov. 2001]
2, 16.
2. 2002 TNTIT (Amendment) Act, 2002 (Tamil Nadu
Act 43 of 2002) [TNGGE No.757 / 18-11-2002]
(w.e.f. 30-09-2002) TNTIT (Amendment) Ordinance,
2002 (Tamil Nadu Ordinance 8 of 2002).]
16, 21.
3. 2004 TNTIT (Amendment) Act, 2004 (Tamil Nadu
Act 33 of 2004) [TNGGE No.305 / 09-12-2004]
(w.e.f. 01.10.2004) [TNTIT (Amendment) Ordinance,
2004 (Tamil Nadu Ordinance 13 of 2004) (TNGGE
No.251 / 01-10-2004).]
16
4. 2006 TNTIT (Amendment) Act, 2006 (Tamil Nadu
Act 28 of 2006) [TNGGE No.249 / 12-09-2006]
(w.e.f. 01.10.2006)
16
5. 2012 TNTIT (Amendment) Act, 2012 (Tamil Nadu
Act 6 of 2012) [TNGGE No.51 / 23-02-2012]
(w.e.f. 01-10-2011] TNTIT (Amendment) Ordinance,
2012 (Tamil Nadu Ordinance 2 of 2002).]
16
6. 2012 TNTIT (Second Amendment) Act, 2012
(Tamil Nadu Act 31 of 2012) [TNGGE
No.320/15-11-2012] (w.e.f. 07-12-2012) [TNGGE
No.342 / 07-12-2012 (No.II(2) / FIN / 815(g)/2012) -
G.O.Ms.No.422, Finance (Salaries), 7th Dec., 2012].
2, 10,
12, 16.
7. 2017 TNTIT (Amendment) Act, 2017 (Tamil Nadu
Act 45 of 2017) [TNGG No.261 / 07-08-2017]
(w.e.f. 19-09-2017) [TNGG No.295 / 19-09-2017 (No.
II(2)/FIN/783(d)/2017) - [G.O. Ms. No. 269, Finance
(Salaries), 19th September 2017].
2, 16.
8. 2018 TNTIT (Amendment) Act, 2018 (Tamil Nadu
Act 11 of 2018), [TNGGE No.46 / 31-01-2018],
(w.e.f. 17-10-2017) TNTIT (Second Amendment)
Ordinance, 2017 (Tamil Nadu Ordinance 6 of 2017).
[TNGGE No.333 / 17-10-2017].
16.
9. 2018 TNTIT (Second Amendment) Act, 2018
(Tamil Nadu Act 17 of 2018) [TNGGE No.136 /
13-08-2018] (w.e.f. 26 06 2018) [TNGGE
No.224/26-06-2018 (No.II(2) / FIN / 549(d) / 2018.-
G.O.Ms. No.206, Finance (Sal.), 26th June 2018].
2, 3, 6,
9, 10,
16.
LIST OF AMENDMENTS
120
TAMIL NADU TRANSPARENCY IN TENDERS RULES, 2012
Sl.
No.
Year Details of Amendments Rules
1. 2001 TNGG No.44 / 21-11-2001 (No.SRO
A-72(m-a)/2001) - G.O.Ms.No.452 /
16th November, 2001.
20, 50. 62.
2. 2002 TNGGE No.183 / 23-03-2002 (No.SRO A-
17(b)/2002) - G.O.Ms.No.107 /
23rd March, 2002.
56
3. 2003 TNGGE No.281 / 09-10-2003 (No.SRO A-
42(e)/2003) - G.O.Ms.No.412 /
09th October, 2003.
46
4. 2004 TNGG No.14 / 14-04-2004 (No.SRO
A-12/2004) - G.O.Ms.No.107 /
23rd March, 2004.
18
5. 2007 TNGG No.40 / 09-10-2007 (No.SRO A-
52/2002) - G.O.Ms.No.286 /
13th August, 2002.
57
6. 2007 TNGGE No.127 / 22-05-2007 (No.SRO A-
19(c))/2007) - G.O.Ms.No.177 /
22nd May, 2007.
23, 25, 26.
7. 2007 TNGGE No.272A / 30-09-2007 (No.SRO
A-44(a-1)/2007) - G.O.Ms.No.471 /
30th Sept., 2007.
27, 28, 29, 30,
31, 32, 37, 38,
39, 45.
8. 2009 TNGGE No.212 / 18-08-2009 (No.SRO A
22(a)/2009) - G.O.Ms.No.392 /
18th August, 2009.
9, 61.
9. 2012 TNGGE No.345 / 11-12-2012 (No.SRO.
A-36(a) /2012) - G.O.Ms.No.425 /
1th December, 2012.
1, 2, 3, 8, 11,
12, 15, 16, 19,
20, 22, 33, 34,
35, 36, 40, 41,
42, 43, 44, 49,
51, 52, 53, 54,
58, 59, 60.
10. 2017 TNGGE No.228 / 13-07-2017 (No.SRO
A 33(b)/2017) - G.O.Ms.No.215 /
13th July 2017.
47, 48, 49(1).
11. 2017 TNGGE No.296 / 19-09-2017 (No.SRO A-
41(b-1)/2017) – G.O.Ms.No.270 /
19-09-2017.
14, 17, 61(1).
12. 2017 TNGGE No. 332 / 17-10-2017 (No.SRO
A-46(d)/2017) - G.O.Ms.No.309 /
17th October 2017.
13
13. 2018 TNGGE No.225 / 26-06-2018 (No.SRO
A-35(b)/2018) – G.O.Ms.No.207 /
26th June 2018.
4, 5, 6, 7, 10,
21, 55.
LIST OF AMENDMENTS
121
TAMIL NADU TRANSPARENCY IN TENDERS (PUBLIC PRIVATE
PARTNERSHIP PROCUREMENT) RULES, 2012
Sl.
No.
Year Details of Amendments Rules
1. 2017 TNGGE No. 296 / 19-09-2017 (No.SRO
A-41(b-1)/2017) – G.O.Ms.No.271 /
19th September 2017.
14, 17.
122
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Open official source version ↗About this act
- Jurisdiction
- Tamil Nadu
- Enactment date
- 1998-12-11
- Sections available
- Document reader
India Code, Government of India. Text fetched 15 Oct 2026. Source metadata reports last modification: 2025-12-23. Check the linked official text and subsequent notifications when applying a provision.