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Annexure FORM No. 1
[See rule 83] Memorandum of Appeal under the Rajasthan Transparency in Public Procurement Act, 2012 Appeal No…………..of……….. Before the ……………………… (First/Second Appellate Authority)
1. Particulars of appellant;
Name of the appellant; Official address, if any;
Residential address:
2. Name and address of the respondent(s);
(I) (ii) (iii)
3. Number and date of the order appealed against and name and designation of the
officer/authority who passed the order(enclose copy), or a statement of a decision, action or
omission of the procuring Entity in contravention to the provisions of the Act by which the
appellant is aggrieved;
4. If the Appellant proposes to be represented by a representative, the name and postal address
of the representative;
5. Number of affidavits and documents enclosed with the appeal;
Along with Technical Bid Submission Sheet Date:- NIB No:-
To: Secretary Rajasthan Public Service Commission Ajmer We, have undersigned, declare that:
(a) We have examined and have no reservation to the Bidding Document, Including Addenda No………………………………………………………………
(b) We declare that we fulfill the eligibility and qualification criteria in conformity with the Bidding Document and offer to supply the prepared
food.
(c) Our Bid shall be valid for a period of 50 Days from the date fixed for the bid submission deadline in accordance with the Bidding Document,
and it shall remain binding upon us and may be accepted at any time before Pthe expiration of that period;
(d) If our Bid is accepted, we commit to obtain a Performance Security in the amount of 5 percent of the Contract Price or shall submit the
Performance security Declaration, as the case may be, for the due performance of the Contract.
(e) Out firm, including any subcontractors or suppliers for any part of the Contract, have nationalities of India or other the eligible countries.
(f) We are not participating, as Bidder in more than one Bid for supply of the subject Goods in this bidding process, other than alternative
offers, if permitted, in the Bidding Document;
(g) Our firm, its affiliates or subsidiaries, including any subcontractors or suppliers for any part of the Contract have not been debarred by the
State Government or the Procuring Entity or a regulatory authority under any applicable law;
(h) We have understand that his Bid, together with your written acceptance thereof included in your notification of award, shall constitute a
binding contract between us, until a formal Contract is prepared and executed.
(i) We understand that you are not bound to accept the lowest evaluated bid or any other bid that you may receive.
(j) We agree to permit Government of Rajasthan or the Procuring Entity or their representatives to inspect our accounts and records and other
documents relating to the bid submission and to have them audited by auditors appointed by them;
(k) We declare that we have complied with and shall continue to comply with provisions of the Code of Integrity including Conflict of Interest as
specified for Bidders in the Rajasthan Transparency in Public Procurement Act, 2012, the Rajasthan Transparency in Public Procurement
Rules, 2013 and this Bidding Document during the procurement process and execution of the Contract till completion of all our obligations
under the Contract.
(l) Other comments, if any
Name…………………………………………………………………… In the capacity of…………………………………………………. Signed………………………………………………………………….. Date…………………………………………………………………….. Duly authorized to sign the Bid for and on behalf of……………………………… Complete Address……………………………………………….
To: Secretary Rajasthan Public Service Commission Ajmer We, have undersigned, declare that:
(a) We have examined and have no reservation to the Bidding Document, Including Addenda
No………………………………………………………….
(b) We offer to supply in conformity with the Bidding Document and in accordance with the
requirements as specified in Section V.
(c) The Price for our Bid is enclosed on Form –A
(d) We understand that this Bid, Together with your written acceptance thereof included in your
notification of award, shall constitute a binding contract between us, until a formal contract is
prepared and executed.
(e) We understand that you are not bound to accept the lowest evaluated bid or any other bid
that you may receive.
(f) Other comments, if any
Name…………………………………………………………………… In the capacity of…………………………………………………. Signed………………………………………………………………….. Date…………………………………………………………………….. Duly authorized to sign the Bid for and on behalf of……………………………… Complete Address……………………………………………….
uksV & fcM ls lEcaf/kr dk;Z dk fooj.k fu;e ,o ’krsZa layXukuqlkj gS ftudk v/;;u vo’; dj fy;k tkosA
Ø-la dk;Z dk fooj.k njsa leLr dj lfgr vk;ksx dk;kZy; esa rS;kj Hkkstu miyC/k djkus gsrq ¼layXu esuw
vuqlkj½ fMyhojh vk;ksx dk;kZy; le; ¼24x7 fnu vko’;drkuqlkj½ nj izfr O;fDr ¼leLr dj o pktsZat lfgr½
jkf'k vadks esa jkf'k 'kCnksa esa 1 iSdsV flLVe ofdZx yap ¼nj izfr iSdsV ,oa izfr O;fDr ½ 2 cwQs flLVe ofdZx yap ¼nj izfr O;fDr½ Amount of bid quoted above is incluvise of all taxes, charges, amount for contribution towards Employees PF, ESI etc and it also includes any other legal liabilities which may be in force present or may arise in future. Nothing will be paid extra by the office in addition to the above quoted bid amount. If deduction at source is mandatory on account of any statutory tax, levy, cess, fee etc, it will be deducted from monthly bill amount of the Supplier by the payment authority.
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Annexure A: Declaration by the Bidder under section 7 and 11 of the Act Declaration by the Bidder
In relation to our Bid submitted to the Secretary RPSC, Ajmer for supplying Prepared food through and agency in response to their Notice inviting Bid no:- Dated :- we hereby declare under Section 7 and 11 of the Rajasthan Transparency in Public Procurement Act, 2012, That;
1. I/we possess the necessary professional, technical, financial and managerial
resources and competence required by the Bidding Document issued by the
Procuring Entity;
2. I/we have fulfilled my/our obligation to pay such of the taxes payable to the
Union and the State Government or any local authority as specified in the
Bidding Document;
3. I/we are not insolvent, in receivership, bankrupt or being wound up, not have
my/our affairs administered by a court or a judicial officer, not have my/our
business activities suspended and not the subject of legal proceedings for any of
the foregoing reasons;
4. I/we do not have, and our directors and officers not have, been convicted of any
criminal offence related to my/our professional conduct or the making of false
statements or misrepresentations as to my/our qualifications to enter into a
procurement contract within a period of three years preceding the
commencement of this procurement process, or not have been otherwise
disqualified pursuant to debarment proceedings;
5. I/we do not have a conflict of interest as specified in the Act. Rules and the
Bidding Document, which materially affects fair competition;
6. We have Complied and shall continue to comply with Code of Integrity as
specified in the Rajasthan Transparency in Public Procurement Act, the
Rajasthan Transparency in Public Procurement Rules and this Bidding
Document, till completion of all our obligations under the Contract.
Date: Signature of bidder Place: Name:
Designation: Address:
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Appendix B : Dispute Resolution mechanism Any dispute arising from the contract shall be resolved amicably, as for as possible. The levels of the Dispute Resolution mechanism shall be as follows:
I. Amicable resolution between representatives of parties to the contract. II. If a question, difference or objection arises in connection with or out of the contract agreement
or the meaning of operation of any part there of or the rights. Duties or liabilities of either party have not been settled by amicable resolution through mutual discussions for decision, if the amount of the claim is more than Rs.50000/- Dispute Resolution mechanism will have the following committees at the levels of Head of the Department and Administrative Secretary of the Department. 1. Head of the Department level Committee to address disputes in Contracts of value up to
Rupees 1 crore ( one crore only). The Head of the Department level committee shall comprise of Head of the Department, Financial Advisor/Chief Accounts Officer of the Department, Concerned Procuring Entity or Additional Head of the Department (Member Secretary) and Representative of Law Department not below the rank of A.L.R. or equivalent.
2. Administrative Secretary level Committee to address disputes in contracts of value of more than Rupees on Crore. The Administrative Department Level Committee shall comprise of Administrative Secretary of the Department Representative of Finance Department not below the rank of Deputy Secretary, Law Secretary or his nominee, not below the rank of Joint Legal Remembrancer, chief Engineer concerned (Member Secretary) (in Case of other than a works Department, Head of the Department will decide the Levels of various members of the two dispute Resolution committee.
III. Arbitration will be applicable in case of disputes arising in contacts of value of more than Rupees 10 Crore which remain unresolved through the Dispute Resolution Committee.
IV. All Legal Proceedings, if necessary arise to institute by any of the parties shall have to be Lodged in courts situated in Rajasthan and not elsewhere. Procedure of reference to the dispute Resolution Committee. The Supplier shall present his representation to the procuring Entity along with a fee equal to two percent. Of the Amount of dispute, not exceeding Rupees one lakh, within three months of occurrence of the Dispute. The Procuring Entity shall prepare a reply of representation and shall represent its stank before the concerned Dispute Resolution Committee. From the Side of supplier the Claim case may by presented by himself of through a representative after hearing both the parties, the dispute Resolution committee shall pronounce its decision which shall be final and binding both on the supplier and the procuring Entity.
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Appendix-A Grievance Handling Procedure during Procurement Process (Appeals)
(1) Filling an appeal
(A) If any Bidder or prospective bidder is aggrieved that any decision, action or omission of the Procuring Entity is in contravention to the provisions of the Act or the Rules or the Guidelines issued there under, he may file an appeal to First Appellate Authority, as specified in the Bidding Document within a period of ten days from the date of such decision or action, omission, as the case may be, clearly giving the specified ground or grounds on which he feels aggrieved:
Provided that after the declaration of a Bidder as successful the appeal may be filed only by a Bidder who has participated in procurement proceedings: Provided further that in case a Procuring Entity evaluates the Technical Bids before the opening of the Financial Bids, an appeal related to the matter of Financial Bids may be filed only by a Bidder whose Technical Bid is found to be acceptable .
(B) The officer to whom an appeal is filed under Para (1) shall deal with the appeal as
expeditiously as possible and shall Endeavour to dispose it of within thirty days from
the date of the appeal.
(C) If the officer designated under Para (1) fails to dispose of the appeal filed within the
period specified in Para (2), or if the Bidder or prospective bidder or the Procuring
Entity is aggrieved by the order passed by the First Appellate Authority, the Bidder or
prospective bidder or the procuring entity, as the case may be, may file a second appeal
to Second Appellate Authority specified in the Bidding Document in this behalf within
fifteen days from the expiry of the period specified in Para (2) or of the date of receipt
of the order passed by the First Appellate Authority, as the case may be.
(2) Appeal not to lie in certain cases
No appeal shall lie against any decision of the Procuring Entity relating to the following matters, namely:- (a) determination of need of procurement;
(b) provisions limiting participation of Bidders in the Bid process;
(c) the decision of whether or not to enter into negotiations;
(d) cancellation of a procurement process;
(e) applicability of the provisions of confidentiality.
(3) Form & Procedure of filling an appeal
(a) An appeal under Para (1) or (3) above shall be in the annexed Form along
with as many copies as there are respondents in the appeal.
(b) Every appeal shall be accompanied by an order appealed against, if any, affidavit
verifying the facts stated in the appeal and proof of payment of fee. Every appeal may be
presented to First Appellate Authority or Second Appellate Authority, as the case may be,
in person or through registered post or authorized representative.
(4) Fee for filling appeal
(a) Fee for first appeal shall be rupees 2500/- (two thousand five hundred) and for second
appeal shall be rupees 10000/- (ten thousand) which shall be non-refundable.
(b) The fee shall be paid in the form of bank demand draft or banker’s cheque of
a Scheduled Bank in India payable in the name of Appellate Authority concerned. (5) Procedure for disposal of appeal
(a) The First Appellate Authority, as the case may be, upon filing of appeal, shall issue
notice accompanied by copy of appeal, affidavit and documents, if any, to the
respondents and fix date of hearing.
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(b) On the date fixed for hearing, the First Appellate Authority or Second Appellate
Authority, as the case may be, shall,-
(i) hear all the parties to appeal present before him; and
(ii) peruse or inspect documents, relevant records or copies thereof relating to the matter.
(c) After hearing the parties, perusal or inspection of documents and relevant
records or copies thereof relating to the matter, the Appellate Authority concerned shall pass
an order in writing and provide the copy of order to the parties to appeal free of cost.
(d) The order passed under sub- clause (c) above shall also be placed on the State Public
Procurement Portal.
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Annexure D : Additional Conditions of Contract 1. Correction of arithmetical errors
Provided that a Financial Bid is substantially responsive, the Procuring Entity will correct arithmetical errors during evaluation of Financial Bids on the following basis:
1. if there is a discrepancy between the unit price and the total price and the total price that is
obtained by multiplying the unit price and quaintly, the unit price shall prevail and the total
price shall be corrected, unless in the opinion of the Procuring Entity there is an obvious
misplacement of the decimal point in the unit price, in which case the total price as quoted
shall govern and the unit price shall be corrected ;
2. if there is an error in a total corresponding to the addition or subtraction of subtotals, the
subtotals shall prevail and the total shall be corrected; and
3. if there is a discrepancy between words and figures, the amount in words shall prevail,
unless the amount expressed in words is related to an arithmetic error, in which case the
amount in figures shall prevail subject to (1) and (2) above.
if the Bidder that submitted the lowest evaluated Bid does not accept the correction of errors, its Bid shall be disqualified and its Bid Security shall be forfeited or its Bid Securing Declaration shall be executed. 2. Procuring Entity’s Right to Vary Quantities
1. At the time of award of contract, the quantity of Goods, works or services originally specified
in the Bidding Document may be increased or decreased by a specified percentage, but such
increase or decrease shall not exceed twenty percent, of the quantity specified in the Bidding
Document . It shall be without any change in the unit prices or other terms and conditions of
the Bid and the conditions of contract.
2. if the Procuring Entity does not procure any subject matter of procurement or procures less
than the quantity specified in the Bidding Document due to change in circumstances, the
Bidder shall not be entitled for any claim or compensation except otherwise provided in the
Conditions of Contract.
3. In case of procurement of good of services, additional quantity may be procured by placing a
repeat order on the rates and conditional of the original order. However, the additional quantity
shall not be more than 50% of the value of Good of the original contract and shall be within
one month from the date of expiry of last supply. If the supplier fails to do so. the Procuring
Entity shall be free to arrange for the balance supply by limited Bidding or otherwise and the
extra cost incurred shall be recovered from the Supplier.
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3. Dividing quantities among more than one Bidder at the time of award ( In case of procurement of Goods)
As a general rule all the quantities of the subject matter of procurement shall be procured from the Bidder, whose Bid is accepted. However, when it is considered that the quantity of the subject matter of procurement to be procured is very large and it may not be in the capacity of the Bidder, whose Bid is accepted, to deliver the entire quantity or when it is considered that the subject matter of procurement to be procured is of critical and vital nature, in such cases, the quantity may be divided between the Bidder, whose Bid is accepted and the second lowest Bidder or even more Bidders in that order, in a fair, transparent and equitable at the rates of the Bidder, whose Bid is accepted.