TENDERS FOR WORKS AND PURCHASES RULES, 2000

ANDHRA PRADESH GRAM PANCHAYAT
(INVITATION AND ACCEPTANCE OF TENDERS FOR WORKS AND PURCHASES) RULES, 2000
(G.O.Ms. N0.441, P.R & R.D (Rules) Dept, Dt. 10-12-2002)

In exercise of the powers conferred by clause (xii) of sub-section (2) of Section 268 of the Andhra Pradesh Panchayat Raj Act, 1994 (Act 13 of 1994), the Governor of Andhra Pradesh hereby makes the following rules relating to the conditions on which and the mode in which contracts maybe made by or on behalf of Gram Panchayat

RULES

1. Short title:These rules may be called the Andhra Pradesh Gram Panchayat (Invitation and acceptance of tenders for works and purchases) Rules 2000.

2. Invitation of tenders:Tenders shall be invited for every work of Gram Panchayat which is to be executed on contract and the contract amount which exceeds Rs.50,000/- (fifty thousand only)

Provided that no work shall be split up so as to be brought within the powers of nomination of the Panchayat without the permission of the Superintending Engineer.

Provided further that a gram Panchayat may entrust, a work to the Panchayat Raj department for execution without calling for tenders.

3. Tenders Procedure:

1. Subject to the provisions of rule 2, tenders in sealed covers shall be invited by the Executive authority by notice in the chief language of the District.
   1. Posted at the office of the Gram Panchayat, the village chawidi and at such Other places as executive authority may deem necessary and:
   2. Published in one or more newspapers having maximum circulated in the district, if the estimated post of the work exceeds Rs,50,000 (Rupees fifty thousand) it should invariably be published in the newspaper having maximum circulation in the District.
2. Every notice published under sub rule (l) shall specify,
   1. When and where the draft contract document may be inspected.
   2. The precise form of tendering, that is whether it should be at a specified Percentage below or above the estimate rates or whether definite rates should be quoted for each Item of work included in the schedule.
   3. When and to whom tenders are to be submitted.
   4. When and where the tenders shall be opened
   5. The amount of earnest money which should accompany the tender the amount and nature of security required in case the tender is accepted and
   6. That the Gram Panchayat reserves the right to reject any or all the tender received without assigning any reason.

4. Tender Documents:

1. The precise form of tendering, namely, whether it should be at specified percentage below or above the estimated rates, or whether definite should quoted for each item of work included itch schedule independently of provided for In the sanctioned estimate, shall be decided by the competent authority to accord technical sanction to the estimate on the merits of each case.
2. Contractors may be permitted to examine the abstract estimates only, if tenders are invited on percentage basis, the data, statement, showing the actual cost of materials and the distance for loads on which the estimate is really based, shall not be shown to the contractors nor shall it form part of the contract documents.

5. Invitation of Tenders from the Contractors:Before tenders are invited for the execution of work on contract, the Executive Authority shall obtain from the authority competent to accord technical sanction for the estimate of such work in the contract documents, which shall consist of:

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1. A complete set of drawings showing the general dimensions of the work to be done and, so far as necessary, details of the various parts
2. A complete specification of the work to be done and of the materials to be used unless reference can be made to some standard specification
3. A schedule of the quantities of the various descriptions of work and,
4. A set of conditions of " contract" to be complied by the tenderer in case his tender is accepted.

6. Steel work Tenders shall be Invited separately: If any work in which the contract amount of steel work exceeds Rs. 50000/-tenders shall be invited separately in respect of such work, so that the steel fabricating firms may tender for such works at Competitive rates.

Explanation: In computing the value of the steel work for the purpose of this rule, the value of steel. In reinforced concrete work shall not be included.

7. Tender Acceptance:

1. No tender shall ordinarily be accepted unless it is accompanied by the earnest money specified in the tender notice. (National Savings Certificates may also be accepted as earnest money deposits.
2. A separate list of all sums deposited as earnest money shall be maintained under the signature of the Executive Authority for facility of reference.

8. Earnest money To be deposited For guarantee: The amount of earnest money to be deposited shall be sufficiently large so as to indemnify the Gram Panchayat against loss in case a contractor fails to furnish the Required security within the appointed time after the acceptance of his tender, or until the sums due to him form a sufficient guarantee, as the case may be.

9. Opening of sealed Tenders by the Competent authority : The Executive Authority shall at the time and place specified for the purpose open the sealed covers containing tenders in the presence of such of the tenderers or their authorized agents as maybe present' Until sealed covers are so opened, they shall be kept in the personal CUSt0dy of the Executive Authority. on opening the tenders, the Executive Authority shall initial all corrections in, which may have been made by the tenderer and attested by him. If there arc corrections unattested by the tenderer, a note of such corrections shall be made on the tender when it is opened. The Executive Authority shall enter the total number of tenders in the tender register against each work.

10. Maintenance of The Tender Register: After the tender’s arc opened, they shall be tabulated and posted in the tender register maintained in the form Appended to these rules. The Executive Authority Shall Scrutinise the entries in the register and shall certify that the tabulation is correct with reference to the original tenders which shall be reserved and made available for purposes of audit. The tender register together with the tenders shall be placed before the Gram Panchayat at its next meeting for disposal.

11. Acceptance or Rejection of Tenders Procedure:

1. the lowest tender shall ordinary be accepted Provided that where it is considered undesirable to accept the lowest tender, the next lowest tender shall be considered. If it is considered undesirable to accept that tender also, the next higher tender shall be considered.
2. In every case of rejection of a tender under sub-rule (I) clear and convincing reasons therefore shall be recorded in writing by the Gram Panchayat.
3. Where the capacity for work and the Integrity of tenderer are not known, his tender need not necessarily be rejected. Such additional security not exceeding 10% of the contract amount as the Gram Panchayat considers necessary shall be taken from the tender, if the circumstances warrant such a course.
4. In no case shall be tender be accepted at rates other than those specified in that tender.
5. There shall be no avoidable delay in the disposal of tenders after they are opened. In no case shall tenders remain un-disposed of for a period exceeding six weeks from the date on which they are opened.

12. Dispense with Tenders: Notwithstanding anything in the foregoing rules, the District Collector may, for sufficient reasons, permit the Gram Panchayat to dispense with tenders in any particular case or classes of cases or condone the non-compliance with any of the provision of these rules.

13. Execution of Works without Calling for Tenders: Where thunders are not called for or dispensed with the Executive Authority shall get the work executed through the contractor selected by him at rates which shall not ordinarily exceed the sanctioned rates. Where, on the ground of urgency or for special reasons, it is proposed to allow rates exceeding the sanctioned rates, the previous approval of the Executive Engineer, Zilla Parishad concerned shall be obtained.

14. Purchase of Materials goods or services etc: In respect of supplies of materials, good or services other than those for the execution of works, the Gram Panchayat may determine the limit of cost, not exceeding IQs. 50000 dispense with tenders, when tenders are invited, they shall be tabulated and scrutinised by the Executive Authority and then placed before the Gram Panchayat with his recommendations for orders.

15. Acceptance of lowest Tenders: The lowest tender shall ordinarily be accepted. Where it is considered undesirable to accept the lowest Tender, the reasons therefore shall be clearly recorded and made available for purposes of audit.

Note: Where a tender is in respect considered of more than either one individually article, for example, for each stationary article or articles, the comparative prices can be for all the articles or for specified groups of articles, provided that they intention Of the Gram Panchayat to accept the lowest tender in any of these ways is made clear in the notice If the tender is considered conjointly for all the articles or group of articles, the cost of the probable requirements in respect of all the articles or of all the articles in each group the case may be, shall be worked out, with reference to each group, as the case may be, shall be worked out with reference to the rates given in each tender and the lowest tender will be according to which the total cost of the probable requirements of all the articles proposed to be taken together works out to be the lowest.

16. Acceptance of Tenders:

1. where the lowest tender is rejected, the next higher tender shall be accepted, unless adequate grounds can be recorded for rejecting that tender also.
2. In no case shall a tender be accepted at rates other than those specified in that tender
3. Where the capacity for supply and the integrity of a tenderer are not known tender need not necessarily be rejected, such additional security as the Gram Panchayat considers necessary shall however, be taken from such tenderer, if the circumstances warrant such a course.
4. There shall be no avoidable delay in the disposal of tenders after they are opened.

17. Invitation of tenders by the Executive Authority:

1. (1) Tenders which shall be in sealed covers, shall be invited by the Executive authority in the most open and public manner possible.
   1. In all cases by a notice in the Chief language or languages of the district posted at the office of the Gram Panchayat and at such other places as the Executive Authority may deem fit.
   2. When the anticipated cost exceeds Rs.50000 by advertisement in at least one Newspaper with maximum circulation in the district.
2. Every notice or advertisement published under sub-rules( 1) shall state interilia
   1. the conditions under which, the officer from whom, and the price, if any, for which a copy of the schedule of quantities of the various kinds of articles can be obtained; If these cannot be mentioned in detail in the notice of advertisement itself;
   2. the precise form in which the tenders shall be made, that is whether prices for the various articles are to be quoted and whether the comparative value of the tender will be examined with reference to each article mentioned in the schedule Of quantities or for all such articles conjointly or, for groups of such articles;
   3. the time when and the place where the tenders are to be submitted allowing a period fatalist ten days from the date or publication of the notice at the office of the Gram Panchayat.
   4. The time when and the place where the tenders are to be opened.
   5. The amount of earnest money which should accompany the tender and the amount and nature of the security which will be required in case the tender is accepted
   6. (f) The authority competent to accept the tender.
   7. That the authority competent to accept the tender, reserves the right to reject any or all of the tenders received, without assigning reasons and
   8. That a tenderer who withdraws his tender, without valid reasons, which shall be decided by the authority competent to accept the tender shall be liable to have Ills subsequent tenders summarily rejected.

18. Exemptions: Nothing contained in these rules shall apply to the purchase of;

1. Stores through the Indian Stores Department.
2. Articles from the metal and timber works and factories started by the Government for the resettlement of ex-service men.
3. Bulls for conservancy and other purposes;
4. Controlled commodities on a permit issued by the Government.
5. Articles of equipment suggested in the syllabus for the bifurcated course of studies in secondary schools.
6. Articles required for manual training sections in Secondary Schools and
7. Petrol from standard firms for its distribution and supply or from their authorized agents at the rates for the time being in force.

19. Special powers to District collectors:Notwithstanding anything in the foregoing rules, the District Collector may, for sufficient reason, be recorded in writing, permit the Gram Panchayat to dispense with tenders in any particular case or class of cases, or condone the non-observance of any of the provision contained in these rules.

20. Implementation of Lessees and contracts: All leases and contracts of the Gram panchayat entrusted by all persons with the Gram Panchayat shall be held strictly to the terms of their leases or contracts and no remission shall be granted to them except in accordance with the provisions of rules 21 and 22 of the rules.

21. Grant of Remission to Lessees and contracts: The grant of remission to lessees and contracts shall be subject to the following restrictions and control namely;

1. Remission shall be granted only in cases in which the lessee or contractor is prevented from carrying out his part of the lease or contract by reason of the occurrence of some extraordinary extrinsic cause which could not reasonably have been anticipated, for example, the compulsory closing on account of the out break of an epidemic.
2. The amount of remission granted shall not exceed the proportionate amount payable under the lease or contract for the period for which the lessee or contractor was prevented from carrying out his part of the lease or contract on account of such extraordinary cause and
3. When the amount of remittance exceeds Rs. 50/—the previous sanction of the District Panchayat Officer shall be obtained.

22. Penalties: The Penalties provided in the lease shall be strictly enforced in accordance with the terms of the lease or contract Penalties for late payment of the amount due to the Gram Panchayat under the lease or contract shall not be except in cases, where the payments of installments of the amount due are, in the opinion of the Gram Panchayat, fairly regular and the whole amount due to the Gram Panchayat under the lease or contract paid before the end of the period of which the lease of contract relates;

Provided that then the amount of remittance exceeds Rs. 50/— in each case, the Previous sanction of the District Panchayat Officer shall be obtained.

DECISIONS

Freedom of litigant to change his advocate : A litigant must have the freedom to change his advocate when he feels that the advocate engaged by him is not capable of espousing his cause efficiently or that his conduct is prejudicial to the interest involved in the list, or for any Other reason. For whatever reason, if a client does not want to continue the engagement of particular advocate it would be professional requirement consistent with the dignity of the profession that he should return the brief to the client. It is time to hold that such obligations is not only legal duty but for moral imperative. (Para 16) R,D Suxsena Verses Ralram Prasad Sharma.2000(5) ALD 86 (SC).