Salient Features of Tamil Nadu
Transparency in Tender Act, 1998 and Rules 2000
of Tamil Nadu have framed the rules as Tamil Nadu Transparency in
Tender Rules, 2000 in G.O.Ms.No.446 Finance (Salaries) Department
dated.26.09.2000 based on Tamil Nadu Transparency in Tender Act,
1998 to ensure open and fair procedures while undertaking
construction and procurement of goods and services by the Government
and Governmental organizations.
Regulation of Tender
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 rules made there under.
Method of Tendering
different categories shall be effected by the following methods of
tendering namely :-
contacting including pre-qualification and two cover system
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.
It means the bulletin published for each district or State,
containing details of invitation and acceptance of tender.
The bulletin officer is the officer who is responsible for
publishing the tender bulletin in district or State. The tender
bulletin officers are appointed by the Government. The District
Tender bulletin shall be published by the District Bulletin officer
at least once in every week.
inviting tenders and decisions on tenders in all cases where the
value of tender exceeds Rupees Five lakhs and below Rupees Twenty
Five lakhs shall be published in the District Tender Bulletin of the
Tender bulletin shall be published by the State Bulletin officer at
least once in every week.
The notice inviting tenders and decisions
on tenders shall be published in the State Tender Bulletin in
of procurement/work exceeds Rupees Twenty Five lakhs.
other case where the tender inviting authority deems it fit.
Notice Inviting Tenders in Newspapers
procedure to be adopted in the matter of release of advertisement in
Information and Tourism (Advt.) Department dated.28.05.1999)
For works in Rs.
For purchase of Materials/Instruments in Rs.
No of Details in which advertisement is to be Published
Works costing less than Rs.10 lakhs
Less than Rs.5 lakh
publication of Tender Notice would be necessary in
dailies. Tender notices shall however be sent to all
registered contractors in the concerned Department
Between Rs.5-10 lakh
two Tamil Dailies, one insertion each at the District
Between Rs.10-25 lakh
All editions of one Tamil daily and in one English daily
published at state level.
Works costing more
Between Rs.25-100 lakh
Southern Edition of one English daily and all editions
of one Tamil daily.
Works costing more than Rs.500 lakhs
More than Rs.100 lakh
All editions of One English Daily and All editions of
One Tamil daily. Indian trade journal in all cases where
the value of work exceeds Rs 10 Crores.
Minimum Time Limit for Submission of Tenders
The minimum time limit for submission
in time stipulated above has to be specifically authorized by an
authority superior to the tender inviting authority for reasons to
be recorded in writing.
Tenders may download the tender documents from the designed website
at free of cost without any hindrance, for open tenders of value
exceeding Rs.10 Lakhs.
: G.O.Ms.No.177,Finance (Salaries) Department Dated
22nd May 2007)
Earnest Money Deposit
submitting a tender, the tenderer has to deposit with the department
an amount as notified in the NIT which is ordinarily not exceeding
1% of the value of the contract by means of demand draft, bankers
cheque, specified small savings instruments or where the procuring
entity deems fit, irrevocable bank guarantee in a prescribed form.
Any tender submitted without EMD in the approved form shall be
summarily rejected provided that any category of tenders
specifically exempted by the Government from the payment of EMD will
not be required to make such a deposit.
As soon as the
tender has been accepted, the successful bidder has to deposit with
the Department at an amount as notified in the tender schedule at
the time of execution of the agreement. The amount is kept as check
so that the contractor fulfils the terms and conditions of the
contract and carries out the work satisfactorily in accordance with
the specifications. In case the contractor fails to fulfill the
terms of contract, the whole or part of this deposit can be
forfeited by the department. The withheld amount for effective
performance of the contract, do not exceed 10% of the contract value
or % amount stipulated in the agreement.
Variation in quantity
The quantity proposed to be procured in the tender shall be
indicated in the tender document and the tender accepting authority
shall ordinarily be permitted to vary the quantity finally ordered
only to the extend of 25% either way of the requirement indicated in
the tender document. The percentage of variation of items of work
for which there shall be no increase in rates shall be of 25%.
In case of
procurement in special cases, 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 tenders quoting the next
lowest evaluated prices at the lowest evaluated price and shall
specify in the tender documents as per rule 31(4) of Tamil Nadu
Transparency in Tenders Rules, 2000.
Exemptions in Tender Act
This act is
not apply to procurement in the following certain cases.
natural calamities and emergencies declared by the Government.
from 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 procuring 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.
rate contracts of Director-General of Supplies and Disposals
(DG&D) and Association of State Road Transport Undertakings.
Tamil Nadu Cement Corporation Limited (TANCEM) and or of paper from
the Tamil Nadu Newsprints and papers Limited.
Applicability of Tender Act / Rules in cases of funded works
procurement of Tamil Nadu Transparency in Tender Act, 1998, 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.
departments which issue tender documents should notify that the cost
of tender documents inclusive of sales tax and also ensure proper
accounting by requiring the cost of tender documents and sales tax
to be noted separately in column, head of account in the challan.
Sale Price of Tender Documents
works costing up to and including Rs.10,000/-
Rs.150 + ST@ 4% + SC
costing above Rs.10,000/- up to and including
Rs.300 + ST@ 4% + SC
works costing Rs.2 Lakh up to and including Rs.5 Lakh
Rs.750 + ST @ 4% + SC
works costing above Rs.5 Lakh up to and including Rs.10
Rs.1500 + ST@ 4% + SC
works costing above Rs.10 Lakh up to and including Rs.25
Rs.6000 + ST@ 4% + SC
works costing above Rs.25 Lakh up to and including Rs.50
Rs.9000 + ST@ 4% + SC
works costing above Rs.50 Lakh
Rs.15000 + ST@ 4% + SC
Sales Tax (ST) and Surcharge (SC) are as applicable from time to
Evaluation of Tender :
Pre Qualification Procedures
1. The tender
inviting authority shall for reasons to be recorded in writing
provide for pre-qualification of tenders on the basis of :
and past performance in the execution of similar contracts
Capabilities of the tenderer with respect to personnel,
equipment and construction or manufacturing facilities.
status and capacity.
2. Only the
bids of pre-qualified bidders shall be considered for evaluation.
Two Cover System
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 price quotation
which will be opened only if the tenderer is found qualified to
execute the tender.
Time taken for evaluation and
extension of tender validity
The tenders remain valid for a period of not less than 90 days from
the last date for receipt of tenders. The validity period can be
extended further if a contractor gives his consent in writing,
specifying the period of extension.
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.
Determination of The Lowest
Out of the
tenders found to be substantially responsive after the initial
examination, the tenderer who has bid the lowest evaluated price in
accordance with the evaluation criteria or the tenderer scoring the
highest on the evaluation criteria specified, as the case may be,
shall be determined.