LexThe ASSAM PUBLIC PROCUREMENT ACT, 2017
Assam · state statute
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THE ASSAM GAZETTE
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EXTRAORDINARY
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PUBLISHED BY THE AUTHORITY
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No. 141 Dispur, Tuesday, 11th April, 2017, 21st Chaitra, 1939 (S.E.)
GOVERNMENT OF ASSAM
ORDERSBYTHEGOVERNOR
LEGISLATIVE DEPARTMENT : : : LEGISLATIVE BRANCH
NOTIFICATION
The 11th April, 20 17
No. LGL.243/2016117.- The following Act of the Assam Legislative Assembly which
received the assent of the Governor on 6th April, 2017 is hereby published for general information.
ASSAM ACT NO. XXIV OF 2017
(Received the assent of the Governor on 6th April, 2017)
THE ASSAM PUBLIC PROCUREMENT ACT, 2017
1024 THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 11 , 2017
AN
ACT
to establish legal foundations for procedures for procurement by public entities so as to ensure -
timely delivery of Intended outcomes with e/flclency, economy, integrity and accountability;
transparency, fair and equitable treatment of bidders; public confidence regarding good governance
· in the process and for matters connected therewith or incidental thereto.
Preflmble Whereas, it is expedient to establish legal foundations for procedures for procurement
by public entities so as to ensure, -
(i) timely delivery of its intended outcomes with efficiency, economy,
professionalism and public accountability from its officers and staff;
{il} . the highest standards of transparency, fairness, equality towards Its bidders;
(Ill) support to policies of the State on soda/, economic and environmental issues;
and
(lv) assurance to public and other stakeholders regarding probity and integrity of
the process.
It is hereby enacted in the Sixty-eighth Year of the Republic of Indio, as follows:-
CHAPTER I
Preliminary
1. Short title, exteDt and commencement.·
(1) This Act may be called the Assam Public Procurement Act, 2017.
(2) It shall extend to the whole of the State of Assam.
(3) It shall come into force on such date as the State Government may, by
notification in the Official Gazette, appoint: Provided that different dates may
be appointed for different provisions of this Act and any reference in any
such provision to the commencement of this Act shall be construed as a
reference to the coming into force of that provision.
2. Deftaitions.- In this Act, unless the context otherwise requires,-
(a) "bid" means a formal offer made in pursuance of an invitation by a procuring
entity and includes any tender, proposal (technical or financial) or quotation;
(b) "bidder" means any person, company, firm, agency, institution, etc.
participating in a procurement process of a procuring entity for procurement
of Goods, Works or Services;
(c} "bidder registration documents" means the documents issued by a
procuring entity, including any amendments thereto, that set out the terms
and conditions of registration proceedings and includes the invitation to
register;
THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 11 , 2017 1025
(d) "bidding documents, means documents for procurement of Goods, Works or
Services issued by the procuring entity, including any ame.ndments thereto, that
set out the terms and conditions of the given procurement and includes the
invitation to bid; The term "bidding document" also includes the "Request for
Proposal" and "Request for Quotation" documents used for hiring consultancy
and non-consultancy services.
(e) "bid security" means a security provided to the procuring entity by a
bidder for securing the fulfillment of any obligation in terms of the
provisions of the bidding documents;
(f) "competent authority" means a person, body of persons, organs or an agency
competent to take actions as may be referred to or directed to it by the
Authority under this Act or the Rules or Guidelines made hereunder or by the
provisions of any other law for the time being in force;
(g) "e-procurement" means the electronic process where in the physical tendering
activity is carried out online using the Internet and associated technologies;
(h) "electronic reverse auction" means an online real- time purchasing
technique utilized by the procuring entity to .select the successful submission,
which involves presentation by bidders of successively lowered bids during a
scheduled period of time and the automatic evaluation of bids;
(i) · "Framework agreement procedure" means a procedure conducted in two
stages: a first stage to select a supplier (or suppliers) or a contractor (or
contractors) to be a party (or parties) to a framework agreement with a
procuring entity, and a second stage to award a procurement contract under the
framework agreement to a supplier or contractor party;
G) "Framework agreement" ~eans an agreement between the procuring entity and
the selected supplier (or suppliers). or contractor (or contractors) concluded
upon completion of the first stage of the framework agreement procedure;
(k) "Closed framework agreement" means a framework agreement to which no
supplier or contractor or State Agency acting as Consortium on behalf of PPP
registered MSE to the framework agreement that is not initially a party to the
framework agreement may subsequently become a party;
(1) "()pea hnework. agreement" means a framework agreement to which a
sepplier (or suppliers) or a contractor (or contractors) in addition to the initial
parties may subsequently become a party or parties;
1026 THE ASSAM_ GAZETTE, EXTRAORDINARY, APRIL 11 , 2017
(m) "Framework agreement procedure with second-stage competition" means a
procedure under .an open framework agreement or a closed framework
agreement with more than one supplier or contractor in which certain terms and
conditions of the procurement that cannot be established with sufficient
precision when the framework agreement is concluded are to be established or
refined through a second- stage competition;
(n) "Pl'IIDCWOrk agreement procedure without second-stage competition" means a
~ under a closed framework agreement in which all terms and
CODdidons of the procurement are established when the framework agreement
is concluded;
(o) "goods" includes all articles, material, commpdities, electricity, livestock,
furniture, fixtures, raw material, spares, instruments, software, machinery,
equipment, industrial plant, vehicles, aircraft, ships, railway rolling stock
and any other category of goods, whether in solid, liquid or gaseous form,
purchased or otherwise acquired for the use of a procuring entity as well as·
services or ~orks incidental to the supply of the goods if the value of
services or works or both does not exceed that of the goods themselves;
(p) "invitation to bid" means a document published by the procuring entity
inviting bids relating to the subject matter of procurement and any
amendment thereto and . includes notice inviting tender and request for
proposal;
(q) "notification" means a notification published in the Official Gazette;
(r) "prescribed" means prescribed by rules made under this Act;
(s) "pre-qualification" means the procedure set out to identify, prior to inviting
bids, the bidders that are qualified;
(t) "pre-qualification documents" means the documents issued by a procuring
entity, including any amendments thereto, that set out the terms and
conditions of the pre-qualification .proceedings and includes the invitation to
pre-qualify;
(u) "procurement" or "public procurement" means the acquisition by purchase,
lease, license or otherwise of works, goods or services, including award of
Public Private Partnership projects, by a procuring entity whether directly or
through an agency with which a contract for procurement services is entered
into, but does not include any acquisition without consideration,
and "procure" or "procured" shall be construed accordingly;
(v) "procurement contract" means a contract entered into between the procuring
entity and a successful bidder concerning the subject matter of procurement;
THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 11, 2017 1027
(w) "procurement process" means the process ·of procurement extending from
the imte of invitation to pre-qualify or to register or to bid till the award of
the procurement contract or cancellation of the procurement process, as the
case may be;
(x) "procuring entity" means an entity referred to in sub- section (2) of section 3;
(y) "Public Private Partnership" means · an arrangement between the State
Government, statutory entity or any other government owned entity on one
side and a private sector entity on the other, for the provision of public assets
or public services or both, through investments being made or management
being undertaken, or both investments being made and management being
undertaken, by the private sector entity, for a specified period of time, where
there is well defined allocation of risk between the private sector and the State
Government, statutory entity or any other government owned entity, as the case
may be, and the private entity receives performance linked payments that
conform (or are benchmarked) to specified and pre-determined performance
standards, measurable by the State Government, statutory entity or any other
government owned entity, as the case may be, or its representative;
(z) "rate contract" means an agreement between a procuring entity and one
or more bidders which specifies the terms and conditions including the price,
for the supply of a subject matter of procurement required on a recurring basis;
{za) "registered bidder" means any bidder who is on a list of registered bidders
of the procuring entity maintained under section 19;
(zb) "services" means any subject matter of procurement other than goods or works
and includes physical, maintenance, professional, intellectual, consultancy and
advisory services or any service classified or declared as such by a procuring
entity and does not include appointment of any person made by any procuring
entity;
(zc) "subject matter of procurement" means any item of procurement whether in
the form of goods, services or works;
{zd) "works" means all works associated with the construction, reconstruction,
site preparation, demolition, repair, maintenance, or renovation or railways
roads, highways or a building, an infrastructure, or structure or an installation
or any construction work relating to excavation, drilling, installation of
equipment and materials, as well as services or goods incidental or
consequential to the works if the value of those services or goods does not
exceed that of the works themselves;
(ze) "State Government" means the Government of Assam;
(zf) "Swiss Challenge" means a method of Procurement in which an unsolicited
proposal for a government project is received and third party are allowed to
challenge the original proposal through open bidding, and then the original
1028 THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 11 , 2017
proponent is given a chance to counter-match the most advantageous I most
competitive offer;
3. Application .-
(1) This Act shall apply to all procuring entities referred to in sub-section (2).
(2) For the purposes of this Act, "procuring entity, means,-
(a) any department of the State Government or its attached or subordinate
office;
(b) any State Public Sector Enterprise owned or controlled by the State
Government;
(c) any entity established or constituted by the Constitution of India whose
expenditure is met from the Consolidated Fund of the State;
(d) any entity or board or corporation or authority or society or trust or
autonomous entity (by whatever name called) established or constituted by
an Act of the State Legislature or an entity owned or controlled by the
State· Oovemment;
(e) any other entity which the State Government may, by notification, specify
to be a procuring entity for the purpose of this Act, being an entity that
receives substantial financial assistance from the State Government in so
far as the utilization of such assistance towards procurement
is concerned.
(f) any procurement support agency or procurement agent or procurement
consultant involved in procurement on behalf of the procuring entities
specified in clauses (a) to (e) above.
(3) The State Government may, by notification, permit the procuring entities to
carry out procurement, financed under the assistance from the multilateral
development banks, bilateral development agencies, or foreign governments or
pursuant to an inter-governmental agreement, in accordance with the procurement
procedures stipulated in terms of such assistance or agreement:
Provided that before granting permission, the State Government shall
satisfy itself that the procurement procedures stipulated in terms of such assistance
or agreement, are in consonance with the basic norms of public procurement
specified in sub-section (1) of Section 4.
(4) Subject to such rules as may be made in this behalf consistent with the provisions
of sections 4 and 11, the provisions of Chapters II and III shall not apply to, -
THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 11 , 2017 1029
(a) any procurement the estimated cost or value of which is less than the
thNshold value as Finance Department of the State Government may, by
notification, specify for different classes or categories of procurements or
procwing entities;
(b) ~y procurement necessary for the management of any disaster, as
defined in clause (d) of section 2 ofthe Disaster Management Act, 2005
(c) the·procurement under Assembly and Parliamentary election urgency;
(d) procurement for the purposes of security or on strategic considerations that
the State Government may, by general or special order, specify;
(e) procurement by a procuring entity under clause (b) to clause (e) of sub
section(2) of section 3 from its subsidiary company or joint venture
company in which such procuring entity has more than fifty percent share;
(f) any other procurement, as may be notified by Finance Department.
Central Act
no. 53 of
2005
----------------- -----
1030 THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 11, 2017
CHAPTER II
Procurement
A. General Principles
4. Fundamental principles of public procurement.-
( I) In relation to a public procurement, the procuring·entity shall have the
responsibility and accountability to ensure
{a) effective and timely achievement of the planned outcomes of the
procurement without excessive cost over-run;
(b) transparency (including consistency, objectivity, predictability,
openness), fairness (including appeal rights), equality (including non
discrimination) in relations with the bidders;
(c) professionalism, economy and efficiency, from official involved in
process;
(d) compliance with the code of integrity in public procurement as laid down
by the State Government under section 11 of this act by officer or
employee of a procuring entity or a person participating in a procurement
process.
(2) Subject to the provision of sub-section (3) of section 3, every procuring
entity shall carry out its procurement in accordance with the provisions
of this Act and the rules and guidelines made there under.
S. Determination of need for procurement and description thereof.-
(I) All procurement under this Act shall be initiated after first determining the
need for the subject matter of procurement and after fulfilling the obligations
under Section 8 below, duly taking into account the matters so prescribed in
this regard in the rules made under this Act.
(2) While assessing the need under sub-section ( 1 ), the procuring entity shall take
into account the estimated cost of the procu~ement and also decide on the
following matters, namely:-
(a) the scope or quantity of procurement, if determined;
(b) Ensure that the need is neither artificially created nor exaggerated, with the
intention to channel benefits to certain individual(s) or organization(s);
(c) ensure transparency and not restrict dialogue for determining solutions for
the need only with certain individual(s) or organization(s) giving them
undue advantage by way of access to inside information not disclosed or
disclosed late to others;
(d) limitation on participation of bidders in terms of section 6, if any
applicable, and justification thereof; and
(e) any other matter as may be prescribed.
THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 11, 2017 1031
(3) The procuring entity shaH maintain documents relating to the determination of
the need for procurement under sub~section ( 1) and the assessment made under
sub-section (2).
(4) Procurement Planning:
. (a) Every procurement entity shall prepare a Procurement Plan along with
their proposal for Annual Budgetary Allocations for a Financial Year
and the Plan shall be updated as per the approved Annual Budget
Allocation for the entity. The updated Procurement Plan shall be
approved by the concerned Administrative Department within 15 days
of receipt of Budget Communication from the Finance Department of
the State Government.
(b) The Procurement Plan, including its updates, shall set forth at the
minimum the following:~
(i) a brief description of goods, works, and/or non-consulting
services for which procurement action is to take place during the
respective financial year;
(ii) the proposed methods of procurement pursuant to the provisions
in this Act and the Rules made there under;
(iii) any provision of preference in accordance to Section~6 of the
Act;
(iv) the review thresholds as per the DFP Rules of the State
Govertunent;
(v) the time schedule for key procurement activities; and
(vi) any other information.
(c) The Procurement Plan prepared pursuant to sub-clause (4) ( a) of this
section may be further updated by the procurement entity with approval
of the concerned Administrative Department, provided that the updated
shall remain within the approved Annual Budgetary Allocation for the
procurement entity.
(d) The procuring entity shall publish the Procurement Plan prepared
pursuant to sub-clause 4 of this section on the State Public Procurement
Portal and in the website of the concerned procuring entity:
Provided that the publication of information under this clause
shall not be construed as initiation of procurement process and cast any
obligation on the procuring entity to issue bidding document or confer
any right on pr~spective bidders.
6. Participation of bidders.-
(1) The procuring entity .shall not establish any requirement aimed at limiting
participation of bidders in the procurement process that discriminats against or
1032 THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 11 , 2017
among bidders or against any category thereof, except when authorized or
required to do so by this Act or the rules or guidelines made thereunder
or by the provisions of any other law for the time being in force.
(2) In addition and Without prejudice to any existing provisions of enactment of
Procurement Preference Policy, Assam, 2015, the State Government may, by
notification in this behalf, provide for mandatory procurement of any
subject matter of procurement from any category of bidders, and
pW'Chase or price preference in procurement from any category of bidders, on
the following grounds, namely:-
(a) the promotion of domestic industry;
(b) socio-economic policy of the Central Government or the State
Government;
(c) any other consideration in public interest in furtherance of a duly
notified policy of the Central Government or the State Government:
Provided that any such notification shall contain a reasoned
justification for such mandatory or preferential procurement, the
category of suppliers chosen and the nature of preference provided.
(3) The procuring entity, when inviting the participation of
bidders in the procurement process, shall declare whether participation of
bidders is limited pursuant to this section and on what ground and any such
declaration may not ordinarily be later altered.
(4) Nothing in this section shall be construed as preventing the State Government
or any procuring entity from imposing or enforcing measures limiting
participation on account of the need,-
(a) to protect public order, morality or safety;
(b) to protect human, animal or plant life or their health;
(c) to protect intellectual property;
(d) to protect the essential security and strategic interest of
India.
(5) Eligibility Conditions:
(a) The procuring entity may however lay down reasonable Eligibility
Conditions for participation in the procurement process, as distinct
from and in addition to any technical or financial qualification
criteria, if prescribed, to ensure compliance with the Transparency
and Code oflntegrity as enunciated in Section 4(1) (b) and (d). Rules
and guidelines hereunder may lay down eligibility conditions that
may be prescribed by procuring entities.
(b) Any bidder participating in the procurement process shall, -
(i) have fulfilled his obligation to pay such of tpe taxes payable
to the Central Government or the State Government or any
local authority as may be specified in the bidding
THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 11 , 2017 1033
documents, pre-qualification documents or bidder
registration documents;
(ii) not be insolvent, in receivership, bankrupt or being wound
up,' not have its affairs administered by a court or a judicial
officer, not have its business activities suspended and must
not be the subject oflegal proceedings for any of the foregoing
reasons;
(iii) not have, and their directors and officers not have, been
convicted of any criminal offence related to their professional
conduct or the making of false statements or
misrepresentations as to their qualifications to enter into a
procurement contract within a period of three years preceding
the commencement of the procurement process, or not have
been otherwise disqualified pursuant to debarment
proceedings;
(iv) not have a conflict of interest as may be prescribed
and specified · in the pre-qualification documents, bidder
registration documents or bidding documents, which
materially affects fair competition;
(v) fulfill any other Eligibility Condition as may be
prescribed, in tenns of subsection 5(a) above.
7. Qualifications of bidders.-
(l) A procuring entity may detennine and ~pply one or more of the requirements
specified in sub-section (2) for a bidder to be qualified for participating in a
p~urement process, as distinct from and in addition to any eligibility
conditions, if prescribed.
(2) Any bidder participating in the procurement process shall, -
(a) possess the necessary professional, technical, quality assurance,
financial and managerial resources, certification and experience and
competencies required, if any, by the bidding documents, pre
qualification documents or bidder registration documents, as the case
may be, issued by the procuring entity;
(b) fulfill any other qualifications as may be prescribed.
(3) Subject to the right of bidders to protect their intellectual property or trade
secrets the procuring entity may require a bidder to provide any such
infonnation or declaration as it considers necessary to make an evaluation in
accordance with sub-s~ction (5) of Section 6 and sub-section (1) above.
1 034 THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 11 , 2017
(4) Any requirement established pursuant to section 6 and section 7 shall be set
out in the pre-qualification documents or bidder registration documents, if
any, and in the bidding documents and shall apply equally to all bidders.
(5) The procuring entity shall evaluate the eligibility and qualifications of
bidders only in accordance with the requirement specified in this sections 6
and 7.
8. Obligations related to value of procurement.-
( I) Initiating Procurement after due approvals,-
(a) every procuring entity shall initiate the procurement process only after
technical, administrative and budgetary approvals are accorded and
after obtaining the approval of the authority which has the necessary
financial powers to initiate such value and category of procurement as
per the rules and guidelines made under this Act.
(b) however, procuring entity to save time, may initiate advance actions
of procurement in anticipation of administrative and budgetary
approvals, under certain circumstances and following procedures
prescribed with the approval of an authority designated in this regard
in the rules made under this Act, provided that the procurement
process shall stop short of any financial or contractual commitment,
even in such cases unless administrative. and budgetary approvals
have been obtained.
(c) the Government shall lay down the circumstances, procedures and
designated authority for initiating such advance procurement under
sub-section (b) above.
(2) Each Procuring entity shall maintain a register of works and order of
supplies of goods and services, liabilities incurred against these works and
orders of supplies, liabilities cleared and liabilities awaiting clearance, in a
fonnat as may be prescribed:
Provided that the Government may make Rules not to sanction new
work if the outstanding liabilities in a Department exceed a limit as may be
prescribed.
{3) A procuring entity shall neither divide or bulk its procurement nor use a
particular valuation method for estimating the value of procurement so as to
avoid its obligations under sub-section ( 1) or to limit competition among
bidders or otherwise avoid its obligations under this Act:
Provided that in the interest of efficiency, economy and timely
completion or supply, a procuring entity may, for reasons to be recorded in
writing, divide or bulk its procurement into appropriate packages prior to
invitation of bid.
THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 11, 2017 1035
9. Time frame for processing.-
( I) Subject to the rules as may be made by the State Government in this behalf,
every procuring entity shall pre-determine a reasonable time frame for
completion of various stages of the process of procurement and indicate the
same in the pre-qualification documents, bidder registration documents or
bidding documents, as the case may be.
(2) The procuring entity shall endeavor to adhere to the time frame indicated
under sub-section (1) and in case of failure to do so extend such time frame
for reaSons to be recorded in writing.
10. Documentary record of procurement proceedings and of communications.-
( I) The procuring entity shall maintain a record of its procurement proceedings,
which shall include the following, namely:-
( a) Bid Dociunents of Bidders and certified copy of Contract Agreement
with the successful bidders
{b) Description of the subject matter of the procurement under
section 12;
(c) Statement of the reason for choice of a procurement
method other than open competitive bidding under sub-section (4)
of section 29
(d) Particulars of the participating bidders;
(e) Written requests for clarifications and any responses thereto
including during pre-bid conferences;
(f) Bid prices and other financial terms;
(g) Summary of the evaluation of bids;
(h) Details of any appeal under section 38, and the related decisions;
(i) Any other information or record as may be prescribed.
(2) Any document, notification, decision or other information
generated in the course of a procurement,. including in connection with
appeals under section 38 or in the course of a meeting, or forming part of the
record of the procurement process, shall be in a form that provides a record
of the content of the information and is accessible so as to be usable for
(3)
subsequent reference.
Subject to the provisions of the Right to Information Act, 2005 or of any
other law for the time being in force relating to retention of records, the
procuring entity shall retain the documentary record indicated in sub
sections ( 1) and (2), for a reasonable period after the expiry of the
procurement process or procurement contract, as the case may be, so as to
enable audit or such other review.
Central Act
No.ll of
:zoos
1036 THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 11, 2017
11. Code
(1)
of integrity for pro~uring entity and bidders.-
No officer or employee of a procuring entity or a person participating in a
procurement process shall act in contravention of the code of integrity
prescribed by the State Government.
(2) The code of integrity referred to sub-section (1) shall include provisions for,
(a) prohibiting, -
(i) any offer, solicitation or acceptance of any bribe, reward or gift or
any material benefit, either directly or indirectly, in exchange for an
unfair advantage in the procurement process or to otherwise
influence the procurement process;
(ii) any omission, including a misrepresentation that misleads or
attempts to mislead so as to obtain a financial or other benefit or avoid
an obligation;
(iii) any collusion, bid rigging or anti-competitive behavior to impair the
transparency, fairness and progress of the procurement process;
(iv) improper use of information shared between the procuring entity
and the bidders with an intent to gain unfair advantage in the
procurement process or for personal gain;
(y) any financial or business transactions between the bidder and any
officer or employee of the procuring entity, who are directly or
indirectly related to tender or execution process of contract;
(vi) any coercion including impairing or harming or threatening to do the
same, directly or indirectly, to any party or to its property to influence
the procurement process;
(vii) any obstruction of any investigation or audit of a procurement
process;
(viii) making false declaration or providing false information for
participation in,-
(a) tender process or to secure a contract;
(b) disclosure of conflict of interest;
(c) disclosure by the bidder of any previous
transgressions with any entity in India or any other country
during the last three years or of any debarment by any other
procuring entity.
(3) Without prejudice to the provisions of Chapter IV, in case of any breach of
the code of integrity by a bidder or prospective bidder, as the case may be,
the procuring entity after giving a reasonable opportunity of being heard,
may take appropriate measures including, -
(a) exclusion of the bidder from the procurement process;
(b) calling off of pre-contract negotiations and forfeiture or
encashment of bid security;
THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 11, 2017 1037
(c) forfeiture or encashment of any other security or bond relating to
the procurement;
(d) recovery of payments made by the procuring entity along with
interest thereon at bank rate;
(e) cancellation of the relevant contract and recovery of compensation for
loss inCUITed by the procuring entity;
(f) debarment of the bidder from participation in future procurements of
the procuring entity for a period not exceeding three years under
section 46.
12. Description of die subject matter of procurement-
( I) 1he description of the subject matter of procurement shall be set out in the
pre-qualification documents, bidder registration documents and the bidding
documents and shall, -
(a) be such as to meet the essential needs of the procuring entity;
(b) to the extent practicable-
(i) be objective, functional, generic and measurable;
(ii) set out the relevant technical, quality and
performance characteristics;
(iii) not indicate a requirement for a particular trade mark, trade
name or brand and incase it is essential to mention, the word "
or equivalent" shall be invariably used after the trade mark,
trade name or brand;
(c) be dra¥ro up in accordance with guidelines as may be prescribed.
(2) Where applicable, the technical specifications shall, to the extent practicable,
be based on national technical regulations or recognised national standards
or building codes, wherever such standards exist or in their absence, relevant
International Standards may be used.
13. Single envelop and two envelop bids.-
(1) State Government may lay do¥m in rules and guidelines hereunder,
conditions and detailed procedures under which, a procuring entity may
choose to,-
(a) call for bids in which the technical, quality and performance
aspects, commercial terms and conditions and the financial aspects
including the price are contained in a single envelope; or
(b) if it is of the opinion that it is essential to evaluate the technical
aspects of a bid before considering its financial aspect, call for bids
in two envelopes, namely:-
103 8 THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 11 , 2017
(i) the techno-commercial bid containing the technical, quality
and performance aspects, commercial terms and conditions and
all other details and document.<:; sought in the tender, except the
price and relevant financial details; and
(ii) the financial bid containing financial aspects including the
pnce.
(2) In case the procuring entity calls for bids in terms of clause (b) of sub
section (1 ), the techno-commercial bid shall be opened and evaluated first
and the financial bid of only those bids which have been found technically
acceptable shall be opened and evaluated.
14. Criteria for evaluation.-
(!) Save as otherwise provided in this Act or the rules or guidelines made
thereunder or in any other law for the time being in force, the evaluation
criteria shall relate to the subject matter of procurement and may include, -
(a) the price;
(b) the cost of operating, maintaining and repairing goods or works, the
time for delivery of goods, completion of works or provision of
services, the characteristics of the subject matter of procurement,
such as the functional characteristics of goods or works and the
environmental characteristics of the subject matter, the terms of
payment and of guarantees in respect of the subject matter of
procurement; and
(c) where relevant, the experience, reliability and professional
and technical competence of the bidder and of the personnel to be
involved in providing the subject matter of procurement.
(2) Where considered necessary, the procuring entity may also specify trials,
sample testing and other additional methods of technical evaluation of a bid:
Provided that the requirement of such trials, sample testing or
additional methods of evaluation shall be indicated in the bidding
documents and a record of such trials and testing shall be maintained in such
manner as may be prescribed.
(3) To the extent practicable, all non-price evaluation criteria shall be
objective and quantifiable.
( 4) The criteria for evaluation of bids, including whether the requirements
laid down in sub-section (2) of section 6 are applicable, shall be contained in
the bidding documents.
(5) Where applicable, the relative weights to be attached to each criterion shall
be specified in the bidding documents.
(6) No criteria or procedme, other than those mentioned in the bidding
documents shall be used by the procuring entity in evaluating bids.
THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 11, 2017 1039
15. Price negotiations.- Save as otherwise provided in section 31 or section 35 or in such
circumstances and subject to such conditions as may be prescribed, no price
negotiation shall be held by a procuring entity with a bidder with respect to a bid
presented by him.
16. Terms and conditions of contracts.-
(1) The terms and conditions of the procurement contracts entered into shall be
in accordance with the provisions of this Act, the applicable rules and the
conditions indicated in the bidding documents.
(2) The State Government may prescribe· standard terms and conditions of
contract which shall be incoxporated in the procurement contracts entered
into by procuring entities as applicable.
17. State Public Procurement Portal.-
(1) The State Government shall set up and maintain a State Public Procurement
Portal accessible to the public for posting matters relating to public
procurement.
(2) Each procuring entity shall cause the procurement related information to be
published as required under this Act or the rules and guidelines made
thereunder on the Portal referred to in sub-section (1 ).
(3) Without prejudice to the generality of sub-section (2), the State Public
Procurement Portal shall provide access to the folJowing information, for
such period of time as may be prescribed, in relation to procurement
governed by the provisions of this Act, namely:-
(a) pre-qualification documents, bidder registration documents,
bidding documents and any amendments, clarifications including
those purstiant to pre-bid conference, and corrigenda thereto;
(b) list of bidders that presented bids including during pre-
qualification or bidder registration, as the case may be;
(c) list of pre-qualified and registered bidders, as the case may be;
(d) list of bidders excluded under section 25, with reasons;
(e) decisions under sections 38 and 39;
(f) details of successful bids, their prices and bidders;
(g) particulars of bidders who have been debarred by the State
Government or a procuring entity together with the name of the
procuring entity, cause for the debarment action and the period of
debarment;
(h) any other information as may be prescribed.
18. Pre-qualification of bidden.-
(1) In appropriate technically complex; strategic and high value procurements as .
prescribed in rules and guidelines made hereunder a procuring entity may
engage in a pre-qualification process, with a view to identifying, prior to
inviting bids, the bidders that are qualified for any specified period of time.
1040 THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 11, 2017
(2) For the purpose of sub section (1 ), a procuring entity may invite offers from
prospective bidders by giving wide publicity to the invitation to pre-qualify
and shall publish the particulars of the bidders that are qualified on the State
Public Procurement Portal.
(3) Where a procuring entity has undertaken a pre- qualification process in
respect of any procurement, only such pre- qualified bidders shall be entitled
to continue in the procurement proceedings.
(4) The procuring entity shall decide who is pre-qualified in accordance with
section 7 and the criteria set out in the pre- qualification documents.
(5) Every pre-qualification process shall be carried out in such manner and in
accordance with such procedure as may be prescribed.
19. Registration of bidders.-
(1) With a view to establishing reliable sources for a subject matter of
procurement or a class of procurement, which may be commonly required
across procuring entities· or repeatedly required by a procuring entity, a
procuring entity may maintain a panel of registered bidders.
(2) For the purpose of sub-section (I), a procuring entity may invite offers from
prospective bidders by giving wide publicity to the invitation to register and
such registration shall be done in accordance with section 7, this section and
the criteria set out in the bidder registration documents.
(3) The procuring entities shall update the list of registered bidders by allowing
potential bidders to apply for registration on a continuous basis.
( 4) The State Government may prescribe the procedure and conditions for
registration of bidders and the period for which such registration shall be
valid. Such rules and guidelines may also cover the conditions and
procedure for removal of registered bidders from such a list of registered
bidders.
(5) Where a procuring entity does not register bidders in respect of a subject
matter of procurement, it may use the list of registered bidders of any other
procuring entity, if any.
(6) The results of the registration process shall be intimated to the bidders and
the list of registered bidders for the subject matter of procurement shall
be published in the State Public Procurement Portal.
20. Contents of bidding documents.-
( I) Subject to the rules as may be made in this behalf, the invitation to bid
shall contain-
(a) a brief description of subject matter of procurement;
(b) in case of procurement of, -
(i) goods, its specifications
time and place of delivery;
including the nature, quantity,
THE ASSAM GAZE'ITE, EXTRAORDINARY, APRIL 11, 2017 1041
(ii) works, the nature, completion time and location of the
works;
(iii) services, the nature of the services, the time and location for
providing service.
(c) any notice of limitation to participation of bidders in terms of
section 6;
(d) the manner, date and time for submission ofbids;
(e) any other information which is considered by the procuring entity
relevant for the purpose.
(2) The detailed bidding document shall contain the particulars included in the
invitation to bid, the criteria for evaluation of bids, the terms of the
procurement contract, and such further information as may be prescribed,
which may be necessary for the bidders to submit their bids.
(3) The State Government may prescribe standard conditions to be
included in bidding documents including its form.
(4) The State Government may prescribe model bidding documents for
different classes of procurements.
ll. Time frame for submission of bids.-
( 1) While fixing the last date by which bids are to be submitted by the bidders.
the procuring entity shall take into account-
( a) the need of the bidders for having a reasonable time to prepare and
submit their bids; and
(b) the time frame envisaged for procurement.
(2) Subject to the provisions of section 23, the maximum time as may be
allowed for submission of bids shall be the same for all bidders.
ll. ~bid clarlfiaations.-
(1) Any bidder may, in writing, seek clarifications from the procuring entity in
respect of the bidding documents.
(2) The period within which the bidders may seek clarifications under sub
section (1) and the period within which the procuring entity shall respond to
such requests for clarifications shall be specified in the bidding docwnents.
(3) All requests for clarifications and responses thereto shall be intimated to all
bidders and where applicable, shall be published on the State Public
Procurement Portal.
( 4) A procwing entity may hold a pre-bid conference to clarify doubts of
potential bidders in respect of a particular procurement and the records of
such conference shall be intimated to all bidders and where applicable, shall
be published on the State Public Procurement Portal.
1042 THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 11 , 2017
23. Changes to bidding documents.-
(1) In case any modification is made to the bidding documents or any
clarification is issued which materially affects the terms contained in
the bidding documents, the procuring .entity shall publish such modification
or clarification in the same manner as the publication of the initial bidding
documents.
(2) In case a clarification or modification is issued to the bidding documents, the
procuring entity may, prior to the last date for submission of bids, extend
such time limit in order to allow the bidders sufficient time to take into
account the clarification or modification, as the case may be, while
submitting their bids.
(3) Any bidder who has submitted his bid in response to the original invitation
shall have the opportunity to modify or re- submit it, as the case may be,
within the period of time originally allotted or such extended time as may be
allowed for submission of bids, when changes are made to the bidding
documents by the procuring entity:
Provided that the bid last submitted or the bid as modified by the
bidder shall be considered for evaluation.
24. The procedure relating to submission, opening and evaluation of bids.- Subject to
the terms and conditions as may be laid down in the bidding documents, submission of
bids, opening and evaluation of bids, including constitution of committees for those
purposes shall be in accordance with the rules made under this act as may be
prescribed in the guidelines prepared there under.
25. Exclusion of bids.-
(1) A procuring entity shall exclude a bid if, -
(a) the bidder is not qualified in terms of section 7;
(b) the bid materially departs from the requirements specified in the
bidding documents or it contains false information;
THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 11, 2017 1043
(c) the bidder submitting the bid, his agent or any one acting on his
behalf, gave or agreed to give, to any officer or employee of the
procuring entity or other governmental authority a gratification in
any form, or any other thing of value, so as to unduly influence the
procurement process;
(d) a bidder, in the opinion of the procuring entity, has a conflict of
interest materially affeExcerpt shown. Open the full act in Lexace.