Section 84
Provisions Relating To Sealed Quotations
(1) The public entity may, as per the approved program and procurement plan, procure goods, construction work or any service the cost estimate of which does not
exceed two million rupees by inviting sealed quotations pursuant to Section 40 of the Act.
(1a) Notwithstanding anything contained elsewhere in this Regulation, procurement of X-ray, ECG, medicinal goods, medical equipment used for diagnosis and treatment of a disease, the cost of which does not exceed five million rupees may be made by inviting sealed quotations.
(2) The public entity shall specify the following matters, in addition to the matters set out in sub-section (2) of Section 14 of the Act, in the sealed quotation form:
(a) Details of the goods to be supplied, construction work to be completed or the service to be provided,
(b) Qualification of the sealed quotation bidder (except in the case of procurement of construction work),
(c) Performance security, if so required,
(d) Validity period of the sealed quotation,
(e) Statement that the sealed quotation form shall be duly signed by the sealed quotation bidder,
(f) Method of evaluation of the sealed quotation,
(g) Warranty related liability in the case of goods and liability covering the defect liability period in the case of a construction work.
(3) Once the form is prepared pursuant to sub-rule (2), the public entity shall, in order to invite sealed quotations, publish a notice pursuant to sub-section (3) of Section 40 of the Act, and such a notice shall contain the following matters:
(a) Place where the sealed quotation form is available and the charge applicable for it,
(b) If security is required, the type, amount and period thereof,
(c) Manner for sending the sealed quotation,
(d) Name and address of the office to which or the official to whom the sealed quotation shall be sent,
(e) Last date and time for submission of the sealed quotation,
(f) Date, place and time for opening the sealed quotation,
(g) Other necessary matters.
(3a) If, upon publication of a notice pursuant to sub-rule (3), less than three sealed quotations are submitted or no sealed quotation is submitted, a notice shall be published for the second time pursuant to that sub-rule, without mentioning any matter with respect thereto.
(3b) If, even upon publication of a notice for the second tie pursuant to sub-rue (3a), a required number of sealed quotations are not submitted, nothing shall bar the approving of a sealed quotation, out of the submitted sealed quotations.
(4) A person, firm, organization or company wishing to submit a sealed quotation shall purchase the quotation form from the concerned public entity upon payment of one thousand rupees and submit the sealed quotation in the same form.
(5) The quotation form referred to in sub-rule (4) has to bear the signature of the chief of the concerned public entity or employee designated by him or her and the seal of the office.
(6) In requiring the security for the sealed quotation, the public entity shall, subject to the ceiling of two to three percent amount of the approved cost estimate, specify a certain amount and set out the amount of security in the notice inviting sealed quotations. A person, firm, organization or company who submits the sealed quotation shall submit, along with the sealed quotation, such security in cash or in the form of such a bank guarantee with the validity period of seventy-five days as issued by a commercial bank
(7) The validity period of the sealed quotation shall be of forty-five days.
(8) The public entity shall open the sealed quotation forms immediately after the expiry of the deadline for submission of sealed quotations at the place specified in the notice inviting sealed quotations in the presence of the sealed quotation bidders or their representatives, as far as possible.
(9) The evaluation committee shall examine and evaluate the sealed quotations.
(9a) Only in the case where a minimum of three sealed quotations, out of the sealed quotations submitted pursuant to the notice for the first time, become substantially responsive, the evaluation committee shall select the quotation with the lowest quoted price for acceptance.
(10) The public entity shall, within fifteen days of the date of the opening of sealed quotations pursuant to sub-rule (8), accept the sealed quotation pursuant to sub-section (5) of Section 40 of the Act and give a notice thereof to all sealed quotation bidders.
(11) The public entity shall, within seven days of the acceptance of the sealed quotation pursuant to sub-rule (10), give a notice to the concerned sealed quotation bidder to appear to sign the procurement contract.
(12) The sealed quotation bidder receiving the notice referred to in sub-rule (11) shall sign the procurement contract within seven days of the date of receipt of such a notice, upon furnishing the performance security referred to in Rule 110.
(13) The security furnished by the sealed quotation bidder pursuant to sub-rule (6) shall be forfeited in any of the following circumstances:
(a) If the selected sealed quotation bidder does not sign the procurement contract,
(b) If he or she fails to furnish the performance security specified in the sealed quotation form within the time for signing the procurement contract,
(c) If he or she does an act contrary to the conduct referred to in Section 62 of the Act.
(14) Other procedures relating to the sealed quotations shall be as per the provisions set out in Chapter-5.