JAIPUR DEVELOPMENT AUTHORITY

REQUEST FOR PROPOSAL (RFP)

Appointment of Auditor/ CA Firms for "Property Audit of Jaipur Development Authority

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REQUEST FOR PROPOSAL RFP

DISCLAIMER

The information contained in this Request for Proposal document (the

"RFP") or subsequently provided to Applicant(s), whether verbally or in documentary or any other form, by or on behalf of the Authority or any of its employees or advisors, is provided to Applicant(s) on the terms and conditions set out in this RFP and such other terms and conditions subject to which such information is provided. This RFP is not an agreement and is neither an offer nor invitation by the Authority to the prospective Applicants or any other person. The purpose of this RFP is to provide interested parties with information that may be useful to them in the formulation of their application for pursuant to this RFP (the

"Application"). This RFP includes statements, which reflect various assumptions and assessments arrived at by the Authority in relation to the Project. Such assumptions, assessments and statements do not purport to contain all the information that each Applicant may require. This RFP may not be appropriate for all persons, and it is not possible for the Authority, its employees or advisors to consider the investment objectives, financial situation and particular needs of each party who reads or uses this RFP. The assumptions, assessments, statements and information contained in this RFP may not be complete, accurate, adequate or correct. Each Applicant should therefore, conduct its own investigations and analysis and should check the accuracy, adequacy, correctness, reliability and completeness of the assumptions, assessments, statements and information contained in this RFP and obtain independent advice from appropriate sources. Information provided in this RFP to the Applicant(s) is on a wide range of matters, some of which may depend upon interpretation of law. The information given is not intended to be an exhaustive account of statutory requirements and should not be regarded as a complete or authoritative statement of law. The Authority accepts no responsibility for the accuracy or otherwise for any interpretation or opinion on law expressed herein.

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The Authority, its employees and advisors make no representation or warranty and shall have no liability to any person, including any Applicant or Bidder, under any law, statute, rules or regulations or tort, principles of restitution or unjust enrichment or otherwise for any loss, damages, cost or expense which may arise from or be incurred or suffered on account of anything contained in this RFP or otherwise, includin

thg the accanduracy

any ,

adequacy, correctness, completeness or reliability of e RFP assessment, assumption, statement or information contained therein or deemed to form part of this RFP or arising in any way with pre-qualification of Applicants for participation in the Bidding Process.

The Authority also accepts no liability of any nature whether resulting from negligence or otherwise howsoever caused arising from reliance of any Applicant upon the statements contained in this RFP. The Authority may, in its absolute discretion but without being under any obligation to do so, update, amend or supplement the information, assessment or assumptions contained in this RFP. The issue of this RFP does not imply that the Authority is bound to select and short-list Applications and the Authority reserves the right to reject all or any of the Applications or Bids without assigning any reasons

whatsoever. The Applicant shall bear all its costs associated with or relating to the preparation and submission of its Application including but not limited to preparation, copying, postage, delivery fees, expenses associated with any demonstrations or presentations which may be required by the Authority or any other costs incurred in connection with or relating to its Application. All such costs and expenses will remain with the Applicant and the Authority shall not be liable in any manner whatsoever for the same or for any other costs or other expenses incurred by an Applicant in preparation or submission of the Application, regardless of the conduct or outcome of the

Bidding Process.

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JAIPUR DEVELOPMENT AUTHORITY INDIRA CIRCLE, 3LN MARG, JAIPUR

Request Proposals

1. JDA intends to Empanel Chartered Accountants firms for property audit of JDA schemes. Accordingly, JDA invites proposals from the eligible Chartered Accountants firms (hereinafter referred as Bidder) to enable JDA for selection of C.A. firm. Eligibility criteria are as follows:-

1 No. of years experience as C.A.

10 years

2.

3.

No. of Public Sector Undertaking Banking Institutions and Government Sector Institutions audited in the capacity if statutory auditors. The firm should have Office or Regional Office in Jaipur City in case of Regional Office, the C.A. of the Regional Office should have experience .

At least 3 Institutions

Note:- Documents to be submitted in support of above facts:-

1. In respect of Serial No.1, certificate issued by the Institute of Chartered Accountants of India.

2. In respect of Serial No.2, order of competent authority must be enclosed.

3. In respect of Serial No.3, appropriate proof must be enclosed.

4. Proposals found without proper document or incomplete in any respect shall not be considered and will be rejected without further correspondence with the bidder.

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Interested and eligible firms of Chartered Accountants as per eligibility criteria mentioned above, may obtain the Bid from the address of communication as given below at non refundable cost of Rs. 500/-(Rs. Five Hundred Only), in the favour of A/c payee demand draft/Bankers Cheque drawn in favour of Secretary, Jaipur Development Authority, Jaipur, payable at Jaipur. The Bid form can also be downloaded from the JDA website WWW.jaipurjda.org and document fees Rs. 500/- shall be submitted in a separate cover along with the proposal in form of A/c payee demand draft/Bankers Cheque drawn in favour of Secretary, Jaipur Development Authority, Jaipur, payable at Jaipur.

2. The Bid along with other documents/information regarding technical qualifications duly signed in each page by the bidder should be submitted in the first sealed envelope and EMD may be submitted in second sealed envelope. Both the envelope must be put in third sealed envelope clearly super-scribing the envelope as "Bid for empanelment of C.A. firms for

property audit."

2. 1.

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Date of sale of bid document Date and Time of Receipt of Bid Date of opening of Technical Bid

07.03.2014 09.04.2014 On 3:00 PM 09.04.2014 On 3:30 PM

ADDRESS FOR COMMUNICATION Additional Director(R & DP)

Room No.128 Jaipur Development Authority

Indira Circle, JLN Marg Jaipur-302003

3. Financial offer shall be taken from empanelled firms as and when required at the time of work order

4. Jaipur Development Authority, Jaipur reserve the right to accept or reject any or all the proposals without assigning any reason thereof

Direc or( in.) JDA, Jaipur.

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The technical bid and EMD is to be kept in duly Superscripted

Separate Envelope "A" & "B" respectively and both the envelopes should be kept in a separate sealed envelope Superscripted the name of work and name of bidder. The Single parts of the Proposal (Technical proposal ) must be submitted in a hard bound form (hard bound implies binding between two covers through stitching or otherwise whereby it may not be possible to replace any paper without disturbing the documents with all pages numbered serially, along with an index of submission. Spiral bound form, loose form, etc will not be accepted). In the event, any of the instructions mentioned herein have not been adhered to, JDA may reject the Proposal. First the technical bid will be opened and evaluated. The Authority shall shortlist highest scorer eligible firms on the basis of their technical scores. Financial offer shall be taken from responsive technical bidders 5. Bids are valid for Ninety (90) days from the date of receipt of bid. 6. Bid Security of Rs7500.00 in the form of Demand Draft in favour of

Secretary, JDA payable at Jaipur from any Nationalized/ Scheduled bank should be enclosed along with the submission of tender documents. If earnest money is not found in order then the bid document will be liable to be rejected.

7. Bids must be delivered in the office of the Additional Director(R& PD) Room No-128, 1st Floor, Main Building on or before 09.04.2014 upto 3.00 PM Hrs and bid will be opened on the same date at 3.30 PM Hrs in the presence of bidders who wish to attend.

8.Tender notice can also be seen on the JDA website http:/www.jaipurjda.org

9. For any other information, the contact person shall be (a) Ramavatar Sharma, Addl. Director (R. &DP), JDA, Mobile No:

9414033442

10. "All the provisions of THE RAJASTHAN TRANSPARENCY IN PUBLIC PROCUREMENT ACT, 2012 and Rules, 2013 will be applicable. If there is any contradictions in existing special conditions and provisions of THE RAJASTHAN TRANSPARENCY IN PUBLIC PROCUREMENT ACT, 2012 and Rules, 2013, shall be applicable.

Director(Fin.) JDA, Jaipur

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SECTION 2: INFORMATION TO CHARTERED ACCOUNTANTS FIR1VIS

1. INTRODUCTION

1.1 Eligibleproposal for providing consulting services quire sal

d for

named in the attached Letter of Invitation re Propo basis for future negotiations and ultimately a contract between firm and the JDA. Please note that (i) the costs of preparing the proposal and negotiating for the contract, are not reimbursable as a p direct cost of assignment and (ii) JDA is not bound to accept any of the proposals received by it and reserves the right to annul the

ection process at any time prior to contract award, with thereby incurring any liability to the Consultants.

1.2 Please note that (i) the costs of preparing the proposal and negotiating for the contract, are not reimbursable as a direct cost of assignment t and (ii) JDA is not bound to accept any of the proposals receive by i and reserves the right to annul the selection process at any time prior to contract award, without thereby incurring any liability to the

Consultants. 1.3 We wish to remind you that in order to avoid conflict or the

of interest

situations, any firm associated with the Concessionaire Ring Road project as its Auditor or Financial Consultant for this project, it will not be eligible to participate in the bidding.

1.4 Firms have an obligation to disclose any situation of actual orst potenti

their al

conflict that impact their capacity to serve the best intere of Client, or than may reasonably be perceived as having this effect. Failure to disclose said situation may lead to the disqualification of the Firms or the termination of its contract.

1.5 It is the JDA's policy that the firms observe the highest standard of et e of hics

during the selection and execution of such contracts. In pursuanc

this policy, the JDA: (a)Defines, for the purpose of this paragraph, the terms set forth below

as follows:

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(i) "Corrupt practice" means the offering, giving, receiving, or soliciting, directly or indirectly, of anything of value to influence the action of a public official in the selection process or in contract execution.

(ii)"Fraudulent practice" means a misrepresentation or omission of facts in order to influence a selection process or the execution of a contract;

(iii) "Collusive practices" means a scheme or arrangement between two or more consultants with or without the knowledge ofthe Client, designed to establish prices at artificial, non-competitive levels;

(iv) "Coercive practices" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in a procurement process, or affect the execution of a contract.

(b) Will reject a proposal for award if it determines that the firm's recommended for award has, directly or through an agent, engaged in corrupt, fraudulent, collusive or coercive practices in competing

for the contract in question.

2. CLARIFICATIONS AND AMENDMENT OF RFP DOCUMENTS

2.1 The eligible firms may request a clarification of any of the RFP documents up to 7 days before the Proposal submission date or in Pre-bid meeting. Any request for clarification must be sent in writing by paper mail, facsimile, or electronic mail to the Client's address The Client will respond by cable or facsimile or electronic mail or on the website of Authority to such requests. (Including an explanation of the query but without identifying the source of inquiry) to all invited firms who intend to submit proposals.

2.2 At any time before the submission of Proposals, the Client may for any reason, whether at its own initiative or in response to a clarification requested by a firm, modify the RFP documents by amendment. Any amendment shall be issued in writing through addendum. Addendum may be sent by mail, cable, telex, facsimile or electronic mail to firms or/and will be hosted on JDA website which will be binding on them. The Client may at its discretion extend the deadline for the submission of Proposals.

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3. PREPARATION OF PROPOSAL 3.1 Firms are requested to submit their proposal in Single Parts

using but not limited to the formats enclosed herewith in 2 separate envelopes and put together in one single outer envelope along with bid security of Rs. 7500.00 and Security deposit @ 5% of cost & consultancy work. After adjustment of earnest money, remaining amount of security deposit in the form of demand draft in favour of Secretary, JDA payable at Jaipur. Part 1: Technical Proposal, The proposal shall be written in the English language. Supporting documents and printed literature furnished by the Applicant with the Application may be in any other language provided that they are accompanied by translations of all the pertinent passages in the English language, duly authenticated and certified by the Applicant. All pages of the Technical and n se

Financial Proposal shad ll

be signed, sealed by an authorized representatives in bound together in hard cover. The representative's authorization shall be confirmed by Power of Attorney duly notarized to be submitted with the proposal as per the format provided in RFP.

3.2 Firms are expected to examine all terms and conditions included in the documents. Failure to act or to provide all requested information will be at their own risk and may result in rejection of their proposal. During preparation of the Technical proposal applicants may give particular attention to the following:

• It is received as per the formats provided in this RFP document and it is as per the requirements of this RFP,

• It is received by the Application Due Date and time including any extension thereof,

• It is signed, sealed, serially numbered, indexed and bound together in hard cover and marked as stipulated in.

• It contains all the information (complete in all respects) as requested in this RFP (in formats same as those specified),

• It does not contain any condition or qualification,

• It meets the eligibility criteria as specified in eligibility criteria of this RFP,

. It contain all the documents/ information as required by this RFP,

3.3 The Technical Proposal must provide the following information/documents, using but not limited to the formats attached.

i. Copy of Registration Certificate of the firm with The Institute of Chartered Accountants of India.

ii. Copies of Applicant's duly audited balance sheet and profit and loss account for the preceding five years.

3.4 The technical proposal must not include any financial

information.

4. SUBMISSION, RECEIPT AND OPENING OF PROPOSALS

4.1 The 'ORIGINAL' proposal shall be prepared in indelible ink. It shall contain no inter-lineation or overwriting, except as necessary to correct errors made by the firm itself. Any such corrections must be initiated by the person or persons who sign(s) the Proposals.

4.2 All pages of the 'ORIGINAL" Proposal shall be signed and stamped by the eligible authority as specified in Bid Document.

4.3 Only one original proposal must be submitted. The "ORIGINAL" of the Technical Proposal along with the RFP Document and updated addendum/ amendments, shall be sealed separately in an envelope clearly duly marked.

4.4 This outer envelope shall include two separate envelopes, each clearly marked as "Envelope-A: Technical Proposal", "Envelope-B: EMD/Bid Security of Rs. 7500/- in the form of Demand Draft in favour of Secretary, JDA Jaipur payable at Jaipur. The outer envelope shall contain the name, address, telephone number of applicant and shall be clearly marked as under:

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each of the envelopes shall be addressed to:

ATTN. OF: Sh. Devraj Singh DESIGNATION Director (Finance), JDA ADDRESS: Room No. 128, Ist Floor,

Jaipur Development Authority, JLN Marg, Jaipur, Rajasthan

Mobile No 9414068368

4.5 The Technical must be submitted in a hard bound form (hard bound implies binding between two covers through stitching or otherwise whereby it may not be possible to replace any paper without disturbing the document - spiral bound form, loose form, etc. will be not accepted) with all pages numbered serially, along with an index of submissions.

4.6 The completed proposal must be delivered on or before the time and date stated in this RFP.

4.7 If the envelopes are not sealed and marked as instructed above, the Authority assumes no responsibility for the misplacement or premature opening of the contents of the Application and consequent losses, if any, suffered by the Applicant.

5 PROPOSAL EVALUATION

5.1 A single-stage procedure shall be adopted in evaluating the technical proposals. Firms Eligible to apply:

5.2 This RFP is open for all prospective and eligible Property auditors (chartered accountant).

Technical Proposal

5.3 The JDA shall carry out its evaluation by applying the evaluation criteria and point system specified in the data sheet. Each proposal shall be attributed a technical score. All the technical bids so received shall be opened and pursuant to the evaluation thereof, the Authority shall shortlist highest scorer eligible firms on the basis of their technical scores. Financial offer shall be taken from responsive technical bidders

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No. of years experience as C.A/ firm

No. of Public Sector Undertaking Banking Institutions and Government Sector Institutions audited in the capacity if statutory auditors. The firm should have Office or Regional Office in Jaipur City in case of Regional Office, the C.A. of the Regional Office should have experience . The firm or any of its partners should not have been disqualified or black-listed by the Comptroller and Auditor General of India or the Authority. As per

10 Iv ycato

At least 3 Institutions

6. AWARD OF CONTRACT ,

6.1 The Client shall award the Contract to the selected lowest financial and technical responsive penal of Consultancy firm .

The successful firm with whom the contract is signed is expected to commence the assignment on the date and at the location specified in the work orders 6.4 The Authority reserves the right to terminate the appointment of

the Auditor. 6.5 The Authority shall have the right, but not an obligation, to

appoint at its cost from time to time and at anytime, another Property Auditor firm to audit and verify all those matters, expenses, costs, realisations and things which the statutory auditors are required to do, undertake or certify pursuant to this agreement.

ELIGIBILITY CRITERIA ,

(A) Eligibility criteria for applicant firm

NUL

(B) Interested firms meeting the eligibility criteria shall be required to submit a statement of their capability, profile of the firm; copies of Letter of Awards receive for providing consultancy for Property Audit including the bio-data of all the practising Chartered Accountants on its rolls as technical bid in a separate envelop (all documents in support should be attested by Notary Public and financial bid in a separate envelope) and financial bid in a separate envelop.

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The firms should meet the above eligibility criteria for passing the initial screening Technical Evaluation. The firms who do not meet the eligibility criteria mentioned as above stated shall be treated as Non responsive and shall not qualify. The points assigned to Technical Evaluation criteria are:

Years Total 1 Marks

10 years

At least 3 Institutions

S. Experience no

No. of years experience as C.A/firm

1.

2. No. of Public Sector Undertaking Banking Institutions and Government Sector Institutions audited in the capacity if statutory auditors.

3. The firm should have Office or Regional Office in Jaipur City in case of Regional Office, the C.A. of the Regional Office should have experience .

4. The firm or any of its partners should not have been disqualified or black-listed by the Comptroller and Auditor General of India or the Authority.As per Annex.6

Total

7. "All provision of THE RAJASTHAN TRANSPARENCY IN PUBLIC PROCUREMENT ACT, 2012 and Rules, 2013 will be applicable. If there is any contradictions in existing special condition and provisions of THE RAJASTHAN TRANSPARENCY IN PUBLIC PROCUREMENT ACT, 2012 and Rules, 2013shall be applicable.

8. Full fill the Annexure A, B, C & D as per required information.

Annexure A : Compliance with the code of Integrity and No conflict of

Interest Annexure B : Declaration of the bidders Regarding the Qualifications

Annexure C : Grievance Redressal during Procurement Process in case of

appeal Annexure D : Additional Conditions of Contract.

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proposal. Consultant Year of

Establishmen t

Country Type of Organisation Partnership Individual Other

individual /Firms

SECTION 3: FORMATS FOR SUBMISSION OF FIRMS CRED .

FORMATS ,

APPENDIX-1 Year of Establishment of the Firm

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• Year of Establishment of Firm: roof of establishment of firm

Note: (a) The Firm shall submit registration certificate with ICAI or any other

proof of establishment of firm.

(b) The Applicant shall attach copies of the audited balance sheets and Profit & Loss a/c along with auditor's report and all annexure to the balance sheet, and Annual Reports for 5 (five) financial years preceding the Application Due Date. For the avoidance of doubt, financial year shall, for the purposes of an Application hereunder, mean the years excluding the current financial year.

(c) For claiming experience, certificate containing the name of the applicant period of the work from employer concerned employer should be enclosed.

The following information related to the firm should be provided in the

i. Office/ Business Address/Telephone nos./Cable Address. ii. Profile of firm

iii. Name of two(2) principals who may be contacted with title and telephone number/fax number.

iv. Financial Statement of the last five years excluding current financial year **a) The amount shall be stated in INR.

Note: In case copies of any documents submitted along with the application, same must be attested by a notary public as certified true copy.

APPENDIX-2 ,

Experience as consultants of conducting audit

S. No Name of the Name o Description Size of th Department Compan of Service Consultancy

Institutions Govt. vork (in Rs. Oroanization Crores)

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APPENDIX-3

The firm having at least 02 (two) practising Charter Accountants on its rolls, each with minimum experience of 3 years in the profession in this firm.

S. Name of Charter Qualification Total Experience No Accountants/firms including Brief

Details

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Appendix - 4 TERMS OF REFERENCE

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APPENDIX-05

(To be executed on a Non Judicial Stam Paper of Rs 100.00 & to be attested b Notar Public)

AFFIDAVIT

(Designation and

Name of Firm) under take the oath that the information furnished by me in Appendix 01 to 05 of the technical bid for "Appointment of CA Firms for "Property Audit of JDA Schemes at Jaipur in the State of Rajasthan" is correct to the best of my/our knowledge. If any information is found to be incorrect, JDA has right to reject the bid and to take against me/us as per rules.

2. It is also to undertake the oath that our firm or any of its partners should not have been disqualified or blacklisted by the comptroller and Auditor General of India or the Authority.

Signature of Authorized Signatory with designation and Seal

1 I/We Slo

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Annexure A : Compliance with the Code of Integrity and No Conflict of Interest Any person participating in a procurement process shall -

(a) not offer any bribe, reward or gift or any material benefit either directly or indirectly in exchange for an unfair advantage in procurement process or to otherwise influence the

procurement process;

(b) not misrepresent or omit that misleads or attempts to mislead so as to obtain a financial

or other benefit or avoid an obligation;

(c) not indulge in any collusion, Bid rigging or anti-competitive behavior to impair the transparency, fairness and progress of the procurement process;

(d) not misuse any information shared between the procuring Entity and the Bidders with an intent to gain unfair advantage in the procurement process;

(e) not indulge in 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; (f) not obstruct any investigation or audit of a procurement process;

(g) disclose conflict of interest, if any; and

(h) disclose any previous transgressions with any Entity in India or any other country during the last three years or any debarment by any other procuring entity.

Conflict of Interest:- The Bidder participating in a bidding process must not have a Conflict of Interest. A Conflict of Interest is considered to be a situation in which a party has interests that could improperly influence that party's performance of official duties or responsibilities, contractual obligations, or compliance with applicable laws and regulations. i. A Bidder may be considered to be in Conflict of Interest with one or more parties in a

bidding process if, including but not limited to:

a. have controlling partners/ shareholders in common; or

b. receive or have received any direct or indirect subsidy from any of them; or

c. have the same legal representative for purposes of the Bid; or

d. have a relationship with each other, directly or through common third parties, that puts them in a position to have access to information about or influence on the Bid of another Bidder, or influence the decisions of the Procuring Entity regarding the

bidding process; or e. the Bidder participates in more than one Bid in a bidding process. Participation by a

Bidder in more than one Bid will result in the disqualification of all Bids in which the

Bidder is involved. However, this does not limit the inclusion of the same subcontractor, not otherwise participating as a Bidder, in more than one Bid; or

f. the Bidder or any of its affiliates participated as a consultant in the preparation of the design or technical specifications of the Goods, Works or Services that are the subject

of the Bid; or

g. Bidder or any of its affiliates has been hired (or is proposed to be hired) by the Procuring Entity as engineer-in-charge/ consultant for the contract.

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Annexure B : Declaration by the Bidder regarding Qualifications

Declaration by the Bidder

In relation to my/our Bid submitted to for procurement of

in response to their Notice Inviting Bids No

Dated I/we hereby declare under Section 7 of 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. 1/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;

Date: Signature of bidder

Place: Name :

Designation:

Address:

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Annexure C : Grievance Redressal during Procurement Process The designation and address of the First Appellate Authority is The designation and address of the Second Appellate Authority is

(1) Filing an appeal

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 thereunder, 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 specific 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.

(2) The officer to whom an appeal is filed under para (I) 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.

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.

(4) 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.

(5) Form of Appeal (a) An appeal under para (I) 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.

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(c) 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 authorised representative.

(6) Fee for filing appeal (a) Fee for first appeal shall be rupees two thousand five hundred and for second 'appeal shall

be rupees 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.

(7) Procedure for disposal of appeal

(a) The First Appellate Authority or Second 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.

(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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FORM No. 1 [See rule 83J

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: (i) Name of the appellant:

(ii) Official address, if any:

(iii) 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:

6. of appeal: Grounds

(Supported by an

affidavit) 7.

Prayer:

Place Date Appellant's Signature

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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:

i. if there is a discrepancy between the unit price and the total price that is obtained by multiplying the unit price and quantity, 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;

ii. 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

iii. 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 (i) and (ii) 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

(i) 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.

(ii) 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.

(iii) In case of procurement of Goods or services, additional quantity may be procured by placing a repeat order on the rates and conditions of the original order. However, the additional quantity shall not be more than 25% of the value of Goods 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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FORM No. 1 !See rule 831

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:

(i) Name of the appellant:

(ii) Official address, if any:

(iii) 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: 6. Grounds of appeal:

(Supported by an affidavit) 7. Prayer:

Place Date Appellant's Signature

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