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Introduction

In mandating the usage of ICTs in the procurement procedure and set uping a formal oversight function for civil society the Government Procurement Reform Act took of import stairss to reform the Philippine procurement system. These reforms, nevertheless, have been considered and implemented mostly in isolation, to the hurt of procurement unity. Civil society inadvertence through the perceiver system is a manual and resource-intensive undertaking that doesn’t capitalise on the economic systems of graduated table and efficiencies that ICTs can enable. Conversely, the integrating of ICTs into public procurement has proceeded mostly without including CSOs in the procedure or sing their demands and utilizations. Nowhere is this more apparent than in the limited characteristic set of the PhilGEPS system.

Joining the dual answerability authorizations of ICT enabled transparency and civil society inadvertence would do both more effectual. Technical platform characteristics should be designed with civil society, media, and inadvertence usage instances in head. Civil society organisations can function their mandated functions as perceivers more efficaciously – and within their resource restraints – if informations about all phases of the procurement procedure is made available. The Philippines instance demonstrates that, absent accessible informations, whistleblowers and leaks are the lone safeguard against corruptness. When the information is non readily available, it can’t enable meaningful inadvertence.

The Law

This vagueness and complexness made the procedure vulnerable to manipulation. Harmonizing to Iris Gonzales, a reporter who has covered procurement extensively, the job of kickbacks “was immense: it was 30 % of the contract.” ( 17:00 ) She besides observed: “It was an unfastened secret that aside from kickbacks they would besides present deficient undertakings. For illustration for roads they would utilize deficient quality of cement or below the needed sum of mixture.” ( 13:30 ) Rosa Clemente, Executive Director of PhilGEPS, explained that the execution of a pilot electronic procurement system in 2001 – based on the Canadian system at the clip – was one of the inciting factors which led to more comprehensive reform to cut down this complexness and standardise procurement processs across legal powers. ( 7:00 )

The Reform Act, and the Implementing Rules and Regulations ( IRR ) codify the general rule of transparency and civil society engagement in two specific ways. First, the jurisprudence creates an e-procurement portal, PhilGEPS, which serves “as the primary and unequivocal beginning of information on authorities procurement.” ( IRR, 8.1.1 ) Harmonizing to jurisprudence, all public stamps, from those conducted by federal agencies to those of the smallest Local Government Unit ( LGU ) or Barangay, must go through through the PhilGEPS system. At all phases of procurement, the procurement commission invites a representative of the Commission on Audit and ( at least ) two outside perceivers to sit in its proceedings. The outside perceivers should include “one ( 1 ) from a duly accepted private group in a sector or subject relevant to the procurement at manus, and the other from a non-government organization.” ( IRR, 3.1.1 )

Barriers to Accessing Procurement Information

She added that at PhilGEPS, “We do non hold the authorization to do the bureau comply, we merely supply a service, ” but that they do supply studies to the inadvertence bureaus which can coerce conformity. ( Clemente, 34:15 ) In peculiar, Ms. Clemente noted that conformity increased somewhat when a pilot plan last twelvemonth tied public presentation based fillips to PhilGEPS conformity, and she was optimistic about the program’s likely impact when it is implemented more to the full this twelvemonth ( 38:00 ) . Mr. Lazatin besides noted there are some positive marks as the Department of Budget and Management has been working to increase conformity with PhilGEPS posting demands. ( 8:00 )

The deficiency of engagement by securing entities in PhilGEPS is merely the first of a series of informations handiness jobs. Compliance issues notwithstanding, PhilGEPS does non capture all of the relevant information necessary for third-party inadvertence. Harmonizing to Vincent Lazatin, “if there were 100 % conformity and we did hold complete entree to that every bit far as CoST is concerned, approximately 80 % of the informations would be available on PhilGEPS. The other 20 % of the informations are things that are non recorded or captured by securing entities.” ( 11:20 ) All of our interviewees mentioned a debatable deficiency of contract direction transparency. Lazatin noted that tracking fluctuation orders and contract alterations is peculiarly of import because this information is necessary for watchdogs to cipher the monetary value difference between the original contract and the concluding undertaking. Systematically big spreads between original and concluding monetary value are grounds of station award manipulation. Despite this, the PhilGEPS system does non capture contract alterations and fluctuation orders ( Lazatin, rephrase 13:00-14:00 ) . When asked whether station award contract information was available Charles Villasenor responded merely: “No. My categorical reply for that is no.” ( 20:00 ) However, Rosa Clemente did observe that a faculty to cover with station award contract direction is really much on the PhilGEPS docket as faculties are added and characteristics are expanded. ( 44:45 )

You get a batch of alteration orders following. The whole system is designed to travel to the lowest cost. Really it is extremely hazardous to non take the lowest bidder. would truly hold to hold gone to the problem to hold a batch of information and justification and be able to turn out that the individual that they chose for the contract was the best individual. It is a high hazard to somebody’s occupation to make that, so they merely don’t do it. So the system designed to travel to the lowest bidder. What that opens up is that they give the occupation to the lowest bidder and so the demands are non 100 per centum clear, and all of a sudden there are change orders that go through. And those change orders are where a batch of the corruptness takes topographic point. ( 14:30 )

In add-on to the scope of informations completeness issues, a series of proficient and platform design barriers badly limit public entree to PhilGEPS informations. These barriers impede the abilities and effectivity of outside watchdog organisations. Full entree to PhilGEPS is restricted to those who have an history on the system: accredited contractors who have paid a registration fee of 5,000 Philippine Pesos ( ~115 USD ) for a PhilGEPS history ( A. Davis, personal communicating, July, 2013 ) . Harmonizing to Vincent Lazatin, “PhilGEPS is by and large non available to the public. It is by and large available to securing entities and service suppliers. Regular NGOs and CSOs who want to roll up procurement information and information non able to utilize PhilGEPS at the minute. We are, through CoST, working with the GPPB to alter that.” ( 8:20-9:00 ) Ms. Clemente, clarified PhilGEPS entree for civil society, by observing they “don’t have a specific installation for civil society, ” but organisations can shop the public electronic bulletin board where chances and awards are posted. ( 18:20 )

A study of the PhilGEPS platform reveals serious hurdles to usability and informations handiness. While engineering is non deciding, design can partly order usage by doing certain behaviours and uses easier or harder for the user to prosecute in on the borders. In this context digital platforms are frequently discussed in footings of their “affordances” or “action possibilities.” These are the qualities of a platform ( or object ) that a user readily perceives, which allow a user to more easy execute certain actions. ( Norman, 1999 ) Within this model, it is clear that the PhilGEPS platform offers a purely limited set of affordances to a user meaning to prosecute in inadvertence or systematic analysis. While a broad array of informations may be technically available on PhilGEPS, the platform does non enable the user to act on this information in any meaningful manner. For illustration, there is no manner to entree majority informations to utilize for statistical or ocular analysis. Alternatively, to entree procurement information, members of the public must utilize the site’s reasonably antiquated graphical user interface ( GUI ) , which merely grants the user the ability to prosecute with one stamp at a clip. By non supplying majority informations and coercing users to see merely one chance or award at a clip, the platform provides needfully decontextualized positions of procurement proceedings. Important unaccessible context might include information like: other commands by the same contractor, that contractors success rate, the mean monetary value for similar procurances, has the procurement procedure failed antecedently for this good or service.

To shop either chances ( petitions for commands or citation ) or award notices, a user must preselect either a specific procuring entity ( e.g Home Development Mutual Fund – Calamba Branch ) or class or goods/service ( e.g. Air-conditioning Maintenance Services ) . Consequences are displayed in chronological order with no filtering or screening capableness, and must be paginated through manually. In this manner public enquiries through PhilGEPS are basically limited: in order to happen anything though PhilGEPS, one must already cognize where to look. Furthermore, there are no majority downloads, API or structured informations made available other than the HTML pages of each single chance or award page. For a system meant to advance transparency, it is rather opaque.

Filipino inadvertence bureaus, like the Commission on Audit or the Office of the Ombudsman are non bound by the same limitations. Harmonizing to Ms. Clemente, PhilGEPS has an hearer faculty which allows these bureaus to log in to the system with a different set of permissions than an unregistered public user or a registered contractor. This allows hearers to “generate studies through the system and they can see it online every bit good as generate informations dumps that they can download through excel spreadsheets.” ( 26:00 ) However, largely they contact the PhilGEPS staff and have them generate and frontward these studies, instead than utilizing the full functionality of the platform.

The consequence of these PhilGEPS informations restrictions is that “right now acquiring procurement information is reasonably hard it truly is a affair of traveling to wherever the procuring entity files its documents and concentrating through paperss. It is still really much a manual procedure in footings of recovering procurement data.“ Mr. Lazatin went on to add that basically “everything is in difficult copy.” He said that during some old research that he conducted for the Asian Development Bank, everything was “done by traveling to offices and pouring through boxes and boxes of files. None of the informations that we collected really was collected online.” ( Lazatin, 6:00-7:00 ) The demand to manually entree procurement information is declarative of the permeant hapless records direction by securing entities. Bettering this capableness within procurement entities is critical to enable inadvertence:

Ms. Clemente noted several of import ways which this may alter as e-procurement in the Philippines continues to germinate. She promised that a civil society faculty is presently in development and proving which should supply more functionality and entree as more of the procurement procedure moves online. Ms. Clemente explained that the GPRA mandates this addition in functionality, because “it is required under the jurisprudence that there should be person invited from CSOs to detect each phase of the procurement procedure. So when the command is conducted electronically, they can besides supervise the procurement activities online.” ( 22:15 )

Civil Society and the Media

f you are a on the job journalist you will recognize it is non that easy to entree information. Normally you can acquire a narrative from the interior when there is a whistleblower But other than that if you don’t hold a lead it is really really hard to delve through the informations. We normally – journalists here in the Philippines – acquire our narratives from leads. There are whistle blowers – there is a get downing point… It is normally an insider in a certain Government Agency. Other than that it is truly really hard to penetrate authorities in the Philippines, particularly with informations because they are non obliged to give informations. ( 34:00 )

CSOs have had a really difficult clip fielding perceivers, the ground being that – although we know it is done on a voluntary footing – it still requires resources from the NGO, whether that be individual hours, clip taken off from the office, whether that is transit to acquire to and from the office of the procuring entity, whether it is simple repasts, it does necessitate some sum resources and these resources are by and large non available. So while show an initial involvement, when it comes right down to it, a batch of them don’t have the resources to back up that. ( Lazatin, 48:40 )

The civil sector can non supervise this volume of proceedings in-person, at graduated table. Harmonizing to Mr. Parafina, the civil sector oversees less than 1 per centum of procurement proceedings, and even that may be a generous estimation. ( 27:00 ) Furthermore, proctors are non likely to see the misconduct, since they are non present during the parts of the procedure where misconduct most likely occurs. Collusion tends to be anterior to command and use after the award. “For illustration, when bidders want to conspire you won’t see that in the existent command process.You can even forge competition. If five bidders collude, all five bidders will subject commands so it will look like there are five competitory commands, but you know they are non because they have colluded prior to the existent process.” ( Lazatin 49:00 ) Other times, harmonizing to Mr. Lazatin, “the proficient specifications for the procurement are padded or give room for bidders to do money on the side.” A CSO perceiver who is present for the command gap or submission procedures would non catch either signifier of misconduct. ( Lazatin, 50:00 )

The civil sector perceiver system is seen as wholly separate from the ICT enabled e-procurement of PhilGEPS. However, merely as presenting ICTs into the chance and command procedures can take to efficiency additions for the authorities and contractors, ICTs can enable more efficient inadvertence by the civil sector. Restricting inadvertence to observation at the clip and topographic point ( BAC meetings ) unneeded constrains civil sector inadvertence. ICTs can enable asynchronous and distant observation, which can significantly ease the resource load of observation. By leting those in the inadvertence to community to entree procurement informations in utile ( i.e. majority, structured, machine clear and unfastened ) signifier, instead than in name merely, civil sector observation can truly occur at all phases of the procedure. While this has non happened yet, it does look that this is the way that PhilGEPS and civil society inadvertence is traveling. Once PhilGEPS is a more to the full functional platform that really has e-bidding, instead than merely functioning as a bulletin board, the Government Procurement Reform Act will, harmonizing to Ms. Clemente, authorization that civil society be able to “observe” this command through the platform itself. ( 22:15 )

Limited Effectiveness of Enforcement Mechanisms

Several of our respondents highlighted the Department of Public Works and Highways ( DPWH ) as a federal procuring entity which has made great anti-corruption strides in recent old ages. Harmonizing to Mr. Nixon “In the last 3 old ages we have seen a large shift. More providers have come in on undertakings because they believe they will acquire a just shake. The public works country was sort of the worst repute, they now have a reasonably good repute and they are salvaging money by acquiring things done on time.” ( 18:45 ) Under the Arroyo Administration ( President Aquino’s predecessor ) , the DPWH, which manages a great trade of procurement for big substructure undertakings, was notoriously corrupt. Ms. Gonzales noted that the DPWH has been active in censoring providers “because of substandard and anomalies discovered in their specific cases.” ( 31:00 ) Mr. Lazatin detailed the success of a “three strikes” policy implemented by the DPWH to cut down on the potency for collusion. Under the three work stoppages policy,

f a bidder expresses involvement in a command – but fails to subject a bit – and if that bidder does that three times in a row, so they are prohibited from take parting in future commands, because that behaviour is fishy. They either acquire bought off or … . Something like that had ne'er truly been enforced. You had bidders for old ages who would purchase command paperss and express involvement in a command, who would ne'er really bid. Just to be bought out by whichever contractor who did desire to purchase the command. So it was a money-making thing for a batch of these bidders… Now the section is purely implementing this policy. can be something every bit simple as that. ( Lazatin, 46:38 )

One of the grounds that official countenances can be slow in coming is that the current institutional construction splits duty for results among multiple bureaus. Procurement monitoring and approving falls under the legal power of three bureaus within the federal authorities: the Commission on Audit, the Government Procurement Policy Board, and the Office of the Ombudsman. The Commission on Audit ( CoA ) is an independent constitutionally established authorities organic structure tasked with scrutinizing all affairs refering to authorities revenues or expenditures, including the usage of financess used for procurement. The committee is empowered to look into and do recommendations, but non to countenance. The GPPB may change by reversal improper procurement processs, order that procurement processes be redone, and maintains black books of providers and builders who are barred from take parting in all authorities procurement chances. The Office of the Ombudsman pursues condemnable countenances, should at that place be any.

Because this system leaves duty for probe and approving fractured between assorted bureaus, corrupt patterns frequently go unpunished, as things fall through the bureaucratic cracks. Harmonizing to Mr. Lazatin, “it doesn’t seem as though there is anyone finally responsible for these things in footings of enforcing sanctions.” ( 22:00-22:30 ) Mr. Lazatin added that until comparatively late, “The CoA would merely make its audit and come up with its study and findings until person would make up one's mind to pick it up either prosecute it or non prosecute it. But by and large it had been the instance that cipher would bother to prosecute some of those findings and see what was traveling on. ( 25:15 ) Mr. Lazatin did observe that in recent old ages at that place has been increased acknowledgment by the leading of the Commission on Audit and the Office of the Ombudsman that the spread between probe and approving demands to be bridged. Since so cooperation has increased. He attributed this alteration to the political will of the Aquino disposal. ( Lazatin, 25:00 – 26:30 )

In add-on to issues over interdepartmental cooperation, there are besides bounds to the capablenesss of the authorities watchdogs. Mr. Villasenor expressed some concern over whether the Commission on Audit has equal capacity to supervise public procurement, given that “they have other things to look into.” ( 26:00 ) While Mr. Villasenor noted Commission on Audit’s probes are capable of conveying improper processs to visible radiation, he stressed the bounds of these probes because the model the Commission applies “is truly shallow.” ( 25:00 ) Harmonizing to Mr. Villasenor, “the current jurisprudence will let inefficiency to go on. When the committee on audit cheques they will catch terrible malpractices, but people can acquire away with bad procurement patterns merely because they are following the jurisprudence, even though it is inefficient.” ( 24:30 )

Mr. Nixon echoed Mr. Villasenor’s concern about the procedural “thinness” of proper procurement. He noted that providers or contractors can travel to the tribunals to kick if they feel they lost a command for improper grounds, but that “t is really frequently non really successful because when the grounds is shown that they went thought the bureaucratic procedure and the regulations were followed etc. etc. so it is a instance of stating all of the regulations were followed so you don’t hold a case.” ( 20:45 ) He added that “he job the ombudsman have is non that they don’t fishy something is traveling on, it is in acquiring difficult grounds the Justice Department can’t move unless they have difficult evidence.” ( 28:45 ) To fulfill these evidentiary demands whistle blowers and “first manus witnesses are truly important.” ( 29:50 ) Historically few people have been willing to step frontward as whistle blowers, but this besides is get downing to alter. ( Nixon, 28:00 )

In add-on to official channels of probe and sanctioning, watchdogs, NGOs and the media continue to force for transparency and answerability in the public procurement in the Philippines. In some instances, harmonizing to Mr. Lazatin, “Some of these NGO perceivers have been able to oppugn procurement processs. Those resulted in, every bit far as I can remember, the securing entity holding to change its procurement to conform with the jurisprudence or they have had to rebid some of these procurances exactly because the perceivers found that the first process was non in conformity with the law” ( 39:40 )

So far 26 Remarks posted

QUESTION PAPER Assistant Provident Fund Commissioner Recruitment Test, 2012 Held on 23rd September 2012 QUESTION PAPER Assistant Provident Fund Commissioner Recruitment Test, 2012 Held on 23rd September 2012 1. It is said that, in order to command inflation, foreign inflow demands to be sterlized. Sterlization here refers to: ( A ) Ensuring that imitative currency does non come in circulation. ( B ) Guaranting that black money is accounted for ( C ) retreating tantamount local currency to keep a desirable rate of exchange ( D ) conformity with import-export ordinance. 2. NABARD means: ( A ) National Bank for Agiculture and Rural Development ( B ) National Agriculture Bank and Rural Development.—YES ( C ) National Agriculture Board and Rural Development ( D ) National Board for Agriculture and Rural Area Development. 3. In which of the undermentioned Act, lodging installation is a statutory proviso? ( A ) The Plantation Labour Act, 1951—YES ( B ) The Factories Act, 1948 ( C ) The Mines Act, 1952 ( D ) None of the Above 4. If the RBI adopts an expansionist unfastened market operations policy, this means it will: ( A ) Sell securities in the unfastened Market—YES ( B ) Buy securities from non-government holders. ( C ) Openly announces to the market that it intends to spread out recognition. ( D ) Offer commercial Bankss more recognition in the unfastened market. 5. Structural be aftering refers to: ( A ) Centralized planning ( B ) Puting down wide ends and schemes. ( C ) Changing bing instititions or making new ones.—YES ( D ) Repairing flexible targers. 6. Three provinces which have Human Development Index ( HDI ) higher than china are: ( A ) Kerala, Maharashtra and Madhya Pradesh ( B ) Kerala, Punjab and Maharashtra ( C ) Maharashtra, Madhya Pradesh and Punjab ( D ) Kerala Madhya Pradesh and Gujrat 7. The freshly introduced rupee symbol is based on: ( A ) Roman and Greek Script. ( B ) Persian and Dravidian Script ( C ) Roman and Devanagari Script—YES ( D ) Greek and Devnagari Script 8. Which one of the undermentioned establishments was NOT set up by the fundamental law of India? ( A ) Union Public Service Commission ( B ) Election Commission ( C ) Planing Commission—YES ( D ) Union Judiciary 9. One of the undermentioned Government of India programme aims to assist, construct or upgraded brooding units of below the poorness line rural households. ( A ) National Social Assistance Programme ( B ) Jawahar Rojgar Yojana ( C ) Indira Awas Yojana—YES ( D ) Jawaharlal Nehru National Urban Renewal Mission 10. The Seventh Schedule of the fundamental law of India contains commissariats sing ( A ) Scheduled Languages ( B ) Oaths and affirmations ( C ) Administartion of Tribal countries ( D ) Union, State, Concurrent Lists—YES 11. The duty of readying of electoral rolls in india remainders with: ( A ) The Parliament ( B ) The Local Administrations ( C ) The Election Commission—YES ( D ) The returing officer 12. Which of the followers is NOT covered by the employee provident fund and assorted proviso Act, 1952 ( A ) Pension ( B ) Provident Fund ( C ) Deposit Linked Insurance ( D ) Injury Compensation—YES 13. What is the maximal bound of gratutity collectible under the payement of Gratuity Act, 1972? ( A ) 3 Lakhs Rupees ( B ) 7.5 Lakhs Rupees ( C ) 10 Lakhs Rupees ( D ) 10.5 Lakhs Rupees 14. In which portion of the Indian Constitution, worker’s engagement in Management has been incorporated? ( A ) The Preamble ( B ) The Fundament Rights ( C ) The Directive Principles of province policy ( D ) None of the above 15. Which of the followers is the earliest to be constituted? ( A ) Press council of India ( B ) United News of India ( C ) NAM News Network ( D ) Press Trust of India 16. if 20 % of P = 30 % of Q = 1/6 of R, so P: Q: R is ( A ) 2:3:16 ( B ) 3:2:16 ( C ) 10:15:18 ( D ) 15:10:18—YES 17. A tree additions annualy by 1/8th of its tallness. What will be its tallness after 2 old ages, if it stand today 64 cm tallness? ( A ) 72 cm ( B ) 74 cm ( C ) 81 cm—YES ( D ) 85 centimeter 18. the sides of a traingle GHL are GH=65m, HL=75m and LG=80m. what is the country of triangle? ( A ) 2100 M2 ( B ) 2160 M2 ( C ) 2200 M2 ( D ) 2280 m2 19. A train travel at a certain mean velocity for a distance of 63 Km. Thereafter it go a distance of 72 Km with an mean velocity of 6 Km/Hour more than original Speed. Entire clip taken to finish the journey is 3 hours. What is the original mean velocity of the train? ( A ) 36 Km/hour ( B ) 42 Km/hour ( C ) 48 Km/hour ( D ) 54 Km/hour 20. A Fe rod of 1 centimeters diameter and 8 centimeter length is drawn into a wire of 18m tallness with unvarying thickness. The thicness of the wire would be: ( A ) 1/21 centimeter ( B ) 1/18 centimeter ( C ) 1/15 cm—YES ( D ) 1/12 centimeter 21. A 60 m long train travels at a unvarying velocity of 72 km/hour. it passes non-stop along the 600m platform of a wayside station. What is the elapsed clip for the train to wholly clear the platform? ( A ) 30 seconds ( B ) 31 seconds ( C ) 32 seconds ( D ) 33 seconds—YES 22. Train A is 75 m long and travels at a unvarying velocity of 54 Km/hour. Train B is 125m long and travels a unvarying velocity of 36km/hour in the way antonym to that of train A. if these trains are traversing at a double-track stretch. what is the clip taken for the two trains to to the full clear each other? ( A ) 10 seconds ( B ) 8 seconds—YES ( C ) 7.2 seconds ( D ) 6.6 seconds 23. Biome, largest recgnizable assemblage of animate beings and workss on the Earth, is controlled chiefly by: ( A ) Biological activity ( B ) Landforms ( C ) Climate ( D ) Soil 24. For ciphering Body Mass Index ( BMI ) weight of the individual ( in kg ) is divided by the: ( A ) Square of the weight ( in kilogram ) ( B ) Square of the tallness ( in metres ) —YES ( C ) Square root of the tallness ( in metres ) ( D ) Vitamins intake 25. Which term is used to depict the spread of Budhism from India through sou'-east Asisa? ( A ) Social mobility ( B ) Cultural diffusion ( C ) Ethnocentrism ( D ) Interdependence 26. The chief aim of the minimal rewards Act, 1948 to safeguard the involvement of the workers engaged in: ( A ) unorganised sector—YES ( B ) Organized Sector ( C ) Industrial Sector ( D ) Agricultural Sector 27. Which one of the undermentioned expresses the relation beteen normal monetary value and market monetary value? ( A ) Market monetary value is greater than normal price—YES ( B ) Market monetary value is equal to normal monetary value ( C ) Market monetary value tends to be equal to normal monetary value ( D ) Market monetary value is lesser than normal monetary value 28. Inflation can be controlled by: ( A ) Addition in rewards ( B ) Decreases in taxation ( C ) Reductin in public expenditure ( D ) Making the rupee dearer 29. which one of the undermentioned statements is true approximately ruddy dirt > ( A ) It is rich in humus. ( B ) It is rich in potassium hydroxide ( C ) It is rich in Fe compound—YES ( D ) It is derived from volcanic beginning. 30. Gun metal is an alloy of ( A ) Copper, Tin and Zinc—YES ( B ) Aluminium, Tin and Steel ( C ) Copper, Steel and Zinc ( D ) Aluminium, Tin and Zinc 31. If the electrical opposition of a typical substance all of a sudden drops to zero, so the substance is called ( A ) Semicounductor ( B ) Conductor ( C ) Superconductor—YES ( D ) Super Semiconductor 32. The stuff used for electrical fuse is an metal of tina and lead. This metal should hold: ( A ) High specific opposition and low runing point—YES ( B ) Low specific opposition and high thaw point ( C ) Low specific opposition and low thaw point ( D ) High Specific opposition and high thaw point 33. The word FTP stands for: ( A ) File theodolite Provision ( B ) File translate protocol ( C ) File transportation proviso ( D ) File Transfer Protocol—YES 34. Ram Stands for: ( A ) Random Access Memory—YES ( B ) Read Access Memory © Random Attribute Memory ( D ) Random Applicable Memory 35. Which os the followers is besides known as encephalon of computing machine? ( A ) Monitor ( B ) Arithemetic Logic Unit ( ALU ) © Control Unit ( D ) Central Processing Unit ( CPU ) —YES 36. A technique in which information is written to two duplicate disks at the same time, is called: ( A ) Mirroring ( B ) Multiplexing © Duplicating ( D ) Copying 37. CAD stands for: ( A ) Computer Aided Design—YES ( B ) Computer Application in Design ( C ) Coded Algorithm in Design ( D ) Coded Addressable Design 38. Which one of the undermentioned sets of industries were among first modern industries in India? ( A ) Tea, Cotton and Sugar ( B ) Jute, Silk and Cotton ( C ) Cotton, Jute and Coal-Mines—YES ( D ) Sugar, Silk and Steel 39. The regional undertaking by name ‘CASA-1000′ ( Cardinal Asia-South Asia 1000 ) , funded by World Bank, pertains to the field of: ( A ) Eradication of HIV AIDS ( B ) Roads and Buildings ( C ) Electricity—YES ( D ) Eradication of illiteracy 40. Who won the Golden Boot Award in the late conducted UEFA Euro 2012? ( A ) Ferando Torres ( Spain ) —YES ( B ) Mario Balotelli ( Itlay ) ( C ) Cristiano Ronaldo ( portugal ) ( D ) Mario Gomez ( Germany )

European Union

Government procurement is regulated in Bulgaria and transparency is good developed: the Bulgarian public procurement portal reported in September 2016 that since the beginning of 2016, `` a sum of 15,105 contracts were signed on the footing of public procurement orders '' . At the beginning of 2015, the Bulgarian authorities announced a 130-kilometer extension to the barbed wire boundary line fence along its boundary line with Turkey in order to wholly procure the land boundary line. Prime Minister Boyko Borisov described the extension as `` perfectly necessary '' in order to forestall individuals from illicitly come ining the European Union member province. The Bulgarian Parliament authorised amendments to procurement statute law to let continued building of the fence without establishing a public procurement process `` because of the demand to safeguard national security '' .

Government procurement in the UK is governed by the Public Contracts Regulations 2015, Part 3 of the Small Business, Enterprise and Employment Act 2015 and ( in Scotland ) the Public Contracts ( Scotland ) Regulations 2015 and 2016, which implement EU jurisprudence and besides contain regulations known as the `` Lord Young Rules '' advancing entree for little and average enterprise ( SMEs ) to public sector contracts, based on Lord Young 's Review Growing Your Business, published in 2013. In November 2016 an consultative panel of 24 enterprisers and concern figures was formed to rede the authorities on buying goods and services from SMEs, and a run was launched to show that `` authorities is unfastened for concern '' , with a mark of increasing authorities spending with SMEs to 33 % of all third-party public outgo by 2020.

In Northern Ireland the Central Procurement Directorate within the Department of Finance ( once the Department of Finance and Personnel ) is responsible for procurement policy. A revised public procurement policy for Northern Ireland sections, bureaus, non-departmental public organic structures and public corporations was adopted on 16 May 2002 ; the latest version ( version 11 ) was issued in August 2014. A Concordat on Public Procurement was agreed on 1 June 2001 by the UK Government and the Northern Ireland Executive for the handling of EU, international and policy issues on public procurement.

Rwanda

Rwanda has a decentralized public procurement system whereby securing entities ( cardinal authorities organs, local authorities entities, authorities undertakings, committees, public establishments, parastatals, bureaus or any other authorities entity charged by the Chief Budget Manager to pull off public financess ) have the power to carry on straight their public procurement procedure. The chief mission of RPPA is ( 1 ) to treat the constitution and betterment of public procurement legal model, ( 2 ) provide public procurement legal advisory services, ( 3 ) behavior audit and monitoring of public procurement activities carried out by securing entities ( tender award and contract direction ) and ( 4 ) construct the capacity of public functionaries involved in public procurement activities.

The public procurement system in Rwanda is governed by 6 cardinal rules viz. ( 1 ) transparency, ( 2 ) competition, ( 3 ) economic system, ( 4 ) efficiency, ( 5 ) fairness and ( 6 ) answerability. In the national system, bidders have the right to appeal against public procurement processs they may believe were non conducted suitably. In that connexion, the legal model provides for the Independent Review Panels at National Level ( National Independent Review Panel ) and at District Level ( Independent Review Panel at District Level ) . The Independent Review Panels are composed of members from the Private Sector, Civil Society and the Public Sector, and the members from the Public Sector can non organize the bulk of members of the Panel. The Independent Review Panel at National Level is under the supervising of the Minister of Finance and Economic Planning whereas the Independent Review Panel at District Level is under the supervising of the District Council.

United States

Government procurement by public governments in the United States histories for about USD 7 trillion yearly. Federal procurement is governed by the Federal Acquisition Regulation. FedBizOpps and USASpending.gov are websites where federal contracts are shown. Public proclamations of awards has several freedoms, including contracts less than $ 3.5 million. Historically, the procurement information has been criticized for lacks taking to a figure of reforms. As of 2013, there is an enterprise to consolidate eight bequest databases into a individual system called System for Award Management. Contracts are non posted online, although two bureaus have explored the possibility.

Presentation on subject: `` 1 THE RAJASTHAN TRANSPARENCY IN PUBLIC PROCUREMENT ACT, 2012 and RULES, 2013 Government of Rajasthan FINANCE DEPARTMENT ( Act No.21 of 2012 ) '' — Presentation transcript:

7  As per the Repeal and nest eggs clause given in Rule 86, all regulations, ordinances, orders, notifications, departmental codes, manuals, by-laws, official memorandum or handbills associating to procurement of goods, services or plants provided for in these regulations, which are in force on the day of the month of commencement of these regulations, in relation to the affair covered by these regulations are herewith repealed to the extent they are covered by these regulations.  It means the commissariats of GF & AR ; , PWF & AR ; , etc. which have been covered in these Rules stand repealed. The staying Rules, Notifications, etc. shall be as such. Status of Erstwhile Rules 7

16  “Public Private Partnership” means an agreement between the State Government, statutory entity or any other authorities owned entity on one side and a private sector entity on the other, for the proviso of public assets or public services or both, through investings being made or direction being undertaken, or both investings being made and direction being undertaken, by the private sector entity, for a specified period of clip, where there is good defined allotment of hazard between the private sector and the State Government, statutory entity or any other authorities owned entity, as the instance may be, and the private entity receives public presentation linked payments that conform ( or are benchmarked ) to specified and pre-determined public presentation criterions, mensurable by the State Government, statutory entity or any other authorities owned entity, as the instance may be, or its representative ; Important Definitions- ( Section2 ) 16

20 Determination of demand for procurement ( Sec.5 ) While measuring the demand under sub-section ( 1 ) , the procuring entity shall take into history the estimated cost of the procurement and besides make up one's mind on the undermentioned affairs, viz. : -  ( a ) the scope or measure of procurement, if determined ;  ( b ) the method of procurement to be followed with justification thereof ;  ( c ) demand for pre-qualification, if any ;  ( d ) restriction on engagement of bidders in footings of subdivision 6, if any applicable, and justification thereof ; and  ( vitamin E ) any other affair as may be prescribed. Measures For Transparency 20

23 Engagement of bidders ( Sec.6 ) ( cont. )  ( 2 ) The State Government may, by notification in this behalf, supply for compulsory procurement of any capable affair of procurement from any class of bidders, and purchase or monetary value penchant in procurement from any class of bidders, on the undermentioned evidences, viz. : -  ( a ) the promotion of domestic industry ;  ( b ) socio-economic policy of the Cardinal Government or the State Government ;  ( c ) any other consideration in public involvement in furtherance of a duly notified policy of the Cardinal Government or the State Government: Measures For Transparency 23

25 Duties related to value of procurement ( Sec.8, R-12 ) ( 1 ) Every procuring entity shall obtain the approval of the authorization which has the necessary fiscal powers before originating a procurement procedure. ( 2 ) A procuring entity shall neither split its procurement nor utilize a peculiar valuation method for gauging the value of procurement so as to avoid its duties under sub-section ( 1 ) or to restrict competition among bidders or otherwise avoid its duties under this Act: Provided that in the involvement of efficiency, economic system and timely completion or supply, a procuring entity may, for grounds to be recorded in authorship, split its procurement into appropriate packages. Measures For Transparency 25

28 State Public Procurement Portal ( SPPP ) ( Sec.17 ) The SPPP shall supply entree to following information: -  ( a ) pre-qualification paperss, bidder registration paperss, command paperss and any amendments, clarifications including those pursuant to pre-bid conference, and corrigenda thereto ;  ( B ) list of bidders that presented commands including during pre- making or bidder enrollment, as the instance may be ;  ( c ) list of pre-qualified and registered bidders, as the instance may be ;  ( d ) list of bidders excluded under subdivision 25, with grounds ; Institutional Measures For Transparency 28

31 Documentary Record of Procurement Proceedings and Communications ( Sec.10 ) -  ( a ) paperss refering to finding of demand for procurement under subdivision 5 ;  ( B ) description of the capable affair of the procurement under subdivision 12 ;  ( c ) statement of the ground for pick of a procurement method other than unfastened competitory command under sub-section ( 4 ) of subdivision 29 ;  ( d ) specifics of the take parting bidders ;  ( vitamin E ) requests for clarifications and any responses thereto including during pre-bid conferences ;  ( f ) command monetary values and other fiscal footings ;  ( g ) sum-up of the evaluation of commands ;  ( h ) inside informations of any entreaty under subdivision 38, and the related determinations ; 31 Institutional Measures For Transparency

32 Extra Documentary Record of Procurement Proceedings and Communications ( R-79 )  ( a ) the names and references of all bidders with command monetary values and conditions of command if command is conditional ;  ( B ) the name and reference of the successful bidder with monetary value on which procurement is made ;  ( c ) in instance of rate contract method, the names and references of the bidders with whom the rate contract is concluded ;  ( d ) a sum-up of alteration, if any, made in the command paperss ;  ( vitamin E ) inside informations of making required, bidders holding makings and inside informations of qualified or disqualified bidders with grounds ;  ( f ) where a written procurement contract has been executed, including rate contract, transcript of contract ;  ( g ) in the instance of empanelment, the footings and conditions of the empanelment and a transcript of the understanding, if any ;  ( h ) a sum-up of the evaluation and comparing of commands, including the application of any border of penchant and grounds for rejection or non-consideration of a command, if any ; and  ( I ) if the procurement procedure is cancelled, grounds of cancellation. Institutional Measures For Transparency 32

37 Limited Bidding ( S-30, R-16 ) ( 1 ) Conditions- ( a ) the capable affair of procurement can be supplied merely by a limited figure of bidders ; or ( B ) the clip and cost involved to analyze and measure a big figure of commands may non be commensurate with the value of the capable affair of procurement ; or ( c ) owing to an urgency brought approximately by unforeseen events, the procuring entity is of the sentiment that the capable affair of procurement can non be usefully obtained by following the method of unfastened competitory command ; or ( d ) procurement from a class of prospective bidders is necessary in footings of sub-section ( 2 ) of subdivision 6. Methods of Procurement 37

38 Limited Bidding ( Cont. ) Prescription for Condition ( B ) - If lower value of the capable affair of procurement is the ground of following the method of limited command, so this method may be adopted if the value of the capable affair is less than Rupees two lakh on one juncture but it shall non transcend Rupees 10 lakh in a fiscal twelvemonth. Procedure- The procuring entity shall publish an invitation to offer by exhibiting it on the State Public Procurement Portal and by composing straight, and on the same twenty-four hours, to- all the bidders who can provide the capable affair of procurement, if there are merely limited no. of providers ; or Methods of Procurement 38

39 Limited Bidding ( Cont. ) all the bidders who are registered for the capable affair of procurement with the procuring entity ; or at least three makers, authorised dealers, authorised service Centres, bona-fide traders or service suppliers, in instance registered bidders are non available. The securing entity may let all prospective bidders who fulfill the making standards, whether an invitation to offer has been issued to such bidders or non. If limited command is invited under clause ( B ) and ( c ) of sub-section ( 1 ) of subdivision 30, command security shall non be obtained. Methods of Procurement 39

40 Single Source Procurement ( S-31, R-17 ) Conditions ( a ) the capable affair of procurement is available merely from a peculiar prospective bidder, or a peculiar prospective bidder has sole rights in regard of the capable affair of procurement, such that no sensible option or replacement beginning exists, and the usage of any other procurement method would therefore non be possible ; or ( B ) owing to a sudden unanticipated event, there is an highly pressing demand for the capable affair of procurement, and prosecuting in any other method of procurement would be impractical ; or ( c ) the procuring entity, holding procured goods, equipment, engineering or services from a provider, determines that extra supplies or services must be procured from that provider for grounds of standardization or because of the demand for compatibility with bing goods, equipment, engineering or services ; or Methods of Procurement 40

41 Single Source Procurement ( Cont. ) ( d ) there is an bing contract for the capable affair of procurement which can be extended for extra goods, works or services and that the procuring entity is satisfied that no advantage would be obtained by farther competition, the monetary values are sensible and commissariats for such extension exist in the original contract ; or ( vitamin E ) the securing entity determines that the usage of any other method of procurement is non appropriate for the protection of national security involvements ; or ( f ) procurement from a peculiar prospective bidder is necessary in footings of sub-section ( 2 ) of subdivision 6 ; or ( g ) capable affair is of artistic nature ; or ( h ) capable affair of procurement is of such nature as requires the securing entity to keep confidentiality, like printing of scrutiny documents. Methods of Procurement 41

44 Two Phase Bidding ( S-32, R-18 ) Conditions ( a ) it is non executable for the procuring entity to explicate elaborate specifications or place specific features for the capable affair of procurement, without having inputs sing its proficient facets from bidders ; or ( B ) the character of the capable affair of procurement is capable to such rapid technological progresss and market fluctuations to do unfastened competitory command impracticable ; or ( c ) the securing entity seeks to come in into a contract for the intent of research, experiment, survey or development, except where the contract includes the production of points in measures sufficient to set up their commercial viability or to retrieve research and development costs ; or ( d ) the bidder is expected to transport out a elaborate study or probe and set about a comprehensive assessment of hazards, costs and duties associated with the peculiar procurement. Methods of Procurement 44

48 Electronic Reverse Auction ( Cont. ) Procedure the PE shall ask for commands to the electronic reverse auction by doing an invitation to be published. The invitation shall besides include inside informations associating to – entree to and enrollment for the auction ; gap and shutting of auction ; norms for behavior of the auction ; the standards and process for analyzing commands against the description of the capable affair of the procurement ; the standards and process for measuring commands, including any mathematical formula that shall be used in the evaluation process during the auction ; the day of the month and clip of the gap and shutting of the auction, etc. Methods of Procurement 48

50 During the auction: - ( a ) all bidders shall hold an equal and uninterrupted chance to show their commands ; ( B ) there shall be automatic evaluation of all commands in conformity with the standards, process and formula provided to the bidders ; ( c ) each bidder must have, outright and on a uninterrupted footing during the auction, sufficient information leting it to find the standing of its command vis-à-vis other commands ; and ( d ) there shall be no communicating between the procuring entity and the bidders or among the bidders, other than as provided for in clauses ( a ) and ( c ) above. Methods of Procurement Electronic Reverse Auction ( Cont. ) 50

55 Spot Purchase ( Cont. ) A PE may follow the method of topographic point purchase for procurement if the estimated cost or value of the capable affair of procurement is less than Rupees 50 1000 on one juncture but it shall non transcend Rupees three lakh in a fiscal twelvemonth. A PE shall secure a capable affair of procurement on the recommendation of the topographic point purchase commission. The commission shall study the market to determine the reasonableness of rate, quality and specifications and place the appropriate provider of the capable affair and shall enter the undermentioned certificate- Methods of Procurement 55

59 Competitive Negotiations ( S-35, R-28 ) Conditions ( a ) owing to an urgency brought approximately by unanticipated events, the procuring entity is of the sentiment that the capable affair of procurement can non be usefully obtained by following the method of unfastened competitory command or any other method ; or ( B ) the capable affair of procurement involves farm animal, cotton, oilseeds or such other agricultural green goodss whose monetary values fluctuate often and in the sentiment of the procuring entity the capable affair of procurement can non be usefully obtained by following the method of unfastened competitory command or any other method. Methods of Procurement 59

60 Competitive Negotiations ( Cont. ) Procedure procurement of the capable affair shall be made through the competitory dialogues commission. The commission shall give the undermentioned certificate- “Certified that we -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- - ( names of members of the commission ) , members of the competitory dialogues commission are jointly and separately satisfied that the capable affair of procurement recommended is of the needed specifications and quality, priced at the predominating market rate and the provider recommended is dependable and competent to provide the capable affair of procurement.” Methods of Procurement 60

64 In the first phase individual portion or two portion commands shall be invited. A rate contract shall be entered, for monetary value without a committedness for measure, topographic point and clip of supply. of capable affair of procurement, with the bidder of lowest priced command or most advantageous command. In the 2nd phase supply or work order shall be placed at the contracted monetary value for supply or executing of the needed measure. Rate contracts may be entered with more than one bidder as parallel rate contracts. The monetary values under a rate contract shall be capable to monetary value autumn clause. A clause sing monetary value autumn shall be incorporated in the footings and conditions of rate contract. Methods of Procurement Rate Contract ( Cont. ) 64

65 Registration of Bidders ( S-19, R-30 ) ( 1 ) With a position to set uping dependable beginnings for a capable affair of procurement or a category of procurement, which may be normally required across securing entities or repeatedly required by a procuring entity, a procuring entity may keep a panel of registered bidders. ( 2 ) For the intent of sub-section ( 1 ) , a procuring entity may ask for offers from prospective bidders by giving broad publicity to the invitation to register and such enrollment shall be done in conformity with subdivision 7, this subdivision and the standards set out in the bidder enrollment paperss. ( 3 ) The procuring entities shall update the list of registered bidders by leting possible bidders to use for enrollment on a uninterrupted footing or by ask foring offers for enrollment at least one time a twelvemonth. Methods of Procurement 65

66 Registration of Bidders ( Cont. ) ( 4 ) The State Government may order the process and conditions for enrollment of bidders and the period for which such enrollment shall be valid. ( 5 ) Where a procuring entity does non register bidders in regard of a capable affair of procurement, it may utilize the list of registered bidders of any other procuring entity, if any. ( 6 ) The consequences of the enrollment procedure shall be intimated to the bidders and the list of registered bidders for the capable affair of procurement shall be published in the State Public Procurement Portal. Methods of Procurement 66

67 Empanelment of Bidders ( R-30,31 ) The PE may fix a panel of bidders for the capable affair of procurement that is required often but the inside informations of the capable affair, its measure, clip and topographic point is non known in progress. This list shall be valid for one twelvemonth which may farther be extended for another one twelvemonth after entering grounds. Separate panel for different capable affair s may be done. The procuring entity shall ask for applications for empanelment by pre-qualification as per the process prescribed for ask foring unfastened commands. The procurement of capable affair shall be done by the securing entity from amongst the empanelled bidders upto the bound of deputation of fiscal powers by directing to all of them, petition for proposals with fiscal command. Methods of Procurement 67

70 Criteria for Evaluation of Bids ( A-14, R-35 ) Price, cost of operating, keeping, mending ; Time of delivery / executing ; Functional features of goods, experience, competency ; Environmental features ; Footings of payment ; Where relevant – experience, dependability and professional & proficient competency of bidders and its forces involved ; Trial, sample, proving, other methods – support record ; Non-price standards – aim and quantifiable ; Relative weights to each standard – where needed ; No other standards or process shall be used, other than mentioned in command paperss. Bidding Procedure 70

71 Preparation of command paperss ( R-36 ) Sections – – Notice Inviting Bids ( NIB ) ; – Instruction manuals to Bidders ( ITB ) ; – Bid Data Sheet ( BDS ) - Contentss – – Bidding Document, readying of command ( linguistic communication, cogency, command security, signature by whom ) , submission item, evaluation method, award of contract, entreaties ; – Qualification and Evaluation Criteria ; – Bidding Forms ; and – Conditions of Contract and Contract Forms: ( I ) General Conditions of Contract ; ( ii ) Particular Conditions of Contract ; ( three ) Contract Forms. – Any other paperss, as may be necessary. Bidding Procedure 71

72 Bidding papers to include: – Instruction manuals for fixing commands. – Criteria and process for making of bidders. – Documentary groundss – needed- cogent evidence of makings like authorized trader. – Detail description of capable affair – proficient specifications, measure, location, clip. – Detail description of capable affair, process for gap, with clip & topographic point, evaluation, penchants. – Footings and conditions of contract – to the extent known. – If part of capable affair is permitted – mentioned. – Manner – command monetary value to be formulated – Besides cost, conveyance, insurance, revenue enhancements etc.. – Nature, signifier, sum etc. of Bid / Performance Security. Bidding Procedure 72

73 – Means to seek clarifications and whether intends to convene meeting. – Manner, topographic point, deadline for entry of command. – Validity period. – Place, clip, day of the month of gap of command. – Name, appellation, reference of Officer to pass on straight. – Commitment of bidder about transportation of engineering. – Formalities sing executing of contract. – Right to appeal / cancellation of command. – Bidding paperss – make available to each bidder – who responds in conformity with process and demand therein. – If pre-qualification process adopted – so to pre-qualified merely. Bidding Procedure 73

81 Amount – 2 % or as specified in command papers, of estimated value. – 0.5 % of measure offered – in instance of little graduated table industries of Rajasthan. – 1 % of value of command – sick and BIFR instances. Bid Security Instruments to attach to the certain command. Validity upto 30 yearss beyond original / extended cogency of command. Pending for refund – non to be adjusted against fresh commands – but adjustable towards re-invited command. Not needed – – Procurement below Rs. 10,000/- . – Procurement by limited command u/s. 30 ( 1 ) ( B ) – high clip & cost non commensurate with value of procurement & u/s. 30 ( 1 ) ( c ) urgency due to unanticipated events non leting unfastened command. Bidding Procedure 81

82 – Request for Quotations ( RFQ ) , Spot Purchase, Single Source Procurement and competitory dialogues – Bid security may be adjusted against public presentation security for successful bidders and refunded to others. Return command security after earliest of the undermentioned events – – Expiry of cogency of command security. – Submission of Performance Security and executing of understanding. – Cancellation of procurement procedure. – Withdrawal of command prior to deadline – unless command papers prohibits it. Forfeiture – when bidder: – Withdraw or modify after opening of command. – Fails to lodge public presentation security. – Does non put to death understanding. – Fails to execute. – Breaches code of unity. Bidding Procedure 82

83 Notice Inviting Bids ( NIB ) ( R-43 ) Invite commands for: – Open Competitive Bidding. – 2 phase command. – Applications for pre-qualifications. Manner: – State Public Procurement Portal ( SPPP ) . – Own functionary web site. – An abridged notice in newspapers as per regulation 43 ( 6 ) & ( 7 ) thru DIPR. – Notice board of concerned offices. – Cost above Rs. 200 lakhs – publish in Indian Trade Journal besides. – More than one capable affair – in one NIB. – Time for entry of command and mode of publication – Tables under regulation 43 ( 6 ) & ( 7 ) – 30 yearss. – For International Comp. Biddings – Additionally thru Indian Embassies Abroad, Foreign Embassies in India, International Trade Journals. – Time period for entry 45 yearss. – In emergent conditions – can cut down entry clip to half – but record grounds. Bidding Procedure 83

84 Contentss on Portal – Name and reference of securing entity. – Summary of required chief footings and conditions of contract. – Single phase / 2 phase. – Criteria and process for evaluation. – Price, Mode of Payment, Procedure and Place for command papers. – Amount of Bid Security and its signifier. – Manner, topographic point, clip and day of the month of entry of commands. – Procurement reserved for any class. – Right to call off command. – Time, day of the month and topographic point of gap of Bids. – Any other of import information. Bidding Process Price, fee or user charges of Bidding Documents ( R-44 ) – Consider readying and delivery cost. – May charge treating fee or user charges for e- procurement installation. 84

91 Deadline for entry of Bids ( R-51 ) Procuring Entity to denominate a individual, to have command. Bidder may drop command in the command box, command received by the designated individual shall besides be put in the command box, up to clip and day of the month given in the NIB. Normally no extension for clip and day of the month of entry - except when significant alterations are done in the command papers. In that instance print in the same mode as original publication and on the portal- besides give sensible clip to Bidders. If last day of the month of entry and gap is holiday and PE’s Office – so on following on the job twenty-four hours. Bidding Process Late Bids ( R-52 ) Shall non have personally. Arrives by station – grade “LATE” and return unopened by Registered / Speed Post. 91

92 Receipt & detention of Bids ( R-53 ) Shall be received and entered in specified format- – By manus / messenger / station / bead in Bid-box. – Submission of e-bids – method shall be in conformity with process outlined on the Portal. – Not to be considered – by wire or in any other format. – Upto specified clip, day of the month, on topographic point in Command Documents. – Received unsealed/ unfastened shall be marked and signed by having individual, put in fresh screen and reseal. – All commands shall be kept in certain and locked Bid box. – Bid box holding two locks – keys of either lock, each with PE and individual having commands individually. – Commands received should be entered in Bid Receipt Register in figures and words. – Do do entry of late commands besides, after shuting the Register and handle them as specified earlier. Bidding Procedure 92

94 Opening of Bids ( R-55 ) Bids received upto clip, day of the month and at the topographic point specified in Bidding papers shall be opened by Bid Opening Committee ( BOC ) . Hand over to convener of the Bids gap commission, the Bid box or the commands, received by the designated individual in the mode specified. In instance of e-bid, process may be seen on SPPP – bidders may watch on web site. Bids shall be opened in presence of Bidder or his authorized representative ( authorization in composing ) , attendance shall be recorded. All the commands received / found in command box shall be counted and numbered as A/N in ruddy ink, ‘A’ stands for figure and ‘N’ stands for entire figure of the commands. List of bidders shall be prepared holding name, telephone figure – attach authority missive of Representative. Bidding Procedure 94

96 Alteration / Correction / Additions / Over-writing – initials to be done. No rejection of command, on opening except: – Late Commands. – Alternate Commands ( if non permitted ) . – Bid non accompanied with monetary value of command papers, treating fee or user charges and bid security. The commission to fix record – of above facts and – Sign by commission and bidders present – Omission of bidders signature shall non annul contents. 2 portion Bids – Open ‘Technical’ First, Financial merely of qualified bidders. Expression of Interest / RFQ- – First present shall be opened as per regulation 55 ( 3 to 11 ( for opening individual portion command ) ) . – Second phase as per 2 portion commands. Bidding Procedure 96

98 Tabulation of Technical Bids ( R-57 ) Bid Evaluation Committee shall fix comparative statement, while looking at the nature of the Bid such as whether RFQ / EoI, Two Phase Bidding, containing– – Name, Address ( including electronic mail Idaho ) of the Bidder ; – Reference of enrollment no. / empanelment if any, or regd. with any other PE ; – Whether Bid is substituted / modified ; – Whether Bidder is eligible ; – Commands are signed decently / BOC members ; – Proof of payment of monetary value, fee, user charges ; – Meets making standards – related to proficient, fiscal & professional etc. as per Bidding Document demand ; – Result of evaluation of proficient command. Bidding Procedure 98

99 Tabulation of Financial Bids ( R-58 ) After proficient evaluation - to measure lowest or most advantageous Command on the footing of following points, a table shall be prepared – – Name and reference ( including electronic mail ) ; – Whether technically qualified or non, if any ; – Meet specifications of the capable affair ; – Rate per unit / entire monetary value ; – Taxes and responsibilities ; – Packing, forwarding, theodolite, insurance ; – Total cost per unit ; – Discount, Rebate if any ; – Delivery / completion period ; – Validity of Bids upto ; – Mode of payment ; – Sample / test /testing etc ; – Guarantee / Warrantee/ defect liability period ; – Maintenance period / AMC etc. ; – Any other information sought in Bidding Document or extra information non portion of Bidding Document ; – Material deviation, reservation or omission Bidding Process 99

100 – Evaluation ( combined in instance of two phase ) of the command papers, standing of the bidder in evaluation. If individual portion command following points shall besides be considered alongwith above, viz. : – Reference of enrollment / empanelment with the PE or elsewhere be mentioned ; – Mention of ‘substitution’ , ‘modification’ or ‘original’ ; – Bidder is carry throughing standards as per Bidding Documents ; – Bid is punctually signed by himself or the authorized representative, in ulterior instance proper missive from bidder ; – Proof of payment of Bid Documents / treating fee / user charges, if any ; – Proper cogent evidence / declaration u/s. 7 ( 2 ) ( B ) , ( degree Celsius ) , ( vitamin D ) , ( vitamin E ) . Recommendation in respect to the Qualified Bidder, of the BEC shall be noted by the members and signed. Bidding Process Tabulation of Financial Bids ( R-58 ) 100

101 Determination of Responsiveness ( R-59 ) Responsiveness as per subdivision 7 ( 2 ) i.e.. – Professional, fiscal carry throughing making mentioned in Bidding Document – – No pending revenue enhancement liability, dissolver, non convicted bidder/ manager / officer, no struggle of involvement. – Further it should be without – Deviation, i.e. do significant alteration in scope, quality, public presentation ; below the belt affect competitory place ; Reservation i.e. scene of restricting conditions or keep backing from complete credence of the demand specified in the command papers ; Omission i.e. the failure to subject portion or all of the information or documentation required in the Bidding Document. Bidding Procedure 101

105 Technical Commands Evaluation: Two Part Bids ( R-63 ) The standards for evaluation- as per sec. 7, mentioned in Bidding Documents. Criteria one time fixed for rating shall non be changed. Techno-commercial makings – As per regulation 57, in tabular signifier: – In country of professional, proficient, fiscal, managerial competency. – Number of old ages of experience. – Satisfactory completion of similar contracts. – Fiscal Turnover. – Value of orders in manus. Number of houses technically qualified – should be minimal three. If less than three, and want to go on the procedure – record grounds in composing. Technically qualified Bidders shall be informed of clip, day of the month of gap of fiscal commands – should non be subsequently than 15 yearss. Bidding Procedure 105

107 Evaluation of Financial Bids ( R-65 ) Single Part Bid – – Single screen – with Bid Security, Processing Fee or user charges, monetary value of paperss. Two Part Bid – – Only of Technically qualified Bidders. Primarily – – Bidder is qualified, bid entry as per process and technically approved. Where monetary value is merely criteria – to Lowest command monetary value. Where monetary value and other award standards – to Most advantageous command – on the footing of standards and process given in command paperss. Mark L1, L2….. or H1, H2….. as the instance may be. Ensure rate is justifiable – as per market rate besides. In instance of rate contract – may be more than one house to guarantee uninterrupted supply – by offering lowest rate to other Bidders. After approval of competent authorization – instantly pass on to all bidders and print on portal. Inform to successful Bidder – to finish demands – for public presentation security and executing of understanding. Bidding Procedure 107

110 Lack of Competition ( R-68 ) In instance PE ends up with one antiphonal Bid – – Check necessary demands as standard command conditions, specifications, promotion, clip allowed etc. were taken attention of. – If non, correct those demands and refloat NIB. – Even one valid Bid – may be antiphonal, provided: The Bid is technically qualified ; Price is sensible ; Bid is unconditioned and complete ; No cartelisation among bidders ; The Bidder is qualified – as per subdivision 7. Procure entity to do note and send to next higher authorization for approval. If dissent by any member of the commission – next higher authorization to make up one's mind – countenance or call off the command. If determination to re-invite – assess market depth, eligibility standards and cost estimation. Bidding Procedure 110

111 Negotiations ( R-69 ) To the extent possible, no dialogues after pre-bid phase – except in instance of individual beginning procurement or competitory dialogues. Negotiations merely with lowest bidder in state of affairs of: – Ring monetary values / Rate much higher than market rates Negotiations by Bid Evaluation Committee. Record the proceedings – grounds and the consequence. Information to be sent in composing – courier / registered/ velocity station / electronic mail. Minimal clip – 7 yearss. If reduced, guarantee communicating and consent of bidder. Negotiations shall non do original offer inoperative. Even after dialogues, rates are considered really high – invite fresh commands. Bidding Procedure 111

112 Acceptance of Successful Bid & Award of Contract ( R-70 ) On recommendation of commission – Procuring Entity to accept / reject the command – within cogency period. Dissent by any member – refer the command to next higher authorization for determination. Decision non taken within the clip allowed under regulation 40 ( 2 ) – refer the command to next higher authorization. Bid successful – Merely after approval of competent authorization. After approval, inform to the successful Bidder within cogency period. Bidder to put to death understanding and sedimentation public presentation security within period specified in Bidding Documents / if non specified so within 15 yearss of despatch of credence missive / LoI. If formal missive of credence takes clip – issue Letter of Intent ( LoI ) . Credence of offer complete every bit shortly as Acceptance Letter / LoI is posted to turn to /email on file and shall represent to be a binding contract. Bidding Procedure 112

116 Performance Security ( R-75 ) Shall be solicited from or successful Bidders except from those who can subject Bid Securing Declaration. ( e.g. Govt. , / PSUs. / Govt. owned Coop. Societies Etc. ) Sum, in instance of Goods & Services, of the sum of order– – 5 % or as specified in Bidding Document / 1 % in instance of Small Scale Industries of Rajasthan /2 % in instance of Sick and BIFR Industries. Amount, in instance of Works– – 10 % of the sum of work order. Forms- – Deposit thru e-GRAS / Bank Draft or Banker’s Cheque / National Savings Certificate ( NSC ) / Other scripts under Small Savings by Post Office – Duly transferred in the name of Procuring Entity and approved by Post Master. – Bank Guarantee of a Scheduled Bank ( with conditions as stated for Bid Security ) – Fix Deposit Receipts of a Scheduled Bank - Duly discharged in favor of Procuring Entity. Validity – – 60 yearss beyond day of the month of completion of all contractual duties of Bidder including warranty duties and care and defect liability period. Bidding Procedure 116

118 Confidentiality ( A-49, R-77 ) Section 49 ( 1 ) provide that the Procuring Entity shall non unwrap information if – – Impede enforcement of any jurisprudence. – Affect security or strategic involvement of India. – Affect rational belongings rights, legitimate commercial involvement of Bidder or the Procuring Entity. Procuring Entity shall avoid revelation to competitory Bidders or any other individual, non authorised to hold entree to communicating with Bidders. Procuring Entity may enforce on Bidders for carry throughing the conditions sing revelation of which violates subdivision 49 ( 1 ) . Bidding Process Cancellation of Procurement Process ( R-78 ) Once cancelled – Not to be reopened. But new procurement procedure may be initiated. 118

119 Documentary record of procurement proceedings ( R-79 ) – Documents refering to finding of demand. – Description of the capable affair. – Reasons for pick of procurement method. – Particulars of take parting bidders. – Request for clarifications and Responses thereto. – Bid monetary values and other fiscal footings. – Summary of the rating of Bids. – Detail of entreaty u/s. 38 and related determinations. – A sum-up of rating and comparing of Bids. – If procurement procedure is cancelled – grounds of cancellation. – Any papers, presentment, determination or any other information generated in class of procurement shall be in the signifier which may be accessible to be useable for subsequent mention. Bidding Procedure 119

120 Record to be maintained – A 10 ( 1 ) ,10 ( 3 ) , and R ( 79 ) – Determination of demand. – Description of the capable affair. – Reason for pick of a Procurement Method. – Particulars of Bidders. – Clarifications and response thereto. – Bid Prices and other fiscal footings. – Summary and rating of Bids. – Detail of entreaty u/s 38 and determinations. – Transcript of the contract / rate contract. – Empanelment – transcript of understanding. – Summary of rating. – Comparison of Bids. – Reason for rejection or non-consideration of a Bid. / If procurement procedure cancelled, grounds thereof. – Any other, if prescribed. – RTI Act, 2005 ; / Any other Law in force relating to retention of record ; – The record shall be maintained for a sensible period so as to enable audit of such other reappraisal. Bidding Procedure 120

121 Procuring Entity, Bidders, Officers or Employees of PE ( Sec.11, R-80 )  Maintain an unimpeachable criterion of unity both inside and outside their office.  Act in conformity with the commissariats of the Act, these regulations, guidelines issued under the Act and instructions  Not let any bidders to hold entree to information on a peculiar procurement, before such information is available to the public at big.  Not deliberately use unnecessarily restrictive or “tailored” specifications, footings of mention or statements of work that can deter competition. Not solicit or accept any payoff, reward or gift or any material benefit of any straight or indirectly promise of future employment from anyone, who has sought or is seeking procurement from the securing entity.  Not hold a fiscal involvement in any bidder ( s ) reacting to a procuring entity’s command procedure.  Not unwrap proprietary and beginning choice information.  Treat all bidders in a just and just mode.  Provide all bidders indistinguishable information at the same clip.  Apply the same standard of rating as specified in the command paperss. Not entertain any favor, recreation, nowadayss, services, etc. from the bidders or prospective bidders.  Protect the involvements of the procuring entity.  Maintain confidentially of all commands while covering with information and information beginnings.  Ensure that the choice of bidder is as per the command paperss and is non influenced by personal grounds attributable to concerned functionaries.  Disclose struggle of involvement. Code of Integrity 121

122 For Bidders-  Not offer any payoff, wages or gift or any material benefit either straight or indirectly in exchange for an unjust advantage in procurement procedure or to otherwise influence the procurement procedure.  Not misrepresent or omit information that misleads or efforts to misdirect so as to obtain a fiscal or other benefit or avoid an duty.  Not indulge in any collusion, command set uping or anti-competitive behavior to impair the transparency, fairness and advancement of the procurement procedure. Not misuse any information shared between the procuring entity and the bidders with an purpose to derive unjust advantage in the procurement procedure.  Not indulge in any coercion including impairing or harming or endangering to make the same, straight or indirectly, to any party or to its belongings to act upon the procurement procedure.  Not blockade any probe or audit of a procurement procedure.  Disclose struggle of involvement.  Disclose any old transgressions with any entity in India or any other state during the last three old ages or any debarment by any other procuring entity. Code of Integrity 122

123 Breach of codification of unity by the bidder  Without bias to the commissariats of Chapter IV, following action may be taken by PE in instance of breach of Code of Integrity-  ( a ) exclusion of the bidder from the procurement procedure ;  ( B ) naming off of pre-contract dialogues and forfeiture or encashment of command security ;  ( degree Celsius ) forfeiture or encashment of any other security or bond relating to the procurement ;  ( vitamin D ) recovery of payments made by the procuring entity along with involvement thereon at bank rate ;  ( vitamin E ) cancellation of the relevant contract and recovery of compensation for loss incurred by the procuring entity ;  ( f ) debarment of the bidder from engagement in future procurances of the procuring entity for a period non transcending three old ages under subdivision 46. Code of Integrity 123

124 For Procuring Entity or its Forces  When PE’s personnel’s private involvements, such as outside professional or other relationships or personal fiscal assets, interfere or look to interfere with the proper public presentation of its professional maps or duties as a procurement functionary.  such private involvements as personal investings and assets, political or other outside activities and associations while in the service of the procuring entity, employment after retirement from the securing entity’s service or the reception of a gift that may put the procuring entity’s forces in a place of duty.  Use of PE’s assets, including human, fiscal and material assets, or the usage of securing entity’s office or cognition gained from official maps for private addition or to prejudice the place of person securing entity’s forces does non favor.  PE’s forces is seen to profit, straight or indirectly, or let a 3rd party, including household, friends or person they favour, to profit from securing entity’s personnel’s actions or determinations. Code of Integrity 124

125 For Bidders They have commanding spouses in common. They receive or have received any direct or indirect subsidy from any of them. They have the same legal representative for intents of the command They have a relationship with each other, straight or through common 3rd parties, that puts them in a place to hold entree to information about or influence on the command of another A bidder participates in more than one command in the same command procedure. A bidder or any of its affiliates participated as a adviser in the readying of the design or proficient specifications of the capable affair of procurement of the command procedure. Code of Integrity: Conflict of Interest 125

126 Filing an entreaty If any Bidder or prospective bidder is aggrieved that any determination, action or omission of the Procuring Entity is in dispute to the commissariats of the Act or the Rules or the Guidelines issued thereunder, he may register an entreaty to First Appellate Authority, as specified in the Bidding Document within a period of 10 yearss from the day of the month of such determination or action, omission, as the instance may be, clearly giving the specific land or evidences on which he feels aggrieved: Provided that after the declaration of a Bidder as successful the entreaty may be filed merely by a Bidder who has participated in procurement proceedings:  Provided further that in instance a Procuring Entity evaluates the Technical Bids before the gap of the Financial Bids, an entreaty related to the affair of Financial Bids may be filed merely by a Bidder whose Technical Bid is found to be acceptable. The officer to whom an entreaty is filed under parity ( 1 ) shall cover with the entreaty every bit efficiently as possible and shall endeavor to dispose it of within 30 yearss from the day of the month of the entreaty.  If the officer designated under parity ( 1 ) fails to dispose of the entreaty filed within the period specified in parity ( 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 instance may be, may register a 2nd entreaty to Second Appellate Authority specified in the Bidding Document in this behalf within 15 yearss from the termination of the period specified in parity ( 2 ) or of the day of the month of reception of the order passed by the First Appellate Authority, as the instance may be. Appeals ( S-38 to 40, R-83 to 85 ) 126

127 Appeal non to lie in certain instances No entreaty under subdivision 38 shall lie against any determination of the procuring entity associating to the undermentioned affairs, viz. : -  ( a ) finding of demand of procurement in footings of subdivision 5 ;  ( B ) commissariats restricting engagement of bidders in the command procedure in footings of the commissariats of subdivision 6 ;  ( degree Celsius ) the determination of whether or non to come in into dialogues in footings of subdivision 15 ;  ( vitamin D ) cancellation of a procurement procedure in footings of subdivision 26 ;  ( vitamin E ) applicability of the commissariats of confidentiality under subdivision 49. Entreaties ( S-38 to 40, R-83 to 85 ) 127

129 Form of Appeal  An entreaty shall be in the prescribed Form along with as many transcripts as there are respondents in the entreaty.  Every entreaty shall be accompanied by an order appealed against, if any, affidavit verifying the facts stated in the entreaty and cogent evidence of payment of fee.  Every entreaty may be presented to First Appellate Authority or Second Appellate Authority, as the instance may be, in individual or through registered station or authorised representative. Fee for registering appeal-  ( a ) Fee for first entreaty shall be rupees two thousand five 100s and for 2nd entreaty shall be rupees 10 thousand, which shall be non-refundable.  ( B ) The fee shall be paid in the signifier of bank demand draft or banker’s check of a Scheduled Bank in India collectible in the name of Appellate Authority concerned. Procedure for disposal of entreaty  ( a ) The First Appellate Authority or Second Appellate Authority, as the instance may be, upon filing of entreaty, shall publish notice accompanied by transcript of entreaty, affidavit and paperss, if any, to the respondents and fix day of the month of hearing. ( B ) On the day of the month fixed for hearing, the First Appellate Authority or Second Appellate Authority, as the instance may be, shall, -  ( I ) hear all the parties to appeal present before him ; and  ( ii ) peruse or inspect paperss, relevant records or transcripts thereof associating to the affair.  ( degree Celsius ) After hearing the parties, perusing or review of paperss and relevant records or transcripts thereof associating to the affair, the Appellate Authority concerned shall go through an order in authorship and supply the transcript of order to the parties to appeal free of cost.  ( vitamin D ) The order passed under sub-clause ( degree Celsius ) above shall besides be placed on the State Public Procurement Portal. Appeals ( S-38 to 40, R-83 to 85 ) 129

130 Punishment for taking satisfaction or valuable thing in regard of public procurement Whoever, being an officer or employee of the procuring entity moving in connexion with any procurement procedure, accepts or obtains or agrees to accept or try to obtain from any individual, for himself or for any other individual, any satisfaction other than legal wage or any valuable thing without consideration or for a consideration which he knows to be unequal, in connexion with such public procurement, as a motivation or wages for making or hold backing to make any official act or for demoing or hold backing to demo, in the exercising of his official maps, favor or disfavor to any individual or for rendering or trying to render any service or disservice to any individual, shall be punishable with imprisonment which shall be non less than six months but which may widen to five old ages and shall besides be apt to ticket. Vexatious entreaties or ailments Whoever deliberately files any annoying, frivolous or malicious entreaty or ailment under this Act, with the purpose of detaining or get the better ofing any procurement or doing loss to any procuring entity or any other bidder, shall be punished with all right which may widen to twenty lakh rupees or five per cent of the value of procurement, whichever is less. Offences and Penalties ( Sections 41 to 47 ) 130

131 Intervention with procurement procedure ( 1 ) Whoever-  ( a ) interferes with or influences any procurement procedure with the purpose of procuring any unlawful addition or undue advantage for any prospective bidder or bidder ; or  ( B ) interferes with the procurement procedure with the purpose of doing any unjust disadvantage for any prospective bidder or bidder ; or  ( degree Celsius ) engages in any action or lobbying, straight or indirectly, with the aim of unduly curtailing just competition ;  ( vitamin D ) deliberately influences any procuring entity or any officer or employee thereof or wilfully or fraudulently makes any averment or representation that would curtail or restrain just competition in any procurement procedure ;  ( vitamin E ) engages a former officer or employee of a procuring entity as an employee, manager, adviser, advisor or otherwise, within a period of one twelvemonth after such former officer or employee was associated with a procurement in which the employer had an involvement ;  ( f ) engages in any signifier of bid-rigging, conniving command or anticompetitive behaviour in the procurement procedure ; or  ( g ) deliberately breaches confidentiality referred to in subdivision 49 for any undue gain- Offences and Penalties ( Sections 41 to 47 ) 131

132 A bidder who-  ( a ) withdraws from the procurement procedure after gap of fiscal commands ;  ( B ) withdraws from the procurement procedure after being declared the successful bidder ;  ( degree Celsius ) fails to come in into procurement contract after being declared the successful bidder ;  ( vitamin D ) fails to supply public presentation security or any other papers or security required in footings of the command paperss after being declared the successful bidder, without valid evidences, shall, in add-on to the resort available in the command paperss or the contract, be punished by all right which may widen to fifty lakh rupees or ten per cent of the assessed value of procurement, whichever is the less. Whoever deliberately files any annoying, frivolous or malicious entreaty or ailment under this Act, with the purpose of detaining or get the better ofing any procurement or doing loss to any procuring entity or any other bidder, shall be punished with all right which may widen to twenty lakh rupees or five per cent of the value of procurement, whichever is less. Offenses and Penalties ( Sections 41 to 47 ) 132

133 Debarment from command ( 1 ) A bidder shall be debarred by the State Government if he has been convicted of an offense -  ( a ) under the Prevention of Corruption Act, 1988 ( Central Act No.49 of 1988 ) ; or  ( B ) under the Indian Penal Code, 1860 ( Central Act No. 45 of 1860 ) or any other jurisprudence for the clip being in force, for doing any loss of life or belongings or doing a menace to public wellness as portion of executing of a public procurement contract.  ( 2 ) A bidder debarred under sub-section  ( 1 ) shall non be eligible to take part in a procurement procedure of any procuring entity for a period non transcending three old ages get downing from the day of the month on which he was debarred.  ( 3 ) If a procuring entity finds that a bidder has breached the codification of unity prescribed in footings of subdivision 11, it may suspend the bidder for a period non transcending three old ages ;  ( 4 ) Where the full command security or the full public presentation security or any utility thereof, as the instance may be, of a bidder has been forfeited by a procuring entity in regard of any procurement procedure or procurement contract, the bidder may be debarred from take parting in any procurement procedure undertaken by the procuring entity for a period non transcending three old ages. Abetment of certain offenses  Whoever abets an offense punishable under this Act, whether or non that offense is committed in effect of that abettal, shall be punished with the penalty provided for the offense. Offenses and Penalties ( Sections 41 to 47 ) 133

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