Amendment status not verified — confirm the current text below against the official source.
Determination of the lowest evaluated price.- (1) Out of the tenders found to be substantially responsive after the initial examination, the tenderers who has bid the lowest evaluated price in accordance with the evaluation criteria or the tenderers scoring the highest on the evaluation criteria specified as the case may be shall be determined. (2) In determining the lowest evaluated price, the following factors shall be considered, namely:- (a) the quoted price shall be corrected for arithmetical errors; (b) in cases of discrepancy between the prices quoted in words and in figures, lower of the two shall be considered; (c) adjustments to the price quoted shall be made for deviations in the commercial conditions such as the delivery schedules and minor variations in the payment terms which are quantifiable but deemed to be non-material in the context of the particular tender; 46[(d) the evaluation shall include 47[State Goods and Services Tax, Central Goods and Services Tax, Integrated Goods and Services Tax, and all central duties such as customs duty] as a part of the price, as detailed below: - (i) in evaluation of the price of an imported item, the price has to be determined inclusive of the customs duty; (ii) in evaluation of the price of articles which are subject to 48[State Goods and Services Tax, Central Goods and Services Tax, Integrated Goods and Services Tax], the price has to be determined inclusive of such 48[State Goods and Services Tax, Central Goods and Services Tax, Integrated Goods and Services Tax]; 46Substituted by Amt. No.1 for the clause ‘(d) the evaluation shall include all central duties such as customs duty and central excise duty as a part of the price, but shall exclude sales tax if the bidders are from other States and Tamil Nadu,’ [TNGGE No.281 / 09-10-2003 (No.SRO A- 42(e)/2003) - G.O.Ms.No.412 / 09th October, 2003]. 47 Substituted by Amt. No.(i) for the expression ‘all central duties such as customs duty and central excise duty and sales tax’’ [TNGGE No.228, dated 13-07-2017 (No.SRO A-33(b)/2017) - G.O.Ms.No.215 /13th July 2017]. 48 Substituted by Amt. No.(ii) for the expression ‘central excise’ occurring in two places [TNGGE No.228, dated 13-07-2017 (No.SRO A-33(b)/2017) - G.O.Ms.No.215 / 13th July 2017]. TAMIL NADU TRANSPARENCY IN TENDERS RULES, 2000. 40 49[(iii) and (iv) …] (e) in the case of purchase of equipment, the operation and maintenance and spare part costs for appropriate periods as may be specified in bid documents may be quantified, where practicable and considered. 50(f) 51[...] (3) In order to secure the best possible procurement price, negotiations with tenderer determined as per 52[sub-rules (1) and (2) of this rule] are permissible subject to provisions in section 10 of the Act. 53[(4) In the event that two or more tenderers have made the same financial bid and the splitting of the tender is not possible in accordance with sub-section (5) of section 10 of the Act, the Tender Accepting Authority shall identify the lowest tenderer by adopting one of the following approaches, which shall be pre-specified in the Tender Documents: (a) In case of multi-stage tenders, by taking into account the qualification score of each tenderer from the first stage and the tenderer with higher score shall be adjudged the Lowest Tenderer; or 49 Omitted by Amt. No.(iii) and (iv) for sub-caluses (iii) in a tender where all the tenderers are from within the State of Tamil Nadu, or where all the tenderers are from outside the State of Tamil Nadu, the ^[Value Added Tax] shall be included for the evaluation of the price; and (iv) In a tender where the tenderers are both from the State of Tamil Nadu as well as from outside the State of Tamil Nadu, &[the Value Added Tax levied under Tamil Nadu Value Added Tax Act, 2006 (Tamil Nadu Act 32 of 2006)] shall be excluded for the evaluation of the price.] [TNGGE No.228, dated 13-07-2017 (No.SRO A-33(b)/2017) - G.O.Ms.No.215 /13th July 2017]. ^[Substituted by Amt. No.15(a)(i) for the expression ‘sales tax, & Substituted by Amt. No.15(a)(ii) for the expression ‘the sales tax under the Tamil Nadu General Sales Tax Act, 1959 (Tamil Nadu Act 1 of 1959,’ [TNGGE No.345, dated 11-12-2012 (No.SRO.A‑36(a)/2012) - G.O.Ms.No.425 / 11th December, 2012]. 50 Added by Amt. No.(2) ‘(f) the evaluation and comparison shall include fifteen percent price preference for domestic small scale industrial units and ten percent price preference for the public sector undertakings of the Government in respect of products and quantities manufactured by them,’ [TNGG No.44 / 21-11-2001 (No.SRO A-72(m-a)/2001) - G.O.Ms.No.452 / 16th November, 2001]. (w.e.f. 1-12-2001) 51 Omitted by Amt. No.15(b) [TNGGE No.345 / 11-12-2012 (No.SRO.A-36(a)/2012) - G.O.Ms.No.425 / 11th December, 2012]. 52 Substituted by Amt. No.15(c) for the expression ‘clauses (1) and (2) above,’ [TNGGE No.345 / 11-12-2012 (No.SRO.A-36(a)/2012) - G.O.Ms.No.425 / 11th December, 2012]. 53 Added by Amt. No.15(d), [TNGGE No.345 / 11-12-2012 (No.SRO.A-36(a)/2012) - G.O.Ms.No.425 / 11th December, 2012]. TAMIL NADU TRANSPARENCY IN TENDERS RULES, 2000. 41 (b) By asking the two tenderers to provide their best and final offer of the financial bid in a sealed cover and the tenderer offering the most advantageous financial bid shall be adjudged the Lowest Tenderer. (c) In case, a tie still persists after the procedure contained in clause (a) or (b) of this sub-rule has been followed, the selected tenderer shall be identified by draw of lots, which shall be conducted, with prior notice, in the presence of the tied tenderers or their representatives who choose to be present.] 54[29-A. Treatment of Speculative Tenders.- (1) The Tender Accepting Authority may reject a tender, if it has determined that the financial bid in combination with other constituent elements of the tender is abnormally low or abnormally high in relation to the subject matter of the procurement and raises concerns with such authority as to the ability of the tenderer to perform the contract. (2) Before arriving at a determination under sub-rule (1), the Tender Accepting Authority may in writing seek such other information from the tenderers as it considers relevant. (3) The decision of the Tender Accepting Authority to reject a submission in accordance with this rule and the reasons for that decision, and all communications with the tenderer under this rule shall be included in the record of the Tender Proceedings. (4) The decision of the Tender Accepting Authority and the reasons therefor shall be promptly communicated to the tenderer concerned.]