Panchayat:Repo18/Law Manual Page0616

(8) The officer who opens the tender shall put his signature in the tender by recording in his own handwriting both in words and figures the percentage of tender rate recorded by the contractor.

(9) Details of tenders received shall be entered in the tender register and the signature of the contractors who were present at the time of opening of the tender shall be obtained in the tender register.

(10) Opened tenders shall as soon as possible may be tabulated by the authorised officer and with the remarks of the Panchayat Engineer it shall be placed before the competent authority for deciding which of the tenders shall be accepted.

(11) The authority who has accorded administrative sanction to the estimate under Rule 4 shall be the authority competent to decide which tender shall be accepted. Decision shall be taken on them within ten days from the date of opening of the tender.

(12) Subject to sub-rule (14) the lowest tender shall be accepted for every public work:

Provided that where the competent authority, on a report that effect by the Secretary endorsed by the Panchayat Engineer, is satisfied that it will not be desirable to accept the lowest tender, the next higher tender may be accepted by rejecting the lowest tender after recording the genuine reasons.

(13) A tender in excess of the estimated cost of a work shall be accepted only if a certificate is recorded by the Panchayat Engineer and the Secretary to the effect that the failure to obtain a tender within the estimated cost is not due to want of publicity for the tender notice and that no advantage is likely to be secured in inviting fresh tenders for the work.

(14) Notwithstanding anything contained in sub-rule (11) the previous sanction of the technical committee specified in sub-rule (1) of Rule 5 shall be obtained where the excess over the estimated amount is more than five per cent of such amount.

(15) The person whose tender is accepted shall deposit 5% of the amount of agreement as security deposit (including earnest money) and shall sign the agreement bond.

11. Entrustment of works by negotiation.- (1) In case the rates in the tenders received on publication of the notice under Rule 9 seems not acceptable or if sufficient number of tenders are not received the work shall be retendered.

(2) If the rate in tenders received on retender is seen not acceptable, negotiation shall be made by the consensus of the Panchayat with the contractor who has submitted the lowest rate of tender and subject to the provisions of sub-rule (14) of Rule 10, such offer shall be accepted.

(3) The Panchayat may, if it considers necessary, by negotiation entrust any work for execution, to a Government recognised, financially sound and experienced voluntary organisation or institution and the rates decided by the Panchayat on negotiation subject to the provisions of sub-rule (14) of Rule 10 shall be allowed to them.