Bihar Government

Finance DePartment
Notification
j/ F Patna' Date: 09 - lZ -202i
No. M 4'03/2 022 | 3l I
lnexerciseofthepowersconferredbyArtic|e-282(2)oftheConstitutionof
rules to amend
lndia, the Governor of Bihar is pleased to make the following
time):-
the Bihar Financial Rules, 1950 (As amended from time to
Bihar Financial (Amendment) Rules, 2024
(1)Short title, extent and commencement:
[Link]|esmaybeca||ed..BiharFinancia|(Amendment)Ru|es'
zvz+
b. lt shall extend to the whole of the State of Bihar'
c. lt shall have come into force with immediate effect'
(2)Deletion of sub-rule (xlx), (xx), (XXll) of Rule 30- General Principles of
contracts of the Bihar Financial Rules (as amended from time to time)
andSubstitutionofprovisionsofRule-124,125,126,127,128'129'130'
131 & 13,1A to 1312P relating to Procurement of Goods and services of
the Bihar Financial Rules (as amended from time to time) by the rules
124.125.126,127,128,129,130,131and131Ato131228asbe|ow:-
Rule No. har Financial (Amencl!!ql!) Ee!912024
Bi
124 Application
(1)This chapter contains the general rules appllcable to all
procuring entities {referred in sub-rule (2) below}'
regarding public procurement of goods and services
reouired for use in the public service.
(2)For the purpose of this rule, "Procurlng Lntlty (t't)
means;
a. Any department of the State Government or it's
attached or subordinate office(s);
b. Any body established or constituted by the
constitution of India whose expenditure is met from
the Consolidated Fund of State; and
c. Any body or board or corporation or public sector
enterprise or authority or society or trust or
autonomous oody (by whatever name called)
established or constituted by an Act of the State
 Legislature, or a
by the State Government.
(3)NotwithstanO
the provisions of this rule shall not apply
to a procuring
Entity in case of any obrigation of the
state Government
under or arising out of any agreement,
a. Entered with an intergovernmental, international
financing institution or multilateral development
agenctes or bilateral development agencies namety
World Bank, Asian Development Bank (ADB), Foreign,
Commonwealth & Development Office (FCDO), etc. for
procurement of goods and services (funded by
roan or
grant) where compliance of procurement guidelines
of
such agency is mandated; or
b. To which it is party with one or more other State
Governments or with the Government of India, and the
requirements of such agreement shall prevail over the
provisions of this rule
Provided that the State Government shall satisfy itself that
the procurement procedure stipulated in terms of such
agreement, are in consonance with the basic principles of
public procurement.
(4)Detailed instructions relating to procurement j
goods/services may be issued by the procuring
administrative departments/ procuring entities broadly in
conformity with the general rules contained in this
Chaoter.
Definition of Goods
The term 'goods' used in this chapter includes ail artictes,
material, commodity, livestock, furniture, fixtures, raw
material, spares, instruments, machinery, equipmenr,
industrial plant, vehicles, aircraft, ships, medicines,
ffi accessories, a group of
machineries comprising of an integrated production process
or such other category of goods or intangible products like
software, technology transfer, licenses, patents or other
intellectual properties purchased or otherwise acquired for
the use of Government but excludes books, publications'
oeriodicals, etc. for a library.
The term 'goods' also includes works and services which are
incidental or consequential to the supply of such goods, such
as, transportation, insurance, installation, commissioning'
training and maintenance'
Fundamental prirrciptes ot Public Procurement (for all
proc u reme nts i ncl u d i n g pry9ll9 rn9l191t'9I!:)
(1)E\rery procuring entity delegated with the financial powers
of procurement of goods and services in public interest
shall have the responsibility and accountability to bring
efficiency, economy, and transparency in matters relating
to public procurement and for fair and equitable treatment
of suppliers and promotion of competition in public
procurement. The procedure to be followed in making
public procurement must conform to the following
parameters: -
[Link] description of the subject matter of procurement to
the extent practicable should-
a. be objective, functional, generic and measurable
and specify technical, qualitative and performance
characteristics.
b. not indicate a requirement for a particular trademark,
trade name or brand.
iiJhe specifications in terms of quality, type etc., as also
quantity of goods to be procured, should be clearly spelt
out keeping in view the specific needs of the procuring
organisations. The specifications so worked out should
meet the basic needs of the organisation without including
superfluous and non-essential features, which may result
in unwarranted exPenditure.
 Care should also be taTen to avoiO pumasing quantties
In excess of requirement to avoid inventory carrytng
costs.
Offers should Oe invGO tottowrng€ fatr, transparent
and
reasonable procedure.
v. The procuring entity sn@
offer adequately meets the requirement in all respects.
The procuring entity should satisfy itself that tne price
of
the selected offer is reasonable and consistent with the
quality required.
vii. At each stage of procurement, tne concerneO procwing
entity must place on record, in precise terms. the
considerations while taking the procurement decision.
1zy Restriction on procurement from Grtatn countries;
Notwithstanding anything contained in these rutes,
Department of Expenditure may, by order in writing,
impose restrictions, including prior registration and/ or
screening, on procurement from bidders from, or bidders
having commercial arrangements with an entity from, a
country or countries, or a class of countries, on grounds of
defence of India, or matters direcfly or indirecfly related
thereto including national security; no procurement shall
be made in violatlon of such restrictions.
Authorities competent to purchase goods
An authority whlch is competent to incur contnqent
expenditure may sanction the purchase of goods required for
use in public service in accordance with provisions in the
Delegation of Financial powers, following the general
procedure contained in the following rules.
Powers for procurement of goods and Services
The Administrative Departments have Oeen OetegateO tutt
powers to make their own arrangements for procurement of
goods and services and issue necessary directions to its
subordinate or attached offices, as prescribed by the State
Government from time to time.
ffi istrative DePartmenUProcuring
Entity does not have the required expertise, it may purcnase
through the State Purchase organisation with the approval of
competent authoritY.
Designation of State Purchase Organisation
ffiignate one or more organizations
as State Purchase Organisation for the procurement of any
particular class of goods or services keeping in view the
expertise developed or to be developed' Administrative
Departments/Procuring Entities may take decisions for
procurement of such goods and services as per requirement
from State Purchase Organisation'
Government e-MarketPlace (GeM)
Governrnent of lndia has established the Government e-
Marketplace (GeM) for common use goods and servlces'
GeM Special Purpose Vehicle (SPV) shall ensure adequate
publicity including periodic advertisement of the items to be
procured through GeM from the prospective suppliers. All the
Administrative Departments of the State Government can
procure Goods/Services available on the GeM portal as per
their requirement. The credentials of suppliers on GeM shall
be certified by GeM Special Purpose Vehicle (SPV). The
procuring entities will certify the reasonability of rates. The
GeM portal shall be utilized by the procuring entities for direct
on-line purchases as under:-
Direct Purchase mode- Up to Rs. 50,000/- (Rupees
Fifty Thousand only) through any of the available
suppliers on the GeM, meeting the requisite quality,
specification and delivery period.
L1 mode- Above Rs.50,000/- (Rupees Fifty Thousand
only) and up to Rs.10,00,000/- (Rupees ten Lakh only)
through the GeM Seller having lowest price amongst
the available sellers {excluding automobiles where
current limit of Rs. 30,00,000f (Rupees Thirty Lakh
only) or such amount as prescribed by Finance
Department), of at least three different manufacturers,
on GeM, meeting the requisite quality, specification and
delivery period. The tools for online bidding and online
 reverse auction available on GeM may be used
by the
buyers even for procurements less than Rs 10,00,000/-
.(Rupees ten Lakh)
Bid/Reverse Auction-Above Rsl 0p0p00[-Gupees
ten Lakh) through the supplier having lowest price
meeting the requisite quality, specification and delivery
period after mandatorily obtaining bids,
using online
bidding provided on GeM. procuring entities may
aOopt
reverse auction tool as per requirement provideo
on
GeM.
The invitation for the ontineG_OiOOln@reverse auction
will be available to all the existing Sellers or other
Sellers registered on the portal and who have offered
their goods/services under the particular
product/service category, as per terms and conditions
of GeM.
The above-mentioned monetary cerlng (as amended
from time to time) is applicable only for purchases
made through GeM. For purchases, if any, outside
GeM, relevant rules under Bihar Financial Rules (as
amended from time to time) shall apply.
vi. The Procuring Entity may
reasonableness of prices before placement of oroer
using various tools available on GeM including the last
purchase price on GeM, procuring Entity,s own Last
Purchase Price etc.
A demand for goods shall not Oe OiviOeO into srnatt
quantities to make piecemeal purchases to avoid
procurement through Ll Buying / bidding / reverse
auction on GeM or the necessity of obtaining the
sanction of higher authorities required with reference to
the estimated value of the total demand.
Procuring entity may specify additional terms and
cond itions when procuring through GeM and shall be
applicable on the said procurement.
In exceptional circumstances such as State visit of verv
rmportant persons or at the time of natural calamities
such as flood, earthquake etc. when it is essential to
 procure the Soods/services immediately, the purchase
can be made outside the GeM Portal after getting the
sanction of the competent authority i.e' the Additional
chief Secretary/Principal Secretary/Secretary at the
State level and the District Magistrate at the District
level, as the case may be, with reasons to be recorded
in writing.
Code of IntegritY in Procurement-
ttlt'lo otficer or employee of a Procuring Entity or a person
participating in a procurement process shall act in
contravention of the code of integrity as prescribed
hereunder.
(2) In case of anY breach of the code of integrity bY a bidder
or prospective bidder, as the case may be, the Procuring
Entity maY take appropriate measures as prescribed in
these rules.
1e) No official of a Procuring entity
or a bidder shall act
contravention of the code of integrity which includes:
(a) Prohibiting;
(i). any offer, solicitation or acceptance of any bribe,
reward or gift or any material benefit, either directly
or indirectly, in exchange for an unfair advantage in
the procurement process or to otherwise influence
the procurement Process;
(ii). any omission, including a misrepresentation that
may mislead or attempt to mislead so as to obtain a
financial or other benefit or avoid an obligation;
(iii). any collusion, bid rigging or anti-competitive
behaviour to impair the transparency, fairness and
progress of the procurement process;
(iv). improper use of information shared between the
Procuring Entity and the bidder with an intent to gain
unfair advantage in the procurement process or for
personal gain;
(v). any financial or business transactions between the
bidder and any official of the procuring entity related
to tender or execution process of contract; which can
 affect the decision ot tne procuring-ntity direcfly or
indirectly;
(vi). any coercion including impairing or harmrng
or
threatening to do the same, direcfly or indirecily to
any party or to its property, to influence the
procurement process;
(vii). any obstruction of any investigation or audit
of a
procurement process;
(viii). making any false declaration or providing false
information for participation in a tender process or to
secure a contract;
(01 disclosure of conflict of interest;
(c) disclosure by the bidder of any previous transgressrons
made in respect of the provisions of sub_rule (3)(a)
above with any entity in India or any other country
during the last three years or of any debarment by any
other Procuring Entity.
(4) The procuring entity, after giving a reasonaOte opportunity
of being heard, comes to the conclusion that a bidder or
prospective bidder, as the case may be, has contravened
thggode of integrity, may take appropriate measures.
Approvals and Sanctions Applicable to all
Procurements
(1)Procuring Entity shall ensure that eiiher the reouisite
budget provision is available or in principle approval from
the Finance Department regarding availability of fund.
(2) In case of works contract, procuring entity will follow the
procedure as prescribed in Bihar Financial Rules, Chapter
9, Rule 199 to 210 related to works of these rures.
(3) The procuring entity shall also ensure budget availability
before placing the supply/work order to the bidder.
Registration of Bidders
(1) With a view to establishing reliable sources for
procurement of goods and services commonly required for
Government use which are not available on GeM, the
State Purchase Organisation/ Administrative
Departments/Head of DepartmenVother procurino Entities
may register and maintain item-wise lists of eligible
 srppliers-ReS,stration of the supplier should be done
following a fair, transparent and reasonable procedure
and after giving due publicity. Such approved suppliers will
be known as "Registered Suppliers". All Procuring Entities
may utilize these lists as and when necessary' Such
registered suppliers are prima facie eligible for
consideration for procurement of goods through Limited
Tender Enquiry.
p)C'edentials, manufacturing capability, quality control
systems, past performance, after-sales service, financial
background etc. of the bidder(s) should be carefully
verified before registration.
t:l fne OiOOe(s) will be registered for a fixed period (between
1 to 3 years) depending on the nature of the goods or
services. At the end of this period' the registered bidder
(s) willing to continue with registration are to apply afresh
for renewal of registration. New bidde(s) may also be
considered for registration at any time, provided they fulfil
all the required conditions as prescribed in the guidelines
made hereunder.
(4) Performance and conduct of every registered bidder is to
be watched by the concerned State Purchase
Organization/Administrative DepartmenVHead of the
DepartmenVother Procuring Entities (as the case may be)'
The registered bidde(s) are liable to be removed from the
list of approved bidders if they fail to abide by the terms
and conditions of the registration or fail to supply the
goods or services on time or supply substandard goods or
services or make any false declaration to any Government
agency or for any ground which, in the opinion of the
Government, is not in public interest.
6) EnGtntent of Indian Agents: As per the Compulsory
Enlistment Scheme of the Department of Expenditure,
Ministry of Finance, Government of India, it is compulsory
for Indian agents, who desire to quote directly on behalf of
their foreign principals, to get themselves enlisted with the
State Purchase Organisation or with an Administrative
Deoartment or with other Procuring Entities, if they so
 require. Such enlisted Indian agents may quoG
Oirectty on
behalf of their foreign
Standard Bidding Documents
(1)The State Cov
Bidding Documents for different methods of procurement
and/or different types of contracts as provided under
these
rutes or guidelines made thereunder.
(2) In case of comprex an@
the Procuring Entity may not have required knowhow
to
formulate the provisions of bid documents; in
sucn cases
the Procuring Entity may consider inviting a pre_Notice
Bid
Conference for deliberailon with prospective bidders.
(3)The Standard Biddingbocument may generally
contain
the following sections depending on the nature of subiect
matter of procurement; -
a. Section I - Notice Inviting Bids (NlB)
b. Section ll - Instruction to Bidders and Bid Data Sheet
c. Section lll - Schedule of Requirements containing the
specifications, drawing and supplementary information
that describe the subject matter of procurement.
d. Section lV - Qualification and Evaluation Criteria (As
applicable)
Section V - Bidding Forms
Section Vl - General Conditions of Contract (GCC)
Section Vll - Special Conditions of Contract (SCC)
Section Vlll -Price Schedule (to be utilized by the
bidders for quoting their prices).
Section lX - Contract Forms and other forms if anv
(4) The nodal department of the wort<s Oepa*nrent rnay issue
Standard Bidding Document (SBD), Model Bidding
Document (MBD), Construction-cum-Maintenance
Bidding Document (CMBD) etc. The nodal department
may issue directions and circulars for determining the
eligibility and qualification criteria in regard with technical
bid evaluation.
Purchase Preference in procurernent
State Government may notity pu@
related provisions for Procurement of Goods & Services from
ffi located within the State of Bihar'
Provisions of such Purchase Preference Policy shall have
overriding effect on all existing and notified provisions by the
State Government in this regard.
Note-The State Government has notified Bihar Purchase
Preference Policy, 2024 on the grounds of promotion of
locally manufactured goods or locally provided services' A
Procuring Entity has to provide the benefit to the eligible
Local supplier as prescribed under t!ptg!'"V'
Bid Security
@a bidder's withdrawing oraltering its
bid during the bid validity period in the case of advertised
or limited tender enquiry, Bid Security (also known as
Earnest Money) is to be obtained from the bidders, except
from those bidders who are exempted from submission of
bid security under Bihar Purchase Preference Policy'
2024 as amended from time to time.
ta ffre UiOOers should be asked to furnish bid security along
with their bids. Amount of bid security should ordinarily
range between two percent (2%) to five percent (5%) of
the estimated value of the goods or services to be
orocured. The exact amount of bid security should be
determined accordingly by the Procuring Entity and
indicated in the bidding documents.
tal ffre OiO securrty may generally be taken in the form of
deposit through Government Portal or unequivocal and
unconditional Bank Guarantee, preferably in the electronic
form or in specified format. The bid security may also be
accepted in the form of Account Payee Demand Draft'
Banker's Cheque from any of the Commercial banks,
safeguarding the purchaser's interest in all respects' The
bid security shall remain valid for a period of forty-five (45)
days or as specified in the Notice Inviting Bids, beyond the
original or extended validity period of the bid
(4) Brd securfty nstrument shall necessarily accompany the
sealed bid in case of manual bidding. However, in case of
electronic bidding the bid security shall be furnished along

1I
 with submission of bid as specified in tfre Notice Inviting
Bids.
(s)The bid security taken fromffi
the following cases, namely,
a. When the bidder withdraws or modifies its bid after
opening of bids;
b. When the bidder does not execute the agreement, if
any, after placement of supply/work order within the
specified period;
c. When the bidder does not deposit the performance
security within specified period after the supply/work
order is placed; ano
d. lf the bidder breaches any provision of code of
integrity prescribed for bidders specified in Rule
130A.
(6) Bid securities of the unsuccffi
returned to them at the earliest after expiry of the final bid
validity and latest on or before the 30th day after the award
of the contract.
ptggl4lgEltity's Right to vary euantity
(1)orders for additional quantities m@
in the bidding documents (mandatorily included), on the
rates and conditions given in the contract. Delivery or
completion period may also be proportionately increased,
subject to condition that such additional quantities shall
not be entertained afterthe completion of the contract. The
limits of orders for additional quantities shall not exceed
20% of the value of the contract in case of goods, works
and non-consulting services by the procuring Entity.
(2) The limits of order for additional quantities for
consuttarnv
services may be extended up to 20% with the approvai
from Administrative Department.
(3) Any further revision of limits of order for additional
quantities of more than 20% shall be approved by the
Finance Department.

1,2
131 E Dividing orders into small quantities .
A demand for Soods should not be divided into small
quantities to make piecemeal purchases to avoid the
necessity of obtaining the sanction of higher authority
reouired with reference to the estimated value of the total
demand.
131 F
1t; ATrocur[rS Entity
writing, cancel the process of procurement initiated by it'
at any time prior to the issuance of supply/work order. .
tznfre Oecrson of the Procuring Entity to cancel the
procurement and reasons for such decision shall be
immediately communicated to all those bidders who
participated in the procurement process'
ts) [ any procurement process has been cancelled, it shall
not be reopened but it shall not prevent the procuring
entity from initiating a new procurement process for the
same subject matter of procurement, if required'
131 G Purchase of goods without quotation
Purchase of goods up to the value of Rs. 50,000 (Rupees
Fifty Thousand only) on each occasion may be made without
inviting quotations or bids on the basis of a certificate to be
recorded by the competent authority in the following format'
'1,..........., am personally satisfied that these
goods
purchased are of the requisite quality and specification and
have been purchased from a reliable supplier at a reasonable
orice."
131 H Purchase ofgoods,ly l"t"h"t" C"ffi
ln case a certain item is not available on the GeM portal'
purchase of goods of value above Rs- 50,000 (Rupees fifty
thousand only) and up to Rs.5,00,000 (Rupees Five lakh
only) on each occasion may be made on the
recommendations of a duly constituted 'Local Purchase
Committee' consisting of three members of an appropriate
level as decided by the competent authority and as
prescribed in 'Delegation of Financial Power'.
The committee will survey the market to ascertain the
reasonableness of rate, quality and specifications and
1.J
 identify the appropriate supplier. Before recommending
placement of the purchase order, the members of the
committee will jointly record a certificate as under.
"Certified that we,..... .. members of the
purchase committee are jointly and individually satisfied that
the goods recommended for purchase are of the requisite
specification and quality, priced at the prevailing market rate
and the supplier recommended is reliable and competent to
supply the goods in question, and it is not debarred by Nodal
Department or Department concerned."
131 | Purchase of goods directly under rate contract.
(1)Procuring entity may procure rate contracted goods
through State Purchase Organisation from suppliers- The
Procuring Entities may enter rate contract for designated
goods and services from suppliers.
(2) The prices to be paid for such goods shall not exceed
those stipulated in the rate contract and other salient terms
and conditions of the purchase should be in line with those
specified in the rate contract. The Administrative
DepartmenVProcuring entity shall make its own
arrangement for inspection and testing of such goods
where reouired.
(3) The State Purchase Organisation (as notified by state
Government from time to time) should host the
specifications, prices and other salient details of different
rate contracted items, appropriately updated, on the
website for use by the Procuring entity.
131 J Purchase of goods by obtaining bids
Except in cases covered under Rule 131G, 131H and 1311,
Procuring entity shall procure goods under the powers
referred to in Rule 128 and works under the powers referred
to in Rule 208-209 of Section-l of Chaoter 9 under Bihar
Financial Rules (as amended from time to time) by following
the standard method of obtaining bids in:
(i) Advertised Tender Enquiry; or
(ii) Limited Tender Enquiry; or
(iii)Single Tender Enquiry/Nomination; or
(iv) Electronic Reverse Auctions; or

1,4
 (") Any-ther metftod of procurement notified by the State
Government satisfying the principles of procurement
contained in these rules which the State Government
considers necessary in public interest.
131 K E-Publishing
ir tender
enquiries, corrigenda thereon and details of bid awards on
the State portal as notified from time to time'
(2) The above instructions apply to all lender tnqulrles' l

Requests for Proposals, Requests for Expressions of I

lnterest, notice for pre-qualification/ registration or any I

other notice inviting bids or proposals in any form whether I

they are advertised, issued to limited number of parties or I

toasingleparty. < I

1s1 tfrese instructionswould not apply to procurements made I

in terms of provisions of Rule'l 31G and Rule 131H of I

these rules.
131 L

131G and 13'1 H) through State's e-procurement portal or I

GeM (as the case may be) in respect of all procurements as

far as oracticable.
131 M
trlSuOject to exceptions incorporated under Rules 131G,
131H, 131N and 131R, invitation to tenders by
advertisement should be used for procurement of goods
of estimated value of Rs. 50 (Fifty) lakh and above.
Advertisement in such cases should be given on GeM or
State's e-Procurement Portal (as applicable). In case of
orocurement outside GeM, advertisement in such case
should be published in at least two daily newspapers
having wide circulation through Information and Public
Relation Department (IPRD), Bihar.
Note-Publication of NIT (Notice Inviting Tender) for
procurement up to Rs. 5 crore should be given in State daily
newspaper and in case of procurement above Rs. 5 crore
publication should also be given at least in one national daily
newspaper.

1)
 (2) An organisation hanino its own website should also
publish all its advertised tender enquiries
on the website.
It should also publish the said website address bv
advertisement In at least one daily newspaper.
(3) The organisation
oocument on its website and permit prospective
bidders to
make use of the document downloaded from the
website.
lf such a downloaded bidding document ls priced,
there
should be clear instructions for the bidder to pay
the
amount by demand draft etc. along with the bid.
In order to promote wider participation and ease of
bidding, the Administrative Departments/procuring
Entities may decide not to charge for the
tender
documents downloaded by the bidders.
(4) Global Tender f nq
feels that the goods of the required quality, specifications
elc., may not be available in the country and it is
necessary to also look for suitable competitive offers
from
abroad, the Procuring Entity may send copies of
the
tender notice to the Indian Embassies abroad as
well as
to the foreign Embassies in India. The selection of the
embassies will depend on the possibility of availability
of
the required goods in such countries. In such cases e_
procurement may be relaxed.
No GTE, however, shall be invited for tenders up to INR
100 Crore or such limit as may be prescribed by the
Finance Department.
Provided that for tenders below such limit, in exceptional
cases where the procuring Entity feels that tnere are
special reasons for GTE, it may record its detailed
justification and seek prior approval for relaxation
to the
above rule from the competent authority notified by the
Finance Department.
Note-Global Tenders means the tenders that are floated
globally due to less competition in own country, or there
is
a particular requirement of the tender (any material,
etc.) which are not available in our country. The basic
difference assumed between an open tender and a global

16
 tender enqutry is essentially the range of its applicability,
while a global tender gets the worldwide publicity; an open
tender is limited only within a country.
(5) Ord'"Atily]h" time to be allowed for submission
"*imum
of bids should be three weeks from the date of publication
of the tender notice or availability of the bidding document
for sale, whichever is later' Where the Procuring Entity
also contemplates obtaining bids from abroad, the
minimum period should be kept as four weeks for both
domestic and foreign bidders.
Limited Tender Enquiry
@dopted when estimated value of the
goods to be procured is up to Rs. 50 (Fifty) Lakh or such
limit as notified by Finance Department from time to time'
Copies of the bidding document should be sent directly by
speed posVregistered post/courier/ email to firms which
are borne on the list of registered suppliers for the goods
in question as referred under Rule 131 above. The number
of supplier firms in Limited Tender Enquiry should be more
than three.
Efforts should be made to identify a higher number of
approved suppliers to obtain more responsive bids on
comoetitive basis.
Further, a Procuring Entity should publish its limited tender
enouiries on e-Procurement Platform or any other platform
(as applicable) or on the Departmental website.
(2) Purchase through Limited Tender Enquiry may
adooted even where the estimated value of
procurement is more than Rs. 50 (Fifty) Lakh, in
following circumstances: -
a. The competent authority in the Administrative
DepartmenUProcuring Entity certifies that the
demand is urgent, and any additional expenditure
involved by not procuring through advertised tender
enquiry is justified in view of urgency. The Procuring
Entity should also put on record the nature of the
urgency and reasons why the procurement could not

17
 be anticipateo wh@
concerned Administrative Department.
b. There are sufficient reasons, to be
recorded in
writing by the competent authority, indicating
that it
will not be in public interest to procure the-gooos
through advertised tender enquiry.
c. The sources of supply are definitely known
and
possibility of fresh source(s) beyond
those being
tapped is remote.
(3) Generally sufficient ilnreJtroutd
be ailowed foraubmission
of bids in cases of Limited Tender Enquiry
which will not
be less than 10 (ten) days. However,
the procuring Entity
may decide such time keeping in view
the urgency of
procurement.
Two bid system 6imultaneous receipt
of separate
technical and financiat bids)
(1) For purchasin
goodsi services of a complex and
technical nature, bids
should be obtained in two parts as under;
a. Technical bid consisting of all technical details
along
with commercial terms and conditions;
and
o. Financial bid indicating item_wise price for
the items
mentioned in the technical bid.
(2) The technical bid and the financial
bid should be sealed
by the bidder in separate covers duly super_scribed
and
both these sealed covers are to be put in
a brgger cover
which should also be sealed and duly super_scribed.
The
technical bids are to be opened by the procuring
Entities
at the first instance in the presence of bidders
after
intimating them the date and time of opening
the technical
bid and evaluated by a competent committee
or authority.
(3) At the second stage financial
bids of only these technicallv
acceptable offers should be opened after intimating
them
the date and time of opening the financial
bid for further
evaluation and ranking before awarding the
contract.
131 P Single Bid
11 ln general, a minimum of two bids shall be required for
opening of bids. Single bid may be considered as 'no bid'
in the first instance.
(2) In the following cases, a bid is considered to be a single
bid: -
a. Only one bid received by the Procuring Entity during
first time tender, or
b. No bid has been received by the Procuring Entity, or
c. Two or more bids are received by the Procuring
Entity but after evaluating the technical bids
received by the procuring entity only one bidder
qualifies, means only one bidder's financial bid
remains for the evaluation.
(3) All the above three situations are the case of single bid/no
bid at first instance. The procuring entity shall cancel the
bid and re-invite the tender immediately. The time for
submission of bid should not be less than '10 (ten) days.
(4) Even after re-inviting tender, only one bid is received or
only one bid remains for evaluation of financial bid after
technical evaluation, then the procuring authority in this
matter shall take further action with due approval of
Competent Authority as prescribed in Appendix 16.
(s) Similar amendment shall be required to be made by
concerned administrative department in the Bihar Public
Works Code.
'131 Q Late Bids
ln the case of advertised !en@
enquiry /any other tendering process, late bids (i.e. bids
received after the specified date and time for receipt of bids)
should not be considered.
131 R tlql" t" noeiE
"
tt,.y/s"'ffi
Procurement from a single source may be resorted in the
interest of the State with due approval from competent
authority (as prescribed in Appendix 16) in the following
exceotional circumstances: -
(r) lt is in the knowledge of the concerned Administrative
DepartmenVProcuring Entity that only a particular firm is

19
 the manufacturer o
procuring from a particular firm is to be recorded
and
approval of competent authority is obtained.
(ii) For standardization of machinery
or spare parts (including
hardware and software), to be compatible
to the existing
sets of equipment (on the advice of a competent
technical
expert and approved by the competent authority),
the
required item is to be purchased only from
a setected firm.
liii; In a
case of emergency, the required goods are
necessarily to be purchased from a particular
source and
the reason for such decision is to be recorded
and
approval of the competent authority should
be obtained.
Note: Proprietary Article Certificate in the following
form is to
be provided by the procuring Entity before procunng
the
goods from a single source under the provision
of Sub_Rule
(i) and (ii) above as applicable.
(i) The indented goods are manufactured oy
M/s..........
(ii) No other make or model is acceptable
for the followino
reasons
(iii) Concurrence of Internal Financial
Advisor/Finance Department to the proposal vide:

(iv) Approval of the competent authority vide: ......

(Signature with date and designailon of the

indenting officer)

(1
\ , ,/) ,_rev.r vrr(,
Electronic
Reverseluction-nreans
neverse Auc on means an online real_time
purchasing technique utilized by the procuring
entity to
select the successful bid, whlch involves presentation
by
bidders of successively more favourable bids
during a
scheduled period of time and automatic evaluation
of bids.
(2) A procuring entity may choose to procure
a subject matter
of procurement by the electronic reverse auctton
method,
tf,
a. lt is feasible for the procuring entity to formulate
a
detailed description of the subject matter of the
procurement.
 There is a competitive market of bidders anticipated to
be qualified to participate in the electronic reverse
auction, so that effective competition is ensured.
The criteria to be used by the procuring entity in
determining the successful bid are quantifiable and
can be expressed in monetary terms. and
f1 selection of successful bidder is to be done by Least
Cost Selection Method.
(3) The procedure for electronic reverse auction shall include
the following, namelY
The procuring entity shall solicit bids through an
invitation to the electronic reverse auction to be
published or communicated in accordance with the
provisions similar to e-procurement'
b. The invitation shall, in addition to the information as
specified in e-procurement, include details relating to
access to and registration for the auction, opening and
closing of the auction and norms for conduct of the
auction; and
c, Any other guidelines and procedures notified
hereunder by the Finance Department from time to
time.
1317 Maintenance Contract

be purchased, it may also be necessary to enter into

maintenance contract(s) of suitable period either with the
supplier of the goods/services or with any other competent
firm, not necessarily thesupplier of the subject
goods/services. Such maintenance contracts are especially
needed for sophisticated and costly equipment ancl
machinery or technically complex services contract. lt may'
however, be kept in mind that the goods or services are
maintained free of charge by the supplier during its warranty
period or such other extended periods as the contract terms
may provide and the paid maintenance should commence
only thereafter. _

21
 The Procuring Entity shall ensure that maintenance
contract
shall be processed before the end of warranty period
of the
goods or seryices.
Performance SecrJn'ty
(1)To ensure due pe
Security is to be obtained from the successful
bidder
awarded the contract. performance security
shall be
solicited from all successful bidders except
irom those
bidders who are exempted from submission
of bio security
under The Bihar purchase preference policy,
2024 (as
amended from time to time).
(2) Performance Sec
(5%) to ten percent (10%) of the value
of the contract as
specified in the bid documents.
tn respect of procurement of Consultancy Services,
performance security should be for an
of 3_5% of
the contract value. "rorni

Notwithstanding anything contained in this

sub_rule,
where the State Government being of the
opinion that
there exist grave situations such as natural
calamity or
Pandemic or Epidemic dtseases or floods etc.
in which the
State's economy is adversely affected, the State
Government may, direct the procurement enfity
to reduce
the performance security taken in auru of existinq
contracts ofongoing projects, from such date
and on ru"[
c!!q!o,ns as may be specified in the order.
1s; Performance security shall be furnished, in
any one of tfre
following acceptable forms safeguarding the purchaser's
interest in all respects.
a. Online payment through government oortal:
b. Bank Guarantee/s of a Commercial banks,
preferably electronic Bank Guarantee.
lt shall be
verified from the issuing bank;
c. Account Payee Demand Draft, Fixed Deposit
Receipt from a Commercial bank; and
 Other conditions regarding bank guarantee/ e-Bank
Guarantee shall be same as mentioned in the rules
for Bid SecuritY.
@rnished shall remain valid for a
period of sixty (60) days (or as specified in the bidding
document) beyond the date of completion of all
contractual obligations of the bidder, including warranty
obligations and maintenance and defect liability period'
(O Bdecunty should be refunded to the successful bidder
on receipt of Performance Security'
Advance & Part Payment to Suppliers
@ supplier: ordinarily, payments for
services rendered or supplies made should be released
only after the services have been rendered or supplies
made. However, it may become necessary to make
advance payments in the following types of cases: -
(i) Advance payment demanded by firms holding
maintenance contracts for servicing of air- conditioners,
computers, other costly equipment' etc'
(ii)Advance payment demanded by firms against
fabrication contracts, turn-key contracts etc'
(iii) Such advance payments should not exceed the
following limits:-
a. Thirty percent (30%) of the contract value to private
firms;
b. Forty percent (40%) of the contract value to a State
or Government of lndia agency or a Public Sector
Enterprises; or
c. ln case of maintenance contract, the amount
should not exceed the amount payable for six
months under the contract.
(iv) Administrative Department may relax, in consultation
with the Finance Department, the ceilings (including
percentage laid down for advance payment for private
firms) mentioned above. While making any advance
payment as above, adequate safeguards in the form of
bank guarantee/e-bank guarantee etc. should be
obtained from the firm.

23
 (2)[Link] payment t
delivery incorporated in a contract, part payment
to the
supplier may be released after it dispatches
the gooos
t.. premises in terms of the contract_
't"
Transparency, competition, fairness anOEimination
arbitrariness in the procurement process
All government p
,nd fajr manner, to secure best vatue for
::lL:lj,iy:
This will also enable the prospective bidders
money.
t" f_rn"f"i"
send their competitive bids with confidence.
Some of ""'J
the
measures for ensuring the above are
as follows: _
1i; The ,"l<t ot,n"
(RFP) should be self-contained and
comprehensive
without any ambiguities with full description
of subject
matter of procurement which meets the
needs of
Procuring Entity. lt shall be objective,
functional, generic
and measurable. lt set out the relevant
technicat, quality
and performance characteristics. AII essential
information,
which a bidder needs for sending responsive
bio, should
be clearly spelt out in the bidding document
in simole
tanguage. The condition of prior turnover
and prior
experience may be relaxed, as notified
under Bihar
Purchase Preference policy, 2024, subject
to meeting of
quality & technicar specifications
and making suitabre
provisions in the bidding document.
The bidding document
should contain, inter alia;
a. Description and Specifications of goods/services
including the nature, quantity, time and ptace
or places
of deliverv.
b. The criteria for eligibility and qualifications
to be met by
the bidders such as minimum level of
experience, past
performance, technical capability,
manufacturing
facilities and financial position etc. or limitation
for
participation of the bidders, if anv.
c. Eligibility criteria for goods/services
indicating any tegal
restrictions or conditions about the origin
of goods etc.
which may require to be met by the successiut
OiOOer.

24
 dJfie orocedure as well as date, time and place for
sending the bids.
e. Date, time and place of opening of the bids'
f. Criteria for evaluation of bids
g. Special terms affecting performance, if any.
h. Essential terms of the procurement contract and terms
of delivery.
i. Bidding Documents should include a clause that "if a
firm quotes NIL charges / consideration, the bid shall be
treated as unresponsive and will not be considered".
(ii)
considers necessary for the bidders to submit their bids'
(iii) Modifbatron td OiOOing Oocument
a. In case any modification is made to the bidding
document, or any clarification is issued which materially
affects the terms contained in the bidding document,
the procuring entity shall publish or communicate such
modification or clarification in the same manner as the
publication or communication of the initial bidding
document was made.
b. ln case a clarification or modification is issued to the
bidding document, the procuring entity shall, before the
last date for submission of bids, extend such time limit'
if, in its opinion more time is required by bidders to take
into account the clarification or modification, as the
case may be, while submitting their bids.
c. Any bidder who has submitted his bid in response to
the original invitation shall have the opportunity to
modify or resubmit it, as the case may be, or withdraw
such bid in case the modification to bidding document
materially affect the essential terms of the procurement,
within the period initially allotted or such extended time
as may be allowed for submission of bids, after the
modifications are made to the bidding document by the
procuring entity:

Provided that the bid last submitted, or the bid as modified by

the bidder shall be considered for evaluation.
25
 (iv) Suitable provision
to enable a bidder to question the bidding
conditions,
bidding process and/ or rejection of its
bid. The reasons
for rejecting a tender or non_issuing a
tender document to
a prospective bidder must be disclosed where
enquiries
are made by the bidder.
(v) Suitable provision-for setttement of disputes,
if any,
emanating from the resultant contract. should
be kept in
the bidding document.
(vi)The bidding documEntlhouto-inorcatfirearry
tha the
resultant contract will be interpreted under
Indian Laws
(including specific State Lawsl.
(vii) The bidders shourd oe@
and send their bids.
(viii)The bids should be ooened in public
and authoriseo
representatives of the bidders should be permitted
to
attend the bid opening.
(ix) The specifications or tn@
stated without any ambiguity so that the prospecilve
bidders can send meaningful bids. In order to attract
sufficient number of bidders, the specification should
be
broad based to the extent feasible. Efforts should also
be
made to use standard specifications which are widelv
Known to the industry.
(x)Pre-bid conference: ln c@
contract(s) of special nature for procurement of
sophisticated and cosfly equipment or wherever felt
necessary, a suitable provision is to be kept in the bidding
documents for one or more rounds of pre_bid conference
for clarifying issues and cleadng doubts, if any, about the
specifications and other allied technical detaits of the
plant, equipment and machinery etc. projected in the
bidding document. The date, time and place of pre_bid
conference should be indicated in the bidding document-
This date should be sufficienily ahead of bid opening date.
The records of such conference shall be intimated to all
 bidders and, shall also be exhibited on the website(s)
where tender was oublished.
(xi)Criteria for determining responsiveness are to be taken
into account for evaluating the bids such as:
a. time of delivery.
u Performa nce/efficiency/envi ronmental characteristics.
c. the terms of payment and of guarantees in respect of
the subject matter of procurement
o. price.
e cost of operating, maintaining, and repairing etc.
(xii) Bids received should be evaluated in terms of the
conditions already incorporated in the bidding documents;
No new condition which was not incoroorated in the
bidding documents should be brought in for evaluation of
the bids. Determination of a bid's responsiveness should
be based on the contents of the bid itself without recourse
to extrinsic evidence.
(xiii) Bidders should not be permitted to alter or modify their
bids after expiry of the deadline for receipt of bids.
(xiv) Negotiation with bidders after bid opening must be
severely discouraged. However, in
exceptional
circumstances where price negotiation against an ad-hoc
procurement is necessary due to some unavoidable
circumstances, the same may be resorted to only with the
lowest evaluated responsive bidder.
(xv) In the rate contract system, where a number of firms are
brought on rate contract for the same item, negotiation as
well as counter offering of rates are permitted with the
bidders in view and for this purpose special permission
should be given to the State Purchase Organisation.
(xvi)Contract should ordinarily be awarded to the lowest
evaluated bidder whose bid has been found to be
responsive and who is eligible and qualified to perform the
contract satisfactorily as per the terms and conditions
incorporated in the corresponding bidding document.
However, where the lowest acceptable bidder against ad-
hoc requirement is not in a position to supply the full
27
 quantity required, the remaining quantity, as far as
possible, be ordered to the next higher responsive bidder
at the rates offered by the lowest responsive bidoer.
(xvii)The name of the successful bidder awarded the contract
should be mentioned in the Administrailve Department,si
Procuring entities website and their notice board or
bulletin.
(xviii) Rejection of all Bids is justified when _
a. effective competition is lacking (less than two valid
offer/ bid is not available for opening of tender)
o all Bids and proposals are not substantially
responsive to the requirements of the procurement
Documents.
c. the Bids'/Proposals' prices are substantially higher
or lower than the updated cost estimate or available
budget; or
d. none of the technical proposals meets the minrmum
technical qualifying score.
(xix)Lack of competition in s@
determined solely based on the number of Bidders. Even
when only one Bid is submitted, the process may be
considered valid, provided following conditions are
satisfied:
a. the procurement was satisfactorily advertised, and
sufficient time was given for submission of bids.
b. the qualification criteria were not unduly restrictive;
and
c. prices are reasonable in comparison to market
vatues.

(xx) When a limited or open tender resrlts in -nlv one

_ effective offer, it shall be treated as a single tenOer giO.
Efficiency, economy anA@
Procurement System
Public procurement proceOure snoutO ensur€-ffiitenc)4
economy and accountability in the system. To achieve
the
same, the following key areas should be addressed: _

z6
 (i) To reduce delay, appropriate time frame for each stage of
procurement should be prescribed by the Procuring Entity.
(ii) To minimise the time needed for decision makino and
placement of contract, every Administrative
DepartmenVother Procuring Entity, with the approval of
the competent authority, may delegate, wnerever
necessary, appropriate purchasing powers to the lower
functionaries.
(iii)The Procuring Entity should ensure placement of contract
within the original validity of the bids. Extension of bid
validlty must be discouraged and resorted to only in
exceptional circumstances.
(iv)The designated State Purchase Organisation(s) should
bring into the rate contract system more and more
common user items which are frequently needed in bulk
by varlous Government departments. The State Purchase
Organisation should also ensure that the rate contracts
remain available without anv break.
131 Y Buy-Back Offer
When it is decided with the approval of the competent
authority to replace an existing old item(s) with a new and
better version, the Procuring Entity may trade the existing old
item while purchasing the new one. For this purpose, a
suitable clause is to be incorporated in the bidding document
so that the prospective and interested bidders formulate their
bids accordingly. Depending on the value and condition of the
old item to be traded, the time as well as the mode of handing
over the old item to the successful bidder should be decided
and relevant details in this regard suitably incorporated in the
bidding document. Further, suitable provision should also be
kept in the bidding document to enable the purchaser either
to trade or not to trade the item while purchasing the new one.

Procurement of Services A.- Consultancy Services

1312 Definition of Consultancy Services
"Consulting Service means any subject matter of
procurement (which as distinguished from'Non- Consultancy
Services' involves primarily non-physical project-specific,

29
 intellectual and procedural processes where outcomesi
I
deliverables would vary from one consultant to another),
] other than goods or works, except those incidental or
I

I consequential to the service, and includes professional,

I intellectual, training and advisory services or any other
service classified or declared as such by a procuring entity
]
I
but does not include direct engagement of a retired
I Government servant.
] Note: These Services typically involve providing exper or
I

I
strategic advice e.9., management consultants, policy
consultants, communications consultants, Advisory and
I lroject
related Consulting Services which include, feasibility
studies, project management, engineering services, finance,
i accounting and taxation services, training and development

1312A ;niringotCo@
Trre nominis@g Erdty may htre
iexternal professionals, consultancy firms or consultants
(referred to as consultant hereinafter) for a specific job, which
is well defined in terms of contract and time frame for its
completion.
1312B
This section contains
to all Departments and procuring Entities regarding
engagement of consultant(s). Detailed instructions in
consonance with the basic rules contained in this chapter, to
this effect may be issued by the concerned Departments with
the consent of Finance Department.
1312C ldentificatio@be performed by
consultants
Engagement
requiring high quality services for which the concernec
Procuring Entity does not have requisite expertise. Approval
of the competent authority should be obtained before
]

engaging consultant(s).
1312D Pr€paration
The Administrative DepartmenVprocuring sntity sfroutO
prepare the requirement, objectives and the scope of the

30
 assignment in simple and concise language. The eligibility
and prequalification criteria to be met by the consultants
should also be clearly identified at this stage.
1312E Estimating reasonable expenditure
Procuring Entity proposing to engage consultant(s) should
estimate reasonable expenditure for the same by
ascertaining the prevalent market conditions and consulting
other organisations engaged in similar activitles. However,
actual expenditure shall be discovered through the
procurement process outlined in this chapter.
1312F ldentification of likely sources
(1)Where the estimated cost of the consulting service is up
to Rs. 1 (one) Crore through empanelment of potential
consultants may be done on the basis of formal or informal
enquiries from other Procuring Entities or Organisations
involved in similar activities, Chambers of Commerce &
Industry, Association of consultancy firms etc.
(2) Where the estimated cost of the consulting services is
above Rs. 1(one) Crore, in addition to sub- rule ('l ) above,
an enquiry for seeking "Expression of Interest/Request for
Proposal (RFP)" from consultants should be published on
GeM/ e-Procurement Portal. An organisation having its
own website should also oublish all its advertised tender
enouiries on the website and the website address should
also be given in the advertisements, at least one
national/State daily newspaper as the requirement of
resoonsive bid.
(3) Enquiry for seeking Expression of Interest should include
in brief, the broad scope of work or service, inputs to be
provided by the Procuring Entity, eligibility and the pre-
qualification criteria to be met by the consultant(s) and
consultant's past experience in similar work or service.
The consultants may also be asked to send their
comments on the objectives and scope of the work or
service projected in the enquiry. Adequate time should be
allowed for getting responses from interested consultants.

31
1312G Empanelment of Consultancy services
At the level of Administrative Deoartment or State Purchase
organization or any procuring entity notified by the State
Government, specific nature of procurement services is done
frequently, empanelment of minimum four consultants may
be done for two years and extendable by one another year
only. Consultancy service up to Rupees '1 (one) crore may
be awarded to them.
1312H Preparation of Terms of Reference (TOR)
The TOR should include
(i) Precise statement of objectives;
(ii) Outline of the tasks to be carried out;
(iii) Schedule for completion of tasks;
(iv)The support or inputs to be provided by the Procuring
Entity to facilitate the consultancy; and
(v) The final outputs that will be required from the
Consultant.
13121 Preparation
RFP is the document to be used by the procuring Entity foi
]
I
obtaining offers from the consultants for the required service.
]
The RFP should be issued to the shorflisted consultants to
I
seek their technical and financial proposals. The RFp should
conta in :

(i) A letter of Invitation

(ii) Information to Consultants regarding the procedure for
submission of proposal.
(iii)Terms of Reference (TOR).
(iv)Eligibility and pre-qualification criteria in case the same
has not been ascertained through Enquiry for Expression
of lnterest.
(v) List of key position whose curriculum vitae (CV) and
experience would be evaluated.
(vi)Bid evaluation criteria and selection procedure.
I

(vii) Standard formats for technical and financial proposal.

I

(viii) Proposed contract terms. I

32
 (ix) Procedure proposed to be followed for midterm review of
the progress of the work and review of the final draft
reoon.
131Z,J Receipt and opening of proposals
Proposals should ordinarily be asked for from consultants in
'Two bid'system (as specified in Rule 131O) with technical
and financial bids sealed separately. The bidder should put
these two sealed envelopes in a bigger envelop duly sealed
and submit the same to the Procuring Entity by the specified
date and time at the specified place. On receipt, the technical
proposals should be opened first by the Procuring Entity at
the specified date, time and place.
1312K Late Bids
Late bids i.e. bids received after the specified date and time
of receiot should not be considered.
131Z,L Evaluation of Technical Bids
Technical bids should be analysed and evaluated by a
Consultancy Evaluation Committee (CEC) constituted by the
Procuring Entity. The CEC shall record in detail the reasons
for acceptance or rejection of the technical proposals
analysed and evaluated by it.
1312M Evaluation of Financial Bids of the technically qualified
The Procuring Entity shall open the financial bids of only
those bidders who have been declared technically qualified
by the Consultancy Evaluation Committee as per Rule 1312L
above for further analysis or evaluation and ranking and
selecting the successful bidder for placement of the
consultancy contract.
131 ZN Methods of Selection/ Evaluation of Consultancy
The basis of selection of the consultant shall follow any of the
methods given in Rule 1312O to 1312Q as appropriate for
the circumstances in each case.
1312O Quality and Gost Based Selection (aCBS)
(I)QCBS may be used for Procurement of consultancy
services, where quality of consultancy is of prime concern.

33
 til In QCBS initially the quality of technical proposals is
scored as per criteria announced in the RFP. Only
those responsive proposals that have achieved at least
minimum specified qualifying score in quality of
technical proposal shall be considered further.
1ti; After opening and scoring of the technical proposal, the
financial proposals of technically responsive qualified
bidders shall be opened, and final combined score shall
be arrived at by giving predefined relative weightages
for the score of quality of the technical proposal and the
score of financial proposal.
(iii)The RFP shall specify the minimum qualifying score for
the quality of technical proposal and also the relative
weightages to be given to the quality and cost
(determined for each case depending on the relative
importance of quality vis-a-vis cost aspects in the
assignment, e.g. 70:3O, 60:40, 50:50 etc.). The
proposal with the highest weighted combined score
(quality and cost) shall be selected.
(iv)The weightage of the technical parameters i.e. non-
financial parameters in no case should exceed 80
percenL
(2) Generally, QCBS for
non-consultancy services/works
shall not be adopted. However, adoption of QCBS mode
of Procurement for non-consultancy services/works in
special/exceptional cases, will require approval of Cabinet
with consent of Finance Deoartment.
1312P Least Cost System (LCS)
LCS is appropriate for assignments of a standard or routine
nature (such as audits and engineering design of non-
complex works) where well-established methodologies,
practices and standards exist. Unlike QCBS, there is no
weightage for technical score in the final evaluation and the
responsive technically qualified proposal with the lowest
evaluated cost shall be selected.

34
1312Q Consulta nomination
@/nomination, on the lines of
Single Tender mode of procurement of goods/services' is
coniidered appropriate only under exceptional circumstances
such as: -
(i) tasks that represent a natural continuation of previous
work carried out bY the firm'
(ii) in case of an emergency situation, situations arising after
natural disasters, iituations where timely completion of
the assignment is of utmost importance'
(iii) situationl where execution of the assignment may involve
use of proprietary techniques or only one consultant has
requisite exPertise. and
(iv)Under some special circumstances, it may become
necessary to selecta particular consultant where
adequate justification is available for such single-source
selection in the context of the overall interest of the
Procuring Entity. Full justiflcation for single source
selection- should be recorded in the file and approval of
the competent authority obtained before resorting to such
single-source selection.
(v) lt ;hall ensure fairness and equity and shall have a
procedure in place to ensure that the prices are
reasonable and consistent with market rates for tasks of a
similar nature and the required consultancy seryices are
not split into smaller sized procurement'
(vi)The Procuring Entity may follow this procedure for
engagement of consultant with the approval of the
comoetent Authoritv as specified !! Appendill-6,
1312R Monitoring the Contract -.-
ile procuring Entity should be involved throughout inforce
the
conduct of consultancy, preferably by taking a task
approach and continuously monitoring the performance of the
cbnsultant(s) so that the output of the consultancy is in line with
the Procuring EntitY's ob
es/ Outsourcing of Services

1312S Non-onsu ltins Services/ Outsourcing of Services

@ans any subject matterof procurement
(which as distinguished from 'Consultancy Services'), involve
physical, mealurable deliverables/ outcomes, where
p".fo''"n""standardscanbec|ear|yidentifiedandconsistently
applied, other than goods or works, except those incidental or
consequentialtotheservice, and includes maintenance, hiring
of vehicle, outsourcing of building facilities management,
security, photocopier service, janitor, office errand services'
drilling, aerial photography, satellite imagery, mapping etc'
 Procurement of Non-con-ultin g Services
Administrative Depart
certain non-consulting services in the interest of economy
and efficiency, and it may prescribe detailed instructions
and procedures in consonance with the basic rules
contained in this chapter, to this effect with the consent of
Finance Department.
ldentification of likely contractors
The Administrative Oe
prepare a list of llkely and potential contractors on
the basis
of formal or informal enquiries from other procuring Entities
and Organisations involved in similar activities.
Preparation of TenOer enquiry
Procuring Entity should prep@
inter alia:
(i) The details of the work or service to be performed by the
contractor;
(iD The facilities and the inputs which will be provided
to the
contractor by the procuring Entity;
liii;Eligibility and quatification criteria to be met by the
contractor for performing the required work/service; and
(iv)The statutory and contractual obligations to be complied
by the contractor.
lnvitation of Bids
(i) For estimated vatue
Rs. 50 (Fifty) lakh or less: -The procuring Entity should
scrutinize the preliminary list of likely contractors as
identified as per Rule 131 ZU above, decide the prima
facie eligible and capable contractors and issue limited
tender enquiry to them asking for their offers by a
specified date and time etc. as per standard practice. The
number of the contractors so identified for issuing limited
tender enquiry should be more than three.
(ii) For estimated value of the non-consurting service
above
Rs. 50 (Fifty) takh: -The procuring Entity should issue
advertisement in such case, and it should also be given
 on GeM/ e-Procurement Portal. An organisation having its
own website should also publish all its advertised tender
enouiries on the website. The published advertisement in
daily newspaper for invitation of tenders should give the
complete website address from where the bidding
documents can be downloaded.
1312X Late Bid
Late bids i.e. bids received after the specified date and time
of receipt, should not be considered.
1312Y Evaluation of Bids Received
The Procuring Entity should evaluate, segregate, rank the
resoonsive bids and select the successful bidder for
olacement of the contract. While evaluation the concerned
officer should take into account of relevant labour laws and
taxation rules orovisioned in the bid document. The state
government may issue notifications in this regard from time
to time.
13122 Procurement of non-consulting services by nomination
Should it become necessary, in an exceptional situation to
procure a non-consulting service from a specifically chosen
contractor, the Competent Authority in the Administrative
DepartmenV Procuring Entity may do so. In such cases the
detailed justification, the circumstances leading to such
procurement by choice and the special interest or purpose it
shall serve, shall form an integral part of the proposal.
Full justification for single source selection/ nomination
should be recorded in the file and approval of the Competent
authority (as prescribed in Appendix '16) shall be obtained
before resorting to such single-source selection.
131ZZA Monitoring the Contract
The Procuring entity should be involved throughout in the
conduct of the contract and continuously monitor the
performance of the contractor.
131ZZB Other
Any circumstances which are not covered in Rule 1312S to
13122 for procurement of non-consulting services, the
31
 procuring entity may refer Rule 124 to RuG-131y pertaininS
to procurement of goods and not to the procurement of
consulting services.
Interpretation:- In case
provision of
Engrish and the Hindi version of this Bihar Fina-nciar
(Amendment) Rures, 2024 the provisions of Engrish
version of this Bihar
Financial (Amendment) Rules, 2024 shall be applicable.

By order of the Governor of Bihar,

(Anand Kishor)
Principal Secretary
P atn a, Dated. ..Q.1.:.[ -. [Link]\
7,

Copy forwarded to:- Accountant General (A&E), Bihar, Virchand

Patel Path, Patna-800001 for information and necessary actron.

Memo : -M-4 -03I 2022. . .1..3. !.8..3_...m. patna, D

n,in"ip#sJr:Y
_;_-j_ la, e"JiV
Copy forwarded to: - "t*i..
Chief Secretary/Development
commissioner/ Alt Additional chief Secietary/principal
Secretary/secretary/All Head of Department/All Divisional
commissioner/All District Magistrate/Alr Treasury officer, Bihar for
information and necessary action.

Memo : -M-4 -03/ 202 t .. |.I.t.8.1.......m. patna, n*.i.. rii. ia'.ipiq

Copy forwarded to:- private secretary to Hon'ble Deputy Chief
(Finance) Minister, Bihar for information.

Principal Secreta
38
a

Memo:-M-4 -03 12021...1.1.!.8.9....../F. Patna, Dated....9.9.:.t 2 -.2019

Copy forwarded to:-e-Gazette Section, Finance Department,
Bihar, Patna for information and necessary action.

Principal Secretary.

39
 APPENDIX.l6
Delegation of Financial Power for the purpose of
Procurement of Goods and Services
SL Su bject BFR RuIe Gompetent Authority for
No. no, Procurement
1. Nomination basis for 131R 1 . By Administrative Department
purchase of with the consent of Internal
Goods/VVorks Financial Advisor -Up to 25 lakh

2. By Administrative Department in
concurrence with Finance
department above 25 lakh and
upto 1 crore
3. By cabinet in consultation with
Finance Department Above 1

2. Procurement of 1312Q 1 . By Administrative Department

Consultancy Service with the consent of lnternal
on Nomination basis Financial Advisor-Up to 25 lakhs

2. By Administrative Department in
concurrence with Finance
department above 25 lakh and
upto 1 crore
3. By cabinet in consultation with
Finance Department Above 1
crore
Procurement of non- 13122 i. Procuring entity with approval of
consulting services by Government Department -Up to
nomination Rs.50 Lakh.
ii. Procuring entity with approval of
Cabinet -Above Rs. 50 Lakh
4. Disposal of Single bid 13'tP After retender procuring Entity after
getting the approval of One Step
above authoritv.

40