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PROCUREMENT OF GOODS AND SERVICES

PROCUREMENT OF GOODS b) not indicate a requirement for a


particulartrade mark, trade name
Rule 142 This chapter contains the general rules orbrand.
applicable to all Ministries or (ii) the specificationsin terms of quality,
Departments, regarding procurement of type etc., as also quantity of goods to
goods required for use in the public be procured, should be clearly spelt
service. Detailed instructions relating to out keeping in view the specificneeds
procurementof goods may be issued by of the procuring organisations. The
the procuring departments broadly in specifications so worked out should
conformity with the general rules meet the basic needs of the
containedin this Chapter. organisation without including
Rule 143 Definition of Goods. The term 'goods' superfluous and non-essential
used in this chapter includes all articles, features, which may result in
material, commodity, livestock,furniture, unwarrantedexpenditure.
fixtures,raw material, spares,instruments, (iii) Where applicable, the technical
machinery, equipment, industrial plant, specifications shall, to the extent
vehicles, aircraft, ships, medicines, practicable, be based on the national
railway rolling stock, assemblies, sub- technical regulations or recognized
assemblies, accessories, a group of national standardsor building codes,
machineriescomprising of an integrated whereversuch standardsexist,and in
production processor suchother category their absence, be based on the
of goods or intangible products like relevant international standards. In
software, technology transfer, licenses, case of Government of India funded
patents or other intellectual properties projects abroad, the technical
purchased or otherwiseacquired for the specificationsmay be framed based
use of Government but excludes books, on requirementsand standardsof the
publications,periodicals,etc.for a library. host beneficiary Government, where
The term 'goods' also includesworks and suchstandardsexist.
services which are incidental or Providedthat a procuring entity may,
consequentialto the supplyof suchgoods, for reasonsto be recorded in writing,
such as, transportation, insurance, adopt any other technical
installation, commissioning,training and specification.
maintenance. (iv) Care should also be taken to avoid
Rule 144 Fundamental principles of public purchasing quantities in xcess of
buying (for all procurements including requirement to avoid inventory
procurement of works). Everyauthority carryingcosts.
delegated with the financial powers of (v) offers should be invited following a
procuring goods in public interest shall fair, transparent and reasonable
have the responsibilityand accountability procedure.
to bring efficiency, economy, and
(vi) the procuring authority should be
transparencyin matters relating to public
satisfied that the selected offer
procurement and for fair and equitable
adequately meetsthe requirement in
treatment of suppliers and promotion of
all respects.
competitionin publicprocurement.
(vii) the procuring authority should satisfy
The procedure to be followed in making
itselfthat the price of the selectedoffer
public procurement must conform to the
is reasonableand consistentwith the
following yardsticks:-
quality required.
(i) The description of the subject matter
(viii) at each stage of procurement the
of procurement to the extent
concerned procuring authority must
practicableshould -
place on record, in preciseterms, the
a) be objective, functional, generic considerationswhich weighed with it
and measurable and specify while taking the procurement
technical, qualitative and decision.
performancecharacteristics.
(ix) a complete schedule of procurement
cycle from date of issuing the tender to itemsto be procured through GeM for the
date of issuing the contract should be prospectivesuppliers. The Procurementof
published when the tender is issued. Goods and Services by Ministries or
(x) All Ministries/Departments shall Departmentswill be mandatory for Goods
prepare Annual Procurement Plan or Services available on GeM. The
before the commencement of the year credentials of suppliers on GeM shall be
and the same should also be placed certified by DGS&D. The procuring
on their website. authorities will certify the reasonability of
Rule 145 Authorities competent to purchase rates. The GeM portal shall be utilized by
goods. An authority which is competent the Government buyers for direct on-line
to incur expenditure may sanction the purchasesas under:-
purchase of goods required for use in (i) Up to Rs.50,OOO/-through any of the
public service in accordance with available suppliers on the GeM,
provisions in the Delegation of Financial meeting the requisite quality,
Powers Rules, following the general specificationand deliveryperiod.
procedure contained in the following (ii) Above Rs.50,OOO/- and up to
rules. Rs.30,OO,OOO/-through the GeM
Rule 146 Procurement of goods required on Sellerhaving lowestprice amongst the
mobilisation Procurement of goods available sellers, of at least three
required on mobilisation and/ or during different manufacturers, on GeM,
the continuance of Military operations meeting the requisite quality,
shall be regulated by special rules and specificationand delivery period. The
orders issued by the Government on this tools for online bidding and online
behalffrom time to time. reverseauction available on GeM can
Rule 147 Powers for procurement of goods. The be used by the Buyerif decided by the
Ministries or Departments have been competentauthority.
delegated full powers to make their own (iii) Above Rs.30,OO,OOO/-through the
arrangements for procurement of goods. supplier having lowest price meeting
In case,however,a Ministryor Department the requisite quality, specification and
does not have the required expertise, it delivery period after mandatorily
may project its indent to the Central obtaining bids, using online bidding
PurchaseOrganisation (e.g. DGS&D)with or reverse auction tool provided on
the approval of competent authority. The GeM.
indent form to be utilised for this purpose (iv) The invitation for the online e-
will be as perthe standardform evolvedby bidding/reverse auction will be
the Central PurchaseOrganisation available to all the existing Sellers or
Rule 148 Rate Contract. DGS&D shall conclude other Sellers registered on the portal
rate contractswith the registeredsuppliers and who have offered their
for suchgoods, which are not available on goods/services under the particular
GeM, and are identified as common use product/servicecategory,as per terms
items and are needed on recurring basis and conditionsof GeM.
by various Central Government Ministries (v) The above mentioned monetary
or Departments. DGS&Dwill furnish and ceiling is applicable only for purchases
update all the relevant details of the rate made through GeM. For purchases,if
contractson itswebsite. The Ministriesor any, outside GeM, relevant GFRRules
Departments shall follow those rate shallapply.
contractsto the maximumextentpossible. (vi) TheMinistries/Departmentsshall work
Rule 149. Government e-Market place (GeM). out their procurementrequirementsof
DGS&Dor anyother agencyauthorizedby Goods and Serviceson either "OPEX"
the Government will host an online model or "CAPEX"model as per their
Government e-Marketplace (GeM) for requirement/ suitability at the time of
common use Goods and Services. preparation of Budget Estimates(BE)
DGS&D will ensure adequate publicity and shall project their Annual
including periodic advertisement of the Procurement Plan of goods and
cycle from date of issuing the tender to itemsto be procured through GeM for the
date of issuing the contract should be prospectivesuppliers.The Procurementof
published when the tender is issued. Goods and Services by Ministries or
(x) All Ministries/Departments shall Departmentswill be mandatory for Goods
prepare Annual Procurement Plan or Services available on GeM. The
before the commencement of the year credentials of suppliers on GeM shall be
and the same should also be placed certified by DGS&D. The procuring
on their website. authorities will certify the reasonability of
rates. The GeM portal shall be utilized by
Rule 145 Authorities competent to purchase
the Government buyers for direct on-line
goods. An authority which is competent
purchasesas under:-
to incur expenditure may sanction the
purchase of goods required for use in (i) Up to Rs.50,OOO/-through any of the
public service in accordance with available suppliers on the GeM,
provisions in the Delegation of Financial meeting the requisite quality,
Powers Rules, following the general specificationand deliveryperiod.
procedure contained in the following (ii) Above Rs.50,OOO/- and up to
rules. Rs.30,OO,OOO/-through the GeM
Rule 146 Procurement of goods required on Sellerhaving lowestprice amongst the
mobilisation Procurement of goods available sellers, of at least three
required on mobilisation and/ or during different manufacturers, on GeM,
the continuance of Military operations meeting the requisite quality,
shall be regulated by special rules and specificationand delivery period. The
orders issued by the Government on this tools for online bidding and online
behalffrom time to time. reverseauction available on GeM can
be usedby the Buyerif decided by the
Rule 147 Powers for procurement of goods. The
competentauthority.:
Ministries or Departments have been
delegated full powers to make their own (iii) Above Rs.30,OO,OOO/-through the
arrangements for procurement of goods. supplier having lowest price meeting
In case,however,a Ministryor Department the requisite quality, specification and
does not have the required expertise, it delivery period after mandatorily
may project its indent to the Central obtaining bids, using online bidding
PurchaseOrganisation (e.g. DGS&D)with or reverse auction tool provided on
the approval of competent authority. The GeM.
indent form to be utilised for this purpose (iv) The invitation for the online e-
will be as perthe standardform evolvedby bidding/reverse auction will be
the Central PurchaseOrganisation available to all the existing Sellersor
Rule 148 Rate Contract. DGS&D shall conclude other Sellers registered on the portal
rate contractswith the registeredsuppliers and who have offered their
for suchgoods, which are not available on goods/services under the particular
GeM, and are identified as common use product/servicecategory,as per terms
items and are needed on recurring basis and conditionsof GeM.
by various Central Government Ministries (v) The above mentioned monetary
or Departments. DGS&Dwill furnish and ceiling is applicable only for purchases
update all the relevant details of the rate made through GeM. For purchases,if
contractson itswebsite. The Ministriesor any, outside GeM, relevant GFRRules
Departments shall follow those rate shallapply.
contractsto the maximumextentpossible. (vi) TheMinistries/Departmentsshallwork
Rule 149. Government e-Market place (GeM). out their procurementrequirementsof
DGS&Dor any other agencyauthorized by Goods and Serviceson either "OPEX"
the Government will host an online model or "CAPEX"model as per their
Government e-Marketplace (GeM) for requirement/ suitability at the time of
common use Goods and Services. preparation of Budget Estimates(BE)
DGS&D will ensure adequate publicity and shall project their Annual
including periodic advertisement of the Procurement Plan of goods and
services on GeM portal within 30 days supplier(s) willing to continue with
of Budgetapproval. registration are to apply afresh for
(vii) The Government Buyers may renewal of registration. New
ascertain the reasonableness of prices supplier(s)may also be considered for
before placement of order using the registration at any time, provided they
Business Analytics (BA) tools available fulfil all the required conditions.
on GeM including the Last Purchase (iv) Performance and conduct of every
Price on GeM, Department's own Last registeredsupplier is to be watched by
Purchase Price etc. the concernedMinistry or Deportment.
(viii) A demand for goods shall not be The registeredsupplier(s)are liable to
divided into small quantities to make be removed from the list of approved
piecemeal purchases to avoid suppliers if they fail to abide by the
procurement through L-1 Buying / terms and conditions of the
bidding / reverse auction on GeM or registration or fail to supply the goods
the necessity of obtaining the sanction on time or supply substandard goods
of higher authorities required with or make any false declaration to any
reference to the estimated value of the Governmentagencyor for any ground
total demand. which, in the opinion of the
Government,is not in public interest.
Rule 150 Registration of Suppliers
(v) The list of registered suppliers for the
(i) With a view to establishing reliable
subject matter of procurement be
sources for procurement of goods
exhibited on the Central Public
commonly required for Government
ProcurementPortaland websitesof the
use, the Central Purchase
Procuring Entity/ e-Procurementl
Organisation (e.g. DGS&D) will
portals.
prepare and maintain item-wise lists
of eligible and capable suppliers. Rule 151 Debarment from bidding.
Such approved suppliers will be (i) A bidder shall be debarred if he has
known as "RegisteredSuppliers". All beenconvictedof an offence-
Ministries or Departments may utilise (a) under the Prevention of
these lists as and when necessary. Corruption Act, 1988; or
Such registered suppliers are prima
(b) the Indian Penal Code or any
facie eligible for consideration for
other law for the time being in
procurement of goods th roug h force, for causing any lossof life or
LimitedTenderEnquiry.Theyare also property or causing a threat to
ordinarily exempted from furnishing
public health as part of execution
bid security along with their bids. A of a public procurementcontract.
Head of Departmentmay also register
(ii) A bidder debarred under sub-section
suppliers of goods which are
(i) or any successorof the bidder shall
specifically required by that
not be eligible to participate in a
Department or Office, periodically.
procurementprocessof any procuring
Registrationof the supplier should be
entityfor a period not exceedingthree
done following a fair, transparent and
years commencing from the date of
reasonable procedure and after
debarment. Department of
giving due publicity.
Commerce (DGS&D) will maintain
(ii) Credentials, manufacturing such list which will also be displayed
capability, quality control systems, on the website of DGS&D as well as
past performance, after-salesservice, Central PublicProcurementPortal.
financial background etc. of the
(iii) A procuring entity may debar a bidder
supplier(s)should be carefullyverified
or any of its successors, from
before registration.
participating in any procurement
(iii) The supplier(s)will be registeredfor a processundertaken by it, for a period
fixed period (between 1 to 3 years) not exceeding two years, if it
depending on the natureof the goods. determines that the bidder has
At the end of this period, the registered
breached the code of integrity. The
Ministry/Department will maintain "1" am personally satisfied that these
such list which will also be displayed goods purchased are of the requisite
on their website. quality and specification and have been
purchased from a reliable supplier at a
(iv) The bidder shall not be debarred
reasonableprice."
unless such bidder has been given a
reasonable opportunity to represent Rule 155 Purchase of goods by Purchase
against such debarment CommiHee. Purchase of goods costing
above Rs. 25,900 (Rupees twenty five
Rule 152 Enlistment of Indian Agents. As per the
thousand only) and upto Rs.2,50,000/-
Compulsory Enlistment Scheme of the
(Rupeestwo lakh and fifty thousand only)
Department of Expenditure, Ministry of
on each occasion may be made on the
Finance, it is compulsory for Indian
recommendations of a duly constituted
agents, who desire to quote directly on
Local Purchase Committee consisting of
behalf of their foreign principals, to get
three members of an appropriate level as
themselves enlisted with the Central
decided by the Head of the Deportment.
Purchase Organisation (eg. DGS&D).
The committee will survey the market to
However,suchenlistmentis not equivalent
ascertain the reasonableness of rate,
to registration of suppliers as mentioned
quality and specificationsand identify the
under Rule150.
appropriate supplier. Before
Rule 153 Res e r v e d I t ems and 0 the r recommending placementof the purchase
Purchase/Price Preference Policy. order, the membersof the committee will
(i) The Central Government, through jointly recorda certificateas under.
administrative instructions, has "Certified that we, members of the
reservedall items of hand spun and purchase committee are jointly and
hand-woventextiles(khadi goods) for individually satisfied that the goods
exclusivepurchasefrom KhadiVillage recommended for purchase are of the
IndustriesCommission (KVIC).It has requisite specification and quality, priced
also reservedall items of handloom at the prevailing market rate and the
textiles required by Central supplier recommended is reliable and
Government departments for competent to supply the goods in
exclusivepurchasefrom KVICand/or question, and it is not debarred by
the notified handloom units of Department of Commerce or Ministry/
Associationof Corporationsand Apex Departmentconcerned."
Societiesof Handlooms(ACASH).
Rule 156 (1) Purchase of goods directly under
(ii) Ministry of Micro, Small and Medium Rate Contract. In case a Ministry or
Enterprises (MSME) have notified Department directly procures Central
procurement policy under section 11 PurchaseOrganisation (e.g. DGS&D) rate
of the Micro, Small and Medium contracted goods from suppliers, the
EnterprisesDevelopmentAct, 2006. prices to be paid for such goods shall not
(iii) The Central Government may, by exceedthose stipulatedin the rate contract
notification, provide for mandatory and the other salientterms and conditions
procurementof any goods or services of the purchaseshould be in line with those
from any category of bidders, or specifiedin the RateContract. The Ministry
provide for preferenceto bidders on or Department sholl make its own
the grounds of promotion of locally arrangement for inspection and testing of
manufactured goods or locally suchgoodswhereeverrequired.
provided services. Rule 156 (2) The Central Purchase Organisation
Rule 154 Purchase of goods without quotation (e.g. DGS&D) should host the
Purchase of goods upto the value of specifications, prices and other salient
Rs.25,000 (Rupeestwenty five thousand) details of different rate contracted items,
only on each occasion may be made appropriately updated, on the web site for
without inviting quotations or bids on the use by the procuring Ministry or
basisof a certificateto be recorded by the Department.
competent authority in the following Rule 157 A demand for goods should not be divided
format.
into small quantities to make piecemeal inviting bids or proposals in any form
purchases to avoid the necessity of whetherthey are advertised,issuedto
obtaining the sanction of higher authority limited number of partiesor to a single
required with reference to the estimated party.
value of the total demand. (iv) In the case of procurements made
Rule 158 Purchase of goods by obtaining bids. though DGS&D Rate Contracts or
Except in cases covered under Rule through any other Central
154,155, and 156(1), Ministries or Procurement Organizations (CPOs)
Departments shall procure goods under only award details need to be
the powers referred to in Rule 147 above published.
by following the standard method of (v) These instructions would not apply to
obtaining bidsin: procurements made in terms of
(i) AdvertisedTenderEnquiry provisions of Rules 154 (Purchaseof
(ii) LimitedTenderEnquiry goods without quotations) or 155
(iii) Two-StageBidding (Purchase of goods by purchase
committee) of General Financial
(iv) SingleTenderEnquiry
Rules.
(v) ElectronicReverseAuctions
Rule 160 E-Procurement
Rule 159 E-Publishing
(i) It is mandatory for Ministries/
(i) It is mandatory for all Ministries/ Departments to receive all bids
Departments of the Central through e-procurement portals· in
Government, their attached and respectof all procurements.
SubordinateOfficesand Autonomous
(ii) Ministries/ Departments which do not
/Statutory Bodies to publish their
have a large volume of procurement
tender enquiries, corrigenda thereon
or carry out procurements required
and details of bid awards on the
only for day-to-day running of offices
Central Public Procurement Portal
and also have not initiated
(CPPP).
e-procurement through any other
(ii) Individual caseswhere confidentiality solution provided so for, may use
is required, for reasons of national e-procurement solution developed by
security,would be exemptedfrom the NIC. Other Ministries/ Departments
mandatory e-publishing requirement. may either use e-procurement
The decision to exempt any case on solution developed by NIC or engage
the said grounds should be approved any other service provider following
by the Secretary of the Ministry/ due process.
Department with the concurrence of (iii) These instructions will not apply to
the concerned Financial Advisor. In
procurements made by Ministries /
the case of Autonomous Bodiesand
Departments through DGS&D Rate
Statutory Bodies' approval of the
Contracts.
Head of the Body with the
(iv) In individual case where national
concurrence of the Head of the
security and strategic considerations
Finance should be obtained in each
demands confidentiality, Ministries/
such case. Statistical information on
Departmentsmay exempt such cases
the number of cases in which
from e-procurement after seeking
exemptionwas granted and the value
approval of concerned Secretaryand
of the concerned contract should be
with concurrence of Financial
intimated on a Quarterly basisto the
Advisers.
Ministry of Finance, Department of
Expenditure. (v) In case of tenders floated by Indian
Missions Abroad, Competent
(iii) The above instructions apply to all
Authority to decide the tender, may
Tender Enquiries, Requests for
exempt such case from e-
Proposals,Requestsfor Expressionsof
procurement.
Interest,Notice for pre Qualification/
Registration or any other notice Rule 161 Advertised Tender Enquiry
(I) Subject to exceptions incorporated
under Rule154, 155,162 Rule 162 Limited Tender Enquiry
and166,invitation to tenders by (i) This method may be adopted when
advertisement should be used for estimated value of the goods to be
procurement of goods of estimated procured is up to RupeesTwentyfive
value of Rs. 25 lakhs (Rupees Twenty Lakhs. Copies of the bidding
Five Lakh)and above. Advertisement document should be sent directly by
in such cases should be given on speedpost/registeredpost/courier/ e-
Central Public Procurement· Portal mail to firms which are borne on the
(CPPP) at www.eprocure.gov.in and list of registered suppliers for the
on GeM. An organisation having its goods in question as referred under
own website should also publish all its Rule 150 above. The number of
advertised tender enquiries on the supplier firms in Limited Tender
website. Enquiry should be more than three.
(ii) The organisation should also post the Efforts should be made to identify a
complete bidding document in its higher number of approved suppliers
website and on CPPP to enable to obtain more responsive bids on
prospective bidders to make use of the competitivebasis.
document by downloading from the Further, an organisation should
website. publish its limited tender enquiries on
(iii) The advertisements for invitation of Central Public Procurement Portal
tenders should give the complete web (CPPP)as per Rule 159. Apart from
address from where the bidding CPPp, the organisationsshould publish
documents can be downloaded. the tender enquiries on the
(iv) I nor de r top rom 0 t e wid e r Department'sor Ministry's web site.
participation and easeof bidding, no (ii) The unsolicited bids should not be
cost of tender document may be accepted. However Ministries/
charged for the tender documents Departments should evolve a system
downloaded bythe bidders. by which interestedfirms can register
(iv) Where the Ministry or Department and bid in nextround of tendering.
feels that the goods of the required (iii) Purchase through Limited Tender
quality, specificationsetc., may not be Enquiry may be adopted even where
available in the country and it is the estimated value of the
necessary to also look for suitable procurement is more than Rupees
competitive offers from abroad, the twenty-five Lakhs, in the following
Ministry or Department may send circumstances.
copies of the tender notice to the (a) The competent authority in the
Indian Embassiesabroad aswell asto Ministry or Department certifies
the foreign Embassiesin India. The that the demand is urgent and any
selectionof the embassieswill depend additional expenditureinvolved by
on the possibilityof availability of the not procuring through advertised
required goods in such countries. In tender enquiry is justified in view of
suchcasese-procurementas per Rule urgency. The Ministry or
160 may not be insisted. Department should also put on
(v) Ordinarily, the minimum time to be record the nature of the urgency
allowed for submissionof bids should and reasonswhy the procurement
be three weeks from the date of could not be anticipated.
publication of the tender notice or (b) There are sufficient reasons,to be
availability of the bidding document recorded in writing by the
for sale, whicheveris later. Where the competent authority, indicating
Department also contemplates that it will not be in public interest
obtaining bids from abroad, the to procure the goods through
minimum period should be kept as advertisedtender enquiry.
four weeks for both domestic and (c) The sources of supply are
foreign bidders. definitely known and possibilityof
fresh source(s) beyond those study or development, except
beingtapped isremote. where the contract includes the
(iv) Sufficient time should be allowed for production of items in quantities
submissionof bids in Limited Tender sufficient to establish their
Enquirycases. commercial viability or to recover
research and development
Rule 163 Two bid system (simultaneous receipt
costs;or
of separate technical and financial
bids): For purchasing high value plant, (d) Thebidder is expectedto carry out
machineryetc. of a complexand technical a detailed surveyor investigation
nature, bids may be obtained in two parts and undertake a comprehensive
as under: assessment of risks, costs and
obligations associated with the
(i) Technical bid consisting of all
particular procurement.
technical details along with
commercial terms and conditions; (ii) The procedure for two stage bidding
and shall includethe following, namely:-
(ii) Financial bid indicating item-wise (a) in the first stage of the bidding
price for the items mentioned in the process,the Ministry/Department
technical bid. shall invite bids through
advertised tender containing the
The technical bid and the financial bid
technical aspectsand contractual
should be sealed by the bidder in separate
terms and conditions of the
covers duly super-scribed and both these
proposed procurement without a
sealed covers are to be put in a bigger
bid price;
cover which should also be sealed and
duly super-scribed. The technical bids are (b) all first stage bids, which are
to be opened by the purchasing Ministry or otherwise eligible, shall be
Department at the first instance and evaluated through an
evaluated by a competent committee or appropriate committee
authority. At the second stage financial constituted by the Ministry/
bids of only these technically acceptable Department;
offers should be opened after intimating. (c) the committee may hold
them the date and time of opening the discussionswith the biddersand if
financial bid for further evaluation and any suchdiscussionis held, equal
ranking before awarding the contract. opportunity shall be given to all
Rule 164 Two-Stage Bidding (Obtain bids in two bidders to participate in the
stageswith receipt of financial bids after discussions;
receiptand evaluationoftechnical bids) (d) in revising the relevantterms and
(i) Ministry/Department may procure conditions of the procurement,
the subject matter of procurement by the procuring entity shall not
the methodof two-stagebidding, if modify the fundamental nature of
the procurement itself, but may
(a) it is not feasible to formulate
add, amend or omit any
detailed specificationsor identify
specificationof the subjectmatter
specific characteristics for the
of procurement or criterion for
subject matter of procurement,
evaluation;
without receiving inputs
regarding its technical aspects (e) in the secondstageof the bidding
from bidders;or process,the procuring entity shall
invite bids from all those bidders
(b) the characterof the subjectmatter
whose bids at the first stagewere
of procurementis subjectto rapid
not rejected, to present final bid
technologicaladvancesor market
with bid prices in response to a
fluctuationsor both; or
revised set of terms and
(c) Ministry/Deportment seeks to
conditionsof the procurement;
enter into a contract for the
(f) any bidder, invitedto bid but not in
purposeof research,experiment,
a position to supply the subject
matter of procurement due to
modification in the specifications
or terms and conditions, may (Signature with date and designation
withdraw from the bidding of the indenting officer)
proceedings without forfeiting Rule 167 Electronic Reverse Auction
any bid security that he may have (i) Electronic Reverse Auction means an
been required to provide or being online real-time purchasing technique
penalised in any way, by utilised by the procuring entity to select
declaring his intention to the successful bid, which involves
withdraw from the procurement presentation by bidders of successively
proceedings with adequate more favourable bids during a
justification.
scheduled period of time and
Rule 165 Late Bids. In the case of advertised tender automatic evaluation of bids;
enquiry or limited tender enquiry, late bids (ii) A procuring entity may choose to
(i.e. bids received after the specified date procure a subject matter of
and time for receipt of bids) should not be procurement by the electronic reverse
considered. auction method, if:
.Rule 166 Single Tender Enquiry. Procurement (a) It is feasible for the procuring
from a single source may be resorted to in entity to formulate a detailed
the following circumstances: description of the subject matter of
(i) It is in the knowledge of the user the procurement;
department that only a particular firm (b) There is a competitive market of
is the manufacturer of the required bidders anticipated to be qualified
goods to participate in the electronic
(ii) In a case of emergency, the required reverse auction, so that effective
goods are necessarily to be competition is ensured;
purchased from a particular source (c) The criteria to be used by the
and the reason for such decision is to procuring entity in determining the
be recorded and approval of successful bid are quantifiable
competent authority obtained. and can be expressed in monetary
(iii) For standardisation of machinery or terms; and
spare parts to be compatible to the (iii) The procedure for electronic reverse
existing sets of equipment (on the auction shall include the following,
advice of a competent technical namely:
expert and approved by the
(a) The procuring entity shall solicit
competent authority), the required
bids through an invitation to the
item is to be purchased only from a
electronic reverse auction to be
selected firm
published or communicated in
Note: Proprietary Article Certificate in the accordance with the provisions
following form is to be provided by the similar to e-procurement; and
Ministry/Department before procuring the
(b) The invitation shall, in addition to
goods from a single source under the
the information as specified in
provision of sub Rule 166 (i) and 166 (iii)
e-procurement, include details
as applicable.
relating to access to and
(i) The i n den ted goo ds are registration for the auction,
manufactured by M/s . opening and closing of the
(ii) No other make or model is acceptable auction and Norms for conduct of
for the following reasons the auction.
Rule 168 Contents of Bidding Document
(iii) Concurrence of finance wing to the All the terms, conditions, stipulations and
proposal vide: . information to be incorporated in the
(iv) Approval of the competent authority bidding document are to be shown in the
vide: appropriate chapters as below:-
Chapter - 1: Instructions to Bidders.
Chapter - 2: Conditions of Contract. Draft, FixedDeposit Receipt,Banker's
Chapter - 3: Schedule of Requirements. Cheque or Bank Guarantee from any
of the Commercial Banksor payment
Chapter - 4: Specifications and allied
online in an acceptable form,
Technical Details.
safeguarding the purchaser's interest
Chapter - 5: Price Schedule (to be in all respects. The bid security is
utilised by the bidders normally to remain valid for a period
for quoting their prices). of forty-five days beyond the final bid
Chapter - 6: Contract Form. validity period.
Chapter-7: Other Standard Forms, if (ii) Bid securities of the unsuccessful
any, to be utilised by the bidders should be returned to them at
purchaser and the bidders. the earliest after expiry of the final bid
Rule 169 Maintenance Contract. Depending on validity and lateston or beforethe 30th
the cost and nature of the goods to be day afterthe award of the contract.
purchased, it may also be necessaryto (iii) In place of a Bid security, the
enter into maintenance contract(s} of Ministries/ Departments may require
suitable period either with the supplier of Bidders to sign a Bid securing
the goods or with any other competent declaration accepting that if they
firm, not necessarilythe supplier of the withdraw or modify their Bids during
subject goods. Such maintenance the period of validity, or if they are
contracts are especially needed for awarded the contract and they fail to
sophisticated and costly equipment and sign the contract, or to submit a
machinery. It may, however, be kept in performance security before the
mind that the equipment or machinery is deadline defined in the request for
maintained free of charge by the supplier bids document,theywill be suspended
during its warranty period or such other for the period of time specified in the
extended periods as the contract terms requestfor bids document from being
may provide and the paid maintenance eligible to submit Bids for contracts
shouldcommenceonlythereafter. with the entitythat invitedthe Bids.
Rule 170 Bid Security Rule 171 Performance Security
(i) To safeguard against a bidder's (i) To ensure due performance of the
withdrawing or altering its bid during contract, PerformanceSecurityis to be
the bid validity period in the case of obtained from the successfulbidder
advertised or limited tender enquiry, awarded the contract.Unlike contracts
Bid Security (also known as Earnest of Works and Plants, in case of
Money) is to be obtained from the contracts for goods, the need for the
bidders except Micro and Small PerformanceSecuritydepends on the
Enterprises(MSEs)as defined in MSE market conditions and commercial
Procurement Policy issued by practice for the particular kind of
Department of Micro, Small and goods. PerformanceSecurityshould
Medium Enterprises (MSME)or are be for an amount of five to ten per
registeredwith the Central Purchase cent. of the value of the contract as
Organisation or the concerned specified in the bid documents.
Ministry or Department. The bidders Performance Security may be
should be askedto furnish bid security furnished in the form of an Account
along with their bids. Amount of bid Payee Demand Draft, Fixed Deposit
security should ordinarily range Receipt from a Commercial bank,
betweentwo percentto five percentof Bank Guarantee from a Commercial
the estimatedvalue of the goodsto be bank or online payment in an
procured. The amount of bid security acceptable form safeguarding the
should be determined accordingly by purchaser'sinterestin all respects.
the Ministry or Department and (ii) Performance Security should remain
indicated in the bidding documents. valid for a period of sixtydays beyond
The bid security may be accepted in the date of completion of all
the form of Account PayeeDemand
purchases should be made in a
contractual obligations of the supplier
transparent, competitive and fair manner,
including warranty obligations.
to secure best value for money. This will
(iii) Bid security should be refunded to the
also enable the prospective bidders to
successful bidder on receipt of
formulate and send their competitive bids
Performance Security.
with confidence. Someof the measuresfor
Rule 172 (1) Advance payment to supplier ensuringthe above are as follows:-
Ordinarily, paymentsfor servicesrendered (i) the text of the bidding document
or supplies made should be released only should be self-contained and
after the services have been rendered or comprehensive without any
supplies made. However, it may become ambiguities. All essential
necessaryto make advance payments for information, which a bidder needs
example in the following typesof cases:- for sending responsive bid, should
(i) Advance payment demanded by firms be clearly spelt out in the bidding
holding maintenance contracts for document in simple language. The
se rv tcrn q of Air-conditioners, condition of prior turnover and prior
computers, ather costly equipment, experience may be relaxed for
etc. Startups (as defined by Department
(ii) Advance payment demanded by firms of Industrial Policy and Promotion)
against fabrication contracts,turn-key subject to meeting of quality &
contractsetc. technical specifications and making
suitable provisions in the bidding
Such advance payments should not
document. The bidding document
exceedthe following limits:
should contain, inter alia.
(a) Thirty per cent. of the contract
(a) Description and Specifications
value to privatefirms;
of goods including the nature,
(b) Forty per cent. of the contract quantity, time and place or
value to a State or Central placesof delivery.
Government agency or a Public
(b) the criteria for eligibility and
SectorUndertaking; or
qualifications to be met by the
(c) in case of maintenance contract, bidders such as minimum level
the amount should not exceedthe of experience, past
amount payable for six months performance, t e c h ni c o l
under the contract. capability, manufacturing
Ministries or Departments of the facilities and financial position
Central Government may relax, etc or limitation for
In consultation with their participation of the bidders, if
FinancialAdvisersconcerned, the any.
ceilings (including percentage (c) eligibility criteria for goods
laid down for advance payment indicating any legal restrictions
for private firms) mentioned or conditions about the origin of
above. While making any goods etc which may required
advance payment as above, to be met by the successful
adequate safeguards in the form bidder.
of bank guarantee etc. should be
(d) the procedure as well as date,
obtained from the firm.
time and place for sending the
Rule 172 (2) Part payment to suppliers: bids.
Depending on the terms of delivery
(e) date, time and place of
incorporated in a contract, part payment
opening of the bid.
to the supplier may be released after it
dispatchesthe goods from its premises in (e) Criteria for evaluation of bids
termsof the contract. (f) special terms affecting
Rule 173 Transparency, competition, fairness performance, ifany.
and elimination of arbitrariness in the (g) Essential terms of the
procurement process All government procurement contract
(h) Bidding Documents should the bidding document to enable a
include a clause that "if a firm bidder to question the bidding
quotes NIL charges/ conditions, bidding processand/ or
consideration, the bid shall be rejection of its bid. The reasonsfor
treated as unresponsive and rejecting a tender or non-issuing a
will not be considered". tender document to a prospective
(ii) Any other information which the bidder must be disclosed where
procuring entity considers necessary enquiriesare made bythe bidder.
for the bidders to submit their bids. (v) Suitable provision for settlement of
(iii) Modification to bidding document: disputes,if any,emanating from the
(a) In case any modification IS
resultantcontract, should be kept in
made to the bidding document the bidding document.
or any clarification is issued (vi) The bidding document should
which materially affects the indicate clearly that the resultant
termscontained in the bidding contract will be interpreted under
document,the procuring entity Indian Laws.
shall publish or communicate (vii) The bidders should be given
such modification or reasonable time to prepare and
clarification In the same sendtheir bids.
manner as the publication or (viii) The bids should be opened in public
communication of the initial and authorised representatives of
bidding documentwasmade. the bidders should be permitted to
(b) In case a clarification or attendthe bid opening.
modification is issued to the (ix) The specifications of the required
bidding document, the goods should be clearly stated
procuring entity shall, before without any ambiguity so that the
the last date for submissionof prospective bidders can send
bids, extendsuch time limit, if, meaningful bids. In order to attract
In its opinion more time is sufficient number of bidders, the
requiredby biddersto take into specificationshould be broad based
account the clarification or to theextentfeasible
modification, as the case may
(x) Pre-bid conference: In case of turn-
be,while submittingtheir bids.
key contract(s) or contract(s) of
(c) Any bidder who has submitted special nature for procurement of
his bid In response to the sophisticatedand costly equipment
original invitation shall have or whereverfelt necessary,a suitable
the opportunityto modifyor re- provision isto be kept in the bidding
submit it, as the case may be, documentsfor one or more rounds
or withdraw such bid in case of pre-bid conferencefor clarifying
the modification to bidding issuesand clearing doubts, if any,
document materially affect the about the specifications and other
essential terms of the allied technical details of the plant,
procurement,within the period equipment and machinery etc.
initially allotted or such projected in the bidding document.
extended time as may be The date, time and place of pre-bid
allowedfor submissionof bids, conference should be indicated in
after the modifications are the bidding document. This date
made to the bidding document should be sufficiently ahead of bid
bythe procuringentity: opening date. The records of such
Provided that the bid last conferenceshall be intimated to all
submitted or the bid as bidders and, sholl also be exhibited
modified by the bidder shall be on the website(s)where tender was
consideredfor evaluation published.
(iv) Suitableprovision should be kept in (xi) C r i t e ria for d e t e r min i n g
responsiveness are to be taken into lowest acceptable bidder against
account for evaluating the bids such ad-hoc requirement is not in a
as: position to supply the full quantity
(a) time of delivery. required, the remaining quantity, as
far as possible, be ordered from the
(b) Performance/ efficiency/
next higher responsive bidder at the
environmental characteristics.
rates offered by the lowest
(c) the terms of payment and of
responsive bidder.
guarantees in respect of the
(xvii) Procurement of Energy Efficient
subject matter of procurement
Electrical Appliances: Ministries/
(d) price. Departments while procuring
(e) cost of operating, maintaining electrical appliances notified by
and repairing etc. Department of Expenditure shall
(xii) Bids received should be evaluated in ensure that they carry the notified
terms of the conditions already threshold or higher Star Rating of
incorporated in the bidding Bureau of Energy Efficiency (BEE).
documents; No new condition which (xviii) The name of the successful bidder
was not incorporated in the bidding awarded the contract should be
documents should be brought in for mentioned in the CPPp,Ministries or
evaluation of the bids. Departments website and their
Determination of a bid's notice board or bulletin.
responsiveness should be based on
(xix) Rejection of all Bids is justified when
the contents of the bid itself without
a. effective competition is lacking.
recourse to extrinsic evidence.
b. all Bids and Proposals are not
(xiii) Bidders should not be permitted to
substantially responsive to the
alter or modify their bids after expiry
requirements of the
of the deadline for receipt of bids.
Procurement Documents.
(xiv) Negotiation with bidders after bid
c. the Bids'/Proposals' prices are
opening must be severely
substantially higher that the
discouraged. However, in
updated cost estimate or
exceptional circumstances where
available budget; or
price negotiation against an ad-hoc
procurement is necessary due to d. none of the technical Proposals
some unavoidable circumstances, meets the minimum technical
the same may be resorted to only qualifying score.
with the lowest evaluated responsive (xx) Lack of competition in rule 173(xix)
bidder. shall not be determined solely on the
(xv) In the Rate Contract system, where a basis of the number of Bidders. Even
number of firms are brought on Rate when only one Bid is submitted, the
Contract for the same item, process may be considered valid
negotiation as well as counter provided following conditions are
offering of rates are permitted to the satisfied:
bidders and for this purpose special a. the pro cur em en twa s
permission has been given to the satisfactorily advertised and
Directorate General of Supplies and sufficient time was given for
Disposals (DGS&D). submission of bids.
(xvi) Contract should ordinarily be b. the qualification criteria were
awarded to the lowest evaluated not unduly restrictive; and
bidder whose bid has been found to c. prices are reasonable in
be responsive and who is eligible comparisonto marketvalues
and qualified to perform the (xxi) When a limited or open tender
contract satisfactorily as per the results in only one effective offer, it
terms and conditions incorporated shall be treated as a single tender
in the corresponding bidding
contract.
document. However, where the
(xxii) In case a purchase Committee is otherwise influence the
constituted to purchase or procurementprocess.
recommend the procurement, no (b) any 0 m iss ion, 0 r
member of the purchase Committee misrepresentation that may
should be reporting directly to any mislead or attempt to mislead so
other member of such Committee in that financial or other benefit may
case estimated value of be obtained or an obligation
procurement exceeds Rs.25lakhs. avoided.
Rule 174 Efficiency, Economy and Accountability (c) any collusion, bid rigging or anti-
in Public Procurement System. Public competitive behavior that may
procurement procedure should ensure impair the transparency,fairness
efficiency,economy and accountability in and the progress of the
the system. To achieve the same, the procurementprocess.
following keysareas should be addressed (d) improper use of information
provided by the procuring entity
(i) To reduce delay, appropriate time to the bidder with an intent to
frame for each stage of procurement gain unfair advantage in the
should be prescribed by the Ministry procurement process or for
or Department. personalgain.
(ii) To minimise the time needed for (e) any financial or business
decision making and placement of transactions between the bidder
contract, every Ministry/Department, and any official of the procuring
with the approval of the competent entity related to tender or
authority, may delegate, wherever execution process of contract;
necessary, appropriate purchasing which can affect the decision of
powersto the lowerfunctionaries. the procuring entity directly or
(iii) The Ministriesor Departmentsshould indirectly.
ensure placement of contract within (f) any coercion or any threat to
the original validity of the bids. impair or harm, directly or
Extension of bid validity must be indirectly,any party or itsproperty
discouraged and resorted to only in to influence the procurement
exceptionalcircumstances. process.
(iv) The Central Purchase Organisation (g) obstructionof any investigationor
(e.g. DGS&D) should bring into the auditing of a procurement
RateContract systemmore and more process.
common user items which are (h) making false declaration or
frequently needed in bulk by various providing false information for
Central Government Departments. participation in a tender process
The Central Purchase Organisation
or to securea contract;
(e.g. DGS&D)should also ensurethat
(ii) disclosureof conflictof interest.
the RateContracts remain available
withoutany break. (iii) Disclosure by the bidder of any
previous transgressions made in
Rule 175 (1) Code of Integrity
respectof the provisionsof sub-clause
No official of a procuring entity or a (i)with any entity in any countryduring
bidder shall act in contravention of the last three years or of being
the codeswhich includes debarred by any other procuring
(i) prohibition of entity.
(a) making offer, solicitation or Rule 175 (2) The procuring entity, after giving a
acceptance of bribe, reward or reasonable opportunity of being heard,
gift or any material benefit,either comes to the conclusion that a bidder or
directlyor indirectly,in exchange prospective bidder, as the case may be,
for an unfair advantage in the has contravenedthe code of integrity,may
procurement process or to take appropriate measures.
Rule 176 Buy-Back Offer Rule 179 This chapter contains the fundamental
When it is decidedwith the approval of the principles applicable to all Ministries or
competentauthority to replace an existing Departments regarding engagement of
old item(s}with a new and better version, consultant(s}.Detailed instructions to this
the department may trade the existingold effect may be issued by the concerned
item while purchasing the new one. For Ministries or Departments. However, the
this purpose, a suitable clause is to be Ministriesor Departmentsshall ensurethat
incorporated in the bidding document so they do not contravene the basic rules
that the prospectiveand interestedbidders containedin this chapter.
formulate their bids accordingly. Rule 180 Identification of Services required to be
Depending on the value and condition of performed by Consultants: Engagement
the old item to be traded, the time as well of consultants may be resorted to in
as the mode of handing over the old item situations requiring high quality services
to the successfulbidder should be decided for which the concerned Ministry/
and relevantdetails in this regard suitably Department does not have requisite
incorporated in the bidding document. expertise. Approval of the competent
Further,suitable provision should also be authority should be obtained before
kept in the bidding documentto enablethe engaging consultant(s}.
purchasereitherto trade or notto trade the Rule 181 Preparation of scope of the required
itemwhile purchasingthe newone. Consultant(s): The Ministries/
Departmentsshould prepare in simple and
PROCUREMENT OF SERVICES concise language the requirement,
objectives and the scope of the
A. CONSULTING SERVICES
assignment. The eligibility and
prequalification criteria to be met by the
Rule 177 "Consulting Service" means any subject consultants should also be clearly
matter of procurement (which as identified at this stage.
distinguished from 'Non- Consultancy
Rule 182 Estimating reasonable expenditure:
Services' involves primarily non-physical Ministry or Department proposing to
project-specific, intellectual and engage consultant(s} should estimate
procedural processes where outcomes/ reasonable expenditure for the same by
deliverables would vary from one ascertaining the prevalent market
consultant to another), other than goods conditions and consulting other
or works, except those incidental or organisationsengaged in similar activities.
consequentialto the service,and includes
Rule 183 Identification of likely sources.
professional, intellectual, training and
advisory services or any other service (i) Where the estimated cost of the
classified or declared as such by a consulting service is up to Rupees
procuring entitybut does not includedirect twenty-five lakhs, preparation of a
engagement of a retired Government long list of potential consultants may
servant. be done on the basis of formal or
informal enquiries from other
Note: These Services typically involve
Ministries or Departments or
providing expert or strategic advice e.g.,
Organisations involved in similar
management consultants, policy
activities, Chambers of Commerce &
consultants,communications consultants,
Industry, Association of consultancy
Advisory and project related Consulting
firms etc.
Serviceswhich include, feasibility studies,
project management, engineering (ii) Where the estimated cost of the
services,finance, accounting and taxation consulting services is above Rupees
services,training and developmentetc. twenty-five lakhs, in addition tori}
above, an enquiry for seeking
Rule 178 The Ministries or Departments may hire
'Expression of Interest' from
external professionals, consultancy firms
consultants should be published on
or consultants (referred to as consultant
Central Public Procurement Portal
hereinafter)for a specificjob, which is well
(CPPP)atwww.eprocure.gov.inandon
defined in termsof contentand time frame
for itscompletion.
GeM. An organisation having its own (v) List of key position whose CV and
website should also publish all its experiencewould be evaluated.
advertised tender enquiries on the (vi) Bid evaluation criteria and selection
website. Enquiry for seeking procedure.
Expression of Interest should include
(vii) Standard formats for technical and
in brief, the broad scope of work or
financial proposal.
service, inputs to be provided by the
Ministry or Deportmenfeliqibility and
(viii)Proposedcontractterms.
the pre-qualification criteria to bemet (ix) Procedureproposed to be followed for
by the consultant(s) and consultant's midterm review of the progress of the
past experience in similar work or work and review of the final draft
service. The consultants may also be report.
asked to send their comments on the Rule 187 Receipt and opening of proposals
objectives and scope of the work or Proposalsshould ordinarily be asked for
service projected in the enquiry. from consultants in 'Two bid' systemwith
Adequate time should be allowed for technical and financial bids sealed
getting responses from interested separately. The bidder should put these
consultants. two sealed envelopes in a bigger envelop
Rule 184 Short listing of consultants. On the duly sealed and submit the same to the
basis of responses received from the Ministry or Department by the specified
interestedparties as per Rule 183 above, date and time at the specified place. On
consultants meeting the requirements receipt, the technical proposals should be
should be short listed for further opened first by the Ministry or Department
consideration. The number of short listed atthe specifieddate, time and place.
consultantsshouldnot be lessthan three. Rule 188 late Bids. Latebids i.e. bids receivedafter
Rule 185 Preparation of Terms of Reference the specified date and time of receipt
(TOR). should not be considered.
TheTORshouldinclude Rule 189 Evaluation of Technical Bids: Technical
(i) Precisestatementof objectives. bids should be analysed and evaluated by
a Consultancy Evaluation Committee
(ii) Outline of thetasksto be carried out.
(CEq constituted by the Ministry or
(iii) Schedulefor completion of tasks. Department.TheCECshall record in detail
(iv) The support or inputs to be provided the reasonsfor acceptance or rejection of
by the Ministry or Department to the technical proposals analysed and
facilitatethe consultancy. evaluatedby it.
(v) The final outputs that will be required Rule 190 Evaluation of Financial Bids of the
of the Consultant. technically qualified bidders: The
Rule 186 Preparation and Issue of Request for Ministry or Department shall open the
Proposal (RFP). RFPis the document to financial bids of only those bidders who
be used by the Ministry/Department for have been declared technically qualified
obtaining offers from the consultantsfor by the Consultancy Evaluation Committee
the required service. The RFPshould be as per Rule 189 above for further analysis
issuedto the shortlistedconsultantsto seek or evaluation and ranking and selecting
their technical and financial proposals. the successfulbidder for placement of the
TheRFPshouldcontain: consultancycontract.
(i) A letterof Invitation Rule 191 Methods of Selection/ Evaluation of
(ii) Information to Consultants regarding Consultancy Proposals
the procedure for submission of The basis of selection of the consultant
proposal. shall follow any of the methods given in
(iii) Termsof Reference(TOR). Rule 192 to 194 as appropriate for the
circumstancesin each case.
(iv) Eligibility and pre-qualification
criteria in casethe same has not been Rule 192. Quality and Cost Based Selection
ascertained through Enquiry for (QCBS):QCBS may be used for
Expressionof Interest. Procurement of consultancy services,
where quality of consultancy is of prime disasters, situations where timely
concern. completion of the assignment is of
(i) In QCBS initially the quality of utmost importance; and
technical proposals is scored as per (iii) situations where execution of the
criteria announced in the RFP.Only assignment may involve use of
those responsive proposals that have proprietary techniques or only one
achieved at least minimum specified consultant has requisite expertise.
qualifying score in quality of technical (iv) Under some special circumstances, it
proposal are considered further. may become necessary to select a
(ii) After opening and scoring, the particular consultant where adequate
Financial proposals of responsive justification is available for such
technically qualified bidders, a final single-source selection in the context
combined score is arrived at by giving of the overall interest of the Ministry or
predefi ned relative weig ht ages for the Department. Full justification for
score of quality of the technical single source selection should be
proposal and the score of financial recorded in the file and approval of
proposal. the competent authority obtained
(iii) The RFP shall specify the minimum before resorting to such single-source
qualifying score for the quality of selection.
technical proposal and also the (v) It shall ensure fairness and equity, and
relative weight ages to be given to the shall have a procedure in place to
quality and cost (determined for each ensure that the prices are reasonable
case depending on the relative and consistent with market rates for
importance of quality vis-a-vis cost tasks of a similar nature; and the
aspects in the assignment, e.g. 70:30, required consultancy services are not
60:40, 50:50 etc). The proposal with split into smaller sized procurement.
the highest weighted combined score Rule 195 Monitoring the Contract. The
(quality and cost) shall be selected. Ministry/Department should be involved
(iv) The weight age of the technical throughout in the conduct of consultancy,
parameters i.e. non- financial preferably by taking a task force approach
parameters in no case should exceed and continuously monitoring the
80 percent. performance of the consultant(s) so that
Rule 193 Least Cost System (LCS). LCS is the output of the consultancy is in line with
appropriate for assignments of a standard the Ministry /Department' s objectives.
or routine nature (such as audits and Rule 196 Public competition for Design of
engineering design of non-complex symbols/logos. Design competition
works) where well established should be conducted in a transparent, fair
methodologies, practices and standards and objective manner. Wide publicity
exist. Unlike QCBS, there is no weight age should be given to the competition so as to
for Technical score in the final evaluation ensure that the information is accessible to
and the responsive technically qualified all possible participants in the competition.
proposal with the lowest evaluated cost This should include publication on the
shall be selected. website of Ministry/Department
Rule 194 Single Source Selection/Consultancy concerned, as also the Central Public
by nomination. The selection by direct Procurement Portal. If the selection has
negotiation/nomination, on the lines of been by a jury of expertsnominated for the
Single Tender mode of procurement of purpose, the composition of the jury may
goods, is considered appropriate only also be notified.
under exceptional circumstance such as:
(i) tasks that represent a natural B. OUTSOURCING OF SERVICES
continuation of previous work carried
out by the fi rm;
Rule 197 "Non-Consulting Service" means any
(ii) in case of an emergency situation, subject matter of procurement (which as
situations arising after natural distinguished from 'Consultancy
Services'), involve physical, measurable capable contractors and issuelimited
deliverables/ outcomes, where tender enquiry to them asking for their
performance standards can be clearly offers by a specifieddate and time etc.
identified and consistently applied, other as per standard practice. The number
than goods or works, except those of the contractors so identified for
incidental or consequential to the service, issuing limited tender enquiry should
and includes maintenance, hiring of be morethan three.
vehicle, outsourcing of building facilities (ii) For estimated value of the non-
management, security, photocopier consulting serviceabove Rs.10 lakhs:
service, janitor, office errand services, The Ministry or Department should
drilling, aerial photography, satellite issue advertisement in such case
imagery, mapping etc. should be given on Central Public
Rule 198 Procurement of Non-consulting Procurement Portal(CPPP)at
Services. www.eprocure.gov.inandonGeM.An
A Ministry or Department may procure organisation having its own website
certain non-consulting services in the should also publish all its advertised
interest of economy and efficiency and it tender enquiries on the website. The
may prescribe detailed instructions and advertisements for invitation of
procedures for this purpose without, tendersshould give the complete web
however,contraveningthe following basic address from where the bidding
guidelines. documentscan be downloaded.
Rule 199 Identification of likely contractors. Rule 202 Late Bids. Latebids i.e. bids receivedafter
the specified date and time of receipt
The Ministry or Department should
shouldnot beconsidered.
prepare a list of likely and potential
contractors on the basis of formal or Rule 203 Evaluation of Bids Received.
informal enquiriesfrom other Ministriesor The Ministry or Department should
Departmentsand Organisations involved evaluate, segregate, rank the responsive
in similar activities, scrutiny of 'Yellow bids and select the successfulbidder for
pages', and trade journals, if available, placementof the contract.
web siteetc. Rule 204 Procurement of Non-consulting
Rule 200 Preparation of Tender enquiry. services by nomination. Should it
Ministry or Department should prepare a become necessary, in an exceptional
tenderenquirycontaining, inter alia: situation to procure a non-consulting
service from a specifically chosen
(i) Thedetails of the work or serviceto be
contractor,the Competent Authority in the
performed bythe contractor;
Ministry or Department may do so in
(ii) The facilities and the inputs which will consultation with the Financial Adviser. In
be provided to the contractor by the such cases the detailed justification, the
Ministryor Department; circumstances leading to such
(iii) Eligibility and qualification criteria to procurement by choice and the special
be met by the contractor for interestor purposeit shall serve,shall form
performing the requiredwork/service; an integral part of the proposal.
and Rule 205 Monitoring the Contract. TheMinistryor
(iv) The statutory and contractual Department should be involved
obligations to be complied with by the throughout in the conduct of the contract
contractor. and continuouslymonitor the performance
Rule 201 Invitation of Bids. of thecontractor.
(il For estimated value of the non- Rule 206 Any circumstanceswhich are not covered
consulting service up to Rupeesten in Rule198 to Rule205 for procurementof
lakhs or less: The Ministry or non-consulting services, the procuring
Department should scrutinise the entity may refer Rule 135 to Rule 176
preliminary list of likely contractorsas pertaining to procurement of goods and
identified as per Rule 199 above, not to the procurement of consulting
decide the prima facie Eligible and services.
INVENTORY MANAGEMENT
Rule 207 This chapter contains the basic rules receiptshall also be given to this effect
applicable to all Ministriesor Departments by the indenting officer to the division
regarding inventory management. sendingthe materials.
Detailed instructions and procedures (ii) In the case of issueof materials from
relating to inventorymanagementmay be stock for departmental use,
prescribed by various Ministries or manufacture,sale, etc., the Officer-in
Departments broadly in conformity with charge of the storesshall see that an
the basicrulescontainedin thischapter. appropriate indent, in the prescribed
Rule 208 (1) Receipt of goods and materials form has been projected by the
from private suppliers. indenting officer. A written/online
(i) While receiving goods and materials acknowledgement of receipt of
from a supplier,the officer-in-charge material issuedshall be obtained from
of storesshould refer to the relevant the indenting officer or his authorised
contract terms and follow the representativeat the time of issue of
prescribedprocedurefor receivingthe materials.
materials. (iii) In case of materials issued to a
(ii) All materials shall be counted, contractor, the cost of which is
measured or weighed and subjected recoverable from the contractor, all
to visual inspection at the time of relevant particulars, including the
receipt to ensure that the quantities recovery rates and the total value
are correct,the quality is according to chargeable to the contractor should
the required specificationsand there be got acknowledged from the
is no damage or deficiency in the contractordulysignedand dated.
materials.Technicalinspectionwhere (iv) If the Officer-in-charge of the storesis
required should be carried out at this unable to comply with the indent in
stage by Technical Inspector or full, he should make the supply to the
Agencyapproved for the purpose.An extent available and make suitable
appropriate receipt, in terms of the entry to this effect in the indentor's
relevantcontract provisionsmay also copy of the indent. In casealternative
be given to the supplier on receiving materials are available in lieu of the
the materials. indented materials, a suitable
(iii) Details of the material so received indication to this effect may be made
should thereafter be entered in the in the document.
appropriate stock register,preferably Rule 21 0 Custody of goods and materials. The
in on IT-basedsystem.The officer-in- officer-in-charge of stores having custody
charge of storesshould certifythat he of goods and materials, especially
hasactually receivedthe material and valuable and/or combustiblearticles,shall
recorded it in the appropriate stock take appropriate stepsfor arranging their
registers. safe custody, proper storage
Rule 209 Receipt/issue of goods and materials accommodation, including arrangements
from internal divisions of the same for maintaining required temperature,
organisation. dustfreeenvironmentetc.
(i) The indenting officer requiring goods Rule 211 lists and Accounts.
and materialsfrom internal divisionis) (i) The Officer-in-charge of stores shall
of the same organisation should maintain suitable item-wise lists and
project on indent in the prescribed accounts and prepare accurate
form for this purpose.While receiving returns in respect of the goods and
the supply against the indent, the materials in his charge making it
indenting officer sholl examine, possibleat any point of time to check
count, measureor weighthe materials the actual balances with the book
as the casemay be, to ensurethat the balances.
quantitiesare correct,the quality is in The form of the stock accounts
line with the required specifications mentionedabove shall be determined
and there is no damage or deficiency with reference to the nature of the
in the materials. An appropriate
goods and materials, the frequency of (iii) Discrepancies, including shortages,
the transactions and the special damages and unserviceablegoods, if
requirements of the concerned any, identified during verification,
Ministries/Departments. shall immediately be brought to the
(ii) Separate accounts shall be kept for notice of the competent authority for
(a) Fixed Assets such as plant, taking appropriate action in
machinery, equipment, furniture, accordance with provision given in
fixtures etc. in the Form GFR-22.
Rule33 to 38.

(b) Consumables such as office


Rule 214 Buffer Stock. Depending on the frequency
stationery, chemicals,
of requirementand quantity thereof as well
maintenance spare parts etc. in as the pattern of supply of a consumable
the Form GFR-23.
material, optimum buffer stock should be
determined bythe competentauthority.
(c) Library books in the Form GFR 18
Note: As the inventory carrying cost is an
(d) Assets of historical/artistic value
expenditurethat does not add value to the
held by museum/government
material being stocked, a material
departments in the Form GFR-24.
remaining in stock for over a year shall
Note: These forms can be generally be considered surplus, unless
supplemented with additional adequate reasonsto treat it otherwiseexist.
details by Ministries/ Theitemsso declared surplusmay be dealt
Departments as required. as per the procedure laid down under Rule
Rule 212 Hiring out of Fixed Assets. When a fixed 217.
asset is hired to local bodies, contractors Rule 215 Physical verification of Library books.
or others, proper record should be kept of (i) Complete physical verification of
the assetsand the hire and other charges books should be done every year in
as determined under rules prescribed by caseof libraries having not more than
the competent authority, should be twentythousand volumes. Forlibraries
recovered regularly. Calculation of the having more than twenty thousand
charges to be recovered from the local volumes and up to fifty thousand
bodies, contractors and others as above volumes, such verification should be
should be basedon the historicalcost. done at least once in three years.
Rule 213 (1) Physical verification of Fixed Assets. Sample physical verification at
The inventory for fixed assets shall intervals of not more than three years
ordinarily be maintained at site. Fixed should be done in case of libraries
assetsshould be verified at leastonce in a having more than fifty thousand
year and the outcome of the verification volumes. In case such verification
recorded in the corresponding register. reveals unusual or unreasonable
Discrepancies, if any, shall be promptly shortages, complete verification shall
investigatedand brought to account. be done.
Rule 213 (2) Verification of Consumables: (ii) Lossof five volumes per one thousand
A physical verification of all the volumes of books issued/consultedin
consumable goods and materials should a year may be taken as reasonable
be undertaken at least once in a year and provided such losses are not
discrepancies,if any, should be recorded attributable to dishonesty or
in the stockregisterfor appropriate action negligence.However,lossof a book of
bythe competentauthority. a value exceedingRs.1,000/- (Rupees
One thousand only) and rare books
Rule 213 (3) Procedure for verification :
irrespectiveof value shall invariably be
(i) Verification shall always be made in investigated and appropriate action
the presenceof the officer,responsible taken.
for the custodyof the inventory being
Rule 216 Transfer of charge of goods, materials
verified.
etc. In caseof transfer of Officer-in-charge
(ii) A certificate of verification along with of the goods, materials etc.,thetransferred
the findings shall be recorded in the officer shall seethat the goods or material
stockregister.

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