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.