3. Procurement Procedures
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3. Procurement Procedures Start Comparison
a. What procurement procedures can be followed?

The following are the types of award procedures available under the GFR.

  • Purchase of goods without quotation: Under Rule 154 of the GFR, goods up to the value of Rs. 25,000 (Rupees Twenty Five Thousand) may be purchased without inviting quotations or bids. A certificate is to be recorded by the competent authority as to its satisfaction that the goods purchased are of the requisite quality and specification and have been purchased from a reliable supplier at a reasonable price.
  • Purchase of goods by purchase committee: Under Rule 155 of the GFR, goods costing above Rs. 25,000 (Rupees Twenty Five Thousand) and up to Rs. 2,50,000 (Rupees Two Lakh and Fifty Thousand) may be purchased on the recommendations of a duly constituted local purchase committee consisting of 3 (three) members of an appropriate level as decided by the Head of the Department. The committee surveys the market to ascertain the reasonableness of rate, quality and specifications and identify the appropriate supplier. Before recommending placement of the purchase order, the members of the committee jointly record a certificate of satisfaction that the goods recommended for purchase are of the requisite specification and quality, priced at the prevailing market rate and the supplier recommended is reliable and competent to supply the goods in question, and is not debarred by the Department of Commence or the Ministry/ Department concerned.
  • Purchase of goods directly under rate contract: Ministries and Departments may directly procure rate contracted goods (as concluded by the Central Purchase Organization in accordance with Rule 148 of the GFR) from suppliers. In such cases, Rule 156 of the GFR mandates that the prices to be paid for the goods shall not exceed those stipulated in the rate contract and the other salient terms and conditions of the purchase should be in line with those specified in the rate contract.
  • Advertised tender enquiry: Rule 161 of the GFR mandates that except in the situations outlined in Rules, 154, 155, 162 and 166, as described above and below, invitations to tender by advertisement should be used for procurement of goods of an estimated value of Rs. 25,00,000 (Rupees Twenty Five Lakh) and above. The organization should also post the complete bidding document on its website and the Central Public Procurement Portal and permit prospective bidders to make use of the document downloaded from the website and the Central Public Procurement Portal. Where the Ministry or Department feels that the goods of the required quality, specifications, etc., may not be available in the country, copies of the tender notice may be sent to Indian embassies abroad and foreign embassies in India.
  • Limited tender enquiry: Under Rule 162 of the GFR, allows for a limited tender process to be adopted when the estimated value of the goods to be procured is up to Rs. 25,00,000 (Rupees Twenty Five Lakh). Copies of the bidding document should be sent directly by speed post/ registered post/ courier/ e-mail to firms which are included on the list of registered suppliers for the goods in question (as maintained by the Central Procurement Organisation under Rules 150 of the GFR). The number of supplier firms in a limited tender enquiry should be more than 3 (three). Purchase via this method may be adopted even where the estimated value of the procurement is more than Rs. 25,00,000 (Rupees Twenty Five Lakh), in the following circumstances:
  1. Urgency of the demand where any additional expenditure involved by not procuring through advertised tender enquiry is justified in view of the urgency. The Ministry or Department is to record the nature of the urgency and reasons why the procurement could not be anticipated;
  2. There are sufficient reasons (to be recorded in writing by the competent authority) indicating that it will not be in the public interest to procure the goods through advertised tender enquiry;
  3. The sources of supply are definitely known and the possibility of fresh sources beyond those being tapped, is remote.
  • Single tender enquiry: Under Rule 166 of the GFR, procurement from a single source may be resorted to in the following circumstances:
  1. Only one particular firm is the manufacturer of the required goods;
  2. In a case of emergency, when the required goods must be purchased from a particular source. The reason for such a decision is to be recorded and the approval of the competent authority is to be obtained; and
  3. For standardisation of machinery or spare parts to be compatible to the existing sets of equipment (on the advice of a competent technical expert and approved by the competent authority).
  • Two bid system: For purchasing high value plant, machinery etc. of a complex and technical nature, bids may be obtained in two parts as under: (a) Technical bid consisting of all technical details along with commercial terms and conditions; and (b) Financial bid indicating item-wise price for the items mentioned in the technical bid.

The technical bids are opened by the purchaser in the first instance and evaluated by a competent committee or authority. At the second stage, the financial bids of only these technically acceptable offers are opened after intimating them the date and time of opening the financial bid for further evaluation and ranking before awarding the contract.

  • Two-stage bidding: Ministry/Department may procure the subject matter of procurement by the method of two-stage bidding, if: (a) it is not feasible to formulate detailed specifications or identify specific characteristics for the subject matter of procurement, without receiving inputs regarding its technical aspects from bidders; or (b) the character of the subject matter of procurement is subject to rapid technological advances or market fluctuations or both; or (c) Ministry/Department seeks to enter into a contract for the purpose of research, experiment, study or development, except where the contract includes the production of items in quantities sufficient to establish their commercial viability or to recover research and development costs; or (d) The bidder is expected to carry out a detailed survey or investigation and undertake a comprehensive assessment of risks, costs and obligations associated with the particular procurement.
b. What status do electronic means/procedures have?

Rule 160 of the GFR provides that it is mandatory for Ministries/ Departments to receive all bids through e-procurement portals in respect of all procurements.

c. Where are contract notices, i.e. calls for bid, published?

Rules 159 of the GFR provides that it is mandatory for all Ministries/ Departments of the Central Government, their attached and Subordinate Offices and Autonomous /Statutory Bodies to publish their tender enquiries, corrigenda thereon and details of bid awards on the Central Public Procurement Portal (https://eprocure.gov.in/cppp/)

c. Can certain prospective bidders be excluded from the competition?

There are general provisions in the GFR regarding when tenderers may be excluded from a procurement process. In particular, Rule 151 stipulates that a bidder shall be debarred if: 

  1. Such bidder has been convicted of an offence under the Prevention of Corruption Act, 1988; 
  2. Such bidder has been convicted of an offence under Indian Penal Code, or any other law for the time being in force, for causing any loss of life or property or causing a threat to public health as part of execution of a public procurement contract; 
  3. The bidder has breached the code of integrity stipulated in Rule 175 of the GFR. 

From time to time, due to sectoral policy considerations (like cross-holding restrictions between print media and broadcasting), as well as issues of national/public interest (for defence and strategic procurements), specific qualifications rules for specific transactions may have exclusionary impacts. 

Rules 151 mandates that a bidder shall not be debarred unless such bidder has been given a reasonable opportunity to represent against such debarment. 

Rules 151 stipulates that the debarment pursuant to points (a) and (b) shall not exceed three years, and pursuant to point (c) shall not exceed two years.