Guidelines for Public Procurement Rules
Guidelines for Public Procurement Rules
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Ministry of Finance
Department of Expenditure
cycle from date of issuing the tender to items to be procured through GeM for the
date of issuing the contract should be prospective suppliers. The Procurement of
published when the tender is issued. Goods and Services by Ministries or
(x) All Ministries/Departments shall Departments will 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 purchases as under :-
purchase of goods required for use in (i) Up to Rs.50,000/- 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 specification and delivery period.
procedure contained in the following (ii) Above Rs.50,000/- and up to
rules. Rs.30,00,000/- through the GeM
Rule 146 Procurement of goods required on Seller having lowest price 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 specification and delivery period. The
orders issued by the Government on this tools for online bidding and online
behalf from time to time. reverse auction available on GeM can
Rule 147 Powers for procurement of goods. The be used by the Buyer if decided by the
Ministries or Departments have been competent authority.
delegated full powers to make their own (iii) Above Rs.30,00,000/- through the
arrangements for procurement of goods. supplier having lowest price meeting
In case, however, a Ministry or 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
Purchase Organisation (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 per the standard form evolved by bidding/reverse auction will be
the Central Purchase Organisation available to all the existing Sellers or
Rule 148 Rate Contract. DGS&D shall conclude other Sellers registered on the portal
rate contracts with the registered suppliers and who have offered their
for such goods, which are not available on goods/services under the particular
GeM, and are identified as common use product/service category, as per terms
items and are needed on recurring basis and conditions of GeM.
by various Central Government Ministries (v) The above mentioned monetary
or Departments. DGS&D will furnish and ceiling is applicable only for purchases
update all the relevant details of the rate made through GeM. For purchases, if
contracts on its website. The Ministries or any, outside GeM, relevant GFR Rules
Departments shall follow those rate shall apply.
contracts to the maximum extent possible. (vi) The Ministries/Departments shall work
Rule 149. Government e-Market place (GeM). out their procurement requirements of
DGS&D or any other agency authorized by Goods and Services on 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
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Chapter – 6
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into small quantities to make piecemeal inviting bids or proposals in any form
purchases to avoid the necessity of whether they are advertised, issued to
obtaining the sanction of higher authority limited number of parties or 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 bids in : procurements made in terms of
(i) Advertised Tender Enquiry provisions of Rules 154 (Purchase of
(ii) Limited Tender Enquiry goods without quotations) or 155
(iii) Two-Stage Bidding (Purchase of goods by purchase
committee) of General Financial
(iv) Single Tender Enquiry Rules.
(v) Electronic Reverse Auctions 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 respect of all procurements.
Subordinate Offices and 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 cases where confidentiality solution provided so far, may use
is required, for reasons of national e-procurement solution developed by
security, would be exempted from 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 Bodies and Departments through DGS&D Rate
Statutory Bodies’ approval of the Contracts.
H e a d of th e B od y w i t h th e
concurrence of the Head of the (iv) In individual case where national
Finance should be obtained in each security and strategic considerations
such case. Statistical information on demands confidentiality, Ministries/
the number of cases in which Departments may exempt such cases
exemption was granted and the value from e-procurement after seeking
of the concerned contract should be approval of concerned Secretary and
intimated on a Quarterly basis to the with concurrence of Financial
Ministry of Finance, Department of Advisers.
Expenditure. (v) In case of tenders floated by Indian
(iii) The above instructions apply to all Missions Abroad, Competent
Tender Enquiries, Requests for Authority to decide the tender, may
Proposals, Requests for Expressions of exempt such case from e-
Interest, Notice for pre Qualification/ procurement.
Registration or any other notice Rule 161 Advertised Tender Enquiry
(I) Subject to exceptions incorporated
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Rule 176 Buy-Back Offer Rule 179 This chapter contains the fundamental
When it is decided with the approval of the principles applicable to all Ministries or
competent authority 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 existing old 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 Ministries or Departments shall ensure that
incorporated in the bidding document so they do not contravene the basic rules
that the prospective and interested bidders contained in 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 successful bidder should be decided for which the concerned Ministry/
and relevant details 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 document to enable the engaging consultant(s).
purchaser either to trade or not to trade the Rule 181 Preparation of scope of the required
item while purchasing the new one. Consultant(s): The Ministries/
Departments should prepare in simple and
PROCUREMENT OF SERVICES concise language the requirement,
A. CONSULTING SERVICES objectives and the scope of the
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 c on di ti on s an d c on s ul ti n g oth e r
or works, except those incidental or organisations engaged in similar activities.
consequential to the service, and includes
professional, intellectual, training and Rule 183 Identification of likely sources.
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 entity but does not include direct 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
Note: These Services typically involve informal enquiries from other
providing expert or strategic advice e.g., Ministries or Departments or
management consultants, policy Organisations involved in similar
consultants, communications consultants, activities, Chambers of Commerce &
Advisory and project related Consulting Industry, Association of consultancy
Services which include, feasibility studies, firms etc.
project management, engineering (ii) Where the estimated cost of the
services, finance, accounting and taxation consulting services is above Rupees
services, training and development etc. twenty-five lakhs, in addition to(i)
Rule 178 The Ministries or Departments may hire above, an enquiry for seeking
external professionals, consultancy firms ‘Expression of Interest ’ from
or consultants (referred to as consultant consultants should be published on
hereinafter) for a specific job, which is well Central Public Procurement Portal
defined in terms of content and time frame (CPPP) at [Link] and on
for its completion.
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GeM. An organisation having its own (v) List of key position whose CV and
website should also publish all its experience would 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 Department, eligibility and (viii) Proposed contract terms.
the pre-qualification criteria to bemet (ix) Procedure proposed 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 Proposals should ordinarily be asked for
service projected in the enquiry. from consultants in ‘Two bid’ system with
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
interested parties 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 at the specified date, time and place.
consultants should not be less than three. Rule 188 Late Bids. Late bids i.e. bids received after
Rule 185 Preparation of Terms of Reference the specified date and time of receipt
(TOR). should not be considered.
The TOR should include Rule 189 Evaluation of Technical Bids: Technical
(i) Precise statement of objectives. bids should be analysed and evaluated by
a Consultancy Evaluation Committee
(ii) Outline of the tasks to be carried out. (CEC) constituted by the Ministry or
(iii) Schedule for completion of tasks. Department. The CEC shall record in detail
(iv) The support or inputs to be provided the reasons for acceptance or rejection of
by the Ministry or Department to the technical proposals analysed and
facilitate the consultancy. evaluated by 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). RFP is 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 consultants for by the Consultancy Evaluation Committee
the required service. The RFP should be as per Rule 189 above for further analysis
issued to the shortlisted consultants to seek or evaluation and ranking and selecting
their technical and financial proposals. the successful bidder for placement of the
The RFP should contain : consultancy contract.
(i) A letter of 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) Terms of Reference (TOR). Rule 192 to 194 as appropriate for the
circumstances in each case.
(iv) Eligibility and pre-qualification
criteria in case the same has not been Rule 192. Quality and Cost Based Selection
ascertained through Enquiry for (QCBS):QCBS may be used for
Expression of Interest. Procurement of consultancy services,
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INVENTORY MANAGEMENT
Rule 207 This chapter contains the basic rules receipt shall also be given to this effect
applicable to all Ministries or Departments by the indenting officer to the division
regarding inventory management. sending the materials.
Detailed instructions and procedures (ii) In the case of issue of materials from
relating to inventory management may be stock for departmental use,
prescribed by various Ministries or manufacture, sale, etc., the Officer-in
Departments broadly in conformity with charge of the stores shall see that an
the basic rules contained in this chapter. 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 issued shall be obtained from
of stores should refer to the relevant the indenting officer or his authorised
contract terms and follow the representative at the time of issue of
prescribed procedure for receiving the 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 specifications and there be got acknowledged from the
is no damage or deficiency in the contractor duly signed and dated.
materials. Technical inspection where (iv) If the Officer-in-charge of the stores is
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
Agency approved for the purpose. An extent available and make suitable
appropriate receipt, in terms of the entry to this effect in the indentor’s
relevant contract provisions may also copy of the indent. In case alternative
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 210 Custody of goods and materials. The
in an IT-based system. The officer-in- officer-in-charge of stores having custody
charge of stores should certify that he of goods and materials, especially
has actually received the material and valuable and/or combustible articles, shall
recorded it in the appropriate stock take appropriate steps for arranging their
registers. s a f e c u s t o d y, p r o p e r s t o r a g e
Rule 209 Receipt/issue of goods and materials accommodation, including arrangements
from internal divisions of the same for maintaining required temperature,
organisation. dust free environment etc.
(i) The indenting officer requiring goods Rule 211 Lists and Accounts.
and materials from internal division(s) (i) The Officer-in-charge of stores shall
of the same organisation should maintain suitable item-wise lists and
project an 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 shall examine, possible at any point of time to check
count, measure or weigh the materials the actual balances with the book
as the case may be, to ensure that the balances.
quantities are correct, the quality is in The form of the stock accounts
line with the required specifications mentioned above shall be determined
and there is no damage or deficiency with reference to the nature of the
in the materials. An appropriate
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Procurement of goods during mobilization and military operations is governed by special rules and orders issued by the government. These regulations ensure that procurement aligns with strategic and logistical needs during such times and are adjusted as necessary by the government .
The Central Purchase Organisation assists ministries or departments lacking procurement expertise by facilitating procurements. It evolves standard forms for indents and manages rate contracts with suppliers for common-use items .
Bids must be evaluated based on segregation, ranking, and responsiveness. The most suitable bidder is then selected for contract placement, ensuring compliance with initial conditions and specifications .
The rules stipulate several measures for transparency and fairness, including public opening of bids, provision for bid rejection reasons to bidders, and establishing clear specifications for required goods. Additionally, provision for dispute resolution in the bidding document is mandated .
Single-source selection is appropriate in emergencies, natural continuations of prior work, projects involving proprietary techniques, and when only one consultant possesses the necessary expertise, provided justifications are thoroughly documented and approved .
Any modifications or clarifications that materially affect terms must be published or communicated in the same manner as the original document. Also, potential bidders must be allowed extra time if needed to consider these changes when submitting bids .
Registered suppliers must abide by the terms and conditions of registration, deliver goods timely and to standard, and must not make false declarations. If they fail to meet these, they can be removed from the approved list .
Advance payments can be made under certain conditions such as maintenance contracts and fabrication contracts, with limits of 30% for private firms and 40% for government agencies or PSUs. Adequate safeguards such as bank guarantees must be obtained .
Late bids are to be rejected automatically if received after the specified deadline, ensuring fairness and adherence to deadlines despite any external or subjective pressures .
Departments must procure electrical appliances with at least the threshold or higher star ratings as notified by the Bureau of Energy Efficiency, ensuring energy conservation in government operations .