See Full Document Text
Manual for Procurement
of
Non-Consultancy services
(2025)
Government of India
Ministry of Finance
Department of Expenditure
iPreface
1. Compliance: This Manual adheres to the relevant laws, GFR, and clarifications/ OMs
issued by the Procurement Policy Division, Department of Expenditure, Ministry of Finance
(‘the Ministry’) up to April 2025. In case of inconsistencies between this Manual and
prevailing law or GFR, the extant law and GFR shall prevail. However, the provisions of
this Manual shall prevail in case of discrepancies with the clarifications/ OMs issued till
March April 2025 by the Ministry. Procuring entities are advised to stay informed about
any further changes in the relevant law, GFR, and clarifications/ OMs from the Ministry.
2. Interpretation:
a) Any mention of writing or writing includes matter in digital communications
(including email), manuscript, typewritten, lithographed, cyclostyled,
photographed, or printed—under or over signature or seal or digitally acceptable
authentication, as the case may be.
b) Words in the singular include the plural and vice-versa. Words importing the
masculine gender shall be taken to include other genders. Words importing
persons include any company or any association/ body of individuals/ companies
and vice-versa.
c) Any reference to any legal Act, Government Policies or orders shall be deemed to
include all amendments to such instruments, from time to time, till date.
d) Sentences containing ‘may’ are to be considered desirable or good practices that
procuring entities are encouraged to implement.
e) Sentences containing ‘should’/ ‘shall’ are required to be followed.
f) Sentences containing “allowed” indicate an optional course of action to be decided
upon on merits.
3. Manual for Procurement of Goods as a Comprehensive Reference: The ‘Manual for
Procurement of Goods, 2024’ is written to be a comprehensive reference. Other Manuals
(Works, Consultancy, and Non-consultancy Services) are self-sufficient from the point of
carrying out a procurement; however, common topics relevant for a deeper understanding
of the fundamentals of procurement are included only in brief in these manuals, giving
reference to relevant details in the ‘Manual for Procurement of Goods, 2024’.
4. Manuals and Model Tender Documents: Model Tender Documents (MTD) for
Procurement of Goods and Non-consultancy Services were issued in 2021, and those for
Consultancy Services were issued in 2023. These complement the respective
procurement manuals since the MTDs contain additional details on many topics that the
Manuals can accommodate. Therefore, Procuring Officials are urged to read both Manuals
and MTDs in tandem for better understanding.
5. Annexures: To maintain an uninterrupted flow of text on a topic, annexures contain
voluminous details from various orders/websites. Since these orders/ websites undergo
frequent revision, updating the annexures would be easier than updating the body of the
Manual.
6. An attempt has been made in this edition of Manuals to illustrate some topics with relevant
examples.
vManual for Procurement of Non-Consultancy Services, 2025
Table of Contents
FOREWORD ........................................................................................................................ iii
Preface ................................................................................................................................. v
Table of Contents ................................................................................................................. vii
Acronyms ..............................................................................................................................x i
Procurement Glossary ........................................................................................................ xiii
Chapter 1: Introduction to Procurement of Non-consultancy Services ................................... 1
1.1. Procurement Rules and Regulations; and this Manual ............................................ 1
1.2. Clarification, Amendments and Revision of this Manual .......................................... 2
1.3. Applicability of this Manual ...................................................................................... 2
1.4. Categorisation of procurements .............................................................................. 4
1.5. Authorities Competent to incur Expenditure on a Procurement ............................... 6
1.6. Basic Aims of Procurement – Five ‘R’s of Procurement .......................................... 7
1.7. Refined Concepts of Cost and Value – Value for Money ......................................... 7
1.8. Fundamental Principles of Public Procurement ....................................................... 7
1.9. Public Procurement Infrastructure at the Centre ..................................................... 8
1.10. Preferential/ Mandatory Purchase from certain sources ...................................... 8
1.11. When is Procurement of Non-Consultancy Service justified .............................. 29
1.12. Principles for Public Procurement of NC Services ............................................. 30
1.13. Legal Aspects Governing Public Procurement of Services ................................ 30
1.14. The Law of Agency – applicable to Procurement of Non-consultancy services .. 30
1.15. Public Procurement Cycle in Procurement of Services ...................................... 30
1.16. Nomenclature Conundrum ................................................................................ 31
Chapter 2: Need assessment and Procurement Planning ................................................... 33
2.1. Need Assessment ................................................................................................. 33
2.2. Procurement Proposal (Concept Paper) for Non-Consultancy services ................ 33
2.3. Preparation of Services and Activities Schedules ................................................. 34
2.4. Developing a Procurement Plan ............................................................................ 39
Chapter 3: Participation of Bidders and Governance Issues ................................................ 43
3.1. Eligibility Criteria for Participation in Tender Process ............................................ 43
3.2. Legal Status of Bidders ......................................................................................... 44
3.3. Governance Issues in Procurement of Services .................................................... 46
3.4. Integrity Pact (IP) .................................................................................................. 49
3.5. Grievances and its Redressal: .............................................................................. 50
3.6. Conduct of Public Servants in Public Procurement – Risks and Mitigations .......... 51
viiTable of Contents
3.7. Development of New Sources and Registration/ Empanelment/ Pre-qualification of
Firms 54
3.8. Debarment of Service Providers ........................................................................... 55
3.9. Enlistment of Indian Agents .................................................................................. 61
Chapter 4: Bidding Design for Non-Consultancy Services ................................................... 63
4.1. Admeasurement of Services ................................................................................. 63
4.2. Types of Contracts: ............................................................................................... 65
4.3. Systems of Selection of service providers ............................................................. 70
4.4. Modes of Procurement .......................................................................................... 78
4.5. Tendering Systems ............................................................................................... 80
4.6. Channels of Procurement ..................................................................................... 81
Chapter 5: Bid Invitation Process ........................................................................................ 85
5.1. Preparation and Uploading/ Floating of Tender Documents .................................. 85
5.2. Obtaining Tender Documents and Submitting Bids ............................................... 94
5.3. Opening of Bids .................................................................................................... 99
5.4. Transparency and Protecting Third-Party Rights of Bidders ................................ 101
5.5. Bidding Invitation Process- Risks and Mitigations ............................................... 101
Chapter 6: Forms of Securities, Prices, Payment Terms and Price Variations .................. 103
6.1. Forms of Security ................................................................................................ 103
6.2. Payment Clause ................................................................................................. 107
6.3. Terms of Payment............................................................................................... 108
6.4. Advance Payment ............................................................................................... 108
6.5. Firm Price, and Variable Price ............................................................................ 110
6.6. Statutory Taxes/ Duties/ Levies........................................................................... 112
6.7. Recovery of Public Money from Service Provider’s Bill ....................................... 114
6.8. Payment against Time Barred Claims ................................................................. 114
Chapter 7: Bid Evaluation and Award of Contract ............................................................. 115
7.1. Bid Evaluation Process ....................................................................................... 115
7.2. Composition and Role of Tender Committee (TC)............................................... 116
7.3. Preliminary and Techno-commercial Evaluation ................................................. 121
7.4. Financial Evaluation ............................................................................................ 126
7.5. Award of Contract ............................................................................................... 136
7.6. Evaluation of Bids and Award of Contract – Risks and Mitigation ........................ 140
Chapter 8: Special Types of Non-Consultancy Procurements ........................................... 143
8.1. Expression of Interest (EoI) for Shortlisting of Service Providers ......................... 143
8.2. Single Source Selection (SSS)............................................................................ 146
8.3. Selection of Individual service providers ............................................................. 147
viiiManual for Procurement of Non-Consultancy Services, 2025
8.4. Selection of Specialized Agencies/ Institutions .................................................... 148
8.5. Selection of Non-governmental Organizations (NGO) ......................................... 148
8.6. Procurement Agents ........................................................................................... 149
8.7. Inspection Agents ............................................................................................... 149
8.8. Housekeeping Services: ..................................................................................... 149
8.9. Manpower Outsourcing Services ........................................................................ 150
8.10. Private Security Manpower Services ............................................................... 150
8.11. Vehicle Hiring for Office Use ............................................................................ 151
8.12. Procurement of IT Hardware as a Service (HaaS) ........................................... 152
Chapter 9: Monitoring Non-consultancy Services Contract................................................ 155
9.1. Contract Management ........................................................................................ 155
9.2. Contract Administration ....................................................................................... 156
9.3. Controlling Scope of Supply and Performance Standards ................................... 163
9.4. Time Control ....................................................................................................... 164
9.5. Cost Control: Billing and Payments ..................................................................... 169
9.6. Concluding the Assignment and Post Contract review ........................................ 174
9.7. Disputes and Conflicts ........................................................................................ 175
9.8. Terminating Services Prior to End of Contract .................................................... 190
9.9. Monitoring of NC Services Contracts – Risks and Mitigation ............................... 192
ANNEXURE ...................................................................................................................... 195
Annexure 1: Financial Powers to Sanction Expenditure for Purchases and Execution of
Contracts .......................................................................................................................... 197
Annexure 2: Suggested Structure of Schedule of Procurement Powers (SoPP)................ 199
Annexure 3: Format of Procurement Proposal .................................................................. 202
Annexure 4: Services and Activities Schedule for Non-consultancy Services .................... 204
Annexure 5: Bid Opening Attendance Sheet cum Report .................................................. 206
Annexure 6: Tender Committee Minutes Format for Non-Consultancy Services ............... 207
Annexure 7: Certificate for Procurement of Non-consultancy services without Quotation .. 210
Annexure 8: Purchase Committee Certificate for Procurement of Non-consultancy services.
......................................................................................................................................... 211
Annexure 9: Limited Tender Form ..................................................................................... 212
Annexure 10: Example of Formula for Price Variation Clause ........................................... 215
Annexure 11: Model Clause/ Certificate to be inserted in tenders etc. w.r.t Order (Public
Procurement No.4) ............................................................................................................ 217
Annexure 12: Integrity Pact Format ................................................................................... 220
Annex-1 to Annexure 12: Integrity Pact - Guidelines for Indian Agents of Foreign Service
Providers ........................................................................................................................... 224
Annex-2 to Annexure 12: Integrity Pact – Appointment and Role of IEMs ......................... 225
Annexure 13: FAQs in Respect of Public Procurement Policy for MSEs Order, 2012 ....... 228
ixTable of Contents
Annexure 14: Invitation and Declaration for Negotiations .................................................. 235
Annexure 15: Format of Revised Offer in Negotiations...................................................... 236
Annexure 16: Letter (Notification) of Award (LoA) of Contract ........................................... 237
Annexure 17: Proposal for Extension of Delivery Period ................................................... 238
Annexure 18: Format for Extension of Delivery Period/ Performance Notice ..................... 240
Annexure 19: Model Format for Correspondence with Service Provider after Expiry of Delivery
Date .................................................................................................................................. 242
Annexure 20: No Claim Certificate .................................................................................... 243
Annexure 21: Guidelines for Evaluation of Concurrent Application of the MSE and MII
Preferences ...................................................................................................................... 244
Annex to Annexure 21: Examples of Evaluation of Concurrent Application of the MSE and MII
Preferences ...................................................................................................................... 247
Annexure 22: FAQs About PPP-MII Order, 2017 .............................................................. 255
Annexure 23: Format for Show-cause Notice for Debarment ............................................ 258
Annexure 24: Format for Debarment Order ....................................................................... 260
Annexure 25: Format of Declaration by the Appointed Arbitrator ....................................... 262
xManual for Procurement of Non-Consultancy Services, 2025
Acronyms
The following acronyms are used throughout this Manual.1:
AMRCD Administrative Mechanism EoI Expression of Interest (Tender) –
for Resolution of CPSEs see also REoI
AITB Additional Instructions to Bidders EPF Employee Provident Fund
BG Bank Guarantee ESI Employee State Insurance
BNS Bhartiya Nyaya Sanhita (BNS), FA Framework Agreement (Forward
2023 (see IPC also) Auction, Financial Adviser)
BOC Bid Opening Committee FA (& CAO) Financial Adviser (and Chief
BOQ “Bill of Quantities” (refers to the Accounts Officer)
Price Schedule in Excel sheet) FM Force Majeure
BSD Bid Securing Declaration (in lieu of GCC General Conditions of Contract
Bid Security, if permitted) GeM Government e-Marketplace
CA (CFA) Competent Authority GFR General Financial Rules, 2017
(Competent Financial Authority)
GST (CGST/ IGST/ SGST) (Central/
CBI Central Bureau of Investigation Integrated/ State) Goods and Services Tax
CCI Competition Commission of India GSTIN GST Identification Number
CEO Chief Executive Officer GTE Global Tender Enquiry
CIPP Code of Integrity for Public H-1 Highest Scoring Bidder
Procurement
HSN Harmonized System of
CMC Contract Monitoring Committee Nomenclature
CMD (MD) Chairman and Managing ICB International Competitive Bidding
Director (Managing Director)
IEM Independent External Monitor
COI Conflict of Interest
IFD Integrated Finance Department
CPPP Central Public Procurement Portal
IoT Internet of Things
CPSE Central Public Sector Enterprise
IPC Indian Penal Code, 1860 (This law
CVC Central Vigilance Commission has been replaced by Bhartiya Nyaya
CVO Chief Vigilance Officer Sanhita (BNS), 2023 from 1st July 2024)
DFPR Delegation of Financial Power IPR Intellectual Property Rights
DoE Department of Expenditure ISO International Organization for
(Ministry of Finance) Standardization
DPIIT Department for Promotion of ITB Instructions to Bidders (may in
Industry and Internal Trade some instances be called Instructions to
DSC Digital Signature Certificate Tenderers - ITT)
E-BG Electronic Bank Guarantee JV Joint Venture (Consortium)
EMD Earnest Money Deposit L1 is the lowest acceptable bid that is
techno-commercially responsive for the
supply of a bulk quantity.
1
The main acronym is listed first, and alternatives are listed in bracket thereafter. Alternative meanings in certain
contexts, if any, are listed in the brackets, after main meaning. Acronyms within brackets is not considered for
sort-order.
xiAcronyms
LCC Life Cycle Cost QCBS Quality and Cost Based Selection
LCS Least Cost System RBI Reserve Bank of India
LD Liquidated Damages RCM Reverse Charge Mechanism
LoA Letter (Notification) of Award (also REoI Request for Expression of Interest –
called Letter of Intent (LoI, in some see also EoI
contexts) RfP (SRfP) Request for Proposals
LTE Limited Tender Enquiry (Standard Request for Proposals) –
MHA Ministry of Home Affairs Document
MII Make in India (Order) RTGS Real Time Gross Settlement
MoF Ministry of Finance RTI Right to Information (Act)
MSA Mediated Settlement Agreement SCC Special Conditions of Contract
MSE Micro and Small Enterprise SD Security Deposit - also see PBG
MSME(D) Micro Small and Medium SFMS Structured Financial Messaging
Enterprises (Development Act, 2006) System
MSP Mediation Service Provider SLA Service Level Agreement
MTD (SBD) Model Tender Document SLTE Special Limited Tender Enquiry
(Standard Bid Document) SoPP Schedule of Procurement Powers
NCB National Competitive Bidding SoR Schedule of Rates
NGO Non-Government Organisation SSS/ STE Single Source Selection/
NIC National Informatics Centre Single Tender Enquiry
NIT Notice Inviting Tender TC (TPC/ TEC) Tender Committee,
also called Tender Purchase Committee/
NSCS National Security Council
Tender Evaluation Committee
Secretariat
TCO Total Cost of Ownership – also see
OTE Open Tender Enquiry
WOL
PAN Personal Account Number
TCS Tax Collected at Source
PBG Performance Bank Guarantee - as
TDS Tax Deducted at Source
performance security - also see SD.
TIA Tender Inviting Authority
PPD Procurement Policy Division - under
the Department of Expenditure, Ministry of TOR Terms of Reference
Finance ToT Transfer of Technology
PPP-MII Public Procurement UAM2 Udyam Aadhaar Memorandum
(Preference to Make in India), Order
UIN Unique Identity Number
PQB Prequalification Bidding URC Udyam Registration Certificate
PQC Pre-qualification Criterion URDG Uniform Rules for Demand
PSARA Private Security Agencies Guarantees
Regulation Act, 2005
VfM (Best) Value for Money
PSICs Public Sector Insurance WOL Whole of Lice (Cost) – also see
Companies
TCO
PSU Public Sector Undertaking
PVC Price Variation Clause
2
replaced by Udyam Registration Certificate (URC
w.e.f. 01.07.2020)
xiiManual for Procurement of Non-Consultancy Services, 2025
Procurement Glossary
Unless the context dictates otherwise, the following definitions shall apply throughout this
Manual.3:
1. “Agent” is a person, or a legal entity employed to act for/ represent another (called the
Principal) in dealings with a third person or legal entity. In public Procurement, an Agent is
a representative participating in the Tender Process or executing a Contract for and on
behalf of its principals.
2. “Allied firm” (including ‘affiliates’/ ‘affiliated firm’, ‘sister concern’, ‘associated firm’, or
‘related party’ in certain contexts) of a bidder/ contractor (Principal firm, including Joint
Venture Company) is a firm/ concern (including Joint Venture Company) that comes within
the sphere of effective control/ influence of the principal firm, wherein the Principal Firm –
i) being a proprietary firm, owns the Allied Firm, ii) being a partnership firm, has common
(all or majority of) partners, or any one of its partners has profit share of 20% or more, in
the Allied Firm iii) has common Management (say majority of director) with the Allied firm;
iv) its partners or directors have a majority interest in the management of the Allied Firm;
v) has a controlling voice by owning substantial (20% or more) shares in the Allied Firm;
vi) directly or indirectly controls or is controlled by or is under common control, by way of
any agreement/ MoU or otherwise with the Allied Firm, v) has the Allied Firm as its
successor/ subsidiary or vice-a-versa; vii) has common offices/ manufacturing facilities
with the Allied Firm;
3. "Bid" (including ‘tender,’ ‘offer,’ ‘quotation’ or ‘proposal’ in certain contexts) means an offer
to supply goods, services or execution of works made in accordance with the terms and
conditions set out in a document inviting such Bids;
4. "Bidder" (including ‘consultant’, ‘tenderer’, ‘contractor’, supplier or ‘service provider’ in
certain contexts) means any eligible person, firm, or company, including a consortium (that
is, an association of several persons, firms, or companies) participating in a procurement
process with a procuring entity;
5. "Bidder registration document" means a document issued by a Procuring Entity, including
any amendment thereto, that sets out the terms and conditions of registration proceedings
and includes the invitation to register;
6. "Bid security" (‘Earnest Money Deposit’(EMD), or ‘Bid Security Declaration’ in certain
contexts) means security from a bidder securing obligations arising from its Bid, i.e., to
avoid: the withdrawal or modification of its Bid within the validity, after the deadline for
submission of such Bids ; failure to sign the resulting contract or failure to provide the
required security for the performance of the resulting contract after its Bid has been
accepted; or failure to comply with any other condition precedent to signing the contract
specified in the solicitation documents;
7. “Bill of Quantities” (including ‘Price Schedule’, ‘Financial Bid’ or ‘BOQ’ in certain contexts)
means the priced and completed Bill of Quantities forming part of the bid;
3
The main preferred term is within the inverted comma. Alternative equivalent terms used in certain contexts, if
any, are listed in the brackets. Text within brackets is not considered for sort-order of terms.
xiiiProcurement Glossary
8. “Central Public Sector Enterprise” (CPSE or CPSU) means a body incorporated under the
Companies Act or established under any other act in which the Central Government or
other CPSEs have a majority ownership of 51% or more;
9. “Class-I local supplier” means a supplier or service provider whose goods, services or
works offered for procurement meets the minimum local content as prescribed for ‘Class-
I local supplier’ under the Public Procurement (Preference to Make in India), Order 2017(as
revised in 2024)4;
10. “Class-II local supplier” means a supplier or service provider whose goods, services or
works offered for procurement meets the minimum local content as prescribed for ‘Class-
II local supplier’ but less than that prescribed for ‘Class-I local supplier’ under the Public
Procurement (Preference to Make in India), Order 2017(as revised in 2024)5;
11. “Competent authority” (or Competent Financial Authority) means an authority to which
powers of approval in various stages of the procurement process or execution of a
resultant contract are delegated by or under General and Financial Rules (GFR),
Delegation of Financial Power Rules (DFPR), Schedule of Procurement Powers (SoPP)
or any other general or special orders issued by the Government of India;
12. “Consultancy services” means a one-off (that is, not repetitive and not routine) services
involving project-specific intellectual and procedural processes using established
technologies and methodologies, but the outcomes – which are primarily of a non-physical
nature – may not be standardised and would vary from one consultant to another. It may
include small works or supply of goods that are incidental or consequential to such
services; (Rule 177 of GFR 2017)
13. “Contract” (including ‘Procurement Contract', ‘Purchase Order’, ‘Supply Order’,
‘Withdrawal Order,’ ‘Work Order’, ‘Consultancy Contract’, ‘Contract for Services’, ‘Rate
Contract’, ‘Framework Agreement’, ‘Letter of Award, ‘Agreement’, ‘Repeat Order’, or a
‘Formal Agreement’ in certain contexts), means a formal legal agreement in writing relating
to the subject matter of Procurement, entered into between the Procuring Entity and the
supplier, service provider or contractor on mutually acceptable terms and conditions and
which are in compliance with all the relevant provisions of the laws of the Country;
14. “Contractor” (including ‘Supplier’ or ‘Service Provider’ or ‘Consultant’ or ‘Firm’ or ‘Vendor’
or ‘Manufacturer’ or ‘Successful Bidder’ in certain contexts) means the person, firm, or
company, including a consortium (that is, an association of several persons or firms or
companies - Joint Venture/ consortium) with whom the contract is entered into and shall
be deemed to include the contractor's successors (approved by the Procuring Entity),
agents, subcontractor, representatives, heirs, executors, and administrators as the case
may be unless excluded by the terms of the contract;
15. “Contract Value” (or Contract Price) means the full and final monetary amount that the
procuring entity is obligated to pay to the contractor under the terms of the contract,
ensuring that no additional costs are incurred beyond the agreed sum. It is an all-inclusive
figure that covers the base price of the goods, services, or works being procured, along
with all applicable taxes/ surcharges (such as Goods and Services Tax – GST etc),
4 Notified vide Order No. P-45021/2/2017-PP (BE-ll)-Part(4)Vol.ll issued by Department of Promotion of Industry
and Internal Trade dated 19.07.2024
5 Notified vide Order No. P-45021/2/2017-PP (BE-ll)-Part(4)Vol.ll issued by Department of Promotion of Industry
and Internal Trade dated 19.07.2024
xivManual for Procurement of Non-Consultancy Services, 2025
customs duties, freight, transportation, installation, commissioning, warranties,
maintenance, and any other incidental charges;
16. “e-Procurement” means the use of information and communication technology (especially
the internet) by the procuring entity in conducting its procurement processes with bidders
for the acquisition of goods (supplies), works and services with the aim of open, non-
discriminatory, and efficient Procurement through transparent procedures;
17. "Goods" (including ‘Stores’, Item(s) or ‘Material(s)’ in certain contexts) includes all articles,
materials, commodities, livestock, medicines, furniture, fixtures, raw materials,
consumables, spare parts, instruments, hardware, machinery, equipment, industrial plant,
vehicles, aircraft, ships, railway rolling stock, assemblies, sub-assemblies, accessories, a
group of machines comprising an integrated production process or intangible products
(e.g. technology transfer, licenses, patents, software or other intellectual properties) but
excludes books, publications, periodicals, etc., for a library, procured or otherwise acquired
by a procuring entity. Procurement of goods may include certain small work or some
services that are incidental or consequential to the supply of such goods, such as
transportation, insurance, installation, commissioning, training, and maintenance (Rule
143 of GFR 2017);
18. “Indentor” (‘User (Department)’) means the entity and its officials assessing the need for
procurement and initiating a procurement indent, that is, a request to the procuring entity
to procure goods, works or services specified therein.
19. “Inspection” means activities such as measuring, examining, testing, analysing, gauging
one or more characteristics of the goods or services or works, and comparing the same
with the specified requirement to determine conformity.
20. “Inspecting Officer” means the person or organisation stipulated in the contract for
inspection under the contract and includes his/ their authorised representative(s).
21. “Intellectual Property Rights” (IPR) refers to the owner’s rights against unauthorised
possession/ exploitation by others of its tangible or intangible intellectual property. It
includes rights to Patents, Copyrights, Trademarks, Industrial Designs, and Geographical
indications (GI).
22. "Invitation to (pre-)qualify" means a document including any amendment thereto published
by the Procuring Entity inviting offers for pre-qualification from prospective bidders;
23. "Invitation to register" means a document including any amendment thereto published by
the Procuring Entity inviting offers for bidder registration from prospective bidders;
24. “Letter of Award” (including ‘Letter of Intent’ or ‘Notification of Award’ in certain contexts)
means the letter or memorandum communicating to the contractor the acceptance of his
bid for award of the contract;
25. “Local Content” means the amount of value added in India which shall, unless otherwise
prescribed by the Nodal Ministry, be the total value of the item procured (excluding net
domestic indirect taxes) minus the value of imported content in the item (including all
customs duties) as a proportion of the total value, in percent;
26. "Model Tender (Bidding) Document(s)" (including the term ‘tender (enquiry) documents’ or
‘Request for Proposal Documents’ – RfP documents, or ‘Standard Bidding Documents’ -
SBD in certain contexts) means a document issued by the procuring entity, including any
amendment thereto, that sets out the terms, conditions of the given procurement, and
includes the invitation to bid. A Model (Standard) Tender (Bidding) Document is the model
xvProcurement Glossary
template to be used for preparing a Tender Document after making suitable changes for
specific procurement;
27. “Non-consultancy services” (or ‘Outsourcing of Services’) are defined by exclusion as
those services that cannot be classified as Consultancy Services. These involve routine,
repetitive physical, procedural, and non-intellectual outcomes for which quantum and
performance standards can be clearly identified and consistently applied and are bid and
contracted on such basis. It may include small works or a supply of goods or Consultancy,
which are incidental or consequential to such services; (Rule 197 of GFR 2017)
28. “Non-Local supplier” means a supplier or service provider whose goods, services or works
offered for procurement has local content less than that prescribed for ‘Class-II local
supplier’ under the Public Procurement (Preference to Make in India), Order 2017(as
revised in 2024)6;
29. "Notice inviting Tenders" (including ‘Invitation to Bid’ or ‘Request for Proposals’ in certain
contexts) means a document and any amendment thereto published or notified by the
procuring entity, which informs the potential bidders that it intends to procure the subject
goods, services, works or a combination thereof;
30. “Outsourcing of Services” means deployment of outside agencies on a sustained long-
term (for one year or more) for the performance of Non-consultancy services, which were
traditionally being done in-house by the employees of Ministries/ departments (e.g.
Security Services, Horticultural Services, Janitor/ Cooking/ Catering/ Management
Services for Hostels and Guest Houses, Cleaning/ Housekeeping Services, Errand/
Messenger Services, and so forth). Besides outsourcing, Non-consultancy services also
include procurement of short-term stand-alone services;
31. “Parties” means the parties to the contract are the Contractor and the Procuring Entity, as
defined therein;
32. “Performance Security” (including ‘Security Deposit’ or ‘Performance Bond’ or
‘Performance Bank Guarantee’ or other specified financial instruments in certain contexts)
means a monetary guarantee to be furnished by the successful Bidder or Contractor in the
form prescribed for the due performance of the contract;
33. “Place of Supply” means the specific location where Goods are delivered to the Buyer,
taken on board a conveyance, or otherwise supplied; and where Services or Works are
performed or executed during the term of the Contract. This location is crucial not only for
determining the time of completion of such delivery, performance, or execution but also for
ensuring compliance with relevant tax laws and other regulations applicable to its
jurisdiction.
34. "Pre-qualification (bidding) procedure" means the procedure set out to identify, prior to
inviting bids, the bidders that are qualified to participate in the procurement;
35. "Pre-qualification document" means the document including any amendment thereto
issued by a Procuring Entity, which sets out the terms and conditions of the pre-
qualification bidding and includes the invitation to pre-qualify;
36. "Procurement" (including public procurement, ‘Government Procurement’, ‘Public-Private
Partnership’ in certain contexts) means acquisition by way of purchase, lease, license or
otherwise, either using public funds or any other source of funds (e.g. grant, loans, gifts,
6 Notified vide Order No. P-45021/2/2017-PP (BE-ll)-Part(4)Vol.ll issued by Department of Promotion of Industry
and Internal Trade dated 19.07.2024
xviManual for Procurement of Non-Consultancy Services, 2025
private investment etc.) of goods, works or services or any combination thereof, by a
procuring entity, whether directly or through an agency, but does not include any
acquisition of goods, works or services without consideration, and the term "procure" or
"procured" or “purchase”/ “purchased” shall be construed accordingly;
37. “Procurement Officer” means the officer signing the Letter of Award (LoA) and/or the
contract on behalf of the Procuring Entity;
38. “(Public) Procurement Guidelines” means guidelines applicable to Public Procurement,
comprising a hierarchy of Statutory framework, Rules and Regulations, Manuals of
Procurement and Procurement Documents as detailed in Annexure 1 of the Manual for
Procurement of Goods, 2024;
39. "Procurement Process" means the process of Procurement extending from the
assessment of need, Bid Invitation Process, Bid Evaluation and Award of Contract to the
Contract Management. It also covers the issue of invitation to pre-qualify or to register or
to bid, as the case may be;
40. “Procuring Authority” means the officer who finally approves and those officials and
committee members (including Associated/ Integrated Finance, technical departments,
besides any other) who submit the notes/ reports to approve any decision;
41. "Procuring Entity" (or Public Authority or Employer) means the entity in any Ministry or
Department of the Central Government or a unit thereof or its attached or subordinate
office or CPSE to which powers of Procurement have been delegated and handles the
entire procurement process, ensuring efficiency, transparency, fair treatment of suppliers,
and the promotion of competition. It may partly or fully outsource its procurement process
to ‘Procurement Agent/ Agency’ or ‘Project Management Consultant/ Agency’;
42. “Procuring Organisation” (or Public Entity/ Authority) means the Organisation for which the
procurement is done to fulfil its stated objectives, assigned duties/ obligations/
responsibilities/ functions, and activities in alignment with desired policy outcomes;
43. "Prospective bidder" means anyone likely or desirous to be a bidder;
44. "Public Private Partnership" means an arrangement between a public entity, on one side,
and a private sector entity, on the other, for the provision of public assets or public services
or both, or a combination thereof, through investments being made or management being
undertaken by the private sector entity, for a specified period, where there is predefined
allocation of risk between the private sector and the public entity and the private entity
receives performance-linked payments that conform (or are benchmarked) to specified
and predetermined performance standards, deliverables or Service Level agreements
measurable by the public entity or its representative;
45. "Rate contract" (or ‘framework agreement’) means an agreement between a Central
Purchase Organisation or a procuring entity with one or more bidders, valid for a specified
period, which sets out terms and conditions under which specific procurements can be
made during the term of the agreement and may include an agreement on prices which
may be either predetermined or be determined at the stage of actual Procurement through
competition or a predefined process allowing their revision without further competition;
46. “Registering authority” is an authority that registers bidders for various procurement
categories;
47. "Registered Supplier (Service Provider)" means any supplier who is on a list of registered
suppliers of the Procuring Entity or a Central Purchase Organisation;
;
xviiProcurement Glossary
48. "Reverse auction" (or ‘Electronic reverse auction’) means an online real-time purchasing
technique utilised by the procuring entity to select the successful bid, which involves
presentation by bidders of successively more favourable bids during a scheduled period
and automatic evaluation of bids;
49. “Scheduled Bank” means a bank as defined in section 2(e) of the Reserve Bank of India
Act, 1934 and listed in Schedule 2 thereof;
50. "Service" means any subject matter of Procurement that has non-tangible outputs, as
distinguished from goods or works, except those incidental or consequential to the service,
and includes physical, maintenance, professional, intellectual, training, Consultancy and
advisory services or any other service classified or declared as such by a procuring entity
but does not include the appointment of an individual made under any law, rules,
regulations, or order issued in this behalf. It includes ‘Consultancy Services’ and ‘Other
(Non-consultancy) Services’;
51. “Special Conditions of Contract” (SCC) means Special Conditions that override the
General Conditions if and to the extent of the conflict between the two;
52. "Subject Matter Of Procurement" means any object of Procurement, whether in the form
of goods, services or works or a combination thereof;
53. ‘Tender Document’ means the document (including all its sections, appendices, forms,
formats, etc. and various terms prevalent for such documents) published by the Procuring
Entity to invite bids in a Tender Process. The Tender Document and Tender Process may
be generically called “Tender" or "Tender Enquiry", which would be evident from context
without ambiguity;
54. “Tender Process” is the entire process from the publishing of the Tender Document to the
resultant award of the contract;
55. ‘Total Cost of Owning’ - TCO (Life Cycle Costing - LCC, Whole of Life Costing - WOL)
encompasses all costs associated with acquiring (including the price paid to the supplier),
operating, maintaining, and disposing of a product or service. Essentially, the three terms
refer to the cost incurred on a product during its lifetime. However, LCC has evolved
beyond that to consider the cost of the impact of the product on the environment and,
therefore, is mostly used as a tool in Sustainable Public Procurement. WOL is used mostly
in capital-intensive assets, infrastructure projects, and long-term investments, and TCO is
used mostly in procurement of Goods;
56. "Works" refer to any activity with a tangible and physical output sufficient in itself to fulfil
an economic or technical function involving construction, fabrication, repair, overhaul,
renovation, decoration, installation, erection, excavation, dredging, and so on, which make
use of a combination of one or more of engineering design, architectural design, material
and technology, labour, machinery, and equipment. Supply of some materials or certain
services may be incidental or consequential to and part of such works. The term “Works”
includes (i) civil works for roads, railways, airports, shipping ports, bridges, buildings,
irrigation systems, water supply, sewerage facilities, dams, tunnels, and earthworks; and
so on, and (ii) mechanical and electrical works involving fabrication, installation, erection,
repair, and maintenance of a mechanical or electrical nature relating to machinery and
plants; (Rule 130 of GFR 2017)
xviiiManual for Procurement of Non-Consultancy Services, 2025
Chapter 1: Introduction to Procurement of Non-consultancy
Services
1.1. Procurement Rules and Regulations; and this Manual
1. Various Ministries, Departments, attached and subordinate offices, local urban bodies,
public sector enterprises, and other Government (including autonomous) bodies
(hereinafter referred to as ‘Procuring Entities’) spend a sizeable amount of their budget on
the Procurement of goods, works and services to fulfil their stated objectives, assigned
duties/ obligations/ responsibilities/ functions, and activities in alignment with desired
policy outcomes.
2. The Ministries / Departments have been delegated full powers to make their own
arrangements for the procurement of goods and services that are not available on the
government e-marketplace (GeM). These powers must be exercised as per the Delegation
of Financial Power Rules and in conformity with the ‘Procurement Guidelines’ described
below. Common use Goods and Services available on GeM are required to be procured
mandatorily through GeM as per Rule 149 of GFR, 2017.
3. To ensure that these procurements are made by following a uniform, systematic, efficient,
and cost-effective procedure and also to ensure fair and equitable treatment of service
providers, there are guidelines comprising a hierarchy of Statutory framework, Rules and
Regulations, Manuals of Procurement and Procurement Documents as detailed in
Annexure 1 of Manual for Procurement of Goods, 2024 (hereinafter referred as
‘Procurement Guidelines).
4. At the apex of the Statutory framework governing public Procurement is Article 299 of the
Constitution of India, which stipulates that contracts legally binding on the Government
must be executed in writing by officers specifically authorised to do so. The Constitution
also enshrines Fundamental Rights (In particular, Articles 14 – Right to Equality before
Law and 19 (1) (g) – Right to practice any profession, or to carry on any occupation, trade,
or Business) which have implications for Public Procurement. Further, the Indian Contract
Act of 1872 and the Sale of Goods Act of 1930 are significant legislations governing
contracts of sale/ purchase of goods in general. There are other mercantile laws
(Arbitration and Conciliation Act, 1996; Mediation Act, 2023; Competition Act, 2002;
Information Technology Act, 2000; Indian Stamp Act, 1899, etc. as amended from time to
time) that may be attracted in Public Procurement Transactions.
5. In the Central Government, there is no law exclusively governing public procurement.
However, comprehensive Rules and Regulations in this regard are available in the General
Financial Rules (GFR), 2017 (especially chapters 6 to 9); Delegation of Financial Powers
Rules, 2024 (DFPR); Government orders regarding purchase preference/ restrictions like
Public Procurement (Preference to Make in India), Order 2017, facilities to Micro and Small
Enterprises and Start-ups, Restrictions on Entities from a Class of Countries (Rule 144
(xi), GFR 2017) etc.
6. Without purporting to be a comprehensive compendium of all such ‘Procurement
Guidelines’, this Manual is intended to serve as a portal to enter this vast area and draw
attention to basic norms and practices governing public procurement.
1Chapter 1: Introduction to Procurement of Non-Consultancy Services
1.2. Clarification, Amendments and Revision of this Manual
The Procurement Policy Division, Department of Expenditure, Ministry of Finance would be
the nodal authority for this Manual's revision, interpretation, and clarification.
1.3. Applicability of this Manual
1. This manual is applicable to the procurement of "Non-consultancy Services" (including
“Outsourcing of Services”) as defined in the ‘Procurement Glossary section’. For any
circumstances not covered in this manual for procurement of non-consulting services, the
Procuring Entity may refer to the Manual for Procurement of Goods, 2024. (Rule 206 of
GFR, 2017). For the sake of brevity, this Manual refer to some of the sections of the Goods
Manual without reproducing them.
2. Procuring Entities: This Manual shall apply to all Procuring Entities covered by Rule 1 of
GFR, i.e., all Central Government Ministries/Departments, attached and subordinate
bodies. These provisions shall also apply, as per the same rule, to autonomous bodies
except to the extent that the bye-laws of an autonomous body provide separate
procurement guidelines7 that the Government has approved.
3. Statutory Bodies and CPSEs: These guidelines shall also be applicable to bodies
substantially owned or controlled by or receiving substantial financial assistance from the
Central Government (inter-alia, Central Public Sector Enterprises (CPSEs or undertakings,
including their subsidiary companies/ Ventures); Public Sector Banks (PSBs); Public
Sector Insurance Companies (PSICs); Public Sector Financial Institutions (FIs);
Constitutional or Statutory Bodies, Public Academic Institutions (National/ Central
institutes), and Commissions that have been created under the Constitution of India or
specific legislations), except to the extent deviations7 that have been approved by their
competent authority (e.g., Board of Directors)
4. Indian Missions and CPSE Units Abroad: While the applicability of the Manual in the
case of Indian Missions abroad and CPSE Units abroad shall be as per sub-para 2) and
3) above, respectively – the following is clarified:
a) Adopting Financial Limits/ Thresholds in Local Currency: For procurements done
and for use outside India, in the host country’s local currency, Indian Missions and
CPSE units abroad may adopt General Financial Rules (GFR) financial limits/
thresholds of procurements (as mentioned in this Manual at various instances, e.g.,
selection of mode of Procurement etc.) by using latest INR-PPP conversion rates for
the local currency as published by the IMF (International Monetary Fund). For
convenience, such converted limits/ thresholds may be reviewed annually. Even if the
Procurement is to be done in a currency other than the local currency, the applicable
financial limits/ thresholds of procurements shall be in terms of the INR-PPP
conversion rate for the local currency only. If the IMF does not publish the PPP
conversion rate for local currency, then the conversion may be done to the currency
most relevant to that mission/ unit in consultation with the Financial Advisor.
7
Such approved guidelines must retain fundamental provisions relating to the Constitution and Government
instructions relating to Preferential Procurement Policies, GTE and Land Border restriction, General Instructions
on Procurement and Project Management (NO.F.1/1/2021-PPD dtd 20.10.2021)
2Manual for Procurement of Non-Consultancy Services, 2025
The following illustration may be used as guidance:
Financial limits in GFR are to be calculated for the Indian Mission in
Bangladesh, where the relevant local currency is Bangladesh Taka (BT). Let
the PPP conversion rate (as per international dollar) published by the IMF for
INR and BT in a particular year be as follows:
Rs. 22.947 = 1 USD = 31.98 BT
The PPP-based conversion rate for BT/ INR may be calculated as 31.98/
22.947 = 1.394. Thus, a threshold of INR. 25,00,000 (say the threshold for
OTE) would be then 34,85,000 BT.
b) Exemptions: For exemptions from restrictions relating to Global Tenders, bidders from
Land-border countries, and eProcurement for bona-fide procurements and use outside
India by Indian Missions and CPSE Units abroad, please refer to paragraphs 4.3.2-4-
g, 1.11.4-3-f(ii), and 4.17.1-4, respectively, in the Manual for Procurement of Goods,
2024.
5. Portals: GeM portal, CPPP (Central Public Procurement Portal) portal, and various such
platforms of different Organisations carry out a substantial proportion of Public
Procurement. Hence, the procedures for such platforms should generally conform to these
‘Procurement Guidelines.’
6. Outsourced Procurement: These procurement guidelines will continue to apply if these
procuring entities outsource the procurement process, bundle it with other contractual
arrangements, or utilise the services of a procurement support agency or procurement
agents to carry out the Procurement on their behalf.
7. Customisation: This Manual is to be taken as generic guidelines, which are necessarily
broad in nature. Subject to the observance of these generic guidelines, Procuring Entities
are advised to customise these manuals, with the approval of competent authority and
financial concurrence, to suit their local/specialised needs by issuing their own detailed
Manuals (including customised formats); Model Tender Documents; Schedule of
Procurement Powers and Checklists to serve as practical instructions for their officers and
to ensure completeness of examination of cases. For procuring organisations that have
their own detailed manuals or procedure orders, the initiation, authorisation, Procurement,
and execution of contracts undertaken by them shall be regulated by detailed rules and
orders contained in their respective regulations and by other special orders applicable to
them.
8. Exemptions: These procurement guidelines would not apply to procurements by
procuring entities mentioned above for their own use from their subsidiary companies,
including Joint Ventures, where they have a controlling share. Moreover, by a general or
special notification, the Government may permit certain ‘Procuring Entities’ mentioned in
the sub-paras above, considering unique conditions under which they operate, for all or
certain categories of procurement, to adopt detailed approved guidelines for procurement,
which may deviate in some respects but conform with all other essential aspects of these
‘Procurement Guidelines.’
9. Procurements financed by Loans/ Grants extended by International Funding
Agencies:
a) For projects funded by the World Bank, Asian Development Bank, and other
International Funding Agencies (IFA), the Articles of Agreement, with the approval of
the Ministry of Finance, stipulate either the Indian (or State) Government’s own
3Chapter 1: Introduction to Procurement of Non-Consultancy Services
procurement procedures or IFA’s specific procurement procedures to be followed by
the borrowers.
b) These guidelines would not apply to projects funded by the World Bank using the
Investment Project Financing (IPF) instrument and similar instruments of other
International Funding Agencies (IFA), as stipulated under Articles of Agreement, as
mentioned under sub-para-a) above. IFA’s specific procurement procedures shall be
applicable as permitted under Rules 264 of GFR 2017.
c) However, for the projects financed using instruments such as Program-for-Results
(PforR) of the World Bank, and Results-based lending (RBL) of the Asian Development
Bank, and similar instruments of other International Funding Agencies, the application
of these guidelines as expressly agreed in the legal agreements shall be followed.
1.4. Categorisation of procurements
1. Categories: Categorisation of Procurements helps in preparing guidelines for
Procurements and Model Tender Documents, which cater to peculiar contractual
conditions of the categories of procurements. Following are the categories of
procurements (please refer to the definition in the procurement Glossary):
a) Goods.
b) Services
i) Consultancy Services and
ii) Non-consultancy services (NC services)
c) Works
2. Distinctive Features: Normally, such categorisation is clear as per their definition, and
procurement should be done accordingly, following the relevant guidelines and Model
Tender Documents. The boundaries between such categorisation may not be clear-cut
and may overlap. It may neither be possible nor necessary to precisely distinguish between
the categories in overlapping areas. Though simplistic, the main distinguishing factors
between these are:
a) While both Goods and Works lead to tangible outputs (with some exceptions like IPR
materials), yet the main Difference between Goods and Works is that the manufacture
of goods is done in the supplier’s own premises (other than installation/
commissioning), while ‘Works’ is done on the premises of the procuring entity (other
than pre-fabricated components). Works may include incidental ‘Goods’ and vice-
versa.
b) Main Difference Between ‘Goods’ and ‘Works’ on the one hand and ‘Services’ on the
other is the intangibility of outputs of Services.
c) The main difference between consultancy and non-consultancy services is the level of
intellectual inputs, which are predominant in consultancy and not central to non-
consultancy. Another difference is that Non-consultancy services are repetitive and
routine, with measurable and standardised outputs, while Consultancy services are
one-off and non-routine, with outputs that are neither exactly measurable nor
standardised.
3. In case of Doubt: Procurement in cases of doubts about categorisation may be done as
follows:
a) A simpler procurement procedure should be followed in the case of blurred border lines
and grey areas. In case of doubt between:
4Manual for Procurement of Non-Consultancy Services, 2025
i) Goods and works/ NC services/ consultancy, it should be processed as
procurement of goods.
ii) Works and NC service/ consultancy, it should be processed as procurement of
works.
iii) Non-consultancy and Consultancy services, it should be processed as
procurement of non-consultancy services.
b) Procurement of IT Projects should normally be carried out as Procurement of
Consultancy services, as the outcomes/deliverables vary from one service provider to
another. The IT Projects may include:
i) bespoke software development;
ii) Cloud-based services and
iii) Composite IT system integration services involving design, development,
deployment, and commissioning of an IT system, including hardware supply,
software development, bandwidth, and operation/maintenance of the system
for a defined period after go-live, etc.
c) 8 Composite Contracts: Composite contracts may involve mixed elements of
Goods, Works, and Services. For example, in the Procurement of large
machinery, some works and services like Installation, Commissioning, Training,
Annual Maintenance Contract (AMC) or a Comprehensive Maintenance
Contract (CMC), and so on may be incidental to the supply of goods. The
relationship of primacy between the goods element and the works/ services
element may be examined, irrespective of the relative values. A possible
alternative approach could be to have separate but linked contracts for such
elements of Goods, Works, and Services, but implementation may become
challenging. If the primary objective is the Procurement of goods with services/
works being incidental to it, it may be processed as procurement of Goods.
However, if the primary objective is Procurement of Works/ services with
Procurement of goods being incidental, then it should generally be processed
as Procurement of works/ services (as the case may be), irrespective of the
relative values.
i) Procurement of “new product” viz. Mechanical, Electrical or ICT assets, etc, of
the nature of Machinery and Plant with incidental works/ services like
fabrication, installation, erection, commissioning, AMC/CMC should be handled
as procurement of goods, except for procurement of IT Projects as specified
above.
ii) AMC/ CMC of existing Mechanical, Electrical or ICT assets of the nature of
Machinery and Plant should be treated as procurement of Non-Consultancy
Services.
Notes:
1) If the NC services primarily involve construction, fabrication, repair,
maintenance, overhaul, renovation, decoration, installation, erection,
excavation, dredging, and so on, of Civil assets, then it should be handled as
procurement of Works.
8
PPD’s OM No. F6/2/2023-PPD dated 13.01.2023
5Chapter 1: Introduction to Procurement of Non-Consultancy Services
2) Procurement of new mechanical and electrical works (not in the nature of
Machinery and Plant) involving fabrication, installation, or erection of a
mechanical or electrical nature should be treated as procurement of Works if
elements of procurement of Goods are incidental.
3) Repair, renovation, maintenance, overhauling, decoration, AMC/ CMC or
similar work for existing Mechanical, Electrical or ICT assets NOT of the nature
of Machinery and Plant, etc, should normally be handled as procurement of
services.
d) It is possible that, depending on the nature and complexity of the assignment, a task
could be dealt with either as a consultancy or non-consultancy service. In essence, if
the intellectual and advisory part of services is the primary objective (irrespective of
the relative value of this component), the selection needs to be dealt with in
Consultancy mode. For example, if the task is looking at the condition of a dam (for
dam safety) by physically inspecting a dam through underwater observation, this task
is a collection of data using technologies and photography, but the actual analysis is
an intellectual and advisory task and is the primary objective of the assignment.
Therefore, the entire task needs to be dealt with as the selection of a consultant.
1.5. Authorities Competent to incur Expenditure on a Procurement
1. The first step in procurement to procure goods, services, or works involves a formal
decision to procure something along with the exact or approximate expenditure to be
incurred. A Competent authority that is competent to incur expenditure may accord
administrative sanction/ approval to incur expenditure on a specific procurement in
accordance with the Delegation of Financial Rules (DFPR – extracted in Annexure 1) by
following the ‘Procurement Guidelines’ described in this Manual (Rule 145 of GFR 2017).
Each ‘Procuring Entity’ may issue a Schedule of Procurement Powers (SoPP), adding
further details to the broad delegations in the DFPR based on the assessment of risks
involved in different decisions/ approvals at various stages of the Procurement Cycle. A
suggested structure of such SoPP is enclosed as Annexure 2.
2. Being a decision with a financial bearing and hence invariably requires consultation of the
Financial Adviser (unless validly re-delegated within permissible limits or otherwise
permitted by DoE through specific orders). The extent of involvement of the Financial
Adviser and the Integrated Finance (IFD) in subsequent stages of procurement matters
may be based on one of the following procedures (Para 19, Charter for FA, 2023):
a) Normal Procedure: Under this procedure, the concurrence of the Financial Adviser/
IFD shall be required on all procurement matters, except for matters where re-
delegation has been done within the limits permissible under the rules/ general orders/
general instructions of the DoE. Unless a special procedure is approved by the
Secretary of the Department with the concurrence of the DoE, this procedure shall be
followed.
b) Special Procedure: With the prior concurrence of Secretary Expenditure, the
Secretary of the Department may decide on a different level of involvement of the
Financial Adviser /IFD specific to the Department. The procedure will lay out the types/
classes of cases where the Financial Adviser/ Integrated Finance Division’s (IFD)
consultation would be required, which may be in terms of threshold financial limits,
stages in procurement or types of procurement and contracts, viz. consultancy/ non-
consultancy, goods and works contracts etc. or any permutation thereof.
6Manual for Procurement of Non-Consultancy Services, 2025
3. In all procedures, payments under approved contracts shall not require IFD consultation
except in cases where the payments are in relaxation/variation to approved contract
conditions.
1.6. Basic Aims of Procurement – Five ‘R’s of Procurement
In every procurement, public or private, the basic aim is to achieve just the right balance
between costs and requirements concerning five parameters called the five ‘R’s of
procurement. The entire process of procurement (from the time that the need for an item,
facility or service is identified till the need is satisfied) is designed to achieve such a right
balance. Although couched in the jargon of procurement of Goods, it’s equally applicable to
procurement of Consultancy and Non-consultancy services. The term ‘Right’ is used here in
the sense of being ‘optimal balance’:
1. Right quality;
2. Right quantity;
3. Right price;
4. Right time and place; and
5. Right source.
(For more details on the basic aims of procurement, please refer to Chapter 1 and ‘Appendix
1: Advanced Concepts of Value for Money’ of the Manual for Procurement of Goods, 2024).
1.7. Refined Concepts of Cost and Value – Value for Money
The concept of price or cost has been further refined into Total Cost Of Ownership (TCO), Life
Cycle Cost (LCC) or Whole-of-Life (WOL) to consider not only the initial acquisition cost but
also the cost of operation, maintenance, and disposal during the lifetime of the external
resource procured. Similarly, the concept of quality is linked to the need and is refined into the
concept of utility/ value. These two, taken together, are used to develop the concept of Value
for Money (VfM, also called Best Value for Money in certain contexts). VfM means the
effective, efficient, and economical use of resources, which may involve the evaluation of
relevant costs and benefits, along with an assessment of risks, non-price attributes (e.g., in
goods and/or services that contain recyclable content, are recyclable, minimise waste and
greenhouse gas emissions, conserve energy and water and minimise habitat destruction and
environmental degradation, are non-toxic etc.) and/or life cycle costs, as appropriate. Price
alone may not necessarily represent VfM. In public Procurement, VfM is achieved by attracting
the widest competition by way of optimal description of need; development of value-
engineered specifications/ Terms of Reference (ToR); appropriate packaging/ slicing of
requirement; selection of an appropriate mode of Procurement and tendering system. These
advanced concepts are explained in Chapter 1 and ‘Appendix 1: Advanced Concepts of Value
for Money’ of the Manual for Procurement of Goods, 2024.
1.8. Fundamental Principles of Public Procurement
General Financial Rules, 2017 (Rule 144) lay down the Fundamental Principles of Public
Procurement. These principles and other additional obligations of procuring authorities in
public procurement can be organised into five fundamental principles of public procurement,
which all procuring authorities must abide by and be accountable for:
1. Transparency principle;
2. Professionalism principle;
7Chapter 1: Introduction to Procurement of Non-Consultancy Services
3. Broader obligations principle;
4. Extended Legal Responsibilities principle; and
5. Public accountability principle.
(For more details on fundamental principles of public procurement, please refer to Chapter 1
of the Manual for Procurement of Goods, 2024).
1.9. Public Procurement Infrastructure at the Centre
Public Procurement is a complex function, and the infrastructure needed to execute it is
equally complex. In India, the following administrative, oversight, and Digital infrastructure
exist for Public Procurement.
1. Procurement Policy Division
2. Central Public Procurement Portal
3. Government e-Marketplace (GeM)
4. Comptroller and Auditor General (CAG) of India
5. Lokpal/ Lokayukta – Anti-corruption Ombudsman
6. Central Vigilance Commission (CVC)
7. Central Bureau of Investigation (CBI)
(For details about these, please refer to Chapter 1 of the Manual for Procurement of
Goods, 2024).
1.10. Preferential/ Mandatory Purchase from certain sources
The Central Government may, by notification, provide for mandatory procurement of any
goods or services from any category of bidders or provide for preference to bidders on the
grounds of promotion of locally manufactured goods or locally provided services. (General and
Financial Rules, 2017, Rule 153 (iii)).
Note: Before considering any Purchase Preference mentioned below, the Procuring
Entity should check the latest directives for necessary action. The purchase
preference provision shall invariably be part of the Notice Inviting Tender (NIT) and
Instructions to Bidders (ITB).
1.10.1. Public Procurement Policy for Micro and Small Enterprises (MSEs)-
(Rule 153 (ii) of GFR 2017)
1. The Policy: From time to time, the Government of India (Procuring Entity) lays down
procurement policies to help inclusive national economic growth by providing long-term
support to micro and small enterprises and disadvantaged sections of society. The
Procurement Policy for Micro and Small Enterprises, 2012 (amended 2018 and 2021) has
been notified by the Government in the exercise of the powers conferred in Section 11 of
the Micro, Small and Medium Enterprises Development (MSMED) Act, 2006, which is
mandatory to be followed by Central Government Ministries/ Departments/ Public Sector
Undertakings. Details of the policy, along with the amendments issued in 20189 and
2021,10 are available on the MSME website11.
9
http://www.dcmsme.gov.in/Gazette%20Notification.pdf
10
http://www.dcmsme.gov.in/PPP-MSEs%20Order,2012%20Amendment,2022.pdf
11
http://dcmsme.gov.in/pppm.htm.aspx
8Manual for Procurement of Non-Consultancy Services, 2025
2. Eligibility:
a) Micro and Small Enterprises (MSEs) registered under Udyam Registration are eligible
to avail the benefits under the policy.
b) This Policy provides preferential procurement of goods produced and services
rendered by MSEs. Traders, distributors, sole agents, and works Contracts are
excluded from the policy's purview.
i) 12In case of an upward change in terms of investment in plant and machinery
or equipment or turnover or both, and consequent re-classification, an
enterprise shall continue to avail of all nontax benefits of the category (micro,
small, or medium) it was in before the re-classification, for a period of three
years from the date of such upward change. Non-tax benefits include benefits
of various schemes of the Government, including Public Procurement Policy,
Delayed Payments, etc.
ii) MSEs would be treated as owned by SC/ ST or Women entrepreneurs:
1). In the case of proprietary MSE, proprietor(s) are SC /ST or Woman;
2). In the case of partnership MSE, the SC/ ST or Women partners hold at least 51% (fifty-
one per cent) shares in the unit;
3). In the case of Private Limited Companies, SC/ ST or Women promoters hold at least 51%
(fifty-one per cent) share.
3. Applicability and Exemptions:
a) The policy is applicable to Central Government Ministries/ Departments/ Public Sector
Undertakings
b) The policy is not applicable to State Government Ministries/ Departments/ State PSEs,
but they have similar policies applicable in their state.
c) Exemptions: Given their unique nature, defence armament imports shall not be
included in computing the 25 (twenty-five) per cent goal for the Ministry of Defence. In
addition, defence equipment like weapon systems, missiles, etc., shall remain out of
the purview of such a reservation policy. Monitoring of goals set under the policy will
be done, as far as they relate to the Defence sector, by the Ministry of Defence itself
in accordance with suitable procedures to be established by them.
4. Facilities for MSE:
a) Reduced Transaction Costs: To reduce the transaction cost of doing business, MSEs
will be facilitated by providing them tender documents free of cost, exempting MSEs
from payment of earnest money deposits, and adopting e-procurement to bring
transparency in the tender process. However, exemption from paying Performance
Bank Guarantee/ Security Deposit is not covered under the policy.
b) Relaxation in Prior Turnover and Experience: The Procuring Entity may relax the
condition of prior turnover and prior experience for start-up enterprises recognised by
the Department for Industry & Internal Trade (DPIIT), subject to meeting quality &
technical specifications. Startups may be MSEs or otherwise. Such relaxation can be
provided in the case of procurement of works as well. It is further clarified that such
relaxation is not optional but normally has to be ensured, except in case of
procurement of items related to public safety, health, critical security operations and
equipment, etc.) where adequate justification exists for the Procuring Entity not to relax
12
Notified by MSME Ministry vide S.O. 4926(E) dt 18/10/2022
9Chapter 1: Introduction to Procurement of Non-Consultancy Services
such criteria13. The decision of the Procuring Entity in this regard shall be final. Please
also refer to para 1.10.4-2-b), 5.1.9-5 and 7.3.4-2-c). (Rule 173 (i) of GFR 2017).
c) Timely Payments: Chapter V of the MSMED Act, 2006, also has provisions for
ensuring timely payments to the MSE suppliers. The period agreed upon for payment
must not exceed forty-five days from the deemed acceptance of the materials supplied
by the MSEs; in case of any discrepancies in the supplies, then the Procuring Entity
shall raise an objection to the MSE supplier within 15 days from the date of receipt of
materials if such objection is not raised, then it will be taken as deemed acceptance.
For delays in payment, the buyer shall be liable to pay compound interest to the
supplier on the delayed amount at three times the bank rate notified by the Reserve
Bank. For arbitration and conciliation regarding the recovery of such payments and
interests, the Micro and Small Enterprises Facilitation Council has been set up in
various states.
5. Purchase Preference:
a) Under the amended Public Procurement Policy for MSEs, Order 2012, the Central
Government Ministries/ Departments/ Public Sector Undertakings shall procure a
minimum of 25 per cent of their annual value of goods or services from MSEs. (In
accordance with General Financial Rules, 2017, Rule 153-(ii)).
i) The annual goal of procurement from MSEs also includes subcontracts to Micro
and Small Enterprises by large enterprises and consortia of Micro and Small
Enterprises formed by the National Small Industries Corporation. If a
subcontract is given to MSEs, it will be considered as procurement from MSEs.
ii) The annual target of 25% procurement from MSEs is only a minimum. The MSE
purchase preference is mandatory for all procurements (except for exemptions
as per sub-para 3-c above), even after this target is achieved. For example, it
is not permissible for organisations to earmark only some goods/ services to
be procured exclusively from MSEs to achieve the annual target and not apply
MSE procurement preferences to the rest of the goods/services.
b) In tender, if the L1 price is from someone other than an MSE, participating Micro and
Small Enterprises (MSE) quoting prices within a price band of L1+15 (fifteen) per cent
shall be allowed to supply up to 25 (twenty-five) per cent of the total tendered value by
bringing down their price to L1 price. If there is more than one eligible MSE within such
price band who agrees to match the L1 price, the 25 (twenty-five) per cent quantity is
to be distributed proportionately to them
Note: If the procuring entity negotiates with the non-MSE L1 bidder, the price
band (L1+15%) should be calculated based on the original L1 price, not the
lower negotiated price. Such eligible MSE bidders shall be called to match
the new negotiated L1 price as per the procedure mentioned above for
placement of 25% quantity.
i) In case the tender item cannot be split or divided, etc., the MSE quoting a price
within the band L1+15% may be awarded for full/ complete supply of the total
tendered value to MSE, considering the spirit of the Policy for enhancing
Government procurement from MSEs.
13
Notified vide OM No.F.20/2/2014-PPD(Pt.) issued by Department of Expenditure dated 29.09.2016.
10Manual for Procurement of Non-Consultancy Services, 2025
ii) Out of the target of 25% of annual procurement from MSEs (Not in the specific
tender), the sub-target of 4% of annual procurement from MSEs is earmarked
for procurement from MSEs owned by Scheduled Caste (SC)/ Scheduled Tribe
(ST) entrepreneurs, and 3% of annual procurement from MSEs is earmarked
for procurement from MSEs owned by women entrepreneur. However, in the
event of failure of such MSEs to participate in the tender process or meet tender
requirements and L1 price, the 4% sub-target for procurement earmarked for
MSEs owned by SC/ST entrepreneurs and 3% earmarked to women
entrepreneurs will also be met from other MSEs.
6. Developing MSE Vendors: The Central Ministries or Departments or Public Sector
Undertakings shall take necessary steps to develop appropriate vendors by organising
Vendor Development Programmes (VDP) or Buyer-Seller Meets focused on developing
Micro and Small Enterprises (MSEs) for procurement through GeM Portal. To enhance the
participation of MSEs owned by SCs /STs/ Women in Government procurement, Central
Government Ministries/ Departments/ CPSEs should conduct Special Vendor
Development Programmes/ Buyer-Seller Meets for SC/STs and Women MSEs.
7. Policy Implementation:
a) A Review Committee has been constituted under the Chairmanship of the Secretary,
Ministry of MSME, to monitor and review the Public Procurement Policy for MSEs. M/o
MSME will review and/or modify the composition of the Committee as and when
required. This Committee will, inter alia, review the list of 358 items reserved for
exclusive purchase from MSEs on a continuous basis, consider requests from Central
Government Departments CPSEs for exemption from 25 (twenty-five) per cent target
on a case-to-case basis and monitor achievements under the Policy.
b) To monitor the progress of procurement by Central Government Ministries/
Departments and CPSEs from MSEs, the Ministry of MSME launched the MSME
‘Sambandh’14 Portal on 8th December 2017 for uploading procurement details by all
CPSEs on a monthly and an annual basis, which the Ministry regularly monitors.
c) To redress the grievances of MSEs related to non-compliance with the policy, a
Grievance cell named “CHAMPION Portal” has been set up in the Ministry of MSME.
d) Clarifications: The office of the Development Commissioner (Micro, Small & Medium
Enterprises) issued an FAQ15 on the Public Procurement Policy for MSE Order, 2012,
which is in Annexure 13.
1.10.2. Procurement Preference to Make in India
(Rule 153 (iii) of GFR, 2017)
1. Purpose: To encourage ‘Make in India’ and promote manufacturing and production of
goods and services in India with a view to enhancing income and employment, Department
for Promotion of Industry and Internal Trade (DPIIT), Ministry of Commerce and Industry,
Government of India, issued Public Procurement (Preference to Make in India), Order 201716.
14
https://sambandh.msme.gov.in/PPP_Index.aspx. Any payment grievances filed by the MSEs against Procuring
Entity may be monitored and progress updated therein. Total value of month end payments due to the MSEs
may updated.
15
Issued Vide OM F.No 1(3)/2018-MA, Part III dated 25.03.2022.
16
Latest revision to the Order notified vide OM No. P-45021/2/2017-PP (BE-II) issued by DPIIT, dated 16.09.2020
11Chapter 1: Introduction to Procurement of Non-Consultancy Services
The order is issued pursuant to Rule 153 (iii) of GFR, 2017. The Order is applicable to the
procurement of Goods, Works, and Services.
2. Definitions: For the purpose of this Order: -
a) ‘L1’ means the lowest tender or lowest bid, or the lowest quotation received in a tender,
bidding process or other procurement solicitation as adjudged in the evaluation
process as per the tender or other procurement solicitation.
b) ‘Local Content’ means the amount of value added in India which shall, unless otherwise
prescribed by the Nodal Ministry, be the total value of the item procured (excluding net
domestic indirect taxes) minus the value of imported content in the item (including all
customs duties) as a proportion of the total value, in percent.
Explanatory notes for the calculation of local content:
i) Imported items sourced locally from resellers/ distributors shall be excluded
from the calculation of local content.
ii) The license fees/ royalties paid/ technical charges paid out of India shall be
excluded from local content calculation
iii) Procurement/ Supply of repackaged/ refurbished/ rebranded imported
products, as understood commonly, shall be treated as reselling of imported
products and shall be excluded from the calculation of local content. The
definition of repackaged/ refurbished/ rebranded imported products is as
follows:
1) ‘Refurbishing’ means repair or reconditioning of an imported product does
not amount to manufacture because no new goods come into existence.
2) ‘Repackaging’ means repacking of imported goods from bulk pack to
smaller packs would not ordinarily amount to manufacture of a new item.
3) ‘Rebranding’ means relabelling or, renaming, or change in symbol or logo/
makes or corporate image of a company/organisation/ firm for an imported
product would amount to rebranding.
iv) To ensure that imported items sourced locally from resellers/ distributors are
excluded from the calculation of local content, procuring entities to obtain from
bidders, the cost of such locally-sourced imported items (inclusive of taxes)
along with break-up on license/ royalties paid/ technical expertise cost etc.
sourced from outside India/ for items sold by bidder as reseller, OEM certificate
for country of origin to be submitted.
v) For contracts involving the supply of multiple items, a weighted average of all
items is to be taken while calculating the local content
c) 'Class-I local supplier' means a supplier or service provider, whose goods, services or
works offered for procurement, meets the minimum local content as prescribed for
'Class-I local supplier' under this Order.
d) 'Class-II local supplier' means a supplier or service provider, whose goods, services or
works offered for procurement, meets the minimum local content as prescribed for
'Class-II local supplier' but less than that prescribed for 'Class-I local supplier' under
this Order.
e) 'Non - Local supplier' means a supplier or service provider, whose goods, services or
works offered for procurement, has local content less than that prescribed for 'Class-II
local supplier' under this Order.
12Manual for Procurement of Non-Consultancy Services, 2025
f) ‘Margin of purchase preference’ means the maximum extent to which the price quoted
by a “Class-I local supplier” may be above the L1 for the purpose of purchase
preference. It has been fixed as 20 (twenty) percent.
g) ‘Nodal Ministry’ means the Ministry or Department identified pursuant to this order in
respect of a particular item of goods or services or works.
h) ‘Procuring entity’ means a Ministry or department or attached or subordinate office of,
or autonomous body controlled by, the Government of India and includes Government
companies as defined in the Companies Act.
i) ‘Works’ means all works as per Rule 130 of GFR- 2017 and will also include ‘turnkey
works’.
2A. Special treatment for items covered under the PLI Scheme: The manufacturers
manufacturing an item under the PLI scheme shall be treated as deemed Class II local supplier
for that item unless they have minimum local content equal to or higher than that notified for
Class-I local supplier for that item, provided the manufacturer has received incentive from the
concerned PLI Ministry for the item. The above shall be applicable for the specific time period
only, as notified by the concerned PLI Ministry.
3. Eligibility of ‘Class-I local supplier’/ ‘Class-II local supplier’/ ‘Non-local suppliers’ for
different types of procurement
a) In the procurement of all goods, services or works in respect of which the Nodal
Ministry / Department has communicated that there is sufficient local capacity and local
competition, only ‘Class-I local supplier’ shall be eligible to bid irrespective of purchase
value.
b) Only ‘Class-I local supplier’ and ‘Class-II local supplier’ shall be eligible to bid in
procurements undertaken by procuring entities, except when a Global tender enquiry
has been issued. In global tender enquiries, ‘Non-local suppliers’ shall also be eligible
to bid along with ‘Class-I local suppliers’ and ‘Class-II local suppliers’. In procurement
of all goods, services or works not covered by sub-para 3-a) above, and with estimated
value of purchases less than Rs. 200 Crore, in accordance with Rule 161(iv)(b) of GFR,
2017, Global tender enquiry shall not be issued except with the approval of competent
authority as designated by Department of Expenditure.
c) For the purpose of this Order, works include Engineering, Procurement and
Construction (EPC) contracts, and services include System Integrator (SI) contracts.
3.A. Mandatory sourcing of items, with sufficient local capacity and competition,
from Class-I local suppliers in SI/ EPC/ Turnkey Contracts/ Service Tenders
a) The items, notified as having sufficient local capacity and competition, shall mandatory
be sourced from Class-I local suppliers in SI/ EPC/ Turnkey Contracts/ Services tenders. This
provision will be applicable only for those items that have been notified by the Nodal Ministry
as Class-I, i.e. having sufficient local capacity and competition with specific HSN codes.
b) Notwithstanding the above, if in any project, it is considered that it is not practically
feasible to source such items from Class I local suppliers, it may take a relaxation from such
stipulation with the approval of the Secretary of the administrative Ministry/ Department
concerned or with the approval of the Competent Authority specified by the Administrative
Ministry/ Department, on a case-specific basis.
4. Purchase Preference:
a) Subject to the provisions of the Order and to any specific instructions issued by the
Nodal Ministry or in pursuance of the Order, purchase preference shall be given to
13Chapter 1: Introduction to Procurement of Non-Consultancy Services
‘Class-I local supplier’ in procurements undertaken by procuring entities in the manner
specified here under.
b) In the procurements of goods or works, which are covered by sub-para 3-b) above and
which are divisible in nature, the ‘Class-I local supplier’ shall get purchase preference
over the ‘Class-II local supplier’ as well as the ‘Non-local supplier’, as per following
procedure:
Note:
1. If the procuring entity negotiates with the L1 bidder, who is not a Class-I
Local Supplier, the margin of purchase preference (L1+20%) should be
calculated based on the original L1 price, not the lower negotiated price, and
such eligible Class-I Local Suppliers shall be called to match the new
negotiated L1 price as per procedure mentioned above for placement of 50%
quantity.
2. Since as per sub-para c) below, MII order is applicable ‘where the bid is
evaluated on price alone’ – MII purchase preference would not be applicable
where evaluation is based inter-alia on non-price criteria, e.g., QCBS or FBS
in Services and Works.
i) Among all qualified bids, the lowest bid will be termed as L1. If L1 is a ‘Class-I
local supplier’, the contract for full quantity will be awarded to L1.
ii) If the L1 bid is not a ‘Class-I local supplier’, 50 (fifty) per cent of the order
quantity shall be awarded to L1. Thereafter, the lowest bidder among the
‘Class-I local supplier’ will be invited to match the L1 price for the remaining 50
(fifty) per cent quantity subject to the Class-I local supplier’s quoted price falling
within the margin of purchase preference (L1+20%) and contract for that
quantity shall be awarded to such ‘Class-I local supplier’ subject to matching
the L1 price. In case the lowest eligible ‘Class-I local supplier’ fails to match the
L1 price or accepts less than the offered quantity, the next higher ‘Class-I local
supplier’ within the margin of purchase preference (L1+20%) shall be invited to
match the L1 price for the remaining quantity and so on, and the contract shall
be awarded accordingly. In case some quantity out of the 50% (for the eligible
Class-I Local Suppliers) is still left uncovered, then such balance quantity may
also be ordered on the L1 bidder.
c) In the procurements of goods or works, which are covered by sub-para 3-b) above and
which are not divisible in nature, and in the procurement of services where the bid is
evaluated on price alone, the ‘Class-I local supplier’ shall get purchase preference over
‘Class-II local supplier’ as well as ‘Non-local supplier’, as per following procedure:
i) Among all qualified bids, the lowest bid will be termed L1. If L1 is a ‘Class-I
local supplier’, the contract will be awarded to L1.
ii) If L1 is not a ‘Class-I local supplier’, the lowest bidder among the ‘Class-I local
suppliers’ will be invited to match the L1 price subject to the Class-I local
supplier’s quoted price falling within the margin of purchase
preference(L1+20%), and the contract shall be awarded to such ‘Class-I local
supplier’ subject to matching the L1 price.
iii) In case the lowest eligible ‘Class-I local supplier’ fails to match the L1 price, the
‘Class-I local supplier’ with the next higher bid within the margin of purchase
preference (L1+20%) shall be invited to match the L1 price and so on, and the
contract shall be awarded accordingly. In case none of the ‘Class-I local
14Manual for Procurement of Non-Consultancy Services, 2025
suppliers’ within the margin of purchase preference matches the L1 price, the
contract may be awarded to the L1 bidder.
d) “Class-II local supplier” will not get a preference for any procurement undertaken by
procuring entities.
4A Applicability in tenders where the contract is to be awarded to multiple bidders:
In tenders where the contract is awarded to multiple bidders subject to matching of L1
rates or otherwise, the ‘Class-I local supplier’ shall get purchase preference over ‘Class-II
local supplier’ as well as ‘Non-local supplier’, as per following procedure:
a) In case there is sufficient local capacity and competition for the item to be procured,
as notified by the nodal Ministry, only Class I local suppliers shall be eligible to bid. As
such, the multiple suppliers who would be awarded the contract should be all and only
‘Class I Local suppliers.’
b) In other cases, ‘Class II local suppliers’ and ‘Non-local suppliers’ may also participate
in the tender process along with ‘Class I Local suppliers’ as per provisions of the Order.
c) If ‘Class I Local suppliers’ qualify for the award of contract for at least 50 (fifty) per cent
of the tendered quantity in any tender, the contract may be awarded to all the qualified
bidders as per award criteria stipulated in the tender documents. However, in case
‘Class I Local suppliers’ do not qualify for the award of contract for at least 50 (fifty) per
cent of the tendered quantity, purchase preference should be given to the ‘Class I local
supplier’ over ‘Class II local suppliers’/ ‘Non-local suppliers’ provided that their quoted
rate falls within 20 (twenty) per cent margin of purchase preference of the highest
quoted bidder considered for award of contract so as to ensure that the ‘Class I Local
suppliers’ taken in totality are considered for award of contract for at least 50 (fifty) per
cent of the tendered quantity.
d) The margin of purchase preference shall be 20%. Only those ‘Class-I local suppliers’
would be eligible for purchase preference whose quoted rates fall within the margin of
purchase preference, subject to its meeting the prescribed criteria for award of contract
as also the constraint of maximum quantity that can be sourced from any single
supplier. First, purchase preference must be given to the lowest quoting eligible ‘Class-
I local supplier.’ If the lowest quoting ‘Class-I local supplier’ does not qualify for
purchase preference because of aforesaid constraints or does not accept the offered
quantity, an opportunity may be given to the next higher eligible ‘Class-I local supplier,’
and so on. In case the quantity thus allocated to eligible ‘Class-I local suppliers’ is short
of 50% of the tendered quantity, then this shortfall quantity may be distributed among
all other qualified bidders as per award criteria stipulated in the tender documents.
e) To avoid any ambiguity during the bid evaluation process, the procuring entities may
stipulate their own tender-specific criteria for the award of contracts amongst different
bidders, including the procedure for purchase preference to ‘Class-I local supplier’
within the broad policy guidelines stipulated in the sub-paras above.
5. Exemption of small purchases: Notwithstanding anything contained in sub-para 1
above, procurements where the estimated value to be procured is less than Rs. 5 lakhs
shall be exempt from the Order. However, it shall be ensured by procuring entities that
procurement is not split for the purpose of avoiding the provisions of this Order.
5A Exemption in the sourcing of spares and consumables of closed systems:
Procurement of spare parts, consumables for closed systems and Maintenance/ Service
contracts with Original Equipment Manufacturer/ Original Equipment Supplier/ Original Part
Manufacturer shall be exempted from this Order.
15Chapter 1: Introduction to Procurement of Non-Consultancy Services
6. Minimum local content: The ‘local content’ requirement to categorise a supplier as a
‘Class-I local supplier’ is a minimum of 50 (fifty) per cent. For ‘Class-II local suppliers,’ the
‘local content’ requirement is a minimum of 20 (twenty) per cent. Nodal Ministry/
Department may prescribe only a higher percentage of the minimum local content
requirement to categorise a supplier as a ‘Class-I local supplier’/ ‘Class-II local supplier.’
For the items for which the Nodal Ministry/ Department has not prescribed higher minimum
local content notification under the Order, it shall be 50 (fifty) per cent and 20 (twenty) per
cent for ‘Class-I local supplier’/ ‘Class-II local supplier’ respectively. It may be noted that
local content is not related to the nationality of the firm – a foreign-owned firm may also
become a Class-I or Class-II local supplier by adding local value addition.
7. Requirement for specification in advance: The minimum local content, the margin of
purchase preference and the procedure for preference to Make in India shall be specified
in the notice inviting tenders or other form of procurement solicitation and shall not be
varied during a particular procurement transaction.
8. Government E-marketplace: In respect of procurement through the Government E-
marketplace (GeM), shall, as far as possible, specifically mark the items that meet the
minimum local content while registering the item for display and shall, wherever feasible,
make provision for automated comparison with purchase preference and without purchase
preference and for obtaining consent of the local supplier in those cases where purchase
preference is to be exercised.
9. Verification of local content:
a) The ‘Class-I local supplier’/ ‘Class-II local supplier’ at the time of tender, bidding or
solicitation shall be required to indicate percentage of local content and provide self-
certification that the item offered meets the local content requirement for ‘Class-I local
supplier’/ ‘Class-II local supplier’, as the case may be. They shall also give details of
the location(s) at which the local value addition is made.
b) In cases of procurement for a value in excess of Rs. 10 crores, the ‘Class-I local
supplier’/ ‘Class-II local supplier’ shall be required to provide a certificate from the
statutory auditor or cost auditor of the company (in the case of companies) or from a
practicing cost accountant or practicing chartered accountant (in respect of suppliers
other than companies) giving the percentage of local content.
c) The bidder shall give self-certification for local content in the quoted item (goods/
works/ services) at the time of tendering. However, at the time of execution of the
project, for all contracts above INR 10 Crore, the contractor/ supplier shall be required
to give local content certification duly certified by cost/ chartered accountant in practice.
For cases where it is not possible to provide certification by Cost/ Chartered
Accountant at the time of execution of project, the supplier shall be permitted to provide
the certificate for local content from Cost/ Chartered Accountant after completion of the
contract, within the limit acceptable to the procuring entity. In case the contractor/
supplier does not meet the stipulated local content requirement and the category of
the supplier changes from Class-I to Class-II/ Non-local or from Class-II to Non-local,
a penalty upto 10% of the contract value may be imposed. However, contract once
awarded shall not be terminated on this account.
d) Decisions on complaints relating to implementation of this Order shall be taken by the
competent authority which is empowered to look into procurement-related complaints
relating to the procuring entity.
16Manual for Procurement of Non-Consultancy Services, 2025
e) Nodal Ministries may constitute committees with internal and external experts for
independent verification of self-declarations and auditor’s/ accountant’s certificates on
random basis and in the case of complaints.
f) Nodal Ministries and procuring entities may prescribe fees for such complaints.
g) False declarations will be in breach of the Code of Integrity under Rule 175(1)(i)(h) of
the General Financial Rules for which a bidder or its successors can be debarred for
up to two years as per Rule 151 (iii) of the General Financial Rules along with such
other actions as may be permissible under law.
h) A supplier who has been debarred by any procuring entity for violation of the Order
shall not be eligible for preference under the Order for procurement by any other
procuring entity for the duration of the debarment. The debarment for such other
procuring entities shall take effect prospectively from the date on which it comes to the
notice of other procurement entities in the manner prescribed above.
i) The Department of Expenditure shall issue suitable instructions (please refer to para
3.8 of this manual) for the effective and smooth operation of this process, so that:
i) The fact and duration of debarment for violation of the Order by any procuring
entity are promptly brought to the notice of the Member-Convenor of the
Standing Committee and the Department of Expenditure through the
concerned Ministry /Department or in some other manner;
ii) on a periodical basis such cases are consolidated and a centralized list or
decentralised list of such suppliers with the period of debarment is maintained
and displayed on the website(s);
iii) in respect of procuring entities other than the one that has carried out the
debarment, the debarment takes effect prospectively from the date of uploading
on the website(s) in such a manner that ongoing procurements are not
disrupted.
10. Specifications in Tenders and other procurement solicitations:
a) Every procuring entity shall ensure that the eligibility conditions in respect of previous
experience fixed in any tender or solicitation do not require proof of supply in other
countries or proof of exports.
b) Procuring entities shall endeavour to see that eligibility conditions, including on matters
like turnover, production capability, and financial strength, do not result in unreasonable
exclusion of ‘Class-I local supplier’/ ‘Class-II local supplier’ who would otherwise be
eligible beyond what is essential for ensuring quality or creditworthiness of the supplier.
c) Procuring entities shall review all existing eligibility norms and conditions with
reference to sub-paragraphs (a) and (b) above.
d) Reciprocity Clause:
i) When a Nodal Ministry/Department identifies that Indian suppliers of an item are
not allowed to participate and/ or compete in procurement by any foreign
government due to restrictive tender conditions which have direct or indirect
effect of barring Indian companies such as registration in the procuring country,
execution of projects of specific value in the procuring country etc., it shall provide
such details to all its procuring entities including CMDs/CEOs of PSEs/PSUs,
State Governments and other procurement agencies under their administrative
control and GeM for appropriate reciprocal action.
ii) Entities of countries that have been identified by the nodal Ministry/Department
as not allowing Indian companies to participate in their Government procurement
17Chapter 1: Introduction to Procurement of Non-Consultancy Services
for any item related to that nodal Ministry shall not be allowed to participate in
Government procurement in India for all items related to that nodal Ministry/
Department, except for the list of items published by the Ministry/ Department
permitting their participation.
iii) The stipulation in sub-para ii) above shall be part of all tenders invited by the
Central Government procuring entities stated in sub-para 2-h) above. All
purchases on GeM shall also necessarily have the above provisions for items
identified by the nodal Ministry/ Department.
iv) State Governments should be encouraged to incorporate similar provisions in
their respective tenders.
v) The term ‘entity’ of a country shall have the same meaning as under the FDI
Policy of DPIIT as amended from time to time.
e) Specifying foreign certifications/ unreasonable technical specifications/ brands/
models in the bid document is a restrictive and discriminatory practice against local
suppliers. If foreign certification is required to be stipulated because of non-
availability of Indian Standards and/or for any other reason, the same shall be done
only after written approval of the Secretary of the Department concerned or any
other Authority having been designated such power by the Secretary of the
Department concerned.
f) "All administrative Ministries/Departments whose procurement exceeds Rs. 1000
Crore per annum shall notify/update their procurement projections every year,
including those of the PS Es/PS Us, for the next 5 years on their respective
website."
10A Action for non-compliance of the Provisions of the Order: In case restrictive or
discriminatory conditions against domestic suppliers are included in bid documents, an inquiry
shall be conducted by the Administrative Department undertaking the procurement (including
procurement by any entity under its administrative control) to fix responsibility for the same.
Thereafter, appropriate action, administrative or otherwise, shall be taken against erring
officials of procurement entities under relevant provisions. Intimation on all such actions shall
be sent to the Standing Committee.
11. Assessment of supply base by Nodal Ministries: The Nodal Ministry shall keep in view
the domestic manufacturing / supply base and assess the available capacity and the extent
of local competition while identifying items and prescribing the higher minimum local
content or the manner of its calculation, with a view to avoiding cost increase from the
operation of this Order.
12. Increase in minimum local content: The Nodal Ministry may annually review the local
content requirements with a view to increasing them, subject to availability of sufficient
local competition with adequate quality.
13. Manufacture under license/ technology collaboration agreements with phased
indigenization: While notifying the minimum local content, Nodal Ministries may make
special provisions for exempting suppliers from meeting the stipulated local content if the
product is being manufactured in India under a license from a foreign manufacturer who
holds intellectual property rights and where there is a technology collaboration agreement
/ transfer of technology agreement for indigenous manufacture of a product developed
abroad with clear phasing of increase in local content.
13. A. In the procurement of all goods, services or works in respect of which there is a
substantial quantity of public procurement and for which the nodal ministry has not notified
18Manual for Procurement of Non-Consultancy Services, 2025
that there is sufficient local capacity and local competition, the concerned nodal ministry shall
notify an upper threshold value of procurement beyond which foreign companies shall enter
into a joint venture with an Indian company to participate in the tender. Procuring entities, while
procuring such items beyond the notified threshold value, shall prescribe in their respective
tenders that foreign companies may enter into a joint venture with an Indian company to
participate in the tender. The procuring Ministries/Departments shall also make special
provisions for exempting such joint ventures from meeting the stipulated minimum local
content requirement, which shall be increased in a phased manner.
14. Powers to grant exemption and to reduce minimum local content:
a) The administrative Department undertaking the procurement (including procurement
by any entity under its administrative control), with the approval of their Minister-in-
charge, may by written order, for reasons to be recorded in writing,
i) reduce the minimum local content below the prescribed level; or
ii) reduce the margin of purchase preference below 20 (twenty) percent; or
iii) exempt any particular item or supplying entities from the operation of this Order
or any part of the Order.
b) The Administrative Department, while seeking exemption under this para, shall certify
that such an item(s) has not been notified by Nodal Ministry/ Department concerned
under sub-para 3A-a) above.
c) A copy of every such order shall be provided to the Standing Committee and concerned
Nodal Ministry / Department. The Nodal Ministry / Department concerned will continue
to have the power to vary its notification on Minimum Local Content.
15. Directions to Government companies: In respect of Government companies and other
procuring entities not governed by the General Financial Rules, the administrative Ministry
or Department shall issue policy directions requiring compliance with this Order.
16. Standing Committee:
a) A standing committee is hereby constituted with the following membership
i) Secretary, Department for Promotion of Industry, and Internal Trade-Chairman
ii) Secretary, Commerce-Member
iii) Secretary, Ministry of Electronics and Information Technology-Member
iv) Joint Secretary (Public Procurement), Department of Expenditure-Member
v) Joint Secretary (DPIIT)-Member-Convenor
b) The Secretary of the Department concerned with a particular item shall be a member
in respect of issues relating to such item. The Chairman of the Committee may co-opt
technical experts as relevant to any issue or class of issues under its consideration.
17. Functions of the Standing Committee: The Standing Committee shall meet as often as
necessary but not less than once in six months. The Committee
a) shall oversee the implementation of this order and issues arising therefrom and make
recommendations to Nodal Ministries and procuring entities.
b) shall annually assess and periodically monitor compliance with this Order.
c) shall identify Nodal Ministries and the allocation of items among them for issue of
notifications on minimum local content.
d) may require the furnishing of details or returns regarding compliance with this Order
and related matters.
19Chapter 1: Introduction to Procurement of Non-Consultancy Services
e) may, during the annual review or otherwise, assess issues, if any, where it is felt that
the manner of implementation of the order results in any restrictive practices,
cartelisation or increase in public expenditure and suggest remedial measures.
f) may examine cases covered by paragraph (xiii) above relating to manufacture under
license/ technology transfer agreements with a view to satisfying itself that adequate
mechanisms exist for enforcement of such agreements and for attaining the underlying
objective of progressive indigenisation.
g) may consider any other issue relating to this Order which may arise.
18. Removal of difficulties: Ministries /Departments and the Boards of Directors of
Government companies may issue such clarifications and instructions as may be
necessary for the removal of any difficulties arising in the implementation of the Order.
19. Ministries having existing policies: Where any Ministry or Department has its own policy
for preference to local content approved by the Cabinet after 1st January 2015, such
policies will prevail over the provisions of the Order. All other existing orders on preference
to local content shall be reviewed by the Nodal Ministries and revised as needed to
conform to this Order, within two months of the issue of this Order.
20. Please refer to the FAQs related to the PPP-MII order issued by DPIIT, placed in Annexure
22.
1.10.3. Restrictions/ Prior Registration on Entities from a Class of
Countries (Rule 144 (xi), GFR 2017)
1. Requirement of registration: Rule 144 of GFR, 2017, has been amended to include
a new sub-para (xi) as follows:
“Notwithstanding anything contained in these Rules, Department of
Expenditure may, by order in writing, impose restrictions, including prior
registration and/ or screening, on procurement from bidders from, or bidders
having commercial arrangements with an entity from, a country or countries,
or a class of countries, on grounds of defence of India, or matters directly or
indirectly related thereto including national security; no procurement shall be
made in violation of such restrictions.”
2. Detailed provisions in this regard have been notified by the Department of
Expenditure's OM No. F.7/10/2021-PPD (1) dated 23.02.2023 (Public Procurement Order No.
4 – hereinafter referred to in this section as the ‘Order’), are as follows.
a) Any bidder from a country which shares a land border with India will be eligible to bid
in any procurement, whether of goods, services (including consultancy services and
non-consultancy services) or works (including turnkey projects) only if the bidder is
registered with the Competent Authority. The information on Competent Authority is
given in sub-para 10 below.
b) Any bidder (including an Indian bidder) who has a Specified Transfer of Technology
(ToT) arrangement with an entity from a country that shares a land border with India
will be eligible to bid in any procurement, whether of goods, services (including
consultancy services and non-consultancy services) or works (including turnkey
projects) only if the bidder is registered with the Competent Authority, specified in sub-
para 10 below.
c) The requirement of registration for cases covered by sub-para a) above has been
applicable since 23.07.2020. The requirement of registration for bidders covered by
20Manual for Procurement of Non-Consultancy Services, 2025
sub-para b) above will be applicable for all procurements where tenders are issued/
published after 01.04.2023.
d) In tenders issued after 23.07.2020 or 01.04.2023, as the case may be, the provisions
of the requirement of registration of bidders and of other relevant provisions of this
Order shall be incorporated in the tender conditions.
3. Applicability:
a) Apart from Ministries/Departments, attached and subordinate bodies,
notwithstanding anything contained in Rule 1 of the GFR 2017, the Order shall also
be applicable to:
i) all Autonomous Bodies;
ii) all public sector banks and public sector financial institutions;
iii) all Central Public Sector Enterprises;
iv) all procurement in Public Private Partnership projects receiving financial support
from the Government or public sector enterprises/ undertakings; and
v) all Union Territories, National Capital Territory of Delhi, and all agencies/
undertakings thereof.
b) The Order will not be applicable to:
i) projects that receive international funding with the approval of the Department of
Economic Affairs (DEA), Ministry of Finance, the procurement guidelines
applicable to the project shall normally be followed, notwithstanding anything
contained in this order and without reference to the Competent Authority.
Exceptions to this shall be decided in consultation with DEA.
ii) procurement made by Indian missions and by offices of government agencies/
undertakings located outside India.
iii) bidders (or entities) from those countries (even if sharing a land border with India)
to which the Government of India has extended lines of credit or in which the
Government of India is engaged in development projects. Updated lists of countries
to which lines of credit have been extended or in which development projects are
undertaken are given on the website of the Ministry of External Affairs17.
iv) procurement of spare parts and other essential service support like Annual
Maintenance Contract (AMC)/ Comprehensive Maintenance Contract (CMC),
including consumables for closed systems, from Original Equipment Manufacturers
(OEMs) or their authorized agents.
4. Definitions:
a) “Bidder" for the purpose of the Order (including the term ‘bidder’, ‘consultant’ ‘vendor’
or ‘service provider’ in certain contexts) means any person or, firm or company,
including any member of a consortium or joint venture (that is an association of several
persons, or firms or companies), every artificial juridical person not falling in any of the
descriptions of bidders stated hereinbefore, including any agency, branch or office
controlled by such person, participating in a procurement process.
b) “Tender” for the purpose of the Order will include other forms of procurement, except
where the context requires otherwise.
c) “Transfer of Technology” means dissemination and transfer of all forms of
commercially usable knowledge, such as transfer of know-how, skills, technical
17https://mea.gov.in/Lines-of-Credit-for-Development-Projects.htm
21Chapter 1: Introduction to Procurement of Non-Consultancy Services
expertise, designs, processes and procedures, and trade secrets, which enables the
acquirer of such technology to perform activities using the transferred technology
independently. (Matters of interpretation of this term shall be referred to the
Registration Committee constituted by the Department for Promotion of Industry and
Internal Trade, and the interpretation of the Committee shall be final.)
d) “Specified Transfer of Technology” means a transfer of technology in the sectors and/
or technologies specified in sub-para 5 below, occurring on or after 23.07.2020.
e) “Bidder (or entity) from a country which shares a land border with India” for the purpose
of the Order means:
i) An entity incorporated, established, or registered in such a country; or
ii) A subsidiary of an entity incorporated, established, or registered in such a
country; or
iii) An entity substantially controlled through entities incorporated, established, or
registered in such a country or
iv) An entity whose beneficial owner is situated in such a country or
v) An Indian (or other) agent of such an entity; or
vi) A natural person who is a citizen of such a country; or
vii) A consortium or joint venture where any member of the consortium or joint
venture falls under any of the above
f) “Agent” for the purpose of the Order is a person employed to do any act for another or
to represent another in dealings with third persons.
Note
1. A person who procures and supplies finished goods from an entity from a
country that shares a land border with India will, regardless of the nature of
his legal or commercial relationship with the producer of the goods, be
deemed to be an Agent for the purpose of this Order.
2. However, a bidder who only procures raw material, components, etc., from
an entity from a country that shares a land border with India and then
manufactures or converts them into other goods will not be treated as an
Agent.
g) Beneficial owner for the purposes of point e(iv) will be as under:
i) In the case of a company or Limited Liability Partnership, the beneficial owner is
the natural person(s) who, whether acting alone or together or through one or
more juridical person(s), has a controlling ownership interest or who exercises
control through other means.
Explanation: -
1) “Controlling ownership interest” means ownership of, or entitlement to,
more than twenty-five per cent of shares or capital or profits of the company;
2) “Control” shall include the right to appoint the majority of the directors or to
control the management or policy decisions, including by virtue of their
shareholding or management rights or shareholders agreements or voting
agreements;
ii) In the case of a partnership firm, the beneficial owner is the natural person(s)
who, whether acting alone or together or through one or more juridical persons,
22Manual for Procurement of Non-Consultancy Services, 2025
has ownership of entitlement to more than fifteen percent of capital or profits of
the partnership;
iii) In the case of an unincorporated association or body of individuals, the beneficial
owner is the natural person(s), who, whether acting alone or together or through
one or more juridical persons, has ownership of or entitlement to more than
fifteen percent of the property or capital or profits of such association or body of
individuals;
iv) Where no natural person is identified under sub-para g(i) or g(ii) or g(iii) above,
the beneficial owner is the relevant natural person who holds the position of
senior managing official;
v) In the case of a trust, the identification of beneficial owner(s) shall include
identification of the author of the trust, the trustee, the beneficiaries with fifteen
per cent or more interest in the trust and any other natural person exercising
ultimate effective control over the trust through a chain of control or ownership.
vi) To determine nationality while assessing the beneficial ownership of the bidder,
the nationality mentioned in the beneficiary owner's passport should be
considered. In case of the possibility of dual citizenship, nationality on all the
passports should be considered through a suitable declaration. If nationality in
any of the passports of the person whose beneficial ownership is being
assessed, is recorded to be from a country sharing a land border with India, the
provisions contained under this Order shall apply. Hong Kong and Macau are to
be considered as part of China for the purpose of this Order.
5. Sensitive Sectors/ Technologies (relevant only for the provisions on ToT
arrangements; please refer to sub-para 2-b) above):
a) Certain sectors and technologies have been identified as sensitive from the national
security point of view. The sectors listed in Schedule I to the Order are considered
Category-I sensitive sectors. The sectors listed in Schedule II to the Order are
considered Category-ll sensitive sectors. The technologies listed in Schedule III are
considered sensitive technologies.
List of Category-I Sensitive sectors (Schedule-I)
S. No Sectors
1 Atomic Energy
2 Broadcasting/ Print and Digital Media
3 Defence
4 Space
5 Telecommunications
List of Category-II Sensitive sectors (Schedule-II)
S. No Sectors
1 Power and Energy (including exploration/ generation/ transmission/
distribution/ pipeline)
2 Banking and Finance, including Insurance
3 Civil Aviation
4 Construction of ports and dams & river valley projects
5 Electronics and Microelectronics
6 Meteorology and Ocean Observation
7 Mining and extraction (including deep sea projects)
23Chapter 1: Introduction to Procurement of Non-Consultancy Services
S. No Sectors
8 Railways
9 Pharmaceuticals & Medical Devices
10 Agriculture
11 Health
12 Urban Transportation
List of Sensitive Technologies (Schedule-III)
S. No Sectors
1 Additive Manufacturing (e.g., 3D Printing)
2 Any equipment having electronic programmable components or autonomous
systems (e.g., SCADA systems)
3 Any technology used for uploading and streaming of data, including
broadcasting, satellite communication, etc.
4 Chemical Technologies
5 Biotechnologies, including Genetic Engineering and Biological Technologies
6 Information and Communication Technologies
7 Software
b) For Category-I sensitive sectors, bidders with ToT arrangement in any technology
with an entity from a country that shares a land border with India shall require
registration.
c) For Category-ll sensitive sectors, bidders with ToT arrangement in the sensitive
technologies listed in Schedule III, with an entity from a country which shares a land
border with India shall require registration.
d) In Category-ll sensitive sectors, the Secretary (or an officer not below the rank of Joint
Secretary to Government of India, so authorised by the Secretary) of the Ministry/
Department of the Government of India is empowered, after due consideration, to
waive the requirement of registration for a particular item/ application or a class of
items/ applications from the requirement of registration, even if included in Schedule
III. The Ministry/ Department concerned shall intimate the Department for Promotion
of Industry and Internal Trade (DPIIT) and National Security Council Secretariat
(NSCS) of their decision to waive the requirement of registration. Ministries/
Departments of the Government of India are not required to consult the DPIIT/ NSCS
before deciding and are only required to intimate the decision to DPIIT/ NSCS. If any
point is raised by DPIIT/ NSCS, it should be considered in future procurements;
ongoing procurement for which the waiver was granted need not be interrupted or
altered.
e) Based on security considerations, a Ministry/ Department in a Category II sensitive
sector or other Ministries/ Departments may recommend to DPIIT the inclusion of any
other technology in the list of sensitive technologies, either generally or for their
Ministry/ Department.
6. Sub-contracting in works contracts: In works contracts, including turnkey contracts,
contractors shall not be allowed to sub-contract works to any contractor from a country that
shares a land border with India unless such contractor is registered with the Competent
Authority. The definition of “contractor from a country which shares a land border with India”
shall be as in sub-para 4-(e) above. This shall not apply to sub-contracts already awarded on
or before 23.07.2020.
24Manual for Procurement of Non-Consultancy Services, 2025
(Note: Procurement of raw material, components, etc. does not constitute sub-
contracting)
7. Model Clauses/ Certificate regarding compliance: A certificate shall be taken from
bidders in the tender documents (please see Annexure 11) that the extant guidelines for
participation in the tenders (which should include conditions for implementation of this Order)
have been complied with. If such a certificate is given by a bidder whose bid was accepted is
found to be false, this would be a ground for debarment and further legal action in accordance
with the law. Model Clauses and Model Certificates, which may be inserted in tenders /
obtained from Bidders, are given in Annexure-11. While adhering to the substance of the
Order, procuring entities are free to appropriately modify the wording of these clauses based
on their past experience, local needs, etc.
8. Validity of registration: In respect of tenders, registration should be valid at the time
of submission of bids and at the time of acceptance of bids. In respect of supply otherwise
than by tender, registration should be valid at the time of placement of order. If the bidder was
validly registered at the time of acceptance / placement of order, registration shall not be a
relevant consideration during contract execution.
9. Government e-Marketplace: GeM shall remove non-compliant entities from GeM
unless/ until they are registered in accordance with this Order.
10. Competent Authority and Procedure for Registration:
a) The Competent Authority for the purpose of registration under this Order shall be the
Registration Committee constituted by the Department for Promotion of Industry and
Internal Trade (DPIIT) (Notified vide OM No. F.6/18/2019-PPD issued by Department
of Expenditure dated 23.07.2020)
Note:
(i) In respect of application of the Order to procurement by/ under State
Governments, all functions assigned to DPIIT shall be carried out by the
State Government concerned through a specific department or authority
designated by it. The composition of the Registration Committee shall be as
decided by the State Government. However, the requirement of political and
security clearance as per para 10 (d) shall remain, and no registration shall
be granted without such clearance.
(ii) Registration granted by State Governments shall be valid only for
procurement by the State Government and its agencies/ public enterprises,
etc., and shall not be valid for procurement in other states or by the
Government of India and their agencies/ public enterprises, etc.
b) The Registration Committee shall have the following members:
i) An officer not below the rank of Joint Secretary, designated for this purpose by
DPIIT, who shall be the Chairman;
ii) Officers (ordinarily not below the rank of Joint Secretary) representing the
Ministry of Home Affairs, Ministry of External Affairs, and of those Departments
whose sectors are covered by applications under consideration;
iii) Any other officer whose presence is deemed necessary by the Chairman of the
Committee.
iv) With effect from 01.04.2023, an officer (ordinarily not below the rank of Joint
Secretary) representing the National Security Council Secretariat.
25Chapter 1: Introduction to Procurement of Non-Consultancy Services
c) DPIIT has laid down the method of application, format etc. for such bidders as covered
by the Order.
d) On receipt of an application seeking registration from a bidder covered by sub-para
2(a) and 2(b) above, the Competent Authority shall first seek political and security
clearances from the Ministry of External Affairs and Ministry of Home Affairs, as per
guidelines issued from time to time. Registration shall not be given unless political and
security clearance have both been received.
e) The Ministry of External Affairs and Ministry of Home Affairs may issue guidelines for
internal use regarding the procedure for scrutiny of such applications by them.
f) The decision of the Competent Authority to register such bidder may be for all kinds of
tenders or for a specified type(s) of goods or services and may be for a specified or
unspecified duration of time, as deemed fit. The decision of the Competent Authority
shall be final.
g) Registration granted by the Competent Authority of the Government of India shall be
valid not only for procurement by the Central Government and its bodies specified in
sub-para 3 above but also for procurement by State Governments and their agencies/
public enterprises, etc. No fresh registration at the State level shall be required.
h) The Competent Authority is empowered to cancel the registration already granted if it
determines that there is sufficient cause. Such cancellation by itself, however, will not
affect the execution of contracts already awarded. Pending cancellation, it may also
suspend the registration of a bidder, and the bidder shall not be eligible to bid in any
further tenders during the period of suspension.
i) For national security reasons, the Competent Authority shall not be required to give
reasons for rejection/ cancellation of registration of a bidder.
11. Clarifications regarding the applicability of the restrictions under Rule 144 (xi)
of the GFR:
a) The proprietary purchases are not excluded from the provisions of the Rule 144 (xi) of
GFR, 2017.
b) The rule is applicable on all purchases irrespective of the order value.
c) The provisions of Rule 144 (xi) are not applicable in the case of selling of raw materials
by a Government agency (like a CPSE/ Autonomous Bodies, etc.).
d) The provisions of Rule 144 (xi) are not applicable on the export to the countries sharing
land border with India.
e) Sub-contracting is not permitted to any contractor from a country sharing a land border
with India unless registered with the competent authority. However, it is to be noted
that procurement of raw materials, components, etc., does not constitute sub-
contracting. In case a bidder has proposed to supply finished goods procured directly/
indirectly from vendors from the countries which share a land border with India, such
vendor will be required to be registered with the Competent Authority as per the
provisions of Rule 144 (xi) of GFR, 2017.
f) There is no bar on the contractor from procuring raw material from a firm that has been
acquired by another firm belonging to a country that shares a land border with India.
g) Contract Manufacturing outside India: If the bidder is getting the subject product
manufactured outside India, this is treated as contract manufacturing, and beneficial
ownership of the foreign manufacturing entity must be verified. If the foreign
manufacturer is covered by the beneficial ownership criteria (para 4-g above) – then
26Manual for Procurement of Non-Consultancy Services, 2025
the bidder must submit DPIIT registration of such manufacturer to participate in the
procurement.
h) Hiring of Services: Suppose a Bidder (Indian/ Foreign), who is not from a country
sharing a land border with India, offers services to a procuring entity by arranging
equipment from another company; then the following scenarios may appear:
S. Scenario Applicability of Rule 144 (xi)
No
a) The equipment/ goods have been The bidder has procured certain
purchased or will be purchased from a goods to offer the requisite services to
company (manufacturer) from a a procuring entity. In such case, the
country which shares a land border bidder does not fall within the definition
with India. of the terms “bidder” as defined under
sub-para 4-e) above. Hence, the
provisions of Rule 144 (xi) of GFR,
2017 do not apply to this case.
b) By entering into a MOU/ lease Here, the bidding vendor proposes to
agreement with the company (who hire services from a company that
owns the equipment/ goods) from a belongs to a country that shares a land
country that shares a land border with border with India. This prima facie
India becomes the case of an indirect
supply of services by a company that
owns the equipment/ goods by
introducing an intermediary. The
intermediary merely acts as an agent
to the company providing services of
the equipment. In such a case
registration of company owning the
equipment and indirectly supplying the
services shall require to be registered
with the competent authority, thereby
requiring the need to fulfil the
provisions of Rule 144 (xi).
c) By entering into an MOU/ lease In this case, the actual supplier of
agreement with the company (say ‘X’, services, prima facie, shall be ‘X.’ The
who is the present owner of the status of ‘X’ in this case does not
equipment) from a country that does attract the provisions of Rule 144 (xi).
not share a land border with India. The
equipment has been purchased from
the manufacturer of the company (say
‘Y’), which is from a country that shares
a land border with India.
12. Illustrative examples of the applicability of the Restrictions under Rule 144 (xi)
of GFR 2017
a) A vendor, say, ‘Party A’ from India, is procuring an item from their sister company, say,
‘Party B,’ which is registered in a country not sharing a land border with India. Both the
parties, Party A and B, are owned by an entity that does not belong to a country sharing
27Chapter 1: Introduction to Procurement of Non-Consultancy Services
a land border with India. Party B has its production facility in a country sharing land
border with India. The manufactured item will be procured by Party A from its sister
concern, i.e., Party B from the above-mentioned production facility. The production unit
is wholly owned by Party B. The Party A now claims that the provisions of Rule 144 (xi)
of GFR 2017 do not apply on it because:
i) Both Party A and B are not an entity incorporated, established, or registered in such
a country, since Party A is registered in India and Party B is registered in a country
not sharing land border with India;
ii) Both Party A and B are 100% owned subsidiary of an entity, which is incorporated,
registered, and established in a country not sharing land border with India;
iii) The beneficial owner of Party A and B is not situated in a country sharing land
border with India since they are owned by an entity belonging to country not sharing
land border with India;
iv) Both Party A and B are not an Indian (or other) agent of such an entity;
v) Both A and B are not a natural person who is a citizen of such a country;
vi) Both A and B are not a consortium or joint venture where any member of the
consortium or joint venture falls under any of the above. Though, Party B has a
wholly owned subsidiary in a country that shares a land border with India but is not
a JV or consortium (a subsidiary does not qualify as a JV or consortium)
vii) In addition to the above, Party A claims that they are not procuring finished goods
directly/ indirectly from the vendors from the countries sharing a land border with
India as the item is being manufactured in their own production units.
viii) In light of the above facts and the claims put forth by Party A, it is important to clarify
to the procurers that Party A acts as an agent for Party B, which manufactures
goods in a country sharing a land border with India. Party B supplies goods
manufactured at premises established in a country that shares a land border with
India. In such a case, registration is required for Party B (and not necessarily for
Party A, who is only an agent and not from a country sharing a land border with
India).
b) Taking an example of IT goods and services:
i) if the contractor is only supplying the servers as it is from an OEM that belongs
to a country sharing a land border with India, and there is no value addition
done by the contractor, then the contractor acts as an agent for the OEM and
registration of the OEM and the agent (contractor) both are required as per the
provisions of Rule 144 (xi) of GFR 2017.
ii) In case the contractor supplies value added services on a hardware, the
contractor outsources, in that case the registration of OEM is not required.
iii) Where there is deployment of IT services that includes both hardware and
software customization, and the contractor has sourced hardware, which is
made in the country sharing land border with India, the requirement of
registration as per the provisions of Rule 144 (xi) are not applicable.
1.10.4. Support to Start-up Enterprises
1. Definition of Start-up Enterprises:
a) As defined by DPIIT, an entity shall be considered as a 'Start-up':
i) Upto a period of ten years from the date of incorporation/ registration, if it is
incorporated as a private limited company (as defined in the Companies Act,
28Manual for Procurement of Non-Consultancy Services, 2025
2013) or registered as a partnership firm (registered under section 59 of the
Partnership Act, 1932) or a limited liability partnership (under the Limited
Liability Partnership Act, 2008) in India, and
ii) Turnover of the entity for any of the financial years since incorporation/
registration has not exceeded one hundred crore rupees, and
iii) The entity works towards innovation, development or improvement of products
or processes or services or a scalable business model with a high potential for
employment generation or wealth creation.
b) Provided that an entity formed by splitting up or reconstructing an existing business
shall not be considered a ‘Start-up’.
c) Provided further that in order to obtain benefits a Startup so identified under the above
definition shall be required to be recognized as Startup by DPIIT.
2. Support to Start-ups: The Government of India has ordered the following support to
Start-ups (as defined by the Department for Promotion of Industrial and Internal Trade -
DPIIT).
a) Exemption from submission of Bid Security: Such Start-ups shall be exempted from
payment of Earnest Money.
b) 18 Relaxation in Prior Turnover and Experience: The Procuring Entity reserves its right
to relax the condition of prior turnover and prior experience for start-up enterprises
recognized by the Department for Industry & Internal Trade (DPIIT), subject to meeting
quality & technical specifications. Startups may be MSEs or otherwise. Such relaxation
can be provided in the case of procurement of works as well. It is further clarified that such
relaxation is not optional but normally has to be ensured, except in case of procurement
of items related to public safety, health, critical security operations and equipment, etc)
where adequate justification exists for the Procuring Entity not to relax such criteria19. The
decision of the Procuring Entity in this regard shall be final. The benefits under Startup
policy will be applicable only for the particular industry/ sector for which they are registered
with DPIIT (necessary certificate to be obtained from the bidder in this regard). Please
also refer to para 1.10.1-4-b), 5.1.9-5) and 7.3.4-2-c) (Rule 173 (i) of GFR 2017).
1.11. When is Procurement of Non-Consultancy Service justified
In the interest of economy, efficiency and to provide more effective delivery of public services,
Rule 198 of GFR, 2017 permits Ministries/ Departments to procure/ outsource NC services
(e.g. non-core, auxiliary and support services). Approval of the competent authority should be
obtained before engaging service providers. We may justify need for Procurement of NC
services on consideration of: -
1. Economy, speed and efficiency and more effective delivery of public services relating to
additional requirement/ commitment/ usage of:
a) Staff/ Management/ Organization;
b) Technological and Material Resources;
c) Money, and
d) Time/ Speed of execution.
18
Such relaxation can be partial – e.g., 25% relaxation over specified turn-over and experience.
19
Notified vide OM No.F.20/2/2014-PPD(Pt.) issued by Department of Expenditure dated 29.09.2016.
29Chapter 1: Introduction to Procurement of Non-Consultancy Services
2. An administrative policy decided by the Ministry/ Department to outsource specific (or
class of) services;
1.12. Principles for Public Procurement of NC Services
Other principles of Public Procurement as mentioned in para 1.8 above are also equally
applicable to Procurement of Non-consultancy services. To ensure value for money during
procurement of Non-consultancy services, the following additional principles shall be
considered:
1. Services to be procured should be justifiable in accordance with Para 1.11 above;
2. In Non-consultancy Services, Activities Schedule (a document covering well-defined
scope of work/ description of services and the time frame for which services are to be
availed of) should be consistent with the overall objectives of Procuring Entity;
3. Equal opportunity to all qualified service providers to compete should be ensured;
4. Engagements should be economical and efficient.;
5. Transparency and integrity in the selection process (that is, proposed, awarded,
administered, and executed according to highest ethical standards).
1.13. Legal Aspects Governing Public Procurement of Services
A public procurement contract, besides being a commercial transaction, is also a legal
transaction. There are a number of laws that may affect various commercial aspects of public
procurement contracts. A public procurement professional is expected to be generally aware
of the implications of following basic laws affecting procurement of works; however, he or she
is not expected to be a legal expert. In different contexts of the scope of work, an additional
set of laws may be relevant. (For salient features of laws applicable to public procurement,
please refer to Appendix 2 provided in Manual for Procurement of Goods, Second Edition,
2024)
1.14. The Law of Agency – applicable to Procurement of Non-
consultancy services
Legally speaking service provider would be an Agent of the Procuring Entity acting as a
‘Principal’ –, to carry out the service on its behalf. Such a relationship is covered by The Law
of Agency (Section 182 to section 238, of the Indian Contract Act, 1872) and hence there
exists a Principal and Agent relationship between Procuring Entity and the service provider.
As per this law, the Procuring Entity is vicariously legally and financially liable for actions of its
Agents. For example, a violation of certain labour laws in deputing staff for Procuring Entity’s
contract by the service provider may render the Procuring Entity legally and financially
answerable for such violations, under certain circumstances. There is a need to be aware of
such eventualities. Model tender Documents take care of this aspect.
1.15. Public Procurement Cycle in Procurement of Services
The entire process of procurement and implementation of Non-consultancy services shall
include the following steps:
1. Need Assessment:
a) Preparation of Procurement Proposal (Concept Paper) and obtaining in principle
approvals;
30Manual for Procurement of Non-Consultancy Services, 2025
b) Preparation of the Services and Activities Schedule, cost estimate and seeking
administrative and budgetary approval;
c) Developing a Procurement Plan
2. Bid Invitation Process: Preparing tender documents, publication, receipt and opening
of bids;
3. Bid Evaluation and Award of Contract:
a) Preliminary Examination and Evaluation of technical proposals: consideration of
quality;
b) Evaluation of financial proposals;
c) Selection of winning proposal and award of the contract to the selected firm; and
4. Contract Management: Execution and Monitoring of Service Contract.
Details and procedures of various stages of the procurement cycle would be described in
following Chapters of the manuals.
1.16. Nomenclature Conundrum
1. There is no standardised nomenclature in Public Procurement in India, and a mix of
American, European, and British/ Indian nomenclature has become common. ‘Tender’ is
taken to mean (i) ‘Tender Document’ or ‘Tender Process’ as well as (ii) the ‘Bid’ submitted
by the ‘bidders.’ The Tender Document floated by Procuring Entity is also called a Bid (or
Bidding) Document. Similarly, participants in a ‘tender’ are alternatively called bidders and
tenderers. This duality is reflected in “Notice Inviting Tenders’ and ‘Instructions to Bidders’
etc.
2. An attempt is made to standardise the term ‘Tender’ for ‘Tender Document’ (document
prepared and published by the Procuring Entity, instead of bid/ bidding document) or
‘Tender Process’ and Bid for the ‘bid’ submitted by the ‘bidders’ and hence ‘bidder’ is used
instead of tenderer. Similar attempts are made to standardise other nomenclature in this
document without disturbing the nomenclature (e.g., Pre-qualification Bidding) embedded
in the CPPP or GeM portals.
31Manual for Procurement of Non-Consultancy Services, 2025
Chapter 2: Need assessment and Procurement Planning
2.1. Need Assessment
1. Procurement Proposal: A critical part of the procurement of NC Services process is
preparing an appropriately staffed and budgeted Procurement Proposal/ Concept Paper
(which serve the function that an Indent serves in procurement of Goods). The authority in
the user Department initiating the procurement proposal shall first determine the need
(including anticipated quantum) for the subject matter of the procurement. Purpose/
Objective Statement of Services, Service Outcome Statement, and justification for the
procurement of Services are important parts of the procurement proposal.
2. Services and Activity Schedule containing Service Outcomes, Description/ Scope of
Services, Quantum and Length (Duration/ Frequency/ Shifts) of activities is of fundamental
importance in ensuring value for money, transparency, competition, and level playing field
in procurement of NC Services. The user Department shall maintain all documents relating
to the determination and technical/financial/budgetary approvals of the need for
procurement.
2.2. Procurement Proposal (Concept Paper) for Non-Consultancy
services
2.2.1. Preparing Procurement Proposal/ Concept Paper
As a first step towards procurement of services, a formal written brief Proposal and
Justification for the Services should be prepared (Please see a suggested format in Annexure
3: Format of Procurement Proposal). It is akin to the Indent for Materials/ Material Requisition
in case of Procurement of Goods. The User should prepare in simple and concise language
the requirement, purpose/ objectives and the scope/ outcomes of the Services and justify the
procurement based on analysis of in-house available capacity/ capability. The eligibility and
qualification criteria to be met by the service providers should also be clearly identified at this
stage. Justifications for procurement of NC Services as given in para 1.11 may be kept in view.
It is the basic document for initiating procurement of services. It is also the document from
which the subsequent detailing of Services and Activities Schedule for non-consultancy
services is drawn up. A procurement proposal should contain:
1. Purpose/ Objective Statement of Services: “Purpose/ Objective Statement of Services”
should be prepared by the user. One of the important contents of this statement is short
description of service to describe the subject matter of procurement which would be used
in all subsequent documents. Bringing out the background and context, this should justify
how the proposed procurement of services would fit in with short-term and strategic goals
of Procuring Entity. Making such a statement is important to put the need for services in
clear perspective. It may seem elementary or academic but is a necessary and critical first
step in properly designing a procurement proposal.
2. Service Outcome Statement: Once the “Purpose/ Objective of Services” has been clearly
defined, the next step is to formulate a ‘Service Outcome Statement’. This should list out
qualitatively and quantitatively the outcomes expected from the Procurement of Services,
as well as the expected time-frame and a rough estimate of cost of Procurement of
services (including related costs to be incurred by the organisation). At this stage, it is not
necessary to go into details of all the activities required to achieve the service outcomes,
33Chapter 2: Need assessment and Procurement Planning
but it should list at least the broad activities to help in putting a rough estimate to the cost
of the services. A 'Service Outcome Statement' should provide a concrete basis for
subsequently defining the type and amount of work that needs to be done by service
provider and the time-frame within which the output needs to be received by the user. The
estimated cost is needed to ascertain the level of administrative/ financial approvals
necessary as per SoPP.
3. Justification for the Procurement of Services: The Concept Paper/ Procurement
proposal should analyse the capabilities/ capacities required to carry out the services. It
should also analyse the available in-house capabilities/ capacities and compare these with
the ones required for the assignment. Based on this assessment, the Procurement should
be justified in the light of para 1.11.
2.2.2. In-principle Approval for initiating procurement of Services
Based on the justification in the Procurement Proposal, in-principle administrative approval
and budgetary sanction for initiating procurement of such services should be accorded by the
Competent Authority (CA) as laid down in SoPP. Further stages may be proceeded with only
after such approvals.
2.3. Preparation of Services and Activities Schedules
2.3.1. Services and Activities Schedule
1. Services and Activities Schedule is akin to Description, Quantity and Technical
Specification in Procurement of Goods. This is the first step in the selection of the Service
Provider once a need has been identified. It explains the background and context, purpose/
objectives of the services, scope, quantum, duration/ frequency of activities/ tasks to be
performed, respective responsibilities of the Procuring Entity and service provider,
expected outcomes, and deliverables of the Service. Services and Activities Schedule is
important for an understanding of the service requirement and its correct execution to
ensure that the outcomes of the service are achieved. It reduces the risk for the Procuring
Entity of unnecessary extra work, delays, and additional expenses. In addition, it helps
reduce for the bidders the risk of ambiguities during the preparation of bidder’s proposals
and contract execution. Hence, the Services and Activities Schedule should be
comprehensive and unambiguous. The objectives of the Services and Activities Schedule
are:
a) To provide sufficient information on the quantum, scope, duration/ frequency and
timelines of Services to be performed to enable bids to be prepared efficiently and
accurately; and
b) When a Contract has been entered into, to provide a priced Services and Activities
Schedule for use in the periodic valuation of Services executed.
2. Besides detailing the activities, quantum and time frame, the Services and Activities
Schedule should contain the following sections also:
a) Background:
i) Procuring Entity’s organisation and Project background;
ii) Purpose and Service Outcomes Statement (refer to Chapter 1)
iii) Short Description and Scope of Services (including any incidental works/
goods) that would help the bidders understand the service requirement.
iv) Contract period (and provision of extension, if any), duration/ frequency/
timeline of outcomes/ deliverables;
34Manual for Procurement of Non-Consultancy Services, 2025
v) Type of Contract/ BOQ (Time-based, Unit-Rate, Indefinite delivery, Lumpsum
or Percentage-Based)
vi) Expected requirement of resources: Man-power, Materials, Equipment;
vii) Facilities such as office space, office machines, utilities, local services, etc.,
which would be provided to the Service Provider by the Procuring Entity;
viii) Insurances required, if any;
ix) Statutory and Contractual obligations to be complied with by the Service
Providers
x) Institutional and organisational arrangement for Services (Counterpart Contract
Management Team, Chain of Command, Interim/ ultimate beneficiaries/
stakeholders of Services, and
xi) Procedure for review of the Service delivery after award of contract, including
Service Level Agreement, if any
b) Description of Services: A brief description of the service required is important
information that would help the bidders understand the service requirement. It should
cover background about the Procuring Entity’s organisation and about the project/
service. The Purpose and Service Outcome statement should be included in the
description of services (as finalised for initiating the procurement - Para 2.2.1 above)
to help the service providers understand the requirement.
c) Services and Activities Schedule: In order to attain the objectives of the Services
and Activities Schedule, Services should be itemised in sufficient detail to distinguish
between the different classes of Services or between Services of the same nature
carried out in different locations or in other circumstances which may give rise to
different considerations of cost. There may be more than one Schedule of Services
based on grouping similar services in one Schedule. Each Service should be described
and broken down into discrete activities required to deliver the service. The description/
Scope of Service and Activities should indicate what is (and more important – what is
not) included in the scope and conditions under which Services are to be performed.
Consistent with these requirements, the layout and content of the Services and
Activities Schedule should be as simple and brief as possible. All information relevant
for the bidder to quote a price may be included, e.g., the location, frequency/ shifts/
length and quantum and time-frame/ duration of completion of activities to be
performed. In the Services and Activities Schedule containing scores of items,
evaluation can be simplified if the system used in Works contracts is borrowed, if
feasible, where the Schedule of rates (SoR) for each activity is specified in the bid
documents by the Procuring Entity and only percentage +/- above the SoR (separately
for different Schedules or combined) is asked to be quoted by the bidders.
d) Performance Standards and Quality Assurance: Performance standards/ Service
Levels; functional/ materials/ technical specifications (indicate quantitative and
qualitative parameters/ limits/ thresholds for performance) should be specified overall
for the Service and for each activity, materials, tools and machines to be used in the
activity. It should also include:
i) Any reporting requirement, periodic meetings or other submissions
ii) Any Service Level Agreement, if required, say for the outsourcing of services
iii) Key Performance Indicators indicating how measurement, reporting, and
tracking of performance parameters would be done for Quality Assurance and
35Chapter 2: Need assessment and Procurement Planning
Monitoring of Service (Indicate procedure for quality assurance and monitoring
of services, including institutional or third-party arrangements for this purpose)
iv) Procedure for resolution and escalation procedures in case of deficiency in
performance/ quality/ service levels.
v) Method Statement (Sequencing and inter-dependencies of activities),
methodology, Service Level Agreement, arrangements to ensure
environmental, social, gender, health, and safety requirements if relevant.
Method Statement must be supplemented by information in sub-schedules for
Work Plan and
vi) Schedule for Forms of BOQ/ Contract based on input-admeasurement, Key
Inputs deployments (Personnel Deployment, Critical Equipment Deployment
and Critical Materials Deployment) may not be essential – but list these if
required to achieve the performance standards and quality. If the service is not
dependent on any of the key inputs, that may be omitted.
e) Labour/ Personnel Schedule: If labour/ personnel are used in the activity, these may
be quantified specifying place, shifts and frequency of utilization in the Services and
Activities Schedule. In case any key professionals or Project Manager is required, their
qualification and experience required may also be mentioned. Any relievers and leave
reserve for deploying the personnel should be included in the rate for such personnel
and would not be separately payable.
f) Critical Material Schedule: In case any Materials/ Consumables/ tools of trade are to
be consumed/ deployed, a Separate Materials Schedule should be included, indicating
the specification and quantity of such materials/ consumables/ tools to be consumed/
deployed per unit activity/ day/ location/ per manpower deployed. Price of all these
materials/ tools etc is to be shown as a separate lump-sum cost in the financial bid by
the bidder.
g) Critical Equipment Schedule: Any essential equipment, machinery (Trucks, Cranes,
Washing Machines, Vessels/ crafts, plant, and machinery, etc) that the service provider
must have and should deploy as a qualifying requirement must be mentioned along
with specifications, capacity, age of equipment etc. It should be ensured that operators
for such equipment must be mentioned in the Labour/ Personnel Schedule. In case of
input Admeasurement, indicate only Critical Equipment (not others) required to carry
out the Services to required standards and quality. Categorise the equipment – IT
Equipment/ Motor Vehicles, Cranes, Washing Machines, vessels/ crafts, plant &
machinery etc. Give estimated number location-wise, category wise. This schedule
may not be essential for output-admeasurement BOQ/ Contracts, but list these if
required. If the service is not dependent on Critical Equipment, this may be omitted.)
h) Statutory and contractual obligations to be complied with by the contractor: The
service provider mostly works within the premises of the Procuring Entity, along with a
staff of the Procuring Entity. Many services are subject to various statutory provisions
relating to labour, taxation, Workmen's Safety, Child and Women Labour, Private
Security Agencies, Environmental Protection, Mining, Forest clearance, Employment
reservations, etc. The bidder must have a Service Tax Number, ESI, EPF Registration
Certificate, Registration Declaration of ownership under the Indian Registration Act
1908 and Labour License and PAN (Income Tax). Moreover, the Procuring Entity itself
may have its own regulations about safety, security, confidentiality, etc. All such
statutory and contractual obligations must be listed so that price implications and
36Manual for Procurement of Non-Consultancy Services, 2025
compliance are taken care of by the bidder. In the case of security services contracts,
the bidder must have a valid license to run the business of a Private Security Agency
in the state issued by the appropriate authority for operating Security Services.
i) Facilities and Utilities to be provided by the Procuring Entity to the service
provider at the Site: It should be mentioned if any facility/ utility (IT/ Communication
Services, Emergency Medical, Room, Furniture, Electricity connection, Water
connection) etc would be made available to the successful bidder to carry out the
service. In case it is proposed to charge the Electricity/ Water supplied to the service
provider, the same may be mentioned, including the rate of charges. This aspect has
a great bearing on the cost that will be quoted by the bidders. This can have
implications in vitiating the selection process either way – a facility to be provided may
not get declared, or a declared facility may not be provided ultimately. So great care
and reality check is necessary, while preparing this Statement. Specially mention
facilities and utilities which will not be provided, or the facilities which would be provided
on a chargeable basis. It should be clearly mentioned that the service provider will not
be allowed to use any of Procuring Entity’s facility/ area which are not listed in this
section.
j) Institutional Arrangements and Procedure for Review of Work of Service
Provider after the Award of Contract: Institutional arrangements like the placement
in a Department, name of project manager and chain of command for reporting may
be specified. Process of Review of Service Outcomes and deployment of personnel
and resources should be Cleary brought out.
3. A template for the Services and Activities Schedule is given in Annexure 4.
2.3.2. Estimating Costs, Setting the Budget, and seeking Approval.
1. Preparation of a well-thought-through cost estimate is essential if realistic budgetary
resources are to be earmarked. The cost estimate shall be based on the Procuring Entity's
assessment of the resources needed to carry out the services: managerial and staff time
and physical inputs (for example, materials, consumables, tools and machines). Costs
shall be divided into three broad categories. Profit element, Taxes and duties should be
added to the estimated costs:
a) Remunerations for Personnel deployed;
b) Reimbursable: (Travel, logistics, Consumables, Materials, Tools, Hiring of third-party
services, etc.);
c) Administrative and Miscellaneous (Mobilisation, demobilisation, Temporary Structures,
Administrative expenses, office and IT equipment, contingencies, financing costs,
Costs for hiring/ depreciation/ financing of machinery and equipment, etc)
2. Rates: Costs are normally estimated using unit rates (staff remuneration rates,
reimbursable expenses) and quantities (exceptionally some items may be estimated on
the lump-sum basis or percentage basis – Contingencies and support services).
3. Staff Costs: The estimate of staff cost is based on an estimate of the personnel time (staff-
months/ weeks/ days) required for delivering the services considering time required by
each staff, his remuneration rate (or the minimum wage rate, if applicable), and the related
direct cost component. In general, staff remuneration rates include basic salary, social
charges, overheads, fees or profit and allowances.
37Chapter 2: Need assessment and Procurement Planning
4. A mismatch between the cost estimate and the Services and Activities Schedule is likely
to mislead service providers on the desired scope, quantum, and frequency of service
required, and this could lead to serious problems during contract implementation.
2.3.3. Final Administrative and Budgetary Approvals
1. The Services and Activities Schedule shall be compatible with the available budget. The
most important step is to determine whether all tasks required to achieve the desired
output have been included. The next step is to determine whether an adequate budget
has been allocated to implement the services as proposed. Since the budget may be fixed
or limited, a series of iterations may be required before a final, acceptable Services and
Activities Schedule is formulated. CA's approval may be taken for the Procurement before
proceeding ahead. After administrative approval, provision may be made in the Budget, or
if that is not feasible, additional confirmation at the time of seeking Administrative approval
may be taken from the CA for inclusion in the Revised Estimate stage of the Budget.
Procurement should be initiated only after such approvals and budgetary provisions.
2. Procuring Entities may lay down a schedule of powers for administrative and budgetary
approval of procurement proposals for services. Before granting such approvals, it should
be certified that funds in the budget are available and liability for this procurement proposal
is noted against the total available budget.
2.3.4. Need assessment, Formulation of Terms of Reference, and Procurement
Planning - Risks and Mitigations
Risk Mitigation
1. Need is either artificially created or Keep records and involve stakeholders:
exaggerated, with the intention to channel Records of decision making, and data used
benefits to an individual or an organisation. should be kept. Involve procurement and
For example, demand is created for a good finance functions at this stage also. End user
that is not needed simply to benefit the and stakeholder consultations should be part
company’s owner. of the process.
2. Delays in the Assessment of Need and Need assessment should be done sufficiently
generation of Indent for Procurement may in advance of the time when services are
lead to shortcut procurement procedures required. In the case of urgent requirements,
that dilute transparency and prevent the the urgency certificate should be approved by
achievement of value for money. It may also the authority empowered to grant
lead to delays in the delivery of services. administrative approval for the indent,
recording justification – why the need could
not be formulated earlier.
3. The estimate of the costs may be Estimates of procurement should be prepared
inadequate. This may lead to inadequate with due diligence, keeping in view inflation,
response from the bidders and may delay technology changes, profit margins etc.
finalisation of procurement. It may also
adversely affect the quality of supplies.
38Manual for Procurement of Non-Consultancy Services, 2025
Risk Mitigation
4. Need Description/ Specifications and Use a formal market discovery tool: Pre-
terms of reference are disproportionate to bid conference and/ or well publicised EoI
the need identified or made to tilt in favour of may be used for discovery of the market.
one or a group of vendor(s) or contractor(s) to Otherwise, encourage and invite comments
artificially restrict competition. on the technical and commercial conditions in
the tender document or hold pre-bid
5. Asymmetric dissemination of vital need conference.
information: Dialogue for determining
solutions available in the market is held only
with selected prospective bidders, giving
them an undue advantage in preparing for the
bidding. Selected prospective bidders get
access to inside information not disclosed or
disclosed late to others.
2.4. Developing a Procurement Plan
2.4.1. Planning the Procurement
1. The NC Services may be part of a larger project/ works in which there be other components
of work, Goods or Consultancy/ NC services. Once a project or a program is identified, the
Procuring Entity needs to develop a synchronised procurement plan for all the various
components of the project/programme. This will also require planning of the sequence and
contents of the different components, including NC services, adoption of the most
appropriate method of selection and type of contract and ensuring that selection of service
provider is initiated and completed to meet the overall requirements of the project
implementation. For example, if a service provider is required for housekeeping services
for a hostel still under construction, the entire sequence of preparation of feasibility report,
detailed design and bidding document, the time required for inviting bids for construction
work, and award of contract has to be considered so that the housekeeping service
provider is mobilised at the right time when the hostel is ready for occupation. Procurement
planning is a crucial stage of decision-making in procurement planning for a better
outcome and for VfM considerations.
2. Packaging, Bundling and Slicing: The procuring authority shall normally neither
package nor divide its procurement or take any other action to limit competition among
bidders or to avoid the necessity of obtaining the sanction of higher authority required with
reference to the estimated value of the total demand. Provided that in the interest of
efficiency, economy, timely completion or supply, wider competition, or access to MSEs,
a procuring authority may, for reasons to be recorded in writing, divide its procurement into
appropriate packages or club requirements of other users for procurement. Packaging of
the contract and procurement planning should be done keeping in view the availability and
possibility of eliciting the interest of the qualified firms, effective competition for the type
and size of the contract, and access to MSEs. For example, for a particular contract,
material to be procured may constitute more than 50 (fifty) per cent of the total cost of
works, or there are services that are a mix of consultancy services with substantial
elements of goods, such as procurement of an IT system. Such procurement could be
39Chapter 2: Need assessment and Procurement Planning
done as a single composite contract comprising all components or divided into separate
contracts for each category of procurement. In all such situations, the dominant aspect of
the requirement and value for money aspects of a composite all-inclusive contract versus
dividing the contract into respective categories should be carefully examined at the time of
Need assessment/ Procurement Planning. This is a crucial stage of decision-making in
procurement planning for a better outcome and for VfM considerations;
3. Eligibility for Participation in Tender: Determine and declare in documents any
limitation on participation of bidders as per the Government’s procurement policy regarding
preference to certain sections of industry, if any. The procuring entity shall not establish
any requirement aimed at limiting the participation of bidders in the procurement process
that discriminates against or amongst bidders or against any category thereof except to
lay down a reasonable and justifiable eligibility or pre-qualification criteria for the bidders;
4. System of Tendering and Mode of Procurement:
a) Selection of a system of tendering (single/two stage; single/two bids; suitability for e-
procurement or reverse auction);
b) Select the mode of procurement (open tenders, limited tenders, single tenders, and so
on);
5. Time Frame: Decisions on the timeframe for completing various stages of procurement,
which should be declared in the pre-qualification/bidder registration or tender documents.
The procuring entity should endeavour to adhere to the time limit so decided and record
reasons for any modification of such limits. (Rule 144(ix), GFR 2017)
6. Annual Procurement plans: GFR 2017 (Rule 144 (x)) mandates that All
Ministries/Departments shall prepare Annual Procurement Plan within 30 (thirty) days of
Budget approval, before the commencement of the year and the same should also be
placed on their website. An integrated annual procurement plan should be prepared for
Goods, Works, and Services for the ensuing financial year based on the latest cost
estimates and realistic time schedule for procurement activities and contract
implementation and thus schedule and stagger the procurements over the year with a view
to ensure an even load on the procuring entity and the market and to co-ordinate matching
procurements of Goods, Works, and Services for a project. The procuring entity may
publish information regarding the planned procurement activities for the forthcoming year
or years on CPPP and website/ e-procurement portal used by the procuring entity with a
caveat that such publication shall not be construed as the initiation of a procurement
process and cast any obligation on the procuring entity to issue the tender document or
confer any right on prospective bidders.
7. Mitigating Cartel Formation: Need Assessment and Procurement Planning is the main
stage where this menace can be addressed effectively:
a) Inadequate competition, due to an inadequate number of service providers in the list/
panel of registered service providers, may empower bidders to conspire against the
Procuring Entity:
i) New firms may be encouraged to register themselves for the subject services.
ii) Various services and activities in the Services and Activities Schedule may be
reviewed so that more service providers become eligible. Insisting on costly
machinery to be used may reduce competition and encourage cartel formation.
b) Processes, e.g., pre-bid conferences (where a considerable number of competing
bidders come together on a platform), may facilitate such cartel formation. This may
40Manual for Procurement of Non-Consultancy Services, 2025
be avoided as far as feasible or be held only virtually. However, a pre-bid conference
may be advantageous in the case of turnkey contract (s) and sophisticated and costly
equipment, large works, and complex service assignments, as detailed in para 5.2.3
below.
c) Tendering similar Services and Activity Schedule with similar conditions, year on year,
provides a stable conspiring environment for the bidders to come to an agreement for
quoting prices and quantities. Therefore, the following action can be considered to vary
quantity and conditions to make it difficult for cartels:
i) Change the mode of procurement - OTE instead of LTE, or GTE instead of
OTE; or bypass the pre-qualification stage and vice versa.
ii) Change the packaging/slicing by clubbing/ slicing services/ activities in a
tender.
iii) Change the pre-qualification criteria, especially in the case of slicing/
packaging, to broaden the target bidders.
8. Strategizing Large Procurement: Large procurements warrant strategies to achieve
competition and VfM. Large procurements require the application of mind during need
assessment, cost estimation and procurement planning, where the blind application of
rules may not bring VfM. Formal market research can reveal important parameters of the
market that can be used for designing optimal procurement strategies (alternative methods
of procurement, slicing/ packaging, mitigating cartels, optimising various features/
specifications of the item) to maximise VfM and competition. Some of the market
parameters to look for are:
a) Total Production Capacities and total demand for the NC Services in the region or
the State. Is there an unbalanced demand/ supply?
b) Volumes of procurement: How significant is our requirement vis-à-vis the market?
Would clubbing demands increase bargaining power? Can we collaborate with another
large public-sector buyer? Has there been a recent major procurement that may
constrict available capacity?
c) Level of competition – location-wise number of service providers, co-ordination/
cartelisation among them, major service providers/ buyers controlling the market
d) Manpower constraints, Skills/Manpower bottlenecks, logistics, geopolitical issues.
e) Statutory Constraints: patents, manufacturing processes, pollution, and other legal
restrictions, etc. Should we tinker with specifications to get VfM?
2.4.2. Procurement Planning - Risks and Mitigations
Risk Mitigation
1. Packaging, bundling, and slicing of Lay down a clear policy for packaging and
requirements are done to avoid open bundling of requirements. In large
competition or reduce competition. Or it is packages, the affordability of EMD and
too large to make it difficult for MSEs to resultant restriction on competition may be
participate. Possible clubbing/collaboration kept in view, and bidders may be allowed to
among different units having the same needs bid for slices of the package by depositing
has not been explored. proportional EMD.
41Manual for Procurement of Non-Consultancy Services, 2025
Chapter 3: Participation of Bidders and Governance Issues
3.1. Eligibility Criteria for Participation in Tender Process
1. Normally, participation in the Tender Process should be open to all bidders. However, the
procuring entity should lay down ‘Eligibility’ criteria based on the requirements of the
procurement and Government Policies. ‘Eligibility’ and ‘Qualification’ criteria (Experience,
Performance, and Financial Capabilities) are entirely different criteria and should not be
mixed up. ‘Eligibility’ criteria regulate the participation of bidders in the Tender process,
while ‘Qualification’ criteria are for the evaluation of bidders for the award of the contract.
The bidder should meet the eligibility criteria as of the date of his bid submission (and
should continue to meet these till the award of the contract); otherwise, his bid would be
rejected as non-responsive and would not be evaluated for the award of the contract. The
bidder shall be required to declare fulfilment of Eligibility Criteria in his bid document. Some
of the eligibility criteria are related to the following issues (for details, refer to relevant
Model Tender Documents):
a) Legal status of the bidder: Individual bidder - a natural person or a private entity or
a public entity (State-owned enterprise or institution), or a Joint Venture/ Consortium
(an association of several persons, firms, or companies - hereinafter referred to as
JV/C). JV/C may be permitted to participate in the procurement of Non-consultancy
services only in specific situations where the credentials required are not likely to be
available with an individual bidder. Participation of JV/C is specifically discouraged in
the case of Quality Oriented Procurement (QOP) with QCBS evaluation (Please refer
to para 4.3.2 below).
b) Participation of demerged entities20 (by virtue of a corporate restructuring exercise
etc.): Tender documents must clearly mention if (and under what conditions) the
demerged entity will be permitted to use credentials of original/parent entity (for initial
five years from the incorporation of the demerged entities) to satisfy the eligibility
criteria or not in the specific tender.
c) Requirement of various registrations/ licences from various statutory authorities
required for the subject matter of procurement: GSTIN, PAN, EPF, ESI, Labour, Private
Security Agencies (PASARA), etc.
d) Submission of requisite Bid Security (or Bid Security Declaration, if allowed) or proof
of exemption therefrom
e) free from Financial insolvency, Debarment, or Convictions;
f) A consistent history of litigation or arbitration by the bidder may result in
disqualification;
g) free from ‘Conflict of Interest’ with other bidders, which may affect fair competition.
h) Restriction on participation as per Government Policies:
i) For Class-II Local Suppliers and Non-Local bidders as per the Make-in-India
policy.
ii) Any bidder from a country sharing a land border with India (but not in
development partnership with India), or any bidder (including Indian) with a
20
As per DoE’s OM No. No. F .8/78/2023-PPD dated 12.10.2023, in suitable cases procuring entity may consider
the credentials based on the merit and circumstances of the cases like type of procurement, nature of demerger,
number of eligible bidders available etc.
43Chapter 3: Participation of Bidders and Governance Issues
Specified Transfer of Technology (ToT) arrangement with such a country, shall
be eligible subject to certain conditions.
3.2. Legal Status of Bidders
3.2.1. Individual Persons
1. Individual service providers: Individual service providers are recruited for similar
activities as Service providing firms when a full team is not considered necessary. They
may be independent experts not permanently associated with any particular firm, or they
may be employees of a firm recruited on an individual basis. They may also be employees
of an agency, institution, or university. They are normally recruited for project
implementation supervision, training, provision of specific expert advice on a highly
technical subject, policy guidance, special studies, compliance supervision, or
implementation monitoring. Individual service providers are not normally recruited for
project preparation unless the proposed project is simple and, generally, a repeat of an
already established and successful project. If more than three experts are required, then
the assignment should normally be undertaken by a team from a firm. As with firms,
individual service providers are classed as either international or national, depending on
their level of expertise and their international experience and exposure.
2. Retired Government Servants: As Service Providers, retired Government servants can
be hired/ engaged only for a specific task and for a specific duration. They should be
assigned clear output related goals. For such engagements on a full-time basis (when they
are not allowed to concurrently do any other assignment) on a monthly basis, their
remuneration should be fixed as last pay drawn minus pension, as per extant DOPT
guidelines. However, for part-time non-exclusive engagements, the Procuring Ministry/
department may fix remuneration on a per day/ month or lump-sum basis. They should not
be engaged as consultants against regular vacant posts, such engagements should be
handled as a personnel matter.
3.2.2. Private and Public Entities:
1. Service Providing Firms: The main source of service providers is service providing firms
with diverse specialisations that provide non-consultancy services to clients. Such firms
are normally classified as either international – firms that have international experience
and are capable of undertaking work at the international level at international rates or
national – firms that may not have international exposure and normally undertake
assignments only within that country, usually at significantly lower rates.
2. Non-governmental Organizations (NGO): There may be distinct advantage in use of
Non-governmental organizations (NGOs) in Projects which emphasize experience in
community participation and in-depth local knowledge – for example, Projects related to
Corporate Social Responsibility (CSR) or Government Social Initiatives like ‘Swatch
Bharat Abhiyan’ etc.
3. Specialized Agencies and Institutions: Specialized agencies or institutions (including
Government/ Semi-Government agencies, universities, research, and professional
institutions) may also, from time to time, be recruited to provide Non-consultancy services.
These services may be provided by individuals (as discussed above) or by teams.
Nonetheless, there are, at times, distinct advantages to using such agencies. Experts and
teams from such agencies and institutions may undertake a variety of roles across the
whole field of possible Non-consultancy services. These may range from project
44Manual for Procurement of Non-Consultancy Services, 2025
preparation through project supervision and policy advice to project benefit monitoring and
evaluation.
3.2.3. Association of several Bidders
1. Sub-contracting: A bidder who is capable of being selected for the award of the contract
on his own credentials may propose to sub-contract a part of the contract for specialised
items of services as a financial or technical strategy. The names and details of the sub-
contracts are to be clearly stated in the bid submitted by Bidder, provided further that such
sub-contractor should not circumvent the eligibility criteria. Qualifications of these sub-
contractors shall not be considered in the evaluation of qualification criteria for the bid.
Despite any approval granted by the Procuring Entity for such arrangements, the Bidder/
Contractor shall be solely and directly responsible for executing sub-contracted portions
of the contract. The total value of the sub-contracting portion of services must not exceed
the per cent of the contract price as specified in the Tender Document/ Contract (if not so
specified 25 (twenty-five) percent). Sub-contracting by the contractor without the approval
of the Procuring Entity shall be a breach of contract.
2. Consortium of service providers:
a) In large and complex assignments, service providers may associate with each other to
form a consortium to complement their respective areas of expertise, to increase the
technical responsiveness of their proposal, and make larger pools of experts available
or for other reasons. Such an association may be for the long term (independent of
any particular assignment) or for a specific assignment.
b) Such associations are called Consortium or Joint Ventures (JVs) for the purpose of
this Manual. In case of consortium or JVs, The consortium may take the form of a Joint
Venture (JV). In which case, all members of the JV shall sign the contract and shall be
jointly and severally liable for the entire assignment. However, the Procuring Entity only
deals with the lead member of consortiums/ JVs for all the purposes. After the short
list is finalised, and the Request for Proposal (RfP) is issued, any association in the
form of a consortiums/ JVs or sub consultancy among the short-listed firms shall be
permissible in accordance with provisions stated in the RfP. Under such circumstance,
one of the shortlisted consultants must become the lead member of the consortium/
JV.
c) Bid documents should clearly specify whether consortiums/ JVs are allowed to bid (in
case of complex and large assignments, say above certain values (say - Rs. 5 (Rupees
five) crore). A maximum number of partners in a consortium/ JV shall be limited (say –
three). In case consortiums/ JVs are permitted to bid, it should be clarified what
qualifications are to be collectively (clubbed together) met by the consortium/ JV
partners (say experience of non-consultancy service, etc) and what each partner has
to meet individually and separately (say financial capacity). In the case of each
member meeting credentials individually, it should also be specified that each partner
should meet at least 25% (and the lead partner at least 50%) out of the qualifying limit
(say financial capacity/ turnover).
d) If consortiums/ JVs are allowed, measures should be taken to ensure that all the
consortium/ JV partners are present and deliver services all through the contract
period. An Implementation Board with participation of all consortium/ JV partners may
be provided for wherein the Project Manager from the procuring entity shall also be
allowed audience when required. Meeting of consortium/ JV partners with the project
45Chapter 3: Participation of Bidders and Governance Issues
executing authority for quarterly progress review may be made as a criterion linked to
achievement of key dates or even payment.
3.3. Governance Issues in Procurement of Services
3.3.1. Standards (Canons) of Financial Propriety
Public Procurement, like any other expenditure in Government, must conform to the Standards
(also called Canons) of Financial Propriety. It may be useful to refer to the relevant provisions
in the General Financial Rules, 2017
Rule 21. Standards of financial propriety: Every officer incurring or authorising
expenditure from public moneys should be guided by high standards of financial
propriety. Every officer should also enforce financial order and strict economy and
ensure that all relevant financial rules and regulations are observed by his own office
and by subordinate disbursing officers. Among the principles on which emphasis is
generally laid are the following: -
i) Every officer is expected to exercise the same vigilance in respect of expenditure
incurred from public moneys as a person of ordinary prudence would exercise in
respect of expenditure of his own money.
ii) The expenditure should not be prima facie more than the occasion demands.
iii) No authority should exercise its powers of sanctioning expenditure to pass an order
that will be directly or indirectly to its own advantage.
iv) Expenditure from public moneys should not be incurred for the benefit of a
particular person or a section of the people unless —
a) a claim for the amount could be enforced in a Court of Law, or
b) the expenditure is in pursuance of a recognized policy or custom.
3.3.2. Right to Information and Proactive Information Disclosures
Section 4(1) (b) of the RTI Act lays down the information to be disclosed by public authorities
on a suo-motu or proactive basis, and Section 4(2) and Section 4(3) prescribe the method of
its dissemination to enhance transparency and also to reduce the need for filing individual RTI
applications. The Department of Personnel & Training, Ministry of Personnel, Public
Grievances & Pensions, Government of India, has issued “Guidelines on suo motu disclosure
under Section 4 of the RTI Act” vide their OM No.1/6/2011-IR dated April 15, 2013.21. The
relevant guidelines relating to information disclosure relating to procurement are reproduced
below:
“Information relating to procurement made by public authorities, including
publication of notice/tender enquiries, corrigenda thereon, and details of bid
awards detailing the name of the Vendor/ Contractor of goods/services being
procured or the works contracts entered, or any such combination of these and the
rate and total amount at which such procurement or works contract is to be done
should be disclosed. All information disclosable as per Ministry of Finance,
Department of Expenditure’s O.M. No 10/1/2011-PPC dated 30th November, 201122
(and 05th March 201223 ) on Mandatory Publication of Tender Enquiries on the
21 http://cic.gov.in/GuidelinesOnProActive.pdf
22 http://finmin.nic.in/the_ministry/dept_expenditure/gfrs/pub_tender_enq_cppportal.pdf
23http://eprocure.gov.in/cppp/sites/default/files/instruction_contents/INST_DOC_NO_7/OM_DoE_5thMarch2012.p
df
46Manual for Procurement of Non-Consultancy Services, 2025
Central Public Procurement Portal and O.M. No. 10/3/2012- PPC dated 09th
January 2014 on implementation of comprehensive end-to-end e-procurement
should be disclosed under Section 4 of the Right to Information Act.
3.3.3. Code of Integrity for Public Procurement (CIPP)
1. Public procurement is perceived to be prone to corruption and ethical risks. To mitigate
this, the officials of Procuring Entities and the bidders/ suppliers/ contractors/ service
providers involved in the procurement process must abide by the following Code of
Integrity for Public Procurement (CIPP). All Procuring officials may be asked to sign
declarations to this effect periodically and in various Procurement decisions (including
Need Assessment). The bidders/ suppliers/ contractors/ service providers should be asked
to sign a declaration for abiding by a Code of Integrity for Public Procurement in registration
applications and in bid documents, with a warning that, in case of any transgression of this
code, its name is not only liable to be removed from the list of registered suppliers/
contractors/ service providers, but it would be liable for other punitive actions as detailed
in sub-para 3) below. (Rule 175 (2) of GFR 2017).
2. Code of Integrity for Public Procurement: Procuring authorities, as well as bidders,
suppliers, contractors, consultants, and service providers, should observe the highest
standard of ethics and should:
a) not indulge in the following prohibited practices, either directly or indirectly, at any
stage during the procurement process or during the execution of resultant contracts:
i) “Corrupt practice”: making offers, solicitation or acceptance of bribes,
rewards or gifts or any material benefit, in exchange for an unfair advantage in
the procurement process or to otherwise influence the procurement process or
contract execution;
ii) “Fraudulent practice”: any omission or misrepresentation that may mislead
or attempt to mislead so that financial or other benefits may be obtained or an
obligation avoided. This includes making false declarations or providing false
information for participation in a tender process or to secure a contract or in the
execution of the contract;
iii) “Anti-competitive practice”: any collusion, bid rigging or anti-competitive
arrangement, or any other practice coming under the purview of The
Competition Act, 2002, between two or more bidders, with or without the
knowledge of the Procuring Entity, that may impair the transparency, fairness,
and the progress of the procurement process or to establish bid prices at
artificial, non-competitive levels;
iv) “Coercive practice”: harming or threatening to harm persons or their property
to influence their participation in the procurement process or affect the
execution of a contract;
v) “Conflict of interest” (COI): any personal, financial, or business relationship
between the bidder and any personnel of the procuring entity who are directly
or indirectly related to the procurement or execution process of the contract,
which can affect the decision of the procuring entity directly or indirectly;
vi) “Undue Advantage”: improper use of information obtained by the bidder from
the procuring entity with an intent to gain an unfair advantage in the
procurement process or for personal gain. This also includes if the bidder (or
47Chapter 3: Participation of Bidders and Governance Issues
his allied firm24 ) provided services for the need assessment/ procurement
planning25 of the tender process in which he is participating;
vii) “Obstructive practice”: materially impede the Procuring Entity’s investigation
into allegations of one or more of the above mentioned prohibited practices
either by deliberately destroying, falsifying, altering, or by concealing of
evidence material to the investigation or by making false statements to
investigators and/or by threatening, harassing or intimidating any party to
prevent it from disclosing its knowledge of matters relevant to the investigation
or from pursuing the investigation; or by impeding the Procuring Entity’s rights
of audit or access to information.
b) proactively disclose26 , whether asked or not, in a tender document:
i) Procuring authorities27 as well as bidders, suppliers, contractors, consultants,
and service providers, are obliged under the Code of Integrity for Public
Procurement to suo-moto proactively declare any Conflicts of Interest as per
sub-para-a)-v) above– pre-existing or as soon as these arise at any stage in
any procurement process or execution of the contract. Please refer to para
5.2.2-3 below;
ii) Bidders must declare any previous transgressions with respect to the
provisions of sub-para a) above with any entity in any country during the last
three years or of being debarred by any other procuring entity. Failure to do so
would amount to a violation of this code of integrity;
iii) The bidder/contractor must disclose any commissions or fees that may have
been paid or are to be paid to agents, representatives, or commission agents
concerning the selection process or execution of the Contract. The information
disclosed must include the name and address of the agent, representative, or
commission agent, the amount and currency, and the purpose of the
commission or fee in a format given in the Tender Document.
3. Punitive Provisions: Without prejudice to and in addition to the rights of the Procuring
Entity to other penal provisions as per the bid documents or contract, if the Procuring Entity
concludes that a (prospective) bidder/ contractor/ supplier/ consultant/ service provider,
directly or through an agent, has violated this code of integrity in competing for the contract
or in executing a contract, the Procuring Entity may take appropriate measures including
one or more of the following:
a) if his bids are under consideration in any procurement:
i) Forfeiture or encashment of bid security;
24
Please see definition in ‘Procurement Glossary” section
25
inter-alia need assessment, preparation of - feasibility/ cost estimates/ Detailed Project Report (DPR), design/
technical specifications, terms of reference (ToR)/ Activity Schedule/ schedule of requirements or the Tender
Document etc.
26
To encourage voluntary disclosures, such declarations would not mean automatic disqualification for the bidder
making such declarations. The declared conflict of interest may be evaluated, and mitigation steps, if possible,
may be taken by the procuring entity. Similarly, voluntary reporting of previous transgressions of the Code of
Integrity elsewhere may be evaluated, and barring cases of debarment, an alert watch may be kept on the bidder’s
actions in the tender and subsequent contract.
27 Please refer to example in para 3.10-5) for clarification of conflict of interest relating to personnel of procuring
Entity.
48Manual for Procurement of Non-Consultancy Services, 2025
ii) Calling off of any pre-contract negotiations and;
iii) Rejection and exclusion of the bidder from the procurement process.
b) if a contract has already been awarded:
i) Cancellation of the relevant contract and recovery of compensation for loss
incurred by the Procuring Entity,
ii) Forfeiture or encashment of any other security or bond relating to the
procurement;
iii) Recovery of payments made by the Procuring Entity along with interest thereon
at the prevailing rate;
c) Provisions in addition to the above:
i) Removal from the list of registered service providers and debarment of the
bidder from participation in future procurements of the Procuring Entity for a
period not exceeding two years and not less than six months;
ii) In case of anti-competitive practices, information for further processing may be
filed by the Competent Authority with the Competition Commission of India;
iii) Initiation of suitable disciplinary or criminal proceedings against any individual
or staff found responsible.
3.4. Integrity Pact (IP)
1. The Pre-bid Integrity Pact is a tool to help Governments, businesses, and civil society fight
corruption in public contracting. It binds both buyers and sellers to ethical conduct and
transparency in all activities, from pre-selection of bidders, bidding and contracting,
implementation, completion and operation related to the contract. This removes the
insecurity of Bidders, that while they themselves may abjure Bribery, their competitors may
resort to it and win contracts by unfair means.
2. Ministries/ Departments and their attached/ subordinate offices (including autonomous
bodies) should incorporate the Integrity Pact28 in the procurements/ contracts of the nature
and of a threshold value, decided by the Ministries/ Departments with the approval of the
Minister in charge. As guidance, the threshold should cover bulk (80-90% - eighty to ninety
percent by value) of its annual procurement expenditure. The format of the Integrity Pact
is included in Annexure 12. Ministries/ Departments including their attached/ sub-ordinate
offices and CPSEs may use this format of Integrity Pact, with the suitable changes specific
to the situations in which pact is to be used.
3. CVC issued a revised Standard Operating procedure29 and has further stated30 that in
view of the increasing procurement activities of Public Sector Banks (PSBs), Public Sector
Insurance Companies (PSICs) and Public Sector Financial Institutions (FIs) shall also
adopt and implement the suggested format of the Integrity Pact. In the case of sub-
contractors, the IP shall be a tri-partite arrangement to be signed by the organization, the
contractor, and the sub-contractor. Please refer to Annex-2 of Annexure 12 for details.
28
OM No.14(12)/ 2008- E-ll(A) dated 19th July 2011
29
vide CVC Circular No.04/06/23 (015/VGL/091 dtd 14/06/2023)
30
vide CVC Circular No.06/05/21 (015/VGL/091 dtd 03/06/2021)
49Chapter 3: Participation of Bidders and Governance Issues
3.5. Grievances and its Redressal:
1. Procuring Entities shall provide a suitable clause in their Tender Documents for the
redressal of grievances of bidders.
2. Any supplier, contractor, consultant or service provider that claims to have suffered or is
likely to suffer loss or injury as a result of a decision/ action/ omission of the Procuring
Entity may make an application for its review within a period of Five (5) days from its date,
or any other time period, that may be specified in the tender documents, to the designated
officer named in the tender documents in this regard (or the Head of the Procuring Entity,
if not so specified), specifying the ground(s) and the relevant clauses of the tender
documents. Unsuccessful Bidders may seek de-briefing regarding the rejection of their bid,
in writing or electronically, within Five (5) days, or any other time period, that may be
specified in the tender documents, of the declaration of techno-commercial or financial
evaluation results.
3. Only a directly affected bidder can represent in this regard:
a) Only a bidder who has participated in the concerned procurement process, i.e., pre-
qualification, bidder registration or bidding, as the case may be, can make such
representation.
b) In case the pre-qualification bid has been evaluated before the bidding of Technical/
financial bids, an application for review in relation to the technical/ financial bid may be
filed only by a bidder who has qualified in the pre-qualification bid;
c) In case the technical bid has been evaluated before the opening of the financial bid,
an application for review in relation to the financial bid may be filed only by a bidder
whose technical bid is found to be acceptable.
d) The following decisions of the procuring entity in accordance with the provision of
internal guidelines shall not be subject to review:
i) Determination of the need for procurement;
ii) Selection of the mode of procurement or tendering system;
iii) Choice of selection procedure;
iv) Complaints against specifications except under the premise that they are either
vague or too specific to limit competition may be permissible.
v) Provisions limiting the participation of bidders in the procurement process in terms
of government policies.
vi) Provisions regarding purchase preferences to specific categories of bidders in
terms of policies of the Government
vii) The decision to enter into negotiations with the L1 bidder;
viii) Cancellation of the procurement process except where it is intended to
subsequently re-tender the same requirements;
ix) Issues related to ambiguity in contract terms shall not be taken up after a contract
has been signed; all such issues should be highlighted before the
vendor/contractor consummates the contract.
4. This grievance redressal is beside the avenue of complaints to the vigilance department
of the procuring organisation or judicial remedies.
5. If received during the processing of the tender, the officer receiving the application shall
forward it to the TC/Convener of TC for its examination on merits and action as considered
necessary. An interim reply may be sent that the application will be kept in view in the
tender evaluation, and a final response shall be given only after the declaration of the
50Manual for Procurement of Non-Consultancy Services, 2025
award of the contract. The Tender Committee shall place the application on record,
including its analysis and action taken thereon, in the TC minutes/ report to the Competent
Authority. After the award, the competent authority shall respond to the aggrieved party as
per sub-para 6) below.
6. If such grievance is received after the declaration of the award of the contract, the officer
receiving the application shall forward the application to the Competent Authority of the
tender for his examination on merits and action as considered necessary. Such post award
grievance must be redressed and closed within 30 days of receipt of the grievance. If the
Competent Authority finds the complaint to have substance, appropriate and feasible
remedial measures should be initiated as per sub-para 7) or 8) below.
7. If the grievance is resolved or if the grievance is found to be unwarranted, the aggrieved
party shall be informed by the officer receiving the application of the final decision without
disclosing confidential details.
8. Based on such representation, if the Competent Authority is satisfied that there has been
a contravention of procurement guidelines in this case, he may initiate such action as, in
his opinion, is necessary to rectify the contravention, including:
a) If the grievance is due to inadequacy of procurement guidelines or a lack of
understanding of the staff, remedial action to address such lacunae may be initiated
without repercussions to the concerned staff.
b) Annulment or reconsideration of the procurement proceedings;
c) cancellation of the resultant procurement contract, if legally feasible;
d) In case any individual staff is found responsible, suitable disciplinary proceedings
should be initiated against such staff under the conduct rules.
e) In case the complicity of any bidder is proved,
i) removal of the concerned firm from the list of registered firms
ii) debarment of the bidders, if warranted
iii) reporting the matter to the Competition Commission of India (CCI) in case of anti-
competitive actions by the bidder.
f) Handing over the case to CVO if there are aspects that require investigations.
3.6. Conduct of Public Servants in Public Procurement – Risks and
Mitigations
Risk Mitigation
1. Hospitality: Hospitality (including Hospitality must never be solicited, directly or
facilitation of travel, lodging, boarding indirectly. The frequency, scale and number of
and entertainment during official or officials availing hospitality should not be allowed to
unofficial programs) from service identify the recipient in a public way with any
providers may tend to cross the limits particular contractor, supplier or service provider or
of ethical/ occasional/ routine/modest/ raise doubts about its neutrality. It should not involve
normal business practice. Officials significant travel, overnight accommodation, or trips
sent to the firm’s premises for abroad. Particular care should be taken in relation to
inspections/ meetings may mistakenly offers of hospitality from firms (say, participating in
presume entitlement to hospitality current or imminent tenders or their execution) who
from the firm, even if other
51Chapter 3: Participation of Bidders and Governance Issues
Risk Mitigation
arrangements are available at the stand to derive a personal or commercial benefit from
location. their relationship with the recipient.
2. Gifts: Gifts from service providers Gifts must never be solicited, directly or indirectly. An
may tend to cross the limits of ethical/ official should not accept and retain gifts that are
occasional/ routine/modest/ normal more valuable than the limit as laid down in the
business practice, especially during conduct rules. Cash, gift cheques or any vouchers
the festive season. Since the value of that may be exchanged for cash may not be
the gift may not be known to the accepted, regardless of the amount. Particular care
recipient, it may cause an inadvertent should be taken in relation to gifts from firms (say,
violation of Conduct rules. participating in current or imminent tenders or their
execution) who stand to derive a personal or
commercial benefit from their relationship with the
recipient. Any gift received inadvertently in violation
of the above must immediately either be returned or
reported and deposited in Toshakhana/ Treasury.
3. Private Purchases from Official Officials involved in Public Procurement must never
Service Providers: Procuring indulge in any non-official pecuniary transaction with
Officials may mistakenly consider it the contractors, suppliers, or service providers with
innocuous to seek discounts in private whom they have official dealings, including seeking
procurements from service providers or accepting special facilities or discounts on private
having official dealings or its allied purchases (particularly the same items that are being
firms (especially from Rate Contract ordered officially on rate contracts).
holders).
4. Sponsorship of Events: Procuring Officials involved in Public Procurement must never
Officials may mistakenly consider it indulge in any non-official pecuniary transaction with
innocuous to seek financial favours the contractors, suppliers, or service providers with
(donations, advertisements for whom they have official dealings, including soliciting
souvenirs, and contributions in cash or of sponsorship for unofficial and private cultural,
kind) in relation to sponsoring cultural, social, sporting, religious, charitable, or similar
social, charitable, religious, or sporting organisations or events.
events in the false belief that since
they are personally not benefitted, it
would not be a violation of CIPP.
5. Conflict of Interest (COI): para Interpretation of Conflict of Interest would depend on
3.3.3-2-a-v) Code of Integrity for the organisational structure and its unique
Public Procurement has a provision circumstances and cannot be laid down universally.
that defines Conflict of Interest as:” However, some illustrative examples are given below
“…any personal, financial, or to provide context.
business relationship between a) Officers that can be considered to be related to
the bidder and any personnel of the tender or execution process would depend
the procuring entity who are on the organisational structure and sensitivity of
52Manual for Procurement of Non-Consultancy Services, 2025
Risk Mitigation
directly or indirectly related to their role in procurement. It may cover key
procurement or execution officials (and any external consultants/ advisors)
process of the contract, which involved in making a recommendation, various
can affect the decision of the approvals, or making a major decision at any
procuring entity directly or stage in procurement – i.e., during need
indirectly……” determination/ indenting, Tender Document
There may be dilemmas regarding the preparation/ preparation of comparative
officers related to the tender or tabulation; Technical and Financial evaluation of
execution process and, even if minor, Bids; negotiation/ signing of Contract; execution
routine transactions. of the contract; payments to the contractor.
b) As an illustration – COI (actual, potential, or
perceived) can arise if such officers (or his close
family31) have:
i) Substantial business interests in the
firm31 (e.g., shares more than 0.1% of
market cap), taken a loan or other
financial obligation (say discounts)
from the firm or its personnel), etc.
ii) Business relationships with the firm –
say previously worked for the firm or
availed hospitality/ gifts beyond the
limits laid down in the Code of
Conduct of the organisation, etc.
iii) Familial relationship31 with the
personnel of the firm.
iv) close personal friendships or regular
(say, more than once in a quarter)
social interactions (e.g., clubs,
games, social associations) with the
Firm’s personnel, etc.
c) Resolution of COI: It shall be the responsibility
of such officials to declare COI (to the extent he
is aware of, in normal course) with reference to
a procurement process to the Competent
Authority/ next higher officer. The competent
officer may evaluate the level of COI and the
sensitivity of the function assigned to the official.
He may either determine
i) COI is insignificant enough to
influence the type of function
31
Close family for this purpose shall be officer’s spouse, parents, children, and their families. As far as extended
family - Siblings/ Uncles/ Aunts/ Cousins and their families are concerned, the situation would depend on
closeness of relationships and whether the officer would in normal course be aware of their activities.
53Chapter 3: Participation of Bidders and Governance Issues
Risk Mitigation
performed by the official and ask the
officer to continue his function.
ii) If COI or the type of function is
significant, nominate any alternative
officer to perform the function (partly
or fully) of this official in that
procurement process.
3.7. Development of New Sources and Registration/ Empanelment/
Pre-qualification of Firms
1. Normally, in open tendering, there should be no restriction of prior registration. Entities
may provide for registration after selection in unrestricted open tendering. Difference may
be noted between registration, empanelment (maintaining a classified list of firms based
on their experience usually required in case of limited tenders), and prequalification.
a) Registration is to establish genuine identification of the firm (e.g., for e-procurement
portals, preferential procurement, and so on).
b) Empanelment is to establish prima-facie capability for restricted tendering (not open
tendering, e.g., limited tendering panels, also useful in special limited tenders).
c) Pre-qualification and Multi-use Lists:
i) Pre-qualification: Wherever the nature of the requirement dictates competition
only among prequalified bidders (without vitiation of prices offered by
unqualified bidders), prequalification may be done with open tendering in the
prequalification bidding stage.
ii) Approved List/ Multi-use List: If there are frequent requirements of such
nature, prequalification may be done through an open process with an
extended validity of the Shortlist of Qualified Bidders (called List of approved
Sources, in some organisations, e.g., Ministry of Railways), for example, one
year or longer. The use of a List of Qualified Bidders is also known as a Multi-
use list in many countries, as distinct from empanelment (e.g. Limited Tender
Panel – which does not undergo a formal open tender pre-qualification/ EoI
process). In such long-term Multi-use lists or Approved Lists, if any competent
bidder applies for inclusion at any time, it should be examined as per the criteria
of the original multi-use list. For further details please refer to Chapter 3 of
Manual for Procurement of Goods, 2024.
2. However, since in common parlance, registration is a word interchangeably for the above
three concepts, used by most of departments, this usage is being retained, though the
distinction would be clear from the context of usage.
3. For goods and services not available on GeM and for Works, the Head of Ministry/
Department may periodically register suppliers of goods and services that the Department
or Office specifically requires. Ensuring an up-to-date and current list of registered,
capable, and competent suppliers/ service providers facilitates efficiency, economy, and
promotion of competition in public procurement, especially while floating a limited tender/
local purchase/ direct contracting. For such tenders, it may be possible to skip bidder
54Manual for Procurement of Non-Consultancy Services, 2025
qualification to avoid unnecessary repetition/ duplication of efforts, thereby saving time,
especially in the case of emergency procurement. Registration of the supplier/ service
provider should be done following a fair, transparent, and reasonable procedure and after
giving due publicity. Such registered suppliers/ service providers should be on-boarded on
GeM as and when the item or service gets listed on GeM.32 The list of registered Firms for
the subject matter of procurement should be exhibited on the websites of the Procuring
Entity/ their e-procurement portals.
4. All Ministries/ Department may use such lists prepared by other Ministries / Departments
as and when necessary. Empanelled Firms are ordinarily exempted from furnishing
earnest money deposit/ bid security with their tenders for items, and Monetary Limits for
which they are empanelled.
5. In cases where the firm is not considered capable and registration cannot be granted, the
authority concerned shall communicate the deficiencies and shortcomings directly to the
firms under intimation to the appellate authority. Where a request for re- verification and
review is made by the firm (such a request can be made only after six months), along with
any fee as prescribed and within the period prescribed by the Department, review shall be
undertaken. Requests for re-verification after expiry of the said period would be treated as
a fresh application and processing fee, if any prescribed, charged accordingly.
6. Procuring Entity shall retain its option to reassess firms already registered, at any later
date, to satisfy itself with the current financial soundness/ credit worthiness, facilities
available, and so on. Thereafter, the Procuring Entity may decide to retain them as
registered suppliers/ service providers for the requirements and monetary limit earlier
considered or with necessary changes as deemed fit. In case of adverse reports from the
team of Procuring Entity’s officers who reassess the firm, Procuring Entity shall delete/
downgrade such firm from the registered suppliers/ service providers list
7. Further details about procedure for registration is given in para 3.6 of the Manual for
Procurement of Goods, 2024.
(Rule 150 of GFR 2017)
3.8. Debarment of Service Providers
3.8.1. GFR Provisions
1. Registration of service providers and their eligibility to participate in Procurement Entity’s
procurements is subject to compliance with the Code of Integrity for Public Procurement
and satisfactory performance in contracts. Rule 151 of General Financial Rules (GFR),
2017 states the following regarding the ‘Debarment from Bidding’: -
a) A bidder shall be debarred if he has been convicted of an offence-
i) under the Prevention of Corruption Act, 1988; or
ii) the Bhartiya Nyaya Sanhita (BNS), 2023 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 the execution of a public procurement contract.
32
Amended vide DoE OM No. F.1/26/2018-PPD dated 02.04.2019.
55Chapter 3: Participation of Bidders and Governance Issues
b) A bidder debarred under sub-section (a), or any successor of the bidder shall not be
eligible to participate in a procurement process of any procuring entity for a period not
exceeding three years33 commencing from the date of debarment. The
c) A procuring entity may debar a bidder or any of its successors from participating in any
procurement process undertaken by it for a period not exceeding two years if it
determines that the bidder has breached the code of integrity. The Ministry/
Department will maintain such list which will also be displayed on their website.
d) The bidder shall not be debarred unless such bidder has been given a reasonable
opportunity to represent against such debarment.
3.8.2. Current Guidelines on Debarment:
1. PPD, DoE did consultations on the issue of Debarment with major procuring Ministries/
Departments and issued the following ‘Debarment Guidelines’ in suppression to all earlier
instructions on this subject34. Public Procurement organisations who have existing
guidelines for Debarment (by any name) should revise their guideline in conformity with
these guidelines issued by PPD, DoE.
2. Guidelines on Debarment of Firms from Bidding:
a) The guidelines are classified under the following two types: -
i) In cases where debarment is proposed to be limited to a single Ministry, the Ministry
itself can issue the appropriate Orders, thereby banning all its business dealing
with the debarred firm.
ii) Where it is proposed to extend the debarment beyond the jurisdiction of the
Ministry, i.e., covering all central Ministries/ Departments, the requisite Orders shall
be issued by the Department of Expenditure (DoE), Ministry of Finance (MoF).
b) Definitions:
i) Firm: The term ‘firm’ or ‘bidder” has the same meaning for the purpose of these
Guidelines, which includes an individual or person, a company, a cooperative
society, a Hindu undivided family and an association or body of persons, whether
incorporated or not, engaged in trade or business.
ii) Allied firm: All concerns which come within the sphere of effective influence of the
debarred firms shall be treated as allied firms. In determining this, the factors listed
in its definition in the ‘Procurement Glossary’ section may be kept in view.
iii) The terms “banning of a firm,” ‘suspension,’ ‘Black-Listing’ etc. convey the same
meaning as “Debarment”.
c) All ministries/departments must align their existing debarment guidelines with these
guidelines. Further, tender documents must also be suitably amended if required.
3. Debarment by a Single Ministry/ Department: Orders for Debarment of a firm(s) shall
be passed by a Ministry/ Department, keeping in view the following:
a) A bidder (including its successors/ allied firms) may be debarred from participating in
any procurement process for a period not exceeding two years (along with such other
actions as may be permissible under law) for the following reasons:
i) If it is determined that the bidder has breached the code of integrity as per Rule
175 (2) of GFR 2017. (Refer to para 3.3.3 of this Manual for Code of Integrity).
33
Now two years is applicable as mentioned below in para 8.7.2-3-a) below.
34
Notified vide OM No. F.1/20/2018-PPD issued by Department of Expenditure dated 02.11.2021.
56Manual for Procurement of Non-Consultancy Services, 2025
ii) False declaration of local content by Class I/ Class II local suppliers under Public
Procurement (Preference to Make in India, Order 2017, dated 19/07/2024 or later,
i.e., the Make in India Order) shall also be treated as a breach of the code of
integrity. A supplier/ service provider who has been debarred by any procuring
entity as per this sub-para:
1) The fact and duration of debarment for this reason by any procuring entity must
be promptly brought to the notice of the Member-Convenor of the Standing
Committee (Joint Secretary DPIIT, under the Make in India order) and the
Department of Expenditure through the concerned Ministry /Department or in
some other manner.
2) The Standing Committee shall consolidate such cases, and a centralised list or
decentralised list of such suppliers/ service providers with the period of
debarment must be maintained on a periodical basis and displayed on the
website(s).
3) Such suppliers/ service providers, though debarred by a single Ministry/
Department, shall not be eligible for preference under the Make in India Order
for procurement by any other procuring entity for the duration of the debarment.
This shall be effective from the date of uploading such debarment to the
website(s).
iii) For any other actions or omissions35 by the firm that, in the opinion of the Ministry/
Department, warrants debarment.
b) The debarment order shall not be circulated to other Ministries/ Departments. It will
only be applicable to all the attached/ subordinate offices, Autonomous bodies, Central
Public Sector Enterprises (CPSEs), etc. of the Ministry/ Department issuing the
debarment Order. Please refer to Annexure 24 for a format for debarment order.
c) The concerned Ministry/ Department, before issuing the debarment order against a
firm, must ensure that reasonable opportunity has been given to the concerned firm to
represent against such debarment (including a personal hearing if requested by the
firm). Please refer to Annexure 23 for the format of the Show-cause notice for
debarment.
d) The Secretary of Ministry/ Department may nominate an officer at the rank of Joint
Secretary/ Additional Secretary as competent authority (CA) to debar the firms.
e) The Ministry/ Department that issued the order of debarment can also issue an Order
for revocation of debarment before the period of debarment is over, if there is adequate
justification for the same. Ordinarily, the revocation of the Order before expiry of
debarred period should be done with the approval of the Secretary concerned of the
Ministry/ Department
f) The Ministry/ Department will maintain a list of such debarred firms, which will also be
displayed on its website. Such a list on the website shall be automatically binding on
35 (Supply of substandard material; non-supply of material; abandonment of works; substandard quality of works;
failure to abide by “Bid Securing Declaration”; conviction under the Prevention of Corruption Act, 1988; conviction
under any law for causing any loss of life or property or causing a threat to public health as part of executing a
public procurement contract; employs a government servant who has been dismissed or removed on account of
corruption; employs a non-official convicted for an offence involving corruption or abetment of such an offence in
a position where he could corrupt government servants, or employs a government officer within one year of his
retirement who has had business dealings with him in an official capacity before retirement.)
57Chapter 3: Participation of Bidders and Governance Issues
the departments, subordinate and attached offices, autonomous bodies, and CPSEs
under the Ministry, but in case of doubt, it can be confirmed by the issuing authority.
g) More than one Ministry/ Department may concurrently debar the same firm.
h) Debarment is an executive function and should not be allocated to the Vigilance
Department.
i) The period of debarment starts from the date of issue of the debarment order;
therefore, the process of debarment should be conducted expeditiously. Considering
the quasi-judicial nature of such proceedings and the need to afford a fair hearing to
the firm, the following timeline is suggested, which may be suitably modified
considering the specifics of an organisation:
i) Noticing of delinquency of the firm by the Procuring Entity – zero-day
ii) Evaluation of evidence and proposal to CA for debarment of the firm – 2 Weeks
iii) Issue of Show Cause Notice to the firm calling for written and oral submission. – 1
week.
iv) Time for submission, including reminders, etc – 3 weeks.
v) Evaluation of firm’s submission and giving oral hearing to the firm – 3 weeks
vi) Final Order, indicating an opportunity to the firm, 2 weeks to appeal to the Secretary
of Ministry/ Department as an appellate authority – 2 weeks.
vii) Total 12 weeks from zero-day, after which the debarment period starts.
viii) Receipt of Appeal and disposal of the same by the appellate authority – 4 weeks.
4. Debarment by CPSEs, Attached Offices/ Autonomous Bodies, GeM: Ministries/
Departments, at their option, may also delegate powers to debar bidders to their CPSEs,
Attached Offices/ Autonomous Bodies, etc. In such cases, broad principles for debarment
in sub-paras 3-a) to h) above are to be kept in mind. Debarments by such bodies shall be
applicable only to the procurements made by such bodies. Similarly, the Government e-
Marketplace (GeM) can also debar bidders for up to two years on its portal.
5. Debarment across All Ministries/ Departments: In the following situations, the Ministry/
Department may consider debarring the firm from taking part in any tendering procedure
floated by all the Central Government Ministries/ Departments:
a) If the bidder has been convicted of an offence (Rule 151 (i) of GFR, 2017), for
debarment upto three years:
i) under the Prevention of Corruption Act, 1988, or
ii) the Bhartiya Nyaya Sanhita (BNS), 2023 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 the execution of a public procurement contract.
b) The Ministry/ Department concerned should, after obtaining the approval of the
Secretary concerned, forward to DoE a self-contained note setting out all the facts of
the case and the justification for the proposed debarment, along with all the relevant
papers and documents.
c) Ministry/ Department, before forwarding the proposal to DoE, must ensure that
reasonable opportunity has been given to the concerned firm to represent against such
debarment (including a personal hearing if requested by the firm). If DoE realizes that
sufficient opportunity has not been given to the firm to represent against the
debarment, such debarment requests received from Ministries/ Departments shall be
rejected.
d) The firm shall remain debarred during the interim period till the final decision is taken
by DoE, only in the Ministry/ Department forwarding such proposal. For this purpose,
58Manual for Procurement of Non-Consultancy Services, 2025
the proposing Ministry shall issue an interim order debarring the firm from taking part
in tendering procedures floated by their Ministry/ Department following the procedure
laid down in sub-para 3) above. Such order inter-alia must mention that the
Government reserves its right to further debar the firm from taking part in any tendering
procedure floated across all the Central Government Ministries/ Departments,
following due procedure.
e) DoE can also give additional opportunity, at their option, to the firm to represent against
proposed debarment. DoE can also take suo-moto action to debar the firms in certain
circumstances. DoE shall complete the process of Debarment within 12 weeks after
receiving the proposal from the concerned Ministry/ Department.
f) DoE will issue the necessary orders for debarment for a period not exceeding three
years for offences mentioned in Rule 151 (i) of GFR, 2017, after satisfying itself that
the proposed debarment across all the Ministries/ Departments is in accordance with
the said rule. This scrutiny is intended to ensure uniformity of treatment in all cases.
g) DoE will maintain a list of such debarred firms, which will be displayed on the Central
Public Procurement Portal (CPPP). This list on CPPP shall be applicable to all
Ministries/ Departments, Attached and Subordinate Offices, CPSEs, and Autonomous
bodies, but in case of doubt, they may confirm it from issuing authority.
h) No contract of any kind whatsoever shall be placed on the firm debarred by DoE,
including its allied firms, during the period of debarment by any Ministry/ Department/
Attached/Subordinate offices of the Government of India, including autonomous
bodies, CPSEs, etc., after the issue of a debarment order.
6. Review and Revocation of Orders:
a) An order for debarment passed shall be deemed to have been automatically revoked
on the expiry of the period of debarment specified therein, and it will not be necessary
to issue a specific formal order of revocation.
b) The authorised entity (DoE, Ministry/ Department or CPSEs, Attached Offices/
Autonomous Bodies, GeM, etc.) that issued the order of debarment can review or
revoke the debarment order before the period of debarment is over, suo-moto (based
on new facts that come to light) or on an appeal by the debarred bidder. After a review,
an Order for modification of the period of debarment or revocation of debarment, if
there is adequate justification for the same, can be issued. Ordinarily, such
modification/ revocation of the Order should be done with the approval of the Secretary
concerned of DoE or the Ministry/Department that issued such orders. In case of
debarments done by CPSEs, attached offices/autonomous bodies, GeM, etc., such
modification/ revocation of the debarment orders should be done ordinarily with the
approval of a competent authority not below a board-level officer.
7. Other Provisions (common to both types of debarments):
a) The debarment order shall mention the reason(s) in brief that led to the debarment of
the firm and the jurisdictional extent to which the order shall be applicable, besides the
validity period of debarment.
b) No contract of any kind whatsoever shall be placed with a debarred firm, including its
allied firms, after the issue of a debarment order by the entities in the jurisdiction
mentioned in the order. Bids from only such firms shall be considered for placement of
contract, which are neither debarred on the date of opening of tender (opening of first
bid, normally called as technical bid, in case of two packet/two stage tendering) nor
59Chapter 3: Participation of Bidders and Governance Issues
debarred on the date of contract (i.e., date of issue of Letter of Acceptance). Even in
the cases of risk purchase, no contract should be placed on such debarred firms.
c) If any debarred firm submits the bid, it will be ignored. In case such firm is lowest (L-
1), the next lowest firm shall be considered as L-1. Bid security submitted by such
debarred firms shall be returned to them.
d) Contracts concluded before the issue of the debarment order shall not be affected by
the debarment Orders.
e) The Debarment shall be automatically extended to all its allied firms. In case a joint
venture/ consortium is debarred, all partners will also stand debarred for the period
specified in the Debarment Order. The names of partners should be clearly specified
in the “Debarment Order.”
f) Debarment in any manner does not impact any other contractual or other legal rights
of the procuring entities.
g) The period of debarment shall start from the date of issue of the debarment order for
the issuing entity. In respect of procuring entities other than the one that has carried
out the debarment, the debarment takes effect prospectively from the date of uploading
on the website(s) in such a manner that ongoing procurements are not disrupted.
h) Ordinarily, the period of debarment should not be less than six months.
i) The GeM portal also has a provision for Suspension (debarring vendors/ service
providers' participation in procurements of all the buyers) under its Incidence
Management Policy36. The reasons and periods for suspension are different than in
the provisions mentioned above. However, if a procuring entity feels that the period of
suspension by GeM is not adequate, it may also debar the firm as per the procedure
mentioned in this section for a more appropriate period, but such debarment shall be
applicable ONLY to procurements by that procuring entity.
j) All Ministries/ Departments must align their existing Debarment Guidelines in
conformity with these Guidelines. Further, bidding documents must also be suitably
amended, if required.
8. Safeguarding Procuring Entity’s Interests during Debarment of Suppliers/ Service
Providers: Suppliers/ Service Providers are important assets for the procuring entities,
and punishing delinquent suppliers/ service providers should be the last resort. It takes a
lot of time and effort to develop, register and mature a new supplier/ service provider. In
case of a shortage of suppliers/ service providers in a particular group of materials/
equipment/ services, such punishment may also hurt the interest of the Procuring Entity.
Therefore, the Procuring Entity may always seek the views of the concerned department
regarding the repercussions of such punitive action on the continuity of procurements.
Procuring Entity may give due weightage to the past performance of the supplier/ service
provider. In case of a shortage of suppliers/ service providers and in cases of less serious
misdemeanours, the Procuring Entity may pragmatically analyse the circumstances,
reform the supplier/ service provider and get a written commitment from the supplier/
service provider that his performance will improve. If this fails, efforts should be made to
see if a shorter period of debarment can serve the purpose. (Rule 151 of GFR 2017)
36
https://assets-bg.gem.gov.in/resources/pdf/incident_management_policy_v12.1.pdf
60Manual for Procurement of Non-Consultancy Services, 2025
3.9. Enlistment of Indian Agents
Ministries/ Departments, if they so require, may enlist Indian agents who desire to quote
directly on behalf of their foreign principals.37. (Rule 152 of GFR 2017)
37
Rule 152 of GFR, 2017 amended vide OM No. F.26/2/2016-PPD issued by Department of Expenditure dated
25.07.2017.
61Manual for Procurement of Non-Consultancy Services, 2025
Chapter 4: Bidding Design for Non-Consultancy
Services
4.1. Admeasurement of Services
Non-consultancy services are bid and contracted on the total price (unit rate X quantum) of
the delivered services (of requisite performance standards), much like procurement of Goods
and Works. The quantum of services can be ascertained by either measuring the inputs
deployed (input admeasurement) by the service provider or the output of services (output
admeasurement) delivered.
4.1.1. Input Admeasurement
1. The quantum of services can be ascertained by measurement of the inputs (Personnel,
Equipment, Materials, and miscellaneous inputs) deployed during a period (say per month)
by the service provider.
2. The contract specifies the unit rate and the estimated quantum (per period – say per day/
month) of various inputs required to be deployed to deliver the required quantum of
services (of requisite performance standards). The contract would also specify the service
charges (including profits, overheads, etc.) and taxes over and above such input unit rates.
The financial evaluation is based on the total price of the indicated quantum of various
inputs at the contracted unit rate plus service charges and taxes.
3. Input admeasurement requires more vigilant and constant monitoring of inputs deployed.
The procuring entity must also monitor the performance standards, methodology
employed and productivity of inputs to ensure value for money.
4. Input admeasurement is frequently used in Time-based and Indefinite Delivery type of
contracts (as described in following paras) for Services like – upkeep and maintenance of
office/ buildings/ estates (other than Civil & Electrical Works, etc.), Security Services,
Horticultural Services, Janitor/ Cooking/ Catering/ Management Services for Hostels and
Guest Houses, Cleaning/ Housekeeping Services, Errand/ Messenger Services etc.
5. Input Admeasured Contracts – Risks and Mitigations:
Risk Mitigation
a) The quality and Scope of the Output/ The contract should include provision for
deliverables is not linked to the evaluation of quality, methodology and
payment. There may be tendency for the scope of deliverables and certificate for its
service provider to ignore the quality and acceptability may be recorded. Payments
scope of the services. Disputes may should be released only against such
arise due to different possible certificates. Therefore, Service Level
interpretations of quality and scope of Agreement (SLA) becomes very important in
contract. such contracts.
b) Productivity of inputs deployed is not Such contracts need to be closely monitored
linked to the payment. There may be and administered by the 'Procuring Entity' to
tendency for the service provider to use ensure that the progress of the contract is
paid staff in a dilatory and un-productive commensurate with the time spent and that
manner. This may lead to Time and Cost the resources for which payment is claimed
over-runs. have actually efficiently and productively
been deployed on the contract during the
63Chapter 4: Bidding Design for Non-Consultancy Services
Risk Mitigation
period. It may be worthwhile to lay down
productivity linkage between the quantum of
the output of services to input deployed in a
period (say, cleaning of a quantum of area
per day per cleaner deployed) as part of
Performance Standards. A system of
monthly reporting of payouts and the
quantum of work achieved by the service
provider to CA should be instituted to enable
supervision. Such contracts should include
an upper limit of total payments to be made
to the service providers for the contract to
safeguard against excessive prolonging of
time and payments. After this limit is reached
or the period of completion is exceeded, the
CA should review the justification for the
extension of the contract.
4.1.2. Output-Admeasurement
1. Alternatively, the quantum of services can be ascertained by measurement of the quantum
of outputs delivered of the required performance standards (output admeasurement –
numbers, length, area, volume, weight, value, etc., or a combination thereof), say the area
of office cleaned or tonne-Kilometre of transportation or value of goods inspected. Since
contracts based on Out-put admeasurement specify the unit rate of service output, it is
referred to as Unit-Rate contracts also.
2. The contract specifies a unit rate of the output of services, and the financial evaluation is
done based on the total price of the indicated quantum of service at the contracted unit
rate plus taxes. In actual practice, this could be more complex – as in taxi hiring for 8 hours
with a maximum kilometre of 250 Km included in the price, but every additional Km/ hour
may be charged extra. There may also be additional charges for night duty, etc.
3. Output admeasurement contracts are simpler to administer since the procuring entity will
only ascertain performance standards and the quantum. It need not monitor the inputs
deployed and the methodology employed. Therefore, wherever feasible, output
admeasurement should be the preferred choice.
4. However, in many services, it may be part of the quality assurance plan and Service Level
Agreement (SLA) to ensure that specified quantum of inputs is deployed for the services,
although payments are still based on output admeasurement.
5. Depending on the situation, output admeasurement may be suitable mainly for Lump-sum
and Percentage Based types of contracts (as described in following paras) and in special
circumstances for Time-based and Indefinite Delivery type of contracts. Output
admeasurement may be suitable for Services like - transport services, logistics, clearing
and forwarding, courier services, drilling, aerial photography, satellite imagery, mapping,
and similar operations.
64Manual for Procurement of Non-Consultancy Services, 2025
6. Output Admeasurement Contracts - Risks and Mitigations
Risk Mitigation
a) Insufficient Deployment of Stipulate in the Tender Document that the
Resources: Service Provider may not quantum of input deployments (Personnel,
deploy sufficient resources which may equipment, materials, etc.) shall also be
lead to poor quality and Time Over run. quoted but shall be used only to monitor
performance standards.
b) The quality of the Output/ deliverables Such contracts should be used mainly for
is not linked to the payment. There may contracts in which the quality and scope of
be tendency for the service provider to the required output of the service providers
cut corners on quality of the output/ are clearly defined and are measurable. The
deliverables by saving on resources contract should include provision for
employed. Disputes may arise due to evaluation of quality and scope of
different possible interpretations of deliverables and certificate for its
quality and scope of Output/ acceptability may be recorded. Payment
deliverables. should be made only against certificate of
acceptance of deliverables. It’s important to
include a Service Level Agreement in such
contracts.
c) Time and Cost over-run: As time is not While the payments are not linked to time,
linked to the payment. There may be the contract should be monitored per month
tendency for the service provider to save to ensure that the output per month is in line
on deployment of resources which may with planned and estimated time-line. This
result in time-over-run. type of contract should include an upper limit
of total payments to be made to the service
providers for the assignment to safeguard
against excessive prolonging of time and
payments. After this limit is reached or the
period of completion is exceeded, the CA
should review the justification for the
extension of the contract.
4.2. Types of Contracts:
1. There are various alternative basis for linking payments to the performance of a quantum
of services (called types of contracts) – each having different risks and mitigation
measures. Bids are called and financial evaluation is based on the type of contract. The
choice of the type of contract should be based on Value-for-Money (VfM) with due regard
to the nature of the requirement. BOQ of the financial bid is designed specifically for each
type of contract. Adoption of an inappropriate type of contract could lead to a situation of
lack of competition, contractual disputes, and non-performance/ failure of the contract.
2. Each type of contract is described briefly in subsequent paras, and criteria are suggested
for their adoption, along with risks and mitigation measures. Normally used types of
contracts for Non-consultancy Services are:
a) Lump sum (Firm Fixed Price) contract;
b) Time based contracts;
c) Percentage (Success Fee) contract;
65Chapter 4: Bidding Design for Non-Consultancy Services
d) Indefinite delivery contract.
4.2.1. Lump Sum (Firm Fixed Price) Contract:
1. The lump sum (firm fixed price) contract is the simpler type of contract and wherever
feasible; the Procuring Entity shall use this form of contract. In this type of contract service
providers are required to quote a lump sum fixed price figure for completing the services
in accordance with the given activity and services schedule. Service Provider’s proposal
is deemed to include all prices - no arithmetical correction or price adjustments are allowed
during evaluation. This Type of Contract is based on output admeasurement. Schedule of
Requirement shall indicate the scope and quantum of Services required.
2. Lump sum service contracts are easy to administer because there is fixed price for a fixed
scope and payments are linked to clearly specified outputs/ Services delivered. Bidders
quote lump sum price for the required quantum of services. They may also be asked to
quote unit rate for the service, to be used in case of variation etc.
3. Schedule of Requirement shall indicate the quantum of the Services, its performance
standards, and the timeline/ milestones of its delivery. Contract may specify parts of
payments to be released at specified timelines/ milestones.
4. In view of Risks mentioned below this type of contracts not many services are amenable
to lump-sum type of contracts. Depending on the situation, such contracts may be used
for transport services, logistics, clearing and forwarding, courier services, drilling, aerial
photography, satellite imagery, mapping, and similar operations, and so forth.
5. Lump Sum Contracts - Risks and Mitigations: Please see Risk and Mitigations in
Output admeasurement contracts in para 4.1.2-6).
4.2.2. Time-Based (Unit-rate) Contract
1. In Time-based (unit-rate) contracts, payments are based on agreed unit prices. This Type
of Contract can be based either on input (more often) or output admeasurement. Payments
are usually released every month for the quantum of inputs/ output actually performed.
2. In input admeasurement Time- based contracts, the Schedule of Requirement shall
indicate the quantum, performance standards, frequency and duration of the Services/
Activities and also key inputs estimated to be required per month (Personnel, Equipment,
Materials and Miscellaneous) for performing the Services/ Activities to the stipulated
performance standards and quality. It shall also indicate the contract Period (one year
unless otherwise stipulated) of the service required. The Bidders shall quote the unit rates
of inputs and the quantum of inputs per month he considers necessary to perform the
Services/ Activities to the required performance standards and quality. He shall also quote
service charges and taxes over and above the cost of inputs. Financial evaluation shall be
based on the total cost of all inputs (plus service charges and taxes) over the Contract
Period.
3. In output admeasurement Time-based contracts, the Schedule of Requirement shall
indicate the quantum of the Services, its performance standards, and the timeline/
milestones of its delivery. It shall also indicate the contract Period (one year unless
otherwise stipulated) of the service required. Bidders shall quote per unit rate of the outputs
of services, timelines/ milestones, and taxes.
4. In both variations (input or output admeasurement) of Time-based – Unit-rate contracts,
the procuring entity may possess a realistic and validated database of rates for standard
services or activities, supported by their own internal costing. In such cases, it may be
66Manual for Procurement of Non-Consultancy Services, 2025
advantageous to specify a ‘Schedule of Rates’ (SoR) along with an estimated volume for
each service or activity in the Services and Activity Schedule. In the Bill of Quantities
(BOQ), the entity can then request bidders to quote a single lump-sum percentage above
or below the specified ‘Schedule of Rates’, on the lines of percentage based SoR contracts
in Works. This approach simplifies financial evaluation, particularly when the number of
services or activities is large. However, it is crucial to ensure that the Schedule of Rates is
regularly updated to reflect current market conditions.
5. Both time-based contracts and indefinite delivery contracts are used when Lump sum
contract is not feasible due to difficulties in specifying the scope/ length of services or the
quantum of individual activities either because the inputs required for attaining the
objectives of the requirement is difficult to assess or because the services are tied up to
contracts/ activities by others for which the completion period may vary. As differentiated
from the Indefinite Delivery type of contracts (discussed below), Time-based contracts are
suitable for non-consultancy services that are continuously needed, while Indefinite
Delivery type of contracts is suitable for services which are infrequently needed but service
provider is needed to be always on beck and call.
6. Because of the risks and mitigations mentioned below, this type of contract is especially
suitable for outsourcing of services, e.g. upkeep and maintenance of office/ buildings/
estates (other than Civil & Electrical Works, etc.), Security Services, Horticultural Services,
Janitor/ Cooking/ Catering/ Management/ housekeeping Services for Hostels and Guest
Houses, errand/ Messenger Services, transport/ logistics/ clearing and forwarding, courier
services, etc.
7. Time-Based Contracts - Risks and Mitigations: Please see Risk and Mitigations in Input
and Output admeasurement contracts in para 4.1.1-5) and 4.1.2-6) respectively.
4.2.3. Percentage (Success/ contingency Fee) Contract
1. Percentage (Success/ Contingency Fee) contracts directly relate the fees/ service charge
paid to the service provider to the estimated or actual value of assets/ transactions to be
handled – e.g., project cost or the cost of the goods procured or inspected. This Type of
Contract is based on output admeasurement (value of assets/ transactions handled).
Since the payment is made after the successful realisation of objectives, it is also called
success (or contingency) fee contract. The payment is made based on the value of assets/
transactions handled during the period.
2. Schedule of Requirement shall indicate the estimated value of assets/ transactions to be
handled as well as the contract Period (one year, unless otherwise stipulated) over which
such volume shall be availed. However, there shall be no firm commitment to avail the
entire value of transactions within the contract period. The final selection is made among
the technically qualified service providers who have quoted the lowest percentage (as
service charge) while the notional value of assets/ transactions to be handled is fixed.
3. Due to Risks and mitigations discussed below, these contracts are commonly used for
appropriate architectural/ engineering services; procurement and inspection agents.
4. Percentage Contracts - Risks and Mitigations: Please also see Risk and Mitigations in
Output admeasurement contracts in para 4.1.2-6).
Risk Mitigation
a) The quality and Scope of the Output/ The contract should include provision for
deliverables as in Lump-sum Contracts, evaluation of quality, scope and the timing of
67Chapter 4: Bidding Design for Non-Consultancy Services
Risk Mitigation
is not linked to the payment. There may deliverables and certificate for its
be a tendency for the service provider to acceptability may be recorded. Payment
cut corners on the quality and scope of should be made only against certificate of
the output/ deliverables by saving on acceptance of deliverables.
resources employed.
b) Time over-run: As time is not linked to While the payments are not linked to time,
the payment. There may be tendency for the assignment should be monitored per
the service provider to save on month to ensure that the output per month is
deployment of resources which may in line with planned and estimated time-line.
result in time-over-run.
c) Bias against Economic solutions: Therefore, the use of such a contract for
Since the percentage payment is linked architectural or engineering or procurement
to the total cost of the transactions, (say services is recommended only if it is based
architectural or engineering or on a fixed target cost and covers precisely
procurement services) percentage defined services.
contracts implicitly lack incentive for
economical transactions and are hence
discouraged.
4.2.4. Indefinite Delivery Contract – Output or Input Admeasurement
1. These contracts are used when the Procuring Entity need to have “on call” specialised
services, the extent and timing of which cannot be defined in advance. This is akin to the
system of 'Rate Contracts' or framework contracts in the procurement of Goods. The
Procuring Entity and the firm agree on the unit rates to be paid. This Type of Contract can
be based either on input (more often) or output admeasurement. Payments are made
periodically on the basis of the quantum of service or inputs actually utilised during the
period.
2. Schedule of Requirement shall indicate only a tentative estimate of the volume of required
outputs/ inputs as well as the contract Period (one year, unless otherwise stipulated) over
which such volume is likely to be availed. The Services shall be availed on-call as and
when needed by the procuring entity without any commitment regarding the volume of
services. The service provider shall be selected based on the total price (unit rate
multiplied by indicative volume) of such Services/ Inputs (including service charges and
taxes) over the period of contract.
3. In case of output admeasurement contracts, if expressly stipulated in the Tender
Document, quantum of Input deployments (Personnel, equipment etc.) shall also be called
for but shall be used only to monitor performance standards. Similarly in case of input
admeasurement contracts, quantum of services to be delivered per quantum of inputs
deployed per day/ month may also be called for to evaluate the quality and productivity of
deployed inputs.
4. Please read the para 4.2.2-5) for differences between Time-based and Indefinite Delivery
contracts.
5. Due to risks and mitigations discussed below, Indefinite Delivery contracts are commonly
used to retain “advisers” or avail services 'on-call' - for example; expert adjudicators for
dispute resolution panels, procurement advice, technical troubleshooting, Document
68Manual for Procurement of Non-Consultancy Services, 2025
Management, Taxi Services, Temporary Manpower Deployment and so forth – normally
over a period of a year or more.
6. Indefinite Delivery Contracts - Risks and Mitigations: Please also see Risk and
Mitigations in Input and Output admeasurement contracts in para 4.1.1-5) and 4.1.2-6)
respectively.
Risk Mitigation
a) The quality and Scope of the The contract should include provision for evaluation of
Output/ deliverables, as in quality and scope of deliverables and certificate for its
Lump-sum Contracts, is not acceptability may be recorded. Payments should be
linked to the payment. There released only against such certificates.
may be tendency for the
service provider to cut corners
on quality, scope and timing of
the output/ deliverables by
saving on resources
employed.
b) Performance in each time Contracts need to be closely monitored and
period is not linked to the administered by the 'Procuring Entity' to ensure that
payment. There may be the progress of assignment is commensurate with the
tendency for the service time spent and that the resources for which payment is
provider to use resources in a claimed have actually efficiently and productively been
dilatory and un-productive deployed on the assignment during the period. A
manner. system of monthly reporting of payouts and quantum
of work achieved by the service provider to CA should
be instituted to enable supervision.
c) Time and Cost over-run is a This type of contract should include an upper limit of
major risk in such contracts, as total payments to be made to the service providers to
the output may not be safeguard against excessive prolonging of time and
achieved in the estimated payments. After this limit is reached, or the period of
time. completion is exceeded, CA should review justification
for extension of the contract.
d) Risk of over-utilization: The need assessment of utilised services should be
Indefinite Delivery Contracts subject to some scrutiny to ensure that there is no
are at risk of being over- abnormal, unexplainable trend in utilisation.
utilized in excess of actual Such contracts need to be closely monitored and
need since the scrutiny of administered by the 'Procuring Entity' to ensure that
service need may not be as the there is no indiscriminate or unwarranted usage,
intense as in case of other and a maximum contract value may be laid down to
types of contracts. keep control over usage and approval of CA may be
obtained to extend it beyond such limit.
A system of monthly reporting of payouts and quantum
of work achieved by the service provider to CA should
be instituted to enable supervision. In the report a
monthly payout benchmark may be kept, above which
69Chapter 4: Bidding Design for Non-Consultancy Services
Risk Mitigation
the report may be required to be sent to a level above
CA.
4.3. Systems of Selection of service providers
1. The relative importance of Quality and Price aspects may vary from service to service
depending on the complexities/ criticality of quality requirements, the internal capability of
Procuring Entity to engage and supervise the contract, as well as the value of
procurements. Hence different systems of selection of service providers are designed to
achieve appropriate relative importance (weightage) of Quality and Price aspects.
Decision on the system of selection is normally preceded by an assessment of the capacity
of the user to engage and supervise the implementation of the proposed contract. The
selection method chosen depends to some extent on this assessment. Selection of system
of selection also should consider the likely field of Bidders.
2. The nomenclature of various selection methods below is in line with generally prevalent
practice:
a) Price based System - Least Cost Selection (LCS);
b) Quality and Cost Based Selection (QCBS);
c) Direct Selection: Single Source Selection (SSS)
3. Unlike Procurement of Consultancy Services, procurement of Non-consultancy services is
done by a simpler process akin to those of Procurement of Goods and Works. In the
procurement of Non-consultancy services, the normal system of selection used is Price-
based – Least Cost Selection (L1) as in the procurement of Goods/ works for technically
responsive offers. Under very special circumstances, Single Source Selection may also
be used. However, the QCBS method of selection has been allowed to be used for
procurement of Non-consultancy Services for highly technically complex and critical
assignments where it is justifiable to pay appropriately higher prices for a higher quality
proposal.
4.3.1. Price based System - Least Cost Selection (LCS)
1. In this method of selection, service providers submit both a technical proposal and a
financial proposal at the same time. Minimum qualifying marks for the quality of the
technical proposal are prescribed as a benchmark (normally 75 (seventy-five) out of a
maximum of 100 (hundred)) and indicated in the Tender Document along with a scheme
for allotting marks for various technical criteria/ attributes. Alternatively, since in LCS
selection, technical offers do not require to be ranked (or to be added of weighted technical
score to financial score – as in QCBS selection), it would suffice in appropriately simple
cases if the evaluation criteria is only a fail/ pass criteria prescribing only the minimum
qualifying benchmark. Thus, in LCS, simplified evaluation criteria may also be used where
instead of a marking scheme, a minimum fail/pass benchmark of technical evaluation may
be prescribed (i.e. must have completed at least two similar assignments; must have a
turnover of at least Rs 10 (Rupees Ten) Crore etc). Any bidder that passes these
benchmarks is declared as technically qualified for the opening of their financial bids. The
technical proposals are opened first and evaluated, and the offers that qualify as per these
technical evaluation criteria will only be considered as technically responsive, and the rest
70Manual for Procurement of Non-Consultancy Services, 2025
will be considered technically nonresponsive and will be dropped from the list. Financial
proposals are then opened for only eligible and responsive offers (Financial bids of other
unresponsive bidders remain unopened) and ranked. L-1 offer out of the responsive offers
is selected on price criteria alone without giving any additional weightage to marks/ ranking
of Technical proposal. This system of selection is roughly the same as the price-based
selection of an L-1 offer (among the technically responsive offers) in the procurement of
Goods/ Works. (Rule 193 of GFR 2017, also see para 7.4.2 below)
2. LCS is considered suitable for recruiting service providers from firms in most assignments
that are of a standard or routine nature (such as engineering design of non-complex
Consultancy/ services/ works) where well-established practices and standards exist.
3. It is the simplest and the quickest system of selection, and under normal circumstances,
this method of evaluation shall be used as default since it allows for minimum satisfactory
technical efficiency with the economy. Justification must be provided if a selection method
other than LCS is to be used.
4. Least Cost Selection - Risks and Mitigations:
Risk Mitigation
a) Technical criteria may not be relevant to Technical criteria selected should be
the realisation of the quality of the relevant and proportional to the requirement
assignment. of quality of assignment, and the selection
process should be rigorous enough to
ensure that, on the one hand, no technically
unsatisfactory bids should be able to get
past a loose criterion and, on the other hand,
no technically satisfactory offer should get
ruled out by tight criteria.
b) Marking Subjectivity: The scheme of It is important to lay down as objective a
marking or its application may be scheme of marking as possible. Cases
subjective. where subjectivity is unavoidable (as in
evaluation of methodology etc), a system of
grading responses and their marking may be
laid down in the bidding documents.
Procuring Entity should also have a system
of conciliation and moderation of widely
disparate markings by different members of
evaluation committee. As mentioned above
in most of Services, a fail/ pass criteria is
sufficient, and it avoids subjectivity.
4.3.2. Quality and Cost Based Selection (QCBS)
1. In the QCBS system of selection, both the quality of the proposal and the cost of the
services are considered as deciding factors. This approach is employed when the quality
of deliverables is crucial, but the cost of service or work cannot be ignored.
2. Quality/ Technical scores are assigned to proposals based on specified quality criteria.
Minimum qualifying marks (normally 70-80 (seventy – eighty) out of a maximum of 100
(hundred) marks) as a benchmark for the quality of the technical proposal is prescribed,
and proposals below this benchmark are not considered for Financial evaluation. The
71Chapter 4: Bidding Design for Non-Consultancy Services
Financial Proposals are also given cost-score based on the relative ranking of prices, with
100 (hundred) marks for the lowest and pro-rated lower marks for higher priced offers.
The total score shall be obtained by weighting the quality and cost scores and adding
them. For example, the weightage given to the cost score may be 80% (Eighty percent),
and the technical score may be given a weightage of 20% (twenty percent but should
never be more than 30%), etc. However, the weight for the “quality” shall be chosen,
considering the complexity of the assignment and the relative importance of quality. The
proposed weightings for quality and cost shall be specified in the RfP. The firm obtaining
the highest total score shall be selected. It may be noted that theoretically QCBS system
with weight of 100% (hundred percent) for the ‘cost’ approximates the price based LCS
system. This method of selection shall be used for highly technically complex and critical
assignments where it is justifiable to pay appropriately higher price for higher quality of
proposal.
3. Procuring entities are allowed38 to use QCBS for procurement of works and non-
consultancy services in the following cases. In this para 4.3.2, instructions containing
“shall” are mandatory; any deviation from these instructions shall require relaxation from
the Ministry of Finance (for Ministries/ Departments, etc.) or (from the Board of Directors
for CPSEs):
a) where the procurement has been declared to be a Quality Oriented Procurement
(QOP) by the competent authority or
b) for procurement of Non-Consulting Services, where estimated value of procurement
(including all taxes and option clause) does not exceed Rs 10 crore, this method of
selection shall be used for highly technically complex and critical assignments where
it is justifiable to pay appropriately higher price for higher quality of proposal.
c) QCBS shall not be used in the procurements planned to be done through Reverse
Auction or through Limited tenders.
Notes: In cases where the estimated value was less than Rs 10 crore, but
on tendering, following the QCBS process, it is proposed to place a contract
for more than Rs 10 crore, the following procedure shall be adopted:
i) In case the difference between estimated value (including taxes etc as
above) and value of the proposed contract (including taxes etc) is less
than 10% of the estimated value, there will be no bar on placement of
contract.
ii) In all other cases, the procurement process is to be scrapped and
restarted either as QOP or on a non-QCBS basis.
4. The principles of QCBS shall be as provided in Rule 192(i), (ii), and (iii) of the GFR
(Please refer to Manual for Procurement of Consultancy services for such principles).
However, the maximum weight of the non-financial parameters shall in no case exceed 30%.
5. The Competent Authority: the Competent Authority for allowing the QCBS method
in the procurement of works/ NC Services shall be as follows:-
a) For declaring a procurement as QOP:
38
General Instructions on Procurement and Project Management - DoE’s OM NO.F.1/1/2021-PPD dtd 29th
October 2021
72Manual for Procurement of Non-Consultancy Services, 2025
i) 39Where the procuring entity/ project executing authority is covered by Rule 1
of GFR:
1) Secretary of the Ministry/ Department to which the procuring entity belongs
or
2) Secretary of Public Authority40 with the concurrence of the procuring entity/
project executing authority41 or
Note: Procuring entity/ project executing authority will themselves decide the
level at which such concurrence is to be given. Such concurrence need not
be obtained at the level of Secretary in charge of Procuring entity/ project
executing authority.
3) Where the public authority is any Indian Institute of Technology (IIT) or
Indian Institute of Science (IISc), Director of such IIT/ IISc (This provision is
applicable for Procurement declared as Q.O.P. on or before 31.03.2027 and
will be reviewed thereafter).
ii) Where the procuring entity is a CPSE, the Board of Directors of the CPSE.
iii) In case the authority to approve procurement on a nomination basis is lower
than the Secretary of the Ministry/ Department (or Board of Directors in case of
CPSEs), such authority will also be competent to approve the procurement as
QOP.
b) For Non-consulting Services not exceeding Rs. 10 crores in value:
i) Where the procuring entity/project executing authority is covered by Rule 1 of
GFR (i.e., Central Government Ministries/Departments, attached/ subordinate
bodies, and Autonomous Bodies (except those Autonomous Bodies with
separate Financial Rules approved by the Government)), by the officer or
authority two levels above the officer/ authority competent to finalise the
particular procurement, or the Secretary of the Ministry/ Department whichever
is lower.
ii) Where the procuring entity is a CPSE, the authority or officer two levels above
the officer competent to finalise the particular procurement or the Board of
Directors of the CPSE, whichever is lower.
6. Special Technical Committee (STC):
a) In all cases of QOP, a Special Technical Committee (STC) shall be constituted with the
following composition:-
i) Two or more persons who have expert knowledge and/or long experience
relevant to the procurement in question;
ii) One or more persons with extensive experience in handling public projects
and/or public finance in the Government or State/Central Public Sector;
39
As amended by OM No.F.1 /1/2021-PPD dtd 08/03/2024
40 “Public Authority” means the client organization, which may be asking a “Procuring Entity” or “Project Executing
Authority” or “Project Executing Agency” to execute a project or work on their behalf. For example, in case a
University executes the works through Central Public Works Department (CPWD), then the said university will
be the public authority, and CPWD will be the Procuring Entity or Project Executing Authority or Project Executing
Agency. (The public authority and the project executing authority may also be the same.)
41
“Procuring Entity” or “Project Executing Authority” or “Project Executing Agency” means Central Government
Ministries/ Departments, Attached/ Subordinate bodies including Autonomous Bodies or Central Public Sector
Enterprises (CPSEs) (etc) executing projects/ works.
73Chapter 4: Bidding Design for Non-Consultancy Services
iii) One or more persons with experience in financial management/ financial
administration/audit/accountancy;
iv) Not more than one member representing the procuring entity who may inter
alia provide administrative support to the Committee.
v) Any person who is a member of the STC shall not associate himself in any
manner with any bidder for the procurement concerned.
b) The names of members of the Special Technical Committee shall be decided either by
the Competent Authority specified in sub-para 5) above or by any other authority to
whom such power is delegated by the competent authority; however, powers shall not
be delegated to the officer or authority competent to finalise the particular procurement.
Sitting fee may be paid to the members of the STC. Incidental costs including travel
shall be paid by the procuring entity.
c) The STC shall make specific recommendations on the following matters:-
i) The weight to be given to non-financial parameters (not exceeding 30%).
However, the weight for the “technical” shall be chosen, considering the
complexity of the assignment and the relative importance of quality. The
proposed weightings for quality and cost shall be specified in the Tender
Document. It may be noted that theoretically QCBS system with weight of 100%
(hundred percent) for the ‘cost’ is same as the price based LCS system.
ii) The specific quality/ technical parameters, their weights, their scoring
methodology, the minimum qualification score, etc. and other relevant criteria
necessary for ensuring fair and transparent quality/ technical evaluation of the
bids.
d) The recommendations of the STC shall be followed except where there are special
grounds in public interest for deviating from them. However, every case of deviation
from the recommendations of the STC shall require approval of the Competent
Authority specified in sub-para 5) above who approved the declaration of the
procurement as QOP.
e) With respect to QCBS for Non-Consultancy Services not exceeding Rs.10 crore, a
Technical Committee shall be constituted to carry out functions mentioned in sub-para
c) above in lieu of the STC. The composition of the Technical Committee shall follow
the provisions of sub-para a) above.
7. Grounds for Declaring a Procurement to be Quality Oriented Procurement: A
procurement should be declared as a QOP only if there is enough justification in terms of value
addition or enhancement of delivery or paramount importance of quality. Reasons for not
adopting two cover/ pre-qualification-based/ least cost system shall be documented.
8. Tender Documents - Fixing/ Selection of the Evaluation/ Qualification Criteria:
To ensure quality, some of the criteria used in marking may be made mandatory and if a bidder
does not meet those, then bids shall not be evaluated further. Weightage may also be given
for the timely completion of past projects of a similar nature by the bidder.
9. Pre-bid Meeting: In all cases of QOP, a pre-bid meeting shall be held in which the
technical criteria including the marking scheme shall be discussed with the potential bidders.
If any changes in the criteria are necessitated by such consultation, such changes shall require
the recommendation of the STC. In Non-Consultancy Services, pre-bid meetings may be held
at the discretion of the public authority.
10. Fixing of Scoring/ Marking Criteria:
74Manual for Procurement of Non-Consultancy Services, 2025
a) The scoring should not be a variable that relies on the subjective opinion of the
evaluating panel. The marking scheme should enable the achievement of almost
similar scores irrespective of the persons/ experts involved in the evaluation process.
When the outcomes are consistent with the available information, the QCBS
parameters are more reliable. Unambiguous descriptions and criteria help to avoid
grey areas so as to ensure that there is only one possible score for the item. As far as
possible, the criteria should be so specific and clear that bidders can self-mark their
own bids.
b) It is better to specify minimum marks for meeting the qualifying criteria specified. In
QCBS selection, minimum qualifying marks (normally 70-80 (seventy – eighty) out of
a maximum of 100 (hundred) marks) as qualifying benchmark for the quality of the
technical proposal shall be prescribed and indicated in the Tender Document along
with a scheme for allotting marks for various technical criteria/ attributes. Bids scoring
less than the minimum threshold shall not be considered for further evaluation. Since
the weightage of the cost element adopted in NC services is as high as 70 (seventy)
percent, financial considerations would dominate the selection, though to a lower
extent as compared to LCS (Least Cost Selection – L1 basis). In such cases, it is
essential to ensure that the minimum qualifying benchmark in the technical evaluation
is set sufficiently high to weed out low-quality bids with low prices.
c) Examples of fixed quality parameters that ought not to be considered for relative
scoring include organisations’ ISO/ standards’ accreditation, etc. These are required to
establish the credentials of the service provider but cannot be used for relative
comparison between various bidders.
d) Bidders should be asked to produce certificates for the past performance. A format
may be given in the tender itself outlining the contract details, completion, sustainability
of service, etc, and bidders may be asked to fill it and give evidence to that effect.
e) Bidders may be asked to submit a detailed presentation on their proposals in the form
of soft copy along with the bid so as to facilitate better understanding of their proposal
and to ensure commitment.
f) Besides the Bill of Quantity (BOQ) output criteria for payment, Key Performance
Indicators (KPIs) may be specified with minimum achievement levels for payment so
as to ensure quality compliance.
11. Evaluation of QCBS Bids: Please refer to para 7.4.4 for evaluation of QCBS bids
12. Caution against consortium/ JV in QCBS Procurements:
a) Since quality is given weightage in the evaluation itself, in QCBS procurement,
therefore, Joint Ventures may be avoided, as far as possible. Joint Ventures could,
however, become necessary in high technology or innovative projects where a single
entity may not be able to execute the work alone.
b) If consortiums/ JVs are allowed, measures should be taken to ensure that all the
consortium/ JV partners are present and deliver services all through the contract
period. An Implementation Board with the participation of all consortium/ JV partners
may be provided for wherein the Project Manager from the procuring entity shall also
be allowed an audience when required. Meeting of consortium/ JV partners with the
project executing authority for quarterly progress review may be made as a criterion
linked to the achievement of key dates or even payment.
13. QCBS - Risks and Mitigations:
75Chapter 4: Bidding Design for Non-Consultancy Services
Risk Mitigation
a) Inappropriate Selection of QCBS: The selection of QCBS should be justified
There is a possibility that the QCBS and applied only under the circumstances
system is selected where LCS or other mentioned above.
systems would have been more
appropriate considering the quality
requirements or the capability of the
Procuring Entity to monitor the
assignment.
b) Weightage of Technical: Cost may not Maximum weightage different from 30:70
be proportional to quality requirements (Thirty:Seventy) for technical to financial
weightage, should be adequately examined
and justified.
c) Technical criteria may not be relevant Technical criteria selected should be
to the realisation of the quality of the relevant and proportional to the requirement
assignment. of quality of assignment, and the selection
process should be rigorous enough to
ensure that, on the one hand, no technically
unsatisfactory bids should be able to get
past a loose criterion and, on the other hand,
no technically satisfactory offer should get
ruled out by tight criteria.
d) Marking Subjectivity: The scheme of It is important to lay down as objective a
marking or its application may be scheme of marking as possible. Cases
subjective. where subjectivity is unavoidable (as in
evaluation of methodology etc), a system of
grading responses and their marking may be
laid down in the bidding documents. The
procuring Entity should also have a system
of conciliation and moderation of widely
disparate markings by different members of
the evaluation committee.
4.3.3. Direct Selection: Single Source Selection (SSS)
1. Under some special circumstances, it may become necessary to select a particular
service provider where adequate justification is available for such single-source selection in
the context of the overall interest of the Procuring Entity. (Rule 194 of GFR 2017, also see
para 7.4.3). Direct selection is also called the Nomination mode of procurement (Please refer
to para 4.4-4-d) below). The selection by SSS/ nomination is permissible under exceptional
circumstances such as:
a) tasks that represent a natural continuation of previous work carried out by the firm;
b) in case of an emergency situation, situations arising after natural disasters, situations
where timely completion of the assignment is of utmost importance;
c) situations where execution of the assignment may involve the use of proprietary
techniques or only one service provider has the requisite expertise. This includes
situations where services (repair, renovation, upgradation, etc.) are required from OEM
76Manual for Procurement of Non-Consultancy Services, 2025
(may be due to quality or warranty considerations) of the Mechanical or Electrical
assets (of the nature of non-machinery and plant)
d) At times, other PSUs or Government Organizations are used to provide technical
expertise. It is possible to use the expertise of such institutions on an SSS basis;
e) Under some special circumstances, it may become necessary to select a particular
service provider where adequate justification is available for such single-source
selection in the context of the overall interest of the Ministry or Department. Full
justification for single source selection should be recorded in the file and approval of
the competent authority obtained before resorting to such single-source selection.
2. The Procuring Entity shall ensure fairness and equity and shall have a procedure in
place to ensure that:
a) the prices are reasonable and consistent with market rates for tasks of a similar nature
and
b) the required NC services are not split into smaller sized procurement.
3. All works/purchase/ consultancy/ Non-consultancy contracts awarded on a nomination
basis should be brought to the notice of the following authorities for information-
a) The Secretary, in the case of ministries/departments.
b) The Board of directors or equivalent managing body, in case of Public Sector
Undertakings, Public Sector Banks, Insurance companies, etc;
c) The Chief Executive of the organisation where such a managing body is not in
existence.
i) The report relating to such awards on a nomination basis shall be submitted to
the Secretary/Board/Chief Executive /equivalent managing body every quarter.
ii) The audit committee or similar unit in the organisation may be required to check
at least 10% of such cases.
4. SSS - Risks and Mitigations:
Risk Mitigation
a) Inappropriate Selection of SSS: There Full justification for single source selection
is a possibility that SSS system is should be recorded in the file and approval
selected where LCS or other systems of the competent authority (schedule of
would have been more appropriate Procurement Powers – SoPP should
considering the quality requirements or severely restrict powers for SSS selection)
the capability of Procuring Entity to obtained before resorting to such single-
monitor the assignment. The assignment source selection. In direct selection, the
may be split into parcels to avoid Procuring Entity should ensure fairness and
competitive selection systems or to avoid equity, and the required consultancy/ Non-
obtaining higher level approvals for SSS. consultancy services are not split into
smaller sized procurement to avoid
competitive processes.
b) Cost may be unreasonably High: The Procuring Entity must have a procedure in
single service provider is likely to charge place to ensure that the prices are
unreasonably high prices. reasonable and consistent with market rates
for tasks of a similar nature. If necessary,
negotiations may be held with the service
providers to examine reasonableness of
quoted price.
77Chapter 4: Bidding Design for Non-Consultancy Services
4.4. Modes of Procurement
1. Offers from prospective bidders in public procurement must be invited according to a
procedure that achieves a balance between the need for the widest competition, on the
one hand, and the complexity, time, effort, and cost of the procedure, on the other hand.
Different modes of procurement and tendering systems are used to suit various
procurement circumstances to achieve this balance. Various modes of procurement vary
the extent of competition (width and specificity of catchment area of bidders) to suit
different procurement situations. Mode of Procurement addresses the ‘Right Source’ of
the 5Rs.
2. There is a laid down delegation of powers of procurement to various competent authorities
under different modes of procurement, as shown in DFPR (Annexure 1). Each procuring
entity may also publish its own Schedule of Procurement Powers (SoPP), delegating such
powers within the entity. A suggested format for SoPP is given in Annexure 2.
3. The various modes of procurement that can be used in the procurement of Non-
consultancy Services are (GFR 201742):
a) Advertised Modes: The advertised modes of procurement are designed to foster a
spirit of healthy competition. These modes ensure the broadest possible competition
by widely publicising procurement opportunities. (Rule 161 GFR 2017):
i) Open Tender Enquiry (OTE): Also known as National Competitive Bidding
(NCB), this mode involves inviting bids through public advertisements to
maximise participation for procurement above Rs 50 Lakhs.
ii) Global Tender Enquiry (GTE): Also referred to as International Competitive
Bidding (ICB), this mode invites bids from international vendors to ensure
global competition. There is a restriction on the use of this mode below Rs 200
crores.
iii) Electronic Reverse Auction (eRA): Not appropriate where QCBS system of
evaluation is used in the procurement of Non-consultancy services.
b) Pre-qualification Modes: These modes of procurement are restricted to shortlisted
pre-qualified bidders. The shortlisting is done transparently, based on qualification
criteria to identify bidders who have the capability to perform the contract. Shortlisting
itself is done through wide publicity akin to advertised tenders.
i) Pre-Qualification Bidding Mode (PQB): In this mode, only those bidders who
meet specific qualifications are invited to submit bids.
ii) Approved Vendor Lists (AVL): Procurement is restricted to vendors who have
been pre-approved and included on a long-term multi-use list based on their
demonstrated ability to meet the required standards. (Please refer to Para 4.7
of the Manual for Procurement of Goods, Second Edition, 2024 for details on
the AVL).
c) Restricted Modes: In restricted modes, the bidding is limited to known and selected
bidders without the public advertisements seen in advertised modes. Unlike the Pre-
qualification mode, the shortlisting or registration of bidders is based on less rigorous
42
Various thresholds for these Modes of procurements have been revised upwards vide PPD’s OM No. F.1/3/2014-
PPD dt. 10.07.2024
78Manual for Procurement of Non-Consultancy Services, 2025
checks of capability and past experience, without relying on wide publicity or stringent
qualification criteria. (Rule 162 GFR 2017):
i) Limited Tender Enquiry (LTE): This mode invites bids from a select group of
suppliers/ service providers and is used for procurements up to Rs. 50 lakhs.
(Refer Annexure 9)
ii) Special Limited Tender Enquiry (SLTE): LTE type of process applicable for
procurements above Rs. Fifty lakhs in exceptional circumstances, where
limited competition is justified.
d) Nomination Modes: If, in an exceptional situation, it becomes necessary to procure a
non-consulting service from a specifically chosen contractor, the Competent Authority
in the Ministry or Department may do so in consultation with the Financial Adviser. In
such cases, detailed justification, the circumstances leading to the selection, and the
special interest or purpose served by this procurement must form an integral part of
the proposal. (Rule 204 GFR 2017):
i) Proprietary Article Certificate (PAC): This is used when procurement is required
from a specific vendor due to the proprietary nature of the goods or services
(say, from OEMs).
ii) Single Tender Enquiry (STE) without PAC: This allows procurement from a
single source without a PAC under specific conditions. In case of Single Tender
procurements:
1). a report relating to such awards on nomination basis shall be submitted
every quarter to:
• The Secretary, in case of Ministries/Departments.
• The Board of Directors or equivalent managing body, in case of Public
Sector Undertakings, Public Sector Banks, Insurance companies, etc;
• The Chief Executive of the organisation where such a managing body
is not in existence.
2). The audit committee or similar unit in the organisation may be required to
check at least 10% of such cases.
e) Shopping Modes: These are used for small-value procurements where formal
tendering is not practical. (Rules 154, 155 GFR 2017):
i) - Direct Procurement without Quotation: Small purchases (upto Rs 50,000)
made directly without soliciting formal bids. (refer Annexure 7)
ii) Direct Procurement by Purchase Committee: A committee-based approach for
direct purchases, typically used for low-value (upto Rs 5 Lakhs) items. (Refer
Annexure 8)
f) Rate Contracts: Also known as Framework Agreements, are agreements with
suppliers/ service providers to provide goods or services at pre-agreed rates for a
specified period.
4. Applicability, Terms and Conditions, Risks, and mitigations of these modes of
procurements (including restrictions regarding GTE mode for procurements below Rs 200
Crore) are detailed in Chapter 4 of the Manual for Procurement of Goods, 2024 which may
be referred to. For the sake of brevity, these are not repeated here.
5. Mode of Procurement of Higher Value Non-consultancy Services: In procurements of
Non-consultancy services above Rs 50 (Rupees Fifty-five) Lakhs, it should normally by an
79Chapter 4: Bidding Design for Non-Consultancy Services
advertise mode (i.e. OTE). Services which are available on GeM have to be mandatorily
procured through that portal (please refer to para 4.6.3)). (Rule 201 (ii) of GFR, 2017)
6. Mode of Procurement of Lower Value Non-consultancy Services: For procurement
below Rs 50 (Rupees Fifty) Lakhs, LTE can be issued to a selected shortlist of likely
service providers. To start with preparation of a long list of potential service providers may
be done on the basis of formal or informal enquiries from other Ministries or Departments
or Organisations involved in similar activities, Chambers of Commerce & Industry,
Association of non-consultancy firms etc. The Procuring Entity should scrutinise the
preliminary long list of likely service providers as identified above and shortlist the prima
facie eligible and capable service providers from the long list. The number of service
providers in this moderated long-list should be more than three. To smoothen this
shortlisting of service providers, Procuring entities who do frequent procurement of non-
consultancy services may consider the preparation of a Panel of qualified service
providers, after evaluation of their credentials, on the lines of registration of vendors in the
procurement of goods. (Rules 199 and 201 (i) of GFR 2017). Services that are available
on GeM have to be mandatorily procured through that portal (please refer to para 4.6.3).
7. Mode of Procurement of Small Value Non-consultancy Services: In small value,
procurement of Non-consultancy services, the service provider may neither be capable of
handling the bidding process, nor procurement may be done by shopping mode of
procurement. For procurement upto Rs 50,000 (Fifty thousand), the ‘Direct Procurement
without Quotation’ mode of procurement used in Procurement of goods may very well be
utilised in such cases. Similarly, for procurement of services upto Rs 5 (Rupees Five)
Lakhs, ‘Direct Procurement by a Purchase Committee’ mode as used in procurement of
Goods may be utilised. In all such modes of procurement, the procedure prescribed in the
Manual for Procurement of Goods, 2024 may be followed. Please refer to Annexures 7 &
8 for certificates to be recorded for such procurements.
4.5. Tendering Systems
1. Tendering systems are designed to achieve an appropriate balance between the
countervailing needs for the ‘Right Quality’ and the ‘Right Price’ (while the Mode of
Procurement addresses the ‘Right Source’, and the Tender Document addresses the Right
quantity and ‘Right Time and Place’) under different complexities/ criticality of Technical
requirements and value of procurements. Depending on the complexity and criticality of
technical requirements, as well as the value of procurement, the following types of
tendering systems may be used. Please note that the selection of a Tendering System has
to be based on the two factors mentioned above; hence, just a value threshold for their
use is discouraged. Selection should be based on professional judgement of the two
factors mentioned above. The various Tendering Systems that are used in public
procurement are:
a) Single Stage Tendering System:
i) Single Stage Single Envelop System
ii) Single Stage Two Envelops System (Two Bid System) (Rule 163 of GFR 2017)
b) Two Stage Bidding - Expression of Interest Tenders – Market Exploration/ Short-
listing (Rule 164 of GFR 2017)
2. Details of these Bidding Systems are explained in Chapter 4 of the Manual for
Procurement of Goods, 2024, which may be referred to. For the sake of brevity, these are
not repeated here.
80Manual for Procurement of Non-Consultancy Services, 2025
4.6. Channels of Procurement
Public Procurement can be channelled by way of Manual Bids, eProcurement Platforms, GeM
Portal or through third-party agencies.
4.6.1. Electronic Procurement (e-Procurement - Rule 160 of GFR 2017)
1. Electronic procurement (e-procurement) is the use of information and communication
technology (especially the internet) by the buyer (through a third-party e-procurement
portal) in conducting procurement processes with the vendors/ contractors for the
acquisition of goods (supplies), works and services aimed at open, non-discriminatory, and
efficient procurement through transparent procedures. A generic description of how e-
Procurement is conducted is detailed in ‘Appendix 3: Electronic Procurement (e-
Procurement) and e-Auction’ of the Manual for Procurement of Goods, 2024.
2. It is mandatory for ministries/departments to receive all bids through e-procurement portals
that are GCQE43 compliant for all procurements. This condition will not be applicable for
the procurement made without quotation (under Rule 154 of GFR, 2017) or through
purchase committee (under Rule 155 of GFR, 2017).
3. Normally, in e-procurement, no manual Tender Documents are provided, nor any manual
bids are accepted. It is not a good practice to call both electronic as well as manual bids
in the same tender. Sub-paras 4) and 5) below allow exemptions in specific situations
mentioned therein from e-procurement in cases where it is not convenient or feasible.
4. In Global Tender Enquiry (by any mode – Open Tender, Limited Tender or Single Tender),
e-procurement may not be mandatorily insisted upon. However, e-Publishing would still
be mandatory.
5. In individual cases where national security and strategic considerations demand
confidentiality, Ministries/ Departments may exempt such cases from e-procurement after
seeking the approval of the concerned Secretary and with the concurrence of Financial
Advisers. In case of tenders floated by Indian Missions and CPSE units abroad, the
Competent Authority for deciding the tender may exempt such cases from e-procurement.
6. The National Informatics Centre (NIC) has an e-procurement portal called the Central
Public Procurement Portal (CPPP). There are other service providers in the Public Sector
(e.g., MSTC) and the Private sector that can be utilised for e-procurement. Details about
the process of e-procurement are available from the service providers. ‘Appendix 3:
Electronic Procurement (e-Procurement) and e-Auction’ of the Manual for Procurement of
Goods, 2024 also gives such generic details of the e-Procurement process.
7. Ministries/ Departments that do not have a large volume of procurement or carry out
procurements required only for the day-to-day running of offices and have not initiated e-
procurement through any other solution provided so far may use e-procurement solution
developed by NIC. Other Ministries/ Departments may either use an e-procurement
43
Guidelines for Compliance to Quality Requirements of eProcurement (GCQE), July 2021 issued by Systems
Standardisation Testing and Quality Certification (STQC) Directorate (an attached office of the Ministry of
Electronics and Information Technology (MeitY), Government of India).
81Chapter 4: Bidding Design for Non-Consultancy Services
solution developed by NIC or engage any other service provider (GCQE44 compliant)
following due process.
8. These instructions will not apply to procurements made by Ministries/ Departments
through Government e-Marketplace (GeM).
(Rule 160 of GFR 2017)
4.6.2. Dynamic Price Discovery - Electronic Reverse Auction (eRA)
Electronic Reverse Auction (eRA, a type of auction classified as a dynamic procurement
mode) is an online real-time purchasing technique used to select a successful bid. eRA is an
iterative process with automatic evaluation of bids, where bidders can offer successively more
favourable bids to displace the lowest bid at any given moment within the duration of the eRA.
The starting price, minimum bid decrement, duration of the auction, and the maximum number
of automatic extensions are announced before the start of the online reverse auction. If a new
lower bid is received within the last few minutes (pre-announced, say five minutes) of closing
time, the closing time may get automatically extended by a few minutes (pre-announced, say
ten minutes) for others to respond. A maximum number of such extensions may be pre-
announced (say 50). The most favourable bid at the end of the stipulated/ extended time is
declared as successful. It has, however, to be ensured that the entire process is conducted
transparently and fairly. Electronic reverse auctions can be a powerful tool for procuring goods
and services, but they also come with potential risks and drawbacks. Procedure, applicability,
and counter-indications for eRA are detailed in para 4.16.2 of the Manual for Procurement of
Goods, 2024, which are not being repeated here for the sake of brevity.
4.6.3. Mandatory Procurement of Goods and Services through Government e-
Marketplace (GeM)
(Rule 149 of GFR 2017)
1. Government Electronic Marketplace is a type of e-commerce site where several sellers
offer common use products or services, and all the buyers can select the product/ services
offered by any one of the sellers based on his own criteria. In an online marketplace,
Purchaser’s transactions are processed by the marketplace operator, and then products/
services are delivered and fulfilled directly by the participating retailers. Other capabilities
included are auctioning (forward or reverse), catalogues, ordering, posting requirements
by purchasers, payment gateways, etc. The procurement process on GeM is end to end,
from the placement of supply orders to payment to suppliers. This is to ensure better
transparency and higher efficiency.
2. The Procurement of Goods and Services by Ministries or Departments is mandatory for
Goods or Services available on GeM as per Rule 149 of GFR, 2017. The GeM portal shall
be utilized by the Government buyers for direct online purchases (of Goods and Services)
as follows:-
a) Up to Rs.50,000/- through any of the available suppliers on the GeM, meeting the
requisite quality, specification, and delivery period.
Note 1: In the case of automobiles, direct procurement under this sub-para
is permitted without any ceiling limit.
44
Guidelines for Compliance to Quality Requirements of eProcurement (GCQE), July 2021 issued by Systems
Standardisation Testing and Quality Certification (STQC) Directorate (an attached office of the Ministry of
Electronics and Information Technology (MeitY), Government of India).
82Manual for Procurement of Non-Consultancy Services, 2025
Note 2: In case the item is available on GeM, it is not permitted to purchase
the same under Rule 154 of the GFR, 2017 (Purchase without quotation).
b) Above Rs.50,000/- and up to Rs.10,00,000/- through the GeM Seller having the lowest
price amongst the available sellers, of at least three different manufacturers of goods
or service providers (in case of services), on GeM, meeting the requisite quality,
specification, and delivery period. The tools for online bidding and online reverse
auction available on GeM can be used by the Buyer even for procurements less than
Rs. 10,00,000/-.
Note 1: In case the item/ service is available on GeM, it is not permitted to
purchase the same under Rule 155 of the GFR, 2017 (Purchase by Purchase
Committee).
c) Above Rs. 10,00,000/- through the supplier having the lowest price meeting the
requisite quality, specification, and delivery period after mandatorily obtaining bids,
using online bidding or reverse auction tool provided on GeM.
d) The invitation for the online e-bidding/reverse auction will be available to all the existing
Sellers or other Sellers registered on the portal and who have offered their
goods/services under the particular product/service category, as per the terms and
conditions of GeM.
e) The above-mentioned monetary ceiling is applicable only for purchases made through
GeM. For purchases, if any, outside GeM, relevant GFR Rules shall apply.
f) The Ministries/Departments shall work out their procurement requirements of Goods
and Services on either “OPEX” model or “CAPEX” model as per their
requirement/suitability at the time of preparation of Budget Estimates (BE) and shall
project their Annual Procurement Plan of goods and services on GeM portal within 30
(thirty) days of Budget approval.
g) It may be noted that it is the responsibility of the Procuring Entity to do due diligence
to ensure the reasonableness of rates. The government buyers may ascertain the
reasonableness of prices before placing an order using the Business Analytics (BA)
tools available on GeM, including the last purchase price on GeM, the department’s
own last purchase price, etc.
h) Demand shall not be divided into small quantities to make piecemeal purchases to
avoid procurement through L-1 Buying / bidding / reverse auction on GeM or the
necessity of obtaining the sanction of higher authorities required with reference to the
estimated value of the total demand.”
3. Further details for procurement on GeM are detailed in Chapter 4 of the Manual for
Procurement of Goods, 2024, which may be referred to. For the sake of brevity, these are
not repeated here.
4.6.4. Procurement through Centralized Agencies or other Organizations
Departments/ Organisations that have not built up their own infrastructure for purchase may
engage procurement agents (for individual procurement or as outsourcing of service) with the
approval of its Secretary. Many canalised agencies authorised by the Government and some
CPSEs45 do provide such end-to-end procurement services, i.e., framing procurement
45
Examples (not an exhaustive or recommendatory list) of such agencies are – Rail India Technical and Economic
Services (RITES), Delhi Metro Rail Corporation (DMRC), Engineers India Limited (EIL), Indian Railway Institute
of Logistics and Materials management (IRILMM), Institute of Public Auditors of India (IPAI) etc.
83Chapter 4: Bidding Design for Non-Consultancy Services
documents, bidding process, evaluation, and contract management. Procurements by such
agencies would have to conform to these Procurement Guidelines. In such cases, a contract
can be placed on them for procurement services, under mutually agreed terms. Guidelines for
procurement through such agencies are detailed in Chapter 4 of the Manual for Procurement
of Goods, 2024, which may be referred to. For the sake of brevity, these are not repeated
here.
84Manual for Procurement of Non-Consultancy Services, 2025
Chapter 5: Bid Invitation Process
5.1. Preparation and Uploading/ Floating of Tender Documents
5.1.1. Model Tender Documents
Department of Expenditure (DoE), Ministry of Finance, Government of India has issued Model
Tender Documents for Procurement of Goods.46 (October 2021), Procurement of Non-
Consultancy Services47 (October 2021) and Procurement of Consultancy Services48 (April
2023). Procuring Entities are urged to customise relevant MTD to prepare tender documents
for their procurements. Guidance notes annexed to the MTDs detail the process of
customisation of MTD for an Organisation and each procurement.
5.1.2. Tender Documents49
1. The tender document is the fundamental document in the public procurement process as
after award of the contract it becomes part of the contract agreement. A carefully prepared
tender document avoids delays and complaints. This will also attract more bidders to
formulate and submit their competitive bids with confidence. Hence, it is worth spending
time and effort on this, even in cases of urgency.
2. Provisions/ clauses in the tender document should be clear, self-contained, and
comprehensive, without any ambiguity. to avoid differences in interpretation and possible
disputes, time overrun, cost overrun and quality compromises. While tender document
should be complete in themselves and may be slightly different for various categories of
procurements, these must necessarily address the essential aspects mentioned below
(Rule 200 of GFR 2017). Model Tender Documents, issued by the DoE, which comply with
all these requirements, may be used, with due customisation, as per the guidance notes
annexed to the MTDs:
a) The details of the work or service to be performed by the contractor;
b) The facilities and the inputs which will be provided to the contractor by the Ministry of
Department;
c) Eligibility and qualification criteria to be met by the contractor for performing the
required work/ service. The eligibility criteria should take care of the service provider’s
limitation/ preference to participate in the Tender process. Criteria for determining the
responsiveness of bids, criteria as well as factors to be considered for evaluating the
bids on a common platform and the criteria for awarding the contract to the responsive,
most advantageous (lowest/highest as the case may be) bidder;
d) The statutory and contractual obligations to be complied with by the contractor.;
3. Procuring entities may issue instructions regarding appropriate delegation of authority for
approval of the Tender Documents before these are floated/ uploaded.
46
Accessible from
https://doe.gov.in/files/circulars_document/Model_Tender_Document_for_Procurement_of_Goods.pdf
47
Accessible from
https://doe.gov.in/files/circulars_document/Model_Tender_Document_for_Procurement_of_Non_Consultancy_
Services.pdf
48
https://eprocure.gov.in/cppp/sites/default/files/standard_biddingdocs/Procurement_Consultancy_Services.pdf
49 Notified under para 12 vide OM No.F.1/1/2021-PPD issued by Department of Expenditure dated 29.10.2021
85Chapter 5: Bid Invitation Process
4. Eligibility criteria specify the very basic criteria that a bidder should meet to be
considered a responsive bid to be evaluated further beyond the preliminary evaluation/
screening of bids.
5. Qualification Criteria: Technical and Financial qualification Criteria determine the
capability of bidders (who have passed the eligibility criteria) to perform the contract. Only
those bidders who meet the qualification criteria, go to the next step of evaluation for award
of contract. They shall be clear and fair, having regard to the specific circumstances of the
procurement. Public authorities should also keep the experience, technical and financial
criteria broad-based so that bidders with experience in Services of a similar nature can
participate. Appropriate parameters should be prescribed in the qualification criteria for
bidders, to enable selection of the right type of bidders in public interest, balancing
considerations of quality, time and cost.
6. Evaluation Criteria: Evaluation criteria are the final filter used to select the bidders (who
have passed the qualification criteria) for the award of the contract. Depending on the
requirement and value-for-money (VfM) considerations, the Procuring Entity may consider
including, besides price, in the evaluation criteria in the Tender Document, one or more
additional criteria, e.g. quality, technical merit, aesthetic and functional characteristics,
environmental characteristics, running costs, cost-effectiveness and service level
parameters, etc. No criteria shall be used for evaluation of tenders that cannot be verified
or has not been specified in the Tender Document.
7. Open online tendering should be the default method to ensure efficiency of procurement.
Public authorities should also keep the experience criteria broad based so that bidders
with experience in similar nature of services can participate.
8. The Procuring Entity should allow the bidders enough time to prepare their proposals. The
time allowed shall depend on the assignment but normally shall not be less than three
weeks. In cases where the participation of international service providers is contemplated,
a period of not less than four weeks should normally be allowed.
9. Tender documents should invariably reserve the Procuring Entity’s right without assigning
any reason to:
a) reject any or all of the Bids or
b) cancel the tender process; or
c) abandon the procurement of the Services; or
d) issue another tender for identical or similar Services.
5.1.3. Contents of Tender Documents (Rule 168 of GFR 2017)
1. The Tender Document has the following main sections. A reading of the sections of the
tender document will make the purpose and instructions clear:
a) Section I: Notice Inviting Tender (NIT) and its Appendix: Tender Information Summary
(TIS)
b) Section II: Instructions to Bidders (ITB)
c) Section III: Appendix to Instructions to Bidders (AITB)
d) Section IV: General Conditions of Contract (GCC)
e) Section V: Special Conditions of Contract (SCC)
f) Section VI: Schedule of Requirements
i) Section VI-1: Services and Activities Schedule
g) Section VII: Performance Standards and Quality Assurance
i) Section VII-1: Method Statement
86Manual for Procurement of Non-Consultancy Services, 2025
ii) Section VII-2: Work Plan
iii) Section VII-3: Critical Material Schedule
h) Section VIII: Qualification Criteria
i) Section VIII-1: Personnel Schedule
ii) Section VIII-2: Critical Equipment Schedule
i) Financial Bid (BOQ Excel Sheet)
j) Submission forms and formats, including Bid Form (Cover letter), bank guarantees and
contract format, etc.
5.1.4. Notice Inviting Tender
1. NIT has legal importance, since it is this part of tender document, which is soliciting offers
from the bidders. The model NIT format in MTD should be used for publishing the tender
notice.
2. The Notice Inviting Tender (NIT) is crucial for attracting wide competition in the tender.
The NIT (and its appendix TIS) must contain sufficient information in brief for a prospective
bidder to decide whether to participate in the tender or not and, if he decides to participate,
how to go about it. To ensure competition, the attention of all likely bidders, for example,
registered vendors, past service providers, and other known potential service providers,
should be invited to the NIT through email/ SMSs/ letters. In e-procurement, the website
may be programmed to generate these alerts automatically.
3. In case of procurement through a limited tender, the NIT may be uploaded on the CPPP
Portal and Procuring Entity’s website with a note saying:
“This notice is being published for information only and is not an open
invitation to quote in this limited tender. Participation in this tender is by
invitation only and is limited to the selected Procuring Entity’s registered
suppliers/ service providers. Unsolicited offers are liable to be ignored.
However, suppliers/ service providers who desire to participate in such
tenders in future may apply for registration with Procuring Entity as per
procedure.”
4. Time-stamped audit trails for the e-publication shall be maintained by the procurement
portal. Printouts/ soft-copies may be taken/ downloaded only in case of off-line tenders, if
required, apart from ensuring maintenance of time stamped audit trail of e-publication. The
complete details of the dates on which advertisements appeared on the website should be
indicated when sending cases to higher authorities.
5.1.5. Instructions to Bidders (ITB) and its Appendix (AITB)
ITB contain all relevant information as well as guidance to the prospective bidders regarding -
obtaining tender documents, preparing and submitting a responsive process of establishing
the eligibility/ qualification credentials of the bidders as well as evaluation and comparison of
tenders and award of contract but should not contain information on processes after the
announcement of the award which should be covered in GCC, for example, the arbitration
clause, resolution of disputes, and so on. ITB also contains an introduction/ overview of the
contents of the tender document. Instead of modifying ITB every time, any changes warranted
by exceptional circumstances may be indicated with the prior approval of CA on a separate
Appendix to ITB (AITB) and ITB may be included unchanged in every tender document. It
should also be indicated therein that the provisions in the AITB shall supersede the
corresponding provisions in the ITB.
87Chapter 5: Bid Invitation Process
5.1.6. General and Special Conditions of the Contract (GCC and SCC)
The General Conditions of Contract (GCC) details the terms and conditions that would govern
the resultant contract. GCC covers all information on aspects after the announcement of the
tender award till the closure of the contract and dispute resolution. It should not cover any
aspect up to the announcement of the award. Instead of modifying the GCC every time, any
changes warranted by exceptional circumstances may be indicated in a separate section -
Special Conditions of Contract (SCC)- with the prior approval of the CA and GCC and may be
included unchanged in every tender document. It is also to be indicated therein that the
provisions in the SCC will supersede the corresponding provisions in the GCC.
5.1.7. Schedule of Requirements and Services and Activities Schedule
Schedule of Requirements and its sub-schedule - Service and Activities Schedule describes
the background, purpose/ objectives, description/ scope, deliverables/ outcomes, quantum,
timelines of Services required, etc. The requirements may consist of more than one schedule.
Each schedule may contain more than one Service. In case of multiple schedules of
requirement in a tender of Services, it should be clarified how bids for multiple schedules would
be evaluated for award of contract – either schedule by schedule or in total. Bidders must fill
up Compliance regarding these Schedules.
5.1.8. Performance Standards and Quality Assurance – Method Statement;
Work Plan; Critical Material Schedule
1. Performance Standards and Quality Assurance stipulates the quantitative/ qualitative
parameters/ limits/ thresholds for Performance standards/ Service Levels and functional/
technical specifications to which the service must be performed. It shall stipulate
procedures for the measurement, reporting and monitoring of performance parameters,
including institutional or third-party arrangements for this purpose. It shall also stipulate
the procedure for resolution and escalation in case of deficiency in performance/ quality/
service levels. In the case of long-term and complex services, it may stipulate a Service-
Level Agreement (SLA) agreement which must be complied with during delivery of
Services. Performance Standards shall also include statutory compliance required for
Occupational Safety, Health and Working Conditions requirements during delivery of
Services.
2. Procuring Entity may, if considered necessary, specify sub-schedules: Method Statement,
Work Plan, and Critical Material Schedules required for the performance of services to
desired quality and standards. Otherwise, these may be left to be quoted by the Bidder.
3. Bidders must fill up the relevant forms regarding this Schedule.
5.1.9. Qualification Criteria - Personnel Schedule; Critical Equipment Schedule
1. Qualification criteria are needed to determine whether a bidder has the required
capacity/ capability and credentials to successfully perform the contract. These Sections
lay down the Qualifying Criteria for a bid/ Bidder to be considered a responsive bid/ bidder
for further evaluation. Bids/ bidders not meeting these Qualification criteria shall be
rejected as nonresponsive. Unless otherwise stipulated, the Qualification Criteria shall
include:
a) Criteria 1: Experience and Past Performance
i) Experience of providing similar services
ii) Volume of similar services
1) 3 services > each 40% of the estimated cost; or
88Manual for Procurement of Non-Consultancy Services, 2025
2) 2 services > each 50% of the estimated cost; or
3) 1 service > 80% of the estimated cost
b) Criteria 2: Performance Capability – managerial and Equipment
i) Contract Manager 5 years’ experience (3 as a manager)
ii) Ownership/ proposals for acquisition/ hiring the essential equipment
c) Criteria 3: Financial Capability
i) Avg annual turnover at least 3-7 times the estimated cost
ii) Financial Liquidity
2. The type of service, scope, delivery and value of the procurement shall be kept in view
while fixing the Qualification criteria. However, a sample example is given below for
illustration:
a) Past Experience:
i) The bidder must have at least three years’ experience (ending month of March
prior to the bid opening) of providing similar types of services to Central/State
Government/ PSUs/ Nationalised Banks/ Reputed Organisations. Services
rendered with a list of such Central/State/ PSUs/ Nationalized Banks with
duration of service shall be furnished.
ii) The bidder must have successfully executed/completed similar Services
(definition of “similar services” should be clearly defined) over the last seven
financial years previous to the current financial year: -
1) Three similar completed services with annualised value not less than the
amount equal to 40% (forty percent) of the estimated annualised cost; or
2) Two similar completed services with annualised value not less than the amount
equal to 50% (fifty percent) of the estimated annualised cost; or
3) One similar completed service with annualised value not less than the amount
equal to 80% (eighty percent) of the estimated annualised cost.
b) Performance Capability:
i) Managerial Capability: a Contract Manager with five years’ experience in
Services of an equivalent nature and volume, including no less than three years
as Manager;
ii) Equipment Capability: Ownership/ proposals for the timely acquisition (own,
lease, hire, etc.) of the essential equipment listed in the Tender Information
Summary (TIS);
c) Financial Capability:
i) Average Annual gross billing during the last three years, ending 31st March of
the previous financial year, should be at least 3 times (for 1-3 years contracts)
to 7 times (for contracts longer than 3 years) the estimated annual cost - as far
as feasible based on the nature of service and market condition.
Generally, the financial capability required in Non-consultancy services as a
multiple of annual Tender value should be higher than the multiple in works
because the service provider has to sustain the services over a long period
of time. That is why a multiple of 3 to 7 is mentioned above.
ii) Liquid assets and/or credit facilities, net of other contractual commitments and
exclusive of any advance payments which may be made under the Contract,
of no less than the amount specified in the Tender Document.
89Chapter 5: Bid Invitation Process
3. In higher value procurements, the minimum annual turnover should not be blindly a
multiplier of the assignment value, but there may be an upper cap on demanded turnover,
so as not to restrict competition only to the big or foreign firms.
4. The bidder must ensure that he fills up all forms and formats relevant for the compliance
to the Qualification Criteria and provides convincing proof of having fulfilled these criteria.
5. Relaxation for Start-ups: The condition of prior turnover and prior experience may be
relaxed50 for startups (only to startups recognised by the Department of Industry & Internal
Trade (DPIIT)) subject to meeting quality & technical specifications and making suitable
provisions in the tender document (Rule 173 (i) of GFR 2017). Startups may be MSEs or
otherwise. It is further clarified that such relaxation is not optional but has to be ensured,
except in case of procurement of items related to public safety, health, critical security
operations and equipment, etc) where adequate justification exists for the Procuring Entity
to not relax such criteria. Please also refer to para 1.10.1-4-b), 1.10.4-2-b) and 7.3.4-2-c).
6. Qualification Criteria shall be based entirely upon the capability and resources required to
perform the particular contract satisfactorily, considering bidders’ experience and past
performance, capabilities with respect to personnel, equipment and manufacturing
facilities, financial standing and relevant compliance with environmental protection
regulations/ Environment Management System. There should be no qualification criteria
that would be advantageous to foreign manufactured goods at the cost of domestically
manufactured goods.
7. Qualification of demerged entities51 (by virtue of a corporate restructuring exercise
etc.): Tender documents must clearly mention if (and under what conditions) the demerged
entity will be permitted to use credentials of original/parent entity (for initial five years from
the incorporation of the demerged entities) to satisfy the qualification criteria or not.
5.1.10. Financial Bid (BOQ Excel Sheet)
1. The Procuring Entity should select an appropriate format of BOQ from the eProcurement
Portal and upload it after filling up the entries for the complete schedule of requirements
and various price components to enable the system to automatically calculate the all-
inclusive price of a bid to generate a comparative tabulation of all bids. Any procurement
portal that does not have a facility for Financial bids to be uploaded in Excel format
(providing detailed break-up in line with the type of contract and system of selection)
should endeavour to build such functionality, which is crucial for Non-consultancy and
Consultancy Services.
2. The Bidder should fill in rates and prices for all items of the Services described in the
Services and Activities Schedule. Items for which no rate or price is entered by the Bidder
will not be paid for by the Procuring Entity when executed and shall be deemed covered
by the other rates and prices in the Services and Activities Schedule. The priced Services
and Activities Schedule contains sections on Remuneration for Staff deployed,
Reimbursable Expenses and Miscellaneous Expenses. All duties, taxes, and other levies
payable by the service provider under the Contract, or for any other cause, as in the month
prior to the month of the deadline for submission of bids, should be included in the total
50
OM No.F.20/2/2014-PPD (Pt.) dated 20.09.2016.
51
As per DoE’s OM No. No. F .8/78/2023-PPD dated 12.10.2023, in suitable cases procuring entity may consider
the credentials based on the merit and circumstances of the cases like type of procurement, nature of demerger,
number of eligible bidders available etc.
90Manual for Procurement of Non-Consultancy Services, 2025
Bid price submitted by the Bidder. Even in tenders for Lump-sum contracts, for the purpose
of determining the price of additional Services during the contract, a breakdown of
remuneration, reimbursables and miscellaneous expenses in the lump-sum price shall be
provided by the Bidder.
3. Bidders are to upload only the downloaded BOQ (in Excel format) after entering the
relevant fields without any alteration/ deletion/ modification of other portions of the Excel
sheet. The quoted price shall be considered to include all relevant financial implications,
including inter-alia the scope of the services to be supplied, location of the bidder, location
of the consignee(s), terms of delivery, extant rules and regulations relating to taxes, duties,
customs, transportation, environment, labour of the bidder's country and in India.
4. Restrictions regarding Personnel Deployed:
a) The quoted rates shall not be less than the minimum wage fixed/notified by the Central/
State Government (whichever is higher) – where the service is performed and shall
include all statutory obligations and service charges/ margin (including transaction
charges) over such minimum wage.
b) Bids without any element of cost over and above such minimum wage shall be treated
as ‘Nil’ price quotations and would be rejected.
c) Least Cost System (LCS) should be considered for procurement of Manpower
Outsourcing Service, wherever appropriate, especially in high value cases.
d) The service provider shall be liable for all kinds of dues payable in respect of all
personnel provided under the contract and the Procuring Entity shall not be liable for
any dues for availing the services of the personnel. The service provider should ensure
that the persons to be deployed are not alcoholics or drug addicts and do not indulge
in any activity prejudicial to the interest of the Procuring Entity. The service provider
shall ensure to get the Police verification for all the manpower deployed by them, and
the contractor should ensure that the manpower deputed should bear good moral
character.
5.1.11. Submission Forms and Formats
This section contains the relevant forms for tender submission: various declarations by bidder,
formats for the bank guarantee, financial bid forms (BOQ Excel Sheet), exception and
deviation forms, contract forms and manufacture’s authorisation form, Integrity Pact (if
applicable) and so on.
5.1.12. Important provisions of ITB
As already mentioned, ITB contains all relevant information as well as guidance to the
prospective bidders regarding - obtaining tender documents, preparing and submitting a
responsive bid, the process of establishing the eligibility/ qualification credentials of the
bidders, Code of Integrity in Public Procurement (CIPP), the process of grievance redressal,
as well as evaluation and comparison of tenders and award of contract. It also contains an
introduction/ overview of its contents. It mentions the type of entities that may participate,
specifically if Consortium/ JV/C are permitted to participate. It shall also mention that the
consulting company should be registered under the applicable act with registered offices in
India. It also excludes insolvent, bankrupt, debarred, and convicted firms with conflict of
interest from participation. Restriction of participation of bidders from certain countries with
land borders with India is also applicable. Other important provisions in an ITB are:
91Chapter 5: Bid Invitation Process
1. Eligibility and Preferential policies: Provisions relating to Eligibility Criteria, Conflict of
Interest and applicable preferential policies regulate the participation of bidders of various
categories and their agents, if any.
2. Period of Contract:
a) A very short period of contract would require spending needless administrative time in
repeating the exercise at short intervals while a very lengthy contract period may affect
service quality. The period of contract would depend on the nature of services to be
procured, however, in the normal course, the period of initial contract may be fixed
normally for two years.
b) Extension of Contract: The clause of extension of the contract beyond the period of
two years may be for a further period of one year, subject to the service provider
providing satisfactory service. Thereafter, fresh bidding for a new tender for the said
service may be undertaken. In all cases where the Service Provider has been levied a
cumulative penalty of 5 (five) percent (or any other %age specified for the upper limit
of LD) of the total contract value, extension beyond the initial period may be considered
after obtaining assurance for timely delivery of services.
3. Bid Prices, Taxes and Duties: Provisions regarding Price components, Price Schedule,
GST, Currencies of Bid, Firm/ Variable prices, Payments are detailed in the ITB.
4. Bid Security and Performance Security: Provisions relating to Bid Security and
Performance security are detailed in ITB. Please refer to para 6.1 for details in this regard.
5. Proposed form of contract:
a) The contract includes Description of Services - accepted activities, methodology,
deployment of resources (Personnel, Equipment and Material), Price Schedule, as well
as general and specific conditions of contract, etc. Wherever possible, the Procuring
Entity shall use the Standard Form of Contract. The general conditions of contract shall
include all such conditions which are common in nature and not project specific. Such
conditions include clauses pertaining to sub-contracting, methods of payment,
termination and extension of contracts, arbitration, variation in quantities, indemnity
and insurance, force majeure, conflict of interest, compliance with local laws and taxes
and duties, etc. The project specific conditions include clauses relating to the
assignment in hand. These clauses should be carefully developed to protect the
interest of the Procuring Entity.
b) Applicable Law and Settlement of Disputes: The contract shall include provisions
dealing with the applicable law, which should be the law applicable in India and the
forum for the settlement of disputes – applicable Arbitration Clause and procedures.
5.1.13. Uploading of Tender Documents: Mandatory e-Publishing (Rule 159
of GFR 2017)
1. 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 thereof and details of bid awards online on the Central Public
Procurement Portal (CPPP) and also on their website. These instructions apply to all
Tender Enquiries, Requests for Proposals, Requests for Expressions of Interest, Notice
for pre-qualification/ Registration or any other notice inviting bids or proposals in any form,
whether they are advertised, issued to a limited number of parties or to a single party.
These instructions would not apply to the purchase of services without quotations or the
Purchase of services by the purchase committee.
92Manual for Procurement of Non-Consultancy Services, 2025
2. Individual cases, where confidentiality is required for reasons of national security, would
be exempted from the mandatory e-publishing requirement. The decisions to exempt any
case on the said grounds should be approved by the Secretary of the Ministry/ Department
with the concurrence of the concerned Financial Advisor. In the case of ‘Autonomous
Bodies’ and ‘Statutory bodies’ approval of the head of the body with the concurrence of
the head of the finance should be obtained in each such case. Statistical information on
the number of cases in which exemption was granted and the value of the concerned
contract should be intimated on a Quarterly basis to the Ministry of Finance, Department
of Expenditure.
5.1.14. Amendment of Tender Documents (Rule 173 (iii) of GFR 2017)
At any time prior to the date of submission of bids, the procuring entity may, Suo-moto or in
response to a clarification sought by a prospective bidder (directly or in a pre-bid conference),
amend tender documents by issuing a corrigendum. Copies of such amendment / modification
should be uploaded on the E-publishing portal and Procuring Entity’s own website. In case of
off-line tenders, the copies of such amendment / modification are to be simultaneously
despatched, free of cost, by registered/ speed post/ courier/ e-mail, to all the parties who have
already purchased the tender documents and copies of such amendments are also to be
prominently attached in the unsold sets of the tender documents (which are available for sale).
When the amendment/ modification changes the requirement significantly and/ or when there
is not much time left for the bidders to respond to such amendments and prepare a revised
tender, the time and date of submission of tenders are also to be suitably extended (not less
than 3 days) as per para 5.1.15 below.
5.1.15. Extension of Deadline of Bid Submission
1. To give sufficient time to bidders to prepare and submit their bids, the Procuring entity may
suo-moto or based on the justifiable request of bidder(s) or due to significant modification
of tender documents (as per para 5.1.14 above), extend the time and date of submission
of tenders suitably (not less than three (3) days), along with suitable changes in the
corresponding time-frames for receipt of tender, bid validity period etc and validity period
of the corresponding EMD/ bid security. Depending on the situation, such an amendment
may also need fresh publication adopting the same procedure as for publication of the
original tender enquiry.
2. Auto-Extension of Bids – in case of lack of Response: The e-Procurement portal/ GeM
should not provide anybody, including the Procuring Entity, with the bid count before the
tender opening time, even at their request. The eProcurement portal/ GeM may facilitate
the Procuring Entity in specifying the minimum number of bids considered sufficient and
the pre-specified number of days for automatic extension of bid opening (ordinarily not
less than 7 days) at the time of tender upload. The system shall declare in the tender
details that in case of low competition (without specifying the number), the tender closing
time shall be automatically extended by the specified number of days. If bids received till
the bid opening time are less than the specified minimum bids, the system should
automatically extend the tender opening by the specified number of days without seeking
any input from or sharing any information with anyone, including the Procuring Entity.
Purchasers and bidders shall only be informed that due to less competition, the tender
closing time has been extended up to (date and time). However, this automatic extension
of bid opening shall be done only once, not repeatedly. If a Procuring Entity wants to go
ahead even with low competition (e.g., due to urgency), they may mention ‘one’ as the
93Chapter 5: Bid Invitation Process
minimum bid. So that if no bid is received, the tender is automatically extended; otherwise,
it is not. The procuring entity is free to cancel and retender the procurement after auto-
extension. In the case of e-reverse auctions as well, the provisions mentioned above
regarding auto extension shall be applicable. GeM and eProcurement portals shall update
their systems accordingly.
5.2. Obtaining Tender Documents and Submitting Bids
5.2.1. Availability and Cost of Tender Documents (Rule 161 (v) of GFR 2017)
1. Tender documents should preferably be sold or available for download after the date and
time of the start of availability till the deadline for availability as mentioned in tender
document (say up to last date of bid submission) and this should be clearly indicated in
the documents. The organisation should also post the complete tender document on the
website and on CPPP and permit prospective bidders to make use of the document
downloaded from the website/ CPPP.
2. Normally, no tender document fee should be charged. In exceptional cases, a procuring
entity may fix a bare minimum cost of tender documents to defray the expenses/ effort of
preparing documents, drawings, etc. The cost of the tender document is to be submitted
to the authority nominated therein by the prospective bidder in the form of a demand draft/
banker’s cheque/ pay order/ online payment gateway. Firms that are eligible for exemption
from the tender document cost, such as MSEs and Procuring Entity’s registered units (for
relevant items and monetary limit), have to submit/ upload scanned copies of documents
in support of this exemption.
5.2.2. Participation of Bidders
1. Eligibility Criteria: The tender document may lay down eligibility criteria for participating
in the tender process, e.g., restrictions on participation by bidders relating to - type of
commercial entity, insolvency, ineligibility/ debarment/ convictions/ conflict of interest,
Class of bidders (as per Make in India Order), bidders from countries having land borders
with India etc. Except for the eligibility criteria, participation shall be open to all bidders in
Open/ Global Tender Enquiries. In the case of the Second Stage (of two Stage Bidding or
PQB - please refer to para 8.1 for details) or Limited Tenders, participation shall be open
only to such bidders who have been previously shortlisted or specifically invited.
2. Purchase Preference Policies: The Procuring Entity shall stipulate in tender document
the available preferences to eligible Bidders under various Government Policies/ directives
(policies relating to Make in India, MSME, Start-ups, etc.).
3. Conflict of Interest: Bidders having a conflict of interest shall not be eligible to participate
in the tender process unless the conflict stemming from such relationship has been
resolved in a manner acceptable to the Procuring Entity throughout the Tender process
and execution of the Contract. Please also refer to para 3.3.3 above. The bidder shall be
considered to have a conflict of interest in this tender process and execution of the
resultant contract in the following situations:
a) If its personnel have a close personal, financial, or business relationship52 with any
personnel of the procuring entity who are directly or indirectly related to the
52
Please refer to para 3.5-5 for clarification
94Manual for Procurement of Non-Consultancy Services, 2025
procurement or execution process of the contract, which can affect the decision of the
procuring entity directly or indirectly;
b) The bidder (or his allied firm 53 ) provided services for the need assessment/
procurement planning54 of the Tender process in which it is participating;
c) Participation in any capacity by a Bidder (including the participation of a Bidder as a
partner/ JV/ consortium member or sub-contractor in another bid or vice-versa) in more
than one bid shall result in the disqualification of the bid in which he is a main/ principal/
lead bidder. However, this does not limit the participation of an entity as a sub-
contractor in more than one bid if he is not bidding independently in his own name or
as a member of a consortium/ JV;
5.2.3. Pre-bid Conference and Pre-NIT Conference
(Rule 173 (x) of GFR 2017)
1. Pre-Notice Inviting Tender (NIT) Conference (Market Consultation): In complex
and innovative procurement cases or where the procuring entity may not have complete
knowledge to formulate tender provisions (e.g., Two-Stage Tendering (with EoI) - refer to para
4.5-1-b) above), a pre-NIT conference (Market Consultation) is a key step allowing procuring
entities to refine specifications and terms by engaging with potential service providers and
industry experts. Such conferences should be publicised so that different potential service
providers can attend55. This process helps align tender requirements with current market
capabilities and technological advancements. By gathering insights on feasibility and trends,
the procuring entity can craft realistic specifications that encourage competitive and cutting-
edge solutions. The findings from these consultations inform the final tender documents,
ensuring a transparent and effective procurement process.
2. Pre-bid Conference: In all cases of large value or complex assignments, a suitable
provision shall be kept in the tender documents for one or more pre-bid conferences for
clarifying issues/clearing doubts, if any, and for ensuring a level playing field, relating to the
specifications and other allied technical/commercial details. During this conference, the
technical/ commercial details, scope of requirements, responsibilities of either parties or other
details should be clearly explained to the prospective bidders so that there is no ambiguity
later at the time of submission of technical/financial bids
a) Participation is not mandatory. However, if a bidder chooses not to (or fails to)
participate in the Pre-bid conference or does not submit a written query, it shall be
assumed that they have no issues regarding the techno/ commercial conditions.
b) The date and time for such a meeting should normally be after 7 to 21 (seven to twenty-
one) days of issue of the Tender Document and should be specified therein. The date
and time by which the written queries for the Pre-bid must reach the authority and the
last date for registration for participation in the Pre-bid conference are also mentioned
in the tender Document (3 days before the date of the conference, if not specified).
The pre-bid conference may also be held online at the discretion of the Procuring
Entity.
53
Please see definition in ‘Procurement Glossary” section
54
inter-alia need assessment, preparation of - feasibility/ cost estimates/ Detailed Project Report (DPR), design/
technical specifications, terms of reference (ToR)/ Activity Schedule/ schedule of requirements or the Tender
Document etc.
55
Notified under para 9.2 vide OM No.F.1/1/2021-PPD issued by Department of Expenditure dated 20.10.2021
95Chapter 5: Bid Invitation Process
c) Timelines for response to the pre-bid conference, e.g. Replies to Questions, issue of
minutes of the pre-bid conference, Corrigenda, etc, should be mandatorily mentioned
in the tender document and complied with.
d) Delegates participating in the Pre-bid conference must provide a photo identity and an
authorisation letter as per the specified format from their Company/ principals; else,
they shall not be allowed to participate.
e) After the Pre-bid conference, Minutes of the Pre-bid conference shall be published on
the Procuring Entity’s portal within seven days from the conference. Where some
significant changes are made in the terms/scope of the Tender Document as a result
of the pre-bid meeting or otherwise considered necessary by the Procuring Entity, a
formal corrigendum may be issued to all bidders, which shall form part of the Tender
Document. To give reasonable time to the prospective bidders to take such
clarifications into account in preparing their bids, the Procuring Entity may suitably
extend, as necessary, the deadline for the bid submission.
5.2.4. Site Visit
The Bidder, at its own cost, responsibility and risk, may visit and examine the Site of required
Services and its surroundings and obtain all information that may be necessary for preparing
the Bid and entering into a contract for the Services.
5.2.5. Clarification of Tender Documents
A prospective bidder requiring clarification on the tender documents may ask questions in
writing/ electronically from the Office/ Contact Person as mentioned in the tender document,
provided the questions are raised before the clarification end date mentioned therein (or if not
mentioned, before 7 days of the deadline for the bid submission). This deadline shall not be
extended in case of any intervening holidays. A response will be sent in writing/ digitally to the
clarifications sought prior to the date of opening of the tenders. Only material queries and their
responses shall be uploaded on the website without revealing the identity of the bidder making
the query. When the response to clarification changes the requirement significantly and /or
when there is not much time left for the bidders to respond to such responses, the time and
date of submission of tenders may also be suitably extended (not less than 3 days) as per
para 5.1.15 above.
5.2.6. Withdraw/ Amendments / Modifications to Bids by Bidders
The bidder, after submitting its bid, is permitted to substitute/ alter/ modify it, superseding an
earlier bid, so long such a revised bid is uploaded/ received duly sealed and marked like the
original bid up to the bid submission deadline. Resubmission of a bid shall require uploading
all documents, including the financial bid, afresh. The system shall consider only the last bid
submitted as a valid bid. The bidder may withdraw his bid before the bid submission deadline,
and it shall be marked as withdrawn and shall not get opened during the Bid opening. Any
such action after that deadline is not permitted. Withdrawal/ amendment/ modification/
alteration/ impairment/ derogation of a bid, in any respect, by its bidders between the deadline
for submission of bids and the expiration of the period of bid validity, his bid security/ EMD
shall be forfeited besides imposition of any other punitive remedy available to the procuring
entity. In such cases, tender evaluation shall be proceeded with in terms of para 7.2.6-3)
below.
96Manual for Procurement of Non-Consultancy Services, 2025
5.2.7. Sealing/ Marking of Bids in off-line Tenders
The tender document should indicate the manner of submission/ uploading of bids. In the case
of off-line tenders, the total number of bid copies (for example, in duplicate or in triplicate, and
so on) is required to be submitted. The bidder is to seal the original and each copy of the bid
in separate envelopes, duly marking the same as "original", "duplicate," and so on, and printing
the address of the purchase office and the tender reference number on the envelopes. Further,
the sentence ''NOT TO BE OPENED" before (due date and time of tender opening) is also to
be printed on these envelopes. The inner envelopes are then to be put inside a bigger outer
envelope, which will also be duly sealed, marked, and so on, as above. If the outer envelope
is not sealed and marked properly as above, the procuring entity does not assume any
responsibility for its misplacement, premature opening, late opening, and so on.
5.2.8. Uploading/ Submission of Bids
1. Uploading Bids in eProcurement: Different eProcurement portals56 may have different
provisions, but the following is the generic description:
a) The Procuring Entity is neither a party nor a principal in the relationship between Bidder
and the organisation hosting the e-procurement portal (hereinafter called the Portal).
Bidders must acquaint and train themselves with the rules, regulations, procedures,
and implied conditions/ agreements of the Portal. Bidders intending to participate in
the bid shall be required to register with the portal. Bidder must comply with the
conditions of the eProcurement portal, including registration, compatible Digital
Signature Certificate (DSC), etc. In the case of downloaded documents, Bidder must
not make any changes to the contents of the documents while uploading, except for
filling in the required information.
b) Any query/ clarification/ complaint regarding downloading Tender Documents and
uploading Bids on the e-Procurement portal may be addressed to the Help Desk of the
portal.
c) In case of conflict between provisions of the Portal with the Tender Document,
provisions of the Portal shall prevail. Bidders may study the resources provided by the
Portal for Bidders.
d) Bids must be uploaded till the deadline for submission mentioned in the Tender
Document. If the office happens to be closed on the deadline to submit the bids as
specified above, this deadline shall not be extended.
e) Only one copy of the bid can be uploaded, and Bidder shall digitally sign all statements,
documents, and certificates uploaded by him, owning sole and complete responsibility
for their correctness/ authenticity as per the provisions of the IT Act 2000 as amended
from time to time.
f) Regarding the protected Price Schedule (excel format, Cover-2), the Bidder shall write
his name in the space provided in the specified location only. Bidder shall type rates in
the figure only in the rate column of respective item(s) without any blank cell or zero
values in the rate column and without any alteration/ deletion/ modification of other
portions of the Excel sheet. If space is inadequate, Bidder may upload additional
documents under "Additional Documents" in the "bid Cover Content."
56
These portals must be compliant with ‘Guidelines for Compliance to Quality Requirements of eProcurement’
(GCQE), July 2021 issued by Systems Standardisation Testing and Quality Certification (STQC) Directorate (an
attached office of the Ministry of Electronics and Information Technology (MeitY), Government of India).
97Chapter 5: Bid Invitation Process
g) The date and time of the e-procurement server clock, which is also displayed on the
bidders' dashboard, shall be used as the reference time for deciding the closing time
of bid submission. Bidders are advised to ensure they submit their bid within the
deadline and time of bid submission, taking the server clock as a reference, failing
which the portal shall not accept the Bids. No request on the account that the server
clock was not showing the correct time and that a particular bidder could not submit
their bid because of this shall be entertained. Failure or defects on the internet or heavy
traffic at the server shall not be accepted as a reason for a complaint. The Procuring
Entity shall not be responsible for any failure, malfunction or breakdown of the
electronic system used during the eProcurement Process.
h) The bidder should ensure the correctness of the bid before uploading and take a
printout of the system-generated submission summary to confirm the successful bid
upload. All bids uploaded by Bidder to the portal shall be automatically encrypted. The
encrypted bid can only be decrypted/ opened by the authorised persons on or after the
due date and time.
i) Bidder must upload scanned copies of originals (or self-attested copies of originals –
as specified). The bidder should ensure the clarity/ legibility of the scanned documents
uploaded by him. The Procuring Entity reserves its right to call for verification of
originals of all such self-certified documents from the Bidders at any stage of
evaluation, especially from the successful Bidder(s) before the issue of Letter of Award
(LoA).
j) If so specified in the tender document, originals (or self-attested copies of originals –
e.g., exemption/ proof of EMD (in the form of Bank Guarantee, DD etc.) or., as specified
therein) of specified scanned, uploaded documents must be physically submitted
before the deadline specified for it (before the bid submission deadline, if not so
specified) sealed in double cover, and acknowledgement must be obtained before the
bid submission deadline at the mentioned venue. Failure to do so is likely to result in
the bid being rejected. If the office is closed on the deadline for the physical submission
of originals, it shall stand extended to the next working day at the same time and venue.
k) No manual Bids shall be made available or accepted for submission in eProcurement
(except for originals of scanned copies as per sub-para above).
2. Submission of Bids in offline Tender Process: In offline tenders, receipt and custody
of bids shall be done in a transparent manner to maintain the credibility of the process.
The following guidelines should be adhered to for receipt and custody of bids:
a) The technical and financial proposals shall be submitted at the same time. To
safeguard the integrity of the process, the technical and financial proposals shall be
submitted in separate sealed envelopes, kept in an outer sealed envelope.
b) The procuring entity shall maintain tender boxes for receiving the bids at suitable
locations, which would facilitate security and easy access for bidders. If required,
Tender boxes should be separate for each day of the week of tender opening and
should be sealed by the Bid Opening Committee (BOC) of the day. The tender box
shall have two locks. The key of one lock will be with the head of the office, and the
other key with the official nominated by him;
c) Bids received by courier shall be deposited in the tender box by the Dispatch Section
till the date and time of bid opening. Bids sent by telex, cable or facsimile are to be
ignored and rejected.; and
98Manual for Procurement of Non-Consultancy Services, 2025
d) For bulky/ oversized bids which cannot be dropped into tender boxes, the officials
authorised to receive such bids shall maintain proper records and provide a signed
receipt with date and time to the bearer of the bid. He will also sign on the cover, duly
indicating the date and time of receipt of the tender(s). Names and designations of at
least two such authorised officers should be mentioned in the tender documents.
3. Bid security: Bid Security or if permitted Bid Securing Declaration (BSD) must accompany
the bid as per instructions in the Tender Document. A self-attested scan of the original Bid
Security/ BSD should be uploaded along with bids. Bids not complying with these
provisions shall be rejected. Please refer para 6.1.1 below.
5.2.9. Bid Validity
A bid shall remain valid for the period mentioned in the Tender Document (90 days if not so
specified). A bid valid for a shorter period shall be rejected as nonresponsive. In case the day
up to which the bids are to remain valid falls on or is subsequently declared a holiday/ closed
day for the Procuring Entity, the bid validity shall automatically be deemed to be extended upto
the next working day. The validity period should not be unreasonably long as keeping the
tender unconditionally valid for acceptance for a longer period entails the risk of getting higher
prices from the bidders. (Please see para 7.2.6 below for an extension of the Bid Validity
Period)
5.3. Opening of Bids
1. Immediately after the deadline for bid submission, the procuring entity shall proceed to the
bid opening. If the specified date of Bid Opening falls on is subsequently declared a holiday
or closed day for the Procuring Entity, the Bids shall be opened at the appointed time on
the next working day. In offline tenders, the BOC shall comprise one officer each from the
procuring entity and Associated/ integrated Finance.
2. In e-procurement, all tenders uploaded by bidders are received, safeguarded, and opened
online on the portal as detailed in ‘Appendix 3: Electronic Procurement (e-Procurement)
and e-Auction’ of the Manual for Procurement of Goods, 2024.
3. In offline tenders, receipt and custody of bids shall be done in a transparent manner to
maintain the credibility of the process. The following guidelines should be adhered to for
receipt and custody of bids:
a) The authorised representatives of bidders, who intend to attend the tender opening in
OTE/ GTE/ SLTE are to bring with them letters of authority from the corresponding
bidder. The prescribed format for the letter of authority for attending the bid opening
should be given in the tender document. All bid-opening activities should be carried
out demonstrably before such a gathering. The prescribed format for the bid opening
attendance sheet and report is given in Annexure 5;
b) At a prescheduled date and time, the BOC of the day should get the tender box opened
after ensuring and demonstrating that the seal on the box has not been tampered with.
All bids should be collected from the tender box. Bids for tenders not opening on that
day should be put back into the box, and the box resealed. Sometimes, there would
be tenders dropped wrongly into this tender box. Such wrongly dropped tenders with
appropriate endorsement should be put into the appropriate box or sent to the Tender
Committee (TC) concerned if the date of opening is over. The bids for different tenders
opening on the day (including oversized bids, which were submitted to designated
officers) should be sorted, and a count for each tender should be announced and
99Chapter 5: Bid Invitation Process
recorded, particularly noting any modifying/altering/withdrawal of bids. BOC should
ensure and demonstrate that bid envelopes are duly sealed and untampered. Late bids
should be separately counted but kept aside and not opened. In the case of an
advertised tender enquiry or limited tender enquiry, late bids (that is, bids received after
the specified date and time for receipt of bids) should not be considered (Rule 202 of
GFR 2017);
c) The technical bids will be opened on the pre-announced date and the financial
proposals shall remain sealed and shall be opened publicly only for those firms that
have qualified technically.
d) After opening, every tender shall be numbered serially (say 3/14 – if it is the third bid
out of 14 total), initialled, and dated on the first page by the BOC. Each page of the
price schedule or letter attached to it shall also be similarly initialled, particularly the
prices, delivery period, and so on, which shall also be circled and initialled along with
the date. Any other page containing significant information should also be dealt with
similarly. Blank tenders, if any, should be marked accordingly by the BOC. The original
(and duplicate, if any) copies in a tender set are to be marked accordingly by the BOC;
e) Erasure/cutting/overwriting/use of whitener/columns left unfilled in tenders, if any, shall
be initialled along with the date and time and numbered by the officials opening the
tenders and total number of such noticed alterations (or the absence of any alteration)
should be explicitly marked on the first page of the bid. Wherever quantity/amount is
written only in figures, the BOC should write them in words. All rebates/discounts
should be similarly circled, numbered, and signed. In the absence of any
alteration/overwriting/whitener/ blanks, the remark “no corrections noted” should be
written. Similarly, the absence of discounts should be marked with “no discounts
noted;”
f) The BOC is to announce the salient features of the tenders such as description and
specification of the services, terms of delivery, delivery period, if any, whether EMD
furnished or not, and any other distinctive feature of the tender for the information of
the representatives attending the tender opening. No clarifications by bidders should
be entertained or allowed to be recorded during the bid opening. BOC has no authority
to reject any tender at the tender opening stage;
g) Proper sealing and codification need to be done on reference samples as well for
samples which accompany the bid57. These should be kept for reference under lock
and key. Details should be recorded in the sample register maintained in the opening
section.
h) Financial instruments should be noted in the bid opening report/register and handed
over to the Finance Section for safe custody and monitoring; and
i) A bid opening report containing the names of the bidders (serial number wise), salient
features of the tenders, as read out during the public opening of tenders, will be
prepared by the tender opening officers, and duly signed by them along with the date
and time. The tenders that have been opened, list of the representatives attending the
tender opening, and bid opening report are to be handed over to the nominated
purchase officer and an acknowledgement obtained for him. The name of the bidder
proposed prices shall be read aloud and recorded when the financial proposals are
opened. No modification to financial proposals is permitted. The Procuring Entity shall
57 Please note that as detailed in para 2.2.1 (x), calling for a sample along with the bid for evaluation is strictly
discouraged.
100Manual for Procurement of Non-Consultancy Services, 2025
prepare the minutes of the public opening. Format at Annexure 5 may be used for this
purpose. When electronic submission of proposals is used, this information shall be
posted online.
j) Similar procedure shall later be followed during Financial Bid Opening in case of
multiple-envelop bidding.
5.4. Transparency and Protecting Third-Party Rights of Bidders
1. Objectives of transparency in eProcurement are amply served if all data relating to the
Tender and Award of Contract are accessible to public.
2. As far as the bidders who have participated in a tender (participating bidders), for purpose
of transparency, comparative summary of Technical (compliance details) and of Financials
bids (including QCBS calculations, wherever applicable) should also be accessible to
them, but not necessarily to public at large, unless sought and is permissible under the
RTI act.
3. Bidders may have genuine concern about Techno-commercial and operational trade
secrets, if their full technical and financial bids are accessible to their competitors or public
at large. This concern may get aggravated in complicated EPC/ PPP/ Consultancy
procurements. Technical/ financial bids should not be made accessible to public at large,
and a call needs to be taken based on sensitivity of details in the bids to restrict access of
even participating bidders to full technical/ financial bids of their competitors. Decision of
procuring Entity to share or not share the full technical bids with other participating bidders,
should be clearly brought out in the Tender Documents.
4. However, a clause may be added to the tender documents reserving right of the
Procurement Entity and the eProcurement portal to provide access to bidders’ technical/
financial bids to other participating bidders, in addition to comparative summary of
Technical and financial bids of all participating bidders.
5.5. Bidding Invitation Process- Risks and Mitigations
Risk Mitigation
1. Exceptions to an open tender process Rigorously follow the conditions under
are abused, leading to single source which open tendering can be dispensed with.
processes.
2. When short lists are used, the process of Registration of bidders/contractors: All
preparation of short lists may be non- major procuring Departments must keep a list
transparent and all eligible firms may not be of registered bidders for use in restricted
included, and some ineligible firms may get tendering. Publicise even restricted bids on
included. your website. Bidders for LTE/ SLTE may be
transparently selected with the approval of
CA.
3. Pre-qualification criteria: PQB has the Lay down criteria when two stage tendering
potential of getting misused or being applied is warranted. Also lay down model PQC
without considering the restrictive nature of criteria for diverse types of procurements.
competition. PQC should be relevant to the
101Chapter 5: Bid Invitation Process
Risk Mitigation
quality requirements, and neither be very
stringent nor very lax to restrict/facilitate the
entry of bidders. These criteria should be
clear, unambiguous, exhaustive, and yet
specific. Also, there should be fair
competition.
4. Invitation to tender (an open bid) is not Publicity and adequate time for bid
well publicised or gives insufficient time, submission must be ensured. Require a
thereby restricting the number of bidders that higher-level approval for short bid submission
participate. period.
5. Evaluation criteria are not set from the Objective, relevant and clearly stated
beginning or are not objective or not clearly evaluation criteria must be specified in the
stated in the tender documents, thereby tender document.
making them prone to being abused.
102Manual for Procurement of Non-Consultancy Services, 2025
Chapter 6: Forms of Securities, Prices, Payment Terms and
Price Variations
6.1. Forms of Security
6.1.1. Bid Security (Rule 170 of GFR 2017)
1. To safeguard against a bidder with drawing or altering its/ his bid during the bid validity
period in the case of advertised (OTE and GTE tenders) or special limited tender enquiry
Bid Security (also known as Earnest Money Deposit (EMD)) is to be obtained from the
bidders along with their bids.
2. The bidders should be asked to furnish bid security along with their bids58..Amount of bid
security should ordinarily range between two (2) to five (5) per cent of the estimated value
of the services to be procured. The amount of bid security, rounded off to the nearest
thousands of Rupees, as determined by the Procuring Entity, is to be indicated in the
tender documents. The procuring Entity may, if considered justified, stipulate an upper
ceiling on the bid security amount, in larger tenders, so as not to restrict competition.
3. Form of Security: The bid security may be obtained in the form of Insurance Surety
Bonds59,account payee demand draft, or banker's cheque or Bank Guarantee (including
e-Bank Guarantee)60 issued/ confirmed61 by any of the Scheduled Banks (as defined in
section 2(e) of the RBI Act 1934) or payment online in an acceptable form, safeguarding
the purchaser’s interest in all respects. In case the bid security is more than a threshold
(Rupees five lakh) and in case of foreign bidders in GTE tenders it may be in the form of
a bank guarantee (in equivalent Foreign Exchange amount and must conform to the
Uniform Rules for Demand Guarantees (URDG 758) – an international convention
regulating international securities62) issued/ confirmed by any of the scheduled bank in
India in an acceptable form. The bid security is normally to remain valid for a period of
45(forty-five) days beyond the final bid validity period.
4. In place of a Bid security, Procuring Entities after seeking approval of the competent
authority may consider asking Bidders to sign a Bid securing declaration (BSD), accepting
that if they withdraw or modify their Bids during the period of validity, or if they are awarded
the contract and they fail to submit a performance security, or to sign the contract, before
the deadline defined in the tender documents, they shall be suspended for the period of
time specified in the BSD from being eligible to submit Bids/Proposals for contracts with
the procuring entity.
5. In appropriate cases, Submission of the bid security may be exempted with the Competent
Authority’s (CA’s) approval, especially in the case of indigenisation/development tenders,
limited tenders, and procurements directly from the manufacturer or authorised agents,
bidders that are currently registered (firms should normally be registered for the particular
trade group (group of services) and monetary values, as decided by the procuring entity),
58Notified vide OM No F.20/2/2014-PPD(Pt.) issued by Department of Expenditure dated 25.07.2017.
59Notified vide OM No. F.1/1/2022-PPD issued by Department of Expenditure dated 02.02.2022.
60 Notified vide OM No. F.1/4/2022-PPD issued by Department of Expenditure dated 05.08.2022.
61 A bank guarantee merely advised by a scheduled bank is not acceptable, in lieu of being confirmed.
62 A set of rules developed by the International Chamber of Commerce first adopted in 1992. The latest version
URDG 758 provides a framework for harmonising international trading practices and establishes agreed-upon
rules for independent guarantees and counter-guarantees among trading partners for securing payment and
performance in worldwide commercial contracts.
103Chapter 6: Forms of Securities, Prices, Payment Terms and Price Variations
and will also continue to remain registered during the bid validity period with the concerned
Ministry/ Department/ Procuring Entity. Micro and Small Enterprises (MSEs) as defined in
MSE Procurement Policy issued by Department of Micro, Small and Medium Enterprises
(MSME) and registered Startups as recognized by Department for Promotion of Industry
and Internal Trade (DPIIT) (please refer to para 1.10.4) are exempt from payment of EMD.
In case the bidder falls in these categories, the bidder should furnish a certified copy of its
valid registration details.
6. A bidder’s bid security shall be forfeited if the bidder withdraws or amends its/his tender or
impairs or derogates from the tender in any respect within the period of validity of the
tender or if the successful bidder fails to furnish the required performance security, or to
sign the contract within the specified period.
7. Bid securities of the unsuccessful bidders should be returned to them at the earliest after
expiry of the final bid validity period and latest by the 30th day after the award of the
contract. Bid security should be refunded to the successful bidder on receipt of a
performance security. However, in case of two packet or two stage tendering, Bid
securities of unsuccessful bidders during first stage i.e., technical evaluation etc. should
be returned within 30 days of declaration of result of first stage i.e., technical evaluation
etc.63
6.1.2. Performance Security (Rule 171 of GFR 2017)
1. To ensure due performance of the contract, performance security (or Performance Bank
Guarantee (PBG) or Security Deposit (SD)) is to be obtained from the successful bidder
awarded the contract. Performance security should be for an amount of three (3) to five
(5) per cent (3 to 10% for Works) of the contract value, as specified in the tender
documents64. The procuring Entity may stipulate an upper ceiling for the Performance
Security amount, in larger tenders, so as not to restrict competition. For an illustrative
example, the ceiling can be Rs 75 Lakhs for tenders upto Rs 50 Crores and Rs 3 Crore for
tenders above Rs 50 Cr but below Rs 300 Cr. For tenders of higher value than this, the
Procuring Entity may decide the amount of Performance Security (but not less than Rs 3
Cr mentioned above). However, Procuring Entities are free to decide their own quantum
for performance security, or dispense with it, with the approval of Competent authority and
finance concurrence, based on their perception of performance risks vis-a vis need for
competition.
2. Form of Security: Performance security may be furnished in the form of an Insurance
Surety Bond65, account payee demand draft from a commercial bank, bank guarantee
(including e-bank guarantee66) issued/confirmed67 from any of the scheduled banks in
India, or online payment in an acceptable form, safeguarding the purchaser's interest.
3. In case of a JV, the BG towards performance security shall be provided by all partners in
proportion to their participation in the project. In the case of GTE tenders, the performance
security should be in the same currency as the contract and must conform to the Uniform
63Notified vide OM No. F.1/2/2022-PPD issued by Department of Expenditure dated 01.04.2022.
64
Notified vide OM No. F.1/2/2023-PPD issued by Department of Expenditure dated 01.01.2024.
65
Notified vide OM No. F.1/1/2022-PPD issued by Department of Expenditure dated 02.02.2022.
66
Notified vide OM No. F.1/4/2022-PPD issued by Department of Expenditure dated 05.08.2022.
67
A bank guarantee merely advised by a scheduled bank is not acceptable in lieu of being confirmed.
104Manual for Procurement of Non-Consultancy Services, 2025
Rules for Demand Guarantees (URDG 758) – an international convention regulating
international securities68.
4. Securities in the existing contracts in form of bank guarantee may be permitted by
Procuring Entity to be replaced by the contractors to Insurance Surety Bonds or e-Bank
Guarantee. Adequate safeguards such as such requiring prior submission of new forms of
security before releasing the original forms of security shall be ensured. (For further details
on Insurance Surety Bond and e-bank guarantee, please refer to para 6.1.3 and 6.1.4 of
Manual for Procurement of Goods, 2024)
5. Submission of Performance Security may not be insisted upon in lower valued contracts
(say upto Rupees 50 (Fifty) lakh).
6. Procuring Entity may exempt the following entities (on their specific requests or otherwise)
from submission of Performance Security:
a) 69 Govt. Ministries, Departments, Attached and Subordinate Offices, Autonomous
bodies,
b) OEM in whose favour PAC, in tenders issued against PAC.
7. Performance Security is to be furnished by a specified date (generally 14 (fourteen) to 28
(twenty-eight) days after notification of the award, depending on the amount) and it should
remain valid for a period of 60 (sixty, or any other period mentioned in the tender
Documents) days beyond the date of completion of all contractual obligations of the
contractor, including warranty obligations.
8. The performance security will be forfeited and credited to the procuring entity’s account in
the event of a breach of contract by the contractor. It should be refunded to the contractor
without interest, after he duly performs and completes the contract in all respects but not
later than 60(sixty) days of completion of all such obligations including the warranty under
the contract. Return of Bid/ Performance Securities should be monitored by the senior
officers and delays should be avoided. If feasible, the details of these securities may be
listed in the e-Procurement Portal/ website of the Procuring entity, to make the process
transparent and visible.
9. In the case of service contracts spanning over multiple number of the years, care needs
to be taken to decide on the amount of performance security being sought along with the
duration. It has been observed that procuring entities retain the performance security over
the complete service contract period which may be of 5-7 years or more. This practice puts
the service provider in a difficult situation as they have to block a substantial amount of
their working capital as security for the entire duration of the contract. In such cases the
following is suggested:
a) The right quantum of performance security has to strike a balance between protecting
the procuring entity's interest in case of default in performance vs. avoiding increase
in tendered price and /or reduced competition. If the security is low, the procuring entity
may be adversely affected if and when default occurs. If it is high, the extra financial
68
A set of rules developed by the International Chamber of Commerce first adopted in 1992. The latest version
URDG 758 provides a framework for harmonising international trading practices and establishes agreed-upon
rules for independent guarantees and counter-guarantees among trading partners for securing payment and
performance in worldwide commercial contracts.
69
There is no bar from taking Performance Security from CPSEs
105Chapter 6: Forms of Securities, Prices, Payment Terms and Price Variations
cost of furnishing such security will be factored in by bidders when quoting prices &
hence the cost may increase.
b) Sufficient flexibility is already available in the GFR to design the performance security
for procurement of services, both value and duration, duly considering the market
conditions and commercial practice for the particular kind of service.
c) Procuring entities may consider to proportionately keep reducing performance security
in proportion to the balance service period, wherever feasible. Wherever, it is decided
to take lower or proportionally reducing PS, tender conditions may be suitably modified
for the future cases.
6.1.3. Verification of Bank Guarantees
1. Bank guarantees submitted by the bidders/ suppliers/ service providers as EMD/
performance securities need to be immediately verified from the issuing bank before
acceptance. There may not be any need to get the Bank Guarantee vetted from legal/
finance authority if it is in the specified format. Guidelines for verification of BGs submitted
by the bidders/ contractors against EMD/ performance security/advance payments and for
various other purposes are as follows:
a) BG shall be as per the prescribed formats.
b) The BG contains the name, designation and code number of the Bank officer(s) signing
the guarantee(s);
c) The address and other details (including telephone no.) of the controlling officer of the
bank are obtained from the branch of the bank issuing the BG (this should be included
in all BGs);
d) The confirmation from the issuing branch of the bank is obtained in writing through
registered post/speed post/courier/ official email-id of the Bank/ SFMS on the official
portal of the procuring entity. The bank should be advised to confirm the issuance of
the BGs specifically quoting the letter of Procurement Entity on the printed official
letterhead of the bank indicating address and other details (including telephone nos.)
of the bank and the name, designation and code number of the officer(s) confirming
the issuance of the BG;
e) Pending receipt of confirmation as above, confirmation can also be obtained with the
help of responsible officer at the field office, which is close to the issuing branch of the
bank, who should personally obtain the confirmation from issuing branch of the bank
and forward the confirmation report to the concerned procurement entity.
2. Bank guarantees, either received in physical form or electronic form, should be verified for
its genuineness following prescribed method for the same and the Organisations should
do due diligence on genuineness of the Bank Guarantees before acceptance of the same.
3. Corporate Guarantee or Indemnity Bond shall not be accepted for Bid Security (EMD) or
performance Security, or in lieu of any other Bank Guarantee (e.g., for advance payment/
warranty obligations).
4. Please note the ease with which an e-bank guarantee can be verified. (For further details
on e-bank guarantee, please refer to para 6.1.4 of Manual for Procurement of Goods,
2024).
106Manual for Procurement of Non-Consultancy Services, 2025
6.1.4. Safe Custody and Monitoring of EMDs, Performance Securities and Other
Instruments
1. A suitable mechanism for safe custody and monitoring of EMDs and performance
securities and other instruments should be evolved and implemented by each Procuring
Entity. The Ministries/ Departments shall also make institutional arrangements for taking
all necessary actions on time for extension or forfeiture/ encashment or refund of EMDs
and performance securities, as the case may be.
2. Monitoring should also include a monthly review of all bank guarantees and other
instruments expiring in next three months, along with a review of the progress of the
corresponding contracts.
3. Extension of bank guarantees and other instruments, where warranted, should be sought
immediately and implemented within their validity period. Bank Guarantee should never
be handed over to the service provider for propose of extension of validity. Such a system
of monitoring of securities and other instruments may be computerised with automatic
alerts about lapse of validity etc.
6.2. Payment Clause
1. The elements of price included in the quotation of a bidder depend on the nature of the
services to be performed, terms of delivery, extant rules and regulations about taxes,
duties, and so on, of the seller's country and the buyer's country.
2. In case of Non consultancy services, the elements of price would depend on whether it is
an input or output admeasurement contract. In case of input admeasurements unit price
of each element, service charges and taxes thereon shall be the elements of price
schedule. There may be miscellaneous costs also other than inputs. In case of output
admeasurements unit price of services delivered and taxes thereon shall be the elements
of price schedule.
3. It is, therefore, necessary that, to enable the bidders to frame their quotations properly in
a meaningful manner, the tender documents should clearly specify the desired terms of
delivery, respective duties and responsibilities to be performed by the service provider and
the procuring entities.
4. Elements of Price: Where the price has several components, bidders should be asked to
furnish a cost break-up indicating the applicable prices and taxes for each of such
components along with the overall price. The payment schedule and terms will be linked
to this cost break-up; and
5. Currency: The tender documents are to specify the currency (currencies) in which the
tenders are to be priced. As a general rule, domestic bidders are to quote and accept their
payment in Indian currency; Indian agents of foreign service providers are to receive their
agency commission in Indian currency; costs of services, which are delivered from abroad
or by foreign nationals against the contract, may be quoted in foreign currency (currencies)
and paid accordingly in that currency; and the portion of the services, which are to be
undertaken in India are to be quoted and paid in Indian currency.
107Chapter 6: Forms of Securities, Prices, Payment Terms and Price Variations
6.3. Terms of Payment
1. In non-consultancy services contracts, the usual payment term is 100 (hundred) per cent
on acceptance of delivered services by the ultimate user and on production of all required
documents by the service provider.
2. Payment provisions, including amounts to be paid, schedule of payments, and payment
procedures, shall be indicated in Tender Document and also in the contract. Payments
may be made at regular intervals (as under time-based contracts) or for agreed outputs
(as under lump sum contracts).
3. Modes of Payment:
a) Procuring Entities should make payments through the Electronic Clearance System
(ECS), e.g., Real-Time Gross Settlement systems (RTGS), National Electronic Funds
Transfer (NEFT) or Electronic Payment Gateways. As per RBI guidelines, the ECS
mandate in RBI’s format may be obtained at the time-of-service providers’ registration
and in the tender document. The Format is available with all Banks.
b) However, if ECS payments are not feasible, payments may be made in exceptional
circumstances by cheque/demand draft drawn on a Government treasury or branch of
RBI or any Scheduled Bank authorised by RBI for transacting Government business.
c) Trade Receivables Discounting System (TReDS) is an electronic platform for
facilitating the financing / discounting of trade receivables of Micro, Small and Medium
Enterprises (MSMEs) through multiple financiers. These receivables can be due from
corporates and other buyers, including Government Departments and Public Sector
Undertakings (PSUs). Payments can also be made through this platform to MSE
suppliers/ service providers.
6.4. Advance Payment
(Rule 172(1) GFR 2017)
6.4.1. Conditions for Advance Payments
1. Conditions: As per Rule 172 (1) of General Financial Rules (GFR) 2017, ordinarily,
payments for services rendered or supplies made should be released only after the
services have been rendered or supplies made. However, in exceptional situations where
substantial funds are to be sunk by the contractor before payment becomes due,
considering the lower cost of funds for the Government entity as compared to the higher
cost of funds for the bidder, advance payment with safeguards (BG) may be considered.
So advance payments may be considered only in the following exceptional situations:
a) Advance payment demanded by firms holding maintenance contracts for servicing of
air-conditioners, computers, other costly equipment, etc.;
b) Advance payment demanded by firms against fabrication contracts, turn-key contracts,
or supply of complicated tailor-made goods and so on;
2. Quantum: The quantum of such advance payments should not exceed the quantum of
funds to be sunk by the contractor before payment becomes due in the contract. The
quantum of advance payments should not generally exceed the following limits:
a) Thirty per cent of the contract value to private firms;
b) Forty per cent of the contract value to a state or central Government agency or PSE;
c) In the case of the maintenance contract, the amount should not exceed the amount
payable for six months under the contract.
108Manual for Procurement of Non-Consultancy Services, 2025
d) In exceptional cases, the competent authority may relax the ceilings mentioned above
with prior concurrence of the Associated/Integrated Finance.
3. Interest-free: Since the provision of advance payment leverages the difference in interest
rate as argued in sub-para 1) above and considering the additional cost of Bank Guarantee
for advances for the bidder, interest-free advance payments may be considered with the
approval of competent authority and finance concurrence. Where an interest-free advance
is permitted, a clause in the tender enquiry and the contract may be stipulated that if the
contract is terminated due to default of the contractor, the advance payment would be
deemed as an interest-bearing advance at the interest rate (e.g., the interest rate of the
General Provident Fund – GPF) prevailing on the date of release of advance payment,
plus 2% to be compounded quarterly. In appropriate cases, the competent authority may
stipulate advance payments with suitable interest rates (e.g., the interest rate of the
General Provident Fund – GPF) to be recovered along with the instalments of recovery of
advance payment.
4. Instalments: The advance payment should not be made in less than two instalments, as
per the expected infusion of funds required in the contract, except in exceptional
circumstances for the reasons to be recorded. This will keep a check on contractor
misutilisation of full advance when the contract is delayed considerably.
5. Recovery: Advance payments, especially interest-free advances, should be recovered
(from either running bills or from the Performance/ Advance payment Bank Guarantees)
in instalments linked to milestones or specified periods, whichever is earlier. This would
ensure that even if the contractor is not executing the work or executing it at a slow pace,
recovery of advance could commence, and the scope for misuse of such advance could
be reduced.
6. Bank Guarantee: While making any advance payment as above, adequate safeguards in
the form of a bank guarantee (or e-Bank Guarantee of at least 110% of advance) should
be obtained from the firm. In case the advances are to be paid/ recovered in instalments,
an equal number of part BGs (with proportionate amount and validity) may be taken
instead of lumpsum BG, with each BG released after a related recovery is made. An
Indemnity Bond is not to be considered in place of a Bank Guarantee. However, no Bank
Guarantee should be insisted in case advance is being given to Central Ministry/
Department, there attached/ subordinate offices or the Autonomous Bodies attached with
them. The BG may also not be taken, wherever a contract has been placed on a CPSE on
nomination basis.
7. Milestone/ stage payments or part payments against proof of dispatch documents should
not be considered as advance payments for the purpose of this para, as these payments
are made after the sinking of funds by the contractor for achieving these milestones/ stage/
dispatches. These should be provisioned in the tender document/ contract, including Bank
Guarantee to be taken, if any, in case of milestone/ stage payments. (Rule 172(2) GFR
2017)
8. Provision of advance payment should be anticipated at the procurement planning stage.
The quantum of Advance payment and related conditions should be declared in the Tender
Documents, with the approval of competent authority and concurrence of associated/
integrated finance. If not so declared, the condition of advance payment for a particular bid
should not be agreed to.
9. The Government of India has recently approved a revamped Reform based and Results
Linked Power Sector scheme, in which installation of smart pre-paid meters will be done
109Chapter 6: Forms of Securities, Prices, Payment Terms and Price Variations
across the country. Advance payment towards electricity usage by Government office
through pre-paid metering is central to the envisaged reforms process. Government
Departments can make advance payments to authorized DISCOMS for pre-paid metered
electricity without insisting on any BGs. However, proper accounting of all the payments
must be made70.
6.4.2. Documents for Advance Payments
Documents, needed from the service provider for release of payment, are to be clearly
specified in the contract. The paying authority should also verify the documents received from
the service provider with corresponding stipulations made in the contract before releasing the
payment.
6.5. Firm Price, and Variable Price
1. Fixed price: Short-term contracts where the delivery period does not extend beyond 12
(twelve) months should normally be concluded with a firm and price fixed by inviting
tenders accordingly.
2. Variable Price:
a) In tenders with deliveries longer than 12 (twelve) months, a Price Variation Clause
(PVC) may be provided to protect the purchaser’s interests, particularly for high-value
(more than Rupees three crore) procurements. However, even for shorter deliveries or
lower value, the PVC may be stipulated for items with inputs (raw material, labour, etc.)
prone to short-term price volatility - especially for critical or high-value items/ services
– otherwise, there is a possibility of the contract failing or the purchaser having to pay
a higher price if market prices fall.
b) Where it is decided to conclude the contract with a variable price, an appropriate clause
incorporating, inter-alia, a suitable price variation formula (to take care of the changes
in the input cost of labour, material, and fuel/ power components) should be provided
in the tender documents, to calculate the price variation between the base level and
delivery date. It is best to proactively provide our own PVC formula and base dates of
indices, in the tender document to discourage different bidders quoting different
formulae and different base dates, which may lead to problems on bringing their prices
on a common comparable footing.
c) The variations are to be calculated periodically (usually quarterly) by using indices
published by Governments/ chambers of commerce/ London Metal Exchange/ any
other neutral and fair source of indices. Suitable weights are to be assigned to the
applicable elements, that is, fixed overheads and various applicable inputs e.g.,
material/ fuel/ labour (for which reliable indices are available), in the price variation
formula. If the performance of services needs more than one raw material, the input
cost of material may be further sub-divided for various categories of material, for which
cost indices are published.
d) Essential elements of PVC:
i) Base Date & Time Lag: The price agreed upon should specify the base date, that
is, the month and year to which the contract/ bid price is linked, to enable variations
to be calculated with reference to the price indices prevailing in that month and
year. This base date should be a few weeks/ months (the period is called time-lag)
70
Notified vide OM No.F.1/8/2021-PPD issued by Department of Expenditure dated 29.07.2021
110Manual for Procurement of Non-Consultancy Services, 2025
prior to the last date of submission of bids when the last published price indices
would be available. Time lag applies both for the base date and delivery date and
must be specified in the Tender Documents;
ii) Ignorable Variation: The price variation formula must also stipulate a minimum
percentage of variation of the contract price, only above which the price
variation will be admissible (for example, where the resultant increase is lower
than, say, two per cent of the contract price, no price adjustment will be made
in favour of the contractor);
iii) Inordinate Variation: In rare cases, prices may go up to such an extent that it
may render the contract unviable for either party, thus frustrating the contract.
Therefore, the price variation clause should provide for a ceiling (a percentage
per annum or an overall ceiling or both, say 20%/ 25% of the original price) on
price variations, beyond which the price variation would be capped at this level.
As soon as it comes to light that price variations are likely to go beyond this
ceiling, and if the Contractor is not agreeable to the price variation being capped
at that level, he may notify the Purchaser under ‘Frustration of Contract’
provisions in the Tender Document/ Clause, for short-closing the contract.
(Refer para 9.8.5). However, if the short closing is not in the interest of the
procuring entity, the competent authority, with the concurrence of associated/
integrated finance, may allow the continuation of the contract by relaxing/
removing the cap on the price variation.
iv) Where advance or stage payments are made, there should be a further
stipulation that no price variations will be admissible on such portions of the
price after the dates of such payment;
v) Where deliveries are accepted beyond the scheduled delivery date subject to
levy of liquidated damages as provided in the contract. The LD (if a percentage
of the price) will be recoverable on the price as varied by the operation of the
PVC;
vi) No upward price variation will be admissible beyond the originally scheduled
delivery date for defaults on the part of the contractor (e.g. when an extension
of the delivery date is with denial clause). However, the purchaser would avail
a downward price variation as per the denial clause in the letter of extension of
the delivery period;
vii) Price variation may be allowed beyond the originally scheduled delivery date in
case of refixation of delivery date (which is treated like original delivery period
– refer para 9.4.3-2 and 9.4.5) through an amendment to the contract in cases
of delays attributable to force majeure or defaults by the procuring entity;
viii) The clause should also contain the mode and terms of payment of the price
variation admissible.
ix) The buyer should ensure a provision in the contract for the benefit of any
reduction in the price in terms of the PVC being passed on to him.
x) An illustrative PVC clause is available in Annexure 10.
111Chapter 6: Forms of Securities, Prices, Payment Terms and Price Variations
6.6. Statutory Taxes/ Duties/ Levies
6.6.1. Goods and Services Tax (GST)
1. GST Registration Status and GSTIN (15-digit registration number):
a) All the bidders/ Bidders should ensure that they are GST compliant and that their
quoted tax structure/ rates are as per the GST Act/ Rules.
b) Bidder should be registered under GST and furnish their GSTIN number and GST
Registration Certificate in their offer unless they are specifically exempted from
registration under a specific notification/ circular/ section/ rule issued by statutory
authorities.
c) If the bidder has multiple business verticals in a state and has separate registrations
for each vertical, the GSTIN of each vertical concerned with the supply and service
involved, as per the scope of the Schedule of Requirements and Price Schedule shall
be quoted.
d) If the supply/ service is from multiple states, the bidder should mention GST
registration numbers for each state separately.
e) Composition scheme: If the Bidder has opted for a composition levy under Section
10 of CGST, he should declare the fact while bidding along with GSTIN and GST
registration certificate.
f) Exemption from Registration: If a bidder is not liable to take GST registration, i.e.,
having turnover below threshold, he shall submit undertaking/ indemnification against
tax liability. The bidder claiming exemption in this respect shall submit a valid certificate
from a practising Chartered Accountant (CA)/ Cost Accountant with the Unique
Document Identification Number (UDIN) to the effect that the bidder fulfils all conditions
prescribed in notification exempting him from registration. Such bidder/ dealer shall not
charge any GST and/ or GST Cess in the bill/ invoice. In such case, applicable GST
shall be deposited under Reverse Charge Mechanism (RCM) or otherwise as per GST
Act by the Procuring Entity directly to concerned authorities. Bidder should note that
his offer would be loaded with the payable GST under the RCM. Further, the bidder
should notify and submit to the Procuring Entity within 15 days of becoming liable for
registration under GST.
g) Bidders must also consider the benefits of input tax credit under the GST legislations,
as amended from time to time, on Input goods/Capital goods / Input Services while
quoting the prices.
h) In their bids, the bidders shall indicate the details of their GST Jurisdictional Assessing
Officers (Designation, address, email ID). In case of a contract award, the Purchaser
shall immediately forward a copy of the LOA/Purchase Order to the Jurisdictional
Assessing Officer mentioned in the bidder’s bid.
i) The Procuring Entity's state-wise GSTINs shall be indicated in Tender Documents.
2. HSN Code and GST Rate:
a) If provided in the Tender Document, the HSN (Harmonized System of Nomenclature)
code for the goods/ services is only indicative. The bidder shall be responsible for
ensuring that they quote the correct HSN Code and corresponding GST rate for the
services they offer.
b) As per the GST Act, the bid and contract must show the GST Tax Rates (and GST
Cess if applicable) and GST Amount explicitly and separately from the bid/ contract
price (exclusive of GST). So, if a Bidder asks for GST (and GST Cess if applicable) to
112Manual for Procurement of Non-Consultancy Services, 2025
be paid extra, the rate and nature of such applicable taxes should be shown separately.
Bidders should quote 'GST' if payable extra on the total basic rate of each cost element
and quote GST in ‘%' inclusive of cess.
c) If the price is stated to include GST, the bidder must declare the current GST rate (and
GST Cess, as applicable) included in the price.
d) If GST, other taxes, or duties are not specified, or the column is left blank in the price
schedule, it shall be presumed that no such tax/ levy is applicable or payable by the
Procuring Entity. No Statutory Variation in GST shall be paid in such a case.
3. Refund from Service Provider: Sometimes, the service provider, after claiming and
receiving reimbursements for GST, from the purchaser, applies to the concerned
authorities for refunds, on genuine grounds, of certain portions of such duties and taxes
paid by it and receives the allowable refunds. Such refunds contain the purchaser's share
also (out of the payments already made by the purchaser to that service provider). The
tender enquiry document and the contract are to contain suitable provisions for obtaining
such refunds from the service provider.
a) Alternatively, a certificate may be taken from the service provider that the service
provider has submitted the bill considering future refunds/ credits/ adjustments.
4. Statutory Duties/ Taxes/ Levies that are to be borne by the bidder:
Following Statutory Duties/ Taxes/ Levies are to be entirely borne by the bidder, including any
statutory variations thereon and the Procuring Entity would not be responsible for these:
a) Personal and Corporate Tax: Bidder shall bear all Personal/ Corporate taxes
imposed on owners/ company/ Joint Venture/Subcontractors or their employees.
b) Taxes on Sub-Contractors, Vendors: Bidder shall bear all taxes, including GST, as
may be imposed on Contractor or supply-chain (sub-Contractors, Vendors, etc.).
c) Duties/ Taxes on Raw Materials: The Procuring Entity is not liable for any claim from
the contractor on account of fresh imposition and/ or increase (including statutory
increase) of GST, customs duty, or other duties on raw materials and/ or components
used directly in performance of services during the pendency of the contract unless
such liability is expressly agreed to in terms of the contract.
6.6.2. Deduction of Income Tax, etc., from Payments
If applicable under relevant tax laws and rules, the Procuring Entity shall deduct from all
payments and deposit required taxes to respective authorities as per para 9.5.3-2) below.
6.6.3. Statutory Variation Clause:
Unless otherwise stated in the contract, statutory variation in applicable GST rate, only during
the period from the date of submission of the tender to the date of acceptance of the tender
(that is, placement of the contract) and during the original/ re-fixed delivery period of the
contract shall be borne by the Procuring Entity. The benefit of any reduction in the GST rate
must be passed on to the Procuring Entity during the original and extended delivery period.
However, GST rate amendments shall be considered for the quoted HSN code only, against
documentary evidence, provided such an increase in GST rates is after the tender submission
date. However, the Statutory Variation shall not be applicable for any misquotation of the HSN
number or incorrect GST rate by the bidder.
(Note: Re-fixed delivery period means the fresh delivery period, which is
arrived at by recasting the original contractual delivery period after taking
113Chapter 6: Forms of Securities, Prices, Payment Terms and Price Variations
care of the lost period, for which the service provider was not responsible.
Refer para 9.4.3-2)
6.7. Recovery of Public Money from Service Provider’s Bill
Sometimes, requests are received from a different Ministry/ Department for withholding some
payment of a service provider out of the payment or Securities due to it against a contract.
Such requests are to be examined by the Procuring Entity (which has received the request)
on the merits of the case for further action. It will, however, be the responsibility of the
Ministry/Department asking for withholding of payment to defend the Government against any
legal procedure arising out of such withholding as also for payment of any interest thereof.
6.8. Payment against Time Barred Claims
Ordinarily, all claims against the Government are time barred after a period of three years
calculated from the date when the payment falls due unless the payment claim has been under
correspondence. However, the limitation is saved if there is an admission of liability to pay,
and fresh period of limitation starts from the time such admission is made. The drill to be
followed while dealing with time barred claims will be decided by the Procuring Entity
concerned in consultation with the paying authority. The paying authority is to ensure that no
payment against such time barred claim is made till a decision has been taken in this regard
by the CA.
114Manual for Procurement of Non-Consultancy Services, 2025
Chapter 7: Bid Evaluation and Award of Contract
7.1. Bid Evaluation Process
7.1.1. Importance of Evaluation of Bids
The evaluation of tenders is one of the most significant areas of purchase management and
the process must be transparent. All tenders are to be evaluated strictly based on the terms
and conditions incorporated in the tender document and those stipulated by the bidders in
their tenders. All tenders are to be evaluated strictly based on the terms and conditions
incorporated in the tender document and those stipulated by the bidders in their tenders. The
Contracting Authority may include in the evaluation criteria in the Tender Document, quality,
price, technical merit, aesthetic and functional characteristics, environmental characteristics,
running costs, cost- effectiveness, after-sales service and technical assistance, delivery date
and delivery period or period of completion etc. No hearsay information or hitherto undeclared
condition should be brought in while evaluating the tenders. Care should be taken that no
tender enquiry condition (especially the significant/essential ones) should be overlooked/
relaxed while evaluating the tenders. The aim should be to ensure that no bidder gets undue
advantage at the cost of other bidders and/or at the cost of Procuring Entity.
7.1.2. Evaluation in Different Tendering Systems
1. In case of single stage single envelop tendering, the evaluation of eligibility/ qualification
of bidders, technical, commercial, and financial aspect is done simultaneously. The lowest
priced bid that meets the eligibility/ qualification criteria, technical and commercial
conditions laid down in the tender documents is declared as successful.
2. In single stage two envelops, initially only the techno-commercial bids would be opened
and evaluated for bids which successfully meet the eligibility/ qualification criteria and
techno-commercial aspects. Financial bids of such successful bidders only would be
opened. TC shall evaluate financial bids with a view to select the lowest (L1) bidder who
meets the eligibility/ qualification criteria and techno-commercial aspects. Evaluators of
technical proposals shall not have access to the financial proposals until the technical
evaluation is concluded. It is of utmost importance that the authenticity, integrity, and
sanctity of unopened Financial Bids must be ensured before their opening. All the financial
bids may preferably be put in a large envelop, which may be dated, sealed, and signed
(including by some of the bidders present), to show that none of the bids were accessed
during the custody.
3. In two stage bids, the PQB/ EoI stage would have already been evaluated as detailed in
Chapter 8 and this second stage is for evaluation of responses to the second stage two
envelops from the shortlisted qualified bidders, following procedure described in sub-para
2) above.
7.1.3. Preparation and Vetting of Comparative Statement
Except in cases upto Rs 50 Lakh (Rupees Fifty Lakh) the Procuring Entity should prepare a
comparative statement of quotations (Technical and Financial) received in the order in which
tenders were opened. In case of Techno-Commercial bid comparative statement will have
information about deciding responsiveness and eligibility of bids and evaluation of Technical
suitability of offers. In case of Financial bid, it would have information about rates quoted
(including taxes or otherwise), discount, if any, and any other information having implications
on ranking of bids etc. The comparative statement so prepared should be signed by the
115Chapter 7: Bid Evaluation, and Award of Contract
concerned officers. It may also be vetted by the associated/ integrated Finance for veracity of
information, however in case the comparative statement is prepared by the eProcurement
portal, vetting by associated/ integrated Finance is not required.
7.1.4. The Stages of Evaluation
The evaluation of the proposals shall be carried out in two stages: at the first stage evaluation
of responsiveness and technical proposals is taken up. Evaluators of technical proposals shall
not have access to the financial proposals until the technical evaluation is concluded as the
envelope containing the financial proposal is not opened till the technical evaluation is
complete. The financial proposal of only such bidders will be opened which obtain minimum
qualifying marks/standards prescribed for the technical proposal. The evaluation shall be
carried out in full conformity with the provisions of the RfP.
7.1.5. Contacting Procuring Entity during the evaluation:
From the time of bid submission to awarding the contract, no Bidder shall contact the Procuring
Entity on any matter relating to the submitted bid. If a Bidder needs to contact the Procuring
Entity for any reason relating to this tender and/ or its bid, it should do so only in writing or
electronically. Any effort by a Bidder to influence the Procuring Entity during the processing of
bids, evaluation, bid comparison or award decisions shall be construed as a violation of the
Code of Integrity, and bid shall be liable to be rejected as nonresponsive in addition to other
punitive actions for violation of Code of Integrity as per the Tender Document.
7.2. Composition and Role of Tender Committee (TC)
7.2.1. Composition of Tender Committee
1. There are delegations upto a threshold value (called direct acceptance threshold –
normally LTE threshold of Rs 50 Lakhs) below which the evaluation of the Bids may be
entrusted solely and directly to the individual competent authority, without the involvement
of a Tender committee or any evaluation report. He would carry out all the steps in the
evaluation described in this chapter, instead of the TC and directly record reasons and
decisions in the file itself (or online, where such systems exist). He may ask for a Technical
Suitability report from user departments if needed.
2. In procurements (including nomination mode or by special limited tender mode) above
such a threshold, evaluation of bids is to be done by a Tender Committee (TC or called
Tender Evaluation Committee TEC in some organisations). TC should normally comprise
three members including a finance member (nominated by the Financial Advisor) and a
representative of the user, shall be constituted as per SoPP.
3. As per Rule 173 (xxii) of GFR 2017 no member of the tender committee (or the accepting
authority) should be reporting directly to any other member of such committee in case
estimated value of the procurement exceeds Rs. 50 lakhs. The Tender Committee to
consider bids may be so constituted that an authority holding powers for recommending
the bids by virtue of his position as a member of the Tender Committee shall not also be
the accepting authority for such tenders.
4. The representative of the Procuring Entity will work as a convenor (Member Secretary) of
the TC. The TC should not be very large as it may slow down the evaluation process.
However, suitable domain/technical experts from the user department (or otherwise) may
be included in the committee to render assistance in evaluation of the bids. There is no
116Manual for Procurement of Non-Consultancy Services, 2025
need to constitute any other committee for technical evaluation, preliminary evaluation,
etc.
5. Tender committees may be constituted with the approval of one level higher than the
competent authority. It is advantageous for organisations doing procurements regularly to
have pre-nominated (by designation) Tender committees and lay down their powers,
jurisdiction, composition and corresponding Competent Authority for various categories of
procurement and different threshold values of procurements. Procuring Entity should lay
down a Schedule of Procurement Powers (SoPP) detailing such thresholds. It can also lay
down the powers, jurisdiction, and composition of various levels of Tender Committee and
corresponding Competent Authority for various categories of procurement and different
threshold values of procurements. A suggested format for SoPP is at Annexure 2,
however, the exact values of thresholds may have to be decided by the Procuring Entity
in conformity with DFPR (Annexure 1).
7.2.2. Role of Tender Committee
1. Member secretary of the Tender Committee (or competent authority, in direct
acceptance cases) shall receive the bids opened along with other documents from the tender
opening officials and are responsible for safe-custody of the documents and for processing
involved at all steps in finalising the Procurement.
2. The TC shall be responsible for all aspects and stages of the evaluation of technical
and financial proposals, negotiations, and final award of contract. There is no need to
constitute any other committee for technical evaluation, preliminary evaluation, etc.
3. TC duties are to be discharged personally by the nominated officers. They may take
help of their subordinate officers by way of reports/ evaluations, but they would still be
answerable for such decisions. TC members cannot co-opt or nominate others to attend
deliberations on their behalf. TC deliberations are best held across the table and not through
circulation of notes.
4. After the proposals have been opened, the evaluation process can begin. Before
starting the evaluation, the TC members should ensure that they
a) have no conflict of interest as defined in the tender document;
b) understand the evaluation criteria;
c) have been provided with evaluation worksheets; and
d) Agree on how to evaluate the proposals.
5. Competent Authority (authority competent to approve the procurement of that value as
per the SoPP)’s written approval must be taken at various stages of procurement, before
proceeding ahead e.g.:
a) Administrative/ financial sanctions/ Issue of tender
b) Approval of Techno commercial evaluation and Opening of price bids in case of two
packet system
c) Price Negotiations if permitted under specified circumstances.
d) Approval of Financial Evaluation and Award of contract to the selected bidder(s)
e) Cancellation of Procurement and Re-tendering
f) In some special cases during Contract execution e.g. - exercise of the option clause
or any variation beyond the laid down %age; forfeiture/ release of performance
securities; premature termination/ foreclosure of Contract etc.
6. Wherever such competent authority is a Minister of the Central Government (or Board of
Director in a CPSE), obtaining approvals at so many stages, may delay the process and
117Chapter 7: Bid Evaluation, and Award of Contract
un-necessarily overburden the onerous tasks of such authorities. Therefore, in such cases
their approval may only be taken at the stage of “Approval of Financial Evaluation and
Award of contract”. At other stages approval may be taken from the officer to whom such
powers are delegated by the Minister (or Board of Director, in case of CPSE).
7.2.3. Handling Dissent among Tender Committee
1. All members of the TC should resolve their differences through personal discussions
instead of making to and fro references in writing. In cases where it is not possible to come
to a consensus and differences persist amongst TC members, the reasons for dissent of
a member should be recorded in a balanced manner along with the majority’s views on
the dissent note. The final recommendations should be that of the majority view. However,
such situations should be rare. The Competent Authority (CA) can overrule such dissent
notes after recording reasons for doing so clearly. His decision would be final.
2. In cases where the CA does not agree with the majority or unanimous recommendations
of the TC, he should record his views and, if possible, firstly send it back to TC to
reconsider along the lines of the tender accepting authority’s views. However, if the TC,
after considering the views of the CA, sticks to its own earlier recommendations, the CA
can finally decide as deemed fit, duly recording detailed reasons. He will be responsible
for such decisions. However, such situations should be rare.
7.2.4. Independence, Impartiality, Confidentiality and ‘No Conflict of Interest’ at
all Stages of Evaluation of Bids
1. Members of the TC should not have any conflict of interest and should not directly
engage in any communication with bidders from the date of their appointment to the date on
which the contract is awarded.
2. Information relating to the evaluation of bids and the Tender Committee’s (TC’s)
deliberations should be confidential and not be shared with persons not officially connected
with the process until the award of the contract is notified to the successful firm, except that
after technical evaluation, the list of successful bidders may be published, as required in the
Tender document. Under no circumstances should the tender file or confidential information
contained therein be provided for scrutiny or for decision to any person/ office who is not
involved in decision-making.
3. All technical, commercial and finance officials who have contributed to the techno-
commercial or financial evaluation of bids, even though they may not be part of the TC should
deal with the procurement in an independent, impartial manner and should have no conflict of
interest with any of the bidder involved in the procurement. They should also maintain
confidentiality of the information processed during the evaluation process and not allow it to
reach any unauthorised person. They should sign a declaration at the end of their
reports/notings stating that, “I declare that I have no conflict of interest with any of the bidder
in this tender.” TC members may also make such a declaration at the end of their reports.
4. During the processing of the tender, all references/grievances/ complaints/ directives/
request for information from any sources including higher level officials/ authorities within the
Ministry or from outside may be forwarded to the TC/Convener of TC for its examination on
merits and action as considered necessary, maintaining independence, impartiality,
confidentiality and ‘No Conflict of Interest.’ An interim reply may be provided that the Tender
is still under consideration and that final response would be given after the declaration of the
award of contract.
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7.2.5. Timely Processing of Tenders:
1. Delays in finalising procurement deprive the public of the intended benefits and results
in lost revenues and cost over-run. To enable timely decision making, complete Time schedule
of finalising the Tender process from the date of issuing the tender to date of issuing the
contract, should be published in the Tender Documents. Every official in the chain of the
procurement operation is accountable for acting in a specified time so that the tender is
finalised on time. Any deviation from the schedule may be monitored and explained, by way
of system of Management Reporting. As a check, the proposed schedule of tender process
may be printed on the inside cover of the Procurement File, where actual date of completion
of various stages may be recorded. The suggestive time schedule in Table 2 is a guideline for
finalising contracts against various modes of procurements.
Table 2. Indicative time schedule
Mode of Procurement Indigenous Imported
1 Open tender/ (e-tendering) 45 days 60 days
Procurement through registered vendors/
2 30 days 45 days
(Special) limited tenders
3 Proprietary basis/nomination basis 21days 30 days
2. This time schedule is only indicative, and the schedule shall be subject to change
based on the nature of requirements, sourcing, sample evaluation, site visit/pre-bid meeting
with prospective bidders and Government, guidelines, and so on.
7.2.6. Extension of Bid Validity Period
1. The entire process of scrutiny and evaluation of tenders, preparation of ranking
statement and notification of award must be done expeditiously and within the original bid
validity period (Rule 174 (iii) of GFR 2017).
2. If, however, due to some exceptional and unforeseen reasons, the purchase
organisation is unable to decide on the placement of the contract within the original validity
period, it may request, preferably before expiry of the original validity period, all the responsive
bidders to extend validity of their bids up to a suitable period. They may also be requested to
extend the validity of the Bid Security for the corresponding additional period. But the bidders,
who agree to extend the validity, are to do so without changing any terms, conditions, and so
on, of their original tenders. Reasons for seeking extension of bid validity should be recorded
by the procuring officers at the time of taking such decisions. A bidder may not agree to such
a request, and this will not entail forfeiture of its Bid Security.
3. In case such a refusal by bidder(s) to extend validity (hereinafter called not-extended
bids) or withdrawal of offer within validity as per para 5.2.6 (hereinafter referred as withdrawn
bids), happens:
a) before completion of the Techno-commercial evaluation, then the Techno-commercial
evaluation (including the not-extended and withdrawn bids) shall be completed. If a
not-extended or withdrawn bid qualifies in techno-commercial evaluation, financial
bid(s) of such bidders shall also be opened, and action shall be taken as per sub-para
below.
119Chapter 7: Bid Evaluation, and Award of Contract
b) after the techno-commercial evaluation but before the completion of the financial bid
evaluation, then the financial bid evaluation (including not-extended and withdrawn
bids) shall be completed.
i) If a not-extended or withdrawn bid happens to be the L1 bidder (lowest
acceptable bidder, who is techno-commercially qualified for the supply of a bulk
quantity and would have been awarded a contract, but for his refusal to extend
validity or withdrawal of bid within validity), the tender must be re-tendered.
ii) Since this may take some time, Procuring Entity may cover their immediate
short-term needs through an appropriate mode of procurement.
iii) However, such L1 price of the not-extended or withdrawn bids shall not be
taken as precedence for determining price estimates or reasonableness.
iv) In certain cases, there may be multiple L-1 bidders, for example, in manpower
hiring tenders that are evaluated on the basis of the minimum service charge.
In such cases, where a withdrawn bid also happens to be L-1, re-tendering may
not be necessary. The procuring entity may continue with tender finalization,
proceeding with the remaining L-1 bids.
c) In case of QCBS system of evaluation, the proposal obtaining the highest total
combined score in evaluation of quality and cost is identified which is ranked as H-1
(please refer to para 7.4.4 for the QCBS evaluation methodology). If a not-extended or
withdrawn bid happens to be the H-1 bidder, the tender must be re-tendered
7.2.7. Consideration of Lack of Competition in OTE/ GTE and LTE (Rule 173 (xx),
and (xxi) of GFR 2017):
1. The number of bids received, which can indicate adequate competition, depends on the
parameters of procurement (value, specification, mode of procurement, tendering system,
etc.) and the market situation. This has to be judged by the Tender Committee. However,
less than three independent bids (without suspicion of the cartel) may indicate a lack of
competition. TC must record a paragraph in its report about the adequacy or otherwise of
competition in the tender.
2. Sometimes, against advertised/limited tender cases, the procuring entity may not receive
enough bids and/or after analysing the bids, ends up with only one responsive bid – a
situation referred to as ‘Single Offer.’ As per Rule 173(xxi) of GFR, 2017, such situation of
‘Single Offer’ is to be treated as Single Tender. It has become a practice among some
procuring entities to routinely assume that open tenders which result in single bids are not
acceptable, and to go for re-tender as a ‘safe’ course of action. This is not correct. Re-
tendering has costs: firstly, the actual costs of retendering; secondly, the delay in execution
of the work with consequent delay in the attainment of the purpose for which the
procurement is being done; and thirdly, the possibility that the re-bid may result in a higher
bid71. Even when only one Bid is submitted, the contract can be placed provided following
conditions are satisfied:
a) The procurement was satisfactorily advertised, and sufficient time was given for
submission of bids.
b) The qualification criteria were not unduly restrictive; and
c) Prices are reasonable in comparison to market values.
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120Manual for Procurement of Non-Consultancy Services, 2025
3. However, as far as delegation/schedule of procurement powers (SoPP, refer Annexure 2)
is concerned, competent authority would be as in Single tender mode. In case of price not
being reasonable, negotiations (being L1) or retender may be considered as justifiable.
4. Unsolicited offers against LTEs should be ignored; however, Ministries/Departments
should evolve a system by which interested firms can register and bid in next round of
tendering. However, under the following exceptional circumstances, these may be
considered for acceptance at the next higher level of competency:
a) Inadequate competition
b) Non-availability of suitable quotations from registered contractors
c) Urgent demand and capacity/ capability of the firm offering the unsolicited being
known, etc.
7.2.8. Tender Committee Recommendations/Report
1. The TC must make formal recommendations (Annexure 6) for the award of the contract to
the bidder whose bid has been determined to be substantially responsive and the lowest
evaluated bid, provided further that the bidder is determined to be qualified to perform the
contract satisfactorily and his credentials have been verified.
2. It is a good practice for TC to spell out salient terms and conditions of the offer(s)
recommended for acceptance. The TC should also ensure that any deviation/variation
quoted by the service provider in his bid is not left undiscussed and ruled upon in the
recommendations; otherwise, the service provider may delay acceptance of the contract.
These recommendations are submitted for approval to the tender accepting authority.
3. Since a nominee of Financial Adviser of the Department is usually a member of the Tender
Committee, there is no need for the CA to consult the FA of the Department before
accepting the TC recommendations. In any purchase decision, the responsibility of the CA
is not discharged merely by selecting the cheapest offer or accepting TC recommendations
but by ensuring whether:
a) Offers have been invited in accordance with this manual and after following fair and
reasonable procedures in prevailing circumstances;
b) He is satisfied that the selected offer will adequately meet the requirement for which it
is being procured;
c) The price of the offer is reasonable and consistent with the quality required; and
d) The accepted offer is the most appropriate taking all relevant factors into account in
keeping with the standards of financial propriety.
4. After the acceptance of these recommendations by the tender accepting authority, the
Letter (Notification) of Award (LoA) can be issued.
7.3. Preliminary and Techno-commercial Evaluation
(Rule 189 of GFR 2017)
7.3.1. Preliminary Examination of Bids - Evaluation of responsiveness of Bids
1. A substantively responsive bid is complete and conforms to the Tender Document's
essential terms, conditions, and requirements without substantive deviation, reservation,
or omission. Only substantively responsive bids shall be considered for further evaluation.
Other bids shall be treated as unresponsive and ignored. All bids received shall first be
scrutinised to identify unresponsive bids, if any. Some important points based on which a
bid may be declared as unresponsive and be ignored during the evaluation are:
121Chapter 7: Bid Evaluation, and Award of Contract
a) The bid is not in the prescribed format or is unsigned or not signed as per the
stipulations in the tender document;
b) The required EMD has not been provided or exemption from EMD is claimed without
acceptable proof of exemption;
c) The bidder is not eligible to participate in the bid as per the eligibility criteria that have
been laid down (including conflict of interest and other provisions of CIPP). In case
procurement is on a limited tender basis or where procurement is restricted to pre-
approved vendors, it should be especially ensured that there is no conflict of interest;
d) The bid departs from the essential requirements specified in the tender document (for
example, the bidder has not agreed to give the required performance security); or
e) Against a schedule in the list of requirements in the tender enquiry, the bidder has not
quoted for the entire requirement as specified in that schedule (example: in a schedule,
it has been stipulated that the bidder will supply the equipment, install, and commission
it and also train the purchaser's operators for operating the equipment. The bidder has,
however, quoted only for supply of the equipment).
f) Bidder has quoted conditional bids or more than one bid or alternative bids unless
permitted explicitly in the Tender Document.
g) The bid validity is shorter than the required period. However, in case of STE
procurement, shorter bid validity may be accepted.
h) Non-submission or submission of illegible scanned copies of stipulated documents/
declarations.
i) The bid has unresolved substantive deviations (please refer to sub-para 4-b below).
2. Non-conformities between Figures and Words: Sometimes, non-conformities/errors
are also observed in responsive tenders between the quoted prices in figures and in words.
This situation normally does not arise in case of e-Procurement. This should be taken care
of in the manner indicated below:
a) If, in the price structure quoted for the required services, there is discrepancy between
the unit price and total price (which is obtained by multiplying the unit price by the
quantity), the unit price shall prevail and the total price corrected accordingly;
b) If there is an error in a total corresponding to the addition or subtraction of sub-totals,
the sub-totals shall prevail, and the total shall be corrected; and
c) If there is a discrepancy between words and figures, the amount in words shall prevail.
d) Such a discrepancy in an offer should be conveyed to the bidder asking him to respond
by a target date and if the bidder does not agree to Procuring Entity’s observation, the
tender is liable to be rejected.
3. Discrepancies between Original and Additional/ Scanned Copies of a Tender:
Normally, as far as feasible, no submission of original documents in physical format (other
than Cost of Tender Documents, if any, (refer Para 5.2.1 Availability and Cost of Tender
Documents), Bid Security and statutory certificates if any, should be asked for in e-
Procurement. In e-Procurement there could be discrepancies between the uploaded
scanned copies and the Originals submitted by the bidder. In offline tenders, discrepancies
may be observed in responsive tenders between the original copy and other copies of the
same tender set. If discrepancies exist between the uploaded scanned or other copies and
the originals submitted by the bidder, the original copy's text, etc., shall prevail. Here also,
this issue is to be taken up with the bidder in the same manner as above and subsequent
actions taken accordingly. Any substantive discrepancy shall be construed as a violation
of the Code of Integrity, and the bid shall be liable to be rejected as nonresponsive in
122Manual for Procurement of Non-Consultancy Services, 2025
addition to other punitive actions under the Tender Document for violation of the Code of
Conduct.
4. Deviations/ Reservations / Omissions - Substantive or Minor:
a) During the evaluation of Bids, the following definitions apply:
i) “Deviation” is a departure from the requirements specified in the Tender
Document;
ii) “Reservation” is the setting of limiting conditions or withholding from complete
acceptance of the requirements specified in the Tender Document; and
iii) “Omission” is the failure to submit part, or all the information or documentation
required in the Tender Document.
b) Substantive Deviations: A deviation/ reservation/ omission from the requirements of
the Tender Document shall be considered as a substantive deviation as per the
following norm, and the rest shall be considered as Minor deviation:
i) which affects in any substantive way the scope, quality, or performance of the
product;
ii) which limits in any substantive way, inconsistent with the Tender Document, the
Procuring Entity's rights, or the Bidder's obligations under the contract; or
iii) Whose rectification would unfairly affect the competitive position of other
Bidders presenting substantively responsive Bids.
c) The decision of the Procuring Entity shall be final in this regard. Bids with substantive
deviations shall be rejected as nonresponsive.
d) Variations and deviations and other offered benefits (techno-commercial or financial)
above the scope/ quantum of the services specified in the Tender Document shall not
influence evaluation Bids. If the bid is otherwise successful, such benefits shall be
availed by the Procuring Entity, and these would become part of the contract.
e) During the preliminary examination, some minor infirmity and/or irregularity and/or non-
conformity may also be found in some bids. Such minor issues could be a missing
pages/ attachment or illegibility in a submitted document; non-submission of requisite
number of copies of a document.
f) Considering Minor Deviations: There have also been cases where the bidder
submitted the amendment Bank Guarantee but omitted to submit the main portion of
the document. The court ruled that this was a minor irregularity. The court has
consistently taken the view that the procuring entity is entitled to consider and allow
minor deviations that do not amount to substantive deviations. The Procuring Entity
reserves the right to accept bids with such minor issues provided they do not constitute
any substantive deviation, do not have a fiscal impact, do not prejudice or affect the
ranking order of the bidders and do not grant the bidder any undue advantage vis-à-
vis other bidders and the Procuring Entity. Wherever necessary, the Procuring Entity
shall convey its observation on such ‘minor’ issues to Bidder as per para 7.3.2 below.
If the Bidder does not reply by the specified date or gives an evasive reply without
clarifying the point at issue in clear terms, that bid shall be liable to be rejected as
nonresponsive.
123Chapter 7: Bid Evaluation, and Award of Contract
7.3.2. Clarification of Bids/Shortfall Documents:
1. During the evaluation and comparison of bids, the purchaser may, at his discretion, ask
the bidder for clarifications on the bid, in a consolidated manner, ordinarily not more than
once. The request for clarification shall be given in writing by registered/ speed post/
courier/ email/ eProcurement portal (CPPP/ GeM), asking the bidder to respond by a
specified date, mentioning therein that if the bidder does not comply or respond by the
date, his tender will be liable to be rejected. Depending on the outcome, such bids are to
be ignored or considered further. No change in prices or substance of the bid, which may
grant any undue advantage to such bidder, shall be sought, offered, or permitted. No post-
bid clarification at the initiative of the bidder shall be entertained.
2. The Procuring Entity reserves its right to, but without any obligation to do so, seek any
shortfall information/ documents only in case of historical documents that pre-existed at
the time of the Bid Opening, and which have not undergone change since then. Provision
may be made by e-Procurement portals to allow shortfall documents to be asked for
(specifying a target date for submission, as in sub-para above) and taken from any bidders
after the technical bid opening. (Example: if the Permanent Account Number, registration
with GST has been asked to be submitted and the bidder has not provided them, these
documents may be asked for with a target date as above). As far as the submission of
documents is concerned regarding qualification criteria, after submission of the bid, only
related shortfall documents should be asked for and considered. For example, if the bidder
has submitted a supply order without its completion/performance certificate, the certificate
can be asked for and considered. However, no new supply order should be asked for to
qualify the bidder.
3. Ministries/ Departments/ CPSUs with a significant volume of procurement may develop a
data-base of QR data of different bidders to minimize the time taken to ascertain QR
compliance. Bidders may also be given viewing rights for its own data. In such case, over
and above the documents submitted by the bidder in its bid, the above data-base may also
be considered irrespective of the fact whether or not such data/details have been declared
by the bidder in its bid.
7.3.3. Evaluation of eligibility:
Procuring Entity shall determine, to its satisfaction, whether the Bidders are eligible as per the
eligibility criteria in the Tender Document to participate in the Tender Process. Tenders that
do not meet the required eligibility criteria prescribed shall be rejected as unresponsive.
7.3.4. Evaluation of the Techno-commercial Bids
1. Only substantively responsive bids shall be evaluated for further evaluation.
2. Evaluation of Qualification Criteria:
a) Bids with substantive techno-commercial deviations shall be rejected as
nonresponsive. Procuring entity reserves its right to consider and allow minor
deviations in technical and Commercial Conditions (refer para 7.3.1-4-f).
b) In evaluating the techno-commercial bid, conformity to the eligibility/ qualification
criteria (subject to dispensation if any, for Start-ups, as per sub-para c) below, technical
specifications, and Quality Assurance; and commercial conditions of the offered
Services to those in the Tender Document is ascertained. Additional factors
incorporated in the Tender Document shall also be considered in the manner indicated
therein. Any criteria not specified in the tender shall not be used for evaluation or
124Manual for Procurement of Non-Consultancy Services, 2025
qualification. This determination shall, inter-alia, consider the Bidder’s Experience/
Past Performance, Performance and Financial Capabilities; for satisfying all
requirements incorporated in the Tender Document. The determination shall not
consider the qualifications of other firms such as the Bidder’s subsidiaries, parent
entities, affiliates, subcontractors (other than specialized subcontractors if permitted in
the bidding document), or any other firm(s) different from the Bidder.
c) As per para 1.10.1-4-b), 1.10.4-2-b) and 5.1.9-5, the condition of prior turnover and
prior experience may be relaxed72 for Startups (only to startups recognized by the
Department of Industry & Internal Trade (DPIIT)) subject to meeting quality & technical
specifications and making suitable provisions in the tender document (Rule 173 (i) of
GFR 2017). Startups may be MSEs or otherwise. Such relaxation can be provided in
the case of procurement of works as well. It is further clarified that such relaxation is
not optional but has to be ensured, except in case of procurement of items related to
public safety, health, critical security operations and equipment, etc) where adequate
justification exists for the Procuring Entity not to relax such criteria.
d) The Techno-commercial evaluation establishes whether a proposal passes the
minimum qualifying mark (or technical score) provided for in the Tender Document.
The Procuring Entity should be prepared to debrief bidders to explain the evaluation of
their proposals.
e) For details of the qualification criteria please refer to the MTD for Non-consultancy
Services.
3. Evaluation of Conformity to Performance Standards and Quality Assurance: The
Procuring Entity shall examine the Performance Standards and Quality Assurance;
Methods Statement, Work Plan, and Inputs Deployment Plans (Manpower, Machinery and
Materials) to ensure conformity to performance standards and quality assurance.
4. Evaluation of Conformity to Commercial and Other Clauses: Bidder must comply with
all the Commercial and other clauses of the Tender Document. The Procuring Entity shall
also evaluate the commercial conditions quoted by Bidder to confirm that all terms and
conditions stipulated in the Tender Document have been accepted without substantive
omissions/ reservations/ exception/ deviation by the Bidder. Deviations from or objections
or reservations to critical provisions identified in the Tender Documents will be deemed to
be a material deviation. If critical provisions are not explicitly stated in the Tender
document, then these shall be taken to be Governing laws and Jurisdiction, Contractor’s
Obligations and Restrictions of its Rights, Performance Bond/ Security, Force Majeure,
Taxes & Duties, and Code of Integrity). Only minor deviations may be accepted/allowed,
provided these do not constitute substantive deviations as per para 7.3.1-4-f) above.
5. Technical Evaluation Report and Declaration of Results:
a) In a single envelope/cover tender, TC proceeds to evaluate the price aspects without
a reference to CA at this stage. However, in case of a two envelop tender, the TC
prepares a technical evaluation report of the "quality" of the proposals recording the
scores given to each criterion and sub-criterion, as well as explain the decisions and
take the competent authority's (CA) approval. For each proposal, the report also should
substantiate the results of the evaluation and indicate technical weaknesses or
deviations from the terms set out in the Tender Documents and comment on their
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125Chapter 7: Bid Evaluation, and Award of Contract
acceptability. This committee shall record in detail the reasons for acceptance or
rejection of the bids analysed and evaluated by it. The CA may ask the TC to explain
the report but should not request that scores be changed. It should review the TC’s
evaluation of each proposal (on technical, contractual, and other aspects). The CA
should decide how any acceptable deviation in each proposal should be handled
during contract formulation, in case that proposal is ranked first. The technical
evaluation report is a confidential document, and its contents shall not be disclosed.
All records relating to the evaluation, such as individual mark sheets, shall be retained
until completion of the project and its audit. A sample format for preparation of technical
evaluation report and financial evaluation report including award recommendation to
the competent authority is given at Annexure 6.
b) Declaration of Results: In such cases, after the approval of CA, the results of the
Techno-commercial bid evaluation are to be announced (including informing the failed
Bidders). In the case of two-packet or two-stage tendering, Bid securities of
unsuccessful bidders during the first stage, i.e., technical evaluation, etc., should be
returned within 30 days of declaration of result of the first stage, i.e., technical
evaluation etc, in terms of Para 6.1.1. The date/ time and place (or on the portal in
case of e-procurement) are announced for the opening of Financial Bids in the
presence of technically suitable bidders who are willing to attend the bid opening. Such
a date should be two to five (5) days after the announcement.
7.4. Financial Evaluation
7.4.1. General Norms for Ranking of Financial Bids
1. The financial proposals shall be opened publicly (as per para 5.3 mutatis mutandis)
witnessed by representatives of the technically qualified service providers who choose to
do so. In off-line tenders, the Evaluation Committee demonstrably verifies that the financial
proposals have remained sealed and then opens them.
2. For a time-based contract, any arithmetical errors shall be corrected, and prices shall be
adjusted if they fail to reflect all inputs that are included in the respective technical
proposals. For a lump-sum contract, the bidder is deemed to have included all prices in
its/his financial proposal so neither arithmetical correction nor any other price adjustment
shall be made.
3. For the purpose of evaluation, the total cost shall include all taxes and duties for which the
Procuring Entity makes payments to the service provider and other reimbursable
expenses, such as travel, translation, report printing, or secretarial expenses as indicated
in the Tender document.
4. Unless otherwise stipulated, the comparison of the responsive Bids shall be on price
criteria (except in case of QCBS selection – para 7.4.4 below) i.e., total outgo from the
Procuring Entity’s pocket, to be paid to the contractor or any third party, including all
elements of costs as per the terms of the proposed contract, including any service charges,
insurance, cost of incidental Works/ Goods, taxes, duties, levies etc. Financial Bids of all
Techno-commercially suitable bids are evaluated and ranked to determine the lowest
priced bidder.
5. Unless otherwise stipulated, if the Schedule of Requirements contains more than one
schedule, the financial ranking of bids shall be done based on all schedules put together.
126Manual for Procurement of Non-Consultancy Services, 2025
The bid for a schedule shall not be considered if the complete requirements prescribed in
that schedule are not included in the bid;
6. If any bidder offers conditional discounts/ rebates in his bid or suo-motu discounts and
rebates after the Bid Opening (techno-commercial or financial), such rebates/ discounts
shall not be considered for ranking the offer. But if such a bidder does become L-1 without
discounts/ rebates, such discounts/ rebates shall be availed and incorporated in the
contracts;
7. Unless announced beforehand, the quoted price shall not be loaded based on deviations
in the commercial conditions. If it is so declared, such loading of a financial bid shall be
done as per the relevant provisions;
8. As per policies of the Government, from time to time, the Procuring Entity reserves its
option to give purchase preferences to eligible categories of Bidders as indicated in the
Tender Document.
9. Financial evaluation of Bids shall include and consider the following taxes/ duties, as per
para 6.2:
a) in the case of Services performed in India or incidental goods of foreign origin already
located in India, GST & other similar duties, which shall be contractually payable, on
the Services and incidental Goods, if a contract is awarded on the bidder;
b) The offers shall be evaluated based on the GST rate quoted by each bidder, and the
same shall be used for determining the inter-se ranking. The Procuring Entity shall not
be responsible for any misclassification of HSN Number or incorrect GST rate if quoted
by the bidder. Any increase in GST rate due to misclassification of HSN number shall
have to be absorbed by the service provider; and
c) If GST is quoted extra, but with the provision that it shall be charged as applicable at
the time of delivery, the offer shall be evaluated for comparison purposes by loading
the maximum existing rate of GST for the product/ HSN code.
10. Price Variation: If the bids have been invited on a variable price basis, they will be
evaluated, compared, and ranked based on the position prevailing on the bid submission
deadline and not based on any future date. If a Bidder submits a firm price quotation
against the requirement of a variable price quotation, that bid shall be prima facie
acceptable and considered further, taking the price variation asked for by the Bidder as
nil.
11. Ambiguous Financial bid: If the financial bid is ambiguous and leads to two equally valid
total price amounts, it shall be rejected as nonresponsive.
12. Instances of Multiple L1s: Rarely, there may be a tie at the lowest bid (L-l) position
between two or more start-up/ non-start-up bidders. However, the method of selection of
successful contractor in case of multiple L1 should be decided prior to issue of tender. It
must be first determined whether it is a case of Cartel formation or anti-competitive
practices, as per para 7.4.9 below, and if so, it shall be dealt with accordingly. If this is not
a case of cartel formation, the following sequence of preference shall be adopted while
considering the award of the contract:
a) For Tender issued through NIC Portal/ manual basis:
i) In case one of the L1 bidders is MSE owned by SC/ST or a Women
Entrepreneur, then an order shall be placed on such bidder.
ii) If one of the L1 bidders is MSE, then an order shall be placed on such bidders.
127Chapter 7: Bid Evaluation, and Award of Contract
iii) Otherwise, the order shall be placed on the L1 bidder having a higher turnover
in the previous financial year. In case there is a tie at the lowest bid (L-1)
position between only startup bidders and none of them has past turnover, the
order will be placed on the startup that was registered earlier with the
Department of Industrial Promotion and Policy.
b) For Tenders having multiple L1s, issued through the GeM Portal: The tie-breaker
methodology available on the GeM portal is to be followed.
7.4.2. Least Cost Selection (LCS)
Under the LCS procedures, the financial proposals will be ranked in terms of their total
evaluated cost. The least cost proposal will be ranked as L-1 and the next higher and so on
will be ranked as L-2, L-3 etc. The least cost proposal (L-1) will be considered for award of
contract. The TC will put up a report on financial evaluation of the technically qualified service
providers to the competent finance authority along with the recommendation that the least cost
proposal (L-1) can be approved/ invited for negotiation and for final award of contract.
7.4.3. Single Source Selection (SSS)
The Single Source in case of SSS selection shall be called for further negotiation, if need be,
after opening and evaluation of its financial proposals.
7.4.4. QCBS Selection
1. Please refer to para 4.3.2 for the conditions permitted, for the use of QCBS selection in
procurement of NC Services. That para also details competent authority and grounds for
declaring a procurement as Quality Oriented Procurement (QOP), for use of QCBS
method. That para also covers the role of STC (or Technical Committee in case of NC
Services) for fixing parameters of the QCBS selection.
2. Evaluation of QCBS Bids: For evaluation, a suitable committee shall be constituted.
However, members of the STC shall not be involved.
a) Joint Ventures: Joint Ventures may be avoided in general in Non-consultancy
services and particularly in QCBS system in NC Services. (Please refer to para 4.3.2
above)
b) Since MII order is applicable ‘where the bid is evaluated on price alone’ – MII purchase
preference would not be applicable where evaluation is based inter-alia on non-price
criteria, e.g., QCBS or FBS in Services and Works.
c) Weightages: As mentioned in para 4.3.2, the proposed weightages for quality and cost
shall be specified in the Tender. Under QCBS selection, the technical proposals will be
allotted weightage of not more than 30% (Thirty per cent) while the financial proposals
will be allotted weightages of 70% (Seventy per cent) or more as declared in the
Tender.
d) Qualifying Benchmark: As mentioned in para 4.3.2, in QCBS selection, minimum
qualifying marks (normally 70-80 (seventy – eighty) out of maximum 100 (hundred)
marks) as qualifying benchmark for quality of the technical proposal shall be prescribed
and indicated in the Tender Document along with a scheme for allotting marks for
various technical criteria/ attributes. Bids scoring less than the minimum threshold shall
not be considered for further evaluation. Since the weightage of the cost element
adopted in NC services is as high as 70 (seventy) percent, financial considerations
would dominate the selection, though to a lower extent as compared to LCS (Least
Cost Selection – L1 basis). In such cases, it is essential to ensure that the minimum
128Manual for Procurement of Non-Consultancy Services, 2025
qualifying marks in the evaluation is set sufficiently high, to weed out low quality bids
with low prices.
e) Evaluation of Quality Score: Proposal with the highest technical marks (as allotted
by the evaluation committee) shall be given a score of 100 (Hundred) and other
proposals be given technical score that are proportional to their marks w.r.t. the highest
technical marks.
f) Evaluation of Financial Score: Similarly, proposal with the lowest evaluated cost may
be given a financial score of 100 (Hundred) and other proposals given financial scores
that are inversely proportional to their prices w.r.t. the lowest offer.
g) Weighted QCBS Score: The total score, both technical and financial, shall be
obtained by weighing the quality and cost scores and adding them up. On the basis of
the combined weighted score for quality and cost, the service providers shall be ranked
in terms of the total score obtained. The proposal obtaining the highest total combined
score in evaluation of quality and cost will be ranked as H-1 followed by the proposals
securing lesser marks as H-2, H-3 etc. The proposal securing the highest combined
marks and ranked H-1 shall be recommended for award of contract. In the event two
or more bids have the same score in final ranking, the bid with higher technical score
will be H-1
h) QCBS Formula: In such a case, an Evaluated QCBS Score (B) will be calculated for
each responsive Bid using the following formula, which permits a comprehensive
assessment of the Bid price and the technical merits of each Bid:
𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶 𝑇𝑇
where 𝐵𝐵 = 𝑋𝑋 + (1−𝑋𝑋)
𝐶𝐶 𝑇𝑇ℎ𝑖𝑖𝑖𝑖ℎ
C = Evaluated Bid Price
C = the lowest of all Evaluated Bid Prices among responsive Bids
low
T = the total Technical Score awarded to the Bid
T = the Technical Score achieved by the Bid that was scored best among all
high
responsive Bids
X = weightage for the Price as specified in the Tender Document
i) The Bid with the best evaluated Bid Score (B) among responsive Bids shall be the
Most Advantageous Bid
j) Example: Following example illustrates the evaluation of QCBS:
i) In a particular case of selection of service provider, it was decided to have
minimum qualifying marks for technical qualifications as 75 (Seventy-five) and
the weightage of the technical bids and financial bids was kept as 30: 70 (Thirty
: Seventy). In response to the Tender Document, three proposals, A, B & C
were received. The technical evaluation committee awarded the following
marks as under:
A: 75 Marks
B: 80 Marks
C: 90 Marks
129Chapter 7: Bid Evaluation, and Award of Contract
ii) The minimum qualifying marks were 75 (Seventy-five) thus, all the three
proposals were found technically suitable. Using the formula T/T , the
high
following technical points are awarded by the evaluation committee:
A: 75/90 = 83 points
B: 80/90 = 89 points
C: 90/90 = 100 points
iii) The financial proposals of each qualified service provider were opened after
notifying the date and time of bid opening to the successful participants. The
price evaluation committee examined the financial proposals and evaluated the
quoted prices as under:
A: Rs.100.
B: Rs.104.
C: Rs.106.
iv) Using the formula C /C, the committee gave them the following points for
low
financial proposals:
A: 100/100 = 100 points
B: 100/104 = 96 points
C: 100/106 = 94 points
v) In the combined evaluation, thereafter, the evaluation committee calculated the
combined technical and financial score as under:
Proposal A: 83x0.30 + 100x0.70 = 95 points.
Proposal B: 89x0.30 + 96x0.70 = 94 points
Proposal C: 100x0.30 + 94x0.70 = 96 points.
vi) The three proposals in the combined technical and financial evaluation were
ranked as under:
Proposal A: 95 points: H-2
Proposal B: 94 points: H-3
Proposal C: 96 points: H-1
vii) Proposal C at the evaluated cost of Rs.106 (Rupees One hundred and six) was,
therefore, declared as winner and recommended for approval, to the competent
authority.
7.4.5. Global Tender Enquiry (GTE, International Competitive Bidding)
If stipulated in the TIS/ AITB that this is a Global Tender Enquiry (International Competitive
Bidding), the following additional aspects of the evaluation of the financial offer shall also
apply:
1. Currency of Bid: In GTE (Global Tender Enquiry), foreign bidders have the flexibility to
quote prices and receive payments in either Indian Rupees or freely convertible currencies
130Manual for Procurement of Non-Consultancy Services, 2025
such as US Dollars, Euros, Pound Sterling, Yen, other relevant currencies73, or a
combination thereof. However, prices for incidental goods/works (including Agency
Commission) performed or sourced in India must be quoted and paid for in Indian Rupees.
Indian bidders are required to quote in INR only. All offers are to be converted to Indian
Rupees based on the “Bill currency selling” exchange rate on the bid submission deadline,
quoted by a source as specified (if not specified, authorised exchange bankers approved
by RBI) in the tender document.
2. Evaluation of Offers: Import of Goods or services or both attract integrated tax (IGST).
The IGST rate and GST cess shall be applicable on the ‘Customs Assessable Value’ plus
the ‘Basic Customs duty applicable thereon.’ The offers would be compared based on the
principle of the total outgo from the Procuring Entity’s pockets, including all applicable
taxes and duties (Customs duty, IGST, and GST Cess).
3. Agency Commission to the service provider: Provisions contained in para 4.3.1-9 of
the Manual for Procurement of Goods, 2024 maybe followed.
7.4.6. Evaluation of Concurrent Application: MSE and Make in India Policies
The concurrent application of the two procurement orders i.e., MSE Procurement Order of
2012 and PPP-MII Order may create confusion to the procuring entities on how to evaluate
the bidders falling within the purview of both policies. To bring predictability both to the
procuring entities as well as bidders, guidelines were issued by DoE74. These guidelines are
explained in Annexure 21, along with examples in the annex thereto.
7.4.7. Reasonableness of Overall Bid Price Received
1. In every recommendation of the TC for an award of contract, it must be declared that the
overall bid price recommended is reasonable. If the overall Bid price received is considered
abnormally low, action may be taken as per para 7.4.8
2. If the successful bid as per evaluation criteria, is considered to be unreasonably high, then
price justification may be called from the bidder. If the price justification is not acceptable,
then either negotiations as per para 7.4.10 or reissue of tender for the identical or similar
Services as per para 7.4.11 may be considered. In case cartel is suspected action as per
para 7.4.9 may be taken.
3. In large value tenders, blind reliance on the cost estimate is not recommended for
assessing reasonableness. More than one method of estimation of cost may be used to
triangulate a reasonable price.
7.4.8. Consideration of Abnormally Low Bids
1. An Abnormally Low Bid (ALB) is one in which the Bid price, in combination with other
elements of the Bid, appears so low that it raises material concerns as to the capability of
the Bidder to perform the contract at the offered price. Procuring Entity may in such cases
seek written clarifications from the Bidder, including detailed price analyses of its Bid price
in relation to scope, schedule, allocation of risks and responsibilities, and any other
73
The Central Board of Indirect Taxes and Customs in India (CBIC) issues Exchange Rate Notification under
Customs Act, 1962, which lists currencies and exchange rates for imported goods in Schedule I – which may
indicate relevant currencies for indicate. The current notification is Exchange Rate Notification No. 30/2024 -
Customs (N.T.).
74 Notified vide OM No.F.1/4/2021-PPD issued by Department of Expenditure dated 18.05.2023.
131Chapter 7: Bid Evaluation, and Award of Contract
requirements of the bid document. If, after evaluating the price analyses, procuring entity
determines that the Bidder has substantially failed to demonstrate its capability to deliver
the contract at the offered price, the Procuring Entity may reject the Bid/ Proposal, and
evaluate the next higher bidder (and so on), at his/ their own quoted rate (and not by
counteroffering rate of ALB), for award of contract. However, it would not be advisable to
fix a normative percentage below the estimated cost, which would automatically be
considered as an abnormally low bid. Due care should be taken while formulating the
specifications at the time of preparation of tender document to have a safeguard against
the submission of abnormally low bid from the bidder.
2. In the case of predatory pricing as well, procuring entities may refer to the above
consideration of Abnormally Low Bids to assist themselves in finalization of tenders75.
3. No provisions should be kept in the Tender Documents regarding the Additional Security
Deposit/ Bank Guarantee (BG) in case of Abnormally Low Bids. Wherever, there are
compelling circumstances to ask for Additional Security Deposit/ Bank Guarantee (BG) in
case of ALBs, the same should be taken only with the approval of the next higher authority
competent to finalise the particular tender, or the Secretary of the Ministry/ Department,
whichever is lower76.
7.4.9. Cartel Formation/ Bid Rigging
1. The Competition Act defines bid rigging as agreements that have the effect of eliminating
or reducing competition or adversely affecting or manipulating the process of bidding.
There are various forms of bid rigging - Collusive bidding (dividing the market, setting
prices, or limiting production – involves misrepresentation of independent bids); Bid
Rotation/ suppression; Complementary Bidding; etc. (For details of legal aspects please
refer to ‘Appendix– 2: Legal Aspects of Public Procurement’ of the Manual for Procurement
of Goods, 2024)
2. Cartels implement this anti-competitive bid-rigging. Sometimes, a cartel of bidders quotes
equal/ marginally different rates (pool rates) against a tender, whereas possibly:
a) Rates quoted (and breakup thereof) are equal, despite their manufacturing/ logistics
costs being different due to their scale of production/ location.
b) The rate manages to be L1.
c) In a variation, the rates may not be exactly equal but may be close enough to make
the Cartel members L1, L2, L3, etc.
d) Respective quoted quantities by these bidders are much less than the tendered
quantity, leaving no option but to distribute quantities among these bids.
e) Their bids have other uncanny similarities, i.e., the same layout or typographical errors.
Bids from the same IP address raise suspicion, but by itself may not be a strong
indicator of a cartel. In such cases, other factors mentioned in this para should be
assessed to judge cartelisation.
3. If this rate is unreasonably high, this may be an attempt to force acceptance of higher rates
by undermining the negotiating power of the buyer as per rules. Even when rates are
reasonable, this may be an attempt to force the Procuring Entity to distribute quantities as
decided by the bidders among them, even in tenders where splitting of quantities is not
envisaged.
75
In reference to OM No.F.12/17/2019-PPD issued by Department of Expenditure dated 06.02.2020
76
Notified vide OM No. F.9/4/2020-PPD issued by Department of Expenditure dated 12.11.2020.
132Manual for Procurement of Non-Consultancy Services, 2025
4. Cartels, by their very nature are secretive and thus it may not be possible to find the direct
concrete evidence of their presence. The orders of the Competition Commission of India
(CCI) clearly mention reliance on circumstantial evidence, both economic and conduct-
based, to conclude the existence of a cartel agreement.
5. Such cartel formation/ pool rates abuse the transparency of Public Procurement and are
a violation of the code of Integrity for Public Procurement. Such and similar tactics by
bidders to avoid/ control true competition in a tender leading to an "Appreciable Adverse
Effect on Competition" (AAEC) is an offence under the Competition Act, 2002.
6. Such abnormal practices need to be severely discouraged with strong measures. To
discourage such practices, Procuring Entity may include in all tender documents a Cartel
Formation/ Pool Rates clause, stating inter-alia that, Procuring Entity reserves its rights to
take following actions, without assigning any reasons thereof, in case a Cartel/ Anti-
competitive practice is suspected in a tender:
a) Specify in Tender Document that are prone to such practices, that bidders must bid for
at least a quantity that is more than a minimum specified percentage (say 25%) of the
tendered quantity, otherwise their offer shall be rejected.
b) Warn that Procurement Entity may take any/ all punitive actions available under the
Code of Integrity for Public Procurement against such bidders, including removal from
the list/ panel of registered sources or debarment, besides reporting the transgression
to Competition Commission, and concerned trade associations like FICCI,
ASSOCHAM, NSIC for suitable punitive action.
c) Please note the following in para 7.4.10-2 below:
In no case, including where cartel rates are suspected, should negotiations
be extended to those who had either not tendered originally or whose tender
was rejected because of unresponsiveness of bid, unsatisfactory credentials,
inadequacy of capacity or unworkable rates.
d) Procuring Entity may decide the tender as per one or more of following provisions:
i) Reject all bids from the suspected cartel formation and decide the tender
accordingly.
ii) place order on any one or more firms (from among the cartel) for any quantity
with exclusion of the rest, with or without negotiation or counteroffering.
Note: The selection of firms for this may be based on a transparent logistics
parameter i.e., quicker delivery, nearer location of source, relatively better
past performance, etc.
iii) Whenever tender is floated for purchase exclusively from pre-qualified/
approved sources, and cartel formation is suspected among such sources,
Procuring Entity may place orders on sources outside the pre-qualified/
approved sources for any quantity.
iv) Wherever a specified ratio for splitting of quantities among 2/ 3 sources is
stipulated in the tender document, and cartel formation is suspected among
lower 2/3 bidders, place order on any number of firms beyond such ratios or
decide tender as per sub para-i) or ii) above.
7. Certain Procurement decisions facilitate Cartel formation. Need Assessment and
Procurement Planning is the main stage where this menace can be addressed effectively.
Please refer to para 2.4.1-7.
133Chapter 7: Bid Evaluation, and Award of Contract
7.4.10. Negotiations for Reduction of Prices (Rule 173 (xiv) of GFR 2017)
1. Negotiation with bidders after bid opening must be severely discouraged. However, in
exceptional circumstances where price negotiation (including in post Reverse Auction
tenders) is necessary due to some unavoidable circumstances, it should be held only with
the lowest acceptable bidder (L1), who is techno-commercially responsive for the supply
of a bulk quantity and on whom the contract would have been placed but for the decision
to negotiate.
2. In no case, including where cartel rates are suspected, should negotiations be extended
to those who had either not tendered originally or whose tender was rejected because of
unresponsiveness of bid, unsatisfactory credentials, inadequacy of capacity or unworkable
rates.
3. The circumstances where price negotiations may not be considered except under following
exceptional circumstances:
a) Where, L1 price is not considered to be reasonable, and
b) the procurement is done on nomination basis or
c) Procurement is from single or limited sources; or
d) Where there is suspicion of cartel formation which should be recorded, following
provisions of para 7.4.9 above.
4. Where the requirements are urgent and the delay in re-tendering for the entire requirement
due to the unreasonableness of the quoted rates would jeopardise essential operations,
maintenance and safety, negotiations with L1 bidder(s) may be done for bare minimum
quantum of immediate requirements. The balance bulk requirement should, however, be
procured through a re-tender, following the normal tender process.
5. The decision whether to invite fresh tenders or to negotiate and with whom, should be
made by the tender accepting authority based on the recommendations of the TC.
Convincing reasons must be recorded by the authority recommending negotiations. The
CA should exercise due diligence while accepting a tender, ordering negotiations, or
calling for a re-tender and a definite timeframe should be indicated.
6. Normally all counter-offers are considered negotiations by other means and the principles
of negotiations should apply to such counter offers. For example, a counter-offer to L1, to
arrive at an acceptable rate, shall amount to a negotiation. However, any counter-offer to
L2, L3, and so on (at the rates accepted by L1) in case of splitting of quantities shall not
be deemed to be a negotiation. Similarly dynamic bids in Reverse Auction process as per
para 4.6.2 and matching of L1 price as per para 7.4.6 above are not to be considered as
negotiations.
7. After the CA has decided to call a specific bidder for negotiation, the following procedure
should be adopted:
a) It must be understood that, if the period of validity of the original offer expires before
the close of negotiations, the original offer will not be available for acceptance. The
period of validity of the original offer must, therefore, be extended, wherever necessary,
before negotiations;
b) The bidder to be called in for negotiations should be addressed as per the format of
letter laid down in Annexure 14, so that the rates originally quoted by him shall remain
open for acceptance in the event of failure of the contemplated negotiation;
c) A negotiations meeting should be started only after obtaining a signed declaration from
the negotiating service provider as per Annexure 14; and
134Manual for Procurement of Non-Consultancy Services, 2025
d) Revised bids should be obtained in writing from the selected bidders at the end of the
negotiations in the format of letter laid down in Annexure 15. The revised bids so
obtained should be read out to the bidders or their representatives present,
immediately after completing the negotiations. If necessary, the negotiating party may
be given some time to submit its revised offer. In case, however, the selected bidder
prefers to send a revised bid instead of being present at the negotiation, the offer
should be considered. In case a bidder does not submit the revised bid, its original bid
shall be considered.
7.4.11. Cancellation of Procurement Process/ Rejection of All Bids/Re-
tender (Rule 173 (xix) of GFR 2017)
1. The Procuring Entity has the right to cancel the process of procurement or reject all bids
at any time before intimating acceptance of successful bid under circumstances mentioned
below. However, such rejections should be well considered and normally be in cases
where all the bids are either substantially in deviation to the Services and Activities
Schedule or considered unreasonably high in cost and, if in the latter case, the lowest
qualified bidder during negotiations fails to reduce the costs to a reasonable level. If it is
decided to re- invite the bids, the Services and Activities Schedule should be critically
reviewed/modified so as to address the reasons of not receiving any acceptable bid in the
earlier Invitation for bids. The Procuring Entity may cancel the process of procurement or
rejecting all bids under circumstances mentioned below:
a) If the quantity and quality of requirements have changed substantially or there is an
un-rectifiable infirmity in the tender process;
b) when none of the tenders is substantially responsive to the requirements of the
Procurement Documents;
c) none of the technical Proposals meets the minimum technical qualifying score;
d) If effective competition is lacking. However, lack of competition shall not be determined
solely based on the number of Bidders. (Please refer to para 7.2.7 above also
regarding receipt of a single offer).
e) the Bids’/Proposals’ prices are substantially higher than the updated cost estimate or
available budget;
f) If the bidder, whose bid has been found to be the lowest evaluated bid (L1) or Highest
scorer (H-1) withdraws or whose bid has been accepted, fails to sign the procurement
contract as may be required, or fails to provide the security as may be required for the
performance of the contract (Para 7.5.3) or otherwise withdraws from the procurement
process (para 7.2.6), the Procuring Entity shall deal the case as per para 7.2.6-3).77.
2. In case where responsive bids are available, the aim should be to finalise the tender by
taking mitigating measures even in the conditions described below. If it is decided to rebid
the tender, the justification should balance the perceived risks in finalisation of tender
(marginally higher rates) against the certainty of resultant delays, cost escalations, loss of
transparency in re-invited tender. It may be noted that once a Tender is retendered, the
bids in the old tender cannot be revived and reconsidered, as per the Indian Contract Act,
even if prices received in the new tender turn out to be higher.
3. Approval for re-tendering should be accorded by the CA based on the reasons/proper
justification in writing. The decision of the procuring entity to cancel the procurement shall
77
Notified vide OM No. F.1/1/2021-PPD issued by Department of Expenditure dated 21.04.2022.
135Chapter 7: Bid Evaluation, and Award of Contract
be immediately communicated to all bidders that participated in the procurement process
and bids if not opened would not be opened and in case of manual tenders be returned
unopened. Bid securities, if any, should also be returned without delay.
4. Before retendering, the procuring entity should first check whether, while floating/issuing
the enquiry, all necessary requirements, and formalities such as standard conditions,
industry friendly qualification criteria, and technical and commercial terms, wide publicity,
sufficient time for tendering, and so on, were fulfilled. If not, a fresh enquiry should be
issued only after rectifying the deficiencies.
7.5. Award of Contract
7.5.1. LoA to Successful Bidder
1. Before a final award is announced, the technical and financial credentials of the selected
bidders/ service provider should be crosschecked to the extent feasible. The Procuring
Entity may, at its discretion, ask Bidder to submit for verification the originals of all such
documents whose scanned copies were submitted online. If so decided, the photocopies
of such self-certified documents shall be verified and signed by the competent officer and
kept in the records as part of the contract agreement. If the Bidder fails to provide such
originals or in case of substantive discrepancies in such documents, it shall be construed
as a violation of the Code of Integrity. Such bid shall be liable to be rejected as
nonresponsive in addition to other punitive actions in the Tender Document. The
evaluation of Bids shall proceed with the subsequent ranked offers.
2. Prior to the expiry of the period of bid validity, the successful bidder will be notified (briefly
indicating therein relevant details such as quantity, description of the services ordered,
prices, and so on) in writing by a registered letter or any other acknowledgeable and
foolproof method that his bid has been accepted. Legal communication of acceptance of
the offer is considered complete as soon as it is submitted to postal authorities (please
refer to para 2.9-1) of ‘Appendix– 2: Legal Aspects of Public Procurement’ of the Manual
for Procurement of Goods, 2024). A template for the Letter of Acceptance (or Notice of
Award, or Acceptance of Tender) is given in Annexure 16. In the same communication,
the successful bidder is to be instructed to furnish the required performance security within
a specified period (generally 14 (fourteen) to 28 (twenty-eight), depending on the amount).
Letter of Award - LoA shall state the sum (hereinafter and in the contract called the
"Contract Price") that the Procuring Entity shall pay the contractor in consideration of the
supply of the Services. The Letter of Award (LoA) shall constitute the legal formation of
the contract if it is not conditional on submission of Performance Security (as in tenders
below Rs 50 Lakhs). In case Performance Security is stipulated it would amount to a
contract only after the furnishing of performance security as per the provisions of the para
7.5.3 below. The Procuring Entity, at its discretion, may directly issue the contract subject
only to the furnishing of performance security, skipping the issue of LoA.
3. The value of Contract should include Taxes/ duties/ levies, if any.
4. In respect of contracts for purchases valued Rupees Five (5) lakhs and above, where
tender documents include the GCC, SCC and schedule of requirements, the letter of
acceptance will result in a binding contract. All delivery liabilities would be counted from
the date of LoA.
136Manual for Procurement of Non-Consultancy Services, 2025
5. It shall be mandatory for the successful bidder to get registered on GeM and obtain a
unique GeM Seller ID. before the placement of LoA or the contract. This ID shall be
incorporated in the contract.
7.5.2. Publication of Award of Contract and Return of EMD of Unsuccessful
Bidders (Rule 173 (xviii) of GFR 2017)
1. Mandatory Publication of Award of Contract: The details of award of contract and name
of the successful bidder should be mentioned mandatorily on the CPPP/ GeM (as relevant)
and in the notice board/bulletin/website of the concerned Ministry or Department/e-
Procurement Portal.
2. Exceptions to Publishing of Award of Contract: In case publication of such information
is sensitive from commercial or security aspects, dispensation may be sought from
publishing of such results by obtaining sanction from the Secretary of the Department with
the concurrence of associated Finance. Open, transparent declaration, of price, sources,
and delivery schedule of Central Public Sector Enterprises (CPSEs) service provider s as
per extant instructions adversely impacts ability of CPSEs to compete in highly competitive
market. CPSEs are denied a level playing field. At the time of tender formulation,
commercial organisations like CPSEs will disclose whether the subject of procurement is
for commercial re-sale. Contract Award details of such cases may be shared on electronic
Procurement Portals such as GeM, Central Public Procurement Portal (CPPP) etc. after
six (06) months of finalization of procurement. Such a system shall protect financial data
of the CPSEs for a reasonable time while also complying with requirement of transparency.
3. Bid Securities: Upon the successful bidder furnishing the signed agreement and
performance security, each unsuccessful bidder will be promptly notified, and their bid
security be returned without interest within 30 (thirty) days of notice of award of contract in
terms of para 6.1.1 above. The successful service provider’s bid security shall be adjusted
against the SD or returned as per the terms of the tender documents.
7.5.3. Performance Security
The service provider receiving the LoA is required to furnish the required performance security,
if it is part of tender conditions, in the prescribed form within period prescribed in the tender
document (generally 14 (fourteen) to 28 (twenty-eight), depending on the amount), as per para
6.1.2 above. In case performance security is not submitted within the stipulated time, procuring
entity may pursue the contractor upto a reasonable grace period further for submission. In
case the firm fails to submit the requisite Performance Security even thereafter or fails to sign
the contact it may be treated as withdrawal of offer by L1 bidder, and the tender may be
reinvited (refer para 7.2.6-3), besides taking necessary punitive actions including forfeiture of
EMD against such bidders.
7.5.4. Acknowledgement of Contract by Successful Bidder and Execution
1. After the successful bidder is notified that his bid has been accepted, he will be sent an
agreement in duplicate for signature and return, incorporating all agreements between the
parties.
2. The service provider should acknowledge and unconditionally accept, sign, date and
return the agreement within 14 (fourteen) days from the date of issue of the contract in
case of OTE and 28 (twenty-eight) days in case of GTE. Such acknowledgements may
not be required in low value contracts, below Rupees Five (5) Lakh or when the bidders
offer has been accepted in entirety, without any modifications. While acknowledging the
137Chapter 7: Bid Evaluation, and Award of Contract
contract, the service provider may raise issues and/or ask for modifications against some
entries in the contract; such aspects shall be immediately be investigated for necessary
action and, thereafter, the service provider’s unconditional acceptance of the contract
obtained. If both parties (Procuring Entity and the service provider) simultaneously sign
the contract across the table, further acknowledgement from the service provider is not
required. It should also be made known to the successful bidder that in case he does not
furnish the required performance security or does not accept the contract within the
stipulated target dates, such non-compliance will constitute sufficient ground for forfeiture
of its EMD and processing the case for further action against it (as per para 7.2.6-3).
Procuring Entity may also consider getting the contract digitally signed.
3. All contracts shall be signed and entered into after receipt and verification of the requisite
performance security, by an authority empowered to do so by or under the orders of the
President of India in terms of Article 299 (1) of the Constitution of India. The words “for and
on behalf of the President of India” in case of Ministry/ Department should follow the
designation appended below the signature of the officer authorised on this behalf. The
various classes of contracts and assurances of property, which may be executed by
different authorities, are specified in the DFPR (Annexure 1). In case of CPSE and other
organisations the contract shall be signed for and on behalf of the head of the organisation.
No contract should be entered into by any authority which has not been empowered to do
so.
7.5.5. Framing of Contract
The following general principles should be observed while entering into contracts:
1. Any agreement shall be issued strictly as per approved TC recommendations, be vetted
by the Associated/ integrated Finance, and approved by CA. The terms of contract must
be precise, definite and without any ambiguities. The terms should not involve an uncertain
or indefinite liability, except in the case of a cost-plus contract or where there is PVC in the
contract. In other words, no contract involving an uncertain or indefinite liability, or any
condition of an unusual character should be entered into without the previous consent of
the Associated/ integrated Finance.
2. In the Non-consultancy Services contract, the accepted Services and Activities Schedule
and methodology etc are laid down in form of ‘Description of Service’. Therefore, before
the contract is finally awarded, discussions may be necessary with the selected bidder to
freeze these aspects, especially when, it is discouraged during evaluation of technical
proposals to seek clarifications on these matters. However, such technical discussions do
not amount to negotiations in the sense, the word is used in Procurement of Goods and
Works. These discussions should not have financial ramifications and are not an essential
part of the selection process. In many cases, however, it is felt necessary to ensure
meeting of minds with the selected bidder the Services and Activities Schedule,
methodology, staffing, Procuring Entity's inputs, and special conditions of the contract.
These discussions shall not substantially alter (or dilute) the original Services and Activities
Schedule or terms of the offer, lest the quality of the final product, its cost, and the initial
evaluation be vitiated. The final Services and Activities Schedule and the agreed
methodology shall be incorporated in "Description of Services," which shall form part of
the contract.
3. All contracts shall contain a provision for
138Manual for Procurement of Non-Consultancy Services, 2025
a) Recovery of liquidated damages (LD) for delay in performance of the contract on the
part of the contractor;
b) A warranty clause/defect liability clause should be incorporated in contracts for Non-
consultancy Services, above a threshold value, requiring the contractor to, without
charge, replace, repair, or rectify defective goods/ works/services;
c) Payment of all applicable taxes by the contractor or service provider; and
d) for an unconditional power of revocation or cancellation by the Procuring Entity at any
time on the expiry of six months’ notice to that effect, when a contract is likely to endure
for a period of more than two years, it should, wherever feasible, include a provision.
4. Standard forms of contracts should be invariably adopted, except in following cases:
a) Authorities competent to make purchases may, at their discretion, make purchases of
value up to Rupees Two and half (2.5) lakh by issuing purchase orders containing basic
terms and conditions;
b) With respect to contracts for purchases valued from Rupees One Lakh to upto Rupees
Ten lakhs, where tender documents include the GCC, SCC, and schedule of
requirements, the letter of acceptance will result in a binding contract, provided no
performance security is called for or due to be submitted. All delivery liabilities would
be counted from the date of LoA. (Rule 225 iv) b) GFR 2017).
c) In cases where standard forms of contracts are not used or where modifications in
standard forms are considered necessary in respect of individual contracts, legal and
financial advice should be taken in drafting the clauses in the contract and approval of
CAs is to be obtained; and
d) Copies of all contracts and agreements for purchases of the value of Rs. 50 (Rupees
Fifty) lakh and above, and of all rates and running contracts entered into by civil
Departments of the Government should be sent to the Accountant General.
e) Copies of the LOA/Purchase Order should also be sent to the Jurisdictional Assessing
Officer for GST, mentioned in the bidder’s bid.
7.5.6. Audit Trails - Procurement Records
1. The procuring entity must maintain and retain audit trails, records and documents
generated or received during its procurement proceedings, in chronological order, the files
will be stored in an identified place and retrievable for scrutiny whenever needed without
wastage of time.
2. However, many organisations now process procurements on their own eProcurement
Portals. In such cases, taking printouts and making a physical file just for records may be
counter-productive, provided the portals have provisions for audit trails. The documents
and records to be maintained electronically or physically will include the following:
a) documents pertaining to determination of need for procurement;
b) description of the subject matter of the procurement;
c) Statement of the justification for choice of a procurement method other than open
competitive tendering;
d) Documents relating to pre-qualification and registration of bidders, if applicable;
e) Particulars of issue, receipt, opening of the bids and the participating bidders at each
stage;
f) Requests for clarifications and any reply thereof including the clarifications given during
pre-bid conferences;
g) Bids evaluated, and documents relating to their evaluation; and
139Chapter 7: Bid Evaluation, and Award of Contract
h) Contracts and Contract Amendments
i) Complaint handling, correspondences with clients, service providers, banks.
3. In organisations where physical files are still maintained, the Procurement file should start
with the Indent and related documents. All subsequent documents relating to procurement
planning; Copy of Tender Document and documents relating to its and formulation,
publishing and issue/ uploading; Bid Opening; Bids received; Correspondence and
documents (including Technical Evaluation and TC report) relating to pre-qualification,
evaluation, Award of Contract; and finally, the Contract copy, should be kept on the file. In
case of bulky Bids received, all bids received may be kept in a separate volume, with a
copy of accepted bids later being put on the main volume. To maintain integrity of the
records relating to Procurement, these files should be kept secure and for contract
management a new volume of file may be opened to obviate frequent exposure of sensitive
procurement file. In contract management volume, copies of successful bid, Tender
Committee Report, Contract may also be kept for ready reference, besides
correspondence and documents relating to Contract Management and its closure.
7.6. Evaluation of Bids and Award of Contract – Risks and
Mitigation
Risks Mitigation
1. No key expert proposed from the main Tender Document should specify that
qualified partner in consortium/ JV: It is seen the team leader proposed should
that though the shortlisting and contract is won have worked for a sufficient number
by a consortium/ JV on the basis of of years (say, two to three years) with
qualifications of the main qualified partner firm, the main qualifying firm. If this is not
but no key experts (nor team leader) are complied with it could be a ground for
proposed from that firm. As the effective the proposal being termed as non-
contribution of the qualified partner firm can responsive.
only come from experts (in particular the team
leader) who have worked for sufficient time with
the main qualified service provider.
2. Request for substitution of key experts at Any request for substitution should be
the time of contract negotiation: After the examined very closely and agreed
firm is invited for negotiation, it asks for only if permitted by the Tender
substitution of key staff in the contract. This is Document
an unacceptable practice unless the selection
process is unreasonably delayed.
3. Presence of one or more unsigned CVs in If few CVs are not signed by the key
technical proposal: If a proposal contains one expert, the evaluation should be
or more unsigned CVs, it should be scrutinised carried without considering these
carefully. It can be that the CV is used without unsigned CVs and, if this firm is still a
permission or commitment from the concerned winner, clarification may be sought at
key expert. the negotiation stage for resolution. In
no case substitution of such key
experts be agreed to at the contract
negotiation stage. If most of the CVs
are not signed by the respective
140Manual for Procurement of Non-Consultancy Services, 2025
Risks Mitigation
proposed key experts, the proposal
should be termed as non-responsive
and rejected at the technical
evaluation stage.
4. Evaluation of bids is subjective or leaves TC should give an undertaking at the
room for manipulation and biased appropriate time (as per para 7.2.4-3)
assessments. Some TC members may not be that none of the members has any
independent or neutral or may have conflict of COI with the companies/agencies
interest (COI). participating in the tender process.
Any member having an COI with any
company should refrain from
participating in the TC. Some
members of a TC may be subordinate
to or related others in a strictly
hierarchical organisation, so that they
are not free to express independent
views – such a situation must be
avoided when constituting the TC.
5. Discriminating against a Best Value Bid: In Mitigation for each type of risk is
case a bidder’s bid (not in the good books of the mentioned below.
procuring entity) becomes the best value bid as
per the evaluation criteria, some of the following
actions may have risks of misuse. There is also
a reverse risk in these actions if a favourite
becomes best value bid:
6. Unwarranted retendering: Rejecting all bids Please refer to para 7.4.11 regarding
and calling for retendering on the pretext of safeguards against this. In case a
prices being high, change of specifications, procurement is rebid more than once,
budget not being available, and so on. approval of one level above the CA
may be taken. Please also see the
complaint mechanism.
7. Sudden quantity reduction/increase or Bid conditions must specify a limit
splitting of quantity work at the time of beyond which originally announced
award: Many organisations have provisions for quantity/scope cannot be
change/ splitting in the bid quantity at the time reduced/increased. If parallel
of award. Some organisations vary quantity contracts are envisaged, clear criteria
even without such provisions for the splitting may be specified in
the tender documents beforehand.
8. Unwarranted negotiations: negotiations are Normally, there should be no post-
called without justification. Sometimes a tender negotiations. In certain
counter-offer is made to discourage lowest exceptional situations, for example,
acceptable bidder. procurement of proprietary items,
items with limited sources of supply,
and items where there is suspicion of
a cartel formation, negotiations may
141Chapter 7: Bid Evaluation, and Award of Contract
Risks Mitigation
be held with L-1. In case of L-1
backing out, there should be re-
tendering.
9. Unwarranted delays in finalizing or varying A target timeline of finalisation of
the terms of preannounce contract procurement should be laid down.
agreement: even after the TC Delays and reasons thereof should
recommendations are accepted, signing of the be brought out before the CA on the
contract is delayed on one pretext or the other. file at the time of TC’s acceptance or
Although there is a standard contract form in contract signing. The contract should
the tender documents, the contract may be be strictly as per the bid conditions
drafted in a fashion to favour or discourage the and accepted offer.
successful bidder.
10. Anti-competitive practices: Bidders, which These strategies, in turn, may result
would otherwise be expected to compete, in patterns that procurement officials
secretly conspire to frustrate the buyer’s can detect, and steps can be taken to
attempts to get VfM in a tender process. Anti- thwart such attempts. Such anti-
competitive conspiracies can take many forms. competitive activities come under the
Sometimes the officers involved in purview of the competition law, where
procurement may be part of such collusion. there is provision of stringent
a) Bid coordination: The bidders collude to penalties. Regular training should be
the quote same or similar rates that are held for officers involved in
much higher than the reasonable price to procurement to detect and mitigate
force the buyer to settle the procurement at such practices and also use of the
exorbitant prices. competition law against such bidders.
b) Cover bidding: Cover bidding is designed
to give the appearance of genuine
competition by way of supporting bids for
the leading bid-rigger.
c) Bid suppression: Bid suppression means
that a company does not submit a bid for
final consideration in support of the leading
bid-rigger.
d) Bid rotation: In bid-rotation schemes,
conspiring firms continue to bid but they
agree to take turns being the winning (i.e.,
lowest qualifying) bidder in a group of
tenders of a similar nature.
e) Market allocation: Competitors carve up
the market and agree not to give
competitive bids for certain customers or in
certain geographic areas.
142Manual for Procurement of Non-Consultancy Services, 2025
Chapter 8: Special Types of Non-Consultancy
Procurements
8.1. Expression of Interest (EoI) for Shortlisting of Service
Providers
8.1.1. Expression of Interest (EOI) Process
1. Unlike Procurement of Consultancy Services, procurement of Non-consultancy services is
done by a simpler process akin to those of procurement of Goods and Works. (Rule 206
of GFR 2017). It is normally done in Single Stage Two-envelope Tendering containing
Technical and Financial bids. In highly technical and complex services, where quality is
important (say in studies like seismic surveys, airborne data acquisition etc), there is a
danger of low-quality bids getting selected for award of contract by quoting unsustainably
low price. In such situations, to ensure that competition is not vitiated by low-quality bids,
competition may be restricted only among equally qualified bidders. Therefore, instead of
publicly inviting all interested bidders to present their bids; the EOI shortlisting process
(similar to procurement of consultancy services) involves obtaining limited number of
proposals from a pre-qualified firms that, in the Procuring Entity’s view of experience, are
capable and can be trusted to deliver the required services at the desired level of quality.
2. These considerations can be best addressed through competition exclusively between
qualified shortlisted firms or individuals in which selection is based on the quality of the
proposal and, where appropriate, on the cost of services to be provided. Such procurement
needs to be done in a two-phase process. In the first phase of procurement (the EOI
stage), the qualified firms are shortlisted transparently. In the second phase bids
(Technical and Financial) are solicited from such shortlisted bidders to select the winning
bidder. Care should be taken to avoid formation of unreasonable qualification criteria prior
to shortlisting of bidders that may lead to restricted participation.
3. (Rule 183 (ii) of GFR 2017) For procurement above Rs 50 (Rupees Fifty) Lakhs shortlisting
is done in an openly advertised competitive shortlisting process called Expression of
Interest (EoI), giving equal opportunity to all interested bidders to be considered for
shortlisting. Under EoI the "Request for Expression of Interest" (REoI) is advertised on
Central Public Procurement Portal (CPPP) and on Government E-Market (GeM). An
organisation having its own website should also publish all its advertised tender enquiries
on the website. The advertisements for invitation of tenders should give the complete web
address from where the bidding documents can be downloaded. A complete Services and
Activities Schedule should be ready before requesting EoI. Attention of known reputed
Service Providers may also be separately drawn wherever possible. The advertisement
must include, among other things, the last date of submission of EoI, how to get/ download
copy of the EoI document including Services and Activities Schedule, contact information
of the Procuring Entity with the name of contact person, and so on. In case it is felt that
likely Service Provider may not be available in India, the EoI process may be done on
Global Tender Enquiry (GTE) process, by sending REoI notice to foreign embassies in
India and Indian embassies in relevant countries. Please see restriction on floating GTE
for tenders below Rs. 200 Crore, in the Manual of Procurement of Goods, second Edition.
2024.
143Chapter 8: Special Types of Non-Consultancy Procurements
4. Adequate time should be allowed for getting responses from interested bidders. The
Procuring Entity shall make available copies of the EoI document to the interested bidders
on its website/ eProcurement portal (GeM/ CPPP).
5. Important Conditions of EoI: Similar to Model Tender Document for Procurement of
Consultancy Services, eligibility and qualification criteria for shortlisting should be specified
in the EOI document.
6. (Rule 201 (i) of GFR 2017) In procurements of Non-consultancy services below Rs 50
(Rupees Fifty) Lakhs, shortlisting is done without a formal published Expression of Interest
(EoI), akin to a Limited Tender Enquiry (LTE) process. To start with, the preparation of a
long list of potential service providers may be done on the basis of formal or informal
enquiries from other Ministries or Departments or Organisations involved in similar
activities, Chambers of Commerce & Industry, Association of non-consultancy firms etc.
The Procuring Entity should scrutinise the preliminary long list of likely contractors as
identified above and shortlist the prima facie eligible and capable contractors from the long
list. The number of service providers in this moderated long-list should not be less than
three. In case sufficient service providers cannot be located, then the responses may be
called from lesser number of bidders, but not less than three in any case, after taking CA's
approval. If the complexity of the project so justifies, a formal EoI may be advertised as in
sub-para 3) above, even for procurements below Rs 50 (Rupees Fifty) Lakhs, with the
approval of CA.
7. Empanelment of Service Providers: To smoothen this shortlisting for NC services below
Rs 50 (Rupees Fifty) Lakhs, Procuring entities who do frequent procurement of Non-
consultancy services, may consider preparation of a panel of qualified Service Providers,
after evaluation of their credentials, on the lines of registration of vendors in procurement
of goods. Performance of such empanelled contractors should be reviewed periodically.
The list of registered contractors shall be updated on a regular basis. The category/ class
of contractors may be upgraded/ downgraded, or contractors may be de-listed based on
their performance. Empanelment of contractors shall be done in a fair and equitable
manner, preferably online after giving due publicity78.
8. The EoI document shall contain following sections:
a) Letter of Invitation: It shall include a copy of the advertisement whereby service
providers are invited to submit their EoI.
b) Instructions to the Bidders: It may include instructions regarding nature of job;
submission requirement; requirement of bid processing fees; if any; last date of
submission; place of submission; and any related instruction;
c) Description of Services - Brief Purpose and Scope of Work: This may include brief
purpose/objective statement; Service Outcomes Statement; broad scope of work
including Time-frames; inputs to be provided by the Procuring Entity; and expected
deliverables of the assignment. This may also include the place of execution of the
assignment. The request for EoI shall not include the Services and Activities Schedule.
d) Qualification/ Shortlisting Criteria: This may clearly lay down the qualification/
shortlisting criteria which shall be applied by the Procuring Entity for short listing the
service providers. The REoI should ask for sufficient information so that the Procuring
Entity may evaluate the service providers’ capabilities and eligibility to undertake the
78
Notified under para 9.3 vide OM No.F.1/1/2021-PPD issued by Department of Expenditure dated 29.10.2021
144Manual for Procurement of Non-Consultancy Services, 2025
assignment. Information should include: (a) core business and years in business; (b)
qualifications in the field of the assignment; (c) technical and managerial organisation
of the firm; and (d) general qualifications and number of key staff. In addition, the
service providers should indicate information relating to their eligibility and any conflict
of interest that they know may impact objective performance and impartial advice for
their services. Service Providers should not be asked about their approach to the
services or to submit any curricula vitae of key personnel, because these documents
will be dealt with in the Tender stage. No legal documents such as certificates of
incorporation of the firm, powers of attorney, financial statements, or translations of
standard brochures should be requested. Given the often-large number of
submissions, the advertisement should stress the importance of brevity of the
information to be sent.
e) A sample format for seeking an EoI is given at MTD for Procurement of Consultancy
Services.
8.1.2. Short List of Service Providers
1. The Procuring Entity shall evaluate the service providers for shortlisting, inter-alia, based
on their past experience of handling similar types of projects, strength of their manpower
and financial strength of the firm. For example, it is important to find out if the firm: (i) is a
small specialised firm or a large firm with access to a pool of expertise; (ii) has been in
business for an extended period and has a track record in the field of assignment and in
the region; and (iii) has appropriate certification in in-house quality control (firm adheres to
the requirement of International Organization for Standardization - ISO) as relevant to the
task and has an ethics code in place.
2. It is important for the Procuring Entity to hire service providers by writing a clear Description
of Service (objectives and Scope) and shortlisting criteria.
3. Finally, if the same firm is considered for concurrent service packages, the Procuring Entity
shall assess the firm’s overall capacity to perform multiple contracts before including it in
more than one short list. However, this needs to be pre-declared in the EoI documents.
4. The Procuring Entity may assign scores to the response of each service provider based
on weightages assigned to each of the criteria in the EoI. Each criterion may be sub-
divided into sub-criteria, if called for. Normally, the weightages shown in Table 1 may be
used for such an evaluation (this is just an indicative criterion to assist the evaluators. The
criteria and their weightage may be changed as per the need of Procuring Entity).
Table 2. Qualification criteria and their weightages
Sl. Criteria Weightage
No.
Sub-criteria Criteria Total Sub-criteria
1 Past experience of the service provider (track record) 60%
• Number of years’ relevant experience 20%
• Past experience of services of similar nature 50%
• Past experience in carrying out
• Services in the related sector 20%
• Services carried out in the region 10%
2 General profile of qualification, experience, and number 25%
of key staff (not individual CVs)
145Chapter 8: Special Types of Non-Consultancy Procurements
Sl. Criteria Weightage
No.
Sub-criteria Criteria Total Sub-criteria
• Qualifications 30%
• Relevant experience 70%
3 Overall financial strength of the service provider in terms 15%
of turnover, profitability, and cash flow (liquid assets)
situation
Turnover figure for Last three Years. 50%
Net Profit Figure for Last three years 50%
Totals 100%
5. The Procuring Entity shall short list all the service providers who secure the minimum
required marks (normally 75% (seventy five percent)). The minimum qualifying
requirement shall be specified in the EoI document.
In EoI, simplified evaluation criteria can also be used, instead of marking
schemes as mentioned above. A fail-pass, minimum benchmark in each
criteria/ sub-criteria can be specified e.g. Must have past experience of at
least two similar projects; key professionals must have at least seven years’
experience and must have Professional Qualification in relevant field; Firm
must have a turnover of at least Rs 10 (Rupees Ten) Crores and so on. Any
firm which passes these benchmarks is declared as qualified.
6. However, this exercise of scoring is not merely for disqualification of firms below a
threshold, but to establish the relative strengths and weaknesses of the applicants, in order
to arrive at a robust short list of qualified service providers who have the required
experience and qualifications to deliver the required services at the desired level of quality.
7. The short lists shall normally comprise at least three firms (Rule 184 of GFR 2017) but not
more than eight (to avoid inordinate delays in evaluation of subsequent Tender).
Subsequent Tender documents would be issued only to the shortlisted service providers.
8. The evaluation committee may submit its EoI Evaluation report to CA for approval. Tender
Committee format at Annexure 6 can be mutatis-mutandis used for this purpose.
8.2. Single Source Selection (SSS)
1. Selection of service providers through direct negotiations does not provide the benefits of
competition in regard to quality and cost, lacks transparency in selection, and could
encourage unacceptable practices. The reasons for SSS and selection of a particular
service provider must be recorded and approved by the CA as per the delegation of powers
laid down at in DPFR/SoPP, prior to single tendering. Powers of procurement of SSS must
be severely restricted. Therefore, single-source selection shall be used only in exceptional
circumstance, where it is inescapable over competitive selections as discussed in sub-
paras below.
2. When in a Project, continuity for downstream work is essential, the initial Tender document
shall outline this prospect, and, if practical, the factors used for the selection of the service
provider should take the likelihood of continuation into account. Continuity in the technical
approach, experience acquired, and continued professional liability of the same service
provider may make continuation with the initial service provider (subject to satisfactory
146Manual for Procurement of Non-Consultancy Services, 2025
performance in the initial assignment) preferable to a new competition. For such
downstream assignments, the Procuring Entity shall ask the initially selected service
provider to prepare technical and financial proposals on the basis of Services and Activities
Schedule for subsequent services, which shall then be negotiated.
3. If the initial assignment was not awarded on a competitive basis or if the downstream
assignment is substantially larger in value, a competitive process shall normally be
followed in which the service provider carrying out the initial work is not excluded from
consideration if it expresses interest.
4. For selecting a service provider under this method, the Procuring Entity should prepare a
full justification and take the approval of the competent authority as per the Annexure 2:
Schedule of Procurement Powers (SoPP).
5. While selecting the service provider under this method, the Procuring Entity shall ensure
that the service provider has the requisite qualification and experience to undertake the
assignment. Normally the Procuring Entity shall adopt the same short-listing criteria as
applied to similar assignments while evaluating the EoI.
6. Its CFA's (Competent Financial Authority) responsibility to ensure that a statement of all
selections by nominations, every month are to be reported to Secretary/ Head of Ministry/
Department.
8.3. Selection of Individual service providers
1. Individual service providers are normally employed on assignments for which
a) Teams of personnel is not required;
b) No additional outside professional support is required, and
c) The experience and qualifications of the individual is the paramount requirement.
2. The procedures for selecting individual service providers are similar to, but much simpler
than, those for selecting service provider agency. Process of selection of Individual service
providers entails:
a) Preparing a Non-consultancy services package including the Services and Activities
Schedule, time frame, number of person-months, budget, eligibility and qualification
criteria and getting it approved by the CA;
b) Advertising: Advertisement in such case should be given on Central Public
Procurement Portal (CPPP) at www.eprocure.gov.in and on Government e-
Marketplace (GeM). An organisation having its own website should also publish all its
advertised tender enquiries on the website. The advertisements for invitation of tenders
should give the complete web address from where the bidding documents can be
downloaded.
c) Method of Selection: They shall be selected through comparison of qualifications of
at least three candidates among those who have expressed interest in the assignment
or have been approached directly by the Procuring Entity. Capability is judged on the
basis of professional background, experience, and, as appropriate, knowledge of the
local conditions, such as local language, culture, administrative system, and
government organisation. Selection will be carried out by the TC which will award
marks for educational/ professional qualifications and experience and select the most
suitable candidate for the assignment. The TC may also interview candidates and
award marks for their performance in the interview and recommend the remuneration
to be paid.
147Chapter 8: Special Types of Non-Consultancy Procurements
d) Direct Negotiation: Individual service providers may be selected on a direct
negotiation basis with due justification in exceptional cases such as: (a) tasks that are
a continuation of previous work that the service provider has carried out and for which
the service provider was selected competitively; (b) emergency situations resulting
from natural disasters; and (c) when the individual is the only service provider qualified
for the assignment. Individual service providers may be (among others) independent
service providers; service providers recruited from firms; or service providers recruited
from academic, government, or international agencies.
e) Staff or Associates of service provider Firms: If the candidate is permanent staff or
associates of a firm the conflict-of-interest provisions described in these guidelines
shall apply to the parent firm.
8.4. Selection of Specialized Agencies/ Institutions
1. From time to time, Ministries/ Departments may need to recruit a specialized agency or
institution to undertake a specific Non-Consultancy Service, for which it is particularly well
suited. Such agencies may be Government/ Semi-Government Agencies, Universities or
Professional Institutions.
2. In some cases, the agency or institution has access to special expertise or special backup
and support facilities that make it worthwhile considering recruitment on an SSS basis. In
such cases, there must be full justification that the use of SSS is in the best interests of
Procuring Entity.
3. In cases, of Government and semi-Government Agency, SSS would be an appropriate
method of recruitment.
4. Individual service providers recruited from agencies and institutions may be selected in
the same way as any other individual service providers.
8.5. Selection of Non-governmental Organizations (NGO)
1. Non-governmental organizations (NGOs, not-for-profit organisations) may be hired for NC
Services, if they express interest and/ or if the Procuring Entity finds their qualifications
satisfactory. Assignments which emphasize experience in and bonding with grassroot
historically disadvantaged communities, e.g., experience in community participation and
in-depth local knowledge are typically attributed to NGOs and short lists may comprise
NGOs entirely. In this case, the evaluation criteria of proposals should reflect the NGO-
unique qualifications, such as the following:
a) History of work with grassroots communities and evidence of satisfactory performance;
b) Familiarity with participatory development approaches and low-cost technologies;
c) Experienced staff conversant with the cultural and socioeconomic dimensions of
beneficiaries;
d) Committed leadership and adequate management;
e) Capacity to co-opt beneficiary participation.
2. Procuring Entities may select NGOs using SSS, provided the approvals and procedures
laid down for the same are followed. For example, SSS may be adopted to hire a local
NGO for a very small assignment in a remote area where only one NGO is available, and
competition is impractical.
148Manual for Procurement of Non-Consultancy Services, 2025
8.6. Procurement Agents
1. Consultancy or Non-consultancy:
a) Hiring of Procurement agents (PAs) can either be done as a Consultancy Service or
Non-consultancy service, depending on the objectives and scope of assignment.
b) Consultants: If the role of Procurement Agents primarily involves intellectual analysis,
strategic planning, spend analysis, cost control, and advisory functions, it would be
appropriate to hire them as Consultancy Services i.e. when they are asked to design/
implement new system or improve value for money or develop strategic procurement
or carry out market building/ sourcing etc, where quality weightage of more than 30%
is called for.
c) Non-consultancy: On the other hand, if their responsibilities are only outsourcing of
routine procedures without intellectual decision making, classifying them as
outsourcing of Non-Consultancy Services would be suitable, i.e. when they only
operate the existing procedures and crucial decisions are made by the client himself,
where quality weightage can be 30% or less. In such a case please also refer to para
4.6.4 above.
2. Specific Items: Procurement Agents as outsourcing of Non-consultancy services, may be
hired by the Procuring Entity to handle the procurement of specific items and generally
working from their own offices, they are paid a percentage (either fixed or inversely
proportional) of the value of the procurements handled or a combination of a percentage
and a fixed fee. In such cases, they may be selected under QCBS.
3. Outsourcing of Procurement Function: When PAs provide support for whole project in
a specific unit of Procuring Entity, they are usually paid based on the staff-months of effort
provided, and they shall be selected following the appropriate procedures using QCBS
and time-based contracts.
8.7. Inspection Agents
1. Hiring of Inspection agents (IAs) to inspect and certify goods before shipment or on arrival
in the Procuring Entity country, is generally a Non-consultancy service, where their
responsibilities are only operational/ procedural, standardized goods/ commodities,
without intellectual decision making, i.e. when they only inspect within the established
protocols, repetitive work without intellectual inputs where quality weightage can be 30%
or less.
2. Inspection agents may be selected using QCBS. Payment is usually based on a
percentage of the value of goods inspected and certified.
8.8. Housekeeping Services:
In the case of Housekeeping/ cleaning services, GeM platform provides for Options based on
(a) Floor Area wise cleaning and (b) Manpower. Usually, the floor area wise cleaning option
is more cost effective. Accordingly, before a tender is floated, an exercise maybe undertaken
to determine the option, which is considered beneficial for the procuring entity, duly recording
reasons for such decision on file.
149Chapter 8: Special Types of Non-Consultancy Procurements
8.9. Manpower Outsourcing Services79
1. Hiring of manpower through contracts should be avoided to ensure no future legal
problems as these employees may demand regularization afterwards. Even, if employed,
there should be no direct correspondence with such people. Even I-cards should be issued
indicating the person to be representative of the contractor (name of the contractor to be
mentioned).
2. Least Cost System (LCS) should be considered for procurement of Manpower Outsourcing
Service, wherever appropriate, especially in high value cases.
3. In the procurement of Manpower Outsourcing Service, the minimum service charges
(minimum floor price, inclusive of transaction charges) may be fixed as 3.85% (inclusive
of GST). The procuring entities can also fix the service charge above 3.85% with proper
justification on file, wherever required. However, such charges should not exceed 7%
(inclusive of GST) in any case80.
4. There is no bar on award of tenders to lowest bidder, if he has quoted service charges
more than the minimum prescribed service charges81 in the tender document (i.e. 3.85%
to 7%)
5. This stipulation of Minimum floor price is applicable only if standalone Manpower is
procured (not for Manpower plus Materials contracts) that too on the basis of service
charges.
8.10. Private Security Manpower Services
1. Security services offer protection for life and property against theft, pilferage, fire etc.,
safety to manpower, guiding visitors to the premises, regulating entry of unwanted visitors,
salesmen and maintenance of visitors register. This is one of the most frequently
outsourced Non-Consultancy services. The Private Security Agencies (Regulation) Act,
2005 (PSARA) regulates the functioning of private security agencies in India. A PSARA
license and labour licence are required for any person or entity that wants to operate a
private security agency in India. The state government (in which the agency will be
operating) issues these licenses.
2. Due to Operational and administrative reasons, around 60,000 skilled Armed Forces
Personnel (skilled to undertake security guards related duties) are retired (Ex Servicemen
- ESM) every year to maintain a youthful profile of the Armed Forces. Security Agencies
(with ESM Officer as proprietor and other ESM as Security Supervisors/ Guards) are
empanelled for “Provision of Security Services” by (Directorate General Resettlement –
DGR, Department of Ex Servicemen Welfare – DESMW) to facilitates resettlement of
ESM. These agencies have to employ ESMs as security guards/ supervisors in at least
90% of the deployed workforce. DGR monitors these agencies through reports/ returns.
3. The ‘Empanelment Certificate’ by DGR is issued (only to eligible ESMs having labour
licence and PSARA certification in the relevant State) for a duration of five years (05) or
up to the date when ESM Proprietor turns Sixty (60) years whichever is earlier.
79
DoE, MoF’s OM NO.F.6/1/2023-PPD Dt 06/01/2023
80
DoE OM No. 6/1/2023-PPD dated 06.01.2023
81
DoE OM No. 6/1/2023-PPD dated 17.01.2024
150Manual for Procurement of Non-Consultancy Services, 2025
4. DGR empanelled agencies/companies are only eligible through DGR sponsorship. DGR
empanelled agencies / companies are not eligible for participating in the Tender Enquiry
directly i.e. without DGR sponsorship. DGR Sponsored security agencies do not need to
fulfil minimum experience, minimum turnover qualifications.
5. Security Manpower Service for CPSEs is governed by orders from Ministry of Defence82
and Department of Public Enterprise83 (DPE). As per these instructions, CPSEs must avail
Security Services only from DGR empanelled Ex-Servicemen (ESM) Security Service
Providers.
6. Since these services are available on GeM, procurement of these services through
“Security Manpower Service”84 (under the Manpower Resource Outsourcing Service)
functionality on GeM portal becomes mandatory. On this functionality, procuring Entity can
upload their requirements in the web-based format. DGR issues a sponsorship letter to at
least three ESM Service Agencies based their criteria to participate in such requirements
on GeM.
7. Selection of a Service provider is based on the service charges quoted over the minimum
wages. In no case service charges may be negotiated by CPSEs below the rate prescribed
by DGR in its guidelines for empanelment of ESM Security Service Agencies from time to
time (which is upto 10% at present). In the eventuality of all the DGR sponsored Agencies
quoting the same rates, the Procuring Entity shall award the contract to the senior-most
sponsored Agency. The order of seniority of sponsored agencies / private limited
companies / corporation has been indicated in the sponsorship letter”.
8. Rest of details in uploading requirements and finalising the contract are available on the
GeM portal.
8.11. Vehicle Hiring for Office Use
1. Mode of Procurement and Type of Contract: One of the most common outsourcings is
hiring of staff cars for use of the executives. The procurement of vehicles for office use on
a monthly basis shall be carried out as a Rate Contract through an Open Tender Enquiry
(OTE). This type of contract allows the procuring entity to hire vehicles at predetermined
rates for a specified period, ensuring flexibility and cost-effectiveness.
2. Contract Period: The contract will initially be valid for one year, with the possibility of
extension up to two times, contingent on performance and mutual agreement. Include
provisions for early termination, due to unsatisfactory performance.
3. Price Variation Clause (PVC): To account for fluctuations in operational costs, such as
fuel prices and wages, the contract will include a Price Variation Clause (PVC) based on
acceptable indices. This ensures fair compensation for the service provider and continuity
of service in case of significant changes.
4. Bid Design: Appropriate eligibility, qualification, and selection criteria will be defined.
Requirements for vehicle quality, technical specifications, and driver standards will also be
specified. Different car specifications may be outlined for varying purposes. A Service
82
Ministry of Defence OM No.28(3)/2012-D(Res-1) dated 09.07.2012 and No. 28(75)/2020-D(Res-1) dated 13
May 2021.
83
Department of Public Enterprise OM No.DPE-GM-12/0001/2016-GM-FTS-5410 dated 13.09.2018 and No. DPE-
GM-12/0001/2016-GM-FTS-5410 dated 14.02.2019.
84
https://mkp.gem.gov.in/services#!/browse/services_home_manp_se16760331/open
151Chapter 8: Special Types of Non-Consultancy Procurements
Level Agreement (SLA) will be included to define expectations and standards – which may
cover – Uptime requirements; Monitoring and reporting, complaint response, resolution
and escalation; penalties for non-compliance and KPIs.
5. Basis of Payment: Payment for hired vehicles will be based on daily rates, which include
specified working hours per day (e.g., 10 hours) and a set distance (e.g., 100 kilometres
per day), within an overall monthly limit of 3,000 kilometres. Rates for additional overtime
hours or kilometres will also be specified. Additional charges, such as night service fees
for specified hours (e.g., 11 PM to 6 AM), may also be included. Basic monthly charges,
overtime/ night charges will be paid monthly, while payments for extra kilometres will be
processed on a quarterly basis. Any net extra Kms (after adjusting any shortfall Kms)
would be paid off at the end of quarter and any net shortfall in Kms, if any, during the
quarter shall be carried forward to the next quarter.
8.12. Procurement of IT Hardware as a Service (HaaS)
8.12.1. Procurement of Integrated IT Project
Procurement of IT project (refer para 1.4-3-b)), involve considerable intellectual inputs, hence
these should be handled as procurement of Consultancy Services. Such procurements are
done using QCBS selection method with 80%:20% weightages for Quality: Price.
8.12.2. Hardware as a Service (HaaS)
When procuring IT Hardware as a Service (HaaS), the salient Non-consultancy service tender
and evaluation conditions must be clearly defined to ensure compliance, competitiveness, and
value for money. Given that HaaS involves the procurement of hardware on a subscription or
lease basis, with service-level agreements (SLAs) and maintenance, the tender conditions
must address both the hardware and the associated services. Suggested below are some
generic conditions:
1. Scope of Services:
a) Detailed Specifications: Clearly outline the specific IT hardware (e.g., desktops,
laptops, servers, networking cabling/ equipment, UPS etc) required, along with their
configurations and performance standards. Specify what software packages (including
anti-virus and firewall software) would be included and that licence shall be kept valid
during the contract period.
b) Service Components: Define the service components such as installation,
configuration, maintenance, repair/ replacement/ upgradation and dismantling/
removal at the end of contract period.
c) Delivery and Deployment: Specify timelines for delivery, installation, and
commissioning of hardware at specified locations.
d) End-to-End Support: Include help desk, remote support, on-site support, and any
additional managed services required as part of the contract.
e) Training and Knowledge Transfer: Specify requirements for the service provider to train
the procuring entity’s staff on using the hardware, managing configurations, basic
troubleshooting and accessing support services.
f) Security and Compliance Requirements
g) Data Protection: If any data is handled by the hardware or service provider, stringent
data protection clauses must be included, ensuring compliance with relevant Indian
regulations such as the Information Technology Act, 2000 and its associated rules.
152Manual for Procurement of Non-Consultancy Services, 2025
h) Cybersecurity Standards: Specify the required cybersecurity measures and standards
that the service provider must adhere to (e.g., ISO/IEC 27001 certification).
i) Audit Rights: Include clauses allowing the procuring authority to audit the service
provider’s performance, data security, and compliance with the contract at regular
intervals.
j) Risk Management Plan: Require the bidder to submit a risk management plan to
mitigate risks related to hardware failure, service disruptions, or cybersecurity threats.
k) Ownership Model: Clarify that the hardware is provided on a service model (HaaS),
and the ownership and risks remain with the service provider throughout the contract
period.
l) Service provider would keep the hardware insured at his cost.
m) Asset Tracking: Specify requirements for tracking and monitoring hardware assets,
including provisions for upgrading hardware during the contract period.
2. Contract Period:
a) Tenure: Specify the duration of the contract (e.g., 3 years, 5 years), indicating whether
the contract is renewable and under what conditions. In case the Contract is decided
on QCBS basis as per para 7.4.4, a longer contract period may be considered (say
upto 10 years).
b) Exit Clauses: Include provisions for early termination or contract extensions, based on
performance.
3. Service Level Agreement (SLA):
a) Uptime Requirements: Define minimum uptime guarantees (e.g., 99.9% availability)
and penalties for breaches.
b) Response and Resolution Times: Set clear expectations for response times and
resolution times for service requests and hardware issues (e.g., 4-hour response time
for critical failures).
c) Maintenance & Support: Include conditions for periodic preventive maintenance and
replacement of faulty hardware at no additional cost.
d) Monitoring and Reporting: Require regular performance reports from the service
provider regarding hardware functionality, uptime, and SLA adherence.
e) Penalties for Non-Compliance: Define penalties for failure to meet SLA requirements,
delayed delivery, or non-compliance with other terms of the contract. Penalties could
include financial deductions, contract termination, or blacklisting from future tenders.
4. Payment Terms:
a) Subscription Model: Outline the payment model, typically on a monthly or quarterly
subscription basis, with provisions for penalties in case of non-compliance with SLAs.
b) Cost Inclusions: Define the total cost of the service, including hardware, software,
service charges, taxes, transportation, and any other related costs.
c) Milestone-based Payments: Payment may be linked to the achievement of predefined
milestones such as delivery, installation, successful commissioning, periodic payment,
dismantling/ removal at end of contract.
5. Qualification and Evaluation Criteria:
a) Technical Qualification:
i) Experience and Expertise: Bidders must have prior experience in providing IT
Hardware as a Service (HaaS) to government departments or large
enterprises. Minimum of 3 to 5 years’ experience in managing similar contracts.
153Chapter 8: Special Types of Non-Consultancy Procurements
ii) Certifications: Relevant certifications such as ISO 9001 (quality management)
and ISO 20000 (IT service management) may be required to demonstrate
adherence to quality and service standards.
iii) OEM Authorization: If the bidder is not the Original Equipment Manufacturer
(OEM), an authorization letter from the OEM must be submitted to ensure
genuine hardware, warranty, and after-sales support.
b) Technical Evaluation Criteria:
i) Compliance with Specifications: The bidder must meet all hardware
configuration requirements, Service Level Agreements (SLAs), and support
service expectations.
ii) Scalability: The solution must be capable of accommodating future upgrades
or expansions.
iii) Vendor Performance: Past performance, compliance with SLAs, and customer
satisfaction reports will be reviewed.
iv) Demonstrations/PoC: Proof of Concept (PoC) or demonstrations may be
required to assess functionality and performance of the proposed solution.
c) Financial Qualification and Evaluation: Financial Standing: The bidder must
demonstrate strong financial health, with required turnover and profitability over the
last 3 to 5 years, to ensure financial stability for the duration of the contract.
d) Financial Evaluation Criteria: The evaluation will focus on the Total Cost of Ownership
(TCO) over the contract period, including hardware subscription fees, service charges,
penalties, and other associated costs. The Least Cost Selection (L1) method can be
employed, ensuring all technical qualifications are met first. Alternatively, a Quality and
Cost-Based Selection (QCBS) method can be used, where technical parameters and
financial bids are weighted (e.g., 30% technical and 70% financial) to select the best
value proposal.
154Manual for Procurement of Non-Consultancy Services, 2025
Chapter 9: Monitoring Non-consultancy Services Contract
9.1. Contract Management
9.1.1. The Purpose of Contract Management
1. The purpose of contract management is to ensure that the contract delivers the desired
outcomes as per the terms and conditions of the contract. It also ensures that the
payments made to the contractor match the performance. Implementation of the contract
should be strictly monitored, and notices issued promptly whenever a breach of provisions
occurs. Monitoring should ensure that contractor adhere to contract terms, performance
expectations are achieved (such as timelines, quality of outcomes, discharge of Service
Provider’s contracted obligations, and so on) and any problems are identified and resolved
in a timely manner. Without a sound monitoring process, there can be no assurance that
“we get what we pay and contract for and pay for only for what we get.”. Normally, the
following issues are handled in management of Services Contracts:
a) Contract Administration:
i) Issuing the notice to proceed;
ii) Meetings and Reviews
iii) Amendments/ variations to the contract;
iv) Obligations Control: Monitoring that key experts and contracted resources are
actually employed.
v) Safeguards for handing over Procuring Entity materials/ equipment to
contractors;
vi) Resolving problems faced by service providers;
vii) Dispute resolution and arbitration;
viii) Breach of contract, remedies, and termination of services prior to the end of the
contract;
ix) Contract closure upon completion;
b) Scope Control and Quality Assurance:
i) Deciding on possible modifications to scope of work and issuing contract
variations;
ii) Monitor that all services are delivered as per contract.
iii) Quality assurance: Review quality of outcomes at inception phase, mid-term
and final phase.
iv) Service Level Agreement (SLA) monitoring.
c) Time Control: Monitoring progress and delays in timelines/ milestones of assignment;
d) Cost Control:
i) Billing, payment and monitoring the expenditure vis-à-vis progress;
ii) Release of final payment and guarantees (if any) and closing the contract;
e) Post contract evaluation:
2. Due to lack of physically/ tangibly measurable outcomes in Services contracts, intense and
continuous monitoring of the Contract by the Procuring Entity is essential for the success
of the assignment. Suitable provision for this should be made in the contracts which should
also take care of the need to terminate/ penalize the Service provider or to suspend
payments till satisfactory progress has not been achieved. A Contract Monitoring
Committee (CMC) shall be formed by the Procuring Entity to monitor the Contract. The
155Chapter 9: Monitoring Non-consultancy Services Contract
Procuring Entity should also designate a counterpart Project Manager with adequate
technical qualification, managerial experience, and power and authority as the nodal
person to interact with the service provider’s team. A system of reporting may be
developed so that a statement covering all ongoing Service contracts may be submitted
within the Department in detail, so as to enable Management by Exception based on
various Risk and Mitigation strategies pointed out at relevant process milestones in this
manual. (Rule 195 of GFR 2017).
9.1.2. Contract Monitoring Committee – (CMC)
1. Rule 205 of GFR 2017 enjoins that the Ministry or Department be involved throughout the
conduct of the contract and continuously monitor the performance of the contractor. The
Procuring Entity shall constitute a CMC comprising at least three members at the
appropriate level, including the user's representative, after the selection procedure is over
for monitoring the progress of the contract. If considered appropriate, the Procuring Entity
may select all or any of the members of TC as members of CMC. The Procuring Entity
may also include individual experts from the government/private sector/
educational/research institute or individual service providers in the CMC. The cost of such
members, if any, shall be borne by the Procuring Entity. The CMC shall be responsible for
monitoring the progress of the assignment, to oversee that the assignment is carried out
as per the contract, to assess the quality of the services, to accept/reject any part of
assignment, to levy appropriate liquidated damages or penalty if the assignment is not
carried out as per the contract and if the quality of services is found inferior and for any
such deficiency related to the completion of the assignment.
2. For the assignments which are very complex and/or are of highly technical nature, the
Procuring Entity may decide to appoint another qualified Consultant to assist the CMC in
carrying out its functions.
9.2. Contract Administration
9.2.1. Issuing Notice to Proceed, Kick-off Meeting and Pre-requisites.
1. A notice to proceed is required to initiate Non-consultancy services. It is normally issued
as soon as possible after the contract has been signed. After the issuance of the notice to
proceed, the contract normally commences upon the arrival of the service provider team’s
members at the premises for the Procuring Entity, if so required under the description of
services.
2. A kick-off meeting is held, where the parties discuss and make sure that they are on same
page as far as the outcomes and the contract management issues are concerned. The
Procuring Entity and the service provider agree on reporting and monitoring. Schedule of
meetings and reviews are also laid down during this discussion.
3. Before issuing notice to proceed, the Procuring Entity and the service provider should
check that all pre-requisites for the contract execution are in place:
a) Supervising/monitoring arrangements (including CMC) are in place;
b) Procuring Entity’s counterpart staff (including counterpart project manager) are
nominated and are available;
c) Facilities to be provided by the Procuring Entity as per the contract are ready for use
by the service provider;
d) All parties involved in the assignment (users, security team and other relevant
departments) are informed;
156Manual for Procurement of Non-Consultancy Services, 2025
e) All key personnel needed at the beginning of the assignment are effectively engaged
in the assignment as required by the Contract;
f) Guarantees and advance payments, if any, are implemented;
g) All authorisations (if needed) are provided.
9.2.2. Review of Inception Phase:
For more complex services, the work is divided into phases, of which one of the most critical
is the inception phase. The inception phase covers the submission and review of the work
plan with the Procuring Entity, and the initiation of the field work. The service provider shall
submit to the Procuring Entity for approval a Program showing the general methods,
arrangements, sequencing, and timing for all activities. The Services shall be carried out in
accordance with the approved Program as updated. Resulting from the factual study of ground
situation by the service providers, following issues will need resolution at end of the inception
phase:
a) Overall, Scope of Work;
b) Work Plan and Staffing Schedule;
c) Specific Activity Schedule
d) Access to Professional and Logistic Support;
e) Working Arrangements and Liaison
9.2.3. Reporting and Monitoring of Progress
1. Monitoring of Contract should ensure that service provider s adhere to contract terms,
performance standards are achieved (such as timely deliverables, service outputs/ outcomes,
adherence to the proper procedure for submitting invoices, and so on), and any problems are
identified and resolved in a timely manner. Without a sound monitoring process, there can be
no assurance that the buyer has received what was contracted and is paying only for what is
received. A sound system for monitoring the performance of the service provider s in a contract
would also be useful in selecting a good service provider for future procurement of the same
or similar materials. Implementation of the contract should be strictly monitored, and notices
should be issued promptly whenever a breach of provisions occurs.
2. Monitoring of progress: The timing, nature, and number of reports that the service
provider should provide are normally contained in the service contract. If the assignment is of
a routine nature over a long period (for example, housekeeping services), then monthly,
quarterly, and annual progress reports may be required. On the other hand, if the assignment
is to implement a particular task, a more specific type of reporting may be required.
Shortcomings in the quality of the work produced or deviations from the implementation
schedule should be brought to the immediate attention of the CA, so that they can be
addressed at the earliest opportunity.
3. Costs of Delays in Contract Management Decisions: Payments and decisions in
contract management requested by the contractor s should be made within a reasonable time.
An atmosphere of lackadaisical dilatory functioning in such matters is liable to lead to bidders
quoting higher prices in future bids, besides delays in services and disputes in the contract.
4. Monitoring Physical Outputs/ Outcomes: Especially in Non-consultancy services,
progress of physical outcomes/ outputs has also to be monitored. There should be a stipulation
in the contract for large value contracts (magnitude to be specified), for the Service Provider
to submit project specific monthly progress report of the contract in a computerized form
(Management Information System Reports– MIS reports). The progress report shall contain
the following apart from whatever else may be required to be specified:
157Chapter 9: Monitoring Non-consultancy Services Contract
a) Project information, giving the broad features of the contract.
b) Introduction, giving a brief scope of the work/ Services and Activities Schedule under the
contract.
c) Progress of assignment through a bar chart for the next three quarters for as may be
specified, showing the milestones, targeted tasks and up to date progress.
d) Progress chart of the various components of the assignment that are planned and
achieved, for the month as well as cumulative up to the month, with reasons for deviations,
if any, in a tabular format.
e) Plant and machinery statement, indicating those deployed, and their working status.
f) Man-power statement, indicating individually the names of all the key-staff. Monthly or
fortnightly progress review by engineer and Procuring Entity with contractor may be
necessary to ensure that contractor deploys sufficient resources to meet the deadlines.
g) Financial statement, indicating the broad details of all the running account payments
received up to date, such as gross value of work done, advances taken, recoveries
effected, amounts withheld, net payments, details of cheque payments received, etc.
h) A statement showing the variations/ change requests submitted by the contractor, and the
payments received against them, broad details of the bank Guarantees, indicating clearly
their validity periods, broad details of the insurance policies taken, if any, the advances
received and adjusted from the department, etc.
i) Progress photographs/ videography, in colour, of the various items/ components of the
service outputs/ outcomes up to date, to indicate visually the actual progress of the
contract. Use of Geotagging (adding geographical metadata - latitude and longitude
coordinates) in photos, videos, reports, may help in monitoring physical progress on the
ground. Such information would also be useful later during use of such facilities.
j) Quality assurance and quality control tests conducted during the month, with the results
thereof.
k) Any hold-up shall be specified.
l) Dispute, if any, shall also be highlighted.
5. Monitoring a Time-based Contract: The performance of a time-based contract may
depend on the progress in other contracts. In such situations, the mobilisation and
demobilisation of resources/ key experts and time employed by them should be mobilised and
monitored carefully. These situations could lead to claims and disputes.
6. Monitoring a Lump-sum Contract: As Lump-sum contract is based on output and
deliverables, it is important that the quality of services is checked carefully before release of
stage payment as subsequent dispute after completion of the task could lead to disputes. In
this form of contract, if there are extra additional services, there should be timely amendment
to the contract to reflect these increases and to regulate payment. In general, in a lump-sum
contract, the increase should not be more than 10-15 (ten to fifteen) per cent.
9.2.4. Issuing Contract Amendments/ Variations
1. The formal method of making and documenting a change in the Non-consultancy
services contract is through a contract variation. There are few Non-consultancy services
contracts of any type that do not require a contract variation at one time or another. Contract
variations are issued when there are agreed-upon changes in the scope of work, personnel
inputs, costs, timing of the service delivery, or out-of-pocket expenditures. Normally, these
relate to changes that have a cost implication, but when there is a significant change in the
158Manual for Procurement of Non-Consultancy Services, 2025
timing of an activity or a particular output, these should also be recorded through a contract
variation. No amendment to the contract should be made that can lead to a vitiation of the
original tender decision or bestow an undue advantage on the contractor. Where it becomes
necessary/ inescapable, any modification shall be carried out with the prior approval of the
CA.
2. Variation of the contract can be done only with the consent of both parties, except for
those changes for which right of Purchaser for suo-moto amendment (i.e. penalties etc.) is
reserved in the Contract. Normally, the request for contract variation is prepared by the service
provider and submitted to the Procuring Entity. However, these can also be initiated by the
Procuring Entity, suo-moto. If the contractor does not raise objections within 14 days to any
suo-moto modifications/ amendments made by the Procuring Entity, it shall be assumed that
the contractor has consented to the amendment.
3. To take care of any change in the requirement during the contract period, there could
be situations wherein variations in the scope of work becomes necessary. These situations
should be dealt with objectivity and fairness and should not be considered to unduly push the
vendor to undertake work or take risks which was not explicitly communicated in the tender
document. At the same time the vendor should not consider this as an opportunity to unduly
charge the Procuring Entity due to lack of available options. Generally, the value of the change
request should not be more than plus/minus 15 (Fifteen) per cent. The Tender document
should contain detailed mechanism through which such change requests would be carried
out. The decisions of CMC (both technical as well as financial) should be considered as final.
Wherever variation is done through such a committee, all the members should sign the
minutes of the recommendations.
4. No amendment shall be binding on the Procuring Entity unless and until the same is
written and signed/ authorised by a competent authority.
5. Any amendment to the contract may have, inter alia, financial/technical/legal
implications. The indentor may be consulted regarding the technical implications. Associated/
integrated Finance’s concurrence should be obtained before issuing any amendment that has
financial implications/repercussions. Further, if considered necessary, legal opinion may also
be sought.
9.2.5. Obligations Control:
1. Unsatisfactory Performance by Personnel: Poor performance may involve one or more
particular staff from the service provider’s team, or the whole team or non-participation by
the main qualifying consortium/ JV member. Based on the provisions of the contract, the
Procuring Entity will advise the service provider to take the necessary measures to address
the situation. Poor performance should not be tolerated; therefore, the service provider
should act quickly to comply with a reasonable request to improve the performance of the
team or to replace any particular staff member who is not performing adequately. If the
service provider fails to take adequate corrective actions, the Procuring Entity may take
up the issue with the top management of the service provider and issue notice to rectify
the situation and finally consider terminating the contract.
2. Changes in Constitution/ Financial Stakes: The Contractor must proactively keep the
Procuring Entity informed of any changes in its constitution/ financial stakes/
responsibilities during the execution of the contract since that may vitiate the legal basis
of the Contract. Where the contractor is a partnership firm, the following restrictions shall
apply to changes in the constitution during the execution of the contract:
159Chapter 9: Monitoring Non-consultancy Services Contract
a) A new partner shall not be introduced in the firm except with the prior consent in writing
of the Procuring Entity, which shall be granted only upon execution of a written
undertaking by the new partner to perform the contract and accept all liabilities incurred
by the firm under the contract before the date of such undertaking.
b) On the death or retirement of any partner of the contractor firm before the complete
performance of the contract, the Procuring Entity may, at his option, terminate the
contract for default as per the Contract and avail any or all remedies thereunder.
c) In case the contract not terminated as provided in Sub-para (b) above,
i) the remaining partners should give a written undertaking to perform the contract
and accept all liabilities (including those of the expired/ retired partner) incurred
by the firm under the contract before the date of such an event.
ii) notwithstanding the retirement of a partner from the firm, that partner shall
continue to be liable under the contract for acts of the firm until a copy of the
public notice given by him under Section 32 of the Partnership Act, has been
sent by him to the Procuring Entity in writing or electronically.
3. Obligation to Maintain Capability- Key Personnel, Critical Equipment: The contract is
awarded to the contractor based on specific “Capability- Key Personnel and critical
Equipment”. Such capability needs to be sustained during the contract period, for its
smooth execution and performance. The Contractor is contractually bound to maintain
such capability during the execution of the contract. Any change that would impact the
performance and execution of the contract, should be proactively brought to the notice of
the Procuring Entity within 7 days of it coming to the Contractor’s knowledge. These
changes include but are not restricted to change regarding any declarations in this regard
made by it in its bid. Contractor should also indicate remedial measures he is taking in this
regard, and how he proposes to ensure smooth execution of contract.
4. Deployment of Resources and Penalty for Absence:
a) Service Provider must deploy the contracted resources, maintaining adequate records
of attendance and audit trails.
b) The service provider shall be liable for all kinds of dues payable in respect of all
personnel provided under the contract and the Procuring Entity shall not be liable for
any dues for availing the services of the personnel. The service provider should ensure
that persons to be deployed are not alcoholic, drug addict and not indulge in any
activity prejudicial to the interest of the Procuring Entity. The service provider shall
ensure to get the Police verification for all the manpower deployed by them and the
contractor should ensure that the manpower deputed should bear good moral
character.
c) Penalty for absence: In the case of absence (apart from allowed leaves) of a resource
during project period, no payment will be made for the days a resource is absent (Daily
wage will be calculated by dividing man month rate by number of working days in that
month). In addition, a penalty (say 5% of the daily wage) per working day per resource
will be levied on such absence. Fraction of a day in reckoning period in supplies shall
be eliminated if it is less than half a day. Penalty would be deducted from the applicable
payments.
5. Obligations regarding Permits, Approvals and Licenses: Contractor must obtain and
keep current all permits, approvals and licences that are needed as per law for delivery of
services.
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6. Avoiding Conflict of Interest: Neither the contractor nor its Subcontractors nor the
Personnel shall engage, either directly or indirectly, during the term of this Contract, any
business or professional activities in India that would conflict with the activities assigned
to them under this Contract and after the termination of this Contract, such other activities
as may be stipulated in the contract.
7. No Assignment/ Sub-contracting: The contractor shall not, save with the previous
consent in writing of the Procuring Entity, sublet, transfer, or assign the contract or any
part thereof or interest therein or benefit or advantage thereof, in any manner whatsoever.
He shall notify the Procuring Entity in writing, all sub-contracts awarded under the contract,
if not already stipulated in the contract, in its original bid or later. Such notification shall not
relieve the contractor from any of its liability, or obligation under the terms and conditions
of the contract. Sub-contract shall be only for bought out items and incidental Works/
Services. Sub-contracts must comply with and should not circumvent Contractor’s
compliance with its obligations. If the Contractor sublets or assigns the contract or any part
thereof without such permission, the Procuring Entity shall be entitled, and it shall be lawful
on his part, to treat it as a breach of contract and avail any or all remedies thereunder.
8. Indemnifying Procuring Entity regarding Intellectual Property (IPR): All deliverables,
outputs, plans, drawings, specifications, designs, reports, and other documents and
software submitted by the contractor under this Contract shall become and remain the
property of the Procuring Entity and subject to laws of copyright and must not be shared
with third parties or reproduced, whether in whole or part, without the Procuring Entity’s
prior written consent. The contractor shall, not later than upon termination or expiration of
this Contract, deliver all such documents and software to the Procuring Entity, together
with a detailed inventory thereof. The contractor shall indemnify the Procuring Entity
against any breach of third party’s IPR. The Contractor (and its allied firms) shall maintain
confidentiality and secrecy of Procuring Entity’s information provided to it (or that it comes
across during execution of Contract).
9. Performance Security:
a) The Contractor must maintain the Performance Security of the required amount in
specified format during the currency of the Contract. In the event of any amendment
issued to the contract, the contractor shall furnish suitably amended value and validity
of the Performance Security in terms of the amended contract within twenty-eight days
of issue of the amendment.
b) If the contractor during the currency of the Contract fails to maintain the requisite
Performance Security, it shall be lawful for the Procuring Entity at its discretion at its
discretion to either terminate the Contract for breach of contract and avail any or all
contractual remedies, or without terminating the Contract, recover from the contractor
the amount of such security deposit by deducting the amount from the pending bills of
the contractor under the contract or any other contract with the Procuring Entity or the
Government or any person contracting through the Procuring Organisation or
otherwise.
c) The Procuring Entity shall be entitled, and it shall be lawful on his part, to deduct from
the performance securities or to forfeit the said security in whole or in part in the event
of:
i) any default, or failure or neglect on the part of the contractor in the fulfilment or
performance in all respect of the contract under reference or any other contract
with the Procuring Organisation or any part thereof;
161Chapter 9: Monitoring Non-consultancy Services Contract
ii) for any loss or damage recoverable from the contractor which the Procuring
Entity may suffer or be put to for reasons of or due to above defaults/ failures/
neglect;
iii) and in either of the events aforesaid to call upon the contractor to maintain the
said performance security at its original limit by making further deposits,
provided further that the Procuring Entity shall be entitled, and it shall be lawful
on his part, to recover any such claim from any sum then due or which at any
time after that may become due to the contractor for similar reasons.
d) The performance security should be refunded to the contractor without interest, after
he duly performs and completes the contract in all respects but not later than 60(sixty)
days of completion of all such obligations including the warranty under the contract.
No claim shall lie against the Procuring Entity regarding interest on cash deposits or
Government Securities or depreciation thereof. Return of Bid/ Performance Securities
should be monitored by the senior officers and delays should be avoided. If feasible,
the details of these securities may be listed in the e-Procurement Portal/ website of the
Procuring entity, to make the process transparent and visible.
10. Obligations under the Labour Codes and Rules: The Contractor is solely responsible
for its obligation under Labour Codes and Rules relating to personnel deployed by it on-
site or off-site for execution of the contract. However, the procuring entity should pro-
actively monitor that such obligations are discharged by the contractor. Contractor shall
be asked to submit relevant reports and returns.
11. Obligations Relating to Occupational Safety, Health, Working Conditions, Social
Security, and Industrial Relations Requirements: Contractor is legally bound to comply
with statutory requirements regarding accommodation, Creche, safety, Hygiene, Health
and Medical facilities, Government Welfare Schemes, etc. He shall be asked to maintain
adequate records in this regard. The Procuring Entity shall proactively monitor that such
obligations are discharged.
12. Obligations relating to Site, Environmental Laws, and Third Parties: The Contractor
has obligations regarding safety and security of the site used by him. He has to comply
with laws relating to environment at the site. He also is liable for any injury/ damage to
third party personnel and properties as a result of his activities at the site.
13. Obligations to Maintain Insurances: Contractor must maintain Insurance cover at his
own cost against all such risks as mentioned in the contract. Procuring Entity has to ensure
that these Insurance Cover are adequate and current during the contract execution.
9.2.6. Incentives for Excellence in Contract Execution
Procuring Entities are encouraged to explore strategies (such as offering bonuses, improved
ratings, or recognition) that may incentivize contractors, service providers and consultants for
early, timely, and quality completion of projects.
9.2.7. Safeguards for Handing over Procuring Entity Materials/Equipment to
Contractors
For performance of certain contracts, Procuring Entity may have to loan stores, drawings,
documents, equipment, and assets (such as accommodation, identity cards and gate passes,
and so on) to the contractor. In certain situations, the contractor may also be supplied
electricity, water, cranes, and weighing facilities on payment/hire basis. Whenever stores or
prototypes or sub-assemblies are required to be issued to the firm/contractor for guidance in
162Manual for Procurement of Non-Consultancy Services, 2025
fabrication, these should be issued against an appropriate bank guarantee. In addition to the
bank guarantee, appropriate insurance may be asked for if it is considered necessary. For low
value items of less than Rs. 1,00,000 (Rupees One Lakh), or for sending spares for repairs to
the OEMs, this stipulation of the bank guarantee may be waived and, if feasible, an indemnity
bond may be taken. The Contractor shall use such property for the execution of the contract
and no other purpose whatsoever. These assets shall remain the property of the Procuring
Entity, and the contractor shall take all reasonable care of all such assets. The contractor shall
be responsible for all damage or loss from whatever cause caused while such assets are
possessed or controlled by the contractor, staff, workers, or agents. As a measure of
transparency, the possibility of provision of such resources by Procuring Entity should have
been announced in the tender document or at least requested by the contractor in the tender
and written in the contract. Before the final payment or release of PBG/SD, a certificate may
be taken from the concerned Department that the contractor has returned all documents,
drawings, protective gear, material, equipment, facilities, and assets loaned, including all ID
cards and gate passes, and so on, in good condition. Further, it should be certified that
payment from the contractor has been received for usage of electricity, water, crane,
accommodation, weighing facility, and so on.
9.3. Controlling Scope of Supply and Performance Standards
9.3.1. Scope of Services
1. The Contractor must perform/ delivery Services of the description, scope/ quantum,
performance standards and quality outlined in the contract during the contract Period
specified therein. The Services shall conform to performance and quality standards as
stipulated in the contract or as per the best standards in the market, where not so specified.
The Services shall include all incidental works/ Goods, and such other work-elements not
mentioned explicitly in this Contract, but that can be reasonably inferred from the Contract
as being required for attaining Completion of the Services.
2. The contractor shall perform the Services and its obligations with all due diligence,
efficiency, and economy, observing sound management practices, and employ
appropriate advanced technology and safe methods as per the performance standards
and quality control parameters stipulated in the contract. For matters where the contract
does not specify any Standard, the Services delivered shall conform to National/
International Standards or generally accepted professional techniques and practices.
9.3.2. Performance Standards - Quality Control
1. The Procuring Entity shall monitor the quality of the Services and shall inspect the
contractor’s performance according to the Contract. The Procuring Entity shall promptly
notify the contractor of any identified defects, requesting the correction of the notified
defect within a reasonable time.
2. If the contractor has not corrected notified defect within the time stipulated in the Procuring
Entity’s notice, the Procuring Entity shall assess the cost of having the defect corrected.
Without prejudice to any of its other remedies under this Contract or applicable law,
procuring Entity shall be legally entitled to deduct such cost from the contract’s payments,
together with the damages for the shortfall in performance as per clause below.
3. Damages for Shortfall in Performance: Procuring Entity’s shall, without prejudice to
other rights and remedies under the contract, recover as damages for the shortfall in
performance, but not as a penalty, 0.5% percent (or any other percentage prescribed) of
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the delivered price (including elements of GST & freight) of the defective Services, without
having to prove actual loss incurred.
9.3.3. Service Level Agreement (SLA)
1. A service level agreement (SLA) is an agreement designed to create a common
understanding about services, priorities and responsibilities, improve communications,
manage expectations, clarify responsibilities and build the foundation for a win-win
relationship. It must be specified in the bidding Document and finalised before the Services
are started. The objectives of SLA are:
a) Identify and define the Procuring Entity’s needs;
b) Eliminate unrealistic expectations on either side;
c) Provide a framework for understanding between the service provider and the Procuring
Entity;
d) Reduce areas of conflict and encourage dialog in the event of disputes
2. While drafting the SLAs, care should be taken that they are balanced to both the
contracting parties and penalties are proposed on both the sides.
3. SLA has two sets of elements:
a) Service elements
i) the services to be provided (and perhaps certain services not to be provided, if
Procuring Entity might erroneously assume the availability of such services);
ii) conditions of service availability;
iii) service standards, such as the timeframes within which services will be
provided
iv) the responsibilities of both parties
v) escalation procedures in case of performance deficiencies
b) Management elements
i) how service effectiveness will be tracked
ii) how information about service effectiveness will be reported and addressed
iii) how service-related disagreements will be resolved
iv) how the parties will review and revise the SLA- Conditions warranting change;
Change frequency and Change procedures
9.4. Time Control
9.4.1. Contract Period and Options:
1. Unless otherwise stipulated in the contract, the contract Period for which the Service shall
be provided shall be one year from the effective date of the contract, unless completed
earlier or terminated as per the contract.
2. If stipulated in the contract, the Procuring Entity shall have the right to exercise the
following options, by written notification to the contractor no later than thirty (30) days
before Contract end:
a) extend the contract Period only once (unless otherwise stipulated in the contract) by
four months period (unless otherwise stipulated in the contract).
b) increase the ordered quantum of Services upto the percentage specified therein (or
25% if not specified) at any time, till the completion date of the contract, by giving
reasonable notice and providing a reasonable extension in delivery period for
164Manual for Procurement of Non-Consultancy Services, 2025
increased quantum, even though the quantum ordered initially has been delivered in
full before the completion Period.
9.4.2. Delays in Performance of Services:
1. Service Provider shall be required to adhere to the delivery schedule (including any
incidental Work/ Goods) specified in the Contract (or as extended) and, if there is a delay
in performance of services, it amounts to breach of contract, since ‘Time is the Essence of
the Contract’. The service provider should notify the Procuring Entity and explain the
causes of such delays. Non-consultancy services may be delayed for a variety of reasons,
including sometimes delays in discharge of its obligations by the Procuring Entities.
2. Delays Attributable to the Service Provider: In case of delays in performance of
services (including delay in rectification of a defective service within the time specified in
the Procuring Entity’s notice) attributable to the Service Provider, the Procuring Entity may
without prejudice to his other rights:
a) recover from the contractor liquidated damages as per para 9.4.6 below, or
b) treat the delay as a breach of contract as per para 9.8.1 below and avail all the
remedies therein, although it is in purchaser’s interest to resort to this provision only
as a last resort, in case of inordinate delays.
3. Delay in Performance for which Service Provider is not Responsible:
a) In cases where there is a delay for which the Service Provider is not responsible, the
delivery period needs to be re-fixed without imposing any penalty (i.e. without LD and
without a denial clause). If corrective action requires extra work and the delay cannot
be attributed to the service provider, the extra work should be reimbursed in
accordance with the contract. Normally, in the following circumstances, the Service
Provider may not be considered to be responsible for the delay:
i) Cases where the Service Provider is dependent on the approval/ decision of
the Procuring Entity, and the delay occurs in such approval/ decision, though
requested by the Service Provider in time;
ii) Where extension in the delivery period is granted on account of some omission
on the part of the purchaser, which affects the due performance of the contract
by the Service Provider,
iii) Cases where the service delivery has been affected by Force Majeure or
statutory change or specific executive instructions issued by Govt.
b) There may be delays for which both buyer and contractor may be responsible to a
different extent. In such cases, the levy of LD and Denial clause may be decided on
merits.
4. Inordinate Delays: Inexcusable delays of more than one-fourth (25%) of the total
completion period shall be treated as inordinate delays. Such inordinate delays may be
treated as breach of contract and shall be noted as deficient performance and be held
against the contractor in future tenders. A show-cause notice shall be issued to the
contractor before declaring it a deficient performance. In case Procuring Entity decides to
allow performance of contract, after inordinate delays, maximum limit on LD shall be 10%
(instead of 5%) of the total contract value, as per para 9.4.7-1 and 9.4.9 below.
9.4.3. Extension or Refixation of Delivery
1. If at any time during the currency of the contract, the service provider encounters
conditions hindering timely delivery of services, he shall promptly inform the concerned
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officer in writing. He should mention its likely duration and make a request for extension of
the schedule accordingly. On receiving the contractor’s communication, the procuring
entity shall examine whether the delay is attributable to the contractor or not (Please refer
to para 9.4.2 above).
2. Refixation of Delivery: In case the delay is not attributable to the service provider (or in
case of Force Majeure) the proposal (refer to Annexure 17) and, on approval from the CA,
may agree to re-fix delivery period (i.e. a fresh delivery period, treated like original delivery
period), which is arrived at by recasting the original contractual delivery period after taking
care of the lost period for which the service provider was not responsible, without LD and
without the denial clause (as defined in Para 9.4.5 below), for completion of the
contractor’s contractual obligations.
3. Extension of Delivery: In case the delay is attributable (fully or partly) to the service
provider the proposal (refer to Annexure 17) and, on approval from the CA, may agree to
extend the delivery schedule, with LD and with the denial clause (as defined in Para 9.4.5,
9.4.6 and 9.4.7 below), for completion of the contractor’s contractual obligations, provided:
a) That a higher rate in the original tender was not accepted against other lower
quotations in consideration of the earlier delivery; and
b) That there is no falling trend in prices for this item as evidenced from the fact that, in
the intervening period, neither orders have been placed at rates lower than this
contract, nor any tender been opened where such rates have been received even
though the tender is not yet decided. In cases of certain raw material supplies, where
prices are linked to the PVC, extension may be granted even in case of a falling trend
in price indices, since the purchaser’s interests are protected by the price variation
mechanism. However, in such cases it should be ensured that extensions are done
with the denial clause.
4. Extension/ Refixation of time after its expiry: The power to extend the time for
performance under Section 63 of the Indian Contract Act is not inherently limited to
extensions granted before the original deadline. It can be exercised even after the
stipulated time has passed, provided there is consent from both parties. The contract does
not automatically terminate upon the expiry of the initial delivery date, if there is a shared
intention to continue the contractual relationship and fulfil the obligations, albeit under a
revised timeline. Therefore, such extension/ refixation of time can be done, even after
expiry of original period, provided consent of the contractor is obtained. However, it is
prudent to formalize the extension before the original delivery period expires, to avoid any
arguments about the contract's validity or of extension of time after the initial deadline.
5. Extension/ Refixation of the delivery date amounts to amendment of the contract. Such
an extension/ refixation can be only done with the consent of both parties (that is, the
procuring entity and service provider). No extension/ refixation of the delivery date is to be
granted suo motu unless the contractor specifically asks for it. However, in a few cases, it
may be necessary to grant an extension/ refixation of the delivery period suo motu in the
interest of the administration. In such cases, it is legally necessary to obtain clear
acceptance of the extension/ refixation letter from the contractor.
6. No correspondence should be entered into with the contractor after expiry of the contract
delivery period or towards the end of it, which has the legal effect of condoning the delay/
breach of contract. When it is necessary to obtain certain information regarding past
services, it should be made clear that calling for such information is not intended to keep
the contract alive and that it does not waive the breach and that it is without prejudice to
166Manual for Procurement of Non-Consultancy Services, 2025
the rights and remedies available to the purchaser under the terms of the contract. The
last line of such a communication should therefore be: “This letter is issued without any
prejudice to Procuring Entity’s rights and remedies under the terms and conditions of the
subject contract and without any commitment or obligation.” A format for such
correspondence is given in Annexure 19.
7. When it is decided to extend the delivery period subject to recovery of LD for delay in
services, contractors must be given a warning to this effect in writing at the time of granting
extensions. It is not correct to grant extensions without any mention of the LD if it is
proposed to recover such charges eventually. It is also not correct to grant an extension
of the delivery period by merely stating that the extension is granted “without prejudice to
the rights of the purchaser under the terms and conditions of the contract” as this would
mean that all the options given in the conditions of the contract would be available to the
purchaser on expiry of the extended delivery period and would not amount to exercise of
the option to recover LD. To take care of complex legalities brought out above, extension
of the delivery period when granted should only be done in writing in the laid down format
given in Annexure 18.
8. Organisations may put in place a graded authority structure whereby extension of time for
completion of contract, beyond a specified threshold value of contract, may be granted by
the next higher authority.
9.4.4. Performance Notice
A situation may arise where the services has not been completed within the stipulated period
due to negligence/ fault of the service provider; however, the contractor has not made any
request for extension of the delivery period, but the contracted services are still required by
the purchaser and the purchaser does not want to cancel the contract at that stage. In such a
case, a performance notice (also known as notice-cum-extension letter) may be issued to the
contractor by suitably extending the delivery date and by imposing LD with denial clauses, and
so on, along identical lines as in para 9.4.3 above. The contractor’s acceptance of the
performance notice and further action thereof should also be processed in the same manner
as mentioned above. The text of the performance notice will be on similar lines to the Annexure
19.
9.4.5. Denial Clause
If delay in services is attributable to the contractor, the procuring entity should protect itself
against extra expenditure during the extended period by stipulating a denial clause (over and
above levy of LD) in the letter informing the contractor of extension of the delivery period. In
the denial clause (applicable for delays attributable to contractor), any increase in statutory
duties and/ or upward rise in prices due to the PVC clause and/ or any adverse fluctuation in
foreign exchange are to be borne by the contractor during the extended delivery period, while
the purchaser reserves his right to get any benefit of a downward revisions in statutory duties,
PVC, and foreign exchange rate. Thus, in cases of delays attributable to contractor, PVC,
other variations and foreign exchange clauses operate only during the original delivery period
of the services. The format of the denial clause is available in Annexure 18.
9.4.6. Liquidated Damages (LD)
Compensation of loss on account of late delivery (actually incurred as well as notional) where
loss is pre-estimated and mutually agreed to is termed as Liquidated Damages (LD). Law
allows recovery of pre-estimated loss provided such a term is included in the contract and
there is no need to establish actual loss due to late services. However, it would strengthen
167Chapter 9: Monitoring Non-consultancy Services Contract
Procuring Entity’s rights, if it is established and kept on record, that inconvenience and loss
has been caused due to the delay in services, though the loss cannot be exactly quantified,
and hence liquidated damages are applicable as a genuine pre-estimate of the loss.
9.4.7. Quantum of LD
1. While granting extension of the delivery period for delays attributable entirely to the
contractor , where the delivery of services or any activity thereof is accepted after expiry
of the original delivery period, the Procuring Entity may recover from the contractor, as
liquidated damages for each week of delay or part thereof until actual delivery or
performance, but not as a penalty, a sum equivalent to the 0.5% (half per cent, or any
other percentage if prescribed) of the value of delayed portion (that includes variations,
taxes and duties) of the Services, subject to a maximum of 5% (Five per cent) of the total
contract value. Besides liquidated damages during such a delay, the denial clause shall
also apply. The Procuring Entity may deduct liquidated damages from payments due to
the contractor. Payment of liquidated damages shall not affect the contractor’s liabilities.
For purpose of GST, LD should be shown as deduction on the invoice value by the
contractor.
2. In contracts governed by any type of variation (PVC, ERV or statutory variations), LDs (if
a percentage of the price) will be applicable on the price as varied by the operation of the
PVC.
3. In case of delays for which both procuring entity and contractor may be responsible to a
different extent, procuring entity with the approval of CA and concurrence of finance decide
a lower quantum of LD, and consider waiver of denial clause on the merit of the case.
4. LDs accrue only in case of delayed services. Where or as far as no services have been
delivered under a contract, upon cancellation, recovery of only the loss occasioned by
breach of contract can be made, notwithstanding the fact that prior to the cancellation one
or more extensions of the delivery period with reservation of the right to LD are granted.
9.4.8. Waiver of LD
1. There should normally be no system of waiver of LDs for delayed services and it may
strictly be an exception rather than a rule. For an extension of the delivery date with waiver
of LD, approval of the CA with consultation of associated Finance may be taken and
justifications recorded.
2. Government establishments/ Departments, as distinct from PSUs, which execute contract
should not be dealt with as ordinary contractors and not generally be penalised for late
delivery and claims for loss on risk-purchase should not be enforced against them. Serious
cases of defaults should, however, be brought to the notice of the Head of Department or
the Government Department concerned.
3. As mentioned in para 9.5.3-3-e) below, for purpose of GST, liquidated damages should be
shown as deductions on the invoice value by the contractor.
9.4.9. Limit on total Damages.
Deductions on account of damages for delays and performance, put together shall be subject
to a maximum of 5% (Five per cent, or any other percentage if prescribed) of the entire value
of Contract of Services. In case of inordinate delays, this upper limit shall be 10% (Ten per
cent) of the contract value. (Refer para 9.4.2-4.)
168Manual for Procurement of Non-Consultancy Services, 2025
9.4.10. Force Majeure
1. A Force Majeure (FM) means extraordinary events or circumstance beyond human
control such as an event described as an act of God (like a natural calamity) or events
such as a war, strike, riots, crimes (but not including negligence or wrong-doing,
predictable/ seasonal rain and any other events specifically excluded in the clause). An
FM clause in the contract frees both parties from contractual liability or obligation when
prevented by such events from fulfilling their obligations under the contract. An FM clause
does not excuse a party's non-performance entirely, but only suspends it for the duration
of the FM. The firm has to give notice of FM as soon as it occurs, and it cannot be claimed
ex-post facto. There may be a FM situation affecting the purchase organisation only. In
such a situation, the purchase organisation is to communicate with the contractor along
similar lines as above for further necessary action. If the performance in whole or in part
or any obligation under this contract is prevented or delayed by any reason of FM for a
period exceeding 90 (ninety) days, either party may at its option terminate the contract
without any financial repercussion on either side.
2. Notwithstanding the punitive provisions contained in the contract for delay or breach of
contract, the contractor would not be liable for imposition of any such sanction so long as
the delay and/ or failure of the contractor in fulfilling its obligations under the contract is the
result of an event covered in the FM clause.
9.5. Cost Control: Billing and Payments
9.5.1. Payment to Service Providers
1. Periodic Payments:
a) Payment is made to the contractor based on a schedule agreed on in contract, often
based on certain milestones or outputs.
b) Release of payment and settlement of the final bill should be processed through the
Associated/ integrated Finance as per the terms and conditions of the contract;
c) No payments to contractors by way of compensation or otherwise outside the strict
terms of the contract or more than the contract rates should be allowed;
d) All correspondence with the contractor will be handled by procuring entity.
2. Invoices:
a) The contractor submits an invoice to the Procuring Entity detailing the expenditures for
personnel and out-of-pocket items.
b) The documents, which are needed from the contractor for release of payment, are to
be clearly specified in the contract. The paying authority is also to verify the documents
received from the contractor with corresponding stipulations made in the contract
before releasing the payment. The invoice submitted by the contractor shall be verified
and signed by the contract manager and pay order form or any other relevant forms
shall be prepared by the procuring entity and signed by an officer authorised to sign
pay-orders.
c) Before the payment is made, the invoice should be cross-checked with the actual
receipt of services to ensure that the payment matches the actual performance;
d) In normal practice, if any item needs further scrutiny before the Procuring Entity can
approve payment, payment of undisputed items/ services should be made. But
payment of any disputed items/ services will be withheld until the circumstances are
clarified.
169Chapter 9: Monitoring Non-consultancy Services Contract
e) While claiming the payment, the contractor must also certify on the bill that the payment
being claimed is strictly in terms of the contract and all the obligations on his part for
claiming this payment have been fulfilled as required under the contract. There should
also be a suitable provision for verification of the authenticity of the person signing the
invoice, and so on, to claim the payment.
3. Deductions of Taxes: Deduction of applicable taxes at source from payments to service
provider shall be done as per the existing law in force during the currency of the contract.
As soon as possible, but not later than the date of submission of tax returns, the procuring
entity must provide the statutory certificates for the taxes deducted from the contractor so
that he can claim set-offs and refunds from the concerned authorities. Detailed payment
advice showing the calculations and reasons for the amounts disallowed and taxes
deducted must be issued to the contractor along with payment.
4. Timely Payment:
a) In a services contract, delivery of services is the essence of the contract for the
purchaser. Similarly, receiving timely payment for the services is the essence of the
contract for the service provider. A healthy buyer-contractor relationship is based on
the twin foundation of timely and quality service, on the one hand, and prompt and full
payment to the contractor, on the other. It should be ensured that all payments due to
the firm, including release of the performance security, are made on a priority basis
without avoidable delay as per the tender/ contract conditions. Any foreseeable
payment delays should be communicated to the contractors in advance. Payments
and decisions in contract management requested by the contractors should be made
within a reasonable time. An atmosphere of lackadaisical dilatory functioning in such
matters is liable to lead to bidders quoting higher prices in future bids, besides delays
in services and disputes in the contract.
b) Additionally, procuring entities are encouraged to ensure final bill payments are
processed within three months of project completion. For contracts with payments
exceeding Rs.100 crore annually, it is recommended to implement an online system to
track bill submissions and payments, providing contractors with transparency and
timely updates85.
5. Delay in payment to the contractors:
a) Public authorities may put in place a provision for payment of interest in case of
delayed payment of bills by more than 30 working days after submission of bill by the
contractor. Where interest is to be paid, the rate of interest should be the rate of interest
of General Provident Fund. In case of unwarranted discretionary delays in payments,
as prescribed above, responsibility shall be fixed on the concerned officers. There
should be a system to monitor delays in payments and to identify such unwarranted
delays including an online system for monitoring of the bills submitted by contractors.
Such system shall have the facility for contractors to track the status of their bills. It
shall be mandatory for all contractors’ bills to be entered into the system with date of
submission and date of payment. 86
b) As far as MSE contractors are concerned, MSME Act 2006 has provisions (refer to
para 1.10.1-4-b) for details) for timely payments within 45 days and a levy of penal
85
DoE’s OM NO.F.1/1/2021-PPD dtd 29.10.2021
86
DoE’s OM NO.F.1/1/2021-PPD dtd 29.10.2021
170Manual for Procurement of Non-Consultancy Services, 2025
interest for delayed payment and arbitration/ conciliation for related complaints by
Micro and Small Enterprises Facilitation Councils.
6. Handling Securities: Proper procedures for safe custody, monitoring and return of bank
guarantees and other instruments may be followed. Chapter 6 has more details in this
regard. Before making a final payment or before releasing the performance bank
guarantee, a ‘No Claim Certificate’ (Annexure 20) may be insisted upon from the contractor
to prevent future claims. Whenever a bank guarantee is released following due procedure
and safeguards, acknowledgement thereof should also be taken from the contractor.
7. Advance Payment, as per Contract: The terms and conditions of such payments are set
out in the contract wherein the amount of advance payment is specified, as are the timing
of the payment and the amount of advance payment security to be provided by the Service
Provider. The advance payment is set off by the Procuring Entity in equal instalments
against monthly billing statements until it has been fully set off. Once an advance has been
provided, requests for any additional advance are not considered until the service provider
liquidates the previous advance. The advance payment security is then released. In some
contracts there may be provision for mobilization fee to be paid. (Please refer to para 6.4)
8. Electronic Bill (e-Bill) processing system was announced in Union Budget 2022-23, as
part of ‘Ease of Doing Business and Digital India eco-system’ to bring broader
transparency and expedite the process of payments. It will enhance transparency,
efficiency, and faceless-paperless payment system. Contractors shall submit their bills
electronically through the e-Bill portal, wherever such facilities are available. Concerned
authorities verify these bills for discrepancies, authenticity, and adherence to rules. Once
verified, the bills shall be approved for payment. The approved bills are integrated with the
electronic payment systems. Funds are allocated from the relevant budget heads. The
system generates payment orders. The e-Bill system allows real-time on-line tracking of
bill processing by Contractors.
9.5.2. Price Variations
1. In case the contract provides for a Price Variation Clause (PVC) or variation on any other
account, the price shall be subject to adjustment on a quarterly basis, as per such clauses,
only during the original Delivery Period. With the payment of such variations, no additional
individual claim shall be admissible on account of fluctuations in market rates, increases
in taxes/ any other levies/ tolls, etc.
2. Please refer to para 6.5-2 for provisions of PVC (formula, base date, delivery date, time
lag for both base/ delivery dates, lower and upper cap on PVC, applicability of PVC during
after original delivery period);
3. Calculations for all variations should be based on the basic price without taxes and duties.
Therefore, contracts involving customs duty, foreign exchange fluctuations, GST, duties
and taxes, the percentage and element of duties and taxes included in the price should be
specifically stated, along with the selling rate of foreign exchange element considered in
the calculation of the price of the imported item. Taxes/ duties chargeable and payable ad-
valorem shall be charged at the nett price after variations.
4. In contracts governed by any type of variation (PVC or statutory variations), LDs (if a
percentage of the price) will be applicable on the price as varied by the operation of the
PVC. For purpose of GST, LD should be shown as deduction on the invoice value by the
contractor.
171Chapter 9: Monitoring Non-consultancy Services Contract
5. If the Contract provides for some inputs to be provided by the Procuring Entity free or at a
fixed rate, or advance or stage payments have been already made, the value of such
inputs and advance/ stage payments shall be excluded from the value of the Services
delivered in the relevant quarter for payment/ recovery of price variation.
6. If there is a downward price trend, the Contractor may tend to hide this fact. Therefore,
while claiming payments where such variations are applicable, the contractor must submit
its calculations for each invoice, even if the payment on account of these variations is zero.
Price reductions due to such variations must be passed on to the Procuring Entity. Care
should be exercised to finalise the price before final payment is made and after obtaining
data and documents in support of claims for escalation, if any. Where the contractors
submit no such claims, an examination of whether there has been a downward trend in
the cost, which the contractor may not bring out, is required. At any rate, an undertaking
should be obtained from the contractor to the following effect in case it becomes necessary
to make the final payment before he has submitted the required data/ documents related
to the PVC:
“It is certified that there has been no decrease in the price because of a
decrease in price variation indices in the price variation formula. In the event
of any decrease of such indices that come to light later regarding the
payment claimed by us, we shall promptly notify the purchaser, and we
undertake to refund and agree to the purchaser deducting from our future
payment due any excess payment made to us in this regard.”
7. Notwithstanding the above formalities, it should be appreciated that it is in the interest of
the purchaser to be vigilant about downward variation, and it is, therefore, the basic
responsibility of the purchase officers to make sure that the benefits of downward variation,
wherever it occurs, are fully availed of.
9.5.3. Payment of Taxes and Duties
1. The contractor shall be entirely responsible for all taxes, duties, fees, levies etc., incurred
until delivery of the Services to the Procuring Entity.
2. If applicable under relevant tax laws and rules, the Procuring Entity shall deduct required
taxes on account of GST Reverse Charge Mechanism; Tax Deducted at Source (TDS),
and Tax Collected at Source (TCS) relating to Income Tax, labour cess, royalty etc from
all payments due to the Contractor and deposit these to respective authorities as per the
existing law in force during the currency of the contract. In the case of foreign bidders,
Corporate tax shall be deducted at source from each invoice as per instructions/ orders of
the Government of India, Indian Income Tax Authority.
3. Goods and services Tax: GST shall be paid as per the rate at which it is liable to be
assessed or has been assessed, provided the transaction of the sale is legally liable to
such taxes and is payable as per the terms of the contract subject to the following
conditions:
a) The payment of GST and GST Cess to the contractor shall be made only on the latter
submitting a GST compliant Bill/ invoice indicating the appropriate HSN code and
applicable GST rate thereon duly supported with documentary evidence as per the
provision of relevant GST Act and the Rules made there under. The delivery shall be
shown being made in the name, location/ state, and GSTIN of the consignee only; the
location of the procurement office of the procuring entity has no bearing on the
invoicing.
172Manual for Procurement of Non-Consultancy Services, 2025
b) The Procuring Entity shall not pay a higher GST rate if leviable due to any
misclassification of the HSN number or incorrect GST rate quoted mistakenly by the
Contractor. Wherever the contractor invoices the Services at GST rate or HSN number,
which is different from that incorporated in the contract, payment shall be made as per
GST rate, which is lower of the GST rates incorporated in the contract or billed.
However, the Procuring Entity shall not be responsible for the contractor's tax payment
or duty under a misapprehension of the law. The Contractor shall be required to adjust
his basic price to the extent required by a higher tax rate billed as per invoice to match
the all-inclusive price mentioned in the contract.
c) In case of undue profiteering by the contractor relating to GST tax, the Procuring Entity
shall treat it as a violation of the Code of Integrity in the contract and avail any or all
punitive actions thereunder, in addition to recovery and action by the GST authorities
under the Act.
d) The contractor should issue Receipt vouchers immediately on receipt of all types of
payments along with tax invoices after adjusting advance payments, if any, as per
Contractual terms and GST Provisions.
e) Liquidated damages (refer to para 9.4.7 above for its quantum) or any other reduction
(Price Variation or Exchange Rate variation, etc.) should be shown as deductions on
the invoice and GST shall be applicable only on the net balance payment due.
Similarly, any increase due to any variation should be shown as added to the invoice
value. The Contractor shall be required to adjust his basic price to the extent required
to adjust the applicable GST rate within the nett balance invoice value.
f) While claiming reimbursement of duties, taxes etc. (like GST) from the Procuring Entity,
as and if permitted under the contract, the contractor shall also certify that in case it
gets any refund out of such taxes and duties from the concerned authorities later, it
(the contractor) shall refund to the Procuring Entity, the Procuring Entity’s share out of
such refund received by the contractor. The Contractor shall also refund the
appropriate amount to the Procuring Entity immediately on receiving the same from
the concerned authorities.
g) All necessary adjustment vouchers such as Credit Notes/ Debit Notes for any short/
excess services delivered or revision in prices or any other reason under the contract
shall be submitted to the Procuring Entity in compliance with GST provisions.
4. For Procuring Entities eligible for availing Input Tax Credit:
a) Contractors shall provide necessary documents/ compliances / invoices for enabling
Procuring Entity (for commercially run entities) to avail of Input tax credit benefits under
GST legislation.
b) The successful bidders should upload the details of the invoices raised on Procuring
Entity on the GST Network within the prescribed time limits and undertake to adhere
to all other compliances under the GST regulations/ legislations.
c) In case any credit, refund or other benefit is denied or delayed to the Procuring Entity
due to any non-compliance of GST legislation by the bidder, such as failure to upload
the details of the supply on the GST portal, failure to pay GST to the Government or
due to non-furnishing or furnishing of incorrect or incomplete documents/ information
by the bidder, the bidder would reimburse the loss to the Procuring Entity or it shall
recover may recover the same, but not limited to, the tax loss, interest and penalty.
5. Statutory Variation Clause: Unless otherwise stated in the contract, statutory increase
in applicable GST rate only during the original delivery period (or refixed delivery period –
173Chapter 9: Monitoring Non-consultancy Services Contract
para 9.4.3-2 above) shall be to Procuring Entity’s account. Any increase in the rates of
GST beyond the original completion date during the extended delivery period (for delays
attributable to the service provider) shall be borne by the contractor, however the benefit
of any reduction in GST rate must be passed on to the Procuring Entity during the original
and extended delivery period. GST rate amendments shall be considered for quoted HSN
code only, against documentary evidence, provided such an increase of GST rates after
the last date of bid submission. The Procuring Entity is not liable for any claim from the
contractor on account of fresh imposition and/ or increase (including statutory increase) of
GST, customs duty, or other duties on raw materials and/ or components used for the
purposes of delivery of the contracted Services taking place during the pendency of the
contract unless such liability is expressly agreed to in terms of the contract.
9.6. Concluding the Assignment and Post Contract review
1. The contract is normally considered closed on the day after the completion date listed in
the contract. Any expenditure incurred after the completion date are unlikely to be paid. It
is, therefore, important, under all types of assignments, for the service provider to request
an extension of the completion date if it appears that additional items will need to be billed
after the completion date. The service provider should submit the final claim promptly after
completing the assignment. The standard service provider contract states that the claim
must be submitted within 60 (sixty) days of completion.
2. While making the final payment to the contractor and before releasing the PBG, it should
be ensured that there is nothing outstanding from the contractor, because it would be
difficult to retrieve such amounts after releasing the bank guarantee/ final payment. Before
the bank guarantee is released a “no claim certificate” may be taken from the contractor
as per the format given in Annexure 20.
3. The contract shall stand closed upon
a) successful performance of all obligations by both parties, including completion of
warrantee obligations and final payment.
b) termination and settlements after that, if any.
4. At least in large contracts (above Rs. 50 (Rupees Fifty) lakhs), it should be ensured that
before the release of the bank guarantee (final payment, if there is no bank guarantee),
the following reconciliations should be done across Departments involved in the execution
of the contract:
5. Materials Reconciliation: The stores and/ or the indentor should confirm that all services
agreed to in the contract have been fully and satisfactorily delivered by the service
provider. Where the contract involved the supply of materials, tools, parts, or consumables
by the service provider or issued to them by the Procuring Entity, a complete reconciliation
shall be undertaken to ensure that all tools, assemblies, consumables, or other items
provided to the service provider have been properly accounted for; wastage, surplus,
scrap, or off-cuts have been returned or disposed of in accordance with the contract
provisions.
6. Reconciliation with the User Department: Besides material reconciliation, the user
Department should certify in writing that the following activities (wherever applicable) have
been completed by the contractor, to the Department’s satisfaction, as per the contract:
a) Delivery of services in compliance with the defined performance standards and service
levels;
174Manual for Procurement of Non-Consultancy Services, 2025
b) Completion of support services during the warranty period, which ended on
___________;
c) Training of operators/maintenance staff;
d) Vacation and restoration of site for use by the department;
e) Return of all ID cards, gate passes, documents, drawings, protective gear, material,
equipment, facilities, and assets loaned to contractor; and
f) Fulfilment of obligations under the Annual Maintenance Contract (if part of the
contract), which ended on ______.
7. Payment Reconciliation: The indenting/ materials management Departments may
reconcile payments made to the contractor to ensure that there is no liability outstanding
against the contractor on account of:
a) Liquidated Damages (LD);
b) Price reduction enforced on account of shortfall in performance of service quality/
material/ equipment;
c) Variations/ deviations from the scope of the contract;
d) Overpayments/ duplicate payments, if any;
e) Services availed from Procuring Entity and vacation thereof such as accommodation,
electricity, water, security, transport, cranes, and other machinery, and so on,
f) Demurrage, insurance premiums or claims, customs duties, and so on;
g) Material reconciliation;
h) Price and exchange rate variations;
i) Statutory duties paid on behalf of the contractor by Procuring Entity; and
j) Inspection charges or loss of material in testing.
8. On satisfactory reconciliation and against a “no claim certificate” from the contractor, the
bank guarantee may be released, and its acknowledgement taken from the contractor.
9. On completion of all activities against a contract, the purchase file should be preserved for
a period of five years in the record room and then destroyed after expiry of the applicable
mandatory retention period with the approval of the CA. However, Procuring Entity, at its
discretion, may retain important records for future reference.
9.7. Disputes and Conflicts
9.7.1. Disputes
1. Normally, there should not be any scope for dispute between the purchaser and contractor
after entering a mutually agreed valid contract. However, due to various unforeseen
reasons, problems may arise during the progress of the contract leading to a disagreement
between the purchaser and contractor. Therefore, the conditions governing the contract
should contain suitable provisions for settlement of such disputes or differences binding
on both parties.
2. In its directives87 regarding contractual disputes, Department of Expenditure, Ministry of
Finance has stressed that:
“Government departments/ entities/ agencies should avoid and/ or amicably
settle as many disputes as possible using mechanisms available in the
contract. Decisions should be taken in a pragmatic manner in overall long-
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175Chapter 9: Monitoring Non-consultancy Services Contract
term public interest, keeping legal and practical realities in view, without
shirking or avoiding responsibility or denying genuine claims of the other
party.”
3. All disputes and differences between the parties, as to the construction or operation of the
contract, or the respective rights and liabilities of the parties on any matter in question;
dispute or difference or any other account whatsoever, but excluding the Excepted Matters
(detailed below); arising out of or in connection with the contract, whether before or after
the completion/ termination of the contract, that cannot be resolved amicably between the
Procurement Officer and the contractor within thirty (30) days from aggrieved Party
notifying the other Party of such matters, shall be hereinafter called the “Dispute”.
4. The aggrieved party shall give a ‘Notice of Dispute’ indicating the Dispute and claims citing
relevant contractual clause to the designated authority and requesting for invoking the
following dispute resolution mechanisms. The Dispute shall be attempted to be resolved
before any recourse to courts, through dispute resolution mechanisms detailed
subsequently, in the sequence as mentioned below, and the next mechanism shall not be
invoked unless the earlier mechanism has been invoked or has failed to resolve it within
the deadline mentioned therein. While processing a case for dispute
resolution/litigation/arbitration, the procuring entity is to take legal advice, at appropriate
stages.
a) Adjudication
b) 88Mediation
c) Arbitration
9.7.2. Excepted Matters
Matters for which provision has been made in any clause of the contract shall be deemed as
‘excepted matters’ (matters not disputable/ arbitrable), and decisions of the Procuring Entity,
thereon shall be final and binding on the contractor. The ‘excepted matters’ shall stand
expressly excluded from the purview of the Dispute Resolution Mechanism, including
Arbitration. However, where the Procuring Entity has raised the dispute, this sub-clause shall
not apply. Unless otherwise stipulated in the contract, excepted matters shall include but not
limited to:
1. any controversies or claims brought by a third party for bodily injury, death, property
damage or any indirect or consequential loss arising out of or in any way related to the
performance of this Contract (“Third Party Claim”), including, but not limited to, a Party’s
right to seek contribution or indemnity from the other Party in respect of a Third-Party
Claim.
2. Issues related to the pre-award tender process or conditions.
3. Issues related to ambiguity in contract terms shall not be taken up after a contract has
been signed. All such issues should be highlighted before the signing of the contract by
the contractor.
4. Issues related to contractual action/ termination of contract etc., by the Procuring Entity on
account of fraud, corruption, debarment of contractors, criminal or wilful negligence of the
contractor etc.
88
The conciliation part of the Arbitration and Conciliation Act, 1996 has been replaced by mediation by the recent
Mediation Act, 2023.
176Manual for Procurement of Non-Consultancy Services, 2025
5. Issues that are already under investigation by CBI, Vigilance, or any other investigating
agency or government.
6. Provisions incorporated in the contract, which are beyond the purview of The Procurement
Entity or are in pursuance of policies of Government, including but not limited to
a) Provisions of restrictions regarding local content and Purchase Preference to Local
suppliers in terms of Make in India policy of the Government.
b) Provisions regarding restrictions on Entities from Countries having land-borders with
India in terms of the Government’s policies in this regard.
c) Purchase preference policies regarding MSEs and Start-ups
9.7.3. Adjudication
1. After exhausting efforts to resolve the Dispute with the Purchasing Officer executing the
contract on behalf of the Procuring Entity, the contractor shall give a ‘Notice of
Adjudication’ specifying the matters which are in question or subject of the dispute or
difference indicating the relevant contractual clause, as also the amount of claim item-wise
to Head of Procurement or any other authority mentioned in the contract (hereinafter called
the “Adjudicator”) for invoking resolution of the dispute through Adjudication.
2. Where necessary, e.g. matters of high value, Procuring Entity may proceed with
adjudication by a high-level committee as para 9.7.4-3-a) to e) below.
3. During his adjudication, the Adjudicator shall give the contractor an adequate opportunity
to present his case. Within 60 days after receiving the representation, the Adjudicator shall
make and notify decisions in writing on all matters referred to him. The parties shall not
initiate, during the adjudication proceedings, any mediation, arbitral or judicial proceedings
in respect of a dispute that is the subject matter of the adjudication proceedings.
4. If not satisfied by the decision in adjudication, or if the adjudicator fails to notify his decision
within the abovementioned time-frame, the contractor may proceed to invoke the process
of Mediation as follows.
9.7.4. Mediation
1. Any party may invoke Mediation by submitting “Notice of Mediation” to the Head of the
Procuring Organisation. A neutral third party, known as the Mediator, facilitates the
mediation process. If the other party is not agreeable to Mediation, the aggrieved party
may invoke Arbitration.
2. The Mediation Act: The Mediation shall be conducted as per The Mediation Act 202389.
3. Guidelines for Mediation: Department of Expenditure, Ministry of Finance has issued
guideline on Mediation90. Government departments/ entities/ agencies are encouraged to
adopt mediation under the Mediation Act 2023 and/ or negotiate amicable settlements to
resolve disputes. Where necessary, e.g. matters of high value, they may proceed in the
manner discussed below:
a) Government departments/ undertakings may, where they consider appropriate, e.g. in
high-value matters, constitute a High-Level Committee (HLC) for dispute resolution,
which may include the following (this composition is purely indicative and not
prescriptive):
89
The Act would be fully notified at a later date. Hence some of the provisions like registration of mediators, and
MSPs/ MCI may get activated later.
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177Chapter 9: Monitoring Non-consultancy Services Contract
i) A retired judge.
ii) A retired high-ranking officer and/ or technical expert.
b) ln cases where a HLC is constituted, the Government department entity/ agency may
either
i) negotiate directly with the other party and place a tentative proposed solution
before the HLC or
ii) conduct mediation through a mediator and then place the tentative mediated
agreement before the HLC or
iii) use the HLC itself as the mediator.
c) This will enable decisions taken for resolving disputes in appropriate matters to be
scrutinized by a high-ranking body at arms-length from the regular decision-making
structure, thereby promoting fair and sound decisions in the public interest, with probity.
d) There may be rare situations in long-duration works contracts where a renegotiation of
the terms may best serve public interest due to unforeseen major events. In such
circumstances, the terms of the tentative re-negotiated contract may be placed before
a suitably constituted High-Level Committee before approval by the competent
authority.
e) Approval of the appropriate authority will need to be obtained for the final accepted
solution. Section 49 of the Mediation Act 2023 is also relevant in this regard.
f) Mediation agreements need not be routinely or automatically included in procurement
contracts/ tenders. The absence of a mediation agreement in the contract does not
preclude pre-litigation mediation. Such a clause may be incorporated where it is
consciously decided to do so.
g) Disputes not covered in an arbitration clause and where the methods outlined above
are unsuccessful should be adjudicated by the courts.
h) General or case-specific modification in the application of the above guidelines may
be authorised by the Secretary concerned (or an officer not below the level of Joint
Secretary to whom the authority is delegated by him) in respect of Government
Ministries/ Departments, attached/ subordinate offices and autonomous bodies, or the
Managing Director in respect of Central Public Sector Enterprises including Banks and
Financial institutions etc.
4. Appointment of Mediator(s):
a) Mediators can be of any nationality and must be registered with the Mediation Council
of India (MCI) or empanelled by a court-annexed mediation centre or empanelled by
an Authority constituted under the Legal Services Authorities Act, 1987 or empanelled
by a mediation service provider (MSP) recognised by MCI.
b) Within 30 days of receipt of the “Notice of Mediation”, the Head of the Procuring
Organisation shall propose names of three likely mediators from its panel, asking the
other party to choose one as Mediator. The mutually accepted mediator shall then be
appointed to conduct mediation.
c) If parties do not agree on the mediator, they can approach a mediation service provider
("MSP", recognised by MCI), who shall appoint a mediator based on the suitability and
preferences of the parties within 7 days.
d) As brought out in Annex-2 of Annexure 12, in contracts having an Integrity Pact,
Independent External Monitors (IEMs) can be appointed as mediators, as per the
Standard Operating Procedure (SOP) issued by the Central Vigilance Commission
(CVC).
178Manual for Procurement of Non-Consultancy Services, 2025
e) After a mediator is appointed, they must disclose any conflict of interest. Either party
can seek a replacement of the Mediator after such disclosure.
5. Venue: Mediation must be conducted within the territorial jurisdiction of the Court, which
has jurisdiction to decide the dispute unless both parties agree to do it online or at any
other place.
6. The Process:
a) The Mediator independently and impartially encourages open communication and
cooperation between disputing parties to reach an amicable settlement, but he does
not have the authority to impose a settlement upon the parties to the dispute. The
parties shall be informed expressly by the mediator that he only facilitates in arriving
at a resolution of the dispute and that he shall not impose any settlement nor give any
assurance that the mediation may result in a settlement.
b) Unlike court proceedings, Mediation is informal and flexible and allows for creative
problem-solving and exploration of various solutions. The Code of Civil Procedure or
the Bhartiya Sakshya Adhiniyam (BS), 2023 shall not be binding on the mediator. The
parties can determine the mediation’s venue, manner, and language.
c) Confidentiality: All the acknowledgements, opinions, suggestions, promises,
proposals, apologies, and admissions made during the mediation; acceptance/
willingness to accept proposals in the mediation; documents prepared solely for the
conduct of mediation are strictly confidential. These can neither be relied upon as
evidence in any subsequent court proceedings nor be asked to be disclosed by any
court/ tribunal. No audio or video recording of the mediation proceedings shall be made
or maintained by the parties or the participants, including the mediator and mediation
service provider, whether conducted in person or online, to ensure the confidentiality
of the mediation proceedings.
d) Online Mediation: The Act allows parties to opt for online/ virtual Mediation, which
shall be deemed to occur within the jurisdiction of a competent court. The Act also
requires online mediation communication mechanisms to ensure confidentiality.
e) The mediator initially meets the parties separately and communicates the view of each
party to the other to the extent agreed upon by them. He assists them in identifying
issues, advancing better understanding, clarifying priorities, exploring areas of the
parties’ responsibility, identifying common interests, and encouraging compromise. He
then meets them jointly to encourage a mutually acceptable resolution. At any stage of
the mediation proceedings, at the parties’ request, the mediator may suggest a dispute
settlement in writing.
f) Termination of Mediation: The process must be completed within 120 days, though
parties can extend it by another 60 days through mutual consent. If Mediation is not
completed within this timeline, the Mediator shall prepare a non-settlement report
without disclosing the cause of non-settlement or any other matter or thing referring to
their conduct during mediation for the parties or the Mediation Service Provider (MSP).
Mediation shall also stand terminated on a declaration of the mediator, after
consultation with the parties or otherwise, that further efforts at mediation are no longer
justified or on communication by a party(ies) in writing, addressed to the mediator and
the other parties that they wish to opt out of mediation. On termination of Mediation, if
the dispute is still alive, the aggrieved party shall be free to invoke Arbitration.
g) Mediated Settlement Agreement (MSA): If the parties resolve the dispute and
execute a mediated settlement agreement (“MSA”), then the Mediation is successful.
179Chapter 9: Monitoring Non-consultancy Services Contract
An MSA is a written agreement settling some or all disputes and may extend beyond
the disputes referred to mediation. It must be valid under the Indian Contract Act,
signed by both parties and duly authenticated by the Mediator for the parties or the
MSP. The Act provides options for MSA registration. During the pendency of
proceedings, parties can also execute other agreements, settling some of the subject-
matter disputes.
h) Challenge to MSA: MSA can be challenged within 90 days on limited grounds of (a)
fraud, (b) corruption, (c) impersonation, and (d) subject matter being unfit for Mediation.
i) Execution of MSA: If there is no challenge or a challenge is unsuccessful, the Act
ensures that the MSA is binding and enforceable, akin to a judgment or decree. This
means that if one party fails to comply with the MSA, the non-defaulting party has a
right to enforce it through the Court.
j) Costs: The parties shall equally bear all costs of mediation, including the fees of the
mediator and the charges of the mediation service provider.
k) No claim of Interest during Mediation proceedings: Parties shall not claim any
interest on claims/counter-claims from the date of notice invoking Mediation till the
execution of the settlement agreement if so arrived. If parties cannot resolve the
dispute, either party shall claim no interest from the date of notice invoking Mediation
until the date of Termination of Mediation Proceedings.
l) The parties shall not initiate, during the mediation proceedings, any arbitral or judicial
proceedings in respect of a dispute that is the subject matter of the mediation
proceedings.
9.7.5. Arbitration
1. Arbitration Agreement: If an amicable settlement is not forthcoming, provided an
Arbitration clause agreement is included in the contract, recourse may be taken to the
settlement of disputes through arbitration as per the Indian Arbitration and Conciliation Act,
1996 (Amended 201591 and 202192). For this purpose, when the contract is with a domestic
service provider, a standard arbitration clause (hereinafter called the ‘Agreement’) may be
included in the Tender Document (Please refer to the Model Tender Document) indicating
the arbitration procedure to be followed, based on which the Arbitration Act shall become
applicable.
2. This Agreement shall continue to survive termination, completion, or closure of the
Contract for 3 years after that. Unless otherwise stipulated in the Contract, the venue of
arbitration should be the place from where the contract has been issued.
3. The Micro, Small and Medium Enterprises Development (MSMED) Act, 2006 provides
parties to a dispute (where one of the parties is a Micro or Small Enterprise) to be referred
to Micro and Small Enterprises Facilitation Council if the dispute is regarding any amount
due under Section 17 of the MSMED Act, 2006. If a Micro or Small Enterprise, being a
party to dispute, refers to the provisions in MSMED Act 2006, these provisions shall prevail
over this Agreement.
91
https://lawmin.gov.in/sites/default/files/ArbitrationandConciliation.pdf
92
https://egazette.nic.in/WriteReadData/2021/225832.pdf
180Manual for Procurement of Non-Consultancy Services, 2025
4. Government Guidelines on Arbitration in Contracts93: Department of Expenditure,
Ministry of Finance has issued following guidelines for arbitration in contracts of domestic
procurement by the Government and by its entities and agencies (including Central Public
Sector Enterprises (CPSEs), Public Sector Banks (PSBs) etc. and Government
companies):
a) Arbitration as a method of dispute resolution should not be routinely or automatically
included in procurement contracts/ tenders, especially in large contracts.
b) As a norm, arbitration (if included in contracts) may be restricted to disputes with a
value less than Rs. 10 crores. This figure is regarding the value of the dispute (inclusive
of both claims and counterclaims) not the value of the contract, which may be much
higher. It may be specifically mentioned in the bid conditions/ conditions of the contract
that arbitration will not be a method of dispute resolution in all other cases.
c) Inclusion of arbitration clauses covering disputes with a value exceeding the norm
specified in sub-para (b) above should be based on careful application of mind and
recording of reasons and with the approval of:
i) Regarding Government Ministries/ Departments, attached/ subordinate offices
and autonomous bodies, the Secretary concerned or an officer (not below the
level of Joint Secretary) to whom authority is delegated by the Secretary.
ii) Regarding CPSEs/ PSBs/ Financial institutions etc., the Managing Director.
d) In matters where arbitration is to be resorted to, institutional arbitration may be given
preference (where appropriate, after considering the reasonableness of the cost of
arbitration relative to the value involved).
e) General or case-specific modification in the application of the above guidelines may
be authorised by the Secretary concerned (or an officer not below the level of Joint
Secretary to whom the authority is delegated by him) in respect of Government
Ministries/ Departments, attached/ subordinate offices and autonomous bodies, or the
Managing Director in respect of Central Public Sector Enterprises including Banks and
Financial institutions etc.
9.7.6. Foreign Arbitration
1. The Arbitration and Conciliation Act 1996 has provisions for international commercial
arbitration, which shall be applicable if one of the parties has its central management and
control in any foreign country.
2. When the contract is with a foreign service provider, the service provider has the option to
choose either the Indian Arbitration and Conciliation Act, 1996 or arbitration in accordance
with the provisions of the United Nations Commission on International Trade Law
(UNCITRAL) arbitration rules.
3. The arbitration clause with foreign firms should be in the form of self-contained
agreements. This is true especially for large value contracts or those for costly plant and
machinery. The venue of arbitration should be in accordance with UNCITRAL or arbitration
rules of India, whereby it may be in India or in any neutral country.
9.7.7. Notice for Arbitration
1. ‘The Appointing Authority,’ to appoint the arbitrator shall be Head of the Procuring
Organisation named in the contract and includes if there be no such authority, the officer
93
OM issued by PPD, DoE, MoF: No. F. 11212024-PPD dtd 03.06.2024
181Chapter 9: Monitoring Non-consultancy Services Contract
who is for the time being discharging the functions of that authority, whether in addition to
other functions or otherwise.
2. In the event of any dispute as per para 9.7.1 above, if the Adjudicator fails to decide within
60 days (as referred in para 9.7.3 above), or the mediation is terminated (as referred in
sub-para 9.7.4 above) then, parties to the contract, after 60 days but within 120 days of
‘Notice of Dispute” shall request the Appointing Authority through a “Notice for Arbitration”
in writing requesting that the dispute or difference be referred to arbitration.
3. The “Notice for arbitration” shall specify the matters in question or subject of the dispute
or difference indicating the relevant contractual clause, as well as the amount of claim
item-wise.
9.7.8. Reference to Arbitration
After appointing Arbitrator(s), the Appointing Authority shall refer the dispute to them. Only
such dispute or difference shall be referred to arbitration regarding which the demand has
been made, together with counter-claims or set off. Other matters shall be beyond the
jurisdiction of Arbitrator(s)
9.7.9. Appointment of Arbitrator
1. Invalidation of Unilateral Appointment Clauses: On November 8, 2024, the Supreme
Court of India, in a landmark ruling, stemming from the case (2024 INSC 857) Central
Organisation for Railway Electrification (CORE) v. ECL-SPIC-SMO-MCML, ruled that:
a) arbitration clauses allowing a government department or PSU to unilaterally appoint a
sole arbitrator or mandate that the private party select an arbitrator from a panel
curated exclusively by the government department or PSU are invalid.
b) PSUs or government departments cannot compel the private party to choose from their
panel of arbitrators. The private party must have the autonomy to nominate its
arbitrator independently, ensuring a balanced and fair process.
c) a private party can waive objections to bias or ineligibility under Section 12(5) of the
Act, but this waiver must be explicit, in writing, and made after the dispute arises—not
at the contract formation stage. Pre-dispute waivers embedded in contracts are not
valid.
2. Therefore, the appointing authority for arbitrators, may ask the contractor to recommend
his nominee arbitrator either from names suggested from approved panel of the Procuring
Organisation or from an approved panel of the Indian Council of Arbitration (ICA) within 30
days from the date of dispatch of the written and valid acceptance of the demand for
arbitration by the appointing authority. Guidelines of ICA Rules for Domestic Commercial
Arbitration are as under:-
a) The contractor may access the ICA's panel of arbitration through the ICA's official
webpage: https://icaindia.co.in/pdf/Engineers.pdf.
b) A formal request for nomination shall be submitted to ICA, accompanied by:-
i) A brief Statement of Claim outlining the nature and quantum of the disputes
ii) A copy of the relevant contract and any supporting documents
iii) A copy of the notice intimating the other party of the initiation of arbitration
proceedings, with proof of delivery (if any).
c) Ad-hoc appointment fees for the nomination and appointment of arbitrators shall be as
per the ICA Rules for Domestic Commercial Arbitration and revised from time to time.
The fee shall be submitted along with the request.
182Manual for Procurement of Non-Consultancy Services, 2025
d) The nomination and appointment of arbitrators from the ICA panel shall be as per the
ICA Rules for Domestic Commercial Arbitration and shall be amended from time to
time.
3. Qualification of Arbitrators:
a) In the case of retired officers of The Procuring organisation, he shall have retired in the
rank of Senior administrative grade (or equivalent) and shall have retired at least 1
years prior and must not be over 70 years of age on the date of Notice for arbitration.
b) In the case of serving officers, they shall not be below JA Grade level.
c) In case of serving or retired officer, he should not have been:
i) involved in current vigilance/ CBI cases or against whom disciplinary or
prosecution proceedings are not in process.
ii) imposed a major penalty or two or more minor penalties or undergone
administrative action three times or more, or
iii) imposed a minor Penalty and undergone two administrative actions due to
vigilance/CBI action while in service.
d) Independence and Impartiality:
i) Retired or serving officers shall not have had an opportunity to deal with the
matters to which the contract relates or who, in the course of his/ their duties as
officers of the Procuring Organisation, expressed views on any or all the matters
under dispute or differences. Arbitrator shall make a declaration in this regard as
per Annexure 25. The proceedings of the Arbitral tribunal or the award made by
such Tribunal shall, however, not be invalid merely because one or more
arbitrators had in the course of his service, an opportunity to deal with the matters
to which the contract relates or who in the course of his/ their duties expressed
views on all or any of the matters under dispute.
ii) Arbitrators (including from panel of ICA) shall be independent and impartial
(section 12(1) of the Arbitration Act) and disclose in writing any circumstances
(past or present relationships with parties or counsel) that may give rise to
justifiable doubts about their independence or impartiality. Disclose any direct or
indirect interest in the dispute’s outcome.
e) Disclosure by all arbitrators shall be in format of Annexure 25.
f) An Arbitrator may be appointed notwithstanding the total no. of arbitration cases in
which he has been appointed in the past.
g) Not be other than the person appointed by The Appointing Authority and that if for any
reason that is not possible, the matter shall not be referred to arbitration at all.
4. Panel of Arbitrators: The procuring Organisation may prepare, with the approval of the
head of the procuring organisation, a panel of serving and retired officers who are willing
and qualified (as per sub-para 3 above) to be empanelled as Arbitrators based on integrity,
ethics, the experience of dealing in contracts/ tenders, temperament of taking fair
decisions, feedback, general image, career profile etc. Such persons should have
vigilance clearance and should not be working in the vigilance wing. The performance of
empanelled arbitrators should be reviewed annually. The empanelment of a retired officer
as arbitrator shall be limited to three procuring entities only, and at any given time, a
maximum of two arbitration cases shall be assigned to any arbitrator in a Procuring entity.
5. Replacement of Arbitrators: If one or more of the arbitrators appointed as above refuses
to act as arbitrator, withdraws from his office as arbitrator, or in the event of the arbitrator
dying, neglecting/ unable or unwilling or refusing to act for any reason, or his award being
183Chapter 9: Monitoring Non-consultancy Services Contract
set aside by the court for any reason, or in the opinion of The Appointing Authority fails to
act without undue delay, the Appointing Authority shall appoint new arbitrator/ arbitrators
to act in his/ their place in the same manner in which the earlier arbitrator/ arbitrators had
been appointed. Such a re-constituted Tribunal may, at its discretion, proceed with the
reference from the stage at which it was left by the previous arbitrator (s).
6. Appointment of Arbitrator:
a) Appointment of Arbitrator where the applicability of section 12 (5) of the Arbitration and
Conciliation Act has been waived off:(refer para 1-c) above)
i) In cases where the total value of all claims in question added together does not
exceed ₹ 1,00,00,000/- (Rupees One Crore), the Arbitral Tribunal shall consist
of a Sole Arbitrator who shall be a serving officer of the procuring organisation,
not below Junior Administrative Grade, nominated by the Appointing Authority.
The sole arbitrator shall be appointed within 60 days from the day when a
written and valid demand for arbitration is received by the designated
Appointing Authority.
ii) In cases not covered by sub-para i) above, the Arbitral Tribunal shall consist of
a panel of three serving officers not below Junior Administrative Grade or two
serving officers not below Junior Administrative Grade and a retired officer
(retired not below the rank of Senior Administrative Grade Officer), as the
arbitrators. For this purpose, the Appointing Authority shall send a panel of at
least four (4) names of Officers, which may also include the name(s) of retired
Officer(s) empanelled to work as Arbitrator, to the Contractor within 60 days
from the day when a written and valid demand for arbitration is received by the
Appointing Authority. The contractor will be asked to suggest at least 2 names
out of the panel for appointment as the Contractor’s nominee within 30 days
from the date of dispatch of the request to him. The Appointing Authority shall
appoint at least one out of them as the Contractor’s nominee and shall also
simultaneously appoint the balance number of arbitrators either from the panel
or from outside the panel, duly indicating the ‘presiding arbitrator’ from amongst
the 3 arbitrators so appointed. The Appointing Authority shall complete this
exercise of appointing the Arbitral Tribunal within 30 days from the receipt of
the names of the Contractor’s nominees. While nominating the arbitrators, it
shall be necessary to ensure that one of them is from the Finance/ Accounts
Department (officer of Selection Grade of the Finance/ Accounts Department
shall be considered as of equal status to the officers in Senior Administrative
Grade of other departments for appointment of an arbitrator).
iii) The serving officer working in arbitral tribunal in the ongoing arbitration cases
as per sub-para i) and ii) above can continue as arbitrator in the tribunal even
after his retirement.
b) Appointment of Arbitrator where the applicability of Section 12 (5) of the Arbitration and
Conciliation Act has not been waived off:
i) In cases where the total value of all claims in question added together does not
exceed ₹ 50,00,000/- (Rupees Fifty Lakh), the Arbitral Tribunal shall consist of
a sole arbitrator. For this purpose, the Appointing Authority will send a panel of
at least four (4) names of retired Officer(s) (retired not below the rank of Senior
Administrative Grade Officer) empanelled to work as Appointing Authority
Arbitrator duly indicating their retirement dates to the Contractor within 60 days
184Manual for Procurement of Non-Consultancy Services, 2025
from the day when a written and valid demand for arbitration is received by the
Appointing Authority. The contractor will be asked to nominate to the Appointing
Authority at least 2 names of arbitrators. These can be out of the panel
suggested by the approving authority or from an approved panel of the Indian
Council of Arbitration (ICA – refer sub-para 2 above) within 30 days from the
date of dispatch of the request by the Appointing Authority. The Appointing
Authority shall appoint at least one out of them as the arbitrator within 30 days
from the receipt of the names of the Contractor’s nominees.
ii) In cases where the total value of all claims in question added together exceeds
₹ 50,00,000/- (Rupees Fifty Lakh), the Arbitral Tribunal shall consist of a Panel
of three (3) arbitrators. For this purpose, the Appointing Authority will send a
panel of at least four (4) names of retired Officers (retired not below the rank of
Senior Administrative Grade Officer) empanelled to work as Arbitrator duly
indicating their retirement date to the Contractor within 60 days from the day
when a written and valid demand for arbitration is received by the Appointing
Authority. The contractor will be asked to nominate to the Appointing Authority
at least 2 names of arbitrators. These can be out of the panel suggested by the
approving authority or from an approved panel of the Indian Council of
Arbitration (ICA – refer sub-para 2 above) within 30 days from the date of
dispatch of the request by the Appointing Authority. The Appointing Authority
shall appoint at least one out of them as the Contractor’s nominee and shall
also simultaneously appoint his nominee arbitrator either from the panel or from
outside the panel. The Appointing Authority shall complete this exercise of
appointing the Arbitral Tribunal within 30 days of the receipt of the names of the
Contractor’s nominees. Two selected arbitrators are free to select a presiding
arbitrator (3rd arbitrator) within thirty (30) days from their appointment. The
presiding arbitrator may be selected from an approved panel of the procuring
organisation or from an approved panel of the Indian Council of Arbitration (as
per mutual agreement), which will be approved by the appointing authority
within 30 days of receipt of such name.
c) If the contractor does not suggest his nominees for the arbitral tribunal within the
prescribed timeframe, or the two appointed arbitrators fail to nominate a presiding
arbitrator, the Appointing Authority shall proceed with the appointment of the arbitral
tribunal within 30 days of the expiry of such time provided to the contractor.
d) Failure to Appoint Arbitrators: If The Appointing Authority fails to appoint an
arbitrator, or two appointed arbitrators fail to agree on the third arbitrator, within 60
(sixty) days, then subject to the survival of this Arbitration Agreement, in international
commercial arbitration, the Supreme Court of India shall designate the arbitral
institution for the appointment of arbitrators. In case of national arbitrations, the High
Court shall designate arbitral institutions. The Arbitration Council of India must have
graded these arbitration institutions. These arbitral institutions must complete the
selection process within thirty days of accepting the request for the arbitrator’s
appointment.
9.7.10. The Arbitral Procedure
1. Effective Date of Entering Reference: The arbitral tribunal shall be deemed to have
entered the reference on the date on which the arbitrator(s) have received notice of their
appointment. All subsequent time limits shall be counted from such date.
185Chapter 9: Monitoring Non-consultancy Services Contract
2. Seat and Venue of Arbitration: The seat of arbitration shall be the place from which the
Letter of Award or the contract is issued. The venue of arbitration shall be the same as the
seat of arbitration. However, in terms of section 20 of The Arbitration Act, the arbitrator, at
his discretion, may determine a venue other than the seat of the arbitration without in any
way affecting the legal jurisdictional issues linked to the seat of the arbitration. The Arbitral
Tribunal shall decide any matter related to Arbitration not covered under this Arbitration
Agreement as per the provisions of The Arbitration Act.
3. If the Adjudication and/ or Mediation mechanisms had not been exhausted before such
reference to Arbitration, the Arbitrator should ask the aggrieved party to approach
designated authority for such mechanisms before the Arbitration proceedings are started.
4. The claimant shall submit to the Arbitrator(s) with copies to the respondent his claims
stating the facts supporting the claims along with all the relevant documents and the relief
or remedy sought against each claim within 30 days from the date of appointment of the
Arbitral Tribunal unless it has granted an extension.
5. On receipt of such claims, the respondent shall submit its defence statement and
counterclaim (s), if any, within 60 days of receipt of the copy of claims, unless the Arbitral
Tribunal has granted an extension.
6. No new claim shall be added during proceedings by either party. However, a party may
amend or supplement the original claim or defence thereof during arbitration proceedings
subject to acceptance by the Tribunal having due regard to the delay in making it.
7. Statement of claims, counterclaims and defence shall be completed within six months from
the effective reference date.
8. Oral arguments to be held on a day-to-day basis: Oral arguments as far as possible
shall be heard by the arbitral tribunal on a day-to-day basis, and no adjournments shall be
granted without sufficient cause. The arbitrator (s) may impose an exemplary cost on the
party seeking adjournment without sufficient cause.
9. Award within 12 (twelve) months: The arbitral tribunal is statutorily bound to deliver an
award within 12 (twelve) months from the date when the arbitral tribunal enters reference.
The award can be delayed by a maximum of six months only under exceptional
circumstances where all parties consent to such extension of time. The court's approval
shall be required for further extension if the award is not made out within such an extended
period. During the period of an application for extension of time is awaiting before the court,
the arbitrator's proceedings shall continue until the disposal of the application.
10. Cost of Arbitration and Fees of the Arbitrators: The concerned parties shall bear the
cost of arbitration in terms of section 31 (A) of The Arbitration Act. The cost shall inter-alia
include fees of the Arbitrator. Further, the fees payable to the Arbitrator shall be governed
by instructions issued on the subject by the Procuring Entity and/ or the Government from
time to time, in line with the Arbitration and Conciliation Act, irrespective of the fact whether
the Arbitrator is appointed by the Procuring Entity or the Government under this clause or
by any court of law unless directed explicitly by Hon'ble court otherwise on the matter.
However, if any of the three arbitrators is selected from the Panel of Indian Council of
Arbitration (ICA), the fee of the arbitrators shall be determined as per the rates
fixed/revised by the Indian Council of Arbitration from time to time and the fee shall be
borne equally by both the parties. A sole arbitrator shall be entitled to a 25% extra fee over
such a prescribed fee. The arbitrator shall be entitled to a 50 percent extra fee if the award
is made within 6 months in terms of provisions contained in section 29(A) (2) of The
186Manual for Procurement of Non-Consultancy Services, 2025
Arbitration Act. Besides the above, Arbitrator shall also be entitled to this extra fee in cases
where Fast Track Procedure in terms of section 29 (B) of The Arbitration Act is followed.
11. Fast Track Procedure: The parties to arbitration may choose to opt for a fast-track
procedure either before or after the commencement of the arbitration. The award in fast-
track arbitration is to be made out within six months, and the arbitral tribunal shall be
entitled to additional fees. The salient features of the fast-track arbitration are:
a) The dispute is to be decided based on written pleadings only. Procuring Entities may
encourage Fast Track Procedure based on written pleadings only.
b) Arbitral Tribunal shall have the power to call for clarifications in addition to the written
pleadings where it deems necessary.
c) An oral hearing may be held only if all the parties request or the arbitral tribunal
considers it necessary.
d) The parties are free to decide the fees of the arbitrator(s) for fast-track procedure.
12. Powers of Arbitral Tribunal to grant Interim Relief: The parties to arbitration may
approach the arbitral tribunal for seeking interim relief on the grounds available under
section 9 of the act. The tribunal has the powers of a court while making interim awards in
the proceedings before it.
13. Confidentiality: As provided in Section 42A of The Arbitration Act, all the details and
particulars of the arbitration proceedings shall be kept confidential, except in certain
situations like if the disclosure is necessary for the implementation or execution of the
arbitral award.
14. Obligation During Pendency of Arbitration: Performance of the contract shall, unless
otherwise directed by the Procuring Entity, continue during the arbitration proceedings,
and no payment due or payable by the Procuring Entity shall be withheld on account of
such proceedings, provided; however, it shall be open for Arbitral Tribunal to consider and
decide whether or not the performance of the contract or payment therein should continue
during arbitration proceedings.
15. The Arbitral Award: In the case of the Tribunal, comprising of three members, any ruling
on award shall be made by a majority of members of the Tribunal. In the absence of such
a majority, the views of the Presiding Arbitrator shall prevail. The arbitral award shall state
item-wise the sum and reasons upon which it is based. The analysis and reasons shall be
detailed enough so that the award can be inferred from it. It shall be further a term of this
arbitration agreement that where the arbitral award is for the payment of money, no interest
shall be payable on whole or any part of the money for any period till the date on which
the award is made in terms of Section 31 (7) (a) of The Arbitration Act. The award of the
arbitrator shall be final and binding on the parties to this contract. A party may apply for
corrections of any computational errors, typographical or clerical errors, or any other error
of similar nature occurring in the award or interpretation of a specific point of the award to
the Tribunal within 60 days of receipt of the award. A party may apply to the Tribunal within
60 days of receiving the award to make an additional award as to claims presented in the
arbitral proceedings but omitted from the arbitral award.
187Chapter 9: Monitoring Non-consultancy Services Contract
9.7.11. Challenging Arbitration/ Judicial Awards
1. ln matters covered by arbitration/ court decisions94, the guidance contained in ‘General
Instructions on Procurement and Project Management’ dated 29.10.202195 should be kept
in mind. In cases where there is a decision against the government/ public sector
enterprise, the decision to challenge/ appeal should not be taken routinely, but only when
the case genuinely merits going for challenge/ appeal and there are high chances of
winning in the court/ higher court.
2. In cases where the Ministry/ Department has challenged an arbitral award and, as a result,
the amount of the arbitral award has not been paid, 75% of the arbitral award (which may
include interest up to date of the award) shall be paid by the Ministry/ Department to the
contractor/ concessionaire against a Bank Guarantee (BG). The BG shall only be for the
said 75% of the arbitral award as above and not for the interest which may become payable
to the Ministry/ Department should the subsequent court order require refund of the said
amount.
3. The payment may be made into a designated Escrow Account with the stipulation that the
proceeds will be used first, for payment of lenders' dues, second, for completion of the
project and then for completion of other projects of the same Ministry/ Department as
mutually agreed/ decided. Any balance remaining in the escrow account after settlement
of lenders' dues and completion of projects of the Ministry/ Department may be allowed to
be used by the contractor/ concessionaire with the prior approval of the lead banker and
the Ministry/ Department. If otherwise eligible and subject to contractual provisions,
retention money and other amounts withheld may also be released against BG.)96
4. Arbitration /court awards should be critically reviewed. In cases where there is a decision
against government / public sector enterprise (PSE), the decision to appeal should not be
taken in a routine manner, but only when the case genuinely merits going for the appeal
and there are high chances of winning in the court/ higher court. There is a perception that
such appeals etc. are sometimes resorted to postpone the problem and defer personal
accountability. Casual appealing in arbitration / court cases has resulted in payment of
heavy damages / compensation / additional interest cost, thereby causing more harm to
the exchequer, in addition to tarnishing the image of the Government.
5. The Organisation should monitor the success rate of appealing against arbitration awards.
There should be a clear delegation to empower officials to accept arbitration / court orders.
A special board / committee may be set up to review the case before an appeal is filed
against an order. Arbitration /court awards should not be routinely appealed without due
application of mind on all facts and circumstances including realistic probability of success.
The board / committee or other authority deciding on the matter shall clarify that it has
considered both legal merits and the practical chances of success and after considering
the cost of, and rising through, litigation / appeal / further litigation as the case may be, it
is satisfied that such litigation / appeal / further litigation cost is likely to be financially
beneficial compared to accepting the arbitration / court award.
94
Notified vide OM No. F. 11/21/2024-PPD issued by Department of Expenditure dated 03.06.2024
95
Notified vide OM No. F./1/9/2021-PPD issued by Department of Expenditure dated 29.10.2021.
96
New rule 227A of GFR, 2017 notified vide OM No. F./1/9/2021-PPD issued by Department of Expenditure dated
29.10.2021.
188Manual for Procurement of Non-Consultancy Services, 2025
6. Statistics have shown that in cases where the arbitration award is challenged, a large
majority of cases are decided in favour of the contractor. In such cases, the amount
becomes payable with the interest, at a rate which is often far higher than the government's
cost of funds. This results in huge financial losses to the government. Hence, in aggregate,
it is in public interest to take the risk of paying a substantial part of the award amount
subject to the result of the litigation, even if in some rare cases of insolvency etc. recovery
of the amount in case of success may become difficult.
7. The only circumstances in which such payment need not be made is where the contractor
declines, or is unable, to provide the requisite bank guarantee and/or fails to open an
escrow account as required. Persons responsible for not adhering to are liable to be held
personally accountable for the additional interest arising, in the event of the final court
order going against the procuring entity97.
9.7.12. Mechanism for Resolution of Commercial Disputes between CPSEs
and Government Agencies
1. Introduction: To streamline and ensure the effective resolution of commercial disputes
between Central Public Sector Enterprises (CPSEs) and Government
Departments/Organizations, the Government of India has established the Administrative
Mechanism for Resolution of CPSEs Disputes (AMRCD). This mechanism, effective from
May 22, 2018, supersedes the earlier Permanent Machinery of Arbitration (PMA), and
applies to all commercial disputes concerning the interpretation and application of
provisions in contracts between:
a) CPSEs inter se, and
b) CPSEs and Government Departments/Organizations, excluding disputes related to
Railways, Income Tax, Customs, and Excise Departments.
2. Structure of AMRCD: The AMRCD operates on a two-tier structure:
a) First Level (Tier 1): Disputes are initially referred to a Committee comprising the
Secretaries of the respective Administrative Ministries/Departments involved and the
Secretary of the Department of Legal Affairs. The Financial Advisors (FAs) of the
concerned Ministries/Departments represent the issues before this Committee.
b) Second Level (Tier 2): If the dispute remains unresolved at the first level, it is escalated
to the Cabinet Secretary, whose decision is final and binding.
3. Procedure: The claiming party must approach the Financial Advisor of its Administrative
Ministry/Department to initiate the dispute resolution process. Meetings are held to
examine and resolve the dispute on its merits. The Committee is expected to finalize its
decision within three months of receiving the dispute notice. An aggrieved party can appeal
the first-level decision to the Cabinet Secretary within 15 days.
4. Inclusion in Contracts: All CPSEs must include a specific clause in relevant contracts to
ensure that disputes are resolved through the AMRCD as stipulated in the DPE98 O.M.
Ongoing contracts should also be amended to incorporate this clause.
97
As notified under para 16.1 to 16.5 of OM No.F.1/1/2021-PPD issued by Department of Expenditure dated
29.10.2021.
98
No. 4(1)/2013-DPE(GM)/FTS-1835 dated May 22, 2018, with latest amendment issued by Department of Public
Enterprises vide OM No. 05/0003/2019-FTS-10937 dated 14.12.2022.
189Chapter 9: Monitoring Non-consultancy Services Contract
9.8. Terminating Services Prior to End of Contract
9.8.1. Breach of Contract
1. In case the contractor undergoes insolvency or receivership; neglects or defaults or
expresses inability or disinclination to honour his obligations relating to the performance of
the contract or ethical standards or any other obligation that substantively affects the
Procuring Entity’s rights and benefits under the contract, it shall be treated as a breach of
Contract. Such defaults could include inter-alia:
a) Default in Performance and Obligations: if the contractor fails to deliver any or all
the Services or fails to perform any other contractual obligations (including Code of
Integrity or obligation to maintain production capability (equipment & manufacturing
facilities) based on which contract was awarded) within the period stipulated in the
contract or within any extension thereof granted by the Procuring Entity it shall be
treated as a breach of Contract.
b) Insolvency: If the contractor or any partner thereof, shall at any time, be adjudged
insolvent or shall have a receiving order or order for the administration of his estate
made against him or shall take any proceeding for composition under any Insolvency
Act for the time being in force or make any conveyance or assignment of his effects or
enter into any assignment or composition with his creditors or suspend payment or if
the firm be dissolved under the Partnership Act, the Procuring Entity may consider it
as a breach of Contract.
c) Liquidation: if the contractor is a company being wound up voluntarily or by order of
a Court or a Receiver, Liquidator or Manager on behalf of the Debenture-holders is
appointed, or circumstances shall have arisen which entitle the Court or Debenture-
holders to appoint a Receiver, Liquidator or Manager, the Procuring Entity may
consider it as a breach of Contract.
2. As soon as a breach of contract is noticed, a show-cause ‘Notice of Default’ shall be issued
to the contractor, giving two weeks' notice, reserving the right to invoke contractual
remedies. After such a show-cause notice, all payments to the contractor would be
temporarily withheld to safeguard needed recoveries that may become due on invoking
contractual remedies. If there is an unsatisfactory resolution, remedial action may be taken
immediately.
9.8.2. Termination of Contract
1. In some cases, termination is the optimal choice; in others, it is detrimental to the overall
intent of the assignment. This implies a missed opportunity, and a waste of the funds
already expended on the assignment. For these reasons, termination should be avoided
if possible, even if this means a considerable re-staffing of the Service Provider’s team.
2. Termination may be initiated by any party. Termination must be undertaken within the
terms of the contract document. These provide for a notice period of 30 (thirty) days and
payment by the Procuring Entity of any legitimate outstanding fees and costs to the service
provider, and the payment of legitimate costs to wind-up the Non-consultancy service team
(unless the termination was occasioned by the default of the service provider).
3. The CMC would indicate which of the final billings by the firm are eligible for payment and
which are not. In case of dispute over what is or is not a legitimate expense, eligible for
payment, the dispute mechanism described above is invoked and, if it is not possible to
190Manual for Procurement of Non-Consultancy Services, 2025
resolve the matter amicably, the issue is submitted for arbitration. The contract will remain
valid until the arbitration decision is made.
9.8.3. Termination of Contract for Default
1. In the event of unsatisfactory resolution of ‘Notice of Default’ within two weeks of its issue
as per para above, the Procuring Entity, if so decided, shall by written ‘Notice of
Termination for Default’ sent to the contractor, terminate the contract in whole or in part,
without compensation to the contractor. Before cancelling the contract and taking further
action, it may be desirable to obtain legal advice. Such termination shall not:
a) prejudice or affect the rights and remedies, which have accrued and/ or shall accrue
to the Procuring Entity after that.
b) affect the performance of the contract to the extent not terminated, unless otherwise
instructed by the Procuring Entity,
c) extinguish warranty obligations of the contractor, for the services already supplied, if
any.
2. If the contract is terminated in whole or in part, additionally, recourse may be taken to any
one or more of the following actions:
a) Temporarily withhold payments due to the contractor till recoveries due to invocation
of other contractual remedies are complete.
b) Call back any loaned property or advances of payment, if any, with the levy of interest
rate (e.g., the interest rate of the General Provident Fund-GPF) prevailing on the date
of release of advance payment, plus 2% to be compounded quarterly.
c) Recover liquidated damages and invoke denial clause for delays.
d) Prefer claims against insurances, if any.
e) Encash and/ or Forfeit performance security or
f) Invoke any other contractual securities, including Termination of Contract for Default
g) Initiate proceedings in a court of law for the transgression of the law, tort, and loss, not
addressable by the above means.
9.8.4. Determination of Contract for Default/ Convenience of Procuring Entity or
for Frustration of Contract
1. After placement of the contract, there may be an unforeseen situation compelling
Procuring Entity to terminate the contract, in whole or in part for its (the Procuring Entity’s)
convenience, by serving written ‘Notice for Determination of Contract’ on the contractor at
any time during the currency of the contract. The notice shall indicate inter-alia, that the
termination is for the convenience of the Procuring Entity or the frustration of the contract
and also the extent to which the contractor’s performance under the contract is terminated,
and the date with effect from which such termination shall become effective.
2. Such termination shall not prejudice or affect the rights and remedies accrued and/ or shall
accrue after that to the Parties.
3. Unless otherwise instructed by the Procuring Entity, the contractor shall continue to
perform the contract to the extent not terminated.
4. All warranty obligations, if any, shall continue to survive despite the termination.
5. Determining the contract by Procuring Entity for its convenience is not its legal right – and
the contractor must be persuaded to acquiesce. Depending on the merits of the case, the
contractor may have to be suitably compensated on mutually agreed terms for terminating
191Chapter 9: Monitoring Non-consultancy Services Contract
the contract. Suitable provisions to this effect should be to be incorporated in the tender
document as well as in the resultant contract.
6. The Services and incidental Goods/ Works that are complete and ready in terms of the
contract for delivery and performance within thirty days after the contractor’s receipt of the
notice of termination shall be accepted by the Procuring Entity as per the contract terms.
For the remaining Services and incidental Goods/ Works, the Procuring Entity may decide:
a) To get any portion of the balance completed and delivered at the contract terms,
conditions, and prices; and/ or
b) To cancel the remaining portion of the Services and incidental Goods/ Works and
compensate the contractor by paying an agreed amount for the cost incurred by the
contractor, if any, towards the remaining portion of the Services and incidental Goods/
Works.
9.8.5. Frustration of Contract
Upon a supervening cause occurring after the effective date of the contract, including a change
in law, beyond the control of either party whether because of the Force Majeure clause or
within the scope of section 56 of the Indian Contract Act, 1872, that makes it impossible to
perform the contract within a reasonable timeframe, the affected party shall give a ‘Notice of
Frustration Event’ to the other party giving justification. The parties shall use reasonable efforts
to agree to amend the contract, as may be necessary to complete its performance. However,
if the parties cannot reach a mutual agreement within 60 days of the initial notice, the Procuring
Entity shall issue a ‘Notice for Determining the contract’ and terminate the contract as per para
9.8.4 above, due to its frustration, without repercussions on either side.
9.8.6. Limitation of Liabilities
Except in cases of criminal negligence or willful misconduct:
1. neither Party shall be liable to the other Party, whether in contract, tort, or otherwise, for
any indirect or consequential loss or damage, loss of use, loss of production, or loss of
profits or interest costs, which may be suffered by the other Party in connection with the
Contract, provided that this exclusion shall not apply to any obligation of the Contractor to
pay liquidated damages to the Employer and
2. the aggregate liability of the Contractor to the Procuring Entity, whether under the Contract,
in tort or otherwise, shall not exceed the total Contract Price, provided that this limitation
shall not apply to any obligation of the Contractor to indemnify the Employer with respect
to patent infringement.
3. the aggregate liability of the Employer to the Contractor except for patent infringement,
whether under the Contract, in tort or otherwise, at any point of time during the
execution/performance of the Contract, shall not exceed the ‘total Contract Price less
payments already released to the Contractor’.
9.9. Monitoring of NC Services Contracts – Risks and Mitigation
Risks Mitigation
1. Substitution of key experts in The Procuring Entity needs to deal with such
implementation: When the contract requests strictly in terms of contract provisions
progresses, over a period of time, the which permit substitution of key experts in
request for substitution of key staff is exceptional circumstances such as “death or
medical incapacity”. Substitution of a person
192Manual for Procurement of Non-Consultancy Services, 2025
Risks Mitigation
made by the firm citing reasons of non- “of equivalent or better qualification and
availability, health, and so on. experience” should receive utmost scrutiny
and compliance, as diluting such a provision
leads to loss of quality of work and a serious
integrity issue. Such substitution should not
give any undue financial benefit to the
contractor.
2. Cost overruns in time-based This type of contract should include an upper
contracts: Time and Cost over-run is a limit of total payments to be made to the
major risk in Time-based contracts, as the service providers for the assignment to
payment is based on time and delay may safeguard against excessive prolonging of time
result in unanticipated benefit to the and payments. After this limit is reached, or the
service provider and the assignment may period of completion is exceeded, CA should
get delayed. review justification for extension of the
contract. One of the ways to prevent cost
overruns in time-based contract is to require
Procuring Entities acquire contract
management capacity to manage service
contracts before contract is signed. It is
Procuring Entity’s mandate to monitor service
provider’s contracts and also to request service
providers to keep producing progress reports
and highlighting the status of their contract as
it reaches milestones such as 50% and 80%
progress. Procuring Entity must carefully
authorise mobilisation and demobilisation of
key experts and examine the time sheets and
other reimbursable expenditures.
3. Advance payments: This is an area of Any mobilisation or other advance payments
risk in public procurement with undue and should be interest bearing and should be only
unintended benefits to the contractor, for justifiable cases. Terms of such advances
which vitiates the original selection should be expressly stated in the NIT/tender
criteria. documents. The advance payment may be
released in not less than two stages depending
upon the progress of the contract. Advance
should be progressively adjusted against bills
cleared for payment. Interest should be
charged on delayed recoveries irrespective of
the reason stated.
4. Contract changes and Contract modifications and renegotiations
renegotiations: This is also a risk area, should not substantially alter the nature of the
where the procuring entity may not get contract. It should not vitiate the basis of the
what it contracted and paid for or may pay selection of the contractor. It should not give
for what it has not received. On the other undue or unintended benefits to the contractor.
hand, the contractor may not get timely or However, for any changes caused by the
procuring entity, the contractor should be
193Chapter 9: Monitoring Non-consultancy Services Contract
Risks Mitigation
proper amendments due to changes adequately and timely compensated within the
asked by the procuring entities. contractual terms.
5. Supervising agencies/individuals are A contract management manual or operating
unduly influenced to alter the contents of procedure should be prepared for large value
their reports so changes in quality, contracts. There should be inbuilt systems of
performance, equipment, and checks and balances.
characteristics go unnoticed. All large contracts should be formally
6. Contractor’s claims are false or reconciled for closure to ensure that the scope
inaccurate and are protected by that in- of the work is completed. This should include
charge of revising them. the dispute resolution forum for resolving
disputes in a fixed timeframe with provision of
7. Payment to the contractor is delayed
escalation level.
intentionally or otherwise.
All payments/recoveries should also be
8. Contractor gets final payment, but
reconciled. It should also be ensured that
contract closure has not been formally
material/assets loaned to him including
done. As a result, material/assets loaned
security passes are accounted for.
to him are not accounted for.
9. Every dispute lands up in arbitration
or court cases since the procuring entity
is reluctant to grant compensation for its
own lapses to the contractor.
10. Agents/ Sub-contractors and Normally Procuring Entity should deal with the
partners, chosen in a non-transparent contractor directly and not though agents. If
way, are unaccountable or are used to foreign contractors in GTE contracts use
channel bribes. agents, then the relationship between
contractor and Agent should be as per the
contract (and Integrity Pact Annexure 12, if
applicable) in conformity with paras 3.3.3-2-b)
and 3.9. Sub-contracting should be regulated
as per the contract and paras 3.2.3-1, 5.2.2-3-
c), and 9.2.5-7.
194Manual for Procurement of Non-Consultancy Services, 2025
ANNEXURE
195Manual for Procurement of Non-Consultancy Services, 2025
Annexure 1: Financial Powers to Sanction Expenditure for
Purchases and Execution of Contracts
(Refer Para 1.5-1,4.4.1-2, 7.2.1-5,7.5.4-3)
1. DFPR, 2024, Rule 11, Sub-Rule (1): Subject to the provisions of DFPR 2024 and the
provisions of the General Financial Rules, governing the procurement of goods and
services, a Department of the Government of India shall have full powers to sanction
expenditure for purchases and for execution of contracts.
a) DFPR 2024, Annexure II (General Conditions for incurring expenditure), para 11: In
order to derive the benefit of these delegations optimally, the Departments of the
Government of India should not only make full use of the delegated powers but also
further re-delegate powers to their subordinate organisations to match the latter’s
requirements. A complete review of such re-delegations may be undertaken at least
once in three years.
2. Powers to sanction expenditure for purchases or execution of contracts to be exercised by
Secretary of the Department, shall be as follows:
Sub-rule (2) For open or limited tender contracts Rs. 100 crores
Sub-rule (3) For negotiated or single tender or proprietary contracts
Rs. 25 crores
and agreements
3. Sub-Rule (4): Contracts or purchases, the amount of which exceeds the value stated in
sub-rules (2) and (3) above, in the categories stated, shall require the approval of the
Minister in charge of the Department.
4. Sub-Rule (5): Subject to the provisions of DFPR 2024, Secretaries of the Departments of
Government of India may, by general or special order, confer powers not exceeding those
vested in them as specified in Sub-rule (2) and (3) of Rule 11 ….. upon an Administrator
or Head of the Department or any other authority subordinate to him in consultation with
the Financial Advisor of the Department or Ministry.
a) Redelegation of Powers: Rule 12, sub-rule (3): The Administrator or Head of the
Department ……. by an order in writing, authorise a Gazetted Officer serving under
him to exercise to such extent, as may be specified in that order, all or any of the powers
conferred on such Administrator or Head of the Department …. The Administrator or
Head of the Department shall, however, continue to be responsible for the correctness,
regularity and propriety of the decisions taken by the Gazetted Officer so authorised.
b) Charter for FA, 2023, Para 20: Under Rule 12 of the Delegation of Financial Powers
Rules (DFPR), and orders of DoE, certain powers have been given to Departments
and to Heads of Department to decide the financial limits up to which they wish to
further delegate powers for incurring certain types of expenditure. Such cases of re-
delegation of powers may be either with a requirement to consult with Financial Adviser
in individual cases while exercising the re-delegated power or without a requirement
to consult the Financial Adviser in individual cases while exercising the re-delegated
power. All orders of re-delegation of powers require consultation of the Financial
Adviser on both these points, viz. the extent of re-delegation and whether or not
consultation of the Financial Adviser in individual cases will be required.
5. Sub-Rule (6): Notwithstanding anything contained in sub-rules (1), (2), (3) and (4),in cases
where powers to award contract or purchase or consultancy in a Project or Scheme has
been considered and allowed by Public Investment Board (PIB) or Expenditure Finance
197Annexure 1: Financial Powers to Sanction Expenditure for Purchases and Execution of
Contracts
Committee (EFC) or Cabinet, as the case may be, such cases will be processed as per
the financial limits laid down for sanction of such Schemes or Projects by that Authority.
Clarification w.r.t Rule 11 (6) It is clarified that where the award of contract,
purchase or engagement of consultancy services forms part of a Project or
Scheme, which has been appraised by the PIB or EFC, and approved by the
Competent Financial Authority (including the Cabinet), and where financial
limits for such powers have been specifically prescribed in such approval,
the limits allowed by the Competent Financial Authority shall be followed.
6. Explanation: If a contract extends over a period of time, the total value over the entire
period of currency shall be taken for the purpose of applying the limit.
7. These rules shall not apply to:
a) the Ministry of Railways and authorities subordinate to that Ministry;
b) the Ministry of Defence and authorities subordinate to that Ministry in relation to
expenditure debitable to Defence Services Estimates.
c) the Departments of Atomic Energy and Space;
d) the Department of Telecommunications;
e) the Government of India’s representatives abroad whose powers shall be determined
in accordance with the rules or orders issued separately in consultation with the
Finance Ministry.
198Manual for Procurement of Non-Consultancy Services, 2025
Annexure 2: Suggested Structure of Schedule of
Procurement Powers (SoPP)
(Refer Para 1.5-1, 4.4-2, 7.2.1-5, 7.2.7-3, 8.2-4)
A suggested structure of SoPP99 is given below. However individual threshold values
(wherever not given in GFR/ DFPR) would depend on the respective circumstances of various
Organisations.
Threshold Value in Rupees (Lakh)
Five columns for level of officers are just indicative, there would be more levels as per
competent Financial Authorities (CFAs, including Minister or Board of Directors in CPSEs)
in organisations.
Competent Financial Level -1 Level-2 Level 3 Level-4 Level-n
Authority > Level 1 is lowest
and Level -n is highest
Procurement Proposal initiation, approvals and Signing: Including formulation of
Services and Activities Schedule and Cost Estimates
In Principle Approval, initiation
and approval of Procurement
Proposals for Services
Initiation, Approval of Services
and Activities Schedules and
Cost estimates for Services
Final Administrative, Budgetary
Approval for Starting
Procurement
Approval for Floating of Tenders of Various Types including
Approval Selection of System
of Selection of service
providers – other than LCS –
QCBS
Approval for Selection by
nomination of Services
Preparation and Approval of
Bidding Documents and
floating of Tenders – EoI/
Tender for services
Approval of Retendering of a
discharged tender after second
attempt
99
The procuring entities will indicate the stages and the value threshold above which consultations with/
concurrence/ vetting from IFD would be required
199Annexure 2: Suggested Structure of Schedule of Procurement Powers (SoPP)
Competent Authority (CA) for Evaluation and Acceptance of Tenders
Procurement without calling
Quotation
Procurement Through a
Purchase Committee
Direct Approval of Tenders
Without Tender committee
Tender Committee/ CEC Composition and CA for Acceptance – EoI/ RfP for Services.
Slabs below are suggestive but would depend on the frequency of cases in various
slabs of procurements in an organisation.
Slab 1 (Rs 10 Lakh to 50 Lakh) –
Level 2 officers’ TC, Acceptance
by Level 3 Officer
Slab 2 (Rs 50 Lakh to 2 Crore) –
Level 3Officers’ TC acceptance
by Level 4 Officer
Slab 3 (Rs 2 Crore 25 Crore) –
Level 4 officers’ TC acceptance
by Level 5 Officer
Higher levels and other type of
TC to suit local requirements,
Acceptance at Sec level
Approval of acceptance of Single
Offer against GTE/ OTE/ LTE and
acceptance of unsolicited Offers
in LTE against urgency certificate
by the indentor
Formulation and Placement of Contracts
Contracts after following
Tendering Process
Acceptance of Special Conditions with concurrence of Finance before Award of
Contract as per recommendation of TC/ CA
Acceptance of Advance
Payments
Other Variations demanded by
Bidders in special circumstances.
Post Contract Powers, including
Bill Passing and Payments, Handing over assets/ equipments/ material/ utilities to
Contractor; Extensions with or without LD, or approvals of Variations, Contract Closure,
Terminations, Arbitrator appointment, Accepting and sanctioning Court and Arbitration
award
Waiver of Liquidated Damages
Allowing release of Time-barred
claims
200Manual for Procurement of Non-Consultancy Services, 2025
Enlistment and Debarment of service providers
Initiation and Approval of
Enlistment of service
providers
Initiation and Approval of
Removal from Enlistment of
service providers due to
misdemeanours
Initiation and Approval of
Holiday Listing/ Suspension
of service providers due to
misdemeanours
Initiation and Approval of
Banning of service
providers within the Ministry
or recommendation to
Ministry of Commerce for
Country-wide
201Manual for Procurement of Non-Consultancy Services, 2025
Annexure 3: Format of Procurement Proposal
Procurement Proposal (Concept Paper) for Procurement of Non-consultancy services
(Refer Para 2.2.1)
NO. Date
Category of Assignment Consultancy Services/ Non-consultancy
services
Name of Officer/ Office proposing the
Assignment
Brief Description of Non-consultancy services Proposed:
Proposed Period of Engagement:
Place and Nodal Officer for execution
Total Estimated Cost:
Estimate Name/ number:
Allocation No Allocation Code
No
1. Purpose/ Objective Statement of Services
a) Description of service:
b) Background of the Organisation and the Project:
c) Purpose/ Objectives of the Assignment: (Highlight how the proposed
procurement of services would fit in with short-term and strategic goals of Procuring
Entity)
2. Service Outcome Statement - Outcomes expected from the Procurement of
Services:
a) Broad List of Activities/ Steps involved in achieving objectives:
b) Expected Time-frame of assignment/ Duration of Engagement:
c) Rough estimate of cost of Procurement of services: (including related costs to
be incurred by the organization)
3. Justification for the procurement of Services - Capabilities required for carrying
out the assignments:
4. Rough assessment of available in-house capabilities as compared to required
capabilities:
5. Precedence and similar assignments carried out earlier in our organisation/ similar
organisations
6. The eligibility and pre-qualification criteria to be met by the service providers:
7. Justification: Based on assessment of required and in-house capabilities;
It is certified that, the procurement (outsourcing) of these services is justified for following
reasons (Tick one main point below). Please also add a narrative justification:
a) An administrative policy decided by the Ministry/ Department to outsource specific
(class of) services; or
b) Economy, Speed and efficiency and more effective delivery of public services relating
to additional requirement/ commitment/ usage of (tick one or more below):
i) Staff/ Management/ Organization;
ii) Technological and Material Resources;
202Annexure 3: Format of Procurement Proposal
iii) Money, and
iv) Time/ Speed of execution.
8. In principle approval
In principle approval may kindly be accorded, for further processing. Final administrative and
budgetary approvals would be taken after development of Terms of Reference/ Services and
Activities Schedule and detailed estimates.
Proposing Officer
Signatures/ Name/ Designation/ Department
Comments and Instructions:
Approving Officer
Signatures/ Name/ Designation/ Department
203Manual for Procurement of Non-Consultancy Services, 2025
Annexure 4: Services and Activities Schedule for Non-
consultancy Services
(Refer Para 2.3.1-3)
1. Title of the Services
2. Background of Procuring Organisation and Services and impact on Procuring
Organisation’s performance/ objectives;
3. Statement of Purpose and Service Outcomes
4. Contract Period: (Unless otherwise stipulated, the period for which Service shall be
Contracted shall be one year from the date of Contract, with a provision for extension for
four months (unless otherwise stipulated) after that.)
5. Description and Scope of Services
6. Form of BOQ/ Contract – (Time-based (input/ output admeasurement) or Indefinite
delivery (input/ output admeasurement) or Lumpsum or Percentage-Based)
7. Itemized Services and Activities Schedule
a) Tasks, Activities, dependencies, categorised into classes, location and features
affecting prices.
f) Frequency of Activities, Quantum, Length and Duration of Activities
g) Performance standards for such activities
8. Labour/ Personnel Deployment Schedule:
a) Type of Personnel, Number of each type, Place, Shifts, Frequency of deployment
b) Project Managers, Supervisors, Their qualifications/ experience, numbers
c) Leave reserve and reliving staff needed are not included in the numbers of personnel,
these must be included in the rate of each personnel
9. Material Schedule, if any: Materials, Consumables, Tools of Trade, to be consumed/
deployed, tabulate, quantum, specifications, per unit of activity/ Manpower/ day/ location
etc
10. Essential Equipment Schedule: Deployment of essential machinery (equipment, Trucks,
Cranes, Washing Machines, vessels/ crafts, plant & machinery) – mention quantity/
activity, specifications, capacity, age. Possession/ access to such machinery may also be
included in the qualification requirements.
11. Deliverables/ Outcomes and Timelines (frequency) thereof:
12. Statutory and contractual obligations to be complied with by the contractor: Various
statutory provisions relating to labour, taxation, Workmen Safety, Child and Women
Labour, Private Security Agencies, Environmental Protection, Mining, Forest clearance,
Employment reservations and Procuring Entity’s own regulation about safety, security,
confidentiality etc. must be listed, so that price implications and compliance is taken care
of by the bidder.
13. Facilities and Utilities to be provided by the Procuring Entity to service provider at
Site: It should be mentioned, if any facility/ utility (Operation Manuals, Emergency Medical,
Room, Furniture, Electricity connection, Water connection) etc would be made available
to the successful bidder to carry out the service. In case it is proposed to charge the
Electricity/ Water supplied to the service provider, the same may be mentioned, including
the rate of charges. Specially mention facilities and utilities which will not be provided, or
the facilities which would be provided on chargeable basis.
204Annexure 4: Services and Activities Schedule for Non-consultancy Services
14. Insurances: Required to be taken by the contractor
15. Institutional and organisational arrangement
a) Counterpart Project Manager and Team
b) Chain of Command for reporting
c) Procedure for review of the work of service provider after award of contract
205Manual for Procurement of Non-Consultancy Services, 2025
Annexure 5: Bid Opening Attendance Sheet cum Report
(Refer Para 5.3-3- a and i))
(Name of Procuring Entity)
Bid Opening Attendance Sheet cum Report
Type EoI/ Technical/ No Date and
of Financial Time of
Openi Opening
ng
Title of
Tender
Attendance Record
Sr No Bidder’s Name Bidder’s Bidder’s Represented by Contact No. Signature of
Address Authorisati Representat
on and Date ive
Bid Opening Report
Offer Bidder’ Bidder’ Submission Submission No of Rate Quoted Other Special
No. s Name s Ref of Requisite of other Cuttings/ and Taxes/ Features
and EMD Mandatory Overwritin Duties Announced
Date (Y/N) Documents gs (Financial
(Y/N) Bid)
--/---
--/--
--/--
Total no. of regular tenders taken out from the tender box to be opened as mentioned
above................................................... (In figures and in words)
Signature, Date and Time Signature, Date and Time
Name and Designation of Tender Opening Name and Designation of Tender Opening Officer
Officer
Received total regular tenders....................... (In figures/words) as above
Signature, Date and Time Signature, Date and Time
Name and Designation of Procuring Entity Name and Designation of Procuring Entity Officer
Officer
206Manual for Procurement of Non-Consultancy Services, 2025
Annexure 6: Tender Committee Minutes Format for Non-
Consultancy Services
(For EoI/ Techno-Commercial/Financial Bids)
(Refer Para 7.2.8-1, 7.3.4-5-a), 8.1.2-8)
Organisation:_____________________________
_______________________________________________
Minutes of Tender Committee Meeting
(EoI/ Techno-commercial/Financial Bids)
Stage of Evaluation: EoI/ Technical/ Financial
Section I: Top Sheet
File No: Date:
Procuring Entity/ Method of LCS/ QCBS/
Client Selection SSS
Type of Contract Lump-sum/ Time Based/ Percentage/ Retainer cum Success Fee/
Indefinite Delivery
Name of Estimated Cost:-
Assignment
Tender Stage Date of
Published In Publication
Bid Validity and Bid Opening Date
Extensions taken
Past Precedents/ Procurements
Sr. service Order Reference Description Cost Details Remarks
No. provider & Date of Service
Members of the Tender Committee
Sr. Name Designation Sr. Name Designation
No. No.
1 2
3 4
Section II: Background of the Assignment
Include a brief description, context, scope, and objectives of the services. Mention technical
and financial approvals; estimated cost; budgetary provisions; urgency of requirement;
special technical requirements and other connected procurements which are part of same
package/project.
Review special conditions, restriction if any, on participation of bidders; purchase
preferences, requirements prescribed in bid documents (EMD, document submission, etc.)
Describe briefly the selection process that has been completed before this stage: mode of
bidding; bidding document contents; bid publication; Pre-proposal Conferences,
Amendment/ Clarifications sought and given, withdrawals of firms before proposal
submissions, level of competition obtained; issues if any noticed during bid-opening (bids
not opened due to lack/ unsatisfactory EMD, etc.), the establishment of the shortlist, EoI,
and. Describe major events that may have affected the timing (delays, complaints from
service providers, reference of Tender document (attach with the Evaluation Report or make
207Annexure 6: Tender Committee Minutes Format for Non-Consultancy Services
it available for review/approving authority), extension of proposal submission date, and so
on).
Names/nationality of firms/associations (mark domestic firms and firms that had expressed
interest) of Firms who participated and Shortlisted Bidders prior to this stage – EoI/
Technical Evaluation:
i) Participated/ Expressed Interest:
ii) Shortlisted in EoI/ Technical Evaluation prior to this
Section III: Preliminary Evaluation of Responsiveness
Review handling of any complaints received
Discuss preliminary evaluation for determining substantially responsive bids and for minor
corrections and clarifications
Section IV: Evaluation of Responsive Bids: Technical Evaluation
i) Describe briefly the meetings and actions taken by the evaluation committee: formation
of a technical evaluation team, outside assistance, evaluation guidelines, justification
of sub-criteria and associated weightings as indicated in the Tender Document and
compliance of evaluation with Tender Document.
ii) Summary of Evaluation Criteria and Weights assigned
iii) Grading and Rating Scheme in the Bid documents or decided before the Evaluation
iv) Present results of the technical evaluation: scores and the award recommendation
(based on Rating System agreed among evaluators prior to receipt of proposals).
v) Highlight strengths and weaknesses of each proposal (most important part of the
report).
a) Strengths: Experience in very similar projects in the country; quality
of the methodology, proving a clear understanding of the scope of the
assignment; strengths of the local partner; and experience of proposed staff
in similar assignments.
b) Weaknesses: Of a particular component of the proposal; of a lack of
experience in the country; of a low level of participation by the local partner;
of a lack of practical experience (experience in studies rather than in
implementation); of staff experience compared to the firm’s experience; of a key staffer (e.g.,
the team leader); of a lack of responsiveness; and of disqualifications (conflict of interest).
vi) Comment on individual evaluators’ scores (discrepancies). Items requiring further
negotiations.
Technical Evaluation Report should also contain
a) Technical Evaluation Summary (simplified in case of LCS or EoI, otherwise detailed,
if so chosen in Tender Document)
b) Evaluation of Service Provider’s Experience (In case of Detailed Technical
Evaluation specified)
c) Evaluation of Methodology & Work Schedule (In case of Detailed Technical
Evaluation specified)
d) Evaluation of the Key Professionals (In case of Detailed Technical Evaluation
specified)
Section V: Evaluation of Technically Successful Bids: Financial Evaluation
i) Start with review of techno-commercial evaluation and shortlisted Firms and
approval and directions by CA
ii) Describe briefly the meetings and actions taken by the evaluation committee:
formation of a financial evaluation team, outside assistance, evaluation guidelines,
justification of associated weightings as indicated in the Tender Document and
compliance of evaluation with Tender Document.
iii) Insert a summary table of evaluated financial scores/ combined weighted scores
208Manual for Procurement of Non-Consultancy Services, 2025
iv) Deliberations should be in the sequence of financial/ combined scores etc. Indicate:
any issues faced during the evaluation, such as difficulty in obtaining the exchange
rates to convert the prices into the common currency used for evaluation purposes;
adjustments made to the prices of the proposal(s) (mainly to ensure consistency with
the technical proposal) and determination of the evaluated price (does not apply to
Quality-based (Quality-based), Selection- based on Qualifications (Qualifications),
and Single-source Selection (Single-Source));arithmetical correction in case of
Time-based Contract, tax-related problems; award recommendation; and any other
important information.
v) Attach Minutes of Public Opening of Financial Proposals
Section VI: Summary of Recommendations
Bid-wise recommendation should be recorded
In case of evaluation of financial bids,
1. Give a summary of recommended bids, award value, bid expiry date and special
conditions, if any;
2. Also mention that the rates recommended are considered reasonable (and basis for
such determination);
3. Total value of the recommendations for determining level of acceptance authority;
4. Mention that none of the TC members have any conflict of interest with the parties
recommended for award;
5. Request acceptance of recommendations by competent authority and that it’s within his
powers of acceptance as per SoPP/ DFPR.
Signature Name and Designation of the Members
1 2
Date: Date:
(Name & Designation) (Name & Designation)
3 4
Date: Date:
(Name & Designation) (Name & Designation)
Remarks by the Accepting Authority:
_____________________________________________
Signature:______________________________ Date:__________________
Name & Designation of Accepting Authority___________________________
209Manual for Procurement of Non-Consultancy Services, 2025
Annexure 7: Certificate for Procurement of Non-
consultancy services without Quotation
(Refer Para 4.4-3-e-i))
Ref ____________________________________________________________
No:
Place: ____________________ Date: ____________________
“I, ___________________, am personally satisfied that the Non-consultancy services
executed as described below are of the requisite scope and performance standards and have
been got executed from a reliable service provider at a reasonable price.”
Description of Service:
Justification:
Place and Nodal Officer
for availing the Services
Contract Basis Lump-Sum/ Unit (Item) Rate/ Time-based
Scope/ Quantum/
Performance Standards
Rate:
Taxes/Duties:
Other Charges:
Total Contract Price:
service provider M/S
Vide Bill No.:
Cheque may be drawn in
favour of
Name of Procuring
Officer:
Designation:
Signature:
210Manual for Procurement of Non-Consultancy Services, 2025
Annexure 8: Purchase Committee Certificate for
Procurement of Non-consultancy services.
(Refer Para 4.4-3-e-ii))
Ref __________________________________________
No:
Place: __________________________ Date: _________________________
Description of Service:
Justification:
Place and Nodal Officer for availing the
Services
Contract Basis Lump-Sum/ Unit (Item) Rate/ Time-based
Scope/ Quantum/ Performance Standards
Details of Prices Ascertained
service Rate: Taxes/Duties: Other Total Total Recommendations
provider Charges: Unit Price: & Comments
Price:
Selected service provider
Unit Rate, Taxes/ Duties/ Other
Charges
Total Unit Rate
Total Value of Purchase
Cheque may be drawn in favour
of
Signature: Signature: Signature:
Name 1: Name 2: Name 3:
Designation: Designation: Designation:
“Certified that we the undersigned, members of the purchase committee are jointly and
individually satisfied that the above-described Services are executed at a reasonable price
and are of the requisite scope and performance standards and have been got executed from
a reliable service provider, and it is not debarred by Department of Expenditure or
Ministry/Department concerned.” The details of recommended purchase are:
211Manual for Procurement of Non-Consultancy Services, 2025
Annexure 9: Limited Tender Form
(Refer Para 4.4-3-c-i))
Name of the Procuring Entity __________________________________________
Firm’s Reference Date
Firm Registration No. (if any) PAN (attach
photocopy)
TIN/ GST# Address:
Phone
LIMITED
TENDER FORM
Fax
Email
M/s: Enquiry No. and
Date
Date of Tender
Opening
The tender would be opened at three pm on the date
of tender opening above, at the address mentioned
above.
Please submit on or before 3:00 pm on the date of tender opening, your quotation for the following
services, in accordance with the terms and conditions printed overleaf, in a sealed cover, marked
on top with – Enquiry No; Date of Tender Opening.
Yours Sincerely
Procuring Officer
Services and Activities Schedule: All Rates in Figures and in Words in Rupees
Sr No: Description of Services/ Qty Unit Delivery Rate per Unit Taxes Total Total
Activities Terms & Rate Value
Duties per
Unit
Delivery Schedule:
Enclosed Performance Standards /Special Conditions of Contract:
I/ we engage to delivery of Service(s) to your office and comply the following:
1. Services and Activities schedule and Performance indicated.
2. Special conditions of Contract for this tender.
3. Terms and conditions printed overleaf.
212Annexure 9: Limited Tender Form
4. General conditions of contract (signed at the time of vendor registration).
5. I/we confirm that set off for the GST, etc. Paid on the inputs have been taken into consideration
in the above quoted price and further agree to pass on such additional duties as sets offs as may
become available in future under GST, etc.
6. This offer is valid for 90 (ninety) days from the date of opening of the tender.
7. An undertaking that we have not been debarred by the Procuring Entity (Government/
Department/ CPSE) that has issued this Limited Tender Enquiry. An undertaking that we have not
been debarred by Department of Expenditure (DoE), Ministry of Finance, Government of India.
8. That the rates quoted are not higher than the rates quoted for same item to any
Government/Undertaking.
9. That the bid submitted by us is properly sealed and prepared so as to prevent any subsequent
alteration and replacement.
Signature & Seal Name of Authorised
Place & Date: Signatory:
Address: Tel. No./ Fax. No./
Mobile No.
Email Id:
TERMS AND CONDITIONS OF LIMITED TENDER
1. The quotation must be in the form furnished by procuring entity and should be free from
corrections/erasures. In case there is any unavoidable correction it should be properly
attested. If not the quotation will not be considered. Quotation written in pencil will not be
considered.
2. Quotation will be opened on due date at 3.00 pm at the indicated venue in presence of the
bidders or their representatives who may wish to be present.
3. The Procuring Entity reserves the right to accept the offer by individual items and reject
any or all tenders without assigning any reason thereof and does not bind itself to accept
lowest quotations.
4. Participation in this tender is by invitation only and is limited to the selected procuring
entity’s registered service providers. Unsolicited offers are liable to be ignored. However,
service providers who desire to participate in such tenders in future may bring it to the
notice of procuring entity and apply for registration as per procedure. Note: to get
registered as an approved service provider with the procuring entity, please download
service provider approval form from ____________________ and submit.
5. Manufacturer’s name and country of origin of services offered must be clearly specified.
Please quote whether your organisation is large scale industry or small-scale industry. If
you have NSIC/ MSE/ MSI Certificate, please attach it to the quotation. Mention your
registration details. Purchase Preference and restriction policies of the Government of
India shall be applicable in this Tender.
6. Complete details and performance standards if any must accompany the quotation. If you
have got any counter offer as suitable to the Services required by us, the same may be
shown separately.
7. All Services delivered are subject to inspection/ review and approval before acceptance.
8. The Procuring Entity reserves the right to modify the quantity specified in this enquiry.
213Manual for Procurement of Non-Consultancy Services, 2025
9. The prices quoted should be firm till the services are completed. Please quote the rates in
words and figures. Price quoted should be net and valid for a minimum period of three
months from the date of opening of the quotation.
10. Payment of GST is primarily the responsibility of the service provider and will not be paid
unless the percentage value is clearly mentioned in the quotations. If no indication
regarding GST is recorded in the quotation, the GST will be considered as included.
11. Delivery period required for delivering the services should be invariably specified in the
quotation.
12. In case your quotation is accepted, and order is placed on you, the services against the
order should be completed within the period stipulated in the order. The Procuring Entity
reserves the right to recover any loss sustained due to delayed delivery by way of penalty.
Failure to perform Services within the stipulated period shall entitle Procuring Entity for the
imposition of penalty without assigning any reasons @ 1/2% (half percent) of the total
value of the services covered in order as penalty per day subject to a maximum of 5% (five
percent) unless extension is obtained in writing from the office on valid ground before
expiry of delivery period.
13. If the deliveries are not maintained and due to that account Procuring Entity is forced to
obtain services at your risk and cost from elsewhere, the loss or damage that may be
sustained there by will be recovered from the defaulting service provider.
14. Dispute clause: Any dispute relating to the enquiry shall be subject to the jurisdiction of the
court at (indicate Place) only.
15. Our normal payment terms are 100% (hundred percent) within 30 (thirty) days on receipt
and acceptance of services at our site.
214Manual for Procurement of Non-Consultancy Services, 2025
Annexure 10: Example of Formula for Price Variation Clause
(Refer Para 6.5-2-d-x))
(The formula for price variation should ordinarily include a fixed element, a material element
and a labour element. The figures representing the material element, and the labour element
should reflect the corresponding proportion of input costs, while the fixed element may range
from 10 to 25% (ten to twenty-five percent). That portion of the price represented by the fixed
element and profits and is not subject to variation. The portions of the price represented by
the material element and labour element along will attract price variation.)
The formula for price variation will thus be:-
𝑀𝑀1 𝐿𝐿1
⎡�𝐹𝐹+𝑃𝑃� �+𝑏𝑏� ��⎤
𝑀𝑀𝐶𝐶 𝐿𝐿𝐶𝐶
⎢ ⎥
𝑃𝑃𝑃𝑃 = 𝑃𝑃𝐶𝐶 −𝑃𝑃𝐶𝐶
⎢ ⎥
100
Where: - ⎢ ⎥
⎣ ⎦
P is then adjustment amount payable to the contractor (a minus figure will indicate a reduction
a
in the contract price) on the date of supply.
P is the contract price on the base date (which is taken as the date on which tender is due to
o
open).
F is the fixed element (as the percentage of the total price) not subject to price variation.
a is the assigned percentage to the material element in the contract price.
b is the assigned percentage to the labour element in the contract price.
(F, a and b being percentages should total 100)
L and L are the average wage indices for the quarter before the quarter in which base month
o 1
falls and for the quarter before the quarter in which date of delivery falls; respectively. For
example, for a tender opening on March 17, 2016 (base date), L would be average wage
o
index for the quarter of Oct-Dec 2015.
M and M are the material prices/ indices as average of the month, two months prior to the
o 1
month in which base month falls and average of the month, two months prior to the month in
which date of delivery falls, respectively. For example, for a tender opening on March 17, 2016
(base date), M would be prices/ index as average of the month of January 2016. All material
o
prices/ indices will be basic prices without excise duty and without any other central, state,
local taxes and duties and Octroi.
If more than one major item of material is involved, the material element can be broken up into
two or three components such as M , M , M .
x y z
The following conditions would be applicable to price adjustment:
1. There is a Time-lag period between the date of delivery/ base date respectively and the
dates on which indices/ prices are to be considered as per above formula. This time lag
can be a few months/ weeks prior to such base date/ date of delivery, depending on the
frequency of publishing/ availability of indices/ prices and the supply chain process of
manufacturing. This must be specified in the definitions of L / L and M /M indices in the
0 1 0 1
formula in the tender document as above.
2. Base date shall be assumed to be the bid submission deadline.
3. No price increase is allowed beyond original delivery period.
215Annexure 10: Example of Formula for Price Variation Clause
4. No price adjustment shall be payable on the portion of contract price paid to the contractor
as an advance/ interim payment after the date of such payment.
5. No price adjustment shall be payable if this is less than or equal to 2% (two percent) of
Po.
6. Total adjustment will be subject to maximum ceiling of ____% (to be specified in tender
document), beyond which the price variation would be capped at this level. As soon as it
comes to light that price variations are likely to go beyond this ceiling, and if the Contractor
is not agreeable to the price variation being capped at that level, he may notify the
Purchaser under ‘Frustration of Contract’ provisions in the Tender Document/ Clause, for
termination of contract.
7. Payments for services would initially be made as per the base price mentioned in the
contract. Price adjustment bill should be submitted only quarterly for the services delivered
during the quarter.
8. In GTE tenders extra care should be taken in selecting the price indices. Preferably the
price indices should be from the same country and of same currency as the country and
currency of the bidder. In case price is in a currency of a country where inflation is low and
the indices are from country with much higher inflation rates, and should be
𝑀𝑀1 𝐿𝐿1
multiplied by a correction factor of exchange rates , where E�0𝑀𝑀 is
𝑀𝑀
�the ex�c 𝐿𝐿h 𝑀𝑀a�nge rate of
𝐸𝐸𝑀𝑀
country of M and L indices with reference to currency of price P. For example, if M&L are
�𝐸𝐸1�
from India and P is in $, then E is Number of Rs. in a $ on base date and E is the exchange
o 1
rate on determination date.
9. Even if there is no price adjustment claim, contractor must submit all relevant data to prove
that there is no downward variation. In any case he must submit a declaration as follows;
“It is certified that there has been no decrease in the price because of
decrease in price variation indices in the price variation formula. In the event
of any decrease of such indices that come to light later regarding the
payment claimed by us, we shall promptly notify this to the purchaser, and
we undertake to refund and agree to the purchaser deducting any excess
payment made to us in this regard, from our future payment due.”
216Manual for Procurement of Non-Consultancy Services, 2025
Annexure 11: Model Clause/ Certificate to be inserted in
tenders etc. w.r.t Order (Public Procurement No.4)
(Refer para 1.10.3-7)
(While adhering to the substance of the Order, procuring entities and GeM are free to
appropriately modify the wording of the clause/ certificate based on their past experience, local
needs, etc. The conditions relating to specified ToT (as shown in italics) should be
incorporated only in the tenders that attract the restrictions due to specified ToT.)
A. Model Clauses for Tenders (including tenders issued manually or any
electronic portal, including GeM):
I. Any bidder from a country that shares a land border with India will be eligible to bid in any
procurement, whether of goods, services (including consultancy services and non-
consultancy services) or works (including turnkey projects) only if the bidder is registered
with the Competent Authority. Further, any bidder (including bidder from India) having
specified Transfer of Technology (ToT) arrangement with an entity from a country which
shares a land border with India, shall also require to be registered with the same competent
authority.
II. "Bidder" (including the term 'tenderer', 'consultant' or 'service provider' in certain contexts)
means any person or firm or company, including any member of a consortium or joint
venture (that is an association of several persons, or firms or companies), every artificial
juridical person not falling in any of the descriptions of bidders stated hereinbefore, including
any agency branch or office controlled by such person, participating in a procurement
process.
Ill. "Bidder (or entity) from a country which shares a land border with India" for the purpose
of this Order means: -
(a) An entity incorporated, established or registered in such a country; or
(b) A subsidiary of an entity incorporated, established or registered in such a country; or
(c) An entity substantially controlled through entities incorporated, established or registered
in such a country; or
(d) An entity whose beneficial owner is situated in such a country; or
(e) An Indian (or other) agent of such an entity; or
(f) A natural person who is a citizen of such a country; or
(g) A consortium or joint venture where any member of the consortium or joint venture falls
under any of the above
IV. The beneficial owner for the purpose of (iii) above will be as under:
1. In case of a company or Limited Liability Partnership, the beneficial owner is the natural
person(s), who, whether acting alone or together, or through one or more juridical person,
has a controlling ownership interest or who exercises control through other means.
Explanation-
a. "Controlling ownership interest" means ownership of or entitlement to more than twenty-
five per cent. of shares or capital or profits of the company.
b. "Control" shall include the right to appoint majority of the directors or to control the
management or policy decisions including by virtue of their shareholding or management
rights or shareholders agreements or voting agreements.
217Annexure 11: Model Clause/ Certificate to be inserted in tenders etc. w.r.t Order (Public
Procurement No.4)
2. In case of a partnership firm, the beneficial owner is the natural person(s) who, whether
acting alone or together, or through one or more juridical person, has ownership of
entitlement to more than fifteen percent of capital or profits of the partnership.
3. In case of an unincorporated association or body of individuals, the beneficial owner is
the natural person(s), who, whether acting alone or together, or through one or more juridical
person, has ownership of or entitlement to more than fifteen percent of the property or capital
or profits of such association or body of individuals.
4. Where no natural person is identified under (1) or (2) or (3) above, the beneficial owner
is the relevant natural person who holds the position of senior managing official.
5. In case of a trust, the identification of beneficial owner(s) shall include identification
of the author of the trust, the trustee, the beneficiaries with fifteen percent or more interest
in the trust and any other natural person exercising ultimate effective control over the trust
through a chain of control or ownership.
V. An Agent is a person employed to do any act for another, or to represent another in
dealings with third person.
VI. (To be inserted in tenders for Works contracts, including Turnkey contracts) The
successful bidder shall not be allowed to sub-contract works to any contractor from a country
which shares a land border with India unless such contractor is registered with the
Competent Authority.
VII. The registration shall be valid at the time of submission of bid and at the time of
acceptance of bid.
VIII. If the bidder was validly registered at the time of acceptance/ placement of order,
registration shall not be a relevant consideration during contract execution
Model Certificate for Tenders:
"I have read the clause regarding restrictions on procurement from a bidder of a country
which shares a land border with India; I certify that this bidder is not from such a country or,
if from such a country, has been registered with the Competent Authority. I hereby certify
that this bidder fulfils all requirements in this regard and is eligible to be considered. (Where
applicable, evidence of valid registration by the Competent Authority shall be attached.)"
Model Certificate for Tenders for Works involving possibility of sub-contracting:
"I have read the clause regarding restrictions on procurement from a bidder of a country
which shares a land border with India and on sub-contracting to contractors from such
countries; I certify that this bidder is not from such a country or, if from such a country, has
been registered with the Competent Authority and will not sub-contract any work to a
contractor from such countries unless such contractor is registered with the Competent
Authority. I hereby certify that this bidder fulfils all requirements in this regard and is eligible
to be considered. (Where applicable, evidence of valid registration by the Competent
Authority shall be attached.)"
Model additional certificate by Bidders in the cases of specified To T:
"I have read the clause regarding restrictions on procurement from a bidder having a
Transfer of Technology (ToT) arrangement. I certify that this bidder does not have any To T
arrangement requiring registration with the competent authority. "
OR
"I have read the clause regarding restrictions on procurement from a bidder having a
Transfer of Technology (ToT) arrangement. I certify that this bidder has valid registration to
participate in this procurement."
218Manual for Procurement of Non-Consultancy Services, 2025
B. Model Certificate for GeM (to be taken by the GeM from the seller during
registration on GeM. GeM should also obtain this certificate from all existing bidders
as soon as possible):
"I have read the clause regarding restrictions on procurement from a bidder of a country
which shares a land border with India; I certify that this vendor/ bidder is not from such a
country and does not have any specified Transfer of Technology (ToT) from such a
country or if from such a country or if having specified ToT from such a country has been
registered with the Competent Authority. I hereby certify that this vendor/ bidder fulfils all
requirements in this regard and is eligible to be considered for procurement on GeM.
(Where applicable, evidence of valid registration by the Competent Authority shall be
attached.)"
219Manual for Procurement of Non-Consultancy Services, 2025
Annexure 12: Integrity Pact Format
(Refer para 3.4-2, 9.9-10)
INTEGRITY PACT
Between
(the Procuring Organisation) hereinafter referred to as “The Principal,” and
__________________ hereinafter referred to as “The Bidder/ Contractor.”
Preamble
The Principal intends to award contract/s for__________________, under laid down
organisational procedures, The Principal values full compliance with all relevant laws of the
land, rules, regulations, economical use of resources, and fairness / transparency in its
relations with its Bidder(s) and / or Contractor(s).
To achieve these goals, the Principal shall appoint Independent External Monitors (IEMs) who
shall monitor the tender process and the execution of the contract for compliance with the
abovementioned principles.
Section 1 – Commitments of the Principal:
1) The Principal commits itself to take all measures necessary to prevent corruption and to
observe the following principles: -
a. No employee of the Principal, personally or through family members, shall in
connection with the tender for, or the execution of a contract, demand, take a promise
for or accept, for self or third person, any material or immaterial benefit which the
person is not legally entitled to.
b. The Principal shall treat all Bidder(s) with equity and reason during the tender process.
The Principal shall, in particular, before and during the tender process, provide to all
Bidder(s) the same information and shall not provide to any Bidder(s) confidential /
additional information through which the Bidder(s) could obtain an advantage in the
tender process or the contract execution.
c. The Principal shall exclude from the process all known persons having conflict of
interest.
2) If the Principal obtains information on the conduct of any of its employees which is a
criminal offence under the BNS/ PC Act, or if there be a substantive suspicion in this
regard, the Principal shall inform the Chief Vigilance Officer and in addition shall initiate
disciplinary proceedings.
Section 2 – Commitments of the Bidder(s)/ Contractor(s):
1) The Bidder(s)/ Contractor(s) commits themselves to take all measures necessary to
prevent corruption. The Bidder(s)/ Contractor(s) commits themselves to observe the
following principles during participation in the tender process and the contract execution.
a. The Bidder(s)/ Contractor(s) shall not, directly or through any other person or firm,
offer, promise, or give to any of the Principal’s employees involved in the tender
process or the execution of the contract or to any third person any material or other
benefit which they are not legally entitled to, in order to obtain in exchange any
advantage of any kind whatsoever during the tender process or the execution of the
contract.
b. The Bidder(s)/ Contractor(s) shall not enter with other Bidders into any undisclosed
agreement or understanding, whether formal or informal, in violation of the
Competition Act, 2002 (as amended from time to time). This applies in particular to
220Annexure 12: Integrity Pact Format
prices, specifications, certifications, subsidiary contracts, submission or non-
submission of bids or any other actions to restrict competitiveness or to introduce
cartelisation in the tender process.
c. The Bidder(s)/ Contractor(s) shall not commit any offence under the relevant BNS/
PC Act; further, the Bidder(s)/ Contractor(s) shall not use improperly, for purposes of
competition or personal gain, or pass on to others, any information or document
provided by the Principal as part of the business relationship, regarding plans,
technical proposals, and business details, including information contained or
transmitted electronically.
d. The Bidder(s)/Contractors(s) of foreign origin shall disclose the name and address of
the Agents/ representatives in India, if any. Similarly, the Bidder(s)/Contractors(s) of
Indian Nationality shall furnish the name and address of the foreign principals, if any.
Further details, as mentioned in the “Guidelines on Indian Agents of Foreign Service
Providers,” shall be disclosed by the Bidder(s)/ Contractor(s). Further, as mentioned
in the Guidelines, all the payments made to the Indian agent/representative must be
in Indian Rupees only. Copy of the “Guidelines on Indian Agents of Foreign Service
Providers” is placed on Annex hereto.
e. The Bidder(s)/ Contractor(s) shall, when presenting their bid, disclose any and all
payments made, is committed to, or intends to make to agents, brokers, or any other
intermediaries in connection with the award of the contract.
f. Bidder(s) /Contractor(s) who have signed the Integrity Pact shall not approach the
Courts while representing the matter to IEMs and shall wait for their decision.
2) The Bidder(s)/ Contractor(s) shall not instigate third persons to commit offences outlined
above or be an accessory to such offences.
Section 3 - Disqualification from the tender process and exclusion from future
contracts;
If the Bidder(s)/Contractor(s), before award or during execution, has committed a
transgression through a violation of Section 2, above or in any other form such as to put their
reliability or credibility in question, the Principal is entitled to disqualify the
Bidder(s)/Contractor(s) from the tender process or take action as per laid down procedure to
debar the Bidder(s)/Contractor(s) from participating in the future procurement processes of
the Government of India.
Section 4 – Compensation for Damages:
1) If the Principal has disqualified the Bidder(s) from the tender process before the award
according to Section 3, the Principal is entitled to demand and recover the damages
equivalent to Earnest Money Deposit/ Bid Security.
2) If the Principal has terminated the contract according to Section 3, or if the Principal is
entitled to terminate the contract according to Section 3, the Principal shall be entitled to
demand and recover from the Contractor liquidated damages of the Contract value or the
amount equivalent to Performance Bank Guarantee.
Section 5 – Previous transgression:
1) The Bidder declares that no previous transgressions occurred in the last three years with
any other Company in any country conforming to the anti-corruption approach or with any
Public Sector Enterprise in India that could justify his exclusion from the tender process.
2) If the Bidder makes an incorrect statement on this subject, the Principal shall act like para
2) of Section 4 above.
Section 6 – Equal treatment of all Bidders / Contractors / Subcontractors:
221Manual for Procurement of Non-Consultancy Services, 2025
In the case of Sub-contracting, the Principal Contractor shall take responsibility for adopting
the Integrity Pact by the Sub-contractor.
a. The Principal shall enter into agreements with identical conditions as this one with
all Bidders and Contractors.
b. The Principal shall disqualify from the tender process all bidders who do not sign
this Pact or violate its provisions.
Section 7 – Criminal charges against violating Bidder(s) / Contractor(s) /
Subcontractor(s):
If the Principal obtains knowledge of the conduct of a Bidder, Contractor, or Subcontractor, or
of an employee or a representative or an allied firm of a Bidder, Contractor or Subcontractor
which constitutes corruption, or if the Principal has substantive suspicion in this regard, the
Principal shall inform the same to the Chief Vigilance Officer.
Section 8 – Independent External Monitor:
1) The Principal shall appoint competent and credible Independent External Monitor(s) for
this Pact after approval by the Central Vigilance Commission. The task of the Monitor is
to review, independently and objectively, whether and to what extent the parties comply
with the obligations under this agreement.
2) The Monitor is not subject to instructions by the parties' representatives and performs
their functions neutrally and independently. The Monitor would have access to all
Contract documents whenever required. It shall be obligatory for them to treat the
information and documents of the Bidders/Contractors as confidential. They report to the
Management of the Principal.
3) The Bidder(s)/Contractor(s) accepts that the Monitor has the right to access without
restriction, all Project documentation of the Principal, including that provided by the
Contractor. Upon their request and demonstration of a valid interest, the Contractor shall
also grant the Monitor unrestricted and unconditional access to their project
documentation. The same applies to Sub-contractors.
4) The Monitor is under contractual obligation to treat the information and documents of the
Bidder(s)/ Contractor(s)/ Sub-contractor(s) with confidentiality. The Monitor has also
signed declarations on ‘Non-Disclosure of Confidential Information’ and ‘Absence of
Conflict of Interest.’ In case of any conflict of interest arising later, the IEM shall inform
the Management of the Principal and recuse themselves from that case.
5) The Principal shall provide the Monitor with sufficient information about all meetings
among the parties related to the Project, provided such meetings could impact the
contractual relations between the Principal and the Contractor. The parties offer the
Monitor the option to participate in such meetings.
6) As soon as the Monitor notices, or believes to notice, a violation of this agreement, they
shall inform the Management of the Principal and request the Management to discontinue
or take corrective action or other relevant action. The Monitor can, in this regard, submit
non-binding recommendations. Beyond this, the Monitor has no right to demand from the
parties that they act in a specific manner, refrain from action, or tolerate action.
7) The Monitor shall submit a written report to the Management of the Principal, within 8 to
10 weeks from the date of reference or intimation to him by the Principal and, should the
occasion arise, submit proposals for correcting problematic situations.
8) If the Monitor has reported to the Management of the Principal a substantiated suspicion
of an offence under the relevant BNS/ PC Act, and the Management of the Principal has
not, within the reasonable time, taken visible action to proceed against such offence or
222Annexure 12: Integrity Pact Format
reported it to the Chief Vigilance Officer, the Monitor may also transmit this information
directly to the Central Vigilance Commissioner.
9) The word ‘Monitor’ would include both singular and plural.
Section 9 – Pact Duration:
This Pact begins when both parties have legally signed it. It expires for the Contractor 12
months after the last payment under the contract, and for all other Bidders, 6 months after the
contract has been awarded. Any violation of the same would entail disqualifying the bidders
and exclusion from future business dealings.
If any claim is made / lodged during this time, the same shall be binding and continue to be
valid despite the lapse of this Pact as specified above, unless it is discharged / determined by
the Management of the Principal.
Section 10 – Other provisions:
1) This agreement is subject to Indian Law. The place of performance and jurisdiction is the
place from where the Tender/ Contract is issued.
2) Changes, supplements, and termination notices must be submitted in writing. Side
agreements have not been made.
3) If the Contractor is a partnership or a consortium, this agreement must be signed by all
partners or consortium members.
4) Should one or several provisions of this agreement turn out to be invalid, the remainder
of this agreement remains valid. In this case, the parties shall strive to come to an
agreement according to their original intentions.
5) Issues like Warranty / Guarantee, etc., shall be outside the purview of IEMs.
6) In the event of any contradiction between the Integrity Pact and its Annex, the Clause in
the Integrity Pact shall prevail.
________________________________ ________________________________
(For & On behalf of the Principal) (For and on behalf of Bidder/ Contractor)
(Office Seal) (Office Seal)
Place -------------- Date --------------
Witness 1: _________________________ Witness 1: _________________________
(Name & Address (Name & Address
223Manual for Procurement of Non-Consultancy Services, 2025
Annex-1 to Annexure 12: Integrity Pact - Guidelines for Indian
Agents of Foreign Service Providers
1.1 There shall be compulsory registration of agents for all Global Tender Enquiries (GTE) and Limited
Tender Enquiries (LTE). An agent not registered with the Procuring Entity shall apply for
registration with them.
1.2 Registered agents shall file an authenticated Photostat copy duly attested by a Notary
Public/Original certificate of the Principal confirming the agency agreement and giving the status
being enjoyed by the agent and the commission/remuneration/salary/ retainer ship being paid by
the Principal to the agent before the placement of an order by the Procuring Entity.
1.3 Wherever the Indian representatives have communicated on behalf of their principals and the
foreign parties, have stated that they are not paying any commission to the Indian agents, and the
Indian representative is working based on salary or as a retainer, a written declaration to this effect
should be submitted by the party (i.e., Principal) before finalising the Contract.
2.0 Disclosure of Particulars of Agents/ Representatives in India, if any.
2.1 Bidders of Foreign nationality shall furnish the following details in their offer:
2.1.1 The name and address of the agents/representatives in India, if any and the extent of
authorisation and authority given to commit the Principals. If the agent/representative is a
foreign Company, it shall be confirmed whether it is a real functioning Company, and
details of the same shall be furnished.
2.1.2 The amount of commission/remuneration included in the quoted price(s) for such
agents/representatives in India.
2.1.3 Confirmation of the Bidder that the commission/ remuneration, if any, payable to his
agents/representatives in India, may be paid by the Procuring Entity in Indian Rupees only.
2.2 Bidders of Indian Nationality shall furnish the following details in their offers:
2.2.1 The name and address of the foreign principals indicating their nationality as well as
their status, i.e., whether manufacturer or agents of manufacturer holding the Letter of Authority
of the Principal specifically authorising the agent to make an offer in India in response to tender
either directly or through the agents/representatives.
2.2.2 The amount of commission/remuneration included in the price (s) quoted by the Bidder
for himself.
2.2.3 Confirmation of the foreign principals of the Bidder that the commission/remuneration,
if any, reserved for the Bidder in the quoted price (s) may be paid by the Procuring Entity in India
in equivalent Indian Rupees on satisfactory completion of the Project or supplies of Stores and
Spares in case of operation items.
2.3 In either case, in the event of the contract materialising, the payment terms shall provide for
payment of the commission /remuneration, if any, payable to the agents/representatives in India
in Indian Rupees on expiry of 90 days after the discharge of the obligations under the contract.
2.4 Failure to furnish correct and detailed information as called for in paragraph - 2.0 above shall
render the concerned bid liable to rejection or, in the event of a contract materialising, the same
liable to termination by the Procuring Entity. Besides this, there would be a penalty of banning
business dealings with the Procuring Entity or damage or payment of a named sum.
224Manual for Procurement of Non-Consultancy Services, 2025
Annex-2 to Annexure 12: Integrity Pact – Appointment and Role
of IEMs
(Refer para 3.4-3, 9.7.4-4-d))
1. Appointment of IEMs:
i). Integrity Pact would be implemented through a panel of Independent External Monitors
(IEMs) nominated by CVC at an organisation's request from its list of empanelled IEMs.
Three IEMs shall be appointed for Maharatna and Navratna PSUs, and two IEMs shall be
nominated in all other organisations.
ii). The IEMs appointed should be eminent persons of high integrity and reputation. A
periodical notice inviting applications from eligible persons shall be published on the CVC’s
website. After due scrutiny and verification of the applications and accompanying
documents, as may be deemed appropriate, the name(s) would be included in the panel
for nomination as IEM.
iii). The zone of consideration of eminent persons for empanelment as IEMs would consist of:
a) Officers who have held the post of Additional Secretary to Govt of India or were in the
equivalent or higher pay scale at the time of retirement (whether serving with Govt of
India or any State Govt.).
b) Persons who held the CMD post of Schedule ‘A’ Public Sector Enterprise and were
equivalent to Additional Secretary to Govt of India at retirement.
c) Persons who have held the post of CMD/MD and CEO of Public Sector Banks,
Insurance Companies, and other Financial Institutions at retirement.
d) Chief Executive Officer of an organisation (other than listed above and were
equivalent or higher to Additional Secretary to Govt, of India, at the time of
retirement).
e) Armed Forces Officers in the pay scale equivalent or higher to Additional Secretaries
to Govt of India at retirement.
f) The age of IEM should not be more than 70 years at the time of appointment.
g) If a retired person has accepted a full-time assignment, post-retirement, either in the
government sector, private sector, or elsewhere, he shall not be eligible to be on the
panel of IEMs. All those empanelled persons who accept full-time assignments
elsewhere would cease to remain on the panel from the date they have taken the
assignment. In this regard, it would be incumbent upon the empanelled persons to
immediately inform CVC about the acceptance of full-time assignment by them.
h) All IEMs should sign non-disclosure agreements with the organisation in which they
are appointed.
i) A person acting as an IEM shall not be debarred from taking up other assignments,
such as consultancy with other organisations or agencies, subject to his declaring
that their additional assignment does not involve any conflict of interest and is not a
full-time assignment. The IEMs must also sign a declaration of absence of conflict of
interest with existing assignments. In case of any conflict of interest arising later from
an entity wherein he is or has been a consultant, the IEM should inform the CEO and
recuse themselves from that case.
j) A person may be appointed as an IEM in a maximum of three organisations at a time.
An empanelled person cannot be appointed in one organisation for over three years.
225Annex-2 to Annexure 12: Integrity Pact – Appointment and Role of IEMs
2. Role of IEMs in Integrity Pact:
i). Bidders or their authorised representative may address to the IEMs all the
representations/grievances/complaints related to any discrimination on account of lack of
fair play in modes of procurement and tendering systems, tendering method, eligibility
conditions, bid evaluation criteria, commercial terms & conditions, choice of
technology/specifications etc.
ii). The entire panel of IEMs should examine the matter jointly, who would investigate the
records, conduct an examination, and submit their joint recommendations to the
Management of the Procuring Entity. If the entire panel is unavailable for unavoidable
reasons, the available IEM(s) shall examine the complaints. Consent of the IEM(s), who
may not be available, shall be taken on record. The IEMs would be provided access to all
documents/records of the tender for which a complaint or issue is raised before them, as
and when warranted.
iii). The role of IEM is advisory, and the advice of IEM is non-binding on the Organization;
however, their advice would help properly implement the Integrity Pact.
iv). IEM should examine the process integrity; they are not expected to concern themselves
with fixing the responsibility of officers. IEMs should not associate CVO and /or the officials
of the vigilance wing during the examination of the complaints in any manner. A matter
being examined by the IEMs can be separately investigated by the CVO if a complaint is
received or directed to them by the CVC.
3. Systemic Improvements:
i). The Procurement wing of the organisation shall hold quarterly meetings with the IEMs. A
summary of contracts awarded in the previous quarter, covered under the Integrity Pact,
shall be shared with the IEMs during the quarterly meeting. Such a summary of contracts
should include details like tender number, mode of tendering, the period allowed for
publicity, number of bids received, number of bidders considered eligible, and name and
address of the successful bidder.
ii). The above summary of contracts is to help the IEMs in analysing whether an appropriate
mode of tendering is being adopted by the organisation, i.e., limited tender mode or
nomination mode is not unduly used, the number of bidders is not too low, a large number
of bidders are not excluded while judging the eligibility or during the technical bid
evaluation stage, and whether particular firm or set of specific firms is repeatedly getting
contracts etc. Based on their analysis, the IEMs can suggest to the management suitable
systemic improvement(s) and measures to improve objectivity in decision-making,
capacity building, etc.
iii). It would be desirable to have structured meetings of the IEMs with the Chief Executive of
the Organization on a half-yearly basis to discuss and review the information on tenders
awarded during the preceding six-month period. Additional such meetings, however, can
be held as per requirement. All such meetings with the Procurement wing or with the
organisation’s Chief Executive should be minuted.
4. Dispute Mediation:
In case of any dispute between the management and the contractor relating to those contracts where
an Integrity Pact is applicable, in case both the parties are agreeable, they may try to settle the dispute
through mediation before the panel of IEMs in a time-bound manner. If required, the organisations
may adopt any mediation rules for this purpose. However, no more than five meetings shall be held
for dispute resolution. Both parties shall equally share the fees/expenses on dispute resolution. If the
226Manual for Procurement of Non-Consultancy Services, 2025
dispute remains unresolved even after mediation by the panel of IEMs, the organisation may take
further action as per the terms & conditions of the contract.
5. Entitlements of IEMs:
i). IEMs shall be paid fees of ₹ 25,000/- per sitting subject to a maximum of ₹ 3,00,000/- in a
calendar year for the sitting fees.
ii). The travel and stay arrangements for the IEMs for such meetings shall equal their
entitlements at retirement. Booking travel tickets, as per the mode of travel indicated by
the IEM in writing (including email), the organisation shall do local transport and stay. The
organisation concerned shall provide a place for meetings and secretarial assistance to
IEMs for rendering their job. No payment instead of secretarial aid shall be paid to the
IEMs.
iii). As mentioned above, the travel/ stay arrangements and fees for meetings held by IEMs
for mediation between the management and the contractor shall be the same but in
addition to the fees for the regular meetings and would be over and above the ceiling of
3,00,000/- as per calendar year.
227Manual for Procurement of Non-Consultancy Services, 2025
Annexure 13: FAQs in Respect of Public Procurement
Policy for MSEs Order, 2012100
(Refer Para 1.10.1-7-d))
Q.No.1: What is the share of procurement from MSEs out of the total procurement made by
Central Government Ministries/ Departments/ Public Sector Undertakings?
Ans. Under amended Public Procurement Policy for MSEs, Order 2012 a minimum 25 per
cent share out of the total annual procurement by Central Government Ministries /
Departments / Public Sector Undertakings are to be made from MSEs.
Q. No.2: Is there any reservation for MSEs owned by SC/ST/ Women entrepreneurs?
Ans. Yes, out of 25% target of annual procurement from MSEs (Not in the specific tender), a
sub-target of 4% of annual procurement from MSEs is earmarked for procurement from MSEs
owned by Scheduled Caste (SC) / Scheduled Tribe (ST) entrepreneurs and 3% of annual
procurement from MSEs is earmarked for procurement from MSEs owned by women
entrepreneur. However, in event of failure of such MSEs to participate in tender process or
meet tender requirements and L1 price, 4% sub-target for procurement earmarked for
MSEs owned by SC/ST entrepreneurs and 3% earmarked to women entrepreneur will
also be met from other MSEs.
Q No.3: Who is eligible for availing the benefits under the Public Procurement Policy?
Ans. As mentioned in Section 7(4) of Ministry of MSME's Notification No. S.O2119(E) dated.
26th June 2020, an enterprise registered with any other organization under the Ministry of
MSME shall register itself under Udyam Registration. With effect from 01.07.2020, MSEs
registered under Udyam Registration are eligible to avail the benefits under the Policy. MSEs
registered under Udyog Aadhaar Memorandum (UAM), validity of which is till 31.03.2022, are
also eligible to avail the benefits under the Policy.
Q.No.4: What is the date of implementation of the policy?
Ans. The policy is applicable with effect from 1.4.2012 and became mandatory with effect
from 1.4.2015 onwards.
Q.No.5: Is the Policy transparent, competitive, and cost effective?
Ans. The Policy rests upon core principles of competitiveness, adhering to sound procurement
practices and execution of orders for supply of goods and services in accordance with a
system which is fair, equitable, transparent, competitive, and cost effective.
Q.No.6: Is the policy implemented in parts or fully from its inception?
Ans. As per Gazette Notification (S.O. 5670(E) dated 8th November 2018, it is mandatory for
all Central Government Ministries / Departments/ CPSEs to procure at least 25% of their
annual procurement from MSEs including 4% from MSEs owned by SC/ST entrepreneur and
3% from MSEs owned by women entrepreneur.
Q.No.7: Is there any monitoring system for assessing the Government procurement from
MSEs?
Ans. To monitor the progress of procurement by Central Government Ministries/ Departments
and CPSEs from MSEs, Ministry of MSME has launched the MSME Sambandh Portal on 8th
December 2017 for uploading procurement details by all CPSEs on a monthly and an annual
basis which is regularly monitored by the Ministry.
100
https://www.dcmsme.gov.in/FAQs-PPP_25032022.pdf
228Annexure 13: FAQs in Respect of Public Procurement Policy for MSEs Order, 2012
Q.No.8: Is there a price matching facility for procurement from MSEs over large scale?
Ans. (i) Price quotation in tenders: In tender, participating Micro and Small Enterprises,
quoting price within price band of L1+15 percent shall also be allowed to supply a portion of
requirement by bringing down their price to L1 price in a situation where L1 price is from
someone other than a Micro and Small Enterprise and such MSE shall be allowed to supply
up to 25 per cent of total tender value.
(ii) In case of more than one such Micro and Small Enterprise, the supply shall be shared
proportionately (to tendered quantity).
Q.No.9: What steps are to be taken by the Central Government Ministries/ Departments/
CPSEs to develop MSE Vendors to achieve their targets for MSEs procurement?
Ans. The Central Government Ministries/ Departments/ Public Sector Undertakings shall take
necessary steps to develop appropriate vendors by organizing Vendor Development
Programmes (VDPs) or Buyer-Seller Meets focused on developing MSEs for procurement
through the GeM Portal. To develop vendors belonging to MSEs for Public Procurement
Policy, the Ministry of MSME is regularly organizing State Level VDPs and National Level
VDPs under the Procurement and Marketing Support Scheme.
Q.No.10: What steps are to be taken by the Central Government Ministries/ Departments/
CPSEs to develop vendors from MSEs owned by SC/ST/Women entrepreneurs?
Ans. For enhancing the participation of MSEs owned by SCs / STs/ Women in Government
procurement, Central Government Ministries / Departments / CPSEs must take the following
steps:
i. Special Vendor Development Programmes/ Buyer-Seller Meets would be conducted
by Departments/ CPSEs for SC/STs and Women.
ii. Outreach programmes will be conducted by National Small Industries Corporation (NSIC)
to cover more and more MSEs from SC/STs under its schemes of consortia formation; and iii.
NSIC would open a special window for SCs/ STs under its Single Point Registration Scheme
(SPRS). iv. A National SC/ST hub scheme was launched in October 2016, for providing
handholding support to SC/ST entrepreneur which is being coordinated / implemented by the
NSIC under this Ministry.
Q.No.11: What are the other benefits /facilities available to the MSEs under the policy?
Ans. To reduce transaction cost of doing business, MSEs will be facilitated by providing them
tender sets free of cost, exempting MSEs from payment of earnest money deposit, adopting
e-procurement to bring in transparency in tender process. However, exemption from paying
of Performance Bank Guarantee is not covered under the policy. MSEs may also be given
relaxation in prior turnover and prior experience criteria during the tender process.
Q.No.12: Is there any review mechanism for monitoring and reviewing of the policy?
Ans. A Review Committee has been constituted under the Chairmanship of Secretary,
Ministry of MSME for monitoring and reviewing of Public Procurement Policy for MSEs. M/O
MSME will review and/or modify the composition of the Committee as and when required. This
Committee will, inter alia, review the list of 358 items reserved for exclusive purchase from
MSEs on a continuous basis, consider requests from Central Government Departments,
CPSEs for exemption from 25% target on a case-to-case basis and monitor achievements
under the Policy.
Q. No.13: What is the grievance redressal mechanism in case of non-compliance of the Policy
by any Government Department?
229Manual for Procurement of Non-Consultancy Services, 2025
Ans. To redress the grievances of MSEs related to non-compliance of the Policy a Grievance
Cell named “CHAMPION Portal” has been set up in the Ministry of MSME.
Q. No.14: Whether there is any kind of purchase that has been kept out of the purview of
procurement under the Policy? If yes, how is the monitoring of the set goal done?
Ans. Given their unique nature, Defence armament imports will not be included in computing
25% goal for M/o Defence. In addition, Defence Equipments like weapon systems, missiles,
etc. will remain out of purview of such policy of reservation. Monitoring of goals set under the
policy will be done, in so far as they relate to the Defence sector, by Ministry of Defence itself
in accordance with suitable procedures to be established by them.
Q.No.15: From where can the details of the Policy be obtained?
Ans. Policy details are available on the website of this office at www.dcmsme.gov.in.
Q.No.16: Is this policy mandatory under any Act?
Ans. Yes, the Policy is mandatory and notified under the MSMED Act, 2006.
Q.No.17: How many items are reserved for exclusive purchase from MSEs?
Ans. There are 358 items reserved for exclusive purchase from MSE Sector.
Q.No.18: Whether this policy is applicable for works/ trading activities also?
Ans. Policy is meant for procurement of only goods produced and services rendered by MSEs.
However, traders/ distributors/ sole agent/ Works Contract are excluded from the purview of
Public Procurement Policy for MSEs Order,2012.
Q.No.19: Whether the Policy is applicable for MSEs registered with NSIC?
Ans. The Policy is applicable for all MSEs registered under Udyam Registration and Udyog
Aadhar Memorandum (valid till 31.03.2022).
Q.No.20: Whether the Policy provides benefits for exemption from Security Deposit/
Performance Bank Guarantee to MSEs?
Ans. No, there is no exemption on Security Deposit/ Performance Bank Guarantee under the
Policy.
Q.No.21: Can MSEs quoting a price within the band L1+15% be given complete supply to
tender in case tender item cannot be split /divided?
Ans. In case of tender item cannot be split or divided, etc. the MSE quoting a price within the
band L1+15% may be awarded for full/ complete supply of total tendered value to MSE,
considering the spirit of the Policy for enhancing Govt. Procurement from MSEs.
Q.No.22: Which are the MSEs owned by SC/ST enterprises?
Ans. The definition of MSEs owned by SC/ ST is as given under:
(a) In case of proprietary MSE, proprietor(s) shall be SC /ST.
(b) In case of partnership MSE, the SC / ST partners shall be holding at least 51% shares in
the unit.
(c) In case of Private Limited Companies, at least 51% share shall be held by SC/ST
promoters.
Q.No.23: Can the Central Government Ministries/ Departments/ CPSEs who have a meagre
value of total procurement be exempted from the Policy?
Ans. The Policy is applicable to all the Central Government Ministries / Departments / CPSEs,
irrespective of the volume and nature of procurement.
Q.No.24: Does the Policy have a provision for exemption from 25% procurement target?
230Annexure 13: FAQs in Respect of Public Procurement Policy for MSEs Order, 2012
Ans. The Review Committee may consider any request of Ministries / Departments / CPSEs
for exemption from the present 25% procurement targets on a case-to-case basis.
Q.No.25: Does laminated paper Gr. I, II and III fall under the paper conversion product
(Sl.No.202) and is a reserved item for exclusive procurement from MSEs?
Ans. As per Policy Circular No. 21(6)/2016-MA dt. 26th May 2016, it is clarified that only paper
bags, envelopes, ice-cream cups, paper cups and saucers and paper plates are covered
under the head "Paper Conversion products" at SI. No. 202 of the list of reserved items under
the Public Procurement Policy for MSEs Order-2012.Accordingly, the description of SI. No.
202 as indicated in the English version of the Reserved List will be applicable.
Q.No.26: Are MSEs having Udyam Registration Certificate eligible for availing benefits under
the PP Policy?
Ans. Yes, Udyog Aadhar has been replaced with Udyam Registration Certificate w.e.f.
01.07.2020. Udyam Registered MSEs can avail the benefits under the Public Procurement
Policy. The UAM will also remain valid till 31.03.2022.
Q.No.27: Does the Ministry give any certificate for MSEs having Udyam Registration?
Ans. The Erstwhile Udyog Aadhaar Memorandum (UAM valid till 31.03.2022) has been
replaced by Udyam Registration Certificate (w.e.f. 01.07.2020). As part of ease of doing
business, Udyam Registration Certificate (URC) has been introduced through a dedicated
portal on self-certification basis. An acknowledgement of URC is generated online instantly
which is accepted by all Central Government Ministries / Departments / CPSEs and State
Govts.
Q.No.28: Is the Public Procurement Policy applicable to State Governments/ State
Departments/ State PSUs?
Ans. The Public Procurement Policy for MSEs Order, 2012 is applicable to Central
Government Ministries/ Departments and CPSEs. This Policy is not applicable to State
Government Ministries/ Departments/ PSUs.
Q.No.29: Are the benefits of Public Procurement Policy applicable to MSEs who are not
registered for the tendered items?
Ans. The benefits of PPP should be given to all eligible MSEs irrespective of relevance of
product Category and as per Sl. No. 3 of FAQ.
Q.No.30: Can the relaxation of norms for start-ups and MSEs in Public Procurement Policy in
prior experience and prior turnover criteria be given to all MSEs?
Ans. It is clarified that all Central Government Ministries/ Departments/ Central Public Sector
Undertakings may relax conditions of prior turnover and prior experience with respect to Micro
and Small Enterprises in all public procurement, subject to meeting of quality and technical
specifications (In exercise of Para 16 of Public Procurement Policy for Micro and Small
Enterprises, Order 2012).
However, there may be circumstances (like procurement of items related to public safety,
health, critical security operations and equipment, etc.) where procuring entity may prefer the
vendor to have prior experience rather than giving orders to new entities
(O.M.No.F.20/2/2014PPD(Pt.) dated 20.09.2016 issued by DoE).
Q.No.31: Has the Ministry clarified the sub target of procurement from SC/STs/Women
entrepreneurs under amended Public Procurement Policy for MSEs, Order 2012?
Ans. It is clarified that sub-targets of 4% (within 25% of annual procurement target) and 3%
(within 25% of annual procurement target) have been earmarked for procurement from MSEs
231Manual for Procurement of Non-Consultancy Services, 2025
owned by SC&ST and Women entrepreneurs, respectively under the amended Public
Procurement Policy for MSEs Order, 2012.
Q.No.32: Are Works Contracts a part of Services? What is the difference between Works and
Services?
Ans. Works Contracts are not covered under the purview of Public Procurement Policy for
MSEs. The definition is available in GFR Rules 130, 143, 177 & 197.
Q.No.33: Is there any provision to take action against the defaulting MSEs under the Policy?
Ans. There is no such provision under the Policy. The procuring entity may take appropriate
action as per terms and conditions (T&C) of the tender documents and/or as per GFR Rules.
Q.No.34: Are financial institutions/ autonomous bodies included in the PP Policy?
Ans. The Policy is applicable for all Central Government Ministries/ Departments and CPSEs.
Q.No.35: Can the Ministry take action against the procuring agency for Delay in return of the
Security Deposit of the MSEs?
Ans. There is no such provision under the Policy. The matter can be referred to the department
concerned for taking appropriate action in the interest of the MSE complainant.
Q.No.36: Is it mandatory for MSEs to disclose their status as SC/ST/Women in Udyam
Registration Certificate (URC)?
Ans. Yes, it is mandatory to disclose the status as SC/ST/Women for in Udyam Registration.
Q.No.37: Have the State Governments been asked to frame a Public Procurement Policy for
MSEs?
Ans. Yes, all the State Governments have been requested to frame the Public Procurement
Policy on similar lines.
Q.No.38: Have all the CPSEs been uploading their monthly and annual procurement details,
on MSME SAMBANDH Portal?
Ans. Most of the CPSEs are uploading their procurement details on the portal.
Q.No.39: Is there any provision to take action against the procuring agency for noncompliance
of PPP-MSE under the Policy?
Ans. No, there is no such provision in the Policy.
Q.No.40: What is the objective of the Policy?
Ans. The objective of the Policy is to promote Micro and Small Enterprises (MSEs) by
improving their market access and competitiveness through: - Increased participation in
Government purchase.
• Encouraging relationship (including product development) between MSEs and Public Sector
Undertaking (PSUs).
• Increased share of supplies of MSEs to Central Government Ministries/ Departments and
CPSEs.
• Increased share of supplies of MSEs to Central Government Ministries/ Departments and
CPSEs.
Q.No.41: What are the items or goods which can be procured from MSEs to achieve the target
of 25% from MSEs?
Ans. To achieve the target Government / CPSEs they can procure.
i. The items from the list of 358 items reserved for procurement from MSEs.
ii. Items which are being manufactured by MSEs, besides reserved items.
Q.No.42: How is the status of Enterprises as MSEs be verified?
232Annexure 13: FAQs in Respect of Public Procurement Policy for MSEs Order, 2012
Ans. The status of enterprises as MSEs can be verified through their Udyam Registration
Certificate or UAM certificate, which is valid till 31st March, 2022.As per notification No. S.O.
2119(E) dated 26.06.2020, in case of any discrepancy or complaint, the General Manager of
the District Industries Centre of the District concerned shall undertake an inquiry for verification
of the details of Udyam Registration/UAM submitted by the enterprise and thereafter forward
the matter with necessary remarks to the Director or Commissioner or Industry Secretary
concerned of the State Government who after issuing a notice to the enterprise and after giving
an opportunity to present its case and based on the findings, may amend the details or
recommend to the Ministry of MSME, Government of India, for cancellation of the Udyam
Registration Certificate/UAM.
Q.No.43: Can sub-contracting be considered under the procurement target from MSE?
Ans. Yes, if subcontract is given to MSEs, it will be considered as procurement from MSEs.
Q.No.44: If MSEs participate in tender but the procuring agency denies providing benefits
under the Policy, how can the problem be addressed?
Ans. The problem can be resolved through the Grievance Cell constituted to tackle such
situations and the matter may be referred to the procuring agency concerned to redress the
problem.
Q.No.45: What are the steps taken by the Ministry of MSME to promote marketing through
GeM portal for supply of Goods or rendering services from MSEs to Government Departments
and CPSEs?
Ans. CEO, GeM has been requested to make a provision in the GeM portal for procurement
of goods and services from MSEs through linking URC.
• Udyam Registration Portal has a facility through which an entrepreneur can opt for
linking itself with Government e-market (GeM) place by selecting an option on Udyam Portal.
The enterprise will be linked to GeM portal and flow of information will start between these two
portals. With this facility, MSEs can link themselves with the Government’s procurement
system and can participate in Government’s mandatory procurement programme from MSEs.
• All CPSEs have been requested to procure goods and services from MSEs, through
GeM portal only.
• The Ministry of MSME has signed an MOU with CEO, GeM, for mobilizing MSEs for
onboarding themselves on the GeM portal for supply of goods & services from MSEs.
• All UAM holders had been requested to register themselves on GeM portal for supply
of goods and services through GeM portal.
Q.No.46: What is the difference between PPP-MII Order, 2017 and PPP-MSE Order, 2012?
Ans. The Public Procurement Policy for MSEs Order, 2012 is a delegated legislation deriving
authority from the Act of Parliament. PPP-MII, Order, 2017 is an executive Order.
Q.No.47: Can Joint Ventures take the benefits of the Public Procurement Policy for MSEs
Order, 2012?
Ans. No, Under Udyam Registration (and earlier under UAM), there is no provision of
registration of Joint Ventures. As mentioned in S. No. 3 above, benefits of the Public
Procurement Policy for MSEs Order, 2012 can be availed by those MSEs which are registered
on the Udyam Registration portal.
Q.No.48: Can Consortiums with Foreign Company takes the benefits of the Public
Procurement Policy for MSEs Order, 2012?
233Manual for Procurement of Non-Consultancy Services, 2025
Ans. No, Under Udyam Registration (and earlier under UAM), there is no provision of
registration of Consortium. As mentioned in S. No. 3 above, benefits of the Public Procurement
Policy for MSEs Order, 2012 can be availed by those MSEs which are registered on the
Udyam Registration portal.
Q.No.49: Can trader benefits from Public Procurement Policy, for MSEs Order, 2012?
Ans. No, as mentioned in O.M. No. 5/2(2)/2021-E/P & G/Policy dated 02.07.2021, Retail and
Wholesale traders can register on Udyam Registration Portal for the purpose of Priority Sector
Lending (PSL) only.
234Manual for Procurement of Non-Consultancy Services, 2025
Annexure 14: Invitation and Declaration for Negotiations
(Refer Para 7.4.10-7-b) and c))
Invitation for Negotiations
(On letterhead of the procuring entity)
No: ______________________________ Dt: ________________
To M/s_________________________________________ Registered A/D
Sub: Tender No ---------------- opened on --------------for the supply of -------------------------
Dear Sir,
The rates quoted in your tender are considered high. You are therefore, requested to come
for negotiations of rates, on.............. (date) at........... (time) at............. (venue).
You should, however, come for negotiations only in case you are prepared to furnish before
such date the declaration appended herewith.
A copy of the form in which you may submit your revised offer after negotiations is
enclosed.
Yours faithfully,
Enclosure: (Authorised Officer)
i) Form of Declaration
ii) Form of Revised Offer
FORM OF DECLARATION
(To be signed and submitted before start of negotiations)
(On company letterhead)
No:______________________________ Dt:________________
To ____________________________
Sub: Tender No ---------------- Opened on --------------for the supply of ------------------------
-
Ref: Your invitation for negotiations No: dated:
Dear Sir,
I ____________________ duly authorised on behalf of M/s. _______________ do declare
that in the event of failure of the contemplated negotiations relating to Tender
No.____________________ opened on __________________my original tender shall remain
open for acceptance on its original terms and conditions.
Yours faithfully,
Place:_________________________ Signatures of bidder, or officer authorised to
Date: _________________________ sign the bid
on behalf of the bidder
235Manual for Procurement of Non-Consultancy Services, 2025
Annexure 15: Format of Revised Offer in Negotiations
(Refer Para 7.4.10-7-d)
Revised Offer in Negotiations
(On company letterhead)
From…………………………………………………………………………………..
Full address…………………………………………………………………………
To ................................................
Sir,
Sub: Tender No ---------------- opened on --------------for the supply of -------------------
------
Ref: Your invitation for negotiations no: dated:
1. On further discussions with your representatives on ………………….in
response to your letter no ……………………………….. dated ……………..
We are not prepared to reduce the rates already quoted in the original tender, which
will remain valid up to……………………………….
Or
1. I / we reduce my/our rates as shown in the enclosed schedule of items.
2. I / we am/are aware that the provisions of the original tender document remain
valid and binding on me.
3. I/we undertake to execute the contract as per following Schedule.........
4. I/we agree to abide by this tender on the revised rate quoted by me/us, it is open for
acceptance for a period of 120/180 (one hundred twenty to one hundred eighty) days from this
date, i. e., up to …………………………. and in default of my/our doing so, I/we will forfeit the
earnest money deposited with the original tender/ attached herewith. Eligibility as valid bidders
shall be deemed to be the consideration for the said forfeiture.
Yours faithfully,
Signatures of bidder or
officer authorised to sign the bid
documents on behalf of the bidder
236Manual for Procurement of Non-Consultancy Services, 2025
Annexure 16: Letter (Notification) of Award (LoA) of
Contract
(Refer Para 7.5.1-2)
Name of the procuring
entity____________________________________________________
Letter of Award of Contract
Confidential
Contract No: (Insert date)
Contract Title:
To,
M/s. (Insert name & address)
Sub: Award of contract for contract no: (insert contract number) and contract title: (insert
contract title)
REF. Your offer no. (insert offer number) against our tender no. (insert tender no) opened on
(insert date of opening of tender)
Dear Sir/ Madam
I am directed to inform you that after evaluating the bids submitted by you on ----(enter date)
---------(Enter Name of Procuring Entity) is pleased to inform you that you have been selected
as the successful bidder for the performance of Services (enter description). The total
purchase price shall be (enter amount) as indicated in your financial bid submitted on (enter
date), in accordance with the procedures intimated in the relevant tender documents.
You/your authorised representative(s) are requested to be personally present at (insert
address) for the signing of the contract by (enter date).
In this respect, we also request you to submit the performance security of (insert amount of
Rupees in words) by (insert date). Security deposit being 10% (ten percent) of the total cost
= Rs._______________.
Please apply for refund of EMD deposited over and above the SD of if any.
You are requested to execute necessary agreement within seven days from the date of issue
of this letter in the enclosed agreement form. Special adhesive stamp of Rs.10 (Rupees Ten)
and revenue stamp of Rupee one shall be affixed on the enclosed agreement form. Treasury
receipts of EMD and SD shall be deposited in office within the stipulated time limit as above.
This notification concludes the legally binding contract between you and the Government of
India, till issue of a formal contract.
Yours truly,
(Authorised Officer)
Enclosure: Agreement Form along with the schedule of delivery
237Manual for Procurement of Non-Consultancy Services, 2025
Annexure 17: Proposal for Extension of Delivery Period
(Refer Para 9.4.3-2,3)
Proposal for Extension of Delivery Period
Department Office
Description Contract value
Contract No: Date:
Variations applicable PVC/ ERV/ Statutory Type of contractor Govt. Dept. /
Variations PSU/ MSE
Contractor & Regn. No.: Quantity on order
Quantity already Quantity remaining
supplied
Details of earlier Is it a contract: Development/
extensions granted Indigenisation
Reference and date of Reasons cited for
request for extension extension
Original/extended Proposed
delivery period/ date extension of period/
date
Signature of Procuring Officer Date
Remarks of Indentor:
Regarding the proposed extension of delivery period/date, the following remarks are given
regarding loss and inconvenience due to delay:
Loss: (strike out options not applicable): No loss would be incurred/ loss is incurred but cannot
be quantified/ loss to the extent of Rs. -------------------- would be incurred
Inconvenience: (strike out what is not applicable): No inconvenience would be
incurred/inconvenience would be incurred
Proposed extension in delivery is recommended with above remarks.
Signature of Indenting Officer and Date
Proposal by Procuring Entity
It is certified that:
a) That a higher rate in the original tender was not accepted against other lower quotations
in consideration of the earlier delivery;
b) That there is no falling trend in prices for this item as evidenced from the fact that in the
intervening period neither orders have been placed at rates lower than this contract nor
238Annexure 17: Proposal for Extension of Delivery Period
any tender has been opened where such rates have been received even though tender
is not yet decided.
It is proposed to grant extension of delivery period/date up to ___________________, (strike
out options not applicable) with recovery of liquidated damages/ with recovery of token
liquidated damages/ without any liquidated damages and with/without denial clause, in view
of justifications recorded below:
--------------------------------------------------------------------------------------------------------------------------
In view of value of the contract and proposal regarding liquidated damages, this would require
approval of -------------------- (competent authority). This would/ would not require financial
concurrence.
Signature of Procuring Officer and Date
Head of Office recommendations/approval
Signature of Superintending Engineer/date
239Manual for Procurement of Non-Consultancy Services, 2025
Annexure 18: Format for Extension of Delivery Period/
Performance Notice
(Refer Para 9.4.3-7 and 9.4.5)
Name of the Procuring Entity________________________________________________________
Extension of Delivery Period/Performance Notice
To M/s (name and address of form)
Sub: Contract No ---------------- dated --------------for the supply of ------------------------
-
Ref: Your letter no. ------------------ dated: --------------------
Dear Sir,
1. You have failed to deliver {the (fill in details of services)} within the contract delivery
period (as last extended up to) (fill in date). In your letter under reply you have asked
for (further) extension of time for delivery. In view of the circumstances stated in your
said letter, the time for delivery is extended from (fill in date) to (fill in date)
2. Please note that notwithstanding the grant of this extension in terms of Clause (fill in
clause number) of the subject contract an amount equivalent to........................%
(...............per cent) of the delivered price of the delayed services for each week of
delay or part thereof (subject to the ceiling as provided in the aforesaid clause) beyond
the original contract delivery date/the last unconditionally re-fixed delivery date (as & if
applicable), viz., (fill in date) will be recovered from you as liquidated damages. You
may now tender the services for inspection/ review (balance of the services) in terms
of this letter. Services if any already tendered by you for inspection/ review but not
inspected/ reviewed will be now inspected/ reviewed accordingly.
3. You are also required to extend the validity period of the performance guarantee for
the subject contract from (fill in present validity date) to (fill in required extended date)
within 15 (fifteen) days of issue of this amendment letter.
4. The above extension of delivery date will also be subject to the following Denial Clause.
1) That no increases in price on account of any statutory increase in or fresh Imposition of
customs duty, excise duty, GST or on account of any other taxes/duty, including custom
duty), leviable in respect of the Services specified in the said contract which takes place
after (insert the original delivery date) shall be admissible on such of the said Services, as
are delivered after the said date; and.
2) That notwithstanding any stipulation in the contract for increase in price on any other
ground including foreign exchange rate variation, no such increase which takes place after
(insert the original delivery date) shall be admissible on such of the said Services as are
delivered after the said date.
3) But nevertheless, the purchaser shall be entitled to the benefit of any decrease in price on
account of reduction in or remission of customs duty, excise duty, GST or on account of
any other Tax or duty or on any other ground as stipulated in the price variation clause or
foreign exchange rate variation which takes place after the expiry of the above-mentioned
date namely (insert the original delivery date)
5. All other terms and conditions of the contract remain unaltered. This is without any
prejudice to purchasers’ rights under the terms and conditions of the subject contract.
240Annexure 18: Format for Extension of Delivery Period/ Performance Notice
6. Please intimate your unconditional acceptance of this amendment letter within 10 (ten)
days of the issue of this letter failing which the contract will be cancelled at your risk and
expense without any further reference to you.
Yours faithfully,
(Authorised Officer)
Duly authorised, for and on behalf of
The President of India
Note: Select one option within { } brackets; delete portion within ( ) brackets, if not applicable;
fill in ( ) brackets. Brackets and this note are not to be typed.
Substitute following first para instead of first para in format above, for issuing a performance
notice.
1. You have failed to deliver {enter the detail of the Services} within the contract delivery
period (as last extended up to) (fill in date). In spite of the fact that the time of delivery
of the services stipulated in the contract is deemed to be of the essence of the contract,
it appears that (fill in the outstanding services) are still outstanding even though the
date of delivery has expired. Although not bound to do so, the time for delivery is
extended from (fill in date) to (fill in date) and you are requested to note that in the
event of your failure to deliver the services within the delivery period as hereby
extended, the contract shall be cancelled for the outstanding services at your risk and
cost.
241Manual for Procurement of Non-Consultancy Services, 2025
Annexure 19: Model Format for Correspondence with
Service Provider after Expiry of Delivery Date
(Ref Para 9.4.3-6 and 9.4.4)
Registered Acknowledgement Due
To
M/s _______________________________
____________________________________
____________________________________
Sub : Contract No………………………………………… dated …………………….….. for supply
of …………………………………………………………………………...
Dear Sirs,
The date of delivery of the subject contract expired on ____________. As services against the
same have not yet been delivered/ completed, there is a breach of the contract on your part.
As information is required regarding past services delivered against this contract, you are
requested to send the particulars regarding the services rendered so far and, also, the
quantum of services inspected/ reviewed so far, but not yet dispatched and the quantum of
services so far not tendered for inspection/ review before the expiry of the date of delivery.
The above information is required for the purpose of verification of our records and is not
intended to keep the contract alive and does not waive the breach. This is without prejudice
to the rights and remedies available to the purchaser in terms of the contract and law
applicable in this behalf.
Yours faithfully,
(----------------------)
for………………………
242Manual for Procurement of Non-Consultancy Services, 2025
Annexure 20: No Claim Certificate
(Refer Para 9.5.1-6 and 9.6.2)
(On company letterhead)
To,
(Contract Executing Officer)
Procuring Entity_______________________
NO CLAIM CERTIFICATE
Sub: Contract Agreement no. ---------------- dated --------------for the supply of -------------
------------
We have received the sum of Rs. (Rupees
______________________________________only) in full and final settlement of all the
payments due to us for the delivery of services of
un
der the above mentioned contract agreement, between us and Government of India. We
here by unconditionally and without any reservation whatsoever, certify that with this
payment, we shall have no claim whatsoever, of any description, on any account, against
Procuring Entity, against aforesaid contract agreement executed by us. We further declare
unequivocally, that with this payment, we have received all the amounts payable to us, and
have no dispute of any description whatsoever, regarding the amounts worked out as
payable to us and received by us, and that we shall continue to be bound by the terms and
conditions of the contract agreement, as regards performance of the contract.
Yours faithfully,
Signatures of contractor or
officer authorised to sign the contract documents
on behalf of the contractor
(company stamp)
Date:
Place:
243Manual for Procurement of Non-Consultancy Services, 2025
Annexure 21: Guidelines for Evaluation of Concurrent
Application of the MSE and MII Preferences
(Refer Para 7.4.6)
1. The concurrent application of the two procurement orders i.e., MSE Procurement Order of
2012 and PPP-MII Order may create confusion to the procuring entities on how to evaluate
the bidders falling within the purview of both policies. To bring predictability both to the
procuring entities as well as bidders, guidelines were issued by DoE. These guidelines are
explained below. Examples to illustrate the application of these guidelines are given in the
Annex to this Annexure.
2. The Class-I local suppliers, under PPP-Mll Order, participating in any government tender,
may or may not be MSEs, as defined under the MSME Act. Similarly, MSEs participating
in any government tender, may or may not be Class-I local suppliers. Suppliers may be
categorised in following four broad categories for consideration or applicability of purchase
preference:
Category: If Supplier is: Terminology: Supplier Acronym for this
Para
both MSE & Class-I local supplier "MSE Class-I local" M-C1
MSE but not Class-I local supplier "MSE but non-Class-l local" M-NC1
not MSE but is Class-I local supplier "Non-MSE but Class-I NM-C1
local"
Supplier is neither MSE nor Class-I local "Non-MSE non-Class-l NM-NC1
local"
3. The applicability of PPP-MSE Order and PPP-Mll Order in various scenarios, involving
simultaneous purchase preference to MSEs and Class-I local suppliers under PPP-MSE
Order and PPP-Mll Order respectively, shall be as under:
a) Scenario-1: Items for which Nodal Ministry has notified sufficient local capacity
and competition (para 1.10.2-3A-a) of this manual): For these items, only Class-I
local suppliers are eligible to bid irrespective of purchase value. Hence, Class-Il
local suppliers or Non-local suppliers, including MSEs which are Class-Il local
suppliers/ Non-local suppliers, are not eligible to bid. Possible scenarios can be as
under:
i) L-1 is "MSE Class-I local supplier" - 100% of the tendered quantity is to be
awarded to L-1.
ii) L-1 is "Non-MSE but Class-I local supplier" - Purchase preference is given to
MSEs as per PPP-MSE Order. Balance quantity is to be awarded to the L-1
bidder.
b) Scenario 2: Items reserved exclusively for procurement from MSEs as per PPP-
MSE Order: These items are reserved exclusively for purchase from MSEs. Hence,
non-MSEs are not eligible to bid for these items. Possible scenarios can be as
under:
244Annexure 21: Guidelines for Evaluation of Concurrent Application of the MSE and MII
Preferences
i) L-1 is "MSE Class-I local supplier" - 100% of the tendered quantity is to be
awarded to L-1
ii) L-1 is "MSE non-Class—l local supplier" - Purchase preference is to be given
to “MSE Class-I local supplier” if any, as per PPP-Mll Order. Balance quantity
is to be awarded to L-1 bidder.
c) If items are neither notified for sufficient local capacity nor reserved for MSEs, then
the process will be as follows:
i) Scenario 3: Items covered under (para 1.10.2-3-b) of this manual) which are
divisible items and both MSEs as well as Class-I local suppliers are eligible for
purchase preference. Possible scenarios can be as under:
1) L-1 is "MSE Class-I local supplier" - 100% of the tendered quantity is to be
awarded to L-1.
2) L-1 is "Non-MSE but Class-I local supplier" - Purchase preference is to be
given to “MSE Non-ClassI Local Supplier”, if any if eligible, as per PPP-
MSE Order. Balance quantity is to be awarded to L-1 bidder.
3) L-1 is "MSE but non-Class-l local supplier" - Purchase preference is to be
given to “Non-MSE Class-I local supplier”, if any if eligible, as per PPP-Mll
Order. Balance quantity is to be awarded to L-1 bidder.
4) L-1 is "Non-MSE non-Class-l local supplier" - Purchase preference is to be
given to MSEs as per PPP-MSE Order. Thereafter, purchase preference
is to be given to Class-I local suppliers for "50% of the tendered quantity
minus quantity allotted to MSEs above" as per PPP- Mll Order. For the
balance quantity, contract is to be awarded to L-1 bidder. (Kindly refer to
the illustrative example in the annex to this annexure).
ii) Scenario 4: Items covered under (para 1.10.2-3-b) of this manual) which are
non-divisible items and both MSEs as well as Class-I local suppliers are eligible
for purchase preference. Possible scenarios can be as under:
1) L-1 is "MSE Class-I local supplier" - Contract is awarded to L-1.
2) L-1 is not "MSE Class-I local supplier" but the "MSE Class-I local supplier"
falls within 15% margin of purchase preference Purchase preference is to
be given to lowest quoting "MSE Class-I local supplier". If the lowest
quoting "MSE Class-I local supplier" does not accept the L-1 rates, the next
higher "MSE Class-I local supplier" falling within 15% margin of purchase
preference is to be given purchase preference and so on.
3) If conditions mentioned in sub paras 1) and 2) above are not met i.e., L-1
is neither "MSE Class-I local supplier" nor "MSE Class-I local supplier" is
eligible to take benefit of purchase preference, the contract is to be
awarded/ purchase preference to be given in different possible scenarios
as under:
h) L-1 is "MSE but non-Class-l local supplier" or "Non-MSE but Class-I local supplier" —
Contract is to be awarded to L-1.
i) L-2 is "Non-MSE non-Class-l local supplier" - First purchase preference to be given to
MSE as per PPP-MSE Order. If MSE is not eligible/ does not accept - purchase
preference to be given to Class- I Local supplier as per PPP-Mll Order. If Class-I Local
supplier also not eligible/ does not accept — contract to be awarded to L-1.
d) Scenario 5: Items reserved for both MSEs and Class-I local suppliers: These items
are reserved exclusively for purchase from MSEs as well as Class-I local suppliers.
245Manual for Procurement of Non-Consultancy Services, 2025
Hence, only "MSE Class-I local supplier" are eligible to bid for these items. Non-
MSEs/ CIass-II local suppliers/ Non-local suppliers cannot bid for these items.
Hence the question of purchase preference does not arise.
e) Scenario 6: Non-local suppliers, including MSEs falling in the category of Non-
local suppliers, shall be eligible to bid only against Global Tender Enquiry.
246Manual for Procurement of Non-Consultancy Services, 2025
Annex to Annexure 21: Examples of Evaluation of Concurrent
Application of the MSE and MII Preferences
1. Given below are the examples to explain the different scenarios that may arise during
the concurrent evaluation of MSE and Class-I local suppliers. The scenarios are further
divided into the various sub-scenarios considered as ‘Distribution (D)’ to provide clarity
on the quantity distribution, which shall take place among the MSE and Class-I local
suppliers. Please note the following acronyms, in table in para 2 of Annexure 21.
2. Example explaining applicability in scenario explained in Scenario 3 in Annexure 21 (:
Divisible items, both MSEs as well as Class-I local suppliers eligible for purchase
preference.) Item — Desktop computer, Qty — 100 Nos.
i) L-1 is ‘Non-MSE but Class-I Local Supplier’ (NM-C1) (Scenario 3 -2) in Annexure 21)
Details of bids received:
Rates D-1 D-2 D-3 D-4
Status of
S.# Bidder quoted Rank
bidder
(INR)
1. A 100 L1 NM-C1 74 (L1) 75 (L1) 75 (L1) 100 (L1)
B L2 Accepts Accepts Does not Does not
2. 110 M-NC1
13 (MSE) 25 (MSE) accept accept
L3 Not Eligible Not Not Eligible Not Eligible
3. C 112 NM-NC1
Eligible
D L4 Accepts Does not Accepts Does not
4. 115 M-NC1
13 (MSE) accept 25 (MSE) accept
E L5 Not Eligible Not Not Eligible Not Eligible
5. 118 NM-C1
Eligible
F L6 Not Eligible Not Not Eligible Not Eligible
6. 120 MC1
Eligible
a) First purchase preference is to be given to MSEs as per PPP-MSE Order.
b) MSE bidders to be invited for placement of 25% of tendered quantity of 100 Nos. i.e.,
25 Nos.
c) Those MSE bidders are to be invited whose quoted rates falls within 15% margin of
purchase preference, to match the L1 price.
d) Accordingly, the following distributions may happen:
A. Distribution-1 (D-1)
1) MSE bidders B (L2) and D (L4) are invited to match L1 price i.e., INR 100/-.
2) Both bidders B and D agree to match the L1 price.
3) The quantity of 25 nos. is distributed equally among bidders B and D i.e., 25/2=12.5
nos. (say 13 nos.)
247Annex to Annexure 21: Examples of Evaluation of Concurrent Application of the MSE and MII
Preferences
4) Bidders B and D are awarded the quantity of 13 nos. of computers each (i.e., a total of
26 nos. of computers placed on MSE bidders)
5) The remaining quantity of 74 nos. of computers (100-26) is placed on the L1 bidder.
B. Distribution-2 (D-2)/ Distribution-3 (D-3)
1) Either bidder B or bidder D agrees to match the L1 price.
2) 25 nos. quantity (25% of 100 nos.) is placed on the bidder (B or D).
3) The balance quantity of 75 nos. computers (100-25) is placed on the L1 bidder.
C. Distribution-4 (D-4)
1) None of the MSE bidders agree to match the L1 price. No MSE preference
given.
2) Entire quantity of 100 nos. computers is placed on the L1 bidder i.e., Bidder
“A”, being a Class I bidder.
ii) L-1 is “MSE but non-Class-I Local Supplier (M-NC1) (Scenario 3 -3) in Annexure 21).
Details of bids received:
Rates D-1 D-2 D-3 D-4
Status of
S.# Bidder quoted Rank
bidder
(INR)
1. A 100 L1 M-NC1 50 (L1) 50 (L1) 50 (L1) 100 (L1)
B L2 Not Eligible Not Not Eligible Not Eligible
2. 110 NM-NC1
Eligible
L3 Accepts Does not Does not Does not
3. C 112 NM-C1
50 (MII) accept accept accept
D L4 Not Eligible Not Not Eligible Not Eligible
4. 115 M-NC1
Eligible
E L5 Not Eligible Accepts Does not Does not
5. 118 NM-C1
50 (MII) accept accept
F L6 Not Eligible Not Accepts Does not
6. 120 MC1
Eligible 50 (MII) accept
a) First purchase preference is to be given to Class-I local supplier as per PPP-MII Order,
for placement of 50% of tendered quantity of 100 Nos. i.e., 50 Nos.
b) The Class-I local supplier is to be invited whose quoted rates falls within 20% margin
of purchase preference, to match the L1 price.
c) Accordingly, the following distributions may happen:
A. Distribution-1 (D-1)
1) Class-I bidder C (L3) is invited to match L1 price i.e., INR 100/-.
2) Bidders C agrees to match the L1 price.
3) Bidder C is awarded the quantity of 50 nos.
4) The balance quantity of 50 nos. of computers (100-50) is placed on the L1
bidder.
248Manual for Procurement of Non-Consultancy Services, 2025
B. Distribution-2 (D-2)/ Distribution-3 (D-3)
1) The bidder C does not agree to match the L1 price, then the next Class-I bidder
i.e., Bidder E is invited to match the L1 price.
2) Bidder E agrees to match the L1 price, and the 50 nos. quantity is awarded on
Bidder E.
3) The balance quantity of 50 nos. computers (100-50) is placed on the L1 bidder
‘A’.
4) In case, Bidder E does not agree to match the L1 price, the next Class-I bidder
is invited which is Bidder ‘F’.
5) Bidder F agrees to match the L1 price, then the 50 nos. of quantity are awarded
to Bidder F, while the balance quantity of 50 nos. computers is placed on the
L1 bidder ‘A’.
C. Distribution-4 (D-4)
1) None of the Class-I local suppliers agree to match the L1 price. No MII
preference given.
2) Entire quantity of 100 nos. computers is placed on the L1 bidder i.e., Bidder ‘A’.
iii) L-1 is "Non-MSE non-Class-l local supplier" (NM-NC1) (Scenario 3 -4) in Annexure
21). Details of bids received:
Rates D-1 D-2 D-3 D-4 D-5 D-6 D-7
Bidder
S.# Bidder quoted Rank
Status
(INR)
A L1 NM- 37 (L1) 37 (L1) 37 (L1) 37 (L1) 37 (L1) 50 (L1) 75 (L1)
1. 100
NC1
Accept Accepts Does Does not Does Accept Does
B L2 s 38 (MII) not accept not s not
2. 110 NM-C1
37 accept accept 50 accept
(MII) (MII)
Accept Accepts Does Accepts Accepts Does Accept
L3 s 25 not 13 (MSE) 25 not s
3. C 112 M-NC1
13 (MSE) accept (MSE) accept 25
(MSE) (MSE)
Accept Does Accepts Accepts Does Does Does
D L4 s not 25 13 (MSE) not not not
4. 115 MC1
13 accept (MSE) + + 37 (MII) accept accept accept
(MSE) 38 (MII)
Not Not Not Not Does Not Does
5. E 118 L5 NM-C1 Eligible Eligible Eligible Eligible not Eligible not
accept accept
249Annex to Annexure 21: Examples of Evaluation of Concurrent Application of the MSE and MII
Preferences
Not Not Not Not Accepts Not Does
6. F 120 L6 MC1 Eligible Eligible Eligible Eligible 38 (MII) Eligible not
accept
G L7 Not Not Not Not Not Not Not
7 120 M-NC1
Eligible Eligible Eligible Eligible Eligible Eligible Eligible
a) First purchase preference is to be given to MSEs as per PPP-MSE Order.
b) MSE bidders having their quoted rates within 15% margin of purchase preference to
be invited for placement of 25% of tendered quantity, subject to matching the L1 price.
c) The next purchase preference is to be given to Class-I local supplier as per PPP-MII
Order, whose quoted rates falls within 20% margin of purchase preference, to match
the L1 price.
d) Post these purchase preferences, the balance quantity is placed on the L1 bidder who
is Non-MSE non-Class-I local supplier.
e) Accordingly, the following distributions may happen:
A. Distribution-1 (D-1)
1) MSE bidders C and D are invited to match L1 price i.e., INR 100/-. Bidder F
and G, being the MSE bidders are not invited since their quoted prices falls
beyond the margin of preference of 15%.
2) Both bidders C and D agree to match the L1 price.
3) The quantity of 25 nos. is distributed equally among bidders B and D i.e.,
25/2=12.5 nos. (say 13 nos.)
4) Bidders C and D are awarded the quantity of 13 nos. of computers each (i.e.,
a total of 26 nos. of computers placed on MSE bidders)
5) The balance quantity remaining is 74 nos. (100-26). Next, purchase preference
shall be given as per MII Order for the placement of 50% of the balance
quantity, i.e., for 37 nos. of computers (50% of 74).
6) Bidder B, being a Class-I local supplier, is invited to match the L1 price, since
its quoted rate falls within margin of purchase preference of 20%.
7) Bidder B agrees to match the L1 price. The quantity of 37 nos. of computers is
awarded to bidder ‘B’.
8) The balance quantity of 37 nos. of computers (100-26-37), is placed on the L1
bidder ‘A’.
B. Distribution-2 (D-2)
1) MSE bidder C and D are invited to match L1 price i.e., INR 100/-.
2) MSE bidders C agrees to match the L1 price, but MSE bidder D does not agree
to match the L1 price.
3) The quantity of 25 nos. (25% of 100 nos.) is placed on the MSE bidder C.
4) The balance quantity remaining is 75 nos. (100-25). Next, purchase preference
shall be given as per MII Order for the placement of 50% of the balance
quantity, i.e., for 37.5 or say, 38 nos. of computers.
5) Bidder B, being the Class-I local supplier, is invited to match the L1 price, since
its quoted rate falls within margin of purchase preference of 20%.
6) Bidder B agrees to match the L1 price. The quantity of 38 nos. of computers is
awarded to bidder ‘B’.
250Manual for Procurement of Non-Consultancy Services, 2025
7) The balance quantity of 37 nos. of computers (100-25-38), is placed on the L1
bidder ‘A’.
C. Distribution-3 (D-3)
1) MSE bidder C and D are invited to match L1 price i.e., INR 100/-.
2) MSE bidders C does not agrees to match the L1 price, but MSE bidder D
agrees.
3) The quantity of 25 nos. (25% of 100 nos.) is placed on the MSE bidder D.
4) The balance quantity remaining is 75 nos. (100-25). Next, purchase preference
shall be given as per MII Order for the placement of 50% of the balance
quantity, i.e., for 37.5 or say, 38 nos. of computers.
5) Bidder B, being the Class-I local supplier is invited to match the L1 price, since
its quoted rate falls within margin of purchase preference of 20%.
6) Bidder B does not agree to match the L1 price. Hence, the next Class-I local
supplier, bidder ‘D’ is invited to match the L1 price. Bidder D agrees and the
quantity of 38 nos. of computers is awarded to bidder ‘D’.
7) The balance quantity of 37 nos. of computers (100-25-38), is placed on the L1
bidder ‘A’.
D. Distribution-4 (D-4)
1) MSE bidder C and D are invited to match L1 price i.e., INR 100/-.
2) MSE bidders C and D agree to match the L1 price. The quantity of 25 nos. is
distributed equally among bidders B and D i.e., 25/2=12.5 nos. (say 13 nos.)
each.
3) The balance quantity remaining is 74 nos. (100-26). Next, purchase preference
shall be given as per MII Order for the placement of 50% of the balance
quantity, i.e., for 37 nos. of computers.
4) Bidder B, being the Class-I local supplier is invited to match the L1 price, since
its quoted rate falls within margin of purchase preference of 20%.
5) Bidder B does not agree to match the L1 price. Hence, the next Class-I local
supplier, bidder ‘D’ is invited to match the L1 price. Bidder D agrees and the
quantity of 37 nos. of computers is awarded to bidder ‘D’.
6) The balance quantity of 37 nos. of computers (100-26-37), is placed on the L1
bidder ‘A’.
E. Distribution-5 (D-5)
1) MSE bidder C and D are invited to match L1 price i.e., INR 100/-.
2) MSE bidders C agrees to match the L1 price, however, bidder D does not
agree. Hence, the 25% of 100 nos. of computers i.e., 25 nos. are awarded to
MSE bidder C.
3) The balance quantity remaining is 75 nos. (100-25). Next, purchase preference
shall be given as per MII Order for the placement of 50% of the balance
quantity, i.e., for 37.5, say 38 nos. of computers.
4) Bidder B, being the Class-I local supplier is invited to match the L1 price, since
its quoted rate falls within margin of purchase preference of 20%.
5) Bidder B does not agree to match the L1 price. Hence, the next Class-I local
supplier, bidder ‘D’ is invited to match the L1 price. Bidder D also does not
agree to match the L1 price. The next class-I local supplier ‘E’ is invited that
does not agree either. The next class-I local supplier ‘F’ is invited (who happens
to be a MSE bidder as well, however, since the quoted price of bidder ‘F’ in
case of MSE preference was beyond 15% margin of preference, hence it was
251Annex to Annexure 21: Examples of Evaluation of Concurrent Application of the MSE and MII
Preferences
not invited to match the L1 price while going for MSE preference). For MII
preference, the price quoted is within the margin of 20%. The bidder ‘F’ agrees
to match the L1 price. The quantity of 38 nos. of computers is placed on bidder
’F’.
6) The balance quantity of 37 nos. of computers (100-25-38), is placed on the L1
bidder ‘A’.
F. Distribution-6 (D-6)
1) MSE bidder C and D are invited to match L1 price i.e., INR 100/-.
2) Neither of the MSE bidders (C and D) agrees to match the L1 price. Hence, no
MSE purchase preference is given.
3) The next purchase preference is given to Class-I local supplier as per the MII
Order for the 50% of the tendered quantity i.e., for 50 nos. of computers. Bidder
‘B’ being the lowest quoting Class-I local supplier with its quoted price falling
within the margin of purchase preference of 20% is invited to match the L1
price.
4) Bidder ‘B’ agrees to match the L1 price. The quantity of 50 nos. of computers
is awarded on bidder ‘B’.
5) The balance quantity of 50 nos. of computers (100-50) is placed on the L1
bidder ‘A’.
G. Distribution-7 (D-7)
1) MSE bidder C and D are invited to match L1 price i.e., INR 100/-.
2) MSE bidder ‘C’ agrees to match the L1 price only. Hence, 25% of the total
tendered quantity i.e., 25 nos. of computers are awarded on the MSE bidder
‘C’.
3) The next purchase preference is to be given to Class-I local supplier as per the
MII Order for the 50% of the balance quantity of 75 nos. i.e., for 37.5 or say 38
nos. of computers. First Class-I bidder invited is bidder ‘B’ to match the L1 price.
Bidder ‘B’ does not agree to match the price. Subsequently, bidders ‘D,’ ‘E’ and
‘F’ are invited one by one, after each of the bidder does not agree to match the
L1 price.
4) None of the Class-I local suppliers agree to match the L1 price. Hence, no
purchase preference under MII order is given.
5) The balance quantity obtained, after the placement of 25 nos. quantity of
computers on MSE bidders, is placed on bidder ‘A’ the L1 bidder for 75 nos.
computers.
3. Example explaining applicability in Scenario 4 in Annexure 21 (Non-Divisible items,
both MSEs as well as Class-I local suppliers eligible for purchase preference.). Item
— Software License, Unit — 100 Nos.
i) L-1 is “Non-MSE but Class-I Local Supplier” (Scenario 4 -2) in Annexure 21). Details
of bids received:
Name of Rates Price
Sr. No. Status of bidder
bidder quoted Ranking
1. A 100 L1 “Non-MSE but Class-I local supplier"
2. B 110 L2 "MSE but non- Class-I local supplier"
252Manual for Procurement of Non-Consultancy Services, 2025
3. C 112 L3 "MSE Class-I local supplier"
4. D 115 L4 "MSE Class-I local supplier"
5. E 118 L5 "Non MSE non-Class-I local supplier"
6. F 120 L6 "MSE Class-I local supplier"
a) Here, purchase preference is to be given to the lowest quoting ‘MSE Class-I local
supplier,’ provided its rate falls within the purchase preference of 15%.
b) Bidder ‘C’ is MSE Class-I local supplier with price within the 15% margin of preference.
Bidder C is invited to match the price of L1. If agreed, the entire order (100 nos. of
software licenses) is to be placed on Bidder C.
c) If lowest quoting ‘MSE Class-I local supplier’ (Bidder ‘C’) does not agree to match the
L1 price, the next higher ‘MSE Class-I local supplier’ i.e., bidder ‘D’ is invited to match
the L1 price. If agreed, the entire order is to be placed on bidder ‘D.’
d) Bidder ‘F’ though MSE Class-I local supplier, cannot be considered since its price falls
beyond the 15% margin of preference.
ii) L-1 is “MSE but non-Class-I Local Supplier” (Scenario 4 -1) in Annexure 21): The
approach explained in example 2. (i) above to be followed.
iii) L-1 is neither “MSE Class-I Local Supplier” nor “MSE Class-I Local Supplier” is
eligible (Scenario 4 -3) in Annexure 21), then:
1) L-1 is MSE but non-Class-I local supplier: Entire quantity (100 nos. of software
license) is to be placed on the L-1; or
2) L-1 is Non-MSE but Class-I local supplier: Entire quantity (100 nos. of software
license) to be placed on the L-1.
iv) L-1 is “Non-MSE non-Class-I Local Supplier”. Details of bids received:
Name of Rates Price
Sr. No. Status of bidder
bidder quoted Ranking
1. A 100 L1 “Non-MSE non-Class-I local supplier"
2. B 110 L2 "MSE but non- Class-I local supplier"
3. C 112 L3 "Non MSE but Class-I local supplier"
4. D 115 L4 "MSE but non- Class-I local supplier"
5. E 118 L5 "Non MSE but Class-I local supplier "
6. F 120 L6 “MSE but non- Class-I local supplier”
7. G 125 L7 "MSE Class-I local supplier"
1) First, MSE preference shall be exercised. Hence, lowest quoting MSE but non-Class-
I local supplier is invited to match the price of L-1. Bidder ‘B’ has quoted the price that
253Annex to Annexure 21: Examples of Evaluation of Concurrent Application of the MSE and MII
Preferences
falls within the purchase preference of 15%. If Bidder ‘B’ agrees, the entire order is to
be placed on bidder ‘B.’
2) If bidder ‘B’ does not agree, bidder ‘D’ shall be invited (price falling within the purchase
preference of 15%), to match the L-1 price. If agreed, entire order to be placed on
bidder ‘D.’
3) If bidder ‘D’ also does not agree, now, purchase preference to Class-I local supplier
shall be provided. Bidder ‘F’ cannot be considered since the quoted price is beyond
the margin of preference of 15%.
4) Bidder ‘C’ is invited to match the L-1 price (quoted price within the purchase preference
of 20%, as per the PPP-MII Order). If bidder ‘C’ agrees, the entire order is to be placed
on ‘C.’
5) If bidder ‘C’ does not agree, bidder ‘E’ to be invited, as the quoted price is within the
purchase preference of 20%. If bidder ‘E’ agrees, the entire order is to be placed on
bidder ‘E.’
If the non MSE but Class-I local supplier, bidder ‘E’ also does not agree to match the L-1 price,
then the entire order is to be placed on the L-1 i.e., bidder ‘A’.
254Manual for Procurement of Non-Consultancy Services, 2025
Annexure 22: FAQs About PPP-MII Order, 2017
(Refer para 1.10.2-20)
Question 1. How to calculate Local Content?
Answer: Para 2 of the PPP-MII Order, 2017 (as amended on 16.09.2020) defines local
content as
Local content’ means the amount of value added in India which shall, unless otherwise
prescribed by the Nodal Ministry, be the total value of the item procured (excluding net
domestic indirect taxes) minus the value of imported content in the item (including all customs
duties) as a proportion of the total value, in percent.
Mathematically,
Local content = (Sale price - Value of imported content) * 100/ Sale price
Where, “Sale price” means price excluding net domestic indirect taxes and “Value of imported
content” means price of imported content inclusive of all customs duties
Question 2. How to calculate Local Content in bids involving supply of multiple items from
single bidder?
Answer: In case of bids requiring supply of multiple items (say “X ”, “X ” and “X ”) by a single
1 2 3
bidder, the local content in the bid shall be
Local content = ((Sale price of “X ” - Value of imported content in “X ”) + (Sale price of “X ” -
1 1 2
Value of imported content in “X ”) + (Sale price of “X ” - Value of imported content in “X ”)) *
2 3 3
100/ (Sale price of “X ” + Sale price of “X ” + Sale price of “X ”)
1 2 3
Question 3. How to obtain Make in India “MII” certificate?
Answer: No such certificate issued by Government of India. As per para 9 (a) of PPP-MII
Order, 2017 (as amended on 16.09.2020), the bidders are required to self-certify the local
content in their product for purchase value less than Rs.10 crore. For purchases more than
Rs.10 crore, as per para 9 (b) of PPP-MII Order, 2017, a certificate from the statutory auditor
or cost auditor of the company (in the case of companies) or from a practicing cost accountant
or practicing chartered accountant (in respect of suppliers other than companies) is required
to be submitted.
Question 4. What is the meaning of class-I local supplier, class-II local supplier and non-local
supplier?
Answer: PPP-MII Order, 2017 (as amended on 16.09.2020) classifies the suppliers into
following 3 categories:
a. ‘Class-I local supplier’ – Suppliers offering items with equal to or more than 50% local
content
b. ‘Class-II local supplier’ - Suppliers offering items with equal to or more than 20% but
less than 50% local content
c. ‘Non-local supplier’ - Suppliers offering items with Less than 20% local content
Nodal Ministries/ Departments are authorized to notify a higher minimum local content
requirement for any item, i.e., higher than 50/20%, if they deem fit
Question 5. Details of product categories for which nodal Ministry have been notified by DPIIT
for PPP-MII, Order 2017 may be provided?
Answer: DPIIT has notified 20 nodal Ministries for different product categories. The details of
such product categories and associated Ministry/ Department are available on DPIIT website.
Refer link: https://dpiit.gov.in/sites/default/files/Approved%20product%20category%20list
255Annexure 22: FAQs About PPP-MII Order, 2017
%20as%20per%2012th%20SCM.pdf
Question 6. Can an item be procured from non-local suppliers, if there are no Class-I/ Class-
II local suppliers in the country.
Answer: Non-local suppliers can only participate in global tender enquiry. Against domestic/
national tenders, only Class-I and Class-II local suppliers can participate in the bidding
process. Hence, in case item is not available locally from Class-I/ Class-II local suppliers,
global tender enquiry may be floated for procuring item after taking approval of competent
authority, as notified by Department of Expenditure under Rule 161(iv) of GFR.
Question 7. Are provisions of PPP-MII Order applicable only in procurement of the items for
which nodal Ministries have been notified and the items for which nodal ministries have issued
local content notification?
Answer: No. The provisions of PPP-MII Order are applicable on procurement of all the items
by Central Government procurement entities. For the items, for which nodal ministries have
not been designated and the items for which nodal ministries have not issued minimum local
content notification, the default provision of PPP- MII Order shall apply.
Question 8. Will the cost of transportation, insurance, installation, commissioning, training
and after sales service support like AMC/CMC etc. will be considered as a part of local
content?
Answer: The cost of transportation, insurance, installation, commissioning, training and after
sales service support like AMC/CMC etc. will not be taken into account for calculating local
content in any item. DPIIT OM No.P-45021/102/2019-BE-II- Part(1) (E-50310) dated
04.03.2021 refers, available on DPIIT Website. Refer link
https://dpiit.gov.in/sites/default/files/Letter%20to%20All%20Ministries030420
21_clarification.pdf
Question 9. Can administrative Ministries grant exemption/ relaxation for procurement of
imported items with the approval of Hon’ble Minister In-charge under Para 14 of PPP-MII
Order?
Answer: Procurement of imported item is governed by Rule 161 (iv) of GFR. Hon’ble Minister
In-charge of administrative Ministry is not the appropriate authority for any exemption/waiver
in GFR. As such, procuring entities are advised to follow the procedures as prescribed in GFR
Rule 161 (iv) for procurement of imported items. In this regard, minutes of 14th Standing
Committee Meeting held on 20.09.2022 issued by DPIIT, refers. (Agenda point Number 5.)
Question 10. Can administrative Ministry/Departments give exemption for wide range of
product categories for an extended period of time under Para 14 of PPP- MII Order with the
approval of Hon’ble Minister In- charge?
Answer: The administrative Ministries/ Departments shall grant only tender specific
exemptions under Para 14 of the Order. Exemptions granted shall remain valid for a period of
maximum 01 year only. If the same items are procured again within the aforesaid period of
01year, fresh approval of Minister-in-charge is not required. If any administrative Ministry/
Department intends to grant exemption beyond a period of 01 year, it shall do so only with
prior written concurrence of concerned nodal Ministry. In this regard, minutes of 14th Standing
Committee Meeting held on 20.09.2022 issued by DPIIT, refers. (Agenda point Number 5.)
Question 11. How do I apply for DPIIT registration under Rule 144 (xi) GFR for entities having
beneficial ownership in land border sharing countries?
Answer: The application format for registration of bidders under Rule 144 (xi) GFR is available
on DPIIT website. Refer link: https://dpiit.gov.in/sites/default/files/Revised-Format-Bidders-
256Manual for Procurement of Non-Consultancy Services, 2025
31March2021.pdf. Applicants are required to submit one hard copy in the prescribed format
along with soft copy (pdf), as detailed in the covering letter of the format. The applicant shall
be asked to submit additional hard copies, if required at the later stage.
Question 12. What will be the category of the local suppliers having exactly 20% and 50%
local content?
Answer: Vide its para 5, the Public Procurement (Preference to Make in India) Order, 2017
dated 16.09.2020 stipulates the minimum local content requirement as under:
“The ‘local content’ requirement to categorize a supplier as ‘Class-I local
supplier’ is minimum 50%. For ‘Class-II local supplier,’ the ‘local content’
requirement is minimum 20%. Nodal Ministry/Department may prescribe only
a higher percentage of minimum local content requirement to categorize a
supplier as ‘Class-I local supplier’/’Class-II local supplier.’ For the items, for
which Nodal Ministry/Department has not prescribed higher minimum local
content notification under the Order, it shall be 50% and 20% for ‘Class-I local
supplier’/” Class-II local supplier’ respectively.”
Accordingly, the local suppliers having exactly 20% and 50% local content will be categorized
as "Class-II Local Supplier" and ‘Class-I Local Supplier’ respectively.
Question 13. Whether a Central Government/CPSE Buyer can take cognizance of open
undertakings/ futuristic declarations and treat bidder as Class I/ Class II local supplier through
the present level of local content of the bidder happens to be below 50%/ 20% respectively?
Answer: Detailed Procedure for Verification of local content declared by suppliers
/vendors is elaborated on clause 9 of PPP-MII Order, 2017 dated 16.09.2020 and as per the
Order, futuristic declarations regarding local content is not allowed.
257Manual for Procurement of Non-Consultancy Services, 2025
Annexure 23: Format for Show-cause Notice for Debarment
(Refer para 3.8.2-3-c)
(On Department Letterhead)
File No: (….)
(Date)
(DoE/ Ministry/ Department/ CPSE/ Organisation)
(Address)
To,
The (Company Name)
(Company Address)
Subject: Show Cause Notice for debarment of your Company from participation in Tenders
of (Govt. of India/ Ministry/ Department/ CPSE/ Organisation) for the following misdemeanour
References: Relevant Tenders/ Contracts: (……….)
Dear Sir/Madam,
1. As a service provider participating in government tenders/ contracts, you must maintain
the highest standards of ethical conduct and transparency, as laid down in the Code of
Integrity in Public Procurement and other provisions in the relevant Tender
Documents/Contracts.
2. Due to your misdemeanour mentioned below relating to the Tender Document/ Contract
referred to above, you are proposed to be debarred from participation in all tenders/
contracts of (Govt. of India/ Ministry/ Department/ CPSE/ Organisation) for a period not
exceeding two years.
3. Articles of Misdemeanours: As per the imputations detailed in Annexure-1 attached
herewith, it is determined that you have committed the following serious misdemeanours
relating to the tender/ contract referred to above:
a) (You breached the Code of Integrity in Public Procurement as specified in (clause
…..) in the Tender Document/ Contract referred to above (please also see Rule
175 of GFR 2017).
b) (You made a false declaration of local content as Class I/ Class II local suppliers
under Public Procurement (Preference to Make in India, Order 2017, Dtd
16/09/2020 or later, i.e., the Make in India Order), which is also be treated as a
breach of code of integrity.)
c) (any other actions or omissions101 by the firm that, in the opinion of the Ministry/
Department, warrants debarment).
4. Opportunity to Explain:
a) In light of the above misdemeanours, we hereby grant you a fair opportunity to
explain in writing why you should not be debarred, as mentioned in para 2 above.
101
(Supply of substandard material; non-supply of material; abandonment of works; substandard quality of works;
failure to abide by “Bid Securing Declaration”; conviction under the Prevention of Corruption Act, 1988; conviction
under any law for causing any loss of life or property or causing a threat to public health as part of executing a
public procurement contract; employs a government servant who has been dismissed or removed on account of
corruption; employs a non-official convicted for an offence involving corruption or abetment of such an offence in
a position where he could corrupt government servants, or employs a government officer within one year of his
retirement who has had business dealings with him in an official capacity before retirement.)
258Annexure 23: Format for Show-cause Notice for Debarment
b) Your response should include Specific Reasons, Mitigating Factors, and
Corrective Measures that you intend to take to rectify the situation and prevent
recurrence.
c) Please also mention if you desire to avail of additional opportunities for an oral
hearing in addition to the written submissions.
d) Please address your response to the undersigned using the contact details
mentioned below.
e) Response Deadline: Please submit your response within 15 days of receiving
this notice. Failure to do so will result in further action, including an order for
debarment.
5. You are required to give details of all ‘allied’ firms that come within the sphere of effective
influence based on the following criteria:
a) You, being a proprietary firm, own it,
b) You, being a partnership firm, have common (all or majority of) partners, or any
one of partners having a profit share of 20% or more in it.
c) You have common Management (say the majority of the directors) with it.
d) Your partners or directors have a majority interest in its management;
e) You have a controlling voice by owning substantial or majority (20% or more)
shares in it.
f) You directly or indirectly control it, are controlled by it, or are under common
control through any agreement/ MoU or otherwise.
g) You are a successor/ subsidiary to it or vice-a-versa;
h) You have common offices/ manufacturing facilities with it.
6. Annexure-1 details the imputation based on which these misdemeanours have been
determined.
7. Annexure 2 lists the documents relied upon for establishing such imputation.
Sincerely,
(Name)
(Designation)
(Contact Information)
Annexure 1: (Details of actions/ omissions committed by the firm)
Annexure-2: (List of relied upon documents)
DA: (Copies of documents attached)
259Manual for Procurement of Non-Consultancy Services, 2025
Annexure 24: Format for Debarment Order
(Refer para 3.8.2-3-b)
(On Department Letterhead)
File No: (….)
Date: (….)
(DoE/ Ministry/ Department/ CPSE/ Organisation)
(Address)
To,
The (Company Name)
(Company Address)
Subject: Your company has been debarred from participating in Tenders of (Govt. of India/
Ministry/ Department/ CPSE/ Organisation).
References:
a) Relevant Tender/ Contract: (….)
b) This office Show-Cause notice No. (….), dated (….)
c) Your Written reply(ies) to the show-cause notice No (….), dated (….) and
d) (Oral Hearing grant to you on (….) with (….))
Dear Sir/Madam,
1. After thoroughly evaluating the evidence and your submission mentioned above, it has
been established that your company committed the serious misdemeanour mentioned
below. As a result, this (Govt. of India/ Ministry/ Department/ CPSE/ Organisation) has
decided to debar your company from participating in any of our tenders of all entities
covered under the jurisdiction mentioned below for a period mentioned below.
a) The Debarment shall automatically extend to all your allied firms, listed in
Annexure-2, attached herewith. In the case of a joint venture/ consortium, all
partners shall also stand debarred.
b) Debarment does not impact the procuring entities' other contractual or legal rights.
c) Contracts concluded before the issue of the debarment order shall not be affected
by the debarment Orders.
2. Reasons for Debarment:
a) It is determined that you have committed the following serious misdemeanours
relating to the tender/ contract referred to above. Details of these misdemeanours
are given in Annexure-1, attached herewith:
b) (Please see the format of show-cause notice for possible misdemeanours)
3. Other Consequences of Debarment:
a) During the validity of the debarment order, no contract of any kind whatsoever shall be
placed on your firm, including your allied firms, by any Ministries/ Departments/
Attached/Subordinate offices, including autonomous bodies and CPSEs, covered
under the jurisdiction mentioned above.
b) If your firm, including your allied firms, submitted the bid before this debarment, it shall
be ignored.
c) Your firm, including your allied firms, stands removed from the list of registered/
approved contractors maintained, if any, by all entities covered by the jurisdiction
mentioned above.
260Annexure 24: Format for Debarment Order
d) Your firm's Bid Security/ Performance Security for the subject tender/ contract shall be
forfeited.
4. Jurisdiction of Debarment:
(This debarment applies to this Ministry and all its departments, attached and subordinate
offices, Public Sector Enterprises, and autonomous bodies.
OR
This debarment applies to this Ministry and all its departments, attached and subordinate
offices, Public Sector Enterprises, and autonomous bodies as an interim measure. However,
the Government of India reserves its right to extend this debarment to all its Ministries,
Departments, and their attached and subordinate offices, Public Sector Enterprises, and
autonomous bodies after following due process.)
OR
This debarment applies to the Government of India and all its Ministries and departments, their
attached and subordinate offices, Public Sector Enterprises, and autonomous bodies.)
5. Debarment Duration:
Effective immediately, your company is debarred from participating in any procurement
process of the entities covered by the jurisdiction mentioned above for a period of (six to two
years).
6. Appeal Process:
If your company wishes to appeal against this decision, you may submit an appeal within 15
days of receiving this letter. The appeal, supported by relevant evidence and addressed to the
appellate authority (….), should be sent to the undersigned using the contact details below.
7. Revocation of Debarment:
Upon completion of the debarment period, this debarment shall automatically stand revoked,
and your company may apply for registration again as per procedure.
We trust that your company shall rectify its conduct after the debarment period.
Sincerely,
(Name)
(Designation)
(Contact Information)
Annexure 1: (Details of actions/ omissions committed by the firm)
Annexure-2: (List of Allied Firms that also stand debarred)
Copy To:
1. All Allied Firms as per Annexure-2 – Your firm also stands debarred as above.
2. Ministry/ Department (or GeM-CPPP in case of debarment by DoE) for publication on
the Website
3. Circulation to Procuring Entities
261Manual for Procurement of Non-Consultancy Services, 2025
Annexure 25: Format of Declaration by the Appointed
Arbitrator
(Refer para 9.7.9-3-d,e))
(On letterhead of the Arbitrator)
1. Name
2. Contact Details:
3. I hereby certify that I have retired from (Organisation/ Unit) w.e.f. _______in______grade.
Or
I hereby certify that I am serving Officer and am presently posted as______ in grade.
Or
I hereby certify that I am currently empanelled as arbitrator by Indian Council for Arbitration
(ICA) in the category of ___________.
4. I have no past or present relationship in relation to the subject matter in dispute, whether
financial, business, professional or other kind.
Or
I have past or present relationship in relation to the subject matter in dispute, whether financial,
business, professional or other kind. The list of such interests is as under:
--------
5. I have no past or present relationship with or interest in any of the parties whether financial,
business, professional or other kind, which is likely to give rise to justifiable doubts as to my
independence or impartiality in terms of the Arbitration and Conciliation Act 1996.
Or
I have past or present relationship with or interest in any of the parties whether financial,
business, professional or other kind, which is likely to give rise to justifiable doubts as to my
independence or impartiality in terms of the Arbitration and Conciliation Act 1996. The details
of such relationship or interest are as under:
-------
6. There are no concurrent circumstances which are likely to affect my ability to devote
sufficient time to the arbitration and in particular to finish the entire arbitration within twelve
months.
Or
There are circumstances which are likely to affect my ability to devote sufficient time to the
arbitration and in particular to finish the entire arbitration within twelve months. The list of such
circumstances is as under:
---------
Signature
(Name____________)
262