TMI BlogPublic Procurement (Preference to Make in India), Order 2017X X X X Extracts X X X X X X X X Extracts X X X X ..... 153 (iii) of the General Financial Rules 2017. 2. Definitions: For the purposes of this Order: 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. 'Local supplier' means a supplier or service provider whose product or service offered for procurement meets the minimum local content as prescribed under this Order or by the competent Ministries / Departments in pursuance of this order. 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. 'margin of purchase preference' means the maximum extent to which the price quoted by a local supplier may be above the Ll for the purpose of purchase preference. 'Nodal Ministry' means the Ministry or Department identified pursuant to this ord ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ollowed: i. Among all qualified bids, the lowest bid will be termed as L1. If L1 is from a local supplier, the contract will be awarded to L1. ii. If L1 is not from a local supplier, the lowest bidder among the local suppliers, will be invited to match the L1 price subject to local supplier's quoted price falling within the margin of purchase preference, and the contract shall be awarded to such local supplier subject to matching the L1 price. iii. In case such lowest eligible local supplier fails to match the L1 price, the local supplier with the next higher bid within the margin of purchase preference shall be invited to match the L1 price and so on and contract shall be awarded accordingly. In case none of the local suppliers within the margin of purchase preference matches the L1 price, then the contract may be awarded to the L1 bidder. 4. Exemption of small purchases: Notwithstanding anything contained in paragraph 3, procurements where the estimated value to be procured is less than ₹ 5 lakhs shall be exempt from this Order. However, it shall be ensured by procuring entities that procurement is not split for the purpose of avoiding the provisions ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. g. A supplier who has been debarred by any procuring entity for violation of this Order shall not be eligible for preference under this 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 under paragraph 9h below. h. The Department of Expenditure shall issue suitable instructions for the effective and smooth operation of this process, so that: i. The fact and duration of debarment for violation of this 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 cent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ner 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. 14. Powers to grant exemption and to reduce minimum local content: Ministries [Departments of Government of India and the Boards of Directors of Government companies or autonomous bodies may, by written order, a. reduce the minimum local content below the prescribed level; b. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... attaining the underlying objective of progressive indigenization 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 this 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 1 st January 2015, such policies will prevail over the provisions of this 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. Transitional provision: This Order shall not apply to any tender or procurement for which notice inviting tender or other form of procurement solicitation has been issued before the issue of this Order. (B. S. Nayak) Under Secretary to Government of India Ph 23061257 - Circular - Trade Notice - Public Notice - Instructions - Offi ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
