Para 1.10.2 - Local Content | KartavyaDesk
Original Rule Text
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 calculation of local content given above i) Imported items sourced locally from resellers/ distributors shall be excluded from 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 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/ organization/ firm for an imported product would amount to rebranding. iv) To ensure that imported items sourced locally from resellers/ distributors are excluded from 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 supply of multiple items, weighted average of all items 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 'ClassII local supplier' under this Order. 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.
What This Means
Para 1.10.2 of the Manual for Procurement of Consultancy Services defines 'Local Content' and outlines how it's calculated. Essentially, it's about figuring out how much of a product or service's value comes from work done in India. This rule is important because the government wants to encourage businesses to use Indian resources and labor. The higher the local content, the better it is for the Indian economy. It also defines different classes of local suppliers (Class-I, Class-II, and Non-Local) based on the percentage of local content they offer. These classifications impact the 'Margin of Purchase Preference', which allows Class-I suppliers to be considered even if their price is slightly higher than the lowest bid. The 'Nodal Ministry' is the specific ministry responsible for defining local content requirements for particular sectors.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Key Points
- •Local Content is the value added in India, calculated as the total value minus imported content (including duties), expressed as a percentage.
- •Certain costs like imported items from resellers, license fees/royalties paid outside India, and repackaged/refurbished/rebranded imported products are excluded from local content calculation.
- •Suppliers are classified as Class-I, Class-II, or Non-Local based on their local content percentage, affecting their eligibility for purchase preference.
- •Class-I local suppliers can have a 'Margin of Purchase Preference' (currently 20%) over the lowest bid.
- •The 'Nodal Ministry' sets specific local content requirements for different sectors.
Practical Example
The Ministry of Electronics and Information Technology (MeitY) is procuring consultancy services for developing a new e-governance platform. Two firms bid: 'Bharat Consultants' and 'Global Tech Solutions'. Bharat Consultants' bid is ₹1 crore, with ₹20 lakh spent on imported software licenses and ₹10 lakh on imported hardware sourced from a local reseller. Global Tech Solutions' bid is ₹90 lakh, with ₹40 lakh spent on imported software licenses and ₹5 lakh on imported hardware sourced directly from the manufacturer.
For Bharat Consultants, the local content is calculated as [(₹1 crore - ₹20 lakh - ₹10 lakh) / ₹1 crore] * 100 = 70%. For Global Tech Solutions, the local content is [(₹90 lakh - ₹40 lakh - ₹5 lakh) / ₹90 lakh] * 100 = 50%. Assuming the minimum local content requirement for Class-I supplier is 50%, Bharat Consultants qualifies as Class-I and Global Tech Solutions also qualifies as Class-I. Since both qualify as Class-I, the lowest bid will be selected. Global Tech Solutions will be selected.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Frequently Asked Questions
What happens if a supplier misrepresents their local content?▼
How is the 'total value' of the item determined for local content calculation?▼
What is the purpose of the 'Margin of Purchase Preference'?▼
If a product is assembled in India using imported components, does it qualify as having local content?▼
Who decides the minimum local content percentage for different procurements?▼
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Test Your Knowledge
Question 1 of 3
According to Para 1.10.2 of the Manual for Procurement of Consultancy Services, which of the following costs is EXCLUDED when calculating 'Local Content'?
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