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Para 1.10 - MSE Preference | KartavyaDesk

Consultancy Manual

Original Rule Text

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 agree 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, and such eligible MSE bidders shall be called to match the new negotiated L1 price as per 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. 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

What This Means

Para 1.10 of the Manual for Procurement of Consultancy Services focuses on giving preference to Micro and Small Enterprises (MSEs) in government procurement. The government wants to support smaller businesses, so it mandates that at least 25% of the total value of goods and services purchased annually by government departments and PSUs should come from MSEs. This includes subcontracts given to MSEs by larger companies. This preference applies to all procurements, even after the 25% target is met, meaning you can't just earmark a few items to reach the target and ignore MSEs for everything else.

This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.

Key Points

  • Minimum 25% of annual procurement value must be from MSEs.
  • This includes subcontracts to MSEs.
  • MSE preference is mandatory for all procurements (with limited exceptions), even after the 25% target is achieved.
  • If an MSE bids within 15% of the lowest bid (L1), they have the opportunity to match the L1 price and supply up to 25% of the order.
  • Sub-targets exist within the 25% for MSEs owned by SC/ST entrepreneurs (4%) and women entrepreneurs (3%).

Practical Example

The Ministry of Rural Development is tendering for a consultancy service to evaluate a rural employment scheme. The lowest bid (L1) comes from a large consulting firm, 'Global Solutions,' at ₹1 crore. However, 'Local Experts,' an MSE, bids ₹1.1 crore, which is within 15% of Global Solutions' bid. According to Para 1.10, Local Experts is given the opportunity to match Global Solutions' price of ₹1 crore. If they agree, they can be awarded up to 25% of the consultancy work (worth ₹25 lakhs). If another MSE, 'Village Insights,' also bids within the 15% range and agrees to match the L1 price, the ₹25 lakhs would be split proportionately between Local Experts and Village Insights.

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 no MSE bids within the L1+15% range?
If no MSE bids within the L1+15% range, the procurement proceeds as usual, and the contract is awarded to the lowest bidder.
Does the 25% target apply to each individual tender or the overall annual procurement?
The 25% target is for the overall annual procurement value, not necessarily each individual tender. However, MSE preference should be given in each tender unless there are valid exemptions.
How do I identify an MSE for the purpose of this rule?
MSEs are identified based on their registration with the Udyam Registration portal or other valid registration as specified by the Ministry of Micro, Small and Medium Enterprises.
What if the tender item cannot be split?
If the tender item cannot be split, the MSE quoting a price within the band L1+15% may be awarded the full/complete supply of the total tendered value to MSE, considering the spirit of the Policy for enhancing Government procurement from MSEs.
Are there any exemptions to this rule?
Yes, there are limited exemptions. Refer to sub-para 3-c of the Manual for Procurement of Consultancy Services for a list of exemptions.

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 the Manual for Procurement of Consultancy Services, what is the minimum percentage of the annual value of goods or services that Central Government Ministries/Departments/Public Sector Undertakings shall procure from MSEs?

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