Para 3.5 — CONSULT_MANUAL

CONSULT_MANUAL

2. Any supplier, contractor, or consultant that claims to have suffered or is likely to suffer loss or injury as a result of a decision/ action/ omission of the Procurement Entity may make an application for its review within a period of Five (5) days from its date, or any other time period, as 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, as 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., prequalification, 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;
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. The following is a suggested mechanism of redressal:
Manual for Procurement of Consultancy Services, Second Edition, 2025 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 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 anticompetitive 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 facilitation of travel, lodging, boarding and entertainment during official or unofficial programs) from suppliers/ contractors/ consultants/ service providers may tend to cross the limits of ethical/ occasional/ routine/ modest/ normal business practice. Officials sent to firm’s premises for inspections/ meetings may mistakenly presume entitlement to hospitality from the firm, even if other arrangements are available at the location. Hospitality must never be solicited, directly or indirectly. The frequency, scale and number of officials availing hospitality should not be allowed to identify the recipient in a public way with any particular supplier/ contractor/ consultant or raise doubts about its neutrality. It should not involve significant travel, overnight accommodation, or trips abroad. Particular care should be taken in relation to offers of hospitality from firms (say participating in current or imminent tenders or its execution) who stand to derive a personal or commercial benefit from their relationship with the recipient. 2. Gifts: Gifts from suppliers/ contractors/ consultants/ service providers may tend to cross the limits of ethical/ occasional/ routine/ modest/ normal business practice, especially on festive season. Since the value of the gift may not be known to the recipient, it may cause inadvertent violation of Conduct rules. Gifts must never be solicited, directly or indirectly. An official should not accept and retain gifts more valuable than the limit as laid down in the conduct rules. Particular care should be taken in relation to gifts from firms (say participating in current or imminent tenders or its execution) who stand to derive a personal or commercial benefit from their relationship with the recipient. Cash, gift cheques or any vouchers that may be exchanged for cash may not be accepted regardless of the amount. Any gift received inadvertently in violation of above, must immediately either be returned or else reported and deposited in Toshakhana/ Treasury. 3. Private Purchases from Official Suppliers/ contractors/ consultants/ service providers: Procuring Officials may mistakenly consider it innocuous to seek discounts in private procurements from suppliers/ contractors/ consultants/ service providers having official dealings or its associates (especially against Rate Contracts). Public purchasers must not seek or accept special facilities or discounts on private purchases (particularly same items which are being ordered officially) from contractors, suppliers/ contractors/ consultants/ service providers (including Rate Contract holders) with whom they have official dealings. 4. Sponsorship of Events: Procuring Officials may mistakenly consider it innocuous to seek financial favours (donations, advertisements for Public purchasers must never get involved in any non-official pecuniary transaction with the contractors, suppliers/ contractors/ consultants/ service providers including
Manual for Procurement of Consultancy Services, Second Edition, 2025
Risk Mitigation souvenirs, and contributions in cash or kind) in relation to sponsoring of cultural, social, charitable, religious, or sporting events, in the false belief that since he/ she is personally not benefitted, it would not be a violation of CIPP. soliciting of sponsorship for unofficial and private cultural, social, sporting, religious, charitable, or similar organisations or events from. 5. Conflict of Interest (COI): Para 3.3.3-2-a-v) above, Code of Integrity for Public Procurement has a provision on Conflict of Interest – which inter-alia states:” “… if the bidding firm or their personnel have relationships or financial or business transactions with any official of procuring entity who are directly or indirectly related to tender or execution process of contract;…” There may be dilemma regarding the officers related to the tender or execution process and if even minor routine transactions. Interpretation of Conflict of Interest would depend on the organisational structure and its unique circumstances and cannot be laid down universally. However, some illustrative examples are given below to provide context. a) Officers that can be considered to be related to the tender or execution process would depend on the organisational structure and sensitivity of their role in procurement. It may cover key officials (and any external consultants/ advisors) involved in making a recommendation, various approvals, or making a major decision at any stage in procurement – i.e., during need determination/ indenting, Tender Document preparation/ preparation of comparative tabulation; Technical and Financial evaluation of Bids; negotiation/ signing of Contract; execution of the contract; payments to the contractor. b) As an illustration – COI (actual, potential, or perceived) can arise if such officers (or his close family32) have: i. Substantial business interests in the firm33 (e.g., shares more than 0.1% of market cap), taken a loan or other financial obligation (say discounts) from the firm or its personnel33), 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.
Chapter 3: Participation of Bidders and Governance Issues
Risk Mitigation iii. Familial relationship32Error! Bookmark not defined. 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 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.

CONSULT_MANUAL

2. Any supplier, contractor, or consultant that claims to have suffered or is likely to suffer loss or injury as a result of a decision/ action/ omission of the Procurement Entity may make an application for its review within a period of Five (5) days from its date, or any other time period, as 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, as 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., prequalification, 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;
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. The following is a suggested mechanism of redressal:
Manual for Procurement of Consultancy Services, Second Edition, 2025 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 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 anticompetitive 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 facilitation of travel, lodging, boarding and entertainment during official or unofficial programs) from suppliers/ contractors/ consultants/ service providers may tend to cross the limits of ethical/ occasional/ routine/ modest/ normal business practice. Officials sent to firm’s premises for inspections/ meetings may mistakenly presume entitlement to hospitality from the firm, even if other arrangements are available at the location. Hospitality must never be solicited, directly or indirectly. The frequency, scale and number of officials availing hospitality should not be allowed to identify the recipient in a public way with any particular supplier/ contractor/ consultant or raise doubts about its neutrality. It should not involve significant travel, overnight accommodation, or trips abroad. Particular care should be taken in relation to offers of hospitality from firms (say participating in current or imminent tenders or its execution) who stand to derive a personal or commercial benefit from their relationship with the recipient. 2. Gifts: Gifts from suppliers/ contractors/ consultants/ service providers may tend to cross the limits of ethical/ occasional/ routine/ modest/ normal business practice, especially on festive season. Since the value of the gift may not be known to the recipient, it may cause inadvertent violation of Conduct rules. Gifts must never be solicited, directly or indirectly. An official should not accept and retain gifts more valuable than the limit as laid down in the conduct rules. Particular care should be taken in relation to gifts from firms (say participating in current or imminent tenders or its execution) who stand to derive a personal or commercial benefit from their relationship with the recipient. Cash, gift cheques or any vouchers that may be exchanged for cash may not be accepted regardless of the amount. Any gift received inadvertently in violation of above, must immediately either be returned or else reported and deposited in Toshakhana/ Treasury. 3. Private Purchases from Official Suppliers/ contractors/ consultants/ service providers: Procuring Officials may mistakenly consider it innocuous to seek discounts in private procurements from suppliers/ contractors/ consultants/ service providers having official dealings or its associates (especially against Rate Contracts). Public purchasers must not seek or accept special facilities or discounts on private purchases (particularly same items which are being ordered officially) from contractors, suppliers/ contractors/ consultants/ service providers (including Rate Contract holders) with whom they have official dealings. 4. Sponsorship of Events: Procuring Officials may mistakenly consider it innocuous to seek financial favours (donations, advertisements for Public purchasers must never get involved in any non-official pecuniary transaction with the contractors, suppliers/ contractors/ consultants/ service providers including
Manual for Procurement of Consultancy Services, Second Edition, 2025
Risk Mitigation souvenirs, and contributions in cash or kind) in relation to sponsoring of cultural, social, charitable, religious, or sporting events, in the false belief that since he/ she is personally not benefitted, it would not be a violation of CIPP. soliciting of sponsorship for unofficial and private cultural, social, sporting, religious, charitable, or similar organisations or events from. 5. Conflict of Interest (COI): Para 3.3.3-2-a-v) above, Code of Integrity for Public Procurement has a provision on Conflict of Interest – which inter-alia states:” “… if the bidding firm or their personnel have relationships or financial or business transactions with any official of procuring entity who are directly or indirectly related to tender or execution process of contract;…” There may be dilemma regarding the officers related to the tender or execution process and if even minor routine transactions. Interpretation of Conflict of Interest would depend on the organisational structure and its unique circumstances and cannot be laid down universally. However, some illustrative examples are given below to provide context. a) Officers that can be considered to be related to the tender or execution process would depend on the organisational structure and sensitivity of their role in procurement. It may cover key officials (and any external consultants/ advisors) involved in making a recommendation, various approvals, or making a major decision at any stage in procurement – i.e., during need determination/ indenting, Tender Document preparation/ preparation of comparative tabulation; Technical and Financial evaluation of Bids; negotiation/ signing of Contract; execution of the contract; payments to the contractor. b) As an illustration – COI (actual, potential, or perceived) can arise if such officers (or his close family32) have: i. Substantial business interests in the firm33 (e.g., shares more than 0.1% of market cap), taken a loan or other financial obligation (say discounts) from the firm or its personnel33), 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.
Chapter 3: Participation of Bidders and Governance Issues
Risk Mitigation iii. Familial relationship32Error! Bookmark not defined. 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 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.

Para 3.5 — CONSULT_MANUAL

Original Rule Text

Para 3.5 — CONSULT_MANUAL

Original Rule Text