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Rule 142 - Procurement Guidelines | KartavyaDesk

GFR 2017

Original Rule Text

: - (i) The description of the subject matter of procurement to the extent practicable should - a. be objective, functional, generic and measurable and specify technical, qualitative and performance characteristics. b. not indicate a requirement for a particular trade mark, trade name or brand. (ii) the specifications in terms of quality, type etc., as also quantity of goods to be procured, should be clearly spelt out keeping in view the specific needs of the procuring organisations. The specifications so worked out should meet the basic needs of the organisation without including superfluous and non - essential features, which may result in unwarranted expenditure. (iii) Where applicable, the technical specifications shall, to the extent practicable, be based on the national technical regulations or recognized national standards or building codes, wherever such standards exist, and in their absence, be based on the relevant international standards. In case of Government of India funded projects abroad, the technical specifications may be framed based on requirements and standards of the host beneficiary Government, where such standards exist. Provided that a procuring entity may, for reasons to be recorded in writing, adopt any other technical specification. (iv) Care should also be taken to avoid purchasing quantities in excess of requirement to avoid inventory carrying costs. (v) offers should be invited following a fair, transparent and reasonable procedure. (vi) the procuring authority should be satisfied that the selected offer adequately meets the requirement in all respects. (vii)the procuring authority should

What This Means

Rule 142 of the General Financial Rules (GFR), 2017, is all about making sure the government buys things wisely and fairly. It's like a guide to help government departments get the best value for their money when they're purchasing goods. The rule emphasizes that when describing what they need to buy, departments should focus on what the item *does* and how well it performs, rather than asking for a specific brand name. This opens the door for more suppliers to compete, potentially leading to better prices and innovation.

This rule applies to all government departments and organizations that are making purchases using public funds. It affects everyone involved in the procurement process, from the person who identifies the need for a product to the person who signs the purchase order. By following Rule 142, government employees can ensure that procurement is objective, transparent, and cost-effective, ultimately benefiting the taxpayers.

The rule also stresses the importance of avoiding unnecessary features and buying only what's truly needed. It encourages the use of national and international standards for technical specifications and emphasizes the need for a fair and transparent bidding process.

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

Key Points

  • •Procurement descriptions should be objective, functional, generic, and measurable.
  • •Avoid specifying particular trademarks, trade names, or brands.
  • •Specifications should meet basic needs without superfluous features.
  • •Use national/international technical standards where applicable.
  • •Ensure fair, transparent, and reasonable procurement procedures.

Practical Example

The Ministry of Rural Development needs to purchase 500 water pumps for a rural irrigation project. Instead of specifying 'Brand X Water Pump, Model Y,' the procurement officer, Mr. Sharma, writes a specification that requires a water pump with a flow rate of at least 500 liters per minute, a minimum head of 30 meters, and a fuel efficiency rating of at least 80%. He also specifies that the pump must meet relevant Indian Standards (IS) for water pumps. This allows multiple manufacturers to bid, leading to a competitive price. After evaluating the bids, the Ministry selects a pump from 'AquaTech Solutions' that meets all the specifications at a cost of ₹25,000 per pump, saving ₹5,000 per pump compared to the previously considered 'Brand X' pump.

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

Frequently Asked Questions

What does 'objective, functional, generic, and measurable' mean in the context of procurement?▼
It means describing the required item based on its performance characteristics (functional), using standard terms (generic), in a way that can be tested and verified (measurable), and without bias towards a specific brand (objective).
Can we ever specify a particular brand name?▼
Rule 142 discourages it. However, if there's a very specific and justifiable reason (documented in writing) why only a particular brand will meet the requirements, it might be permissible. This should be an exception, not the rule.
What if there are no national or international standards for the item we need to procure?▼
In the absence of national or international standards, you should define the technical specifications clearly based on the specific needs of your organization, ensuring they are objective and measurable. Document the rationale for the chosen specifications.
How do we ensure a 'fair, transparent, and reasonable' procedure?▼
This involves advertising the tender widely, providing clear and unambiguous specifications, establishing objective evaluation criteria, ensuring equal opportunity for all bidders, and documenting all decisions made during the procurement process.
What are the consequences of not following Rule 142?▼
Not following Rule 142 can lead to allegations of favoritism, lack of transparency, and wasteful expenditure. It can also result in audit objections and disciplinary action against the responsible officials.

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 Rule 142 of GFR 2017, what characteristics should the description of the subject matter of procurement ideally possess?

Related Rules

Rule 271General Financial Rules 2017 (amended July 2024) - Rule 271 - Chapter 10Rule 109General Financial Rules 2017 (amended July 2024) - Rule 109Rule 146General Financial Rules 2017 (amended July 2024) - Rule 146 - Chapter 6Rule 169General Financial Rules 2017 (amended July 2024) - Rule 169 - Chapter 6Rule 215General Financial Rules 2017 (amended July 2024) - Rule 215 - Chapter 6

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