Rule 144 — This rule outlines the fundamental principles that
Original Rule Text
Rule 144 Fundamental principles of public buying (for all procurements including procurement of works). Every authority delegated with the financial powers of procuring goods in public interest shall have the responsibility and accountability to bring efficiency, economy, and transparency in matters relating to public procurement and for fair and equitable treatment of suppliers and promotion of competition in public procurement.
The procedure to be followed in making public procurement must conform to the following yardsticks:
(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 satisfy itself that the price of the selected offer is reasonable and consistent with the quality required.
(viii) At each stage of procurement, the concerned procuring authority must place on record, in precise terms, the considerations which weighed
with it while taking the procurement decision.
(ix) A complete schedule of procurement cycle from date of issuing the tender to date of issuing the contract should be published when the tender is issued.
(x) All Ministries/Departments shall prepare Annual Procurement Plan before the commencement of the year and the same should also be placed on their website.
(xi) [Notwithstnnding anything contained in these Rules, Department of Expenditure may, by order in writing, impose restrictions, including prior registration and/ or screening, on procurement from bidders from, or bidders having commercial arrangements with an entity from, a country or countries, or a class of countries, on grounds of defence of India, or matters directly or indirectly related thereto including national security; no procurement shall be made in violation of such restrictions.]
What This Means
This rule outlines the fundamental principles that all government officers must follow when buying goods, services, or works for the public. It applies to anyone in the government who has been given the authority to make these purchases. The core idea is to ensure that all government buying is done efficiently, saves money, is open and honest, treats all potential suppliers fairly, and encourages healthy competition among them. Officers are held responsible and accountable for upholding these principles.
When you're preparing to buy something, you need to describe exactly what you need in a clear, objective way. Instead of naming a specific brand, you should describe what the item needs to *do*, its technical features, quality, and how well it should perform. You must clearly state the quality, type, and exact quantity required, making sure these specifications meet your organization's actual needs without adding unnecessary features that could lead to wasted money. Wherever possible, use national or international standards for technical specifications. It's also crucial to avoid buying more than you actually need to prevent unnecessary storage costs.
Finally, the process of inviting bids or offers from suppliers must be fair, open, and reasonable. After receiving offers, you must be completely satisfied that the chosen offer fully meets all your stated requirements. This rule emphasizes that government officers must make smart, ethical, and cost-effective purchasing decisions that benefit the public interest.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Key Points
- 1Government officers must ensure public procurement is efficient, economical, transparent, fair, and competitive.
- 2Descriptions of items to be procured must be objective, functional, generic, measurable, and explicitly avoid specific brand names.
- 3Specifications should clearly define quality, type, and quantity based on essential needs, without including superfluous features that increase cost.
- 4Technical specifications should ideally follow national or international standards, with any deviations requiring written justification.
- 5Procurement quantities must not exceed actual requirements to avoid unnecessary inventory carrying costs.
- 6The process for inviting and evaluating offers must be fair, transparent, and reasonable.
- 7The selected offer must adequately meet all stated requirements in every respect.
Practical Example
The Department of Education needs to procure 100 new interactive whiteboards for its primary schools. Ms. Priya Sharma, the Procurement Officer, is tasked with this purchase. Instead of simply stating 'Smart Board 6000 series or equivalent,' Ms. Sharma drafts the tender document with objective specifications: 'Interactive flat panel display, minimum 75-inch, 4K UHD resolution, 20-point multi-touch, integrated Android OS, built-in Wi-Fi, minimum 5-year warranty, and compatible with Windows/Mac/Chrome OS.' This generic description allows multiple manufacturers to bid, promoting competition.
Ms. Sharma ensures the quantity of 100 boards aligns precisely with the approved budget and the number of classrooms identified for upgrade, avoiding any over-ordering. She publishes the tender widely on the Government e-Marketplace (GeM) portal, ensuring a fair and transparent process for all eligible vendors. During the evaluation, her team strictly adheres to the technical and financial criteria outlined in the tender, ensuring the chosen vendor's product fully meets all specified requirements and offers the best value for money, without favoring any particular brand.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Frequently Asked Questions
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This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.