Para 2.2 — GOODS_MANUAL
Original Rule Text
1. Ensures a level playing field and the widest competition; 2. Be unambiguous, precise, objective, functional, broad-based/generic, standardised (for items procured repeatedly) and measurable. TS should be broad enough to avoid restrictions on workmanship, materials and equipment commonly used in manufacturing similar kinds of goods; 3. Set out the required technical, qualitative and performance characteristics to meet just the bare essential specific needs of the procuring entity without including superfluous and nonessential features, which may result in unwarranted expenditure; 4. Normally, these standards should be based on national technical regulations or recognised national standards (Bureau of Indian Standards - BIS) or building codes, wherever such standards exist. Preference should be given to procure the goods which carry the BIS mark. In the absence of national standards, TS may be based on the relevant International standards.
Provided that an indenting authority may, for reasons to be recorded in writing, base the TS on equivalent international standards even in cases where BIS standards exist. For any deviations from Indian standards or for any additional parameters for better performance, specific reasons for deviations/modifications should be duly recorded with the approval of the CA. Where the technical parameters are only marginally different, Indian standards may be specified, and the Departmental specifications could cover only such additional details as packing, marking, inspection, and so on, as are specially required for a particular end use; 5. All dimensions incorporated in the specifications shall be indicated in metric units. If, for some unavoidable reason, dimensions in FPS units are to be mentioned, the corresponding equivalents in the metric system must also be indicated. In the case of Government of India funded projects abroad, the technical specifications may be framed based on the 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. 41 6. Make use of best practices: Examples of specifications from successful similar procurements in other organisations or sectors may provide a sound basis for drafting the TS;
2.2. Formulation of Technical Specifications (TS) 2.2.1 Value for Money and Technical Specifications: The procuring authority should ensure that specifications are developed to ensure VfM, a level playing field and wide competition in procurement [Rule 173
(ix) of GFR 2017]. The TS constitute the benchmarks against which the procuring entity will verify the technical responsiveness of bids and, subsequently, evaluate the bids. Therefore, well-defined TS will facilitate the preparation of responsive bids by bidders as well as the examination, evaluation, and comparison of the bids by the procuring entity. It would also help in ensuring the quality of the supplied goods. The procuring authority should ensure that the specification should:
7. Commensurate with VfM, avoid procurement of obsolete goods and require that all goods and materials be new, unused and of the most recent or current models and that they incorporate all recent improvements in design and materials unless provided for otherwise in the tender documents;
8. Environmental Issues, Green Procurement, Sustainable Development Goals: a) Comply with sustainability criteria and legal requirements of environment or pollution control and other mandatory and statutory regulations or internal guidelines, if any, applicable to the goods to be purchased. b) While specifying packaging requirements in the supply of Goods/ Works/ Services, the procuring entity may emphasise packaging that has minimal impact on the environment without compromising on safety and security. c) The procuring Entity may include a requirement for the Ecomark Label to the extent feasible in their Description/ Specification of the goods being procured. The Government of India has promulgated the Ecomark Certification Rules, 2023 (hereinafter called the Ecomark Rules) for labelling environmentally friendly products that meet the approved environment criteria and to ensure environmental performance of such products w.r.t. resource efficiency, circular economy and environmental impacts, in particular the impact on climate change, the impact on nature and biodiversity, generation of waste, emissions to all environmental media, pollution through physical effects and use and release of hazardous substances, thereby supporting the principles of ‘LiFE (Lifestyle for Environment)’. The objective is to encourage consumers to adopt such products and the manufacturers to transition to the production of Ecomark-certified products to promote sustainability. It shall be applicable to any product that is produced or supplied for distribution or use in the market unless otherwise excluded under the Ecomark Certification Rules. It would also prevent misleading information on the environmental aspects of products. Therefore, d) It should emphasize factors such as efficiency, optimum fuel/power consumption, use of environmentally friendly materials, reduced noise and emission levels, low maintenance cost, and so on. i) The government of India set up the Bureau of Energy Efficiency (BEE) (https://beeindia.gov.in/en) on March 1, 2002, under the provisions of the Energy Conservation Act, 2001, with the primary objective of reducing the energy intensity of the Indian economy. The Bureau initiated the Standards & Labelling Programme for equipment and appliances in 2006 to provide the consumer with an informed choice about energy saving and, thereby, the cost-saving potential of the relevant marketed product. ii) The scheme is invoked42 for 34 equipment/appliances, out of which labelling is mandatory for 11 equipment/appliances, i.e., Frost-Free Refrigerator, Stationary Storage Type Electric Water Heater, Colour Television, Room Air Conditioner (RAC - Variable Speed; Fixed Speed; Cassette; Floor Standing Tower; Ceiling; Corner), TFL, LED Lamps, Distribution Transformer, Direct Cool Refrigerator, Ceiling Fan. The other appliances are presently under the voluntary labelling phase. iii) The energy efficiency labelling programs under BEE are intended to reduce the energy consumption of appliances without diminishing the services they provide to
Appliance Threshold Star Rating Split Air conditioners 5 Star (under normal conditions where annual usages are expected to be more than 1000 Hrs) 3 Star (where usage of AC is limited, e.g., in conference rooms) Frost Free Refrigerators 4 Star Ceiling Fans 5 Star Water Heaters 5 Star
Chapter 2: Need assessment, Formulation of Specifications and Procurement Planning consumers. The higher the stars, the more efficient the appliance is. The threshold ratings prescribed by the Ministry of Finance are:
iv) The procuring Entity should try to build either the BEE Star rating, where applicable and minimum energy efficiency, where such star ratings are not yet available, into the TS (in accordance with Rule 173
(xvii) of GFR 2017). Such benchmarking illustrates the use of neutral and dependable benchmarking in the procurement of sustainable, environmentally favourable goods by way of appropriately formulated Technical Specifications. In a similar fashion, to implement sustainability goals, TS may include an Environmental Product Declaration (EPD) as defined by the International Organization for Standardization (ISO) 14025 as a Type III declaration that "quantifies environmental information on the life cycle of a product to enable comparisons between products fulfilling the same function”. Voluntary environmental standards can also be used to specify environmental sustainability criteria.
9. Discourage procurement involving evaluation of samples/ demonstration of Equipment: According to the existing guidelines on public procurement of goods, purchase in accordance with a sample or requiring demonstration of equipment should not be usually undertaken.
a) Calling for a sample along with the tender or requiring a demonstration of equipment after bid opening and deciding based on evaluation of the sample/ demonstration of equipment should NOT be done. b) In certain specifications, there may be a built-in sample clause. Usually, such clauses are stipulated to illustrate indeterminable characteristics such as shade/tone, makeup, feel, finish, workmanship, and so on. In some specifications, there may not be a sample clause, but such indeterminable characteristics are left to be agreed to between the seller and buyer. One way to procure/indigenise certain spares whose drawings/specifications are not available is to procure in accordance with an available sample of the part. In such cases, the supply must conform to an agreed reference sample only, whereas the remaining characteristics must conform to the drawings/specifications. c) However, no sample should be called for or evaluated along with the bids. If desired, three copies of the purchaser’s reference sample with seal/ label may be displayed for prospective bidders to illustrate the desired indeterminable characteristics, which final supplies from successful bidder
(s) will have to meet in addition to the specifications/drawings. If required, in addition to the purchaser’s reference sample, the provision for the submission of a pre-production sample matching the purchaser’s sample by the successful bidder
(s) may be stipulated for indeterminable characteristics before giving clearance for bulk production of the supply. On placement of the contract, one of the copies of the purchaser’s reference sample may be given to the contractor for preparing pre-production sample/ supplies, one copy to the consignee for matching with the pre-production sample/ supplies and one should be kept secure under lock and key in the sample room of the procuring entity. The Indent for items that are to be procured in accordance with a sample must be accompanied by three sealed reference samples as far as possible. Please refer to para 5.3-3-g) and 7.4.1-3 for further details. d) If a demonstration of equipment (say entirely newly developed equipment) is considered necessary, it may be planned only during the pre-bid stage, but the evaluation of tenders should not be based on this.