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Para 4.17 - E-Procurement Exemptions | KartavyaDesk

Goods Manual

Original Rule Text

in the same tender. Sub-paras 4), 5) and 6) below allow exemptions in specific situations mentioned therein, from e-Procurement, in cases where it is not convenient or feasible. 4. In Global Tender Enquiry (by any mode – Open Tender, Limited Tender or Single Tender), e-procurement may not be mandatorily insisted upon; however, e-publishing would still be mandatory. (refer to para 4.3.1 above). 5. In individual cases where national security and strategic considerations demand confidentiality, Ministries/ Departments may exempt such cases from e-procurement after seeking the approval of the concerned Secretary and with the concurrence of Financial Advisers. In case of tenders floated by Indian Missions and CPSE units abroad, the Competent Authority for deciding the tender may exempt such cases from e-procurement. 6. The National Informatics Centre (NIC) has an e-Procurement portal called Government eProcurement of NIC (GePNIC). There are other service providers in the Public Sector (e.g., MSTC) and Private sector that can be utilized for e-procurement. Details about the process of e-procurement are available from the service providers. Appendix 3 also gives such generic details of the e-procurement process. 7. Ministries/ Departments that do not have a large volume of procurement or carry out procurements required only for the day-to-day running of offices and have not initiated eprocurement through any other solution provided so far may use e-procurement solution developed by NIC. Other Ministries/ Departments may either use an e-procurement solution developed by NIC or engage any other service provider (GCQE79 compliant) following due process. 8. These instructions will not apply to procurements made by Ministries/ Departments through Government e-Marketplace (GeM).

What This Means

Para 4.17 of the Manual for Procurement of Goods, 2017, primarily deals with the implementation of e-procurement (electronic procurement) in government purchases. Generally, the government encourages using online platforms for transparency and efficiency. However, this rule acknowledges that e-procurement isn't always practical or feasible in every situation. It outlines specific instances where exemptions from mandatory e-procurement are allowed, while still emphasizing the importance of online publishing of tender information.

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

Key Points

  • •E-procurement is generally encouraged but not always mandatory.
  • •Global Tender Enquiries (GTEs) are exempt from mandatory e-procurement, but e-publishing is still required.
  • •Ministries/Departments can seek exemptions for procurements involving national security or strategic considerations, with approval from the Secretary and Financial Advisor.
  • •Indian Missions and CPSE units abroad can be exempted from e-procurement by their Competent Authority.
  • •Procurements through Government e-Marketplace (GeM) are exempt from these instructions.

Practical Example

The Ministry of Defence needs to procure specialized communication equipment. Due to the sensitive nature of the equipment and potential national security implications, the Secretary of Defence, after consulting with the Financial Advisor, decides to exempt the procurement from mandatory e-procurement. However, the tender notice is still published online to ensure transparency and reach a wider pool of potential suppliers. In another scenario, the Indian Embassy in France needs to procure office supplies. The Head of Mission, acting as the Competent Authority, finds that using the local procurement methods is more efficient and cost-effective than setting up an e-procurement process. Therefore, they exempt this procurement from e-procurement.

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

Frequently Asked Questions

What is e-procurement?▼
E-procurement refers to the process of purchasing goods and services electronically, typically through online platforms. It aims to increase transparency, efficiency, and reduce costs in government procurement.
Are all government procurements required to be done through e-procurement?▼
No, Para 4.17 outlines specific exemptions where e-procurement is not mandatory, such as in cases of national security or when procuring through GeM.
Who can grant exemptions from e-procurement for national security reasons?▼
The concerned Secretary of the Ministry/Department, with the concurrence of the Financial Advisor, can grant exemptions for procurements involving national security and strategic considerations.
What is GeM, and how does it relate to this rule?▼
GeM stands for Government e-Marketplace. It's a platform for government entities to procure common goods and services. Procurements made through GeM are specifically excluded from the instructions in Para 4.17.
If e-procurement is not mandatory, is there still a requirement for online publication?▼
Yes, even if e-procurement is exempted, e-publishing of the tender is generally mandatory, especially in Global Tender Enquiries (GTEs), to ensure transparency and wider participation.

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 Para 4.17 of the Manual for Procurement of Goods, 2017, which of the following is mandatory even if e-procurement is exempted in a Global Tender Enquiry?

Related Rules

Para 9.4Manual for Procurement of Goods, 2024 - Para 9.4 - Chapter 9Para 9.5.5Manual for Procurement of Goods, 2024 - Para 9.5.5 - Chapter 9Para 1.8.2Manual for Procurement of Goods, 2024 - Para 1.8.2 - Chapter 1Para 2.2.2Manual for Procurement of Goods, 2024 - Para 2.2.2 - Chapter 2Para 2.2Manual for Procurement of Goods, 2024 - Para 2.2 - Chapter 2

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