Para 4.3.2 — GOODS_MANUAL

2. In exceptional cases where the Ministry or Department feels that there are special reasons for inviting GTE for tenders below such limit (including those in SLTE/ LTE mode or on a Single Tender basis), it may record its detailed justification and seek prior approval for relaxation from the Competent Authority specified by the Department of Expenditure.

a) The agencies/subordinate offices under the administrative control of a Ministry/Department that require to float a Global Tender Enquiry (GTE) for procurement of certain products/items/services shall submit their applications and comments online through the GTE Portal under the e-Samiksha platform via https://esamiksha.gov.in/GTE_NFEProposalForm.aspx OR https://cabsec.gov.in/more/globaltenderenquiryproposal/ starting from 5th May 2022 and no physical application will be received. b) 'GTE portal', a user-friendly IT application under the e-Samiksha platform, was developed by Cabinet Secretariate60. For more details on this process, please refer to GTE Guidelines on the eSamiksha portal - GTE_Guidelines.pdf (esamiksha.gov.in)

4.3.2 Restrictions on Global Tenders up to Rs 200 Crores 1. No Global Tender Enquiry (GTE) shall be invited up to Rs. 200 crores or any limit as may be prescribed by the Department of Expenditure from time to time.

3. Before sending the proposals for approval of the Global Tenders, the following is to be ensured: - a) Domestic open tender must be floated to identify the domestic manufacturers/ service providers for the items/ services for which approval is being sought for issuance of Global Tenders. If the Ministry/ Department has not floated a domestic open tender after 15.05.2020 for the items to be procured through GTE, such proposals will not be entertained. The proposal must contain the details of domestic open tenders issued after 15.05.2020. These details shall cover tender number, date of opening, number of offers received, details of offers received, reasons why domestic suppliers were not considered, etc. b) The proposal must contain details of deliberations with DPIIT/ relevant industrial bodies regarding the identification of domestic manufacturers/ service providers.

4. Exemptions/ Clarifications: Exemption for floating GTE even up to Rs. 200 Crores has been provided for the following procurements. It is emphasized that these exemptions are only from restrictions on GTE, and the local content preferences and other features of MII policy (refer to para 1.11.3) would still be applicable:

a) Procurement of specialised equipment required for research purposes and spares and consumables for such equipment for the use of Educational and Research Institutes, the Secretary of the Ministry/ Department concerned shall be the competent authority to approve the issue of Global Tender Enquiries for such requirements subject to fulfilment of conditions as laid down in sub-para 5) below. The equipment should be of a specialized nature and required for research purposes, not the routine equipment used in offices61. b) GTEs for procurement of ICT items, software and hardware such as Blade Servers, SAN storage, LAN switches, Mobile testing devices, Cloud Orchestration & system software, Network & web APTs, mobile testing tools, Integrated Backup System (IBS) etc. can be issued with the approval of Secretary concerned, instead of Secretary (Coordination), until further orders62. c) Procurements on a nomination basis as no competitive tenders are invited in the following cases inter-alia, including: i) On procurement of spare parts63 of the equipment/ Plants & Machinery, etc., on a nomination basis from Original Equipment Manufacturers (OEMs) or Original Equipment Suppliers (OES) or Original Part Manufacturers (OPMs)64. ii) On procurement of services like Annual Maintenance Contract (AMC) and auxiliary/ add-on components for existing equipment/ Plant & Machinery, etc., which are procured from OEM/ OES/ OPM on a nomination basis65.

d) Where procuring entities need to issue GTEs to fulfil contractual commitments/ obligations entered by them before 15.05.2020, i.e., a bid has been submitted by them to their clients before 15.05.2020. Similarly, procuring entities need to issue GTEs in view of existing collaboration agreements they entered with foreign suppliers before 15.05.202066. e) Based on the reference received from the Ministry of Health & Family Welfare (MoH&FW), GTE can be floated for 354 Medical Devices67 and 120 Drugs68 (placed in Annexure-31). These exemptions for Medical Devices and Drugs are provided upto 31.03.2027 till further orders. It is further clarified that: i) The machine system includes spare parts and accessories which may be procured by procuring entities together or separately. ii) Procuring entity concerned may frame the detailed technical specifications for the above devices as per their requirement. f) Projects funded by Multilateral Development Banks (MDBs like The World Bank, Asian Development Bank, etc.)/ Bilateral Funding Agencies (BFAs), where the procurement is governed by the conditions negotiated in the loan agreement and where the project executing agencies from time to time further award works to various Autonomous Bodies/ Central Public Sector Enterprises (CPSEs) etc., the Secretary of the Ministry/ Department responsible for execution of such project shall be the Competent Authority for approval for issuance of GTEs by such Autonomous Bodies/ CPSEs etc69. g) Procurement of semi-conductor equipment for the purpose of manufacturing electronics and procurements by public funded semiconductor and display fab facilities (including such facilities in Institutes of High Learning), up to 31/03/2025.70 h) GTE restriction upto Rs 200 crores is not applicable for bona-fide procurements done outside India for use outside India, by CPSEs having international operations or by Indian Missions abroad. Such entities should ensure that the bulk of procurement is done in India (and exported for their use abroad), as far as feasible, so as not only to promote Make in India but also to improve export performance.

5. Conditions relating to Sub-para 4.

(a) above Educational, Research institutions, and other units will make full efforts towards reducing imports in the following manner. This will result in substantial effects both within the institutions and through impact on the ecosystem: - a) Efforts should be made to promote technology transfer through agreements or to encourage technological collaboration with foreign manufacturing in India with the start-ups set up in Research Parks. b) Sharing and updating information about the availability of research equipment across various Indian Institutes on a single portal (the I-STEM71 portal has been developed for this purpose) so that the needy institutes can utilize those. c) Without compromising quality, Institutes should indicate alternative/ equivalent technical specifications that could suit their requirement so that there are more chances for local manufacturers to participate in the tender process. d) Regular interaction between academia and Indian industry organizations at the level of the institution about the requirement of equipment of foreign origin and for encouraging domestic manufacturing.

7. Certificates to be issued: a) Certification that locally available alternatives with equivalent specifications are not suitable for research purposes. b) The non-availability of such equipment for research purposes with nearby research institutes or within the institute. c) Certification of the requirement of proprietary items of foreign origin for research purposes (where applicable).

e) Regular requirements of proprietary/ non-proprietary research consumables may be assessed, and domestic alternatives may be explored for use. f) The Office of PSA initiates a national-level programme for indigenous development of scientific equipment. g) Without compromising quality, institutes should be flexible with specifications so that domestic manufacturers are encouraged to meet requirements.

6. Guidelines for resorting to GTE: a) Market assessment should be done by the concerned institution, as certified by the Head of the Institution. Only after no Indian manufacturer is found should a GTE be issued. b) In case no Indian manufacturer/ suppliers are found, procurement may be done through GTE, subject to compliance with provisions of GFR and the requirement of procurement through GeM. c) DEAN (R&D) or an appropriate authority within the institute will issue certificates as per sub-para 7) below before inviting GTE. As a reporting matter in the Board of Governors, such certificates should be tabled and shared with the Office of the PSA, DPIIT, and the concerned Administrative Ministry. d) The information about the procurement of equipment should be shared across various educational and research institutes through the I-STEM portal, which has already been established for this purpose by the PSA’s office. This will allow the equipment to be used by other institutions for research purposes, too. e) Analyse the equipment being procured time and again from abroad and help develop them in India by identifying potential manufacturers and providing them with technical assistance and expertise for developing the equipment. This programme will be coordinated by the Empowered Technology Group (constituted by Cabinet and chaired by the Principal Scientific Advisor (PSA). Half-yearly reports on this action are to be shared by the Institutes with the Office of the PSA, DPIIT, and concerned Administrative Ministry. f) Preference for local suppliers over foreign suppliers, as per the existing Government of India guidelines, should be observed as applicable.