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Para 7.6.6 - Price Reasonableness | KartavyaDesk

Goods Manual

Original Rule Text

7.6.6 Reasonableness of Prices 1. In every recommendation of the TC for an award of contract, it must be declared that the rates recommended are reasonable. If the rates received are considered abnormally low or unreasonably high, action may be taken as per para 7.6.7 and 7.6.9, respectively, or as per para 7.6.11, reject any or all Bids; abandon/ cancel the Tender process and issue another tender for the identical or similar Goods. 2. In large value tenders, blind reliance on the cost estimate is not recommended for assessing reasonableness. More than one method of estimation of cost may be used to triangulate a reasonable price. For more details on judging the reasonableness of prices, please see para 2.1-2-f) above. 3. Where there is no estimated cost, a comparison with the Last Purchase Price (LPP - the price paid in the latest successful contract) is the basis for judging the reasonableness of rates. The following points may be kept in mind before LPP is relied upon as a basis for justifying rate reasonableness: a) The basic price, taxes, duties, transportation charges, Packing and Forwarding charges should be indicated separately, and the comparison should be on basic price. b) Where the firm holding the LPP contract has defaulted, the fact should be highlighted, and the price paid against the latest contract placed prior to the defaulting LPP contract, where supplies have been completed, should be used; c) Where the supply against the LPP contract is yet to commence, that is, delivery is not yet due, it should be taken as LPP with caution, especially if the supplier is new; the price paid against the previous contract may also be kept in view; d) Where the price indicated in the LPP is subject to variation or if it is more than a year old, the updated basic LPP as computed in case of the Price Variation Clause (PVC) may also be indicated; e) In the case of wholly imported stores, the comparison of the last purchase rate should be made with the net CIF value at the current foreign exchange rate; f) It is natural to have marginal differences in prices obtained at different cities/offices for the same item due to their different circumstances. The prices obtained are greatly influenced by quantity, delivery period, and terms of the contract; these may be kept in view, and g) Prices paid in emergencies or prices offered in a distress sale are not accurate guidelines for future use. Such purchase orders and TC proceedings should indicate that “these prices are not valid LPP for comparison in future procurement.”

What This Means

Para 7.6.6 of the Manual for Procurement of Goods, 2017, focuses on ensuring that the prices the government pays for goods are reasonable. This rule applies to all government departments and agencies involved in procurement. It essentially says that before awarding a contract, the Tender Committee (TC) must confirm that the recommended prices are fair. If the prices seem unusually low or high, the TC needs to investigate further, potentially rejecting bids or even restarting the entire tender process. The goal is to protect public funds and ensure value for money.

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

Key Points

  • The Tender Committee (TC) must declare recommended rates are reasonable before awarding a contract.
  • Abnormally low or high prices require further investigation and potential rejection of bids.
  • Blindly relying on cost estimates in large tenders is discouraged; use multiple estimation methods.
  • Last Purchase Price (LPP) is a key benchmark, but must be carefully evaluated (taxes, defaults, age of contract).
  • Prices from emergencies or distress sales are not valid for future LPP comparisons.

Practical Example

The Ministry of Electronics and Information Technology (MeitY) is procuring 5000 laptops. The TC receives bids ranging from ₹40,000 to ₹60,000 per laptop. After initial assessment, the TC finds that one bidder, 'Tech Solutions,' quoted ₹42,000, significantly lower than the others. The TC, following Para 7.6.6, investigates further. They discover that 'Tech Solutions' had a history of delayed deliveries and substandard products in previous contracts. The TC also compares the bid to the LPP, which was ₹50,000 six months ago. Considering these factors, the TC deems the ₹42,000 bid unreasonably low and potentially risky. They decide to reject the bid and proceed with the next lowest, reasonably priced bidder, ensuring the Ministry receives quality laptops on time.

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

Frequently Asked Questions

What happens if the LPP is more than a year old?
If the Last Purchase Price (LPP) is over a year old, you should update it using the Price Variation Clause (PVC) if applicable, to reflect current market conditions. This adjusted LPP should then be used for comparison.
Can we solely rely on the LPP to determine the reasonableness of prices?
While LPP is a crucial benchmark, it shouldn't be the only factor. Consider market conditions, quantity, delivery period, and other relevant terms of the contract. For large value tenders, use multiple estimation methods to triangulate a reasonable price.
What if the company with the LPP has defaulted on a previous contract?
If the firm holding the LPP contract has defaulted, highlight this fact. Use the price paid against the latest contract placed prior to the defaulting LPP contract, where supplies have been completed, as the basis for comparison.
What if there is no estimated cost for the goods we are procuring?
In the absence of an estimated cost, the Last Purchase Price (LPP) serves as the primary basis for judging the reasonableness of rates. However, carefully consider the factors outlined in Para 7.6.6 before relying solely on the LPP.
What does 'triangulate a reasonable price' mean?
Triangulating a reasonable price means using multiple methods of cost estimation (e.g., market surveys, expert opinions, LPP adjusted for inflation) to arrive at a price range that seems fair and justifiable. This reduces reliance on any single potentially flawed estimate.

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 7.6.6 of the Manual for Procurement of Goods, 2017, what declaration must the Tender Committee (TC) make in every recommendation for awarding a contract?

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