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Para 9.3.2 - Delay in Supplies | KartavyaDesk

Goods Manual

Original Rule Text

3. Delay in Supplies for which Supplier is not Responsible: a) In cases where there is a delay for which the supplier is not responsible, the delivery period needs to be re-fixed without imposing any penalty on the supplier (i.e., without LD and without a denial clause). Normally, in the following circumstances, the supplier may not be considered to be responsible for the delay: i) Cases where the supplier is dependent on the approval of the pre-production sample, and the delay occurs in approving the sample though submitted by the supplier in time; ii) Where extension in the delivery period is granted on account of some omission on the part of the purchaser, which affects the due performance of the contract by the supplier, iii) Cases where the purchaser controls the entire production schedule of supplier.

What This Means

Para 9.3.2 of the Manual for Procurement of Goods, 2017, deals with situations where a supplier is unable to deliver goods on time, but the delay isn't their fault. In these cases, the government department buying the goods can't penalize the supplier with Late Delivery (LD) charges or deny accepting the goods. Instead, the delivery date needs to be adjusted fairly. This rule protects suppliers from being unfairly penalized when delays are caused by factors outside their control, ensuring a smoother procurement process. It applies to all government departments and organizations following the Manual for Procurement of Goods, 2017, and affects both the purchasing department and the supplier involved in the contract.

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

Key Points

  • •Deals with delays in supply where the supplier is not responsible.
  • •Prohibits imposing Late Delivery (LD) charges or denying acceptance of goods in such cases.
  • •Requires re-fixing the delivery period without penalty to the supplier.
  • •Examples of situations where the supplier may not be responsible include delays in sample approval, purchaser's omissions, and purchaser-controlled production schedules.
  • •Aims to ensure fair treatment of suppliers and a smoother procurement process.

Practical Example

The Ministry of Electronics and Information Technology (MeitY) contracted 'Tech Solutions Pvt. Ltd.' to supply 5000 laptops by December 31st, 2024. Tech Solutions submitted a pre-production sample in October, but MeitY's technical team took until December 15th to approve it. This delay meant Tech Solutions couldn't meet the original deadline. According to Para 9.3.2, MeitY cannot impose LD charges on Tech Solutions. Instead, MeitY and Tech Solutions must agree on a revised delivery date, taking into account the time lost due to the sample approval delay. A new delivery date of January 31st, 2025, is agreed upon without any penalty to Tech Solutions.

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 supplier is partially responsible for the delay?▼
Para 9.3.2 specifically addresses situations where the supplier is *not* responsible. If the supplier is partially responsible, other clauses related to LD and contract breaches would apply, as determined by the specific contract terms.
Who decides whether the supplier is responsible for the delay or not?▼
The purchasing department, in consultation with relevant technical experts, makes the determination based on the facts and circumstances of the case. Proper documentation and communication are crucial in this process.
Does this rule apply to all types of procurement?▼
Para 9.3.2 applies to procurement of goods under the Manual for Procurement of Goods, 2017. Other procurement rules may apply to services or works contracts.
What documentation is required to invoke Para 9.3.2?▼
Documentation should include the original contract, communication regarding the delay, evidence supporting the reason for the delay (e.g., sample submission and approval dates), and the revised delivery schedule agreed upon.
Can the purchaser deny the extension of the delivery period even if the supplier is not responsible?▼
No, Para 9.3.2 mandates that the delivery period needs to be re-fixed without imposing any penalty if the supplier is not responsible for the delay. Denying the extension would be a violation of this rule.

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 9.3.2 of the Manual for Procurement of Goods, 2017, what action should a procuring entity take when a delay in supply is due to circumstances for which the supplier is not responsible?

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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