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Para 9.4.7 - Deviation Approval | KartavyaDesk

Goods Manual

Original Rule Text

9.4.7 Approval of Acceptable Deviations Under no circumstances will the inspecting officer have the authority to modify the governing specifications, approved drawings, or approved samples during inspection without reference to the CA that approved the tender. For all cases of acceptance with deviation, the nature of deviation, along with a justification for acceptance against such deviation, should be duly documented. The CA that approved the tender should have the final decision on deviations. Deviations from the contract specifications or requirements not affecting price, quality, performance, and other terms of the contract may be allowed (with or without a nominal rebate) at the level of the CA in consultation with the user Department on the merits or nature of deviations.

What This Means

Para 9.4.7 of the Manual for Procurement of Goods, 2017, is all about handling deviations during the inspection of goods. Imagine you've ordered something, and when it arrives, it's not exactly as specified in the original order. This rule clarifies who has the power to accept these 'deviations' and under what conditions. It's crucial to understand that the inspecting officer on the ground cannot unilaterally change the original specifications or approved samples. They need to refer back to the Competent Authority (CA) who initially approved the tender.

The rule emphasizes proper documentation. If a deviation is accepted, the inspecting officer must clearly record the nature of the deviation and provide a valid reason for accepting it despite the discrepancy. The final call on whether to accept the deviation rests with the CA. However, the CA can only allow deviations that don't significantly impact the price, quality, performance, or other crucial terms of the contract. They may also consult with the user department to understand the impact of the deviation on their needs. A nominal price reduction (rebate) might be considered in some cases.

In essence, this rule ensures that deviations are handled responsibly, transparently, and with the appropriate level of authority. It protects the government's interests by preventing arbitrary changes to contracts and ensuring that the goods received still meet the essential requirements, even if they aren't perfectly identical to the original specifications.

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

Key Points

  • •Inspecting officers cannot modify specifications without CA approval.
  • •All accepted deviations must be documented with justification.
  • •The Competent Authority (CA) has the final decision on accepting deviations.
  • •Deviations affecting price, quality, or performance are generally not allowed.
  • •User Department consultation is required for deviation acceptance.

Practical Example

The Ministry of Textiles ordered 1000 cotton bales from 'SpinWell Industries' as per tender specifications approved by the Joint Secretary (JS). During inspection, the inspecting officer, Mr. Sharma, notices that the cotton bales have a slightly lower thread count than specified, but still within an acceptable range for the intended use (making uniforms). Mr. Sharma cannot unilaterally accept this deviation. He documents the deviation, its potential impact, and justifies why it might still be acceptable. He then refers the matter to the JS (the CA). The JS consults with the user department, who confirms that the slightly lower thread count won't significantly affect the uniform's durability. The JS, therefore, approves the deviation, but negotiates a 2% price reduction with SpinWell Industries to compensate for the minor discrepancy.

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 deviation significantly affects the price of the goods?▼
If the deviation significantly affects the price, quality, performance, or other crucial terms of the contract, it is unlikely to be approved. The CA will likely reject the goods and require the supplier to provide goods that meet the original specifications.
Who is considered the 'user department' in this context?▼
The 'user department' is the government department or agency that will ultimately use the procured goods or services. They are consulted to assess the impact of any deviations on their specific needs and requirements.
What kind of documentation is required for deviations?▼
The documentation should include a clear description of the deviation, the reason for the deviation, the potential impact of the deviation, and a justification for accepting the deviation despite the discrepancy. It should also include any consultations with the user department and the final decision of the CA.
Can the inspecting officer reject the goods if there is a deviation?▼
Yes, the inspecting officer can recommend rejection if the deviation is significant or if they believe it will negatively impact the quality, performance, or intended use of the goods. However, the final decision rests with the CA.
Is a price reduction always necessary when a deviation is accepted?▼
No, a price reduction (rebate) is not always necessary. It depends on the nature and impact of the deviation. If the deviation has minimal impact and doesn't affect the value of the goods, a price reduction may not be required. However, it is a common practice to negotiate a price reduction to compensate for any perceived loss in value.

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 9.4.7 of the Manual for Procurement of Goods, 2017, which authority has the power to approve modifications to governing specifications during inspection?

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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