Para 9.9.3 - Dispute Adjudication | KartavyaDesk
Original Rule Text
9.9.3 Adjudication 1. After exhausting efforts to resolve the Dispute with the Purchasing Officer executing the contract on behalf of the Procuring Entity, the contractor shall give a ‘Notice of Adjudication’ specifying the matters which are in question or subject of the dispute or difference indicating the relevant contractual clause, as also the amount of claim item-wise to Head of Procurement or any other authority mentioned in the contract (hereinafter called the “Adjudicator”) for invoking resolution of the dispute through Adjudication. 2. Where necessary, e.g. matters of high value, Procuring Entity may proceed with adjudication by a high-level committee as para 9.9.4-3-a), b)i), d) and e) below. 3. During his adjudication, the Adjudicator shall give the contractor an adequate opportunity to present his case. Within 60 days after receiving the representation, the Adjudicator shall make and notify decisions in writing on all matters referred to him. The parties shall not initiate, during the adjudication proceedings, any conciliation, arbitral or judicial proceedings in respect of a dispute that is the subject matter of the adjudication proceedings. 4. If not satisfied by the decision in adjudication, or if the adjudicator fails to notify his decision within the abovementioned time-frame, the contractor may proceed to invoke the process of Mediation as follows.
What This Means
Para 9.9.3 of the Manual for Procurement of Goods, 2017 outlines the 'Adjudication' process for resolving disputes between a contractor and the government (Procuring Entity) after initial attempts to resolve the issue with the Purchasing Officer have failed. It essentially provides a structured way for the contractor to formally present their grievance to a higher authority (the 'Adjudicator') within the government. This rule ensures a fair hearing and a written decision within a specific timeframe. It affects all contractors who have entered into a procurement contract with the government and encounter disagreements regarding the contract's execution.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Key Points
- •Contractor must first attempt resolution with the Purchasing Officer.
- •If unsuccessful, the contractor must issue a 'Notice of Adjudication' to the Head of Procurement or designated authority.
- •The Adjudicator must provide the contractor an opportunity to present their case.
- •The Adjudicator must issue a written decision within 60 days of receiving the representation.
- •During adjudication, parties cannot pursue conciliation, arbitration, or judicial proceedings on the same dispute.
Practical Example
M/s. BuildWell Constructions completed a road construction project for the Ministry of Rural Development. They believe they are owed an additional ₹50 lakhs due to unforeseen material costs and project delays caused by unexpected weather conditions. After several discussions with the Purchasing Officer, Mr. Sharma, fail to yield a resolution, BuildWell's CEO, Mr. Verma, sends a 'Notice of Adjudication' to the Head of Procurement, Mrs. Iyer, specifying the disputed amount, the relevant contract clauses, and supporting documentation. Mrs. Iyer, acting as the Adjudicator, reviews BuildWell's claim, provides them with a hearing to present their case, and within 60 days, issues a written decision either accepting, rejecting, or modifying the claim. If BuildWell is dissatisfied with Mrs. Iyer's decision, they can then proceed to Mediation.
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 Adjudicator doesn't respond within 60 days?▼
Can I take the government to court while the adjudication process is ongoing?▼
Who is the 'Adjudicator'?▼
What should be included in the 'Notice of Adjudication'?▼
Is adjudication mandatory before moving to mediation or arbitration?▼
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 9.9.3 of the Manual for Procurement of Goods, 2017, what is the first step a contractor must take before issuing a 'Notice of Adjudication'?
Related Rules
Need help understanding this rule?
Ask Niti — your AI assistant for Goods Manual and other government rules