Para 1.10.2 - Local Preference | KartavyaDesk
Original Rule Text
a) In case there is sufficient local capacity and competition for the item to be procured, as notified by the nodal Ministry, only Class I local suppliers shall be eligible to bid. As such, the multiple suppliers who would be awarded the contract should be all and only ‘Class I Local suppliers.’ b) In other cases, ‘Class II local suppliers’ and ‘Non-local suppliers’ may also participate in the tender process along with ‘Class I Local suppliers’ as per provisions of the Order. c) If ‘Class I Local suppliers’ qualify for the award of contract for at least 50 (fifty) per cent of the tendered quantity in any tender, the contract may be awarded to all the qualified bidders as per award criteria stipulated in the tender documents. However, in case ‘Class I Local suppliers’ do not qualify for the award of contract for at least 50 (fifty) per cent of the tendered quantity, purchase preference should be given to the ‘Class I local supplier’ over ‘Class II local suppliers’/ ‘Non-local suppliers’ provided that their quoted rate falls within 20 (twenty) per cent margin of purchase preference of the highest quoted bidder considered for award of contract so as to ensure that the ‘Class I Local suppliers’ taken in totality are considered for award of contract for at least 50 (fifty) per cent of the tendered quantity. d) The margin of purchase preference shall be 20%. Only those ‘Class-I local suppliers’ would be eligible for purchase preference whose quoted rates fall within the margin of purchase preference, subject to its meeting the prescribed criteria for award of contract as also the constraint of maximum quantity that can be sourced from any single supplier. First, purchase preference must be given to the lowest quoting eligible ‘ClassI local supplier.’ If the lowest quoting ‘Class-I local supplier’ does not qualify for purchase preference because of aforesaid constraints or does not accept the offered quantity, an opportunity may be given to the next higher eligible ‘Class-I local supplier,’ and so on. In case the quantity thus allocated to eligible ‘Class-I local suppliers’ is short of 50% of the tendered quantity, then this shortfall quantity may be distributed among all other qualified bidders as per award criteria stipulated in the tender documents. e) To avoid any ambiguity during the bid evaluation process, the procuring entities may stipulate their own tender-specific criteria for the award of contracts amongst different bidders, including the procedure for purchase preference to ‘Class-I local supplier’ within the broad policy guidelines stipulated in the sub-paras above.
What This Means
Para 1.10.2 of the Manual for Procurement of Non-Consultancy Services focuses on promoting local businesses when the government buys goods and services. It prioritizes 'Class I Local suppliers' (those with a high percentage of local content) in procurement. If there's enough local capacity and competition, only these suppliers can bid. Otherwise, 'Class II Local suppliers' and 'Non-local suppliers' can also participate.
The rule ensures that at least 50% of the contract value goes to 'Class I Local suppliers'. If they don't initially qualify for this much, a 'purchase preference' is applied. This means 'Class I Local suppliers' whose bids are within 20% of the highest bid considered can be given the contract to meet the 50% target. The rule also allows procuring entities to define their own tender-specific criteria for awarding contracts, as long as they align with the overall policy of prioritizing local suppliers.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Key Points
- •Prioritizes 'Class I Local suppliers' in government procurement.
- •Requires at least 50% of the contract value to be awarded to 'Class I Local suppliers'.
- •Provides a 'purchase preference' of 20% to 'Class I Local suppliers' if they don't initially meet the 50% target.
- •Allows procuring entities to define tender-specific award criteria within the policy guidelines.
- •Nodal Ministries can notify items where only Class I local suppliers are eligible to bid.
Practical Example
The Ministry of Electronics and Information Technology (MeitY) is procuring 1000 laptops. After evaluating the bids, 'Class I Local suppliers' qualify for only 400 laptops. The lowest bid is from a 'Non-local supplier' at ₹50,000 per laptop. A 'Class I Local supplier' has bid ₹58,000 per laptop. Since ₹58,000 is within 20% of ₹50,000 (₹50,000 + 20% of ₹50,000 = ₹60,000), the 'Class I Local supplier' is given the opportunity to supply an additional 100 laptops (to reach 50% of the total quantity). If that supplier declines, the opportunity moves to the next highest eligible Class I supplier. The remaining 500 laptops are then awarded based on the original award criteria.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Frequently Asked Questions
What is the 'margin of purchase preference'?▼
What happens if no 'Class I Local supplier' qualifies for the award of contract?▼
Can the procuring entity change the 20% margin of purchase preference?▼
What is the role of the Nodal Ministry?▼
If a Class I supplier is the lowest bidder but cannot supply the entire quantity, what happens?▼
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 1.10.2 of the Manual for Procurement of Non-Consultancy Services, under what condition are only Class I local suppliers eligible to bid?
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