Para 1.3 — NONCONSULT_MANUAL

1.3. Applicability of this Manual 1. This manual is applicable to the procurement of "Non-consultancy Services" (including “Outsourcing of Services”) as defined in the ‘Procurement Glossary section’. For any circumstances not covered in this manual for procurement of non-consulting services, the Procuring Entity may refer to the Manual for Procurement of Goods, 2024. (Rule 206 of GFR, 2017). For the sake of brevity, this Manual refer to some of the sections of the Goods Manual without reproducing them. 2. Procuring Entities: This Manual shall apply to all Procuring Entities covered by Rule 1 of GFR, i.e., all Central Government Ministries/Departments, attached and subordinate bodies. These provisions shall also apply, as per the same rule, to autonomous bodies except to the extent that the bye-laws of an autonomous body provide separate procurement guidelines7 that the Government has approved. 3. Statutory Bodies and CPSEs: These guidelines shall also be applicable to bodies substantially owned or controlled by or receiving substantial financial assistance from the Central Government (inter-alia, Central Public Sector Enterprises (CPSEs or undertakings, including their subsidiary companies/ Ventures); Public Sector Banks (PSBs); Public Sector Insurance Companies (PSICs); Public Sector Financial Institutions (FIs); Constitutional or Statutory Bodies, Public Academic Institutions (National/ Central institutes), and Commissions that have been created under the Constitution of India or specific legislations), except to the extent deviations7 that have been approved by their competent authority (e.g., Board of Directors) 4. Indian Missions and CPSE Units Abroad: While the applicability of the Manual in the case of Indian Missions abroad and CPSE Units abroad shall be as per sub-para 2) and 3) above, respectively – the following is clarified: a) Adopting Financial Limits/ Thresholds in Local Currency: For procurements done and for use outside India, in the host country’s local currency, Indian Missions and CPSE units abroad may adopt General Financial Rules (GFR) financial limits/ thresholds of procurements (as mentioned in this Manual at various instances, e.g., selection of mode of Procurement etc.) by using latest INR-PPP conversion rates for the local currency as published by the IMF (International Monetary Fund). For convenience, such converted limits/ thresholds may be reviewed annually. Even if the Procurement is to be done in a currency other than the local currency, the applicable financial limits/ thresholds of procurements shall be in terms of the INR-PPP conversion rate for the local currency only. If the IMF does not publish the PPP conversion rate for local currency, then the conversion may be done to the currency most relevant to that mission/ unit in consultation with the Financial Advisor.

The following illustration may be used as guidance: Financial limits in GFR are to be calculated for the Indian Mission in Bangladesh, where the relevant local currency is Bangladesh Taka (BT). Let the PPP conversion rate (as per international dollar) published by the IMF for INR and BT in a particular year be as follows: Rs. 22.947 = 1 USD = 31.98 BT The PPP-based conversion rate for BT/ INR may be calculated as 31.98/ 22.947 = 1.394. Thus, a threshold of INR. 25,00,000 (say the threshold for OTE) would be then 34,85,000 BT.

b) Exemptions: For exemptions from restrictions relating to Global Tenders, bidders from Land-border countries, and eProcurement for bona-fide procurements and use outside India by Indian Missions and CPSE Units abroad, please refer to paragraphs 4.3.2-4- g, 1.11.4-3-f(ii), and 4.17.1-4, respectively, in the Manual for Procurement of Goods, 2024.

5. Portals: GeM portal, CPPP (Central Public Procurement Portal) portal, and various such platforms of different Organisations carry out a substantial proportion of Public Procurement. Hence, the procedures for such platforms should generally conform to these ‘Procurement Guidelines.’

6. Outsourced Procurement: These procurement guidelines will continue to apply if these procuring entities outsource the procurement process, bundle it with other contractual arrangements, or utilise the services of a procurement support agency or procurement agents to carry out the Procurement on their behalf.

7. Customisation: This Manual is to be taken as generic guidelines, which are necessarily broad in nature. Subject to the observance of these generic guidelines, Procuring Entities are advised to customise these manuals, with the approval of competent authority and financial concurrence, to suit their local/specialised needs by issuing their own detailed Manuals (including customised formats); Model Tender Documents; Schedule of Procurement Powers and Checklists to serve as practical instructions for their officers and to ensure completeness of examination of cases. For procuring organisations that have their own detailed manuals or procedure orders, the initiation, authorisation, Procurement, and execution of contracts undertaken by them shall be regulated by detailed rules and orders contained in their respective regulations and by other special orders applicable to them.

8. Exemptions: These procurement guidelines would not apply to procurements by procuring entities mentioned above for their own use from their subsidiary companies, including Joint Ventures, where they have a controlling share. Moreover, by a general or special notification, the Government may permit certain ‘Procuring Entities’ mentioned in the sub-paras above, considering unique conditions under which they operate, for all or certain categories of procurement, to adopt detailed approved guidelines for procurement, which may deviate in some respects but conform with all other essential aspects of these ‘Procurement Guidelines.’

9. Procurements financed by Loans/ Grants extended by International Funding Agencies: a) For projects funded by the World Bank, Asian Development Bank, and other International Funding Agencies (IFA), the Articles of Agreement, with the approval of the Ministry of Finance, stipulate either the Indian (or State) Government’s own procurement procedures or IFA’s specific procurement procedures to be followed by the borrowers. b) These guidelines would not apply to projects funded by the World Bank using the Investment Project Financing (IPF) instrument and similar instruments of other International Funding Agencies (IFA), as stipulated under Articles of Agreement, as mentioned under sub-para-a) above. IFA’s specific procurement procedures shall be applicable as permitted under Rules 264 of GFR 2017. c) However, for the projects financed using instruments such as Program-for-Results (PforR) of the World Bank, and Results-based lending (RBL) of the Asian Development Bank, and similar instruments of other International Funding Agencies, the application of these guidelines as expressly agreed in the legal agreements shall be followed.