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Chapter 1 - Local Content Verification | KartavyaDesk

WORKS_MANUAL

Original Rule Text

(vii) Verification of local content: a) The ‘Class-I local supplier’/ ‘Class-II local supplier’ at the time of tender, bidding or solicitation shall be required to indicate percentage of local content and provide selfcertification that the item offered meets the local content requirement for ‘Class-I local supplier’/ ‘Class-II local supplier’, as the case may be. They shall also give details of the location(s) at which the local value addition is made. b) In cases of procurement for a value in excess of Rs. 10 crores, the ‘Class-I local supplier’/ ‘Class-II local supplier’ shall be required to provide a certificate from the statutory auditor or cost auditor of the company (in the case of companies) or from a practicing cost accountant or practicing chartered accountant (in respect of suppliers other than companies) giving the percentage of local content. c) Decisions on complaints relating to implementation of this Order shall be taken by the competent authority which is empowered to look into procurement-related complaints relating to the procuring entity. d) Nodal Ministries may constitute committees with internal and external experts for independent verification of self-declarations and auditor’s/ accountant’s certificates on random basis and in the case of complaints. e) Nodal Ministries and procuring entities may prescribe fees for such complaints. f) False declarations will be in breach of the Code of Integrity under Rule 175(1)(i)(h) of the General Financial Rules for which a bidder or its successors can be debarred for up to two years as per Rule 151 (iii) of the General Financial Rules along with such other actions as may be permissible under law. g) A supplier who has been debarred by any procuring entity for violation of the Order shall not be eligible for preference under the Order for procurement by any other procuring entity for the duration of the debarment. The debarment for such other procuring entities shall take effect prospectively from the date on which it comes to the notice of other procurement entities, in the manner prescribed under paragraph (h) below. h) The Department of Expenditure shall issue suitable instructions for the effective and smooth operation of this process, so that: 1. The fact and duration of debarment for violation of the Order by any procuring entity are promptly brought to the notice of the Member-Convenor of the Standing Committee and the Department of Expenditure through the concerned Ministry /Department or in some other manner; 2. on a periodical basis such cases are consolidated and a centralized list or decentralized lists of such suppliers with the period of debarment is maintained and displayed on website(s); 3. in respect of procuring entities other than the one which has carried out the debarment, the debarment takes effect prospectively from the date of uploading

What This Means

This rule focuses on verifying how much of a product or service purchased by the government is actually made in India (local content). It aims to promote domestic manufacturing and ensure that government funds are used to support Indian industries. Suppliers are categorized as 'Class-I' or 'Class-II' based on the percentage of local content in their offerings. When bidding for government contracts, these suppliers must declare the percentage of local content and self-certify that they meet the required standards. For larger contracts (over ₹10 crores), they need to provide a certificate from an auditor confirming the local content percentage.

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

Key Points

  • Suppliers must self-certify the percentage of local content in their products/services.
  • For contracts exceeding ₹10 crores, an auditor's certificate is required to verify local content.
  • False declarations can lead to debarment from future government contracts for up to two years.
  • Nodal Ministries can conduct random verification of self-declarations and auditor's certificates.
  • A supplier debarred by one procuring entity is ineligible for preference by other entities.

Practical Example

Imagine the Ministry of Electronics and Information Technology (MeitY) is procuring 5000 laptops for its employees. M/s Bharat Electronics, a 'Class-I local supplier', bids for the contract, which is valued at ₹15 crores. As part of their bid, they declare that their laptops have 80% local content and provide a self-certification. Since the contract value exceeds ₹10 crores, M/s Bharat Electronics must also submit a certificate from their statutory auditor confirming the 80% local content. If MeitY suspects any discrepancies, they can request an independent verification by a committee of experts. If M/s Bharat Electronics is found to have made a false declaration, they could be debarred from future government contracts.

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 difference between 'Class-I local supplier' and 'Class-II local supplier'?
The classification depends on the percentage of local content in the product or service offered. The specific percentage thresholds are defined elsewhere in the guidelines.
What happens if a supplier provides a false declaration about local content?
False declarations are considered a breach of integrity and can lead to debarment from government contracts for up to two years, along with other legal actions.
Who is responsible for verifying the local content claims made by suppliers?
The procuring entity is primarily responsible. Nodal Ministries can also constitute committees for independent verification, especially in cases of complaints or random checks.
What is the role of the Department of Expenditure in this process?
The Department of Expenditure issues instructions for the smooth operation of the verification process, including procedures for notifying debarments and maintaining centralized lists of debarred suppliers.
If a supplier is debarred by one government department, can they still bid for contracts with other departments?
No, a supplier debarred by one procuring entity is ineligible for preference under the Order for procurement by any other procuring entity for the duration of the debarment. This takes effect prospectively from the date of uploading the debarment information.

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 the Works Manual, for procurements exceeding ₹10 crores, what type of certification is required from 'Class-I local suppliers' or 'Class-II local suppliers' regarding local content?

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