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Para 3.5.6 - Global Tenders | KartavyaDesk

WORKS_MANUAL

Original Rule Text

shall be the competent authority to approve issue of Global Tender Enquiries for such requirements subject to fulfilment of conditions as laid down in para 3.5.7 below. The equipment should be of specialized nature required for research purposes and not the routine equipment used in offices25. b) On procurement of spare parts of the equipments/ Plants & Machinery etc. on nomination basis from Original Equipments Manufacturers (OEMs) or Original Equipment Suppliers (OES) or Original Part Manufacturers (OPMs) as no competitive tenders are invited in such cases26. c) On procurement of services like Annual Maintenance Contract (AMC) and auxiliary/ add-on components for existing equipments/ Plant & Machinery etc. , which are procured from OEM/ OES/ OPM on nomination basis, as no competitive tenders are invited in such cases27. d) Where procuring entities need to issue GTEs to fulfil contractual commitments/ obligations entered by them before 15.05.2020 i.e. bid has been submitted by them to their clients before 15.05.2020. similarly, where procuring entities need to issue GTEs in view of existing collaboration agreements entered by them with foreign suppliers before 15.05.202028. e) Based on the reference received from Ministry of Health & Family Welfare, GTE can be floated for 128 Medical Devices (placed at Annexure-12). The exemptions is provided for such items till 31.03.2023. MoHFW will review domestic availability of these items at the end of 2022, keeping in view the Production Linked Incentive (PLI) scheme etc. launched by Department of Pharmaceuticals in Medical Devices and other relevant factors, in consultation with Department of Expenditure29. f) For projects funded by Multilateral Development Banks (MDBs like The World Bank, Asian Development Bank etc.)/ Bilateral Funding Agencies (BFAs), where the procurement is governed by the conditions negotiated in the loan agreement, and where the project executing agencies from time to time further award works to various Autonomous Bodies (ABs)/ Central Public Sector Enterprises (CPSEs) etc., the Secretary of the Ministry/ Department responsible for execution of such project shall be the Competent Authority for approval for issuance of GTEs by such Autonomous Bodies/ CPSEs etc30. g) Exemption to semiconductor.. 3.5.7 [Refer to para 3.5.6 (a) above]

What This Means

Para 3.5.6 of the Works Manual outlines specific situations where a government department can issue Global Tender Enquiries (GTEs). A GTE is essentially an invitation to companies worldwide to bid on a project or supply goods. Normally, the government prefers to encourage local businesses through domestic tenders. However, this rule allows for GTEs in certain exceptional cases. These cases include procuring specialized research equipment, obtaining spare parts from the original manufacturers, securing annual maintenance contracts for existing equipment, fulfilling pre-existing contractual obligations, procuring specific medical devices (under certain conditions and timelines), and for projects funded by international bodies like the World Bank or ADB where the loan agreement dictates international tendering. In these instances, the designated 'competent authority' (usually a senior official) can approve the GTE, ensuring the department gets the best possible solution even if it means looking beyond Indian borders.

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

Key Points

  • •Allows Global Tender Enquiries (GTEs) in specific circumstances.
  • •Covers specialized research equipment, OEM spare parts, and AMCs.
  • •Addresses projects funded by Multilateral Development Banks (MDBs) and Bilateral Funding Agencies (BFAs).
  • •Includes provisions for fulfilling contractual commitments made before 15.05.2020.
  • •Provides temporary exemptions for certain medical devices based on Ministry of Health & Family Welfare guidelines.

Practical Example

The National Institute of Ocean Technology (NIOT) needs a highly specialized underwater remotely operated vehicle (ROV) for deep-sea research. This ROV isn't readily available from Indian manufacturers. According to Para 3.5.6(a), the Director of NIOT, acting as the competent authority, can approve the issuance of a Global Tender Enquiry to find a suitable supplier worldwide, provided they meet the conditions outlined in Para 3.5.7. Similarly, if NIOT had a project funded by the Asian Development Bank (ADB), and the loan agreement stipulated international bidding, the Secretary of the Ministry of Earth Sciences could approve a GTE for procuring necessary equipment, as per Para 3.5.6(f).

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 a Global Tender Enquiry (GTE)?▼
A GTE is an invitation to companies worldwide to submit bids for a government project or supply goods/services. It's used when domestic options are insufficient or when international bidding is required by funding agreements.
Who is the 'competent authority' mentioned in this rule?▼
The 'competent authority' is the designated official authorized to approve the issuance of GTEs. This varies depending on the specific situation, but often it's a senior officer like a Director or Secretary of the concerned Ministry/Department.
Does this rule mean we can always issue GTEs?▼
No. This rule only applies to the specific situations outlined in Para 3.5.6, such as specialized research equipment, OEM spare parts, projects funded by MDBs/BFAs, and certain medical devices (under specific conditions). Otherwise, domestic tenders are generally preferred.
What are the conditions in Para 3.5.7 that must be fulfilled?▼
Para 3.5.7 (not provided in the original text) likely outlines specific requirements and procedures that must be followed before a GTE can be issued under Para 3.5.6(a). You should refer to Para 3.5.7 in the Works Manual for the exact details.
What happens after 31.03.2023 regarding the medical device exemption?▼
The exemption for the 128 medical devices listed in Annexure-12 was valid until 31.03.2023. The Ministry of Health & Family Welfare was scheduled to review the domestic availability of these items at the end of 2022. The future of the exemption depends on that review and any subsequent decisions made by the Department of Expenditure.

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 3.5.6 of the Works Manual, under what condition is issuing a Global Tender Enquiry (GTE) permissible for procuring spare parts?

Related Rules

Para 3.2.4Manual for Procurement of Works, 2022 - Para 3.2.4 - Chapter 3Para 3.5.13Manual for Procurement of Works, 2022 - Para 3.5.13 - Chapter 4Para 3.2.6Manual for Procurement of Works, 2022 - Para 3.2.6 - Chapter 3Para 4.10Manual for Procurement of Works, 2022 - Para 4.10 - Chapter 4Para 4.11Manual for Procurement of Works, 2022 - Para 4.11 - Chapter 4

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