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Para 4.3 - Tender Exemptions | KartavyaDesk

WORKS_MANUAL

Original Rule Text

of national security, would be exempted from the mandatory e-publishing requirement. The decision to exempt any case on the said grounds should be approved by the Secretary of the Ministry/ Department with the concurrence of the concerned Financial Advisor. In the case of Autonomous Bodies and Statutory Bodies’ approval of the Head of the Body with the concurrence of the Head of the Finance should be obtained in each such case. Statistical information on the number of cases in which exemption was granted and the value of the concerned contract should be intimated on a Quarterly basis to the Ministry of Finance, Department of Expenditure. In order to promote wider participation and ease of bidding, no cost of tender document may be charged for the tender documents downloaded by the bidders. To ensure competition, attention of all likely tenderers, for example, enlisted vendors, past contractors and other known potential contractors, should be invited to the NIT through email/ SMSs/ letters. In e-procurement, the website may be programmed to generate these alerts automatically. In case of procurement through a limited tender, the NIT may be uploaded on CPPP Portal and Procuring Entity’s website with a note saying:

What This Means

Para 4.3 of the Works Manual outlines exceptions to mandatory e-publishing of tenders and promotes wider participation in the bidding process. It states that if publishing a tender electronically poses a threat to national security, it can be exempted. However, this exemption requires approval from high-ranking officials: the Secretary of the Ministry/Department and the Financial Advisor for regular departments, or the Head of the Body and Head of Finance for Autonomous/Statutory Bodies. The Ministry of Finance (Department of Expenditure) must receive quarterly reports detailing the number of exemptions granted and the contract values involved.

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

Key Points

  • •E-publishing of tenders is generally mandatory.
  • •Exemptions are allowed for national security reasons, with specific approval requirements.
  • •Quarterly reporting of exemptions to the Ministry of Finance is mandatory.
  • •Tender documents should be free to download to encourage wider participation.
  • •Efforts must be made to notify potential bidders through various channels (email, SMS, letters).

Practical Example

The Ministry of Defence is procuring specialized radar equipment. Publishing the tender details online could reveal sensitive information about the country's defense capabilities. The Secretary of Defence, after consulting with the Financial Advisor, approves an exemption from mandatory e-publishing, citing national security concerns. This decision, along with the contract value of ₹50 crore, is reported to the Department of Expenditure as part of the quarterly report. The tender is then issued through a limited tender process, and all enlisted vendors and known radar equipment suppliers are directly notified via email and registered post. The NIT is uploaded on CPPP Portal and the Ministry's website with a note explaining the limited tender.

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

Frequently Asked Questions

What constitutes a 'national security' concern that would justify an exemption?▼
National security concerns are determined on a case-by-case basis by the Ministry/Department, considering the potential compromise of sensitive information if the tender details were publicly available. This could include details about defense equipment, strategic infrastructure, or intelligence operations.
Who is responsible for ensuring that the quarterly reports are submitted to the Ministry of Finance?▼
The responsibility lies with the Ministry/Department or Autonomous/Statutory Body that granted the exemption. Typically, the concerned Finance division or a designated officer will be tasked with compiling and submitting the report.
What happens if a department fails to report an exemption to the Ministry of Finance?▼
Failure to report exemptions can lead to scrutiny from the Ministry of Finance and potential audit objections. It is crucial to maintain accurate records and adhere to the reporting requirements.
Is it mandatory to provide free tender documents even if the tender is not e-published?▼
Yes, the rule states that no cost of tender document may be charged for the tender documents downloaded by the bidders, regardless of whether the tender is e-published or not. This is to promote wider participation.
What channels can be used to invite potential tenderers to the NIT?▼
The rule suggests using email, SMS, and letters. For e-procurement, the website should be programmed to generate these alerts automatically. The goal is to ensure that all likely tenderers are aware of the opportunity.

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 4.3 of the Works Manual, which of the following conditions allows for exemption from the mandatory e-publishing of tenders?

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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