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What are all the applicable Acts to be taken care while engaging Contract Labourer
through Contractor/Service Providers in ISRO/DOS?
Central Legislation
The Contract Labour (Regulation and Abolition) Act, 1970: This is the primary
legislation governing contract labour in India. Key provisions include:
Registration: Contractors employing 20 or more contract labourers must
register with the government.
Licensing: Contractors must obtain a license for specific contracts.
Welfare Facilities: Contractors are responsible for providing essential
amenities to contract labourers (canteens, restrooms, first-aid, etc.).
Wages: Contract labourers must be paid at par with regular employees
performing similar work under the principle of 'equal pay for equal
work'.
Prohibition of Contract Labor: The Act allows the government to abolish
contract labour in certain circumstances.
The Minimum Wages Act, 1948: This ensures minimum wages are paid to
contract workers across various industries. It's crucial to comply with the
prevailing minimum wage rates.
The Payment of Wages Act, 1936: This regulates timely wage payment
and prevents unauthorized deductions.
The Employees' Provident Funds & Miscellaneous Provisions Act, 1952:
Mandates contribution to the Employees' Provident Fund (EPF) scheme
for contract labour, providing social security benefits.
The Employees' State Insurance Act, 1948: Provides for Employees' State
Insurance (ESI) coverage for contract workers in eligible establishments,
ensuring medical and other benefits.
The Workmen's Compensation Act, 1923 (now called Employees'
Compensation Act): Mandates compensation to contract workers in case
of work-related injury or death.
Inter-State Migrant Workmen (Regulation of Employment and Conditions
of Service) Act, 1979: Protects the rights of interstate migrant contract
labourers.
State-Specific Legislation
In addition to these central acts, you must be aware of relevant labor laws
prevalent in the state where the contract work is being executed. For
example, Gujarat would have specific state-level labor laws.
ISRO/DOS Specific Guidelines
ISRO/DOS may have internal policies and tender documents specifying
additional requirements for contractors in these aspects:
Labor Licenses: Ensuring contractors possess valid licenses as mandated
by the Contract Labour Act.
Record Keeping: Maintenance of attendance records, wage registers, etc.
Safety and Health: Implementation of adequate safety measures as per the
work environment.
Grievance Redressal: Procedures to address and resolve grievances of
contract labour.
Important Considerations
Drafting a note on export formalities for sending defective equipment back to the
vendor, M/s Primrose Corporation, USA, for repairs under warranty involves several
steps in compliance with existing export and customs regulations. This outline assumes
adherence to Indian export regulations and guidelines for defective goods returned for
repair:
Subject: Export Formalities for Repair and Return of Defective Equipment to M/s
Primrose Corporation, USA
Introduction:
This memo outlines the required export formalities for sending defective equipment
procured from M/s Primrose Corporation, USA, back to the vendor for necessary
repairs under warranty. The equipment, costing US $5000, was procured on FOB (Free
on Board), USA basis in November 2011 with payment terms via letter of credit. After
15 days of operation, the equipment was found to be defective within the warranty
period. The vendor has agreed to repair the equipment and requested its return to their
facilities in the USA for rectification.
Export Formalities:
Documentation Preparation:
Commercial Invoice: Prepare a detailed commercial invoice indicating the equipment's
original value, description, and the fact that it is being sent for repair under warranty.
Packing List: Include a packing list detailing the contents of the shipment.
Shipping Bill: File a shipping bill for export, specifically mentioning "Return for Repair
under Warranty" to avoid any unnecessary duties or taxes in the receiving country.
Regulatory Compliance:
GST and Customs Compliance: Ensure compliance with GST regulations for goods
returned for repair to claim any reversals if applicable. Consult with the Customs
Department to fulfil any specific requirements for goods returned for repair to ensure
smooth re-importation.
DGFT Notification: Adhere to the Directorate General of Foreign Trade (DGFT) policies
regarding the export and re-import of defective goods for repair, ensuring that the
necessary permissions are obtained.
Freight and Logistics:
Freight Forwarder Coordination: Coordinate with a reliable freight forwarder
experienced in handling export returns, ensuring they are aware of the need for
expedited handling and re-importation.
Transport Insurance: Secure transport insurance covering the equipment for its round
trip to the USA and back, safeguarding against potential loss or damage during transit.
Customs Clearance:
Letter of Undertaking (LUT): Submit a Letter of Undertaking to Customs,
declaring that the equipment will be exported for repair and re-imported within
a specified period.
Repair Declaration: Include a declaration from M/s Primrose Corporation,
confirming their commitment to repair the equipment under warranty without
additional charges.
Action Items:
Preparation of all required documentation.
Coordination with the Customs Department and DGFT.
Engagement with a freight forwarder.
Communication with M/s Primrose Corporation regarding repair logistics.
Attachments:
Commercial Invoice
Packing List
Letter of Undertaking
Repair Declaration from M/s Primrose Corporation
This draft note is intended to guide the process and should be customized based on
specific organizational procedures and updates in export regulations.
6. Are government goods insured? If so, under what circumstances Govt. goods shall be
insured?
The search did not yield direct information regarding insurance policies for
government goods or the specific circumstances under which government goods are
insured. However, based on general practices and guidelines for government
procurement and asset management, the following points can be considered:
7. Why contracts are to be legally vetted? What is the Importance of arbitration clause
in major contracts.
Contracts are legally vetted for several crucial reasons, which collectively ensure
the protection of the interests of the parties involved, compliance with applicable
laws, and the mitigation of legal and financial risks. Here's why legal vetting of
contracts is essential:
Legal Compliance: Legal vetting ensures that the contract complies with all
relevant local, national, and international laws and regulations. This helps in
avoiding legal penalties, fines, or invalidation of the contract due to non-
compliance.
Risk Management: By reviewing the terms and conditions, obligations, liabilities,
and remedies specified in the contract, legal vetting identifies potential risks and
suggests measures to mitigate them. This proactive approach helps in
minimizing the likelihood of disputes and financial losses.
Clarification of Terms: Legal vetting helps in clarifying the duties, rights, and
responsibilities of all parties involved. It ensures that the contract language is
clear, unambiguous, and leaves no room for misinterpretation, which is crucial
for the smooth execution of the contract.
Dispute Resolution Mechanisms: Legal vetting includes the review and
formulation of dispute resolution clauses, which outline the process for handling
potential disputes between the parties. This is where the importance of an
arbitration clause becomes evident.
Special Economic Zones (SEZs) are designated areas within a country that are
subject to unique economic regulations that differ from other areas in the same
country. These regulations tend to be conducive to foreign direct investment
(FDI) and trade. The primary goal of SEZs is to accelerate economic growth by
attracting foreign investments, increasing exports, and creating employment
opportunities. Below are key features and objectives of SEZs:
Preferential Policies: SEZs offer tax incentives, customs duty benefits, and more
relaxed labour regulations to attract businesses. These incentives can
significantly reduce the operational costs for companies operating within SEZs.
Infrastructure and Facilities: Governments often invest in high-quality
infrastructure within SEZs, including roads, ports, and utilities, to provide an
enabling environment for business operations. Additionally, SEZs may offer
ready-to-use office spaces, warehouses, and production facilities.
Trade Facilitation: SEZs simplify import and export procedures to reduce the
time and cost associated with trade. This includes streamlined customs
procedures, documentation, and handling processes.
Export-Oriented Growth: While SEZs may cater to both domestic and foreign
markets, they are primarily focused on boosting exports. By facilitating easier
access to global markets, SEZs contribute to a country's foreign exchange
earnings.
Innovation and Technology Transfer: SEZs are often seen as hubs for innovation
and technology transfer. They provide an ecosystem that supports research and
development (R&D), collaboration between companies, and partnerships
between businesses and academic institutions.
Employment Creation: By attracting companies to invest and operate in SEZs,
these zones create direct and indirect employment opportunities, contributing to
poverty reduction and economic development.
Regional Development: SEZs can help in the balanced regional development of a
country by attracting investments to less developed areas. This can lead to
infrastructure development and increased economic activity in these regions.
Examples and Global Presence: SEZs are a global phenomenon, found in many
countries across the world. Notable examples include Shenzhen Special
Economic Zone in China, which played a pivotal role in China's economic
reform and opening, and the Dubai International Financial Centre in the UAE,
which has become a major global financial hub.
In summary, Special Economic Zones are a strategic tool used by governments to
stimulate economic growth, enhance global trade competitiveness, and develop
infrastructure. Through favourable policies and incentives, SEZs attract
investment, technology, and talent, contributing to the broader economic
development objectives of a country.
10. Write a Short Note on Developmental order.
A Developmental Order refers to a specialized procurement process aimed at fostering
the development of indigenous capabilities or establishing a parallel source of supply
for a specific item or technology. This approach is particularly relevant in scenarios
where traditional procurement methods, such as inviting quotations, may not be viable
or sufficient to meet the strategic objectives of the purchasing entity. Here is a brief
overview:
Purpose of Developmental Order:
Indigenous Development: To encourage the development of local industries and
technologies, thereby reducing dependence on foreign suppliers.
Strategic Sourcing: To establish alternative sources of supply for critical
components or technologies, enhancing supply chain resilience and security.
Innovation Promotion: To stimulate research and innovation within the country
by providing opportunities for local firms to undertake challenging projects.
Key Features:
Single Source Procurement: Developmental orders may involve single-source
procurement, where a specific vendor is selected based on their potential to meet
the strategic objectives rather than through competitive bidding.
Consultation and Collaboration: The process typically involves close
collaboration between the purchasing entity and the supplier to jointly develop
the required item or technology.
Financial and Technical Support: The purchasing entity may provide financial
incentives, technical assistance, or other forms of support to the supplier to
facilitate the development process.
Approval Process: Given their strategic importance, developmental orders
usually require approval from high-level authorities within the purchasing
organization. Consultation with financial and technical advisors is also common
to ensure the feasibility and viability of the order.
Importance:
Capability Building: Developmental orders play a crucial role in building
domestic capabilities in critical sectors, such as defence, space exploration, and
advanced technologies.
Strategic Autonomy: By fostering local sources of supply, developmental orders
contribute to the strategic autonomy of the purchasing entity and the nation.
Economic Impact: These orders can have a significant positive impact on the
local economy by driving investment in research and development, creating
high-skilled jobs, and stimulating the growth of related industries.
In summary, developmental orders are a strategic tool used by organizations, including
government agencies and public sector units, to promote the development of
indigenous capabilities, ensure supply chain resilience, and achieve strategic objectives
in critical areas.
Cannibalization
Definition: Cannibalization in business refers to the scenario where a company's new
product or service diminishes the demand for its existing offerings. This internal
competition can lead to a redistribution of sales within the company, affecting the
revenue generated from older products without necessarily expanding the overall
market share.
Characteristics:
Internal Competition: It primarily involves products or services within the same
organization competing against each other.
Impact on Sales: Can lead to a shift in sales from older products to new ones,
potentially reducing the total sales of existing products.
Strategic Consideration: Companies might deliberately choose cannibalization as
part of their strategy to stay ahead of competitors, introduce innovations, or
refresh their product lineup.
Implications:
Can be risky if the new product does not generate enough sales to compensate
for the decline in sales of existing products.
Requires careful market analysis and strategic planning to ensure overall
business growth.
Standardization
Definition: Standardization refers to the process of establishing uniform procedures,
criteria, and specifications for products or processes to ensure consistency,
compatibility, and interoperability. It aims at achieving optimal specifications that meet
industry-wide acceptance, enhancing efficiency, quality, and safety.
Characteristics:
Implications:
Definition: Bonded stores refer to secure storage areas within a retail outlet, facility, or a
specific section of a larger operation, where dutiable goods are kept under customs
control. These goods have not yet had their respective import duties and taxes paid.
Bonded stores are commonly found within international airports, seaports, or within
establishments that cater to international travellers.
Characteristics:
Controlled Access: Access to bonded stores is restricted and closely monitored by
customs authorities to prevent unauthorized removal of goods.
Dutiable Goods: Stores primarily contain goods on which duties are not yet paid and
will only be paid upon their sale or consumption within the country.
Location: Typically located within the premises of businesses involved in the sale or
provision of goods to international travellers, such as duty-free shops.
Implications:
Allows retailers and service providers to defer the payment of customs duties
until the goods are sold or consumed.
Provides a competitive advantage for businesses operating in international
transit areas by offering duty-free or tax-free goods to travellers.
Bonded Warehouse
Definition: A bonded warehouse is a secured building or premises for the storage of
imported goods on which the payment of duties is deferred until the goods are
removed for domestic use. These warehouses are licensed and regulated by customs
authorities and can be used to store goods for an extended period, often up to several
years.
Characteristics:
Improves cash flow for importers by delaying duty payments until goods are
sold or distributed.
Offers a strategic advantage for businesses engaged in international trade,
allowing for the storage of goods closer to potential markets without incurring
immediate duty charges.
Conclusion: While both bonded stores and bonded warehouses involve the storage of
dutiable goods under customs control with deferred duty payments, bonded stores are
typically smaller, located within retail or service provider premises, and cater to a
specific clientele. In contrast, bonded warehouses offer larger-scale storage solutions for
importers and exporters, facilitating a wide range of activities from storage to minor
manufacturing, with the flexibility of long-term storage and duty deferment for goods
intended for various markets.
16. Distinguish between FSN Analysis vs. ABC Analysis.
FSN Analysis
Definition: FSN Analysis is an inventory management technique that classifies
inventory based on the movement velocity of items. "F" stands for Fast-moving, "S" for
Slow-moving, and "N" for Non-moving. This classification helps businesses understand
the consumption pattern of inventory items over a certain period and manage stock
levels more effectively.
Characteristics:
Reduces delays and costs associated with customs clearance for compliant
businesses.
Encourages compliance and integrity in trade practices among importers and
exporters.
RED Channel
Definition: The Red Channel, in contrast, is designated for shipments that require
detailed inspection and verification by customs authorities. This channel is used for
goods considered high-risk or for shipments from entities with previous instances of
non-compliance or irregularities. The selection for the Red Channel may be random or
based on specific risk criteria established by the customs authorities.
Characteristics:
Increases the time and cost associated with customs clearance for selected
shipments.
Enhances the ability of customs authorities to prevent smuggling, fraud, and
entry of prohibited goods.
Conclusion: The distinction between Green and Red Channels is a crucial aspect of
modern customs operations, allowing authorities to balance the facilitation of legitimate
trade with the imperative of ensuring compliance and security. By directing low-risk
traffic through the Green Channel and focusing inspection efforts on higher-risk
shipments via the Red Channel, customs authorities can efficiently manage resources
and minimize disruptions to trade.
18. Distinguish between E-Auction vs. Reverse Auction
E-Auction (Electronic Auction)
Definition: Reverse auction is an online auction where the roles of buyer and
seller are reversed; the buyer posts a requirement for a product or service, and
suppliers compete to offer the lowest price, with the lowest bid winning.
Cost Reduction: Primarily used by businesses and government entities to
procure goods or services at the lowest price, contributing to significant cost
savings.
Focused on Suppliers: Encourages suppliers to compete against each other to
win contracts by offering their best prices.
Time Efficiency: Can be quicker than traditional procurement processes, as it
brings suppliers directly to the bidding process with predefined specifications.
Price Determination: The price decreases as the auction progresses, with the
focus on minimizing the purchase price for the buyer.
Conclusion: E-auction and reverse auction are both online auction mechanisms but
serve different purposes and stakeholders. E-auctions focus on maximizing the selling
price for sellers in a competitive bid environment, while reverse auctions aim at
minimizing purchase costs for buyers by encouraging suppliers to submit the lowest
bids.
19. What is the need of Physical Stock Verification? How is it conducted in ISRO
Centres and what are the objects and advantages of Physical Stock Verification?
Accuracy of Inventory Records: To confirm that the physical stock matches the
records in the inventory management system. Discrepancies can lead to issues in
procurement, production, and sales.
Financial Reporting and Compliance: Accurate inventory valuation is essential
for financial reporting and compliance with accounting standards and
regulations.
Loss Prevention: Identifying losses due to theft, damage, or wastage, and taking
corrective action.
Efficient Resource Utilization: Ensuring optimal use of resources by avoiding
overstocking or stockouts, which can affect operational efficiency.
Audit Requirements: Meeting internal and external audit requirements by
providing verifiable evidence of inventory quantities and conditions.
20. With the approval of the Department, one Purchase Order was placed on M/s.
HK Productions, London, UK for supply and installation of 2 Nos. of Colour
Photo Enlargers for GBP 2,50,000 on Ex-works basis. Payment terms: Through
Letter of Credit, a) 30% of the order value as advance against Stand-by LC, b)
50% after pre-delivery inspection by ISRO team & submission of FAT
Certificate, (c) 20% on completion of satisfactory on-site installation and
training at our Centre and upon submission -of Performance Bank Guarantee
to the amount equal to 10% value towards security for the Warranty period.
PO value includes 5% Agency Commission to M/s. Omega International on
satisfactory completion of installation and training.
Draft a Contract incorporating all clauses required for the above procurement,
detailed terms and conditions safeguarding the interest of the Organisation at
every stage, as per the DOS Purchase Procedure.
This Contract is made this [day] day of [month], [year], by and between [Your
Organization's Name], herein referred to as "the Buyer," and M/s. HK
Productions, London, UK, herein referred to as "the Seller."
1. SCOPE OF WORK
The Seller is responsible for supplying and installing 2 Nos. of Colour Photo
Enlargers at [Installation Site Address], including all necessary equipment,
software, and training services to ensure full operational capabilities as specified
in the attached Annexure A.
2. PAYMENT TERMS
As previously outlined, including advance, pre-delivery, and post-installation
payments.
3. DELIVERY TERMS
Delivery on an Ex-works basis, with responsibilities outlined.
4. BUYER AND SELLER'S RESPONSIBILITIES
Buyer: Ensures access to the installation site, timely payments as per contract, and
cooperation in scheduling inspections.
Seller: Delivers and installs the equipment by the agreed deadline, provides
training to the Buyer's personnel, and ensures compliance with the specifications.
5. TAXES & DUTIES
The Seller is responsible for paying all taxes, duties, and charges imposed outside
of India. The Buyer is responsible for all customs duties and local taxes within
India.
6. ACCEPTANCE & REJECTION
The Buyer reserves the right to inspect and test the goods within [number] days
after installation. Goods not in compliance with the specifications will be subject
to rejection and return at the Seller's expense.
7. SUBLETTING
The Seller shall not subcontract any portion of the work without the Buyer's prior
written consent.
8. PACKING & TRANSPORTATION
The Seller is responsible for ensuring that the goods are properly packed and
marked to prevent damage during transport.
9. SECURITY DEPOSIT
The Seller shall provide a security deposit equal to 10% of the contract value in the
form of a bank guarantee, to be returned after the warranty period.
10. WARRANTY
The Seller provides a [time] warranty against defects and non-compliance.
Warranty service includes repair or replacement of defective parts at the Seller's
expense.
11. PERFORMANCE BANK GUARANTEE
As previously outlined, to cover warranty security.
12. LIQUIDATED DAMAGES
For each day of delay beyond the agreed delivery and installation schedule, the
Seller shall pay liquidated damages to the Buyer, not exceeding 10% of the
contract value.
13. ARBITRATION AND JURISDICTION
Any disputes will be resolved through arbitration under the rules of the [Specify
Arbitration Body], and the jurisdiction shall be the courts of [Location].
14. TERMINATION
The Buyer may terminate the contract for cause, including but not limited to,
breach of contract terms, insolvency, or failure to deliver as specified.
15. APPLICABLE LAW
The contract shall be governed by the laws of India.
16. CONTRACT VALIDITY
This contract remains valid until all obligations have been fulfilled.
This outline incorporates the essential clauses for a comprehensive contract but
requires further customization and legal vetting to ensure it meets all specific
requirements and legal standards, especially for international transactions
involving the Government of India.
21. An imported consignment received in stores in physically in-tact condition.
After opening the consignment, it was noticed that the inside equipment
valuing Rs.25 lakhs was damaged severely and needs replacement? Basis of
Price is FOB, New York. Item being a sensitive equipment, the consignment
was insured with M/s. National Insurance Company, with the approval of the
Dept. As a Purchase & Stores Officer working in Stores, how do you initiate
action to make the loss good 100%? Describe the procedure involved in detail.
By following these steps diligently, you can navigate the complexities of dealing
with damaged imported goods, ensuring a swift and efficient resolution to the
situation while safeguarding the interests of your department.
22. Purchase Division received an indent for fabrication and supply of an equipment
worth Rs.10.00 crores (approx.) for which the technology has been developed first
time by ISRO. Considering this as a Developmental Order, describe the procedure
involved, in detail, for finalizing a Developmental Order with an Indigenous
Contractor.
Finalizing a Developmental Order, especially for equipment worth Rs.10.00 crores
developed for the first time by ISRO, involves a meticulous process to ensure that the
end product meets the specific requirements and quality standards. The procedure for
engaging with an Indigenous Contractor for such a developmental project would
typically involve the following steps:
1. Requirement Specification
Detailed Project Outline: Prepare a comprehensive document detailing the equipment
to be developed, including technical specifications, performance criteria, and any
relevant standards it must meet. This document should also outline the objectives,
expected outcomes, timelines, and milestones for the project.
Technology Transfer Agreement: If the technology developed by ISRO is proprietary, a
technology transfer agreement might be necessary to legally share this technology with
the chosen contractor.
2. Identification of Potential Contractors
Market Survey: Conduct a market survey to identify potential indigenous contractors
with the capability to undertake the development and fabrication of the specified
equipment.
Pre-qualification: Based on the market survey, pre-qualify contractors who meet the
technical, financial, and operational criteria necessary to undertake the project.
3. Request for Proposal (RFP)
Preparation and Issuance: Prepare and issue an RFP to the pre-qualified contractors,
detailing the project requirements, submission instructions, evaluation criteria, and any
terms and conditions.
Bidder Meetings: Organize meetings or workshops with potential bidders to clarify
project requirements, address queries, and ensure a clear understanding of the
development objectives and constraints.
4. Proposal Evaluation and Contractor Selection
Technical and Financial Evaluation: Evaluate the received proposals on both technical
and financial grounds. Technical evaluation should focus on the contractor’s proposed
approach, technology utilization, compliance with specifications, and innovation.
Financial evaluation should consider the cost-effectiveness of the proposals.
Selection: Select the contractor whose proposal is most advantageous to ISRO,
considering technology, cost, timeline, and past performance.
5. Contract Negotiation and Finalization
Negotiations: Negotiate terms and conditions, including but not limited to, cost,
payment schedule, intellectual property rights, confidentiality, milestones, and
deliverables.
Contract Signing: Finalize the contract for the developmental order, ensuring it includes
all negotiated terms and conditions, and have it signed by both parties.
6. Project Execution and Monitoring
Kick-off Meeting: Conduct a project kick-off meeting with the contractor to align on the
project plan, communication protocols, and reporting requirements.
Progress Monitoring: Regularly monitor the project’s progress against the agreed
milestones and timelines through progress reports, meetings, and on-site inspections,
as necessary.
Quality Assurance: Implement a quality assurance process to ensure that the
equipment being developed meets the specified standards and requirements.
7. Testing and Acceptance
Prototype Testing: On completion of the development phase, conduct thorough testing
of the prototype to verify that it meets all technical specifications and performance
criteria.
Modifications and Final Acceptance: Based on testing results, require any necessary
modifications. Conduct final acceptance testing to confirm compliance with all
requirements before formally accepting the equipment.
8. Delivery and Post-Delivery Support
Delivery: Ensure the equipment is delivered as per the contract terms, including any
agreed installation or integration support.
Warranty and Maintenance: Secure warranty terms for the equipment and arrange for
maintenance support, as necessary.
9. Documentation and Closure
Project Documentation: Collect and archive all project documentation, including
contracts, design documents, test reports, and meeting minutes.
Project Review: Conduct a project review to evaluate the outcomes, lessons learned,
and any areas for improvement.
This detailed procedure ensures that ISRO can successfully partner with an indigenous
contractor to develop and fabricate new technology, ensuring alignment with project
objectives, quality standards, and strategic goals.
23. Three Proposals for disposal of the following items received in Stores. As a
dealing PSO, how do you deal with the proposals? Explain the detailed
procedure with norms and authorities, wherever applicable?
A. Maruti SX4 vehicle procured in 2010 for Rs.7.5 lakhs met with an accident
in November 2012. It has run for 25,000 kms. Extent of damage - severe
and estimated cost of repairs is Rs.2.00 lakhs; and the mileage was 8
KMPL on the date of accident.
B. Bio-medical waste accumulated-at the-hospital located at SDSC, SHAR.
C. Hazardous batteries accumulated at Motor Transport Division, SDSC
SHAR.
D. Metal scrap accumulated at workshop valuing Rs.1.50 lakhs.
In dealing with all these proposals, ensure strict adherence to the organization's
disposal policies, financial rules, and relevant environmental and safety
regulations. Engage legal and environmental experts as necessary to ensure
compliance and mitigate risks. Transparency, fairness, and accountability
should guide the entire disposal process.
24. What are the constitutional Provisions relating to the Contracts made in exercise of
executive power of the Union or of a State?
The constitutional provisions relating to contracts made in the exercise of the
executive power of the Union or of a State in India are primarily encapsulated
in Article 299 of the Constitution of India. This article lays down the formal
requirements for contracts made by the government, ensuring legal sanctity
and binding effect. The aim is to safeguard public funds and ensure that
governmental contracts are entered into with due process.
3. Form of Contracts: Article 299(1) also mandates that the contracts must be
made in writing and signed by the authorized official. The requirement for a
contract to be in writing and duly signed is intended to provide a clear record
of the agreement and its terms, contributing to transparency and accountability.
25. What is the significant guideline issued by the CVC for more transparency in public
procurement by Government Departments? What are the advantages of it? Explain
various aspects involved in implementation of such mechanism?
The Central Vigilance Commission (CVC) has issued numerous guidelines over
the years to promote transparency in public procurement by government
departments. Some significant ones include:
1. E-Procurement:
Guidelines on Implementation of e-Procurement in Government
Departments (2006): Encourages departments to use online platforms for
tendering, bidding, and contract management, increasing accessibility
and reducing physical contact.
General Financial Rules (GFR) 2017: Mandates e-procurement for
specific procurements and encourages its wider adoption.
2. Disclosure of Information:
Guidelines on Disclosure of Information under RTI Act in Public
Procurement (2011): Provides a framework for disclosing relevant
information during procurement processes, promoting public scrutiny.
Model Tender Documents: Include specific clauses requiring disclosure
of bidder qualifications, selection criteria, and award decisions.
3. Integrity Pacts:
Framework for Implementation of Integrity Pacts in Public Procurement
Contracts (2005): Enables independent monitoring of procurement
processes by civil society organizations, deterring unethical practices.
Advantages of these guidelines:
Increased competition: Open and accessible processes attract more
bidders, potentially leading to better value for money.
Reduced corruption: Transparency minimizes opportunities for
favouritism and collusion, fostering fair competition.
Enhanced accountability: Public access to information allows for scrutiny
and holds officials accountable.
Improved efficiency: Streamlined processes through e-procurement can
save time and resources.
Implementation challenges:
Infrastructure and capacity: Government departments might lack the
technological infrastructure or trained personnel to fully implement e-
procurement.
Awareness and compliance: Ensuring officials and bidders understand
and adhere to transparency guidelines can be a challenge.
Monitoring and enforcement: Effective mechanisms are needed to
monitor adherence and address non-compliance.
Aspects involved in implementation:
Capacity building: Training officials on e-procurement platforms,
transparency principles, and data security.
Awareness campaigns: Educating bidders about the transparent process
and their rights.
Grievance redressal mechanisms: Establishing channels for addressing
complaints and concerns related to procurement processes.
Monitoring and audit: Regularly monitoring adherence to guidelines
and conducting audits to identify and address irregularities.
Overall, the CVC guidelines provide a strong foundation for promoting
transparency in public procurement. Successful implementation requires
addressing challenges and actively building capacity and awareness, ultimately
leading to more efficient, fair, and accountable public spending.
26. Which authority will handle the disputes which are beyond mutual settlement?
Briefly mention the important elements of such authority and its role?
The disputes which are beyond mutual settlement will be handled by the Law
Secretary, Department of Legal Affairs, Ministry of Law & Justice, Govt. of
India. **
28. What is meant by Inventory and explain three popular methods of Inventory
Management?
29. What are the cases to be referred to the Member for Finance for his Concurrence?
The circumstances in which the purchase case/consent or approval must be taken from
Member of Finance (MF) are as follows:
Cost savings: Consolidated contracts can leverage larger order volumes for
potential price discounts and economies of scale.
Reduced administrative burden: Managing fewer contracts saves time and
resources in procurement, contract management, and payment processing.
Streamlined processes: Standardized terms and conditions across a single
contract simplify procurement and supplier management.
Improved quality and consistency: Standardizing specifications and sourcing
from one supplier can improve product quality and service consistency.
Enhanced supplier relationships: Long-term partnerships with single
suppliers can foster collaboration and innovation.
Simplified logistics and coordination: Managing deliveries and services from
one supplier can be more efficient and cost-effective.
Advantages for the Supplier:
Increased revenue and predictability: Large contracts offer higher sales
volume and revenue stability.
Reduced administrative costs: Dealing with one major client instead of
multiple smaller ones simplifies administration.
Improved planning and production efficiency: Larger orders allow for better
production planning and potentially lower unit costs.
Stronger relationship with the department: Long-term partnerships can foster
collaboration and open new opportunities.
However, consolidation contracts also come with potential drawbacks:
Limited competition: Choosing one supplier can reduce competition and
potentially lead to higher prices.
Increased dependence: Overreliance on a single supplier can create risks like
delivery delays or quality issues.
Contract complexity: Managing large, complex contracts can be challenging,
requiring robust contract management skills.
Overall, consolidation contracts can offer significant benefits for both
departments and suppliers, but careful consideration of potential drawbacks
and thorough due diligence are crucial before implementation.
Remember: The specific advantages and disadvantages will vary depending on the size,
nature, and terms of the consolidation contract, as well as the context of your
organization and industry.
32. Distinguish between BAFO (Best and Final Offer) vs. Counter Offer
Warranties are collateral to the main purpose of a contract, while AMCs are
contracts for the maintenance and repair of goods or equipment.
Warranties are designed to protect buyers from defects in goods or services,
while AMCs are designed to ensure that goods or equipment are kept in
good working order.
Warranties may be express or implied, while AMCs are always express
contracts.
Warranty:
Definition: A manufacturer's guarantee of a product's functionality and
quality for a specific period.
Coverage: Typically covers repairs or replacements for manufacturing
defects and malfunctions within the warranty period.
Cost: Usually included in the initial purchase price of the product.
Duration: Varies depending on the product and manufacturer, typically
ranging from 3 months to 5 years.
Scope: Limited to repairs or replacements arising from product defects,
excluding wear and tear, accidental damage, or misuse.
Renewal: Not automatically renewed, requires separate purchase if
desired.
AMC:
Table Summary:
Feature Warranty AMC
Third-party service
Definition Manufacturer's guarantee
agreement
37. Department of Space (DOS) has approved for entering into a Contract with M/s
TASED, GmBH, Germany for procurement of Ka Band Radiation Cooled Linearized
Traveling Wave Tube Amplifiers with Channel Amplifiers (LCTWTAs) - 27 Nos. at a
total cost of Euro 8586500 on CIF basis. Delivery period: Milestone delivery (T0 + 17
months @ 8 units per month). Pre-Design Review (PDR), Critical Design Review
(CDR) and Factory Acceptance Test (FAT) involved. Item is covered under free
importability as per EXIM Policy. Inspection at Vendor's Premises involved at all
stages. Standard Liquidated Damages (LD) and 10% Performance Bank Guarantee
(PBG) involved. Warranty: 4 years. Payment terms: 30% advance against Bank
Guarantee along with Contract, 30% advance against Bank Guarantee on completion
of PDR, 10% advance against Bank Guarantee on CDR and Balance 30% after
shipment on ‘prorata basis through Letter of Credit (T0 = Represents the date of
signing the Contract & exchange rate is Rs.71.65 per EURO).
Draft a Contract incorporating all clauses, terms and conditions safeguarding the
interest of the Organization as per DOS Purchase Procedure.
38. One of the ISRO Centres has raised an indent with an estimated cost of Rs.600 lakhs
for procurement of various kinds of space grade Fasteners with existing qualified
known sources on LT basis. However, NAC while recommending the need as
proposed by the indenter, it was advised to qualify some more sources to have a
better competition. As a Purchase & Stores Officer, write down the action points
sequentially that are to be attended providing open access to all vendors in the
public domain and to process the file accordingly.
**Action Points for Processing the File for the Procurement of Space Grade Fasteners: **
1. **Review NAC Recommendations**:
Examine the NAC's recommendations to qualify additional sources for space
grade fasteners to enhance competition.
2. **Scrutinize the Indent**:
Review the indent raised by the ISRO Centre to ascertain the estimated cost,
quantity, technical specifications, and delivery schedule.
3. **Prepare Tender Documents**:
Draft the tender documents, encompassing technical specifications, terms and
conditions, and evaluation criteria.
Ensure compliance with the DOS Purchase Manual 2015 and other pertinent
guidelines.
4. **Publish the Tender**:
Publish the tender on the Central Public Procurement Portal (CPPP) and the
ISRO website to provide open access to all potential vendors.
Invite at least five firms, including existing qualified sources and new
potential suppliers, to participate in the tender.
5. **Receive and Evaluate Bids**:
Receive and evaluate bids submitted by the vendors.
Assess bids based on technical specifications, terms and conditions, and
evaluation criteria specified in the tender documents.
6. **Negotiate and Finalize the Contract**:
Negotiate with the successful bidder to finalize terms and conditions,
including price, delivery schedule, and payment terms.
Ensure the contract aligns with the DOS Purchase Manual 2015 and other
relevant guidelines.
7. **Qualify New Sources**:
Conduct a technical evaluation of new sources to ascertain their compliance
with quality standards and specifications.
8. **Approve the Purchase**:
Obtain the necessary approvals for the purchase from the competent
authority as per the delegation of powers.
9. **Place the Purchase Order**:
Issue a purchase order to the successful bidder and provide a Letter of Intent
(LOI).
Ensure the purchase order includes all necessary details, such as quantity,
price, delivery schedule, and payment terms.
10. **Monitor the Contract**:
Monitor the progress of the contract to ensure the supplier meets the terms
and conditions of the contract.
Take appropriate action in case of any delays or deviations.
40. Define the Inventory Control, its objects and name the two useful Inventory Control
Techniques which are suitable in a Store House where Stationery procurement will
be at large scale.
Inventory Control refers to the systematic approach to ordering, storing, and using a
company's inventory. This includes the management of raw materials, components,
and finished products, as well as warehousing and processing of such items. Effective
inventory control aims to minimize the cost of holding inventory while ensuring that
sufficient stocks are available to meet customer demand without delays or stockouts.
Both EOQ and JIT techniques require accurate demand forecasting and efficient
supplier relationships to be successful. Implementing these strategies can lead to
significant cost savings, more efficient use of storage space, and improved operational
efficiency in managing large-scale stationery procurement.
The stock items are issued to the various divisions of the ISRO Centre.
A Stock Transfer Voucher (STV) is prepared for each issue.
The STV is sent to the Accounts Department for recording.
The stock items are then transferred to the divisional stores.
The non-stock items are issued to the various divisions of the ISRO
Centre.
A Stores Receipt-cum-Issue Voucher (SRV) is prepared for each issue.
The SRV is sent to the Accounts Department for recording.
The non-stock items are then issued to the divisions.
43. What are all the applicable Acts to be taken care while engaging Contract · Labourer
through Contactors/Service providers in I SRO/DOS
The following Acts are applicable to be taken care while engaging Contract Labourer
through Contactors/Service providers in ISRO/DOS:
Compliance with these Acts is crucial for ISRO/DOS while engaging contract labour
through contractors or service providers. It not only ensures legal compliance but also
promotes fair labour practices, safety, and welfare of the contract labourers.
44. Advantages of Air Cargo consolidation
The advantages of air cargo consolidation are as follows:
Reduced costs: Air cargo consolidation can help to reduce costs by combining
multiple shipments into a single, larger shipment. This can result in lower
shipping rates and other cost savings.
Increased efficiency: Air cargo consolidation can also improve efficiency by
reducing the number of shipments that need to be handled. This can lead to
faster transit times and fewer delays.
Improved security: Air cargo consolidation can help to improve security by
reducing the number of times that are handled. This can help to reduce the risk
of theft, damage, or loss.
Environmental benefits: Air cargo consolidation can also have environmental
benefits by reducing the number of flights that are required to transport goods.
This can help to reduce emissions and other environmental impacts.
45. OPEX and COPEX Models in Indian Government Procurement
In the context of Indian government procurement plans, the terms OPEX and COPEX
are not commonly used. However, the concepts they represent are definitely relevant,
and there are similar models employed by the government. Here's a breakdown:
OPEX:
Traditional Understanding: OPEX stands for Operating Expenses. These are the
ongoing costs associated with running and maintaining an asset, such as
personnel, utilities, repairs, and subscriptions.
In Government Procurement: While not explicitly called OPEX, the Indian
government often employs models where payments are divided into recurring
costs and non-recurring costs. Recurring costs could include subscription fees for
software-as-a-service (SaaS) platforms, maintenance contracts, or payments for
leased assets, similar to the traditional OPEX concept.
COPEX:
Traditional Understanding: COPEX stands for Capital Expenditure. These are
one-time upfront costs associated with acquiring an asset, such as the purchase
price, installation, and initial training.
In Government Procurement: Similar to OPEX, the government doesn't explicitly
use the term COPEX. However, they do have processes for acquiring assets
through direct purchases, which would be analogous to COPEX. This includes
purchasing equipment, software licenses, or land.
Relevant Models in Indian Government Procurement:
Public-Private Partnerships (PPP): In PPP models, the private sector finances,
builds, and operates an asset for a certain period, after which ownership may be
transferred to the government. This can be seen as a blend of OPEX and COPEX,
with the private sector incurring upfront costs and the government paying
recurring fees for operation.
Rental Procurement: The government can also rent equipment or software
instead of purchasing it outright. This shifts the cost structure to a recurring
OPEX model.
Managed Service Agreements: For IT infrastructure or services, the government
may contract with a managed service provider (MSP) who takes care of
everything for a monthly fee. This is similar to an OPEX model.
Additional Points to Consider:
The specific models used by the government depend on various factors like the
type of procurement, budget constraints, and risk tolerance.
There's an ongoing debate about the merits of different models, with OPEX-like
models often seen as more flexible and budget-friendly in the long run.
The government is increasingly adopting outcome-based procurement, where
payment is linked to achieving specific results rather than just acquiring assets.
This can further blur the lines between traditional OPEX and COPEX models.
It's important to note that the specifics of government procurement models can
be complex and vary depending on the specific context. For more detailed
information, you can consult official government guidelines or seek advice from
experts in the field.
46. What is code of integrity for supplier/vendor in public procurement for govt. of
India.
The Government of India has established a Code of Integrity for Public Procurement to
uphold ethical standards and prevent corruption in the procurement process. This code
applies to both the government entities and the suppliers/vendors participating in
public procurement.
Prohibited Practices:
Corrupt Practice: Offering, soliciting, or accepting bribes, rewards, gifts, or any
material benefit in exchange for an unfair advantage in the procurement process
or to influence contract execution.
Fraudulent Practice: Any omission or misrepresentation that may mislead or
attempt to influence the procurement process or contract execution.
Anti-Competitive Practice: Any collusion, bid rigging, or anti-competitive
arrangement with other bidders.
Coercive Practice: Harming or threatening to harm, individuals or their property
to influence the procurement process or contract execution.
Conflict of Interest: Participating in a procurement where there is a conflict of
interest with any government official involved in the process.
Compliance Requirements:
Declaration of Integrity: Submitting a declaration in the bid documents affirming
adherence to the Code of Integrity.
Maintaining Ethical Business Practices: Implementing and maintaining an
internal code of ethics aligned with the code of integrity.
Cooperation with Investigations: Assisting in any investigation related to alleged
violations of the code.
Consequences of Violations:
Disqualification from Bidding: Being ineligible to participate in future
procurements for a specified period.
Cancellation of Contracts: Termination of existing contracts with the
government.
Blacklisting: Being banned from participating in government procurement for a
longer period.
Legal Action: Facing prosecution under relevant laws and regulations.
47. Write a short note on RMA
RMA stands for return merchandise authorization (RMA), return authorization
(RA) or return goods authorization (RGA) is a part of the process of returning a
product to receive a refund, replacement, or repair during the product's
warranty period. The purchaser of the product must contact the manufacturer
(or distributor or retailer) to obtain authorization to return the product. The
resulting RMA or RGA number must be displayed on or included in the
returned product's packaging Return to vendor (RTV) refers to the process
where goods are returned to the original vendor as opposed to the distributor.
Return merchandise authorization.
The issuance of an RMA/RGA is a key gatekeeping moment in the reverse
logistics cycle, providing the vendor with a final opportunity to diagnose and
correct the customer's problem with the product (such as improper installation
or configuration) before the customer permanently relinquishes ownership of the
product to the manufacturer, commonly referred to as a return. As returns are
costly for the vendor and inconvenient for the customer, any return that can be
prevented benefits both parties.
Return management.
Returned merchandise requires management after the return. The product has a
second life cycle after the return. An important aspect of RMA management is
learning from RMA trends to prevent further returns. RMAs may be minimized
in several ways. Adding a customer survey capability may prevent RMAs by
detecting problems in advance of returns.
Returns are sometimes minimized by reducing transaction errors prior to the
merchandise leaving the seller. Providing additional information to consumers
also reduces returns.
Return to vendor
Return to vendor (RTV) refers to the process where goods are returned to the
original vendor instead of the distributor. In many cases the RTV was originally
returned to the seller by the end consumer. While RTV transactions usually
occur between the seller and the vendor, in some instances the end consumer
returns the product directly to the vendor, sidestepping the distributor.