Iimm PP Chapter 03
Iimm PP Chapter 03
te
3
ap
h
C
D
E
V
R
Framework of Public Procurement
E
in India
S
E
R
Table of Contents
T
3.1 Introduction
H
D
3.10 Answers for Self Assessment Questions
3.11 Suggested Books and e-References
E
V
R
E
S
E
R
T
H
IG
R
Y
P
O
C
Framework of Public Procurement in India
D
3.1 INTRODUCTION
E
In the previous chapter, you studied the various methods of public procurement. You
V
also studied the functions of public procurement management along with the basis
of public procurement. The last section of the chapter discussed procurement and
R
public finance. Let us now study the public procurement framework implemented
in India.
E
The selection of appropriate suppliers, consultants, and service providers for
S
the provision of goods, works, and services is a challenging task. Just because a
supplier sounds a good choice and is offering a lucrative price, it is not a green
E
signal for signing it up. A supplier or a service provider must be selected through a
recognised public procurement procedure. Although the open competitive bidding
R
method is used as the default procedure of procurement in India, there are several
other procedures that public entities can use depending on the nature of items to be
T
In this chapter, you will learn about these different procedures of public procurement.
IG
The chapter also discusses the procurement system in India at national and
subnational levels. Finally, you will identify the public procurement legislative
framework in India and revised GFR rules 2024.
R
supplier cannot make a profit at the expense of public money. To ensure transparent
and accountable public procurement procedures, most governments and public
O
and also provides good quality. The jury is still large on that point. However, the list
of public procurement procedures that can be considered is as follows:
Open competitive bidding Electronic procurement
Restrictive bidding Spot purchase
Two-stage bidding Other methods
Single source bidding
39
Public Procurement
D
The open competitive bidding procedure is a one-stage procurement process, which
includes exclusion criteria, selection criteria, and award criteria. The process is as
E
follows:
V
1. A public agency posts an advertisement on a government portal, website, official
newspapers (at least two daily newspapers), and notice boards inviting bids for
R
public works, goods, or services.
E
2. The concerned authority prepares a bid document with a detailed objective and
coherent technical specifications.
S
3. The authority also prepares the objective evaluation criteria.
E
4. The bid document is provided to bidders, for which a fee may be charged.
R
5. All the qualified bidders are invited to participate in the bid process in an open,
transparent and fair process.
T
6. The contract is granted to the least cost supplier. Since the cost is the sole criterion,
there will be no contract negotiations.
H
This procedure not only ensures a fair and transparent bidding environment to the
suppliers but also enables public agencies to keep costs low and attract the most
IG
qualified suppliers or service providers to do the work. However, this procedure has
also been criticised for encouraging competition based on the value of money. Thus,
it is often not recommended for large and complex deals where stringent standards
R
need to be followed.
Y
The open competitive bidding procedure is best used in the following cases:
P
The bidding requirements are open and straightforward and the selection and
award processes are relatively simple.
O
Pros Cons
More competition among suppliers/service Potentially lengthy process for bid
providers to respond. This in turn leads to a evaluation due to a higher volume of
40 higher volume of responses proposals
Framework of Public Procurement in India
D
make an informed decision on bids
The absence of the pre-qualification stage
E
reduces the overall timescale of the bid process
V
N ote
R
The open competitive bidding procedure can also be implemented as a reverse
auction process. In this process, the roles of the buyer and the seller are reversed.
E
Bidding will start at a specific figure provided by the public agency. The cost will
be lowered based on the submissions received from the bidders. This process of
S
lowering the figure will continue until the closing date for the bid. The bidder
with the best price and/or offer wins the contract to perform the work and/or
E
supply the products.
R
The closing date for a bid is a specific date and time when the bid is closed to the
public for submissions of the proposals. From this point, no new submissions
T
will be accepted. Thus, the closing date establishes a level playing ground for
contractors to submit their best proposals for the project. Most contracts will
H
also have a specific start date and a time frame to complete the project. This will
ensure that the project is completed on time.
IG
meet. This approach may be used deliberately to favour specific vendors, or it might
result unintentionally from overly specific requirements. While restrictive bidding
P
can sometimes help ensure quality or compliance with precise standards, it often
raises concerns about fairness, transparency, and value for money in public or
O
In contrast to the open competitive bidding procedure, only a few companies are
invited to submit bids for a project in the restrictive bidding procedure. It is a two-
stage procedure, as follows:
1. Selection: The potential suppliers/service providers are alerted to express an
interest in a public contract opportunity by procuring and submitting a Selection
Questionnaire (SQ). This SQ will be used to specify their capability, experience
and suitability for the project. Based on the SQ, five or more suppliers/service
providers are shortlisted, which are likely to meet bidding requirements. 41
Public Procurement
Notes 2. Award: The shortlisted suppliers/service providers that meet the selection criteria
are invited to submit a bid by the specified closing date. All submitted bids are
evaluated according to the process and award criteria specified in the bid process.
The restrictive bidding procedure is used in the following cases:
In case of a large number of suppliers/service providers expected to respond to an
advertised contract notice.
In case of complex requirements along with a lengthy selection and award criteria.
D
When the nature of goods, works or services is specialised and thus favours pre-
qualified suppliers/service providers only.
E
When the time and costs for inspection and evaluation of a large number of tenders
are unequal to the value of goods, works or services to be procured
V
When there are only a few known suppliers/service providers of goods, works or
R
services, which need to be procured
E
When the bidding committee gives approvals and reasons in favour of restrictive
biding
S
Table 2 lists the pros and cons of the restrictive bidding process:
E
Table 2: Pros and Cons of Restrictive Bidding Procedure
R
Pros Cons
More manageable bidding process due to Submission of speculative Selection
the restricted number of suppliers/service Questionnaire due to unavailability of the
T
providers in the bid process full bid documentation at stage one of the
procedure
H
The two-stage bidding method is used for complex projects where information is
inadequate or impossible to provide in the initial stage. Therefore, bids are first
evaluated on the basis of technical specifications. Those bidders that clear the
technical stage will be asked to provide detailed bids with the price and financial
information in the second stage. Thus, two procedures are used in this method. This
may be a disadvantage for those procurement deals where time is of the essence
on securing a contract. However, this method provides more flexibility to both the
42 public agency and the supplier/service provider, allowing more rooms for discussion
of their mutual needs. The two stages of the two-stage bidding are as follows:
Framework of Public Procurement in India
D
iv. After the final agreement for the technical proposal is reached, the bidder is
invited to submit its financial proposal.
E
v. Further discussions are held to negotiate a contract.
V
2. Second procedure: This procedure is similar to the first procedure, except that the
R
bidder submits a partial proposal rather than a fully complete technical proposal.
The partial proposal will include the methodology and technical specifications to a
E
limited extent. This enables both the parties to discuss and customise the proposal
freely until a final agreement is reached. The highest qualified bidder, once
S
selected, is invited to submit a complete technical proposal along with a financial
proposal. The financial proposal will be opened only after a complete evaluation
E
of the technical proposal. The combined scores of both proposals will determine
R
whether the contract is awarded to the bidder.
The single source procurement is also known as the direct procurement. It is a non-
competitive bidding procedure where goods, works or services are acquired from a
P
single supplier or service provider. Therefore, there must be a strict approval process
from the management before using this method.
O
D
purchasing goods and services using digital platforms and internet-based systems. It
streamlines traditional procurement methods by enabling organisations to manage
E
supplier interactions, place orders, and handle transactions electronically. This
V
modern approach not only enhances efficiency and transparency but also reduces
paperwork, minimises errors, and fosters better compliance and cost control in both
R
public and private sector procurement activities.
E
The electronic procurement procedure aims to provide transparency in the bidding
process of all the public agencies of a government. It provides equal opportunity
S
for all suppliers to submit their bids and encourages maximum participation and
competition. The steps in the e-procurement procedure are as follows:
E
1. A supplier/service provider enrolls in the online e-procurement portal, using the
R
digital signature and applies for an e-token.
2. The supplier/service provider is provided with an e-token containing a user ID
T
and password.
H
3. The supplier/service provider can then update in advance the documents, such as
certificates and purchase order details on the portal and then attach them with the
IG
schedule and then submit a proposal after reading the selection criteria. The fee
for the bid is also paid online.
Y
5. Any clarifications from the supplier, if required, will be asked through the
e-procurement portal only, or through the contact details provided in the bid
P
document.
O
6. The bidder needs to submit the bid document (which can be more than one) online
before the prescribed closing date.
C
7. After completing the bid submission process, the bidder must freeze the bid online.
Unfrozen bids are considered as incomplete or invalid and are not considered for
evaluation.
8. Once the bidder freezes the bid, the e-procurement portal will give a successful bid
update message after all the submitted bid documents are uploaded. After the bid
is submitted, the portal will display a bid summary with the bid number, date and
44 time of the bid submission, as well as other relevant details.
Framework of Public Procurement in India
9. The bidder must print the bid summary and keep it as an acknowledgement of the Notes
bid submission process. It will also act as an entry point to participate in the bid
opening event.
D
via the spot purchase route. Spot purchases are used in the following situations:
E
The purchase is for an emergency.
The purchase is inexpensive.
V
R
The purchase is one-time or unique.
E
The purchase belongs to an unmanaged spend category.
S
The spot purchase is an unplanned bidding procedure where an end-user (not
necessarily a procurement professional) can buy a small order for one-time
E
requirement. The spot purchases are mostly performed on an immediate payment
and delivery basis. It enables buyers to quickly purchase what they need without
R
any paperwork. It also enables suppliers to win big deals with quick turnaround
times and services.
T
the e-procurement portal, which directly connects the purchases to the sellers and
suppliers for purchase. This provides a streamlined response system where users
IG
can easily get a bid and ensure compliance in the purchase process.
and time constraints. These methods aim to enhance efficiency, transparency, and
P
fairness while ensuring value for money. Depending on the nature of the goods or
services required, organisations may opt for approaches such as selective tendering,
O
Notes suppliers or service providers and asks them to provide a quote. The evaluation
committee analyses the quotes and selects the supplier or service provider that
shows maximum compliance with the requirements specified.
Request for proposals for consultant contracts: This is a widely used method in
private procurement. Sometimes, it is used in public procurement also. A Request
for Proposal (RFP) is a compelling and unique document from a consultant that
explains why its services are the best fit for a particular project or programme.
Consultants may submit RFPs in a two-envelope proposal to the public agency.
The two-envelope process allows the selection team of the public agency to
D
thoroughly review the technical proposal first. The financial proposal is sealed
in the second envelope and is only opened after the first-envelope proposal is
E
approved or rejected. This enables the procuring agency to objectively analyse the
submitted RFPs and select the best fit for the project in terms of qualification and
V
price. If a supplier offers a less qualified proposal but at a less price, then it will
R
not be selected. Only the most qualified and appropriate proposal, irrespective of
price, is usually selected in this method.
E
S elf A ssessment Q uestions
S
1. ___________ is a one-stage procurement process, which includes exclusion
criteria, selection criteria and award criteria.
E
2. _________ requires the registration of bids through e-tokens.
R
3. Restrictive bidding is a more manageable bidding procedure than open
competitive bidding. (True/False)
T
H
central government is responsible for procuring goods, works and services for all
O
government entities.
works, and services for public entities as per the legislative and/or regulatory
requirements of the country. For a decentralised system to be effective, it must be
supplemented by the following:
It has been observed in some countries that changes implemented in public Notes
procurement laws and regulations take a long time in reaching to the sub-national
levels. As a result, outdated public procurement policies continue to be followed by
public officials. This not only makes the procurement system ineffective, but casts
a doubt on the government’s resolve, intent, and image. Therefore, there needs to
be an effective interface between national and subnational procurement agencies,
which allows more effective interaction and communication between them.
D
procurement systems, has been found to provide better solutions particularly for
procurement of common and frequently used items. In this model, a government
E
agency is responsible for compiling the list of commonly used, relatively simple items
and handling their internal procurement. Some examples of hybrid procurement
V
systems with different degrees of centralised procurement are as follows:
R
General Services Administration (GSA) – The US
Hansel – Finland
E
BBG – Austria
S
Consip – Italy
E
The Office of Government Commerce (OGC) – The UK
R
There is no typical system for the implementation of a centralised procurement
system in institutions and organisations. The degree to which centralisation should
T
Public procurement plays a vital role in the effective delivery of public services and
C
The public procurement legislative and regulatory framework comprises four main 47
elements as shown in Figure 1:
Public Procurement
Notes
Contract Act,
Article 246 Procurement
1872 DFPR, 1978
Policy Division
Sales of Goods
Article 288
Act, 1930 GFRs, 2024
CVC
D
Article 298 Prevention of MSEs Order,
Corruption Act, 2012 CAG
1988
E
Article 299
Arbitration and MoF Manuals CCI
V
Conciliation Act,
Article 300 1996
Defence,
R
Railways, PWD CBI
Competition Act,
Article 300A Manuals
2002
E
CVC 2003, Merit Y RoP
Article 355
S
RTI, 2005 and PMA
E
Procurement Act
at state level
DGS&D
Manual, 1999
R
T
and state governments have the authority to procure goods and services in the
name of the President of India and the Governor of the state, respectively. They
have complete autonomy in public spending. However, there are no procurement
R
policies which are developed after considering the central legislations, such as the
Contract Act, 1872, Sale of Goods Act, 1930, Prevention of Corruption Act, 1988,
O
etc.
C
Moreover, some states such as Tamil Nadu, Karnataka, Andhra Pradesh, Assam,
and Rajasthan have passed state-specific legislation to govern procurement policies
and procedures in their respective states. Some examples are as follows:
zz Tamil Nadu Transparency in Tenders Act, 1998
zz Karnataka Transparency in Public Procurement Act, 1999
zz Rajasthan Transparency in Public Procurement Act, 2012
D
departments, such as defence and railways are also in place. In addition, the
Directorate General of Supplies and Disposals (DGS&D), the central purchase
E
organisation, has issued guidelines on procurement. The government, in 2024,
issued the Public Procurement (Preference to Make in India) Order in order to
V
grant purchase preference to local suppliers and promote local manufacturing and
production of goods and services in India.
R
Overseers: The public procurement legislative framework in India is strengthened
E
by the following agencies:
S
zz Central Vigilance Commission (CVC): This is responsible for boosting
transparency and objectivity in public procurement.
zz
E
Competition Commission of India (CCI): This checks anti-competitive
R
elements.
zz Central Bureau of Investigation (CBI): This conducts investigation and
T
GFR
MPG
R
in public procurement.
Notes e-procurement, electronic payment systems, and online bid evaluation. The revision
aimed to standardise procedures across ministries, reduce delays, and promote
competition by simplifying and streamlining procurement practices. Additionally,
the GFR 2024 placed greater emphasis on outcome-based budgeting, efficient
contract management, and improved monitoring mechanisms. By adopting global
best practices and addressing loopholes in earlier frameworks, the revised rules
have significantly impacted the way public funds are utilised and monitored across
government entities.
D
3.5.1 Introduction to Revised GFR Rules 2024
E
The introduction of the Revised GFR Rules 2024 was crucial for modernising public
financial management in India. It emphasised transparency, accountability, and
V
efficiency in government procurement and expenditure. By promoting digital
platforms and streamlined procedures, the revised rules aimed to curb corruption,
R
ensure value for money, and support good governance practices. Some of the benefits
of revised GFR rules 2024 are as follows:
E
Enhanced transparency: The revised rules establish new procurement processes
S
in e-procurement and online tendering. This instills transparency in procurement
E
through reducing human discretion. This will, thereby minimise instances of
corruption, ensuring all bidders have equal access to government procurement
R
opportunities, and strengthen the public finance systems.
Improved efficiency: The revised rules will minimise delays and redundancies
T
result of quicker contract awards, which will ultimately enhance efficiencies of all
government operations, reducing time.
IG
Promotion of digital governance: Revised GFR 2024 encourage the use of digital
mechanisms such as e-Government Procurement (e-GP) platform and represent
R
procedures for public procurement processes to ensure that procurement practices Notes
are consistent, minimise discretion, and shall uniformly grant responsibility and
accountability to all procurement processes regardless of size or dimension.
The rules are applicable not only to central government entities but also to grant-in-aid
institutions and organisations receiving substantial funding from the government.
They lay down clear procedures for various stages of procurement including planning,
bidding, evaluation, award of contract, and contract management. GFR 2024 also
encourages the use of e-procurement and GeM (Government e-Marketplace), making
procurement more accessible and tamper-proof.
D
Moreover, GFR also provides for an open public procurement environment where
E
there is, less manual intervention, standard bidding documents, bidding time frames,
and opportunities for monitoring. Thus, by applying GFR across Government of India
V
authorities, the new rules will ensure the best use of public funds consistent with
financial propriety and good governance, GFR 2024 thus becomes the foundation of
R
sound public financial management.
E
3.5.3 Key Changes in the Revised GFR 2024
S
Revised GFR 2024 introduced significant reforms to enhance transparency,
E
efficiency, and accountability in public procurement and financial management. The
key changes reflect a shift towards greater digitisation, streamlined processes, and
R
improved oversight mechanisms. Some of the key changes in revised GFR are as
follows:
T
Notes initiative to support local industries and jobs and reduce the need for dependency
on foreign suppliers to meet the government needs.
D
Emphasis on transparency and accountability: The GFR 2024 made improvements
in transparency through e-procurement and publication of tender information and
E
award announcements meant to reduce discretion, lessen corruption, and improve
V
access to procurement stakeholders, thereby increasing the confidence level of the
public in government procurement processes.
R
Introduction of Government e-Marketplace (GeM) platform: The updated rules
institutionalised the use of the GeM for common-use goods and services. This
E
reduced paperwork and enabled procurement through GeM to engage in more
S
stream lined processes than traditional procurement. These processes contributed
to cost competitiveness; greater efficiency, consistency, & dynamic monitoring in
public procurement. E
R
Encouragement to startups and MSMEs: The GFR 2024 provisions to support
procurement from startups and Micro, Small & Medium Enterprises (MSMEs).
This initiative supports local innovation, helps to develop local entrepreneurs, and
T
3.6 Summary
Competitive bidding is used for procuring goods and services. Under the open
competitive bidding, companies or suppliers submit their best proposal in response
52 to RFP and they openly compete for a specific project.
Framework of Public Procurement in India
Restrictive bidding is a two-sage bidding procedure where only a few suppliers/ Notes
service providers are invited to submit bids for a project.
The two-stage bidding method is used for complex projects where information is
inadequate or impossible to provide in the initial stage. Therefore, bids are first
evaluated on the basis of technical specifications. Those bidders that clear the
technical stage will be asked to provide detailed bids with bid price in the second
stage.
The single-source procurement is a non-competitive bidding procedure where
goods, works, or services are acquired from a single supplier or service provider.
D
The electronic procurement (e-procurement) procedure aims to bring transparency
E
in the bidding process of all the public agencies of a government. It provides
equal opportunity to all suppliers to submit their bids and encourages maximum
V
participation and competition.
R
The spot purchase is an unplanned bidding procedure where an end-user can buy
small order for one-time requirement.
E
In most countries, public procurement used to be a centralised process, which
S
was conducted mostly by the central government. However, to increase efficiency
and transparency, more and more countries around the world are increasingly
E
decentralising the procurement of public goods, works, and services to provincial,
state, or local authorities.
R
The public procurement legislative framework comprises constitutional provisions,
legislative provisions, administrative guidelines and overseers.
T
The GFR 2024 provisions to support procurement from startups and Micro, Small
H
supply or service
Amendment: A modification to a contract or other agreements
Y
seeking rival bids from various companies
C
Introduction
In India, public procurement is a critical process for government organizations and
public sector enterprises, and it involves ensuring transparency, efficiency, and
D
fairness in awarding contracts. Bharat Heavy Electricals Limited (BHEL), a prominent
state-owned enterprise in power plant equipment manufacturing, implemented a
E
public procurement framework aligned with the revised General Financial Rules
(GFR) 2024 to improve efficiency and optimize procurement processes for large-
V
scale power plant initiatives.
R
Procurement Procedures and Open Competitive Bidding
E
BHEL’s procurement framework primarily follows the open competitive bidding
S
method, ensuring that the process is transparent and encourages competition. Under
this system, the company invites tenders for various projects, such as the construction
E
of thermal power plants, ensuring that eligible companies can participate. This
process adheres to the guidelines set forth by the GFR 2024, which mandates
R
competitive bidding for procurement contracts above a specified threshold value.
qualification criteria, technical and financial evaluations, and final award of contract.
The transparent nature of this process ensures that no single supplier or vendor is
H
Two-Stage Bidding
R
bids are then evaluated in the second stage, which assesses the financial proposals.
This approach ensures that technical expertise is prioritised before considering the
O
Electronic Procurement
BHEL embraced electronic procurement (e-Procurement) to streamline its processes,
improve efficiency, and reduce the risk of corruption. The company implemented
an e-Procurement system that allows suppliers to submit bids electronically, view
tender documents, and track procurement progress in real time. This digital system
is in line with the government’s push for a paperless environment and provides a
54 platform for vendors to engage in transparent bidding without the need for physical
paperwork.
Framework of Public Procurement in India
BHEL operates at both national and subnational levels, handling procurement for
large government projects across various states. For instance, the company engages
in procurement activities for State Electricity Boards (SEBs) to set up power plants,
ensuring that procurement procedures are followed as per the guidelines laid down
by state governments and the central procurement laws. While national procurement
adheres to central government rules, subnational procurement may have additional
requirements tailored to local needs.
D
Public Procurement Legislative Framework and GFR 2024
E
BHEL’s procurement practices align with the Public Procurement Legislative
Framework, which includes the latest Revised General Financial Rules (GFR) of
V
2024. These rules emphasize the need for transparency, accountability, and fairness
in public procurement. The GFR 2024 introduced several key reforms, such as
R
ensuring that public procurement contracts must be awarded based on the best
value for money and mandating the use of e-Procurement for all contracts above a
E
certain financial threshold.
S
The revised GFR also emphasises the need for promoting domestic industries by
mandating preferences for indigenous suppliers and using the “Make in India”
E
initiative to support local manufacturing. BHEL integrates these rules into its
procurement operations by giving priority to domestic suppliers and encouraging
R
the use of advanced technology in power generation equipment.
T
Conclusion
H
adhering to the Revised GFR 2024 and focusing on both national and subnational
levels, BHEL ensures compliance with government policies while enhancing the
overall effectiveness of its large-scale procurement processes. These efforts have
R
allowed BHEL to successfully manage its complex projects and deliver high-quality
power generation solutions across India.
Y
P
Questions:
O
D
a. Spot purchase
b. Electronic procurement
E
3. What is the difference between RFP and RFQ methods?
V
4. Write a note on centralised, decentralised and hybrid procurement systems.
R
Explain their advantages and disadvantages.
5. How is the Office of Government Commerce a hybrid procurement model in the
E
UK?
S
6. Explain the public procurement framework in India.
E
3.10 ANSWERS FOR SELF ASSESSMENT QUESTIONS
R
Topic Q. No. Answer
Public Procurement Procedures 1. Open competitive bidding
T
2. Electronic procurement
H
3. True
IG
9. False
C
SUGGESTED BOOKS
Khan, N. (2018). Public Procurement Fundamentals: Lessons From and for the Field.
Emerald Publishing Limited.
La Chimia, A., & Trepte, P. Public procurement and aid effectiveness.
56
Framework of Public Procurement in India
E-REFERENCES Notes
D
E
V
R
E
S
E
R
T
H
IG
R
Y
P
O
C
57
C
O
P
Y
R
IG
H
T
R
E
S
E
R
V
E
D