General Principles • Every Government Department/Board/Corporation/Autonomous Bodies and other Public Sector Undertaking spend a sizeable amount of its budget for procurement of various types of goods to discharge the duties and responsibilities assigned to it. • Therefore, it is imperative that these purchases are made by following uniform, systematic, efficient and cost effective proceedure. General Principles Contd. • Public buying should be conducted in a transparent manner in order to bring competition, fairness and elimination of arbitrariness in the system. • Public Procurement Procedures must conform to exemplary norms of best practices to ensure efficiency economy and accountability in the system. General Principles Contd. • In the State of Himachal Pradesh, procurement of goods was being carried out under the Store Purchase Rules as incorporated in the appendix 10 of HPFR. 1971. Vol.II • Government of Himachal Pradesh vide notification issued by Controller of Store, dated 24th October, 2013 has repealed appendix 10 of HPFR Vol.II General Principles Contd. • As per the provision contained under rule 192 of HPFR,2009, Government issued detailed instructions and guidelines for procurement of goods and services. • State Government vide making mandatory to all the procurement agencies under the Government to follow the tendering process in public procurement has also initiated series of procurement reforms. General Principles Contd. • The Departmental Officers entrusted with the use, care or consumption of stores are responsible for maintaining correct records and preparing correct returns in respect of the stores entrusted by them. • They are also responsible for keeping them in proper custody and in good and efficient condition and for protecting from the deterioration. General Principles Contd. • They should also take proper precautions to prevent loss of public store by fire or by other accidents. • Any loss of or damage to Government Stores should forthwith be reported by them to their immediate superior. • Purchase orders should not be split up so as to avoid the necessity for obtaining the sanction of higher authority required with reference to the total amount of the orders General Principles Contd. • Purchases must be made in the most economical manner, in accordance with the definite requirements of the public service. • When stores are purchased from the open market, the system of open competitive tender should as far as possible be adopted. • Purchases should be made from the lowest tenderer unless there are any special reason to the contrary which should be recorded in written. General Principles Contd. • Store should not be purchased in small quantities. • Periodical indents should be prepared and as many articles as possible obtained by means of such indents. • At the same time, care should be taken not to purchase store much in advance of actual requirements if such purchases are likely to prove unprofitable to the Government. General Principles Contd. • All the purchases of Stores for public service shall be regulated strictly as per Store Rules and detailed instructions/guidelines issued by COS vide notification dated 24th October,2013. • All the articles given in Annexure-I of Store Purchase Rules shall be purchased through Store Purchase Organization on Rate Contracts/NOC (84 items) General Principles Contd. • Articles in Annexure-V shall be purchased by the respective organization/Department through their Departmental Standing Purchase committee constituted by the Finance Department after observing rules and procedure of the Store Purchase Department/policy of the Government.(174 items) • Any other items not covered in Annexure –I and V shall be purchased through Controller of Store General Principles Contd. • Indent with Controller of Stores to be placed as soon as budget is received not till the close of financial year. • In case indents are not received from the Departments, Controller of Store will not issue NOC/NAC. • Store will be indented for ISI marked failing which ISI specifications. General Principles Contd. • Head of the Department will consolidate their normal demand as per annexure-I and place indent before COS. • A certificate will be issued that funds are available and sanction of competent authority exists. Type of Purchases • Purchases without quotation • Through Departmental Purchase Committee • Advertised Tender System • Limited Tender System • Single Tender System • Through Rate Contract of COS/DGS&D • By negotiation with private parties in emergencies • Parallel Rate Contract Purchases without quotation • The above monetary limit may be revised by the Finance Department from time to time. • The concern procuring officer shall keep a record of the goods purchased without inviting quotation on each such occasion, and shall work out the cumulative total of such purchases made during the financial year. Purchases without quotation • Purchase of goods upto monetary value not exceeding Rs. 3000/- only on each occasion subject to a maximum of Rs. 50,000/- in a financial year may be made by the HOD/Controlling Officer/DDO without inviting quotation or bids. • Such purchases can be made only on the basis of the certificate to be recorded by authorized officer that • I am personally satisfied that the goods purchased are of the requisite quality and specification and have been purchase from a reliable supplier at a reasonable price. Through Departmental Purchase Committee
• Purchase of goods costing above Rs.3000/- only up
to Rs. 50,000/- on each occasion and yearly respectively may be made on the recommendation of duly constituted local purchase committee consisting of three members of an appropriate level as may be decided by HOD. • The said committee shall survey the market to ascertain the reasonableness of rates, quality and specification and identify the appropriate supplier. Through Departmental Purchase Committee
• Before recommending placement of the
purchase order the members of the committee shall jointly record a certificate. • That we are satisfied that the goods purchased are of the requisite quality and specification and have been purchase from a reliable supplier at a reasonable price Advertised Tender System • Subject to exception under rules HPFR-2009 the method of advertised tender system shall be used for procurement of goods of estimated value of Rs. 10.00lakh and above or such limit as may be prescribed. • Advertisement in such cases shall be given in the official gazette of HP and at least in two leading daily news papers having wide circulation. Advertised Tender System • A procurement entity having its website shall also publish all its advertised tender enquiries on the website and provide a link with website of the COS, HP. • It should give its website address in the advertisement in the official gazette of HP and newspapers. Advertised Tender System • Procurement entity shall also post the complete tender documents in its website and permit prospective bidders to make use of the documents downloaded from the website. • Specific mention shall be made in the tender document for comprehensive maintenance of contract where ever required. Advertised Tender System • If such a downloaded tender documents are priced, there shall be clear instructions for the bidders to pay the amount along with the bid. • The minimum time to be allowed for submission of bids shall be three weeks from the date of publication of the tender notice or availability of tender documents for sale, whichever is later. Advertised Tender System • Where the Procurement Entity contemplates obtaining bids from abroad, the minimum period shall be four weeks for both domestic and foreign bidders. • For highly valuable plant and machinery of a complex and technical nature, the bids shall be procured in the manner:- Advertised Tender System • (a) Technical bids consisting of all technical details along with commercial terms and conditions. • (b) Financial bids indicting items-wise prices for the items mentioned in the technical bid shall be submitted separately by the bidders. • (c ) Technical bid and financial bid shall be sealed by the bidder in separate cover duly super-scribed. Advertised Tender System • (d) Both these sealed covers shall be put in bigger cover which shall also be sealed and duly super-scribed. • (e) The technical bid shall be opened by the Procurement Entity at the first instance and evaluated by a committee constituted by the HOD. • (f) At the second stage financial bids only of the technically acceptable offers shall be opened Advertised Tender System • For further evaluation and ranking before awarding the contract. • (g) All the terms, conditions, stipulations and information to be incorporated in tender documents shall contain instructions to bidders. • (h) The bids received after the date and time specified for their receipt shall not be considered. Advertised Tender System • Conditions of contract, Schedule of requirements, specifications and allied technical details, price schedule be completed by the bidders for quoting their prices. • Contract form and other standard forms to be utilized by the procurement entity and the bidders. Limited Tender System • Limited Tender System shall be adopted if estimated value of the goods to be procured is up to 10 lacs. • Preference shall be given to the supplier having depots and dumps within the territory of Himachal Pradesh. • Copies of the tender documents shall be sent directly by speed post or registered post or currier or e-mail to the firms dealing manufacturing or supplying goods to obtain more responsive bids on competitive basis. Limited Tender System • The number of the firms in the limited tender system should not be less than three and the firms addressed should not be less than six. • Purchase through limited tender system may be adopted even where the value of the procurement is more than the limit specified subject to the condition that : Limited Tender System • (a) The Head of the Department certifies that the demand is urgent and procuring of goods through limited tender system is justified in view of the urgency, indicating therein reasons why the procurement could not be anticipated for resorting to advertisement tender system. • There are sufficient reasons to be recorded in writing by the Procurement Entity that it shall not be in the public interest to procure the goods through advertised tender enquiry. Limited Tender System • The sources of the supply are definitely known and possibility of fresh sources beyond those being resorted to is remote. Single Tender System • Single tender system shall be adopted in case of articles of proprietary nature, which are available from single source. • Articles of proprietary nature shall be purchased, after obtaining a certificate from the manufacturers or sole agents as the case may be to the effect that the rates quoted by them are identical to those approved by Director General of Supplies and Disposal or Controller of Store HP or the rates quoted by them are similar to those quoted in any other state in the country. Single Tender System • Single Tender System shall also be resorted to for additional purchase of goods from the original suppliers, which are intended either as part replacement of existing goods, services or installations or the extension of existing goods, services or installations, where such additional purchase of equipments and services shall meet the requirement of procurement entity for utilizing the already existing equipments or services Single Tender System • A certificate in the following form shall be provided by the procurement entity before procuring the goods from a single source. • (a) The indented goods are manufactured by • ---------------. • (b) No other make or model is acceptable for the reasons------------- • ( c) Approval of competent authority has been obtained Other forms of Purchases • Through Rate Contract of COS/DGS&D. • By negotiation with private parties in emergencies. • No objection certificate :- GM DIC concerned authorized up to Rs. 50,000/- per items annually. • Parallel Rate Contract. Annual Maintenance Contract. • 1. Depending on the cost and nature of the goods to be purchased, the procurement entity may enter into maintenance contract(s) of suitable period either with the supplier of the goods or with any other firm. • Such maintenance contract are especially needed for sophisticated goods such as costly equipment and machinary. Annual Maintenance Contract. • It shall be mandatory that the equipment or machinery is maintained free of charge by the supplier during its warranty period as per the terms of the contract. Earnest Money • In case of the advertised or limited tender system, earnest money shall be obtained from the tenderer (s) who shall furnish the same alongwith the tenders in the shape of Accounts Payees Bank Draft or duly pledged Fixed Deposit Receipt. • Amount of earnest money shall be between two percent to five percent of the estimated value of goods to be procured as determined by the Procuring Department and indicated in the tender document. Earnest Money • The earnest money of the unsuccessful tenderer shall be refunded to them at the earliest after expiry of final validity period of tender as stipulated in the tender document. • The earnest money of successful tenderer shall remain in the custody of Procuring Department till t he entire process for purchase of goods has been made completed by the contractor to the best of satisfaction of procuring department. Earnest Money • Procuring Department may retain the earnest money of the contractor supplying goods till further period depending upon the nature of contract. • Earnest money deposited by the tenderer shall be forfeited in the following events:- Earnest Money • 1. A modification or withdrawal of tender after the deadline for submission of tenders and during the validity. • 2. Refusal by the tenderer to accept an arithmetical error or otherwise appearing on the face of the tender. • Failure on the part of the successful tenderer to sign the contract in accordance the terms and conditions stipulated in the tender documents. Earnest Money • 4. failure on the part of the successful tenderer to provide performance security under rule 107 for execution of the contract. • 5. Failure on part of the successful tenderer to execute the contract as per terms and conditions stipulated in the tender documents. Performance Security • Performance security shall be obtained from the successful contractor on the award of the contract irrespective of his registration which shall be for an amount between five to ten percent of the value of the items to be purchased. • Such security shall be furnished in the form of an Account Payee Demand Draft / duly pledged Performance Security • It is obtained with a view to safeguard the interest of procuring department. • Performance security shall remain valid for a period of 60days from the date of completion of contract including warranty and guarantee period to the best of satisfactions of procuring department Advance or on account payment to suppliers
• Payment for services rendered or supplies made shall
be released only after the services have been rendered or supplies made. • Advance or on account payment may be made in the following cases:- • (a) To the contractors executing maintenance contract for servicing of machinery and electronic equipments. • (b) To the contractors executing fabrication contract or turn key contract. Advance or on account payment to suppliers
• Where it is essential to make advance
payment, the amount shall not exceed the following limits:- • (a) 30% of the contract value to the private contractors. • (b) 40% of the contract value to a State or Central Government Organization or a public sector undertaking. Advance or on account payment to suppliers
• Pro-rata on account payment up to 80% of
the supplies made or services rendered may be made pending completion of the contract, after assessing the same. • The Government may relax the ceilings including percentage laid down for advance payment. Advance or on account payment to suppliers
• While making any advance payment,
adequate safeguards in the form of bank guarantee shall be obtained from the contractors. • Part payment to contractors may be released after he dispatches the goods from his premises depending up on the terms and conditions of the contract. Transparency, Fair Competition and elimination of arbitrariness • All the Government contracts for procurement of goods shall be made in a transparent, competitive and fair manner. • The text of the tender document shall be self contained and comprehensive without any ambiguities. • All essential information shall be clearly spelt out in the tender documents in a simple language. Transparency, Fair Competition and elimination of arbitrariness • The criteria of the eligibility of the tenderer such as minimum level of experience, past performance, registration status, manufacturing, supplying, technical, professional and financial capabilities be incorporated in the tender document. • The procedure for submitting the tenders. • The date, time and place of opening of the tenders. Transparency, Fair Competition and elimination of arbitrariness • Eligibility criteria for goods indicating any legal restrictions or conditions regarding manufacturing and supplying of goods which may be required to be met by successful tenderer be incorporated. • Terms of delivery. • Any other terms for performance of contract as may be prescribed. Transparency, Fair Competition and elimination of arbitrariness • Provision shall be made in the tender document to enable a tenderer to make queries about the conditions, processes and rejection of the tender. • Provision for settlement of any dispute emerging from the contract shall be made in the tender documents. Transparency, Fair Competition and elimination of arbitrariness • The tender documents shall indicate clearly that the contract shall be interpreted under Indian Laws and in case of a legal dispute the same shall be subject to local or jurisdiction of the Courts of Himachal Pradesh. • The tenderer shall e given reasonable time to sent their tenders Transparency, Fair Competition and elimination of arbitrariness • The tender shall be opened in the presence of tenderer or their authorized representatives, if present at the time of opening of tenders. • The standard specifications of the goods shall be broad based and clearly stated without any ambiguity so as to attract sufficient number of tenderer with a view to safeguard the interest of State Government . • Transparency, Fair Competition and elimination of arbitrariness • Factors to be taken into account for evaluating the tenders and the criteria for awarding the contract to the lowest tenderer shall be clearly indicated in the tender documents. • The evaluation of tenders shall be made strictly in accordance with the terms and conditions of tender documents. Transparency, Fair Competition and elimination of arbitrariness • Where the price quoted by the lowest tenderer is highly excessive as compared to prevalent price justification, negotiation may be held with lowest tenderer to bring the price below justification. • If the negotiation with lowest tenderer fails to result in an acceptable contract, procurement entity may proceed to hold negotiation with the next ranked tenderer so on. Transparency, Fair Competition and elimination of arbitrariness • Contract shall be awarded to the lowest tenderer. • Where the lowest tenderer is not in a position to supply the full quantity required, the remaining quantity may be ordered to next higher tenderer at the rates offered by the lowest tenderer at the same terms and conditions. Transparency, Fair Competition and elimination of arbitrariness • Where the rates of more than one firm have been approved for the same items, time and cost effectiveness may be kept in view. • Prior to inviting of tender for procurement of costly goods of highly technical nature involving latest technology or execution of costly turn-key contract, a conference of prospective tenderer may be convened in the manner as may be prescribed for clarification of doubts and settlement of issues relating to minimum acceptable level of specifications. Efficiency, Economy and Accountability in Procurement System. • For avoiding delay, appropriate time frame for such stage of procurement shall be specified by the Department. • For minimizing the time needed for decision making and implementation of contract, the Department shall act as per delegation of financial power as may be prescribed. Efficiency, Economy and Accountability in Procurement System. • The Department shall award the contract within the validity period stipulated in the tender document. • Extension in time period in the validity period may be allowed by the competent authority only in exceptional circumstances for which reasons shall be recorded in writing. By Back Offer • The department may decide with the approval of competent authority to replace existing old goods with new goods of better version from the contractor by adjusting the cost of existing old goods as per mutual agreement for such a clause shall be inserted in the tender documents in the prescribed manner. Inventory Management • Every Department shall specify the detailed procedure relating inventory management in its regulations after obtaining the approval of competent authority in consultation with the Finance Department. • (A) Receipt of Goods: • 1. The Officer-in-Charge of the concerned Department shall follow the terms and conditions of the contract for receiving goods from the supplier. Inventory Management • 2. All the goods shall be counted measured or weighted and inspected at the time of receipt with a view to ascertain the quality, quantities and specifications. • 3. Technical specification where required shall be carried out by the technical committee constituted by the competent authority. Inventory Management • 4. Detail of the goods received shall thereafter be entered in the stock registers. • 5. Officer-in-Charge of the Store of the concerned department shall certify that all the requisite goods have been received and recorded them in the stock register. • 6. At the time of payment, rates t o be checked with reference to supply order/agreement. Inventory Management • 7. The indenting Officer requiring goods from internal division of the Department, may place an indent in the prescribed forms. • 8. The indenting Officer shall examine, count, measure or weigh the goods with a view to ascertain the quality, quantities and specifications and he shall issue receipt of goods received by him Inventory Management • 9. If the Officer- in –Charge of the stores is not in a position to supply the full supply of goods mentioned in the indent due to Non- Availability of sufficient goods in the stores, he shall make the supply to the extent available and make suitable entry to this. • 10. In respect to goods issued to a contractor, the cost of which is recoverable from him, all relevant particulars including the recovery rates shall be got acknowledged from him. Safe Custody of Goods • The Officer- in- Charge of store having custody of goods shall take appropriate steps for arranging their safe custody of store items. • Proper storage and accommodation including arrangements for maintaining required temperature dust free environment of required specification depending up on the nature of goods be ensured. Safe Custody of Goods • The Officer- in- Charge of stores shall take special care for the safe custody of explosive goods as per provisions contained in the Explosives Act, 1884 and rules framed hereunder. • He should make arrangement to avoid from loss of theft, fire, accident, damage, fraud etc. List and Accounts • The Officer-in- Charge shall be responsible for maintenance of suitable item wise list and accounts. • Accounts returns in respect of the goods in his charge with a view to ensuring proper check and reconciliation of actual balances with the book balances be prepared. List and Accounts • The form of the store accounts shall be determined with reference to the nature of the goods and materials, the frequency of the transactions in the prescribed manner. • Separate accounts shall be kept for fixed assets, consumable and dead stock or unserviceable items in the manner as may be prescribed. List and Accounts • The Officer-in-Charge will ensure that contract entries of quality received/issued with quantity and specification are entered in the stock register to check annual balance with the books. • Stock register should be maintained as per nature of stores. • Accounts for consumable store such as dietary stock in hospital, jail differ than furniture. List and Accounts • Different stock register be made for (a) dead stock such as plant, machinery, furniture, equipments (b) other stores such as consumable/perishable items. • An inventory of dead stock should be made showing the number received, disposed off by transfer, sale loss and balance of each items. • Inventory should be priced. List and Accounts • Inventory should be prepared at the site of material. • Inventory should be checked once in a year by HOD. • When articles of dead stock i.e. tools and plant are lent to local bodies, contractors hire charges should be recovered at once. Physical Verification • The officer-in-Charge of the stores shall cause to maintain the inventory for fixed assets, consumable and dead stock or unserviceable items. • Head of the Department shall conduct the physical verification of fixed assets, consumable goods and dead stock or unserviceable items or cause it to be conducted through his subordinate officer or through a committee constituted either by him or by the State Government at least once in a year. Physical Verification • It should not be entrusted to custodian, ledger keeper etc and who is not conversant with the nomenclature, classification, techniques. • Not to low paid employees but to some responsible officers. • Physical verification shall always be conducted in the presence of the Officer responsible for the custody of the inventory. Physical Verification • A certification of verification along with the findings shall be recorded in the Stock register by the Officer or the committee conducting the physical verification. • Discrepancies including shortages, damages and dead stock items, unserviceable items, if any indentified during verification shall immediately be brought to the notice of competent authority by the officer or the committee conducting the physical verification for take appropriate action. Physical Verification • Balance of the store should not be kept in excess of requirement. • After verification, if any item has been found surplus, unserviceable, obsolete it should be reported to higher authority. • The items for more than a year kept in stores should be considered surplus unless there is any good reason to treat them otherwise. Physical Verification • Every department shall maintain an optimum level of the store/stock as per their day to day requirement so that there are neither excessive nor shortage of requisite goods. Special Procedure for library Books • The proper procedure shall be observed for purchase, disposal, physical verification and write off library books maintained in the libraries of various Government department. • Library books in Government Libraries which are mutilated or damaged or have become obsolete shall be disposed off on the recommendation of the committee constituted for this purpose by the competent authority. Special Procedure for library Books • Physical verification of library books shall be conducted every year in case of libraries having not more than 20000/- books by qualified library staff or any other authorized by the competent authority. • Physical verification library books at interval of not more than three years shall be conducted in case library having more than 20000/- but not more than 50000/- by the qualified library staff. Special Procedure for library Books • Sample physical verification of library books at interval for not more than five years shall be conducted in case of libraries having more than 50000/- books by qualified staff. • If such a sample verification reveals unusual or unreasonable shortages, complete verification shall be conducted. Special Procedure for library Books • In case of libraries having more than 50000/- books loss up to five books per thousand books issued or consulted in a year shall be taken as reasonable. • In case of other libraries, the quantum of loss of library books shall be determined by the concerned departments within the limit mentioned. Special Procedure for library Books • Such loss shall not be attributed to dishonesty or negligence on the part of librarian. • Loss of library books including books of special nature shall invariably be investigated and consequently action taken in the prescribed manner. • Any other matter regarding proper maintenance of library books shall be dealt within the prescribed manner Handing over of charge of Goods • In case of transfer of Officer-in –Charge of the goods, the relieved official as well as reliving official shall ensure that the goods are correctly handed over and taken over by the relieved official and reliving official respectively. • A statement showing all the relevant details of the goods so handed over and taken over shall be prepared and signed by the relieved official and the relieving official with a view to enable the competent authority to fix responsibility in case of any loss of goods. Disposal of goods • A department shall declare the goods as surplus or obsolete or unserviceable and dispose off the same in the prescribed manner. • While declaring the goods as surplus or absolute or unserviceable for disposal of the same, the HOD or the authorized officer shall generally following the principles of :- Disposal of goods • 1. He shall record the detailed reasons in writing in this regard. • 2. He may constitute a committee at appropriate level for such declaration. • 3. He shall prepare a report of goods to be disposed off on the prescribed Performa. • 4. Before disposing off the goods, he shall cause to work out the book value, guiding price and reserve price of the goods to be disposed off. Disposal of goods • Where the book value, guiding price and reserved price can not be worked out, the original price of goods shall be deemed to be the book value for guiding price and reserved price. • When the goods are sold to the public or any other department or authority at full value, a suitable percentage as determined by the competent authority shall be put to the book value to cover the charges on account of the supervision, storages and contingencies. Disposal of goods • This condition may be waived off by the competent authority if it is observed that the goods are likely to remain unsold. • In case goods are declared surplus in a department, the same may be transferred to another department of the Government at book value for utilization . • In case goods become unserviceable due to negligence, fraud or mischief on the part of Government Servant, the responsibility of the same shall be fixed. Mode of disposal • Surplus or obsolete or unserviceable shall be disposed off in the prescribed manner : • 1. Obtaining bids through advertised tender. • 2. Public auction. • 3. Any other mode. Disposal through Advertised Tender • 1. Preparation of tender documents. • 2. Invitation of tender for surplus, obsolete or unserviceable goods to be sold. • 3. Opening of bids. Disposal of goods • 4. Analysis and evaluation of bids received. • 5. Selection of highest responsive bidders. • 6. Collection of sale value from the selected bidders. • 7. Issue of release order to the bidders. • 8. Return of bid security to the unsuccessful bidders