Purchase Procedures
Purchase Procedures
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Guidelines for Procurement, IIT Kharagpur, September 2024
DISCLAIMER
While utmost care has been taken to ensure that the contents of this manual are accurate and up
to date, the indenting department is advised to check precise current provisions of law and other
applicable instructions from the original updated sources. In case of any conflict between the
provisions stipulated in this manual and in the original source such as General Financial Rules
(GFRs) 2017 (updated up to 31.07.2024) or the prevailing laws, the provision contained in the
extant law and the original instructions shall prevail.
Any aspect not covered/or else in this Manual will be governed by the relevant rule/provision
contained in General Financial Rules (GFRs) 2017 (updated up to 31.07.2024) as well as the
Manual for Procurement of Goods (Second Edition, 2024), Manual for Procurement of
Consultancy & Other Services (Updated June, 2022) and Manual for Procurement of Works
(Updated June, 2022) issued by Ministry of Finance, Govt. of India; CVC guidelines and CVO
guidelines of Ministry of Education (MoE) as amended from time to time and any other
Orders/amendment orders of Govt. of India issued from time to time in this regard.
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INDEX
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Indtroduction To Procurement
Definations of:
Goods (Rule 143 of GFRs 2017): The term ‘goods’ used in this chapter includes all articles,
material, commodity, livestock, furniture, fixtures, raw material, spares, instruments, machinery,
equipment, industrial plant, vehicles, aircraft, ships, medicines, railway rolling stock, assemblies,
sub- assemblies, accessories, a group of machineries comprising of an integrated production
process or such other category of goods or intangible products like software, technology transfer,
licenses, patents or other intellectual properties purchased or otherwise acquired for the use of
Government but excludes books, publications, periodicals, etc. for a library. The term ‘goods’ also
includes works and services which are incidental or consequential to the supply of such goods,
such as, transportation, insurance, installation, commissioning, training and maintenance.
Non-Consulting Service (Rule 197 of GFRs 2017): Non-Consultancy Services means any subject
matter of procurement (which as distinguished from ‘Consultancy Services’), involve physical,
measurable deliverables / outcomes, where performance standards can be clearly identified and
consistently applied, other than goods or works, except those incidental or consequential to the
service, and includes maintenance, hiring of vehicle, outsourcing of building facilities
management, security, photocopier service, janitor, office errand services, drilling, aerial
photography, satellite imagery, mapping etc.
Procurement process means the process of procurement extending from the assessment of
need; issue of invitation to pre-qualify or to register or to bid, as the case may be; the award of
the procurement contract; execution of contract, till closure of the contract and upto disposal of
obsolescence and write off.
Tender Document: The approved Tender Document of the Institute, as per Govt of India norms,
as amended from time to time, prepared and recommended by the Purchase Committee
Members and approved by the Competent Authority/Chairman, Purchase Committee.
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The ‘Procurement Manual’ provides the essential information and brief step-by-step procedures
for procurement of goods and services. This Manual is a guideline and all purchases are to be
regulated as per the procedure laid down excluding the purchases related to books, publications,
periodicals, etc to be made by the Library.
i. Right Quality
v. Right Source
General Financial Rules, 2017 (Rule 144) lay down the Fundamental Principles of Public
Procurement (for all procurements including procurement of works).
Every authority delegated with the financial powers of procuring goods in the public interest shall
have the responsibility and accountability to bring efficiency, economy, and transparency in
matters relating to public procurement and for fair and equitable treatment of suppliers and
promotion of competition in public procurement.
FINANCIAL PROPRIETY
Public Procurement like any other expenditure in Government must conform to the Standards of
Financial Propriety. It may be useful to refer to the relevant provisions in the General Financial
Rules, 2017.
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Rule 21, GFR 2017. Standards of financial propriety: Every officer incurring or authorizing
expenditure from public moneys should be guided by high standards of financial propriety. Every
officer should also enforce financial order and strict economy and see that all relevant financial
rules and regulations are observed, by his own office and by subordinate disbursing officers.
Among the principles on which emphasis is generally laid are the following: -
i. Every officer is expected to exercise the same vigilance in respect of expenditure incurred from
public moneys as a person of ordinary prudence would exercise in respect of expenditure of his
own money.
ii. The expenditure should not be prima facie more than the occasion demands.
iii. No authority should exercise its powers of sanctioning expenditure to pass an order which will
be directly or indirectly to its own advantage.
iv. Expenditure from public money should not be incurred for the benefit of a particular person or
a section of the people, unless –
a. a claim for the amount could be enforced in a Court of Law, or
b. the expenditure is in pursuance of a recognised policy or custom.
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For Approval of Advances for All Expenditure as per the Office Memo No. MS/B-
1(185)/2017/2835, dated: 31.10.2017:
Administrative Heads For Approval of Advances for all Expenditures
Director Full powers in all cases
Deputy Director 5 Lakhs
All Deans (except VGSOM & RGSOIPL) 0.75 Lakhs
Dean VGSOM & Dean RGSOIPL 0.50 Lakhs
Registrar 0.50 Lakhs
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Notes:
1. As per Rule 157 of GFR 2017, a demand for goods should not be divided into small quantities
to make piecemeal purchases to avoid the necessity of obtaining the sanction of higher authority
required with reference to the estimated value of the total demand.
2. The above limits apply to indigenous purchases as well as imports. For the purposes of imports
the Indian Rupee equivalent of the foreign currency on the date of sanction should be considered
for the aforesaid limit.
3. All temporary contingent advances shall be adjusted as per the approved guidelines.
PURCHASE COMMITTEES:
The Purchaser/ Purchase Committee shall ensure the provisions as contained in this manual and
other Govt of India norms as amended from time to time. The Purchaser/ Purchase Committee
which has been entrusted with the task of formulation of Technical specifications/eligibility
criteria shall ensure that Technical specifications (including Drawings) and Quality Assurance, if
any, have been met in accordance with the requirement of Indenter (User) before the issue of
Tender.
Further, after the opening of bids and during the technical evaluation process, where specific
knowledge and expertise of the subject matter of procurement is required, the subject expert
including technical members having specific knowledge of the domain shall ensure that the
requisite specifications as per the Tender document have been met. The liability of ensuring the
technical specifications, item procurement justifications, price reasonability, and justification of
the proprietary nature of the item (if any) shall rest with the members of the
committee/Purchaser.
Note:
i. A minimum of 50% of members of the Purchase Committee shall form a quorum for a
meeting of the Purchase Committee.
ii. Dean/HoD/HoS/PIC/Chairperson should not be a member of DPC/Tender Committee for
procurement within their respective delegation of Financial Power.
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Yes Yes
Goods/ Services
Yes No
Is available
on GeM?
Available with
Generation of
different GeMARPTS
Procurement Is EV > Rs.
Custom Yes specification Certificate
through GeM 10 Lakh?
Portal Bid
)
Guidelines for Procurement, IIT Kharagpur, September 2024
Direct
Purchase From Rs. Above Rs.
of any 50,000.00 to Rs. 5,00,000.00
available 10,00,000.00
item on
GeM Upto
Rs.
50,000.00
Push Button
Procurement
(PBP) for up
to Rs.
5,00,000.00
Yes
No
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Filling of
1. Purchase Requisition
2. Documents as per Checklist /
Norms
Audit Vetting
Financial Concurrence
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MODES OF PROCUREMENT
The government of India has established the Government e-Marketplace (GeM) for common use
goods and services. GeM SPV (Special Purpose Vehicle) will ensure adequate publicity including
periodic advertisement of the items to be procured through GeM for the prospective suppliers.
The Procurement of Goods and Services by Departments/ School/Sections/Units/Offices
will be mandatory for Goods or Services available on GeM. The credentials of suppliers on
GeM shall be certified GeM SPV. The procuring authorities/Purchaser/Purchase Committee
will certify the reasonability of rates. The GeM portal shall be utilized by the Government
buyers for direct on-line purchases as under :
(i) Up to Rs. 50,000/- through any of the available suppliers on the GeM, meeting the requisite
quality, specification and delivery period and at reasonable price.
(ii) Above Rs. 50,000/- and up to Rs. 10,00,000/- through the GeM Seller having lowest price
amongst the available sellers, of at least three different manufacturers, on GeM, meeting the
requisite quality, specification and delivery period. The tools for online bidding and online
reverse auction available on GeM can be used by the Buyer even for procurements less than Rs.
10,00,000/-.
(iii) Above Rs. 10,00,000/- through the supplier having lowest price meeting the requisite quality,
specification and delivery period after mandatorily obtaining bids, using online bidding or
reverse auction tool provided on GeM.
(iv) The invitation for the online e- bidding/reverse auction will be available to all the existing
Sellers or other Sellers registered on the portal and who have offered their goods/services under
the particular product/service category, as per terms and conditions of GeM.
(v) The above mentioned monetary ceiling is applicable only for purchases made through GeM.
For purchases, if any, outside GeM, relevant Rules of GFR shall apply.
(vi) The Buyers may ascertain the reasonableness of prices before placement of order using the
Business Analytics (BA) tools available on GeM including the Last Purchase Price on GeM,
Department’s own Last Purchase Price etc.
(vii) A demand for goods shall not be divided into small quantities to make piecemeal purchases
to avoid procurement through L-1 Buying / bidding / reverse auction on GeM or the necessity of
obtaining the sanction of higher authorities required with reference to the estimated value of the
total demand.
Detailed features of GeM are given below:
Custom Bidding : The Custom Bid functionality allows Buyers to create a custom-bid by
providing relevant information such as Title, reference price, selling unit, specifications, drawing
documents, reference images, related categories etc for unavailable items post creation of GeM
Availability Report. GeM will prompt buyers to publish a custom bid on GeM itself for estimated
order value exceeding INR 05 (Five) lakhs. The Buyer Oriented Custom Bidding Functionality
provides capability to the Buyer to customize their eligibility criteria, scope of work, additional
terms and conditions.
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BoQ Bidding: In case the desired product is unavailable on the GeM portal, and if buyers wish to
amalgamate other products and services, they can create a BoQ so that the sellers can
participate against the requirement in the GeM bidding process. A minimum of five line items
are required for BoQ bidding. The minimum estimated price for BoQ bidding is Five Lakh.
Direct Purchase: Direct Purchase enables a buyer to buy services of value up to Rs. 50,000 which
meet the requisite quality, specifications and delivery period without comparison (except
automobiles, as for automobiles no limit), through any of the available sellers on GeM.
L1 Comparison: L1 procurement enables direct purchase for order values between INR
50,000.00 and INR 10,00,000.00. Buyer needs to compare three different OEMs or Service
Providers on GeM, who meet the requisite quality, quantity, specifications and delivery period
demand. The system will then recommend an L1 product matching this requirement. Buyer
needs to select system-recommended L1 to place a direct purchase order.
Push Button Procurement: GeM designed the Push Button Procurement (PBP) process to
provide fair prices to small/infrequent buyers. GeM wishes to make procurement easier for such
users. In order to speed up the procurement process and to ensure the reasonableness of rates,
Push Button Procurement (PBP) has been proposed for L1 purchases upto Rs. 05 Lakh. Buyers
will have an option to create a PBP Notice for L1 purchase (Compare and Buy For Up to Rs. 05
lakh). The sellers can submit their offers for the PBP Notice within 3 days from publish of PBP
Notice. After 3 Days Buyer will be able to view the PBP Demand submitted by sellers. Buyer can
check if the demand is cancelled or approved. Each Order Creation can only happen when there
are at least 5 participations (2 OEM and 3 Resellers) in the PBP. If there is less than 5
participations, the PBP demand will not be created.
Bidding: Under this category, buyers can initiate a bid for the specific product category so that
eligible vendors can participate with their pricing and offers. Such as: For pre-defined products.
For single product category.
Rule 154 of GFR 2017: Purchase of goods upto the value of Rs. 1,00,000.00 (Rupees One Lakh)
only on each occasion may be made without inviting quotations or bids on the basis of a
certificate to be recorded by the competent authority in the following format.
“I, am personally satisfied that these goods purchased are of the requisite quality and
specification and have been purchased from a reliable supplier at a reasonable price.”
Rule 155 of GFR 2017: Purchase of goods costing above Rs. 1,00,000.00 (Rupees One Lakh only)
and up to Rs. 10,00,000.00 (Rupees Ten Lakh only) on each occasion will be done by inviting
quotations from market survey through the purchase committee duly approved by the
Competent Authority.
“Certified that we, members of the purchase committee are jointly and individually satisfied that
the goods recommended for purchase are of the requisite specification and quality, priced at the
prevailing market rate and the supplier recommended is reliable and competent to supply the
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Note: For sl. no. (ii) and (iii) above, Special Provision for Scientific Ministries/ Departments in
General Financial Rules (GFRs) 2017, vide Institute Notificaion No. IITKGP/S&P/GFR/2024-2025/9,
dated: 25.06.2024.
Rule 162 of GFR 2017: This process may be adopted when estimated value of the goods to be
procured is up to Rs. 50,00,000.00 (Fifty lakhs only). Copies of the bidding document should be
sent directly by speed post/registered post/courier/email to the known firms which are borne on
the list of registered suppliers for the goods. The number of supplier firms in Limited Tender
Enquiry should be more than three. Efforts should be made to identify a higher number of
approved suppliers to obtain more responsive bids on competitive basis. Further, an organisation
should publish its limited tender enquiries on Central Public Procurement Portal (CPPP) and
Institute website. In this case the demand should be urgent in nature and any additional
expenditure involed by not procuring through advertised tender enquiry is justified and for public
interest by the committee in view of urgency. Approval of the Competent Authority is required for
the same.
This is the default mode of procurement used to attract the widest possible competition and give
the best value for money. Advertisements should be published in the Central Public Procurement
Portal (CPPP) and also on the Institute website. The minimum time given for submission of bids
must be three weeks from the publication of NIT. For Global Tender Enquiry/Procurement of
Services, the minimum time given for submission of bids must be four weeks from the
publication of NIT. The technical bid and the financial bid must be submitted in separate
envelopes by the bidders. Financial bids of only those bidders will be opened who are technically
qualified. In case of a single resultant bidder, i.e., only one bidder is technically qualified or single
bid received, approval of the Competent Authority is mandatory for opening the technical /
financial bid of that bidder by following Rule 173 (xx) of GFRs 2017. Lack of competition in rule
173(xix) shall not be determined solely on the basis of the number of Bidders. Even when only
one Bid is submitted, the process may be considered valid provided following:
a. The procurement was satisfactorily advertised and sufficient time was given for submission
of bids.
b. The qualification criteria were not unduly restrictive; and
c. Prices are reasonable in comparison to market values
Under Rule 161 of GFR 2017: GTE is a procurement method that is similar to advertised tender
but aims to attract foreign firms with the provision of payment in foreign currency. It is aimed at
inviting the participation of interalia foreign firms. This mode may be considered only when
goods are not available locally or there is no local branch of the global principal manufacturer.
Additionally, it may also be used when specific international standards are not met or when there
is a shortage of domestic bidders. This information is in accordance with Rule 161 of GFR 2017.
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i) Where Goods of required specifications/quality are not available within the country and
alternatives available in the country are not suitable for the purpose; or not having 20% local
content;
ii) Non-existence of a local branch of the global principal of the manufacturer/vendors/
contractors;
iii) Requirement for compliance to specific international standards in technical specifications; and
iv) Absence of a sufficient number of competent domestic bidders likely to comply with the
required technical specifications, and in case of suspected cartel formation among indigenous
bidders.
The given below points may be followed:
i. No Global Tender Enquiry (GTE) up to Rs. 200 crores shall be invited or such limit as may be
prescribed by the Department of Expenditure from time to time. In exceptional cases where
the Ministry or Department feels that there are special reasons for inviting GTE, for tenders
below such limit, it may record its detailed justification and seek prior approval for relaxation
from the Competent Authority specified by the Department of Expenditure. Here the
Competent Authority is the Under Secretary, Department of Higher Education, Ministry of
Education, Government of India.
ii. The duly filled in proposals shall be submitted along with required documents.
iii. Before sending the proposals for approvals of the Global Tenders, following is to be ensured:
a. Search in GeM, if not available, generate GeM non-availability report.
b. Domestic open tender must be floated to identify the domestic manufacturers/service
providers for the items/ services for which approval is being sought for issuance of Global
Tenders.
c. Check the item is relaxed or not for direct procurement through GTE as per the GoI
norms.
As per Rule No. 166 General Financial Rules 2017, Proprietary Article Certified is to be provided by
the Ministry/Department before procuring the goods from a single source under provision of sub
Rule-166(i) it is in knowledge of the user department that only a particular firm is the
manufacturer of the required goods.
166(iii) For standardization of machinery or spareparts to be compatible to the existing sets of
equipment (on advise of the Competent technical expert and approved by the Competent
Authority), the required item is to be purchased from a selected firms only.
Repeat orders can be placed for an item/s of identical description for which an earlier Purchase
Order has been placed, fresh tendering action may be dispensed with if the following criteria are
met;
a. The original Purchase Order was placed on the basis of the lowest technically acceptable
offer.
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b. The subsequent proposal of Purchase Order is to be placed within six (06) months from the
date of issue of the original Purchase Order.
c. There is no downward trend in the prices since the date of issue of the original Purchase
Order.
d. Efforts to be made to obtain rebate (Quantity discount) from the supplier on the previously
ordered prices.
e. The supplier concerned is willing to accept a Purchase Order on identical terms and
conditions.
f. Repeat Order shall be least of the following:
i. Quantity should not exceed one hundred percent (100%) of the original Purchase Order
quantity.
ii. Financial implications do not exceed Rs. 10.00 lakh.
Indent for “Repeat Purchase Order” must contain a certificate of compliance by the indenter in
respect of the above item Nos. (a) to (f).
All ‘Repeat Purchase Order’ must have financial concurrence before the formal order is issued.
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Integrity Pact
Tender Notice comes under the purview of the Integrity Pact as per stipulations issued by the
Government from time to time. Also, the Standard Operating Procedure (SOP) issued by the
Central Vigilance Commission (CVC) vide Circular No.: 05/01/22 dated: 25.01.2022 shall be
adhered to while implementing the Integrity Pact in the tenders. Therefore, it is mandatory for
prospective bidders to sign the Integrity Pact as per the enclosed format. The IP would be
implemented through a panel of Independent External Monitors (IEMs). The details of current
IEMs are given below.
Bids without a signed Integrity Pact on Indian Non-Judicial Stamp Paper of Rs. 100/- shall be
rejected. The Integrity Pact format is given below:
INTEGRITY PACT
This INTEGRITY PACT is made and executed at ……………..on this day of 20…….
BY AND BETWEEN
The Director of IIT Kharagpur acting through Captain Amit Jain (Retd.), Registrar, IIT Kharagpur having
its office located at IIT Kharagpur, Kharagpur – 721302 (hereinafter referred to as ‘The Principal’ which
terms or expression shall, unless excluded by or repugnant to the subject or context, mean and include
its successor-in-office, administrators or permitted assignees) of the First Part;
AND
Preamble
The Principal intends to award, under laid down organizational procedures, contract/s for
………………………………. The Principal values full compliance with all relevant laws of the land, rules,
regulations, economic use of resources and of fairness / transparency in its relations with its Bidder(s)
and / or Contractor(s).
In order to achieve these goals, the Principal will appoint Independent External Monitors (IEMs) who will
monitor the tender process and the execution of the contract for compliance with the principles
mentioned above.
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(1) The Principal commits itself to take all measures necessary to prevent corruption and to observe
the following principles:-
b. The Principal will, during the tender process treat all Bidder(s) with equity and reason. The
Principal will in particular, before and during the tender process, provide to all Bidder(s)
the same information and will not provide to any Bidder(s) confidential / additional
information through which the Bidder(s) could obtain an advantage in relation to the tender
process or the contract execution.
c. The Principal will exclude from the process all known prejudiced persons.
(2) If the Principal obtains information on the conduct of any of its employees which is a criminal
offence under the IPC/PC Act, or if there be a substantive suspicion in this regard, the Principal
will inform the Chief Vigilance Officer and in addition can initiate disciplinary actions.
(1) The Bidder(s)/Contractor(s) commit themselves to take all measures necessary to prevent
corruption. The Bidder(s)/Contractor(s) commit themselves to observe the following principles
during participation in the tender process and during the contract execution.
a. The Bidder(s)/Contractor(s) will not, directly or through any other person or firm, offer,
promise or give to any of the Principal’s employees involved in the tender process or the
execution of the contact or to any third person any material or other benefit which he/she
is not legally entitled to, in order to obtain in exchange any advantage of any kind
whatsoever during the tender process or during the execution of the contract.
b. The Bidder(s)/Contractor(s) will not enter with other Bidders into any undisclosed
agreement or understanding, whether formal or informal. This applies in particular to
prices, specifications, certifications, subsidiary contracts, submission or non-submission of
bids or any other actions to restrict competitiveness or to introduce cartelization in the
bidding process.
c. The Bidder(s)/Contractor(s) will not commit any offence under the relevant IPC/PC Act;
further the Bidder(s)/Contractor(s) will not use improperly, for purposes of competition or
personal gain, or pass on to others, any information or document provided by the Principal
as part of the business relationship, regarding plans, technical proposals and business
details, including information contained or transmitted electronically.
d. The Bidder(s)/Contractor(s) of foreign origin shall disclose the name and address of the
Agents/representatives in India, if any. Similarly, the Bidder(s)/Contractor(s) on Indian
Nationality shall furnish the name and address of the foreign principals, if any. Further all
details of Foreign Supplier and its Indian Agent shall be disclosed by the
Bidder(s)/Contractor(s). Further, all the payments made to the Indian agent/representative
have to be in Indian Rupees only.
e. The Bidder(s)/Contractor(s) will, when presenting their bid, disclose any and all payments
made, is committed to or intends to make to agents, brokers or any other intermediaries in
connection with the award of the contract.
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f. Bidder(s)/Contractor(s) who have signed the Integrity Pact shall not approach the Courts
while representing the matter to IEMs and shall wait for their decision in the matter.
(2) The Bidder(s)/Contractor(s) will not instigate third persons to commit offences outlined above
or be an accessory to such offences.
Section 3 – Disqualification from tender process and exclusion from future contracts
If the Bidder(s)/Contractor(s), before award or during execution has committed a transgression through
a violation of Section 2, above or in any other form such as to put their reliability or credibility in
question, the Principal is entitled to disqualify the Bidder(s)/Contractor(s) from the tender process or
take action as appropriate as per guidelines.
(1) If the Principal has disqualified the Bidder(s) from the tender process prior to the award
according to Section 3, the Principal is entitled to demand and recover the damages equivalent
to Earnest Money Deposit/Bid Security.
(2) If the Principal has terminated the contract according to Section 3, or if the Principal is entitled
to terminate the contract according to Section 3, the Principal shall be entitled to demand and
recover from the Contractor liquidated damages of the Contract value or the amount equivalent
to Performance Bank Guarantee.
(1) The Bidder declares that no previous transgressions occurred in the last three years with any
other Company in any country conforming to the anti-corruption approach or with any Public
Sector Enterprise in India that could justify his exclusion from the tender process.
(2) If the Bidder makes incorrect statement on this subject, he can be disqualified from the tender
process or action can be taken as per the guidelines.
(1) In case of Sub-contracting, the Principal Contractor shall take the responsibility of the adoption
of Integrity Pact by the Sub-contractor.
(2) The Principal will enter into agreements with identical conditions as this one with all Bidders
and Contractors.
(3) The Principal will disqualify from the tender process all bidders who do not sign this Pact or
violate this provisions.
(1) The Principal appoints competent and credible Independent External Monitor for this Pact after
approval by Central Vigilance Commission. The task of the Monitor is to review independently
and objectively, whether and to what extent the parties comply with the obligations under this
agreement.
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(2) The Monitor is not subject to instructions by the representatives of the parties and performs
his/her functions neutrally and independently. The Monitor would have access to all Contract
documents, whenever required. It will be obligatory for him / her to treat the information and
documents of the Bidders/Contractors as confidential. He/ she reports to Secretary, Department
of Higher Education, MoE.
(3) The Bidder(s)/Contractor(s) accepts that the Monitor has the right to access without restriction
to all Project documentation of the Principal including that provided by the Contractor. The
Contractor will also grant the Monitor, upon his/her request and demonstration of a valid
interest, unrestricted and unconditional access to their project documentation. The same is
applicable to Sub-contractors.
(4) The Monitor is under contractual obligation to treat the information and documents of the
Bidder(s)/Contractor(s)/Sub-contractor(s) with confidentiality. The Monitor has also signed
declarations on ‘Non-Disclosure of Confidential Information’ and of ‘Absence of Conflict of
Interest’. In case of any conflict of interest arising at a later date, the IEM shall inform
Secretary, D/o Higher Education, MoE.
(5) The Principal will provide to the Monitor sufficient information about all meeting among the
parties related to the Project provided such meetings could have an impact on the contractual
relations between the Principal and the Contractor. The parties offer to the Monitor the option
to participate in such meetings.
(6) As soon as the Monitor notices, or believes to notice, a violation of this agreement, he/she will
so inform the Management of the Principal and request the Management to discontinue or take
corrective action, or to take other relevant action. The Monitor can in this regard submit non-
binding recommendations. Beyond this, the Monitor has no right to demand from the parties that
they act in a specific manner, refrain from action or tolerate action.
(7) The Monitor will submit a written report to the Secretary, D/o Higher Education within 8 to 10
weeks from the date of reference or intimation to him by the Principal and, should the occasion
arise, submit proposal for correcting problematic situations.
(8) If the Monitor has reported to the Secretary, D/o Higher Education, a substantiated suspicion of
an offence under relevant IPC/PC Act, and the Secretary, MoE has not, within the reasonable
time taken visible action to proceed against such offence or reported it to the Chief Vigilance
Officer, the Monitor may also transmit this information directly to the Central Vigilance
Commissioner.
(9) The word ‘Monitor’ would include both singular and plural.
This Pact begins when both parties have legally signed it. It expires for the Contractor 12 months after
the last payment under the contract, and for all other Bidders 6 months after the contract has been
awarded. Any violation of the same would entail disqualification of the bidders and exclusion from
future business dealing.
If any claim is made / lodged during this time, the same shall be binding and continue to be valid
despite the lapse of this pact as specified above, unless it is discharged / determined by Secretary, D/o
Higher Education.
(1) This agreement is subject to Indian Law. Place of performance and jurisdiction if the Office of
the Principal, i.e., Kharagpur / Kolkata / Bhubaneswar.
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(2) Changes and supplements as well as termination notices need to be made in writing. Side
agreement have not been made.
(3) If the Contractor is a partnership or a consortium, this agreement must be signed by all partners
or consortium members.
(4) Should one or several provisions of this Pact turn out to be invalid, the remainder of this Pact
remains valid. In this case, the parties will strive to come to an agreement to their original
intentions.
(5) Issues like Warranty / Guarantee etc. shall be outside the purview of IEMs.
(6) In the event of any contradiction between the Integrity Pact and its Annexure, the Clause in the
Integrity pact will prevail.
(7) The actions stipulated in this Integrity Pact are without prejudiced to any other legal action(s)
that may follow in accordance with the provisions of the extant law in force relating to any civil
or criminal proceedings.
IN WITNESS WHEREOF, the parties hereunto set their hands and seals and executed this INTEGRITY
PACT as of the day/month/year first above written:
Name: ………………………………………….
Designation: ……………………………….
Address: ……………………………………..
Authorized Signatory
Vide resolution dated ………………. passed by the Board of Directors
1.
2.
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FOREIGN PROCUREMENT
Documents required for payment for Imported Goods (Shipping documents for LC):
Commercial Invoice
Packing List
Certificate of country of origin
Beneficiary certificate for supply of goods as per PO.
Warranty certificate(if any)
Certificate of Insurance
Copy of MAWB, HAWB
Bill of lading(for seaport)
Any other documents as and if required
Documents for Establishment of letter of credit(LC)
Signed order confirmation
Singed proforma invoice as per Purchase Order
Bank details of foreign firm
A letter of credit or LC is a written document issued by the importer’s bank (opening bank) on importer’s
behalf. Through its issuance, the exporter is assured that the issuing bank will make a payment to the
exporter for the international trade conducted between both the parties. In case the purchaser fails to
make the payment to the seller, then the bank will need to pay the entire amount or the outstanding
amount that originally needs to be paid by the purchaser.
Customs Clearance:
Shipments transported cross-border must pass customs clearance before they are allowed to
enter or exit a country.
This process is handled by a Customs House Agent (CHA)
The clearance documents are prepared and sent to clearing agent( our nominated custom
clearing agent) for customs clearance and delivery of the same of the ordered stores
FCA – FREE CARRIER (… named place of delivery) The Seller delivers the goods, cleared for export,
to the carrier selected by the Buyer. The Seller loads the goods if the carrier pickup is at the Seller’s
premises. From that point, the Buyer bears the costs and risks of moving the goods to destination.
CIP – CARRIAGE AND INSURANCE PAID TO(… named place of delivery) - The Seller pays for
moving the goods to destination. From the time the goods are transferred to the first carrier, the
Buyer bears the risks of loss or damage. The Seller, however, purchases the cargo insurance.
DAP – DELIVERED AT PLACE (… named place of delivery) - The Seller delivers when the goods are
placed at the Buyer’s disposal on the arriving means of transport ready for unloading at the names
place of destination. The Seller bears all risks involved in bringing the goods to the named place.
DDP – DELIVERED DUTY PAID (… named place of delivery) - The Seller delivers the goods -cleared
for import – to the Buyer at destination. The Seller bears all costs and risks of moving the goods to
destination, including the payment of Customs duties and taxes.
FOB – FREE ON BOARD (… named port of shipment) - The Seller delivers the goods on board the
ship and clears the goods for export. From that point, the Buyer bears all costs and risks of loss or
damage.
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Incoterm
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CHECKLIST
Checklist related to procurement through TENDERING (L1 Basis)
Sl. Description Page number/details
No (All the fields are
mandatory)
1. a) Whether Administrative approval for the procurement was :
obtained (if any)
b) Whether approval of CP&NMC was taken (if any) :
c) Certificate of GeM non-availability (signed copy) :
2. GTE Exemption letter (if Global Tender) :
3. Letter of Enquiry / Tender Document (signed copy) :
4. Tender Enquiry with corrigendum, if any floated in
1. CPPP (Copy of CPP Portal) :
2. Institute Website (Screen shot of Institutes’ website) :
5. No. of Quotation received :
6 Comparative Statement
1. Technical Compliance and General Terms & Conditions :
statement (Recommendations of the Committee )
2. Commercial bid :
7. OEM Certificate / Sole Authorization Certificate :
(100% Subsidiary certificate if authorized other than OEM)
8. Certificate of Local Content as per format :
9. Purchase Preference (if any)
a. MSME Purchase Preference; :
b. MII Purchase Preference :
10. Certificate of Land Border sharing :
11. Tender Fee Status :
12. EMD Status
1. EMD of L1 bidder :
2. EMDs other than L1 bidder (s) :
13. Undertaking regarding Blacklisting/Non-Debarment
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8. Justification :
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9. Justification :
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9. Purchase Requisition :
10. Form – A (approved ERP Fund booking ) :
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(Name & Signature with Seal) (Name & Signature with Seal)
Head of the Department Chairman DPC/Indenter
Director
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ANNEXURE-A
Details of procurement of the said item over the past five years (five completed financial years and the current financial
year) inclusive of supply details.
Year of Item Contract Supplier Quantity of Rate Completion Country of Local
contract No. & date supply with per date of Origin of content in
unit unit contract goods %
Countersigned Signed
(Name & Signature with Seal) (Name & Signature with Seal)
Head of the Department Chairman DPC/Indenter
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PAC Formats
Annexure – I
Deptt./Centre/School…………………………………………….
Certified further that no other manufacturer of equivalent product, meeting our specification requirements
exists.
The Department Purchase Committee recommends that the items stated in the said Quotation / Proforma
Invoice be purchased.
__________________________________ _________________________________
(Chairman, Purchase Committee) (Head of Deptt./Centre/School)
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(Annexure – II to be submitted on Letterhead in Original with full name, registered address of the
Company, company seal, signature of authrised signatory, date, Company contact number, email ID
and wsbite of the Company)
Annexure – II
No…………………………………………..…..
Date: …………………………….
(a) These items are solely manufactured by us and not by any one else in the entire county / world.
(b) The proprietary item ……………………………………………………….…………..… of this variety / code
…………………………..……… is exclusively assembled by us (vide License No.
………………………………………………………, valid upto …………………………), and none else in the Country / entire
World.
_______________________________________________________
(Authorised Signatory signature with Company Seal)
For M/s. …………………………………………………………….
Name:………………………………………………….
Designation:. …………………………………………………
Office Address:……………………………………………….
Contact No. ……………………………………
Email ID:…………………………………………
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ANNEXURE 6
Ref.: No Date:
6(a) This is only firm who is manufacturing/stocking this item.
AND
6(b) A similar article is not manufactured/sold by any other firm, which could be used
in lieu OR
6(c-1) No other make/brand will be suitable for following tangible reasons (like
OEM/warranty & spares): OR
………………………………………………………………………………………………
…………………………………………
6(c-2) No other make/brand will be suitable for following tangible reasons (if PAC was
also given in the last procurement cycle, please also bring out efforts made since
than to locate more sources): OR
………………………………………………………………………………………………
…………………………………………
7. Reference of
concurrence of
finance wing to the
proposal
8. History of PAC purchases of this item for past three years may be given below:
Name of Supplier:
Order/Tender Qty. Ordered Basic Rate on Order Adverse Performance
Reference & Date (Rs.) Reported, if any
9. The request for quotation has been uploaded on the Institute’s website & CPP Portal on
……………..
Signature:
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a) Procurement of goods under single tender enquiry, are procured only from Original Equipment
Manufacturers (OEMs) or manufacturers having proprietary rights (or their authorised dealers/
stockists) against a PAC certificate (Annexure 6) signed by the appropriate authority (Rule 166 of GFR
2017).
b) Users should enclose, with their Indent, a PAC certificate indicating the justification and approval at
the appropriate level, for sourcing an item from OEM or PAC firms or their authorised agents.
c) Proprietary items shall be purchased only from a nominated manufacturer or its authorised dealer as
recorded in the PAC certificate.
d) In certain unavoidable cases, the procuring authority may have no alternative but to waive payment of
EMD/SD for procurement on a proprietary basis.
e) To the extent feasible, the firm may be asked to certify that the rates quoted by them are the same and
not higher than those quoted with other Government, public sector or private organizations.
f) In case of PAC/single tender procurements: a) Reports relating to such awards should be submitted to
the authority every quarter; b) Internal audit may be required to check at least 10 (ten) per cent of such
cases; and c) Details of such contracts should be published on the website of the Procuring Entity.
Risk Mitigation
There is a risk that this mode may get used The delegation of powers should be restricted for
unjustifiably to restrict competition. Such risks signing of PAC. Audit may take-up 10 (ten) per cent
get aggravated in case of secrecy about such of cases of PAC procurements for review. Even in
procedures as alternative vendor/contractors PAC procurements the NIT and the Award of Contract
may not even come to know about such should be put on the website of CPPP and Procuring
opportunities. Entity.
Once approved there is a risk of a nexus No item should be procured on PAC basis for more
getting developed and the mode may continue than three years after which a mandatory OTE mode
to be used for many years without fresh may be used to test the market.
application of mind.
The bidder may charge a price higher than the The firm should be asked to accept a “fall clause”
market. undertaking that in case it supplies or quotes a lower
rate to other Governments public sector or private
organizations it would reimburse the excess.
Negotiations may be called for to get prices reduced.
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FOR
OF
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Note:
i. This is a formal PAC Notice to verify the market whether similar items is available with different
OEM/bidders and it is also to inform to the interested OEMs/bidders that there is no right to
claim any Purchase Order/Work Order or any other form of compensation. Bidders should be
aware that no such claims will be considered.
ii. The firm should provide an undertaking regarding the 'fall clause,' agreeing that if it supplies or
quotes a lower rate to other governments, public sector or private organizations it would
reimburse the excess.
Technical Specifications:
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CERTIFICATE
I/we have read the clause regarding restrictions on procurement from a bidder of a country which
shares a land border with India; I/we hereby certify that this bidder is not from such a country and is
eligible to be considered.
OR (whichever is applicable)
I/we have read the clause regarding restrictions on procurement from a bidder of a country which
shares a land border with India; I/we hereby certify that this bidder is from ____________(Name of
Country) and has been registered with the Competent Authority. I/we also certify that this bidder
fulfils all the requirements in this regard and is eligible to be considered.
(Copy/ evidence of valid registration by the Competent Authority is to be attached with the bid
document)
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CERTIFICATE
I/we have read the clause regarding restrictions on procurement from a bidder of a country which
shares a land border with India and on sub-contracting to contractors from such countries and
hereby certify that this bidder is not from such a country and will not sub-contract any work to a
contractor from such countries unless such contractor is registered with the Competent Authority.
OR (whichever is applicable)
I/we have read the clause regarding restrictions on procurement from a bidder of a country which
shares a land border with India and on sub-contracting to contractors from such countries; I/we
hereby certify that this bidder is from ____________(Name of Country) and has been registered with the
Competent Authority and will not sub-contract any work to a contractor from such countries unless
such contractor is registered with the Competent Authority. I/we also certify that this bidder fulfils
all the requirements in this regard and is eligible to be considered.
(Copy/ evidence of valid registration by the Competent Authority is to be attached with the bid
document)
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”Local Content” means the amount of value added in India which shall, unless otherwise prescribed
by the Nodal Ministry, be the total value of the item procured (excluding net domestic indirect taxes)
minus the value of the imported content in the item (including all customs duties) as a proportion of
the total value, in percent.
Important:
“False declaration will be in breach of Code of Integrity under Rule 175(1)(i)(h) of the General
Financial Rules 2017 for which a bidder or its successors can be debarred for up to two years as per
Rule 151(iii) of the General Financial Rules 2017 along with such other actions as may be
permissible under law.”
Date:
Yours faithfully,
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INDIGENOUS – NON-GeM
भारतीय प्रौद्योगिकी संस्थान खड़िपुर
INDIAN INSTITUTE OF TECHNOLOGY KHARAGPUR
PURCHASE REQUISITION FORM (Requested to go through the guidelines carefully)
1. Please Tick: Operating ( ) / Equipment ( )/
Services ( )
2. Department / Centre / Section:
7. Item Name:
Date:………………………..
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INDIGENOUS – NON-GeM
भारतीय प्रौद्योगिकी संस्थान खड़िपुर
INDIAN INSTITUTE OF TECHNOLOGY KHARAGPUR
Comments of Pre-Audit Unit
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INDIGENOUS – NON-GeM
भारतीय प्रौद्योगिकी संस्थान खड़िपुर
INDIAN INSTITUTE OF TECHNOLOGY KHARAGPUR
Sl. Description of Stores Unit Qnty. Rate/Unit Total Cost (Rs.)
No.
SUBTOTAL
(excluding GST and other charges)
Less: Discount (if any)
Packing & Forwarding Charges (if any)
Freight Charges (if any)
Insurance (if any)
Other charges if
.............................................................................................. charges any
GST @............ %
GRAND TOTAL
(including GST and other charges)
In word: Rupees
(Note: Please use the separate sheet, if the space is not sufficient.)
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INDIGENOUS – NON-GeM
भारतीय प्रौद्योगिकी संस्थान खड़िपुर
INDIAN INSTITUTE OF TECHNOLOGY KHARAGPUR
Purchase Requisition Check List: Item name: …………………………………………… Date: …………..
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IIT KHARAGPUR
Manual Administrative Approval for Procurement (FORM – A, in case no ERP facility available)
Name of Indentor
Designation and EC Code
Department/Centre/School/Section
Item Description
Quantity
Total Estimated Value
Justification
(Attach extra sheet if required)
(Signature of Indentor)
Recommendation of the Dean/HoD/HoS/HoC/PIC/Chairperson
________________________
(Signature with seal of)
All Deans other than Dean (SRIC)/HoD/HoC/HoS/Dean (VGSOM)/Dean (RGSOIPL)/ Registrar/All
Chairman/Chairperson/Head CIC/Head IIC/President TSG/ All PICs/Chief Engineer IW/Librarian/PMO,
BCRTH/SE/Joint Registrar/Deputy Registrar/Sr. EE
________________________
(Signature with seal of)
All Deans other than Dean (SRIC)/HoD/HoC/HoS/Dean (VGSOM)/Dean (RGSOIPL)/ Registrar/All
Chairman/Chairperson/Head CIC/Head IIC/President TSG/ All PICs/Chief Engineer IW/Librarian/PMO,
BCRTH/SE/Joint Registrar/Deputy Registrar/Sr. EE
___________________
(Deputy Director)
Approved by (If Proposal above Rs. 75,00,000.00)
__________
(Director)
***End***
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