TRAINING & DEVELOPMENT

WEEK 2018
Salient Features of
GFR 2017
&
DPM 2009
by
Sushil Riyar, IDAS
ACDA
 GFR 2017
Salient Features

 Government of India Rules vest financial powers of the

Government in the Ministry of Finance.
 The Finance Ministry has issued the GFR.
 GFRs are a compilation of rules and orders of
Government of India to be followed by all while dealing
with matters of public finances
 – to be treated as executive instructions to be observed
by all Departments and Organizations under the
Government and specified Bodies except otherwise
provided for in these Rules.
 GFR 2017 : Salient Features
CONTENTS

 Rule 1 to 324

 10 Appendix

 26 GFR Forms
 GFR 2017 : Salient Features
 Rule 21 : Standards of financial propriety
 Rule 22 : Expenditure from Public Funds
 Rule 23 : Delegation of Financial Powers
 Rule 26 : Responsibility of Controlling
Officers in respect of Budget allocation
 Rule 27 : Date of effect of sanction
 Rule 30 : Lapse of Sanctions
 Rule 61 : Excess Expenditure
 Rule 83 : Charged or Voted Expenditure
 Rule 84 : Capital or Revenue Expenditure

 GFR 2017 : Salient Features
 Rule 143 : Definition of Goods
 Rule 144 : Fundamental principles of Public
buying
 Rule 149 : Government e-Market Place
(GeM)
 Rule 154 : Purchase of Goods without
Quotation
 Rule 155 : Purchase of Goods by Purchse
Committee
 GFR 2017 : Salient Features
Canons of Financial Propriety(Rule 21)

1. Every officer is expected to exercise the same

vigilance in respect of expenditure incurred from
public money as a man of ordinary prudence would
exercise of his own money.
2. The expenditure should not be prima facie more
than the occasion demands
3. No authority should exercise its powers of
sanctioning expenditure to pass an order which will
be directly or indirectly to its own advantage.
 GFR 2017 : Salient Features
 Basic Public Procurement Policy Every
authority delegated with the financial
powers of procuring goods, works and
services in 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 [Rule 144 of GFR, 2017]
 GFR 2017 : Salient Features
 Rule 145: An authority which is competent to incur
expenditure may sanction the purchase of goods
required for use in public service in accordance
with the provisions of the Delegation of Financial
Power Rules, following the general procedure
contained in the GFR
 Rule 146: Procurement of goods required on
mobilization and/or during the continuance of
Military operations shall be regulated by special
rules and orders issued by the Government on
this behalf from time to time.
 GFR 2017 : Salient Features
 Rule 149 :The GeM portal shall be utilized by the Government buyers
the Government buyers for direct online procurements, in the following
manner.
 Upto Rs 50,000 through any of the suppliers on the GeM, meeting the
requisite quality, specifications and delivery period.
 Above Rs 50,000 and upto Rs 30,00,000 through the GeM Seller
having the lowest price amongst the available sellers, of at least three
different manufacturers on GeM, meeting the requisite quality,
specification and delivery period. Tools of online bidding and online
reverse auction, available on the GeM can be used by the Buyer, if
decided by the competent authority.
 Above Rs 30,00,000 using the online bidding or reverse auction tool
provided on the GeM.
 GFR 2017 : Salient Features
Rule 154
Purchase of Goods without Quotation

 Purchase of goods upto the value of Rs

25,000 only on each occasion may be
made without inviting quotations or bid on
the basis of a certificate to be recorded by
the Competent Authority.
 GFR 2017 : Salient Features
 Rule 156 : Purchase of goods directly under
Rate Contract

 Rule 158 : Purchase of Goods by obtaining

bids
 GFR 2017 : Salient Features
Rule 155 :Purchase of Goods by Purchase Committee

 Purchase of goods costing above Rs 25,000 and

upto Rs 2,50,000 on each occasion may be made
on the recommendations of a duly constituted LPC
consisting of 03 members of an appropriate level.
 The Committee will survey the market to ascertain
the reasonableness of rate, quality and
specifications and identify the appropriate supplier.
Before recommending placement of the purchase
order, the members of the Committee will jointly
record a certificate.
 GFR 2017 : Salient Features
 Rule 157: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.
 Rule 161: Advertised Tender Enquiry (Continued)
Ordinarily, the minimum time to be allowed for
submission of bids should be 3 weeks fom the date
of publication of tender notice or availability of
bidding documents (online/offline), whichever is
later.
 GFR 2017 : Salient Features
 Rule 162: Limited Tender Enquiry (continued) Procurement
through LTE may be made even if the estimated value > Rs
25 lakh, provided The CA in the Ministry/Department certifies
that the demand is urgent and any additional expenditure
involved by not procuring through advertised tender enquiry
is justified in view of urgency.
 Rule 170: Bid Security Required to safeguard against a
bidder’s withdrawing or altering its bid during the bid validity
period in the case of advertised or limited tender enquiry
[also known as Earnest Money] to be obtained from the
bidders except those Who are registered with the Central
Purchase Organization, or the concerned Ministry or
Department, or are Micro and Small Enterprises (MSEs) as
defined in the Ministry of MSME Gazette Notification of
2012.
 GFR 2017 : Salient Features
Rule 174 : Efficiency, Economy and Accountability in Public
Procurement System

 Public procurement procedure should ensure

efficiency, economy and accountability in the
system through
 Working with a time frame
 Delegating appropriate purchasing powers
to the lower functionaries
 Rate contract for common user items
 GFR 2017 : Salient Features
 Rule 225 : General principles for contract

 Rule 227 : Legal Advice

DPM 2009
Applicability
 The principles and procedures contained in DPM
2009 are to be followed by all wings of the Ministry
of Defence and Defence Services for procurement of
goods and services, expenditure on account of which
is met from the Revenue heads of Defence Services
Estimates.
Procurement
 Fundamental Principles of Public Buying: Every
authority delegated with the financial powers of
procuring goods in 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.
Policy Guidelines
 Economy

 Scales

 Splitting

 Open competitive tendering

Decentralization and delegation
of powers
 Decentralization: With implementation of the New
Management Strategy (NMS) in the three Services, the
Government has decentralized decision-making process so as
to enhance efficiency and expedite decision-making. The
procurement function has also been decentralized and most of
the Defence organizations undertake bulk of the central
procurement and local purchase themselves.
 Delegation of Powers: With the objective of decentralizing
powers to enable effective use of resources by the actual
operators, financial powers have been delegated to various
authorities in the Defence establishments down to the Unit
Commanders.
Purchase of goods and services
without quotation
 Purchase of goods and services up to the value of Rs.
15,000/- (Rupees Fifteen Thousand) only on each
occasion may be made without inviting quotations or
bids on the basis of a certificate to be recorded by the
Competent Financial Authority in the following format.

"I, ___________________, am personally satisfied that

these goods/services purchased are of the requisite
quality and specification and have been purchased
from a reliable supplier/service provider at a
reasonable price."
Types of Tendering
 Advertised Tender Enquiry
(also known as Open Tender Enquiry);

 Limited Tender Enquiry; and

 Single Tender Enquiry.

Advertised/Open Tender Enquiry
 Adopted for more than Rs Twenty Five lakh

 Global Tender Enquiry

 Publicity

 Preparation of the Notice Inviting Tender

 Publicity through the website

 Direct dispatch of tender documents

 Tender documents on the website

 Time to be given for submission of bids

Limited Tender Enquiry (LTE)
 Up to Rupees Twenty-five Lakh

 Limited Tender Enquiry in Special Circumstances

 The Indenter certifies that the demand is urgent and any additional
expenditure involved by not procuring through advertised tender
enquiry is justified in view of urgency.

 There are sufficient reasons, to be recorded in writing by the Competent

Authority, indicating that it will not be in public interest to procure the
goods through advertised tender enquiry.

 The sources of supply are definitely known and possibility of fresh

source(s) beyond those being tapped is remote.

 The nature of item to be procured is such that pre-verification of the

competence of the firms and their registration is essential.
Single Tender Enquiry (STE)
 In a case of emergency/urgency, the required goods
are necessarily to be purchased from a particular
source.
 On account of any other operational or technical
requirement, which should, however, be clearly
recorded.
 Reasons for recommending procurement on STE

 STE to be sent only to OEMs and registered firms

Proprietary Article Certificate (PAC)
 PAC Tendering: Certain items, particularly equipments, are the
propriety product of a manufacturing firm. Such items are only
available with that firm or their dealers, stockiest or distributors
as the detailed specifications are not available for others to
manufacture the item.
 Caution to be exercised while granting PAC: PAC bestows
monopoly and obviates competition. Hence, PAC status must be
granted after careful consideration of all factors like fitness,
availability, standardization and value for money. Many OEMs do
not manufacture assemblies, subassemblies and components but
outsource these items. Hence, such items may be available at
cheaper prices with the actual manufacturers
Single and Two Bid Systems
 Single Bid system: For stores available commercially off-
the-shelf (COTS) and LP items, where qualitative
requirements and technical specifications are clear, single
commercial bid system may be followed.

 Two bid system: For purchasing high value plant,

machinery, equipment, IT and communication systems and
for turnkey projects, etc., which are of a complex and
technical nature or for procurement of items which have
indeterminable parameters, such as shade, tone, make-up,
feel, finish and workmanship, etc.
Cost of Tender and Bid
Security/Earnest
 Bid security
Money Deposit
 Amount of Bid Security

 Form of Bid Security

 Validity of the Bid Security

 Exemption from Submission of Bid SecuritySecurity: Bid

security is not required to be obtained from those firms who are registered with
theCentral Purchase Organization (e.g. DGS&D), National Small Industries
Corporation (NSIC) or concerned Departments or Ministries of the Government of
India. Bid security need not be asked for if the value of the tender is Rs two lakh or
less.
Tendering Process

 Expression of Interest

 Preparation of the Request for Proposal /Tender

Enquiry

 Reference to Brand Names in the RFP

Receipt of tenders

 Tender Box

 Delivery of Bids by Hand

Bid Security (EMD)
 To safeguard against a bidder’s withdrawing or altering his bid during the bid
validity period in the case of advertised or limited tender enquiry, Bid Security
(also known as Earnest Money Deposit) is to be obtained from the bidders.
The bidders should be asked to furnish the bid security along with their bids.
 Amount of Bid Security: Amount of bid security should ordinarily range
between two percent to five percent of the estimated value of the goods to
be procured.
 The exact amount of bid security should be determined judiciously while
processing the proposal for CFA’s approval and indicated in the RFP.
 Form of Bid Security: The bid security may be accepted in the form of Account
Payee Demand Draft, Fixed Deposit Receipt, Banker's Cheque or Bank
Guarantee from any of the public sector banks or a private sector bank
authorized to conduct government business, as per Form DPM-13,
safeguarding the purchaser's interest in all respects. Validity of the Bid
Security: The bid security is normally to remain valid for a period of forty-five
days beyond the final bid validity period.
Processing of Procurement Proposals
 Processing of Proposals for CFA’s Approval

 Costing of Procurement Proposals

 Processing of Proposals Subject to Availability of

Funds
 Processing of Proposals without linking them with
availability of Funds
 Prior Concurrence of Integrated Finance
Responsibility of the CFA
 Transparency, Competition, Fairness and Elimination
of Arbitrariness in the Procurement Process
 Need for Ensuring Propriety of Procurement Process

 Responsibility of CFA in Purchase Decision

 Compliance with Procedures

 Accountability

 Time frame: Need for expeditious processing.

Resultant Single Tender

a) Whether all necessary requirements such as standard tender enquiry

conditions, industry-friendly specifications, wide publicity, sufficient time for
formulation of tenders had been taken care of while issuing the RFP;
b) Whether the RFP had been properly dispatched and duly received by the
prospective vendors to whom these were sent.
c) Whether the SQRs, particularly in the LTE cases, could be reformulated
and made more broad based to generate wider competition.
d) Whether time and criticality of requirement permits reformulation of the
SQRs.
If the examination reveals that (a) and (b) had been complied with and (c)
and (d) are not feasible, the proposal may be processed further treating it
as a case of OTE or LTE as the case may be with the approval of the CFA.
In case, however, there is any doubt about the tendering process or it is
considered feasible to consider reformulation of SQRs without
compromising on operational requirement, the RFP should be retracted
and re-issued after rectifying the deficiencies and/or reformulating the
SQRs.
Withdrawal of Offer By L1
 In case the lowest tenderer withdraws his offer, re-tendering should be
resorted to as per the instructions issued bym the Central Vigilance
Commission.
 While retendering RFP may not be issued to the vendor who had backed
out and EMD, if any, of such a firm should be forfeited.
General Principles of Contracting
 The terms of contract must be precise and definite and there
must be no room for ambiguity or misconstruction therein.
 Standard forms of contracts should be adopted, wherever
possible, and the terms of the contract should be subjected
to close prior scrutiny.
 As far as possible and where mandated, particularly if
standard format of contract is not to be adopted, legal and
financial advice should be taken in drafting of contracts and
before they are finally entered into.
Delivery Period Extension
When the supplies do not materialize by the stipulated contract
delivery date, the purchaser has the option of:
(a) Extending the delivery date with imposition of LD and denial
clause, which implies denial of increase in price, taxes,
duties, etc. taking place during the extended period.
(b) Re-fixing the delivery date.
(c) Canceling the contract and repurchasing the non-supplied
quantity
Maximum Period of Extension: The maximum period of
extension of delivery that can be granted by the CFA under
delegated powers should be such that the total period - the
original delivery period plus the extension – does not exceed
twice the original delivery period. Extensions beyond this
period would require sanction of the higher CFA.
Delivery Period Extension with LD
 As a general rule, if the contractor fails to deliver the
stores/service or any installment thereof within the DP or at
any time repudiates the contract before expiry of such period,
the CFA, without prejudice to the right of the purchaser to any
other remedy for breach of contract, may recover from the
contractor a sum equivalent to 0.5% of the prices of any
stores which the contractor has failed to deliver within the
period agreed for delivery in the contract, for each week or
part thereof during which the delivery of such stores may be
in arrears, where delivery thereof is accepted after expiry of
the aforesaid period.
 The total damages shall not exceed value of 10% of
undelivered goods.
Performance Bank Guarantee
 The Bidder will be required to furnish a Performance
Guarantee by way of Bank Guarantee through a public sector
bank or a private sector bank authorized to conduct
government business (ICICI Bank Ltd., Axis Bank Ltd or
HDFC Bank Ltd.) for a sum equal to 10% of the contract
value within 30 days of receipt of the confirmed order.
 Performance Bank Guarantee should be valid up to 60 days
beyond the date of warranty.
Termination of Contract
 When the supplier fails to honour any part of the contract
including failure to deliver the contracted stores/render services
in time.
 When the contractor is found to have made any false or
fraudulent declaration or statement to get the contract or he is
found to be indulging in unethical or unfair trade practices.
 When both parties mutually agree to terminate the contract.

 When the item offered by the supplier repeatedly fails in the

inspection and/or the supplier is not in a position to either
rectify the defects or offer items conforming to the contracted
quality standards.