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A: In Public Procurement, Transparency, Fairness and Equality-for-bidders mandate floating of tender even in case there is no scope of price discovery.
Procurement without tenders can be done only in following conditions:
In both above cases, reqirements cannot be artificially broken to come under these thresholds.
In case there is no scope of source discovery (the sources of supply are definitely known and possibility of fresh sources beyond these is remote), Special Limited Tender (even beyond Rs 25 Lakhs) may be done with necessary approvals as per Schedule of Powers of Procuring Agency. In case it is a proprietary item of a particular firm, then after appropriate signing of PAC (Proprietary Article Certificate) procurement can be done on Single Tender Basis.
Please refer to Paras 4.5, 4.6, 4.9 and 4.10 of Finance Ministry's Manual for Procurement of Goods, 2017.
By the very nature of the long-term strategic partnership with one or two vendors in Just In Time, it is difficult to implement it in Public procurement, except in rare cases of Proprietary Products or 'Cold Chain Vaccines' etc. But then JIT means putting all the materials required on JIT not just a few of the items. There is no annual tendering/ contracting in JIT.
Public procurement fundamentally relies on repeated (at least annual - or in case of rate contracts upto 2 years) tenders where new suppliers can also participate. Public procurement doesn't have any approved and clear methodology for long-term strategic partnerships.
Hence JIT is very difficult in existing Public Procurement framework.
Tender responses are to be evaluated (including technical compliance) by the government purchasing agency. GeM is not involved in evaluation of tender responses.
There is no mention of EMD in case of Consultancy Services in GFR (Rules: 177 -196) - not even in the Manual for procurement of Consultancy and other services. However on the analogy of Rule 206: Any circumstances not covered, the procuring entity may refer to Rules for procurement of Goods (Rule 142 - 176). Here Rule 170 for Bid Security specify EMD as percentage of "estimated value" of procurement.
There is no specific reference to tolerance for increase in percentage in drug indents. What is meant perhaps is percentage to which quantity on order may be increased. Please refer to Para 9.3 ("operation of option clause" page 125) of the Manual for Procurement of Goods. Option upto 25%-30% can only be operated if a specific clause is included in the Contract.
It is not possible to reject a bid that complies with technical specification. However in ATC library of GeM, buyer can select suitable additional conditions which can help in selecting good products.