Response for BPP Legal basis/details as per BPP Bid submission India's Comments BPP Report 2018 Report 2018 report 2017

Rule 149 on "Government e-Market place" of GFR, 2017 states: DGS&D or any other agency authorized by the Government will host an online Government e-Marketplace (GeM) for common use Goods and Services. DGS&D 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 Ministries or Departments will be mandatory for Goods or Services available on GeM. The credentials of suppliers on GeM shall be certified by DGS&D. The procuring authorities 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. a. Whether bidders are required to Registration of (ii) Above Rs.50,000/- and up to Rs.30,00,000/- through the GeM Seller having lowest price amongst 1 register on a government registry of Yes Suppliers the available sellers, of at least three different manufacturers, on GeM, suppliers meeting the requisite quality, specification and delivery period. The tools for online and online reverse available on GeM can be used by the Buyer if decided by the competent authority. (iii) Above Rs.30,00,000/- through the supplier having lowest price meeting the requisite quality, specification and delivery period after mandatorily obtaining bids, using online bidding or tool provided on GeM. (iv) The invitation for the online /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 GFR Rules shall apply.

Only for procurements above a certain threshold or for certain contracts. This Foreign firms' b. Whether foreign firms are eligible may contracts. This may vary on a case-by- 2 Yes eligibility to submit bids case basis, as there is no barrier for foreign firms to bid in open tender procedures.

Rule 150 (v) on "Advertised Tender Enquiry" of GFR, 2005 states: Ordinarily, the minimum time to be allowed for submission of bids should be three weeks a. Mandatory minimum time period from the date of publication of the tender for submission of bids to procuring Yes (21) notice or availability of the bidding The relevant data is present in Rule 161 (v) on "Advertised Tender Enquiry" of GFR, 2017 entity document for sale, whichever is later. Procedure and Where the Department also contemplates 3 requirements for obtaining bids from abroad, the minimum bid submission period should be kept as four weeks for both domestic and foreign bidders.

Rule 162 (i) on "Limited Tender Enquiry" of GFR, 2017 states: This method may be adopted when estimated value of the goods to be procured is up to Rupees Twenty five lakhs. Copies of the b. Bid Submission method: e-mail, e-mail/Electronic In person, via regular mail, via an bidding document should be sent directly by speed post/registered post/courier/e-mail to firms electronic procurement platform Procurement Platform electronic procurement platform which are borne on the list of registered suppliers for the goods in question as referred under Rule 150 of GFR, 2017

a. Form of bid instrument to guarantee bidders' offer: bid , bid Bid Security declaration

Rule 157 on "Bid Security" of GFR. 2005 states that: "Amount of bid security should ordinarily range between two percent to five percent of the estimated value of the goods to be procured. The amount of bid security b. Bid security amount: no more than should be determined accordingly by the a certain percentage of the contract Maximum Percentage Ministry or Department and indicated in The relevant information is present in Rule 170 on "Bid Security" of GFR. 2017 value or value of the submitted bid, no the bidding documents. more than a certain flat amount Section 3.6.1 on "Earnest Money" of The Manual on Policies and Procedures for Procurement of Works states that Earnest Money Deposit for a works contract up to 25 crores shall be 2% of the estimated cost.

Rule 157 on "Bid Security" of GFR. 2005 Existence and states that: The bid security may be 4 requirements for accepted in the form of Account Payee bid security c. Form of bid security instrument: Demand Draft, Fixed Deposit Receipt, cash deposit, bank guarantee, Bank Guarantee The relevant information in present in Rule 170 on "Bid Security" of GFR 2017 Banker's Cheque or Bank Guarantee from insurance guarantee any of the Commercial Banks or payment online in an acceptable form, safeguarding the purchaser’s interest in all respects.

Rule 157 on "Bid Security" of GFR. 2005 states that: The bid security may be accepted in the form of Account Payee d. Whether suppliers have the choice Demand Draft, Fixed Deposit Receipt, regarding the form of bid security Yes The relevant information in present in Rule 170 on "Bid Security" of GFR 2017 Banker's Cheque or Bank Guarantee from instrument any of the Commercial Banks or payment online in an acceptable form, safeguarding the purchaser’s interest in all respects. Existence and 4 requirements for bid security

Rule 157(ii) on "Bid Security" of GFR. 2005 states: Bid securities of the e. If bidders are required to post a bid unsuccessful bidders should be returned security instrument, whether there is a Yes to them at the earliest after expiry of the The relevant information in present in Rule 170(ii) on "Bid Security" of GFR 2017 time frame for the procuring entity to final bid validity and latest on or before return the instrument the 30th day after the award of the contract.