Vigilance Compedium - CCL

Vigilance Compedium - CCL Vigilance Compedium - CCL

15.07.2014 Views

Government of India Ministry of Finance (Department of Expenditure) OFFICE MEMORANDUM New Delhi, the 17 th December 1998. Subject: Purchase of Computer Systems by Government Departments. The undersigned is directed to invite attention to the provisions of GFR 102 (1) and the Annexure to the same according to which “Open Tender” system (that is, invitation to tender by public advertisement) should be used as a general rule in all cases in which the estimated value of demand is Rs.50,000/- and above. 2. It has been brought to the notice of this Ministry by Deptt. of Electronics that certain Ministries/Deptts etc. issue tenders for purchase of personal computers where they specify the international brands like IBM, Compaq, HP, Digital, DELL or Gateway Micron. This vitiates the guidelines for open tender system laid down in GFRs and deprives other brands including domestic manufacturers of an opportunity to participate in the tender. Further Deptt. of Electronics have pointed out that brand names do not have any great advantage since at the broad level there is hardly any difference between the competing products because they predominantly use Intel microprocessors. 3. Separately, DGS&D have informed that generalized specifications for personal computers have been finalized and the process of concluding rate contract is being initiated. 4. It is, therefore, advised that Ministries/Departments should follow the open tender system without vitiating it by specifying brand names in accordance with the provisions in GFRs for purchase of personal computers till a rate contract for computers is concluded by DGS&D. Thereafter, computers could be purchased on rate contract basis. Sd/- (Narain Das) Under Secretary to the Govt. of India

No.98/ORD/1 Government of India Central Vigilance Commission To Satarkta Bhawan, Block ‘A’, GPO Complex, INA, New Delhi – 110 023 Dated the 15 th March, 1999. i) The Secretaries of All Ministries/Departments of Government of India ii) The Chief Secretaries to All Union Territories iii) The Comptroller & Auditor General of India iv) The Chairman, Union Public Service Commission v) Chief Executives of All PSUs/Banks/ Organizations vi) All Chief Vigilance Officers in the Ministries/Departments/PSEs/Public Sector Banks/Insurance Companies/Autonomous Organisatins/Societies vii) President’s Secretariat/Vice-President’s Secretariat/Lok Sabha Secretariat/Rajya Sabha Secretariat/PMO Subject: Improving vigilance administration - Tenders. Sir, Please refer to CVC’s instructions issued under letter No.8(1)(h)/98(1) dated 18/11/98 banning post tender negotiations except with L-1 i.e., the lowest tenderer. Some of the organizations have sought clarifications from the Commission as they are facing problems in implementing these instructions. The following clarifications are, therefore, issued with the approval of Central Vigilance Commissioner. i) The Government of India has a purchase preference policy so far as the public sector enterprises are concerned. It is clarified that the ban on the post tender negotiations does not mean that the policy of the Government of India for purchase preference for public sector should not be implemented. ii) iii) Incidentally, some organizations have been using the public sector as a shield or a conduit for getting costly inputs or for improper purchases. This also should be avoided. Another issue that has been raised is that many a time the quantity to be ordered is much more than L1 alone can supply. In such cases the quantity order may be distributed in such a manner that the purchase is done in a fair transparent and equitable manner. Yours faithfully, Sd/- (P.S. Fatehullah) Director

Government of India<br />

Ministry of Finance<br />

(Department of Expenditure)<br />

OFFICE MEMORANDUM<br />

New Delhi, the 17 th December 1998.<br />

Subject: Purchase of Computer Systems by Government Departments.<br />

The undersigned is directed to invite attention to the provisions of GFR 102 (1) and the<br />

Annexure to the same according to which “Open Tender” system (that is, invitation to tender<br />

by public advertisement) should be used as a general rule in all cases in which the estimated<br />

value of demand is Rs.50,000/- and above.<br />

2. It has been brought to the notice of this Ministry by Deptt. of Electronics that certain<br />

Ministries/Deptts etc. issue tenders for purchase of personal computers where they<br />

specify the international brands like IBM, Compaq, HP, Digital, DELL or Gateway<br />

Micron. This vitiates the guidelines for open tender system laid down in GFRs and<br />

deprives other brands including domestic manufacturers of an opportunity to participate<br />

in the tender. Further Deptt. of Electronics have pointed out that brand names do not<br />

have any great advantage since at the broad level there is hardly any difference between<br />

the competing products because they predominantly use Intel microprocessors.<br />

3. Separately, DGS&D have informed that generalized specifications for personal computers<br />

have been finalized and the process of concluding rate contract is being initiated.<br />

4. It is, therefore, advised that Ministries/Departments should follow the open tender system<br />

without vitiating it by specifying brand names in accordance with the provisions in GFRs<br />

for purchase of personal computers till a rate contract for computers is concluded by<br />

DGS&D. Thereafter, computers could be purchased on rate contract basis.<br />

Sd/-<br />

(Narain Das)<br />

Under Secretary to the Govt. of India

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