Procurement guidelines proposed

By Avirup Nag and Arjun Sinha, Trilegal
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In order to regulate and ensure transparency in the government procurement process, the Ministry of Finance has produced a draft Public Procurement Bill, 2012. Once enacted, the bill will regulate the award of government contracts with a value of more than ₹5 million (US$88,000).

The procuring entities that fall within the scope of the bill include central governmental departments and ministries, constitutional bodies or entities set up under an act of parliament as well as central government undertakings (such as entities/companies with 50% or more direct or indirect government shareholding). Procurements in certain scenarios – emergency disaster management or national security – are not covered by the bill.

Laying down the rules

The bill sets out some fundamental principles for public procurement, such as ensuring efficiency and competition, fair and equitable treatment of bidders, promotion of competition, and prevention of corrupt practices. It requires that a procuring entity clearly identify the subject matter of the procurement, the method of procurement that it seeks to follow along with any criteria of pre-qualification, as well as any restrictions on bidders that it intends to place, before initiating a procurement process.

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Avirup Nag is a counsel in the Delhi office of Trilegal, where Arjun Sinha is an associate. Trilegal is a full-service law firm with offices in Delhi, Mumbai, Bangalore and Hyderabad.

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