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PROCUREMENT OF SERVICES
GFR PROVISIONS
AVINASH KUMAR GUPTA
05/02/2018
Services
• Ministries /dept may hire External
professionals, consultancy firms, or
consultants
• For a specific job Which is well defined, in
terms of content, Time frame for its
completion
• Outsource certain services
RULE 177 SERVICES
• Consulting Service
 procurement involves primarily non-physical ,project-
specific, intellectual and procedural processes where
outcomes/ deliverables would vary from one
consultant to another),
 other than goods or works, except those incidental or
 consequential to the service,
 includes professional, intellectual, training and advisory
services or any other service
 does not include direct engagement of a retired
Government servant.
Services Examples
These Services typically involve providing expert
or strategic advice e.g.,
management consultants ,
 policy consultants,
Communications consultants,
Advisory and project related Consulting Services
which include, feasibility studies,
project management, engineering services,
finance, accounting and taxation services,
 training and development etc
Rule 178
• The Ministries or Departments may hire
external professionals, consultancy firms
or consultants (referred to as consultant
hereinafter)
• for a specific job, which is well defined in
terms of content and time frame for its
completion.
Rule 179
• Detailed instructions to this effect may be
issued by the concerned Ministries or
Departments.
• However, the Ministries or Departments shall
ensure that they do not contravene the basic
rules contained in this chapter.
Rule180 Identification of work/Services
required to be performed by consultants
• in situations requiring high quality services for
which the concerned Ministry/ Department
does not have requisite expertise.
• Approval of the competent authority should
be obtained before engaging consultant(s).
Rule 181, Preparation of scope of the
required work/service
• The Ministries/Departments should prepare
simple and concise language
 the requirement
 objectives
 scope of the assignment.
 The eligibility and prequalification criteria to
be met by the consultants
RULE 182, Estimating reasonable
expenditure
• Ministry or Department proposing to engage
consultant(s) should
estimate reasonable expenditure
by ascertaining the prevalent market
conditions
 and consulting other organizations engaged
in similar activities.
Rule 183, Identification of likely
sources
• upto Rs 25 lakhs, list on the basis of enquiries
from other Departments or Chambers of
Commerce & Industry, Association of consultancy
firms etc.
• above Rs 25, additionally an enquiry for seeking
‘Expression of Interest’ from consultants should
be published on Central Public Procurement
Portal (CPPP) at www.eprocure.gov.in, GeM and
on and the Ministry’s web site
Expression of Interest
• the broad scope of work or service,
• eligibility and the pre-qualification criteria
• consultant’s past experience in similar work
or service
• comments of consultants on the objectives
and scope of the work or service projected in
the enquiry.
• Adequate time for getting responses from
interested consultants
Rule 184, Short listing of consultants
• consultants meeting the requirements should
be short listed for further consideration.
• The number of short listed consultants should
not be less than three
Rule 185, Preparation of Terms of
Reference (TOR)
• Precise statement of objectives;
• Outline of the tasks to be carried out;
• Schedule for completion of tasks;
• The support or inputs to be provided by the
Ministry or Department to facilitate the
consultancy.
• The final outputs that will be required of the
Consultant
Rule 186, Preparation and Issue of
Request for Proposal (RFP)
• The RFP should be issued to the shortlisted
consultants to seek their technical and
financial proposals.
RFP
• A letter of Invitation
• Information to Consultants regarding the procedure for
submission of proposal .
• Terms of Reference (TOR).
• Eligibility and pre-qualification criteria incase the same has
not been ascertained through Enquiry for Expression of
Interest.
• List of key position whose CV and experience would be
evaluated.
• Bid evaluation criteria and selection procedure.
• Standard formats for technical and financial proposal.
• Proposed contract terms.
• Procedure proposed to be followed for midterm review of the
progress of the work and review of the final draft report.
Rule 187, Receipt and opening of
proposals
• Proposals should ordinarily be asked for from
consultants in ‘Two bid’system.
• submit the same by the specified date and
time at the specified place.
• the technical proposals should be opened
first at the specified date, time and place.
Rule 188,Late Bids
• Late Bids :
• bids received after the specified date and
time of receipt, should not be considered
Rule189, Evaluation of Technical Bids
• Technical bids should be analyzed and
evaluated by a Consultancy Evaluation
Committee (CEC)
• . The CEC shall record in detail the reasons for
acceptance or rejection of the technical
proposals analyzed and evaluated by it.
Rule190, Evaluation of Financial Bids
of the technically qualified bidders
• open the financial bids of only those bidders
who have been declared technically qualified
by the Consultancy Evaluation Committee as
per Rule 174 above
• further analysis or evaluation and ranking
and selecting the successful bidder
• Sign consultancy contract.
RULE 191, Methods of Selection/
Evaluation of
Consultancy Proposals
• The basis of selection of the consultant shall
follow any of the methods given in Rule 192 to
194 as appropriate for the circumstances in
each case.
Rule 192 Quality and Cost Based
Selection
(QCBS)
• where quality of consultancy is of prime
concern.
• initially the quality of technical proposals is
scored as per criteria announced in the RFP.
• Only those responsive proposals that have
achieved at least minimum specified
qualifying score in quality of technical
proposal are considered further.
(QCBS)
• open and score, the Financial proposals of
responsive technically qualified bidders
• Finally combined score is arrived at by giving
predefined relative weightages for the score
of quality of the technical proposal and the
score of financial proposal.
QCBS
• The RFP shall specify the minimum qualifying score for the
quality of technical proposal
• relative weight ages to be given to the quality and cost
(determined for each case depending on the relative
importance of quality vis-a-vis cost aspects in the assignment,
e.g. 70:30, 60:40, 50:50 etc
.
• The proposal with the highest weighted combined score
(quality and cost) shall be selected.
• The weight age of the technical parameters i.e. non-
financialparameters in no case should exceed 80 percent.
Rue 193, Least Cost System (LCS)
• LCS is appropriate for assignments of a standard
• or routine nature (such as audits and engineering
design of non-complex wor k s ) whe r e we l l e s
tabl i shed methodologies, practices and
standardsexist.
• Unlike QCBS, there is no weight age for Technical
score in the final evaluation and the responsive
technically qualified proposal with the lowest
evaluated cost shall be selected.
Rule 194 Single Source
Selection/Consultancy
by nomination
• Only under exceptional circumstance such as:
 tasks that represent a natural continuation of
previous work carried out by the firm;
 in case of an emergency situation, situations
arising after natural disasters, situations where
timely completion of the assignment is of utmost
importance;
 situations where execution of the assignment
may involve use of proprietary techniques or only
one consultant has requisite expertise
Rule194, Consultancy by nomination
• Under some special circumstances, it may become
necessary to select a particular consultant
• adequate justification is available for such single-
source selection
• overall interest of the Ministry or Department.
• Full justification should be recorded in the file
• approval of the competent authority obtained
before resorting to such single-source selection
• ensure that the prices are reasonable and consistent
with market rates for tasks of a similar nature;
Rule195, Monitoring the Contract
• The Ministry/Department should be involved
throughout in the conduct of consultancy,
• continuously monitor the performance of the
consultant(s)
• so that the output of the consultancy is in line
with the Ministry /Department’s objectives
Rule 196 Public competition for Design
of symbols/logos
• Design competition should be conducted in a
transparent, fair and objective manner.
• Wide publicity should be given to the competition so as
to ensure that the information is accessible to all
possible participants in the competition.
• This should include publication on the website of Mini
stry /Department concerned, as also the Central Public
Procurement Portal.
• If the selection has been by a jury of experts
nominated for the purpose, the composition of the jury
may also be notified
Rule 197 ,Non Consulting services
• "Non-Consulting Service" means any
subject matter of procurement (which as
distinguished from ‘Consultancy Services’,
involve physical, measurable
deliverables / outcomes , where
performance standards can be clearly
identified and consistently applied, other
than goods or works, except those
incidental or consequential to the service,
Non consulting Services
• Non consulting Services includes
 maintenance,
 hiring of vehicle,
 outsourcing of building facilities management,
 security,
 Photocopier service,
 janitor, office errand services,
 drilling,
 aerial photography,
 Satellite imagery, mapping etc.
Rule 198 ,OUTSOURCING OF SERVICES
• A Ministry or Department may outsource
certain services
• in the interest of economy and efficiency
• Department may prescribe detailed
instructions and procedures for this purpose
• without, however, contravening the following
basic GFR guidelines.
Rule 199, Identification of likely
contractors
• The Ministry or Department should prepare a
list of likely and potential contractors
• on the basis of formal or informal enquiries
from other Ministries or Departments and
Organizations involved in similar activities,
• scrutiny of ‘Yellow pages’, and trade journals,
if available, web site etc
Rule200 , Preparation of Tender
enquiry
• The details of the work or service to be
performed by the contractor;
• The facilities and the inputs which will be
provided to the contractor by the Ministry or
Department;
• Eligibility and qualification criteria to be met by
the contractor for performing the required
work/service;
• The statutory and contractual obligations to be
complied with by the contractor.
Rule 201, Invitation of Bids:
 For estimated value of the work or service upto Rupees ten
lakhs or less :
 scrutinize the preliminary list of likely contractors as identified
as per Rule 199 above,
 decide the prima facie eligible and capable contractors
issue limited tender enquiry to them asking for their offers
by a specified date and time etc. as per standard practice.
 The number of the contractors so identified for issuing limited
tender enquiry should be more than three
Rule 201, Invitation of Bids
• For estimated value of the work or service
above Rupees ten lakhs:
• The Ministry or Department should issue
advertised tender enquiry asking for the offers
by a specified date and time etc.
• on Central Public Procurement Portal (CPPP )
at www.eprocure.gov.in ,GeM, and web site
of the Ministry or Department
Rule202 ,Late Bids
• Late bids
• bids received after the specified date and time
of receipt, should not be considered
Rule203, Evaluation of Bids
• evaluate, segregate, rank the responsive bids
• select the successful bidder for placement of
the contract
Rule204, Outsourcing by choice
When necessary, in an exceptional situation
 the Competent Authority in the Ministry or
Department may do so in consultation with
the Financial Adviser.
In such cases the detailed justification, the
circumstances leading to the outsourcing by
choice and the special interest or purpose it
shall serve shall form an integral part of the
proposal.
Rule205 Monitoring the Contract
• The Ministry or Department should be
involved throughout in the conduct of the
contract
• continuously monitor the performance of the
contractor
Rule 206
• Any circumstances which are not covered
in Rule 198 to Rule 205 for procurement of
non-consulting services, the procuring
entity may refer Rule 135 to Rule 176
pertaining to procurement of goods and
not to the procurement of consulting
services.
Procurement of  services

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Procurement of services

  • 1. PROCUREMENT OF SERVICES GFR PROVISIONS AVINASH KUMAR GUPTA 05/02/2018
  • 2. Services • Ministries /dept may hire External professionals, consultancy firms, or consultants • For a specific job Which is well defined, in terms of content, Time frame for its completion • Outsource certain services
  • 3. RULE 177 SERVICES • Consulting Service  procurement involves primarily non-physical ,project- specific, intellectual and procedural processes where outcomes/ deliverables would vary from one consultant to another),  other than goods or works, except those incidental or  consequential to the service,  includes professional, intellectual, training and advisory services or any other service  does not include direct engagement of a retired Government servant.
  • 4. Services Examples These Services typically involve providing expert or strategic advice e.g., management consultants ,  policy consultants, Communications consultants, Advisory and project related Consulting Services which include, feasibility studies, project management, engineering services, finance, accounting and taxation services,  training and development etc
  • 5. Rule 178 • The Ministries or Departments may hire external professionals, consultancy firms or consultants (referred to as consultant hereinafter) • for a specific job, which is well defined in terms of content and time frame for its completion.
  • 6. Rule 179 • Detailed instructions to this effect may be issued by the concerned Ministries or Departments. • However, the Ministries or Departments shall ensure that they do not contravene the basic rules contained in this chapter.
  • 7. Rule180 Identification of work/Services required to be performed by consultants • in situations requiring high quality services for which the concerned Ministry/ Department does not have requisite expertise. • Approval of the competent authority should be obtained before engaging consultant(s).
  • 8. Rule 181, Preparation of scope of the required work/service • The Ministries/Departments should prepare simple and concise language  the requirement  objectives  scope of the assignment.  The eligibility and prequalification criteria to be met by the consultants
  • 9. RULE 182, Estimating reasonable expenditure • Ministry or Department proposing to engage consultant(s) should estimate reasonable expenditure by ascertaining the prevalent market conditions  and consulting other organizations engaged in similar activities.
  • 10. Rule 183, Identification of likely sources • upto Rs 25 lakhs, list on the basis of enquiries from other Departments or Chambers of Commerce & Industry, Association of consultancy firms etc. • above Rs 25, additionally an enquiry for seeking ‘Expression of Interest’ from consultants should be published on Central Public Procurement Portal (CPPP) at www.eprocure.gov.in, GeM and on and the Ministry’s web site
  • 11. Expression of Interest • the broad scope of work or service, • eligibility and the pre-qualification criteria • consultant’s past experience in similar work or service • comments of consultants on the objectives and scope of the work or service projected in the enquiry. • Adequate time for getting responses from interested consultants
  • 12. Rule 184, Short listing of consultants • consultants meeting the requirements should be short listed for further consideration. • The number of short listed consultants should not be less than three
  • 13. Rule 185, Preparation of Terms of Reference (TOR) • Precise statement of objectives; • Outline of the tasks to be carried out; • Schedule for completion of tasks; • The support or inputs to be provided by the Ministry or Department to facilitate the consultancy. • The final outputs that will be required of the Consultant
  • 14. Rule 186, Preparation and Issue of Request for Proposal (RFP) • The RFP should be issued to the shortlisted consultants to seek their technical and financial proposals.
  • 15. RFP • A letter of Invitation • Information to Consultants regarding the procedure for submission of proposal . • Terms of Reference (TOR). • Eligibility and pre-qualification criteria incase the same has not been ascertained through Enquiry for Expression of Interest. • List of key position whose CV and experience would be evaluated. • Bid evaluation criteria and selection procedure. • Standard formats for technical and financial proposal. • Proposed contract terms. • Procedure proposed to be followed for midterm review of the progress of the work and review of the final draft report.
  • 16. Rule 187, Receipt and opening of proposals • Proposals should ordinarily be asked for from consultants in ‘Two bid’system. • submit the same by the specified date and time at the specified place. • the technical proposals should be opened first at the specified date, time and place.
  • 17. Rule 188,Late Bids • Late Bids : • bids received after the specified date and time of receipt, should not be considered
  • 18. Rule189, Evaluation of Technical Bids • Technical bids should be analyzed and evaluated by a Consultancy Evaluation Committee (CEC) • . The CEC shall record in detail the reasons for acceptance or rejection of the technical proposals analyzed and evaluated by it.
  • 19. Rule190, Evaluation of Financial Bids of the technically qualified bidders • open the financial bids of only those bidders who have been declared technically qualified by the Consultancy Evaluation Committee as per Rule 174 above • further analysis or evaluation and ranking and selecting the successful bidder • Sign consultancy contract.
  • 20. RULE 191, Methods of Selection/ Evaluation of Consultancy Proposals • The basis of selection of the consultant shall follow any of the methods given in Rule 192 to 194 as appropriate for the circumstances in each case.
  • 21. Rule 192 Quality and Cost Based Selection (QCBS) • where quality of consultancy is of prime concern. • initially the quality of technical proposals is scored as per criteria announced in the RFP. • Only those responsive proposals that have achieved at least minimum specified qualifying score in quality of technical proposal are considered further.
  • 22. (QCBS) • open and score, the Financial proposals of responsive technically qualified bidders • Finally combined score is arrived at by giving predefined relative weightages for the score of quality of the technical proposal and the score of financial proposal.
  • 23. QCBS • The RFP shall specify the minimum qualifying score for the quality of technical proposal • relative weight ages to be given to the quality and cost (determined for each case depending on the relative importance of quality vis-a-vis cost aspects in the assignment, e.g. 70:30, 60:40, 50:50 etc . • The proposal with the highest weighted combined score (quality and cost) shall be selected. • The weight age of the technical parameters i.e. non- financialparameters in no case should exceed 80 percent.
  • 24. Rue 193, Least Cost System (LCS) • LCS is appropriate for assignments of a standard • or routine nature (such as audits and engineering design of non-complex wor k s ) whe r e we l l e s tabl i shed methodologies, practices and standardsexist. • Unlike QCBS, there is no weight age for Technical score in the final evaluation and the responsive technically qualified proposal with the lowest evaluated cost shall be selected.
  • 25. Rule 194 Single Source Selection/Consultancy by nomination • Only under exceptional circumstance such as:  tasks that represent a natural continuation of previous work carried out by the firm;  in case of an emergency situation, situations arising after natural disasters, situations where timely completion of the assignment is of utmost importance;  situations where execution of the assignment may involve use of proprietary techniques or only one consultant has requisite expertise
  • 26. Rule194, Consultancy by nomination • Under some special circumstances, it may become necessary to select a particular consultant • adequate justification is available for such single- source selection • overall interest of the Ministry or Department. • Full justification should be recorded in the file • approval of the competent authority obtained before resorting to such single-source selection • ensure that the prices are reasonable and consistent with market rates for tasks of a similar nature;
  • 27. Rule195, Monitoring the Contract • The Ministry/Department should be involved throughout in the conduct of consultancy, • continuously monitor the performance of the consultant(s) • so that the output of the consultancy is in line with the Ministry /Department’s objectives
  • 28. Rule 196 Public competition for Design of symbols/logos • Design competition should be conducted in a transparent, fair and objective manner. • Wide publicity should be given to the competition so as to ensure that the information is accessible to all possible participants in the competition. • This should include publication on the website of Mini stry /Department concerned, as also the Central Public Procurement Portal. • If the selection has been by a jury of experts nominated for the purpose, the composition of the jury may also be notified
  • 29. Rule 197 ,Non Consulting services • "Non-Consulting Service" means any subject matter of procurement (which as distinguished from ‘Consultancy Services’, involve physical, measurable deliverables / outcomes , where performance standards can be clearly identified and consistently applied, other than goods or works, except those incidental or consequential to the service,
  • 30. Non consulting Services • Non consulting Services includes  maintenance,  hiring of vehicle,  outsourcing of building facilities management,  security,  Photocopier service,  janitor, office errand services,  drilling,  aerial photography,  Satellite imagery, mapping etc.
  • 31. Rule 198 ,OUTSOURCING OF SERVICES • A Ministry or Department may outsource certain services • in the interest of economy and efficiency • Department may prescribe detailed instructions and procedures for this purpose • without, however, contravening the following basic GFR guidelines.
  • 32. Rule 199, Identification of likely contractors • The Ministry or Department should prepare a list of likely and potential contractors • on the basis of formal or informal enquiries from other Ministries or Departments and Organizations involved in similar activities, • scrutiny of ‘Yellow pages’, and trade journals, if available, web site etc
  • 33. Rule200 , Preparation of Tender enquiry • The details of the work or service to be performed by the contractor; • The facilities and the inputs which will be provided to the contractor by the Ministry or Department; • Eligibility and qualification criteria to be met by the contractor for performing the required work/service; • The statutory and contractual obligations to be complied with by the contractor.
  • 34. Rule 201, Invitation of Bids:  For estimated value of the work or service upto Rupees ten lakhs or less :  scrutinize the preliminary list of likely contractors as identified as per Rule 199 above,  decide the prima facie eligible and capable contractors issue limited tender enquiry to them asking for their offers by a specified date and time etc. as per standard practice.  The number of the contractors so identified for issuing limited tender enquiry should be more than three
  • 35. Rule 201, Invitation of Bids • For estimated value of the work or service above Rupees ten lakhs: • The Ministry or Department should issue advertised tender enquiry asking for the offers by a specified date and time etc. • on Central Public Procurement Portal (CPPP ) at www.eprocure.gov.in ,GeM, and web site of the Ministry or Department
  • 36. Rule202 ,Late Bids • Late bids • bids received after the specified date and time of receipt, should not be considered
  • 37. Rule203, Evaluation of Bids • evaluate, segregate, rank the responsive bids • select the successful bidder for placement of the contract
  • 38. Rule204, Outsourcing by choice When necessary, in an exceptional situation  the Competent Authority in the Ministry or Department may do so in consultation with the Financial Adviser. In such cases the detailed justification, the circumstances leading to the outsourcing by choice and the special interest or purpose it shall serve shall form an integral part of the proposal.
  • 39. Rule205 Monitoring the Contract • The Ministry or Department should be involved throughout in the conduct of the contract • continuously monitor the performance of the contractor
  • 40. Rule 206 • Any circumstances which are not covered in Rule 198 to Rule 205 for procurement of non-consulting services, the procuring entity may refer Rule 135 to Rule 176 pertaining to procurement of goods and not to the procurement of consulting services.