Make In India Violation by states in their procure,ent procedures

Make In India Violation by states in their procure,ent procedures

8 June 2022
Signatures: 9Next Goal: 10
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Why this petition matters

It has been noticed that many of our members are participating in tenders announced on GeM Portal.  It is observed that many state governments are not following Make in India norms which prevents the Indian Manufacturing Bidders to bid. 


The buyer asks for Unreasonable Foreign Certification whereas the OEM Companies already possess BIS Certificates.
The also ask for unreasonable turnovers. In certain cases it was found that buyer is asking for 1:100 ratio of Contract value vs Turnover.
They add some technical qualification which prevents Indian manufacturers. 
In certain cases the buyer asks for particular brand.


As per CVC guideline (No.98/ORD/1 Copy attached) it is a clear violation of MII, the bids must be accepted on Specification and price criteria from any Indian OE Companies. 
As per the procedures of E-Procurement and the basic principles of Tendering, the buyer cannot ask for a particular brand. The bids must be finalized on the Technical and commercial criteria. State government misuses the provision to have Addition Terms and Condition where they add all the above unwanted clauses and then reject the bidder on the basis of this.

State Government must sink their procurement procedures with GeM Portal.
Government of India can pass an executive order asking states, not to add unreasonable clauses under the heading “ADDITIONAL TERMS & CONDITIONS”
The turnover criteria should be fixed at 1:2 ratio, delivery performance and after sales services.
A pre-bid meeting must be made compulsory before publishing a tender.
RFP must be written by an independent agency confidentially without an interference of any bureaucrat or political system.

An average of 2 grievance is raised by CIMEI at DPIIT Portal and our grievance resolved but always there is a message stating, “the orders issued by them are not applicable for the states and its subordinate bodies but considering it the Indian Manufacturer, the case must be reviewed”. Does that mean that whatever orders are issued by central government is not applicable to state governments. We at CIMIE strongly support the promotion of Make in India Mission and Atamanirbhar Bharat Mission. 

I seek your help to resolve this issue permanently by posting an executive to all the states and ensure strictly follow the procedures of Make in India. This petition is supported by valid evidences. 

If this matter is resolved then every MSME who is doing business with Central Government & It's Subsidaries, State Government, Local Bodies, Cooperative Bodies will have fair bidding and the MSME will grow exponentially.

Looking forward for your immediate and effective response. 

Sincerely yours

Jairaj Srinivas
Director General
Confederation of Indian MSME in ESDM & IT

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Signatures: 9Next Goal: 10
Support now