(a) Depending upon the cost and nature (generally sophisticated and costly equipment and machinery) of the goods to be purchased, the University may enter into maintenance contracts for suitable period either with the supplier of the goods or with any other competent firm.
(b) While entering into such contract, it may be kept in view that the equipment or machinery is maintained free of charge by the supplier during its warranty period or such other extended periods as the contract terms may provide and the paid maintenance shall commence only thereafter.
Procurement of services
26. Procurement of services, that is, hiring of external professionals (outsourcing of services), consultancy firms or engagement of consultants for a specific job may be done.
27. For the purposes of Regulation 27, the following guidelines shall be followed, namely:-
(1) Identification of work or services - Engagement of consultants may be resorted to in situations requiring high quality services for which the University does not have the requisite expertise with the approval of the competent authority before engaging consultants.
(2) Defining the scope of work or service -
(a) The requirement, objective and scope of the work or service may be explicitly defined in a simple and concise language.
(b) The terms of reference containing the eligibility and pre-qualification criteria to be met by the consultant shall include the following, namely:- ¹Hkkx IIIµ[k.M 4º Hkkjr dk jkti=k % vlk/kj.k 29
(i) precise statement of objectives.
(ii) outline of the tasks to be carried out.
(iii) schedule of completion of tasks.
(iv) the support or inputs to be provided by the University to facilitate the consultancy.
(v) the final output that shall be required of the consultant.
(3) Estimating reasonable expenditure - Reasonable expenditure on the proposed engagement of consultants shall be estimated by ascertaining the prevalent market conditions and consulting other organizations engaged in similar activities.
(4) Identification of likely sources or service -
(i) For services, up to rupees twenty five lakhs, a list of potential consultants shall be prepared on the basis of formal or informal enquiries from other organizations involved in consultancy firms in similar activities.
(ii) For services above twenty five lakhs, in addition to the provision in clause(i), an enquiry for seeking ‘Expression of Interest’ (including in brief, the broad scope of work or service, inputs to be provided by the University, eligibility and the pre-qualification criteria to be met by the consultant and the consultant’s past experience in similar work or service) from consultants shall be published in at least one national daily and the University’s web site and the web site address shall also be given in the advertisements.
(iii) The consultants shall be asked to send their comments on the objectives and scope of the work or service projected in the enquiry and adequate time shall be allowed for getting responses from interested consultants.
(5) Shortlisting of consultants - On the basis of responses received from the interested parties, consultants meeting the requirements shall be shortlisted for further consideration and the number of shortlisted consultants shall not be less than three.
(6) Issue of request for proposal - The short listed consultants shall be issued the Request for Proposal to seek their technical and financial proposals. It shall contain the following, namely:-
(i) a letter of invitation;
(ii) information to consultants regarding the procedure for submission of proposal;
(iii) terms of reference;
(iv) eligibility and pre-qualification criteria in case the same has not been ascertained through enquiry for Expression of Interest;
(v) List of key positions whose Curriculam Vitae and experience shall be evaluated;
(vi) bid evaluation criteria and procedure of selection;
(vii) standard formats for technical and financial proposal;
(viii) proposed contract terms;
(ix) procedure proposed to be followed for mid-term review of the progress of the work and review of the final draft report.
(7) Receipts and opening of proposals -
(a) Proposals shall be asked for from consultants in ‘two-bid’ system with technical and financial bids sealed separately and both the envelopes kept in a bigger envelope duly sealed.
(b) The bid shall be submitted by the specified date and time at the specified place and the bids received after the specified date and time of receipt shall not be considered.
(c) On receipt of bids, the technical proposals shall be opened first.
(8) Evaluation of bids -
(a) The technical bids shall be evaluated by a duly constituted committee or sub-committee and the committee shall record in detail the reasons for acceptance or rejection of the technical proposals.
30 THE GAZETTE OF INDIA : EXTRAORDINARY [PART III—SEC. 4]
(b) The common committee or a separate committee or sub-committee shall open the financial bids of only those bidders who have been declared technically qualified by the committee and the committee shall further evaluate the financial bids for ranking or selecting the successful bidder for award of the consultancy contract.
(9) Selection of a particular consultant by nomination - In special circumstances where it becomes necessary to select a particular consultant in the interest of the University, full justification for such single-source selection shall be recorded on the file and approval of the competent authority obtained before resorting to such single- source selection.
(10) Monitoring the contract - The performance of the consultants shall be continuously monitored so that the output of the consultancy is in line with the objectives of the concerned department or unit.
Outsourcing of Services
28. The following basic guidelines shall be complied with while outsourcing services; namely:-
(1) Identification of likely contractors - The concerned Department or centre or unit shall prepare a list of likely and potential contractors on the basis of formal or informal enquiries from other organizations involved in similar activities, ‘Yellow Pages’, trade journals, web site.
(2) Preparation of tender enquiry - The tender enquiry shall contain the following, namely:-
(i) the details of the work or service to be performed by the contractor;
(ii) the facilities and the inputs which shall be provided to the contractor by the University;
(iii) eligibility and qualification criteria to be met by the contractor for performing the required work or service;
(iv) the statutory and contractual obligations to be complied with by the contractor.
(3) Invitation of bids - (A) For services up to rupees ten lakhs or less-
(i) there shall be scrutiny of preliminary list of identified contractors;
(ii) determination of the prima facie eligibility and capable contractors;
(iii) issue of limited tender enquiry to them asking for their offers by a specified date and time (the number of such identified contractors shall not be less than four).
(B) For services above rupees ten lakhs.- The University shall issue advertised tender enquiry asking for the offers by a specified date and time in at least one popular largely circulated national newspaper and web site of the University as well as on CPP Portal through MEA.
(4) Receipts and Evaluation of Bids -
(i) Bids received after the specified date and time of receipt shall not be considered.
(iii) The responsive bids shall be evaluated, segregated, ranked for selecting the successful bidder for award of the contract.
(5) Outsourcing by choice - In case of an exceptional situation, competent authority in the University may outsource a job to a specifically chosen contractor, in consultation with the Finance Wing of the University.
In such cases, the detailed justification, the circumstances leading to the outsourcing by choice and the special interest or purpose it shall serve shall be recorded in writing which will form an integral part of the proposal.
(6) Monitoring the contract - The conduct and performance of the contract shall be monitored continuously.
¹Hkkx IIIµ[k.M 4º Hkkjr dk jkti=k % vlk/kj.k 31
29. In respect of all regulations contained herein, to the extent that there are similar provisions in GFR and DFPR, they shall apply unless specific exemptions have been granted. For seeking such exemptions, proposal may be submitted to the Ministry of External Affairs for approval by the Competent Authority.
30. In respect of all provisions which are not covered under these regulations, the provisions of GFR, DFPR and instructions issued by the Ministry of Finance from time to time as applicable, shall apply.
DR. ANUPAM RAY, Jt. Secy. (Nalanda) [ ADVT-III/4/Exty/191-D/13] Printed by the Manager, Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.