Jammu, May 2: All administrative departments of J&K government have been asked to caution their subordinate offices against the creation of work related bids on Government e-Marketplace (GeM).
Instead they should use a suitable procurement portal (jktenders.gov.in) for issuance of works related tenders, it was ordered.
The departments have also been asked to direct their subordinate officers to refrain from creating Custom or Bills of Quantities (BoQ) bids for any item for which a regular category is available on GeM.
They have been cautioned that GeM will “cancel any bid created by the buyer using Custom or BoQ bid method for which regular categories exist on GeM, irrespective of the stage up to which the bid has progressed.”
These set of instructions have been issued by the Director General (DG) Codes, Finance Department in two separate circulars after noticing irregular procurement of works on GeM and also its (GeM platform’s) misuse by way of creating Custom or BoQ bids for any item for which regular catalogue or category-based bidding is available on it (GeM).
The Government e-Marketplace (GeM) has been set up as a National Public Procurement Portal by the Union Cabinet for facilitating procurement of Goods and Services required by central and state government organizations. The initiative was launched to create an open and transparent procurement platform for government buyers.
“It has come to the notice of the Finance Department that buyers are misusing the GeM platform by opting for BoQ based bidding or custom catalogue based bidding for cases that are possible through regular catalogue or category-based bidding. As Custom or BoQ bids are manually created by buyers, the bidders and their product offerings in such bids are not validated by GeM. In Custom or BoQ bids, the credentials of sellers on their authorization by the Original Equipment Manufacturer (OEMs) are not validated since there is no pre-uploaded catalogue or OEM mapping possible,” DG Codes has stated.
He has cautioned that Custom catalogue and BoQ based bidding is not to be resorted to in respect of items for which regular categories exist on GeM.
“This is particularly important in respect of Information Technology, Cyber Security, Surveillance and Medical Equipment categories etc., where there is possibility of data transfer through the equipment. In addition, adequate care needs to be taken by the Buyer to ensure compliance of the restrictions under Rule 144(xi) of GFR, 2017, MSE and MII Purchase Preference while creating Custom or BoQ based bids for categories not available on GeM,” he has directed.
He has cautioned that GeM will be constrained to cancel any bid created by the buyer using Custom or BoQ bid method for which regular categories exist on GeM, irrespective of the stage up to which the bid has progressed.
“Buyers are necessarily required to refrain from creating Custom or BoQ bids for any item for which a regular category is available on GeM. Accordingly all the Administrative Departments are advised to direct their subordinate officers to refrain from creating such bids,” DG has directed.
He has pointed out that GeM, presently, has the mandate to facilitate procurement of Goods and Services only and does not have mandate for procurement of works.
“It has been observed by GeM, that the bids for procurement of works are being published by several buyers on the GeM portal, either as “Custom bid for services” or BoQ (Bills of Quantities) bids. As per GeM, the range of service providers registered on GeM for custom bids or BOQ bids may not be having the expertise in “works contract” and GeM has also not evaluated their credentials from the perspective of a works contract,” DG Codes has noted with concern.
“This may lead to unsatisfactory performance by the service providers against the works contract concluded through GeM, besides the possibility of higher rates. Consequently, the buyers issuing such bids have been advised to cancel works related bids floated on GeM portal and to utilize suitable procurement portal for issuance of works related bids. In some cases GeM has also cancelled these bids,” it has been pointed out.