DMM/II/PP/0000207/M/3041/D(R&D) Government of India Ministry of Defence Deptt of Defence Research & Development New Delhi, 15th Oct 2007

CORRIGENDUM No: 2

Purchase Management 2006 document issued vide Govt. letter No DMM/PP/0000205/ M/868/D(R&D) dated 22nd March 2006 and amended vide letter No DMM/PP/0000206/M/2386/D(R&D) dated 21st Aug 2006 is further amended as under: -

A.

Chapter 6,on page 20, para 6 For : Entries at para 6 (a), (b) and (c) Read : (a) Cash purchase will normally be resorted to up to Rs. 15,000/ -(Rs. Fifteen thousand) per item in respect of the following cases: (i) For petty small value items.
(ii) For procurement of unanticipated, emergent and shutdown purchases required to be made at a short notice in the event of breakdown or crisis. (iii) To meet urgent requirements of parts/ components for trials of major equipment and systems at outstation.

CFA will ensure that splitting of demands is avoided. b) In the following types of cases, even though the value does not exceed Rs 15,000/ - (Rs fifteen thousand) regular purchase orders may also be placed: (i) Foreign purchase (ii) Where the sale procedure of a particular supplier does not provide for cash sale, and (iii) Where the nature of transaction makes it necessary to issue a regular purchase order.

c) Relaxation in the normal cash purchase procedure will be allowed for Labs/Estts located in remote/snowbound areas such as FRL, DRL, DARL, DFRL, SASE, ITM etc, for purchasing perishable items or for procurements involving high fluctuations in prices. The monetary limit for such relaxation will be Rs 30,000/ - (Rupees Thirty thousand) only. (d) Purchase of goods by purchase committee: Purchase of goods costing above Rs. 15,000/- (Rupees Fifteen Thousand) only and upto Rs. 1,00,000/- (Rupees One lakh) only on each occasion may be made on the recommendations of a duly constituted Local Purchase Committee consisting of three members of an appropriate level as decided by the Director of Lab/Estt. The committee will survey the market to ascertain the reasonableness of rate, quality and specifications and identify the appropriate supplier. Before recommending placement of the purchase order, the members of the committee will jointly record a certificate as under. "Certified that we ________________, members of the purchase committee are jointly and individually satisfied that the goods recommended for purchase are of the requisite specification and quality, priced at the prevailing market rate and the supplier recommended is reliable and competent to supply the goods in question." CFA will ensure that splitting of demands is avoided.

B.

Chapter 7, Page No 25 and 26,Para 7.6 For: Entries at Para 7.6 (a) to (e), Read: 7.6 LIMITED TENDERS: This mode of tendering may be chosen when estimated value of goods to be procured is up to Rs. 25 lakh (Rupees Twenty five lakh). Purchase through Limited Tender Enquiry may also be adopted even where the estimated value of the procurement is more than Rs 25 lakh (Rupees twenty-five lakh), in the following circumstances as per the delegated financial powers in vogue.

(a) When the sources of supply are definitely known and are limited. (b) When it is not in the public interest to call for open tenders due to reasons of security or when superior authorities have issued specific instructions in this regard. (c) When Government policies designate specific agencies. (d) When open tender system adopted during previous one year has established sufficient and assured sources of supply at competitive rates. (e) When the requirement of stores is urgent and the desired delivery schedule cannot be met if open tenders are invited, the indenting officer must place on record, the nature of the urgency and why the demand could not be anticipated earlier. Urgency of such cases will be specifically monitored till the placement of order.
(f) EPC approval issued by DMM in all cases shall include the names of the vendors to whom the Tender enquiries must necessarily be sent in addition to others.

C.

Chapter 7, Page No 36,Para 7.18.1 For: Entries at Para 7.18.1 Read: 7.18.1 (a) TPC/NC members will thoroughly scrutinize the techno commercially acceptable offers of the vendors in relation to all points mentioned in Para 7.18 above, with a view to derive maximum advantage for successful materialization of the procurement within time schedule at the most favorable rate and payment terms. In order to determine L1 ( from all Indian bidders) the financial implication should be considered on the basis of all inclusive cost (viz. Basic price, taxes, freights, insurance etc. payable by the DRDO Lab/Estt after availing various benefits of exemptions from taxes/duties as applicable to DRDO from time to time) to the State on delivery to the designated consignee i.e. L1 determined on the basis of total cash out flow from Lab/Estt. (b) In case of foreign supplier, the basic cost (CIF) quoted by supplier should be the basis for the comparison of various tenders. Incase of indigenous suppliers, ED on fully formed equipment be offloaded. ST and other local levies would be ignored in case of indigenous supplier and Defence PSUs/OFs.

The payment conditions/terms should be similar for domestic private supplier, Defence PSUs/OF and the foreign supplier. D. Chapter 7, Page No 43, Para 7.32.4 For: Existing entries at Para 7.32.4 Read: 7.32 .4 Normally the duration of a rate or running contract should be for a period not exceeding three years. In special cases, with the approval of CFA, a shorter or longer period of contract may be entered into. No extension to validity of the contract is required when deliveries against outstanding supply orders continue after expiry of the validity period. The contract will remain alive for the purpose of delivery for all the stores ordered during the validity of the contract until deliveries are completed. In the event of fall in prices recourse to safeguard provisions of Fall Clause and short closure of the contract may be taken recourse to. E. Chapter 7, Page No 41, Para 7.29 For: Existing entries at Para 7.29(d) Read: 7.29(d) The repeat order is placed within six months from the date of supply and only once by the Lab/Estt, the total quantity to be ordered /purchased on repeat order does not exceed 50% of original order. However if the original order was for single quantity, repeat order can be made for the same. F. Chapter 3, Page No 9, Para 3.4.1 Add: After para 3.4.1 add the following

3.4.2

Grounds for Banning of Business Dealings

The ground of on which banning may be ordered are: (i) (ii) If security considerations including question of loyalty to the State so warrant. If the Proprietor of the firm, its Employees, Partner or Representative is convicted by a court of law following prosecution for offences involving moral turpitude in relation to the business dealings. If there is strong justification for believing that the proprietor or Employee or Representative of the firm has been guilty of malpractice such as

(iii)

(iv)

(v)

bribery, corruption, fraud, substitution of tenders, interpolation, misrepresentation, evasion, habitual default in payment of any tax levied by law etc. If the firm continuously refuses to return Government dues without showing adequate cause and the Government are satisfied that this is not due to reasonable dispute which would attract proceeding in arbitration or court of law, and If the firm employs a government servant, who has been dismissed or removed on account of corruption or employs a non-official convicted for an offence involving corruption or abetment of such an offence, in a position where he could corrupt government servants.

G.

Chapter 7, Page No 27, Para 7.10 For: Existing entries at Para 7.10, other sub Paras remain unchanged Read:
7.10 EARNEST MONEY DEPOSIT (EMD) : EMD also known as

Bid Security is taken to safeguard against a bidders withdrawing / altering its bid during the bid validity period All tenderers other than those registered with DGS&D/any DRDO Lab or Estt/any other Government Deptt, offering their quotations in response to open tender enquiries, will be asked to remit EMD, an amount equivalent to 2 per cent of the estimated value subject to a maximum of rupees two lakh along with their bids.. Organisations such as KVIC, Kendriya Bhandar/NSIC will be treated as registered vendors. In terms of Para 7.6.1, limited tender enquiries are to be issued to registered vendors only, who are exempted from remitting EMD. Requirement of EMD prevents non-serious vendors from making infructuous offers. EMD will be refunded in full to the unsuccessful bidders after finalisation of the supply order. In case of successful bidder, this amount will be refunded after submission of the security deposit. Submission of EMD is not necessary for a contract value upto Rs.1 lakh. The EMD may be accepted in the form of Bank Draft drawn in favour of the Director of the Lab/Estt, Fixed Deposit Receipt, Bankers Cheque or a Bank Guarantee in acceptable form, from any of the commercial Banks, safeguarding the purchasers interest in all respects. The EMD should remain valid for a period of 45 days beyond the final tender validity period.

H.

Chapter 7, Page No 41, Para 7.28 After: Para 7.28.2 add the following:

7.28.3: Cancellation of S.O/Contract for Default (i) The purchaser may, without prejudice to any other remedy for breach of contract, by written notice of default sent to the supplier, terminate the contract in whole or in part: a) If the supplier fails to deliver any or all of the stores within the time period(s) specified in the contract, or any extension thereof granted by the Lab/Estt; or b) If the supplier fails to perform any other obligation under the contract within the period specified in the contract or any extension thereof granted by the Lab/Estt. (ii) In the event the Lab/Estt terminates the contract in whole or in part; the Lab/Estt may take recourse to any one or more of the following action. a) the Security Deposit is to be forfeited; b) the purchaser may procure, upon such terms and in such manner, as it deems appropriate, stores similar to those undelivered, and the supplier shall be liable for all available actions against it in terms of the contract. c) However, the supplier shall continue to perform the contract to the extent not terminated. (iii) These provisions at sub paras (i) & (ii) of this para are to be included in all S.Os / Contracts. I. Chapter 12, Page No 89, Para 12.2. After: Para 12.2.6, add the following: Add Para 12.2.7 Ordinarily, all claims against Payment against Time Barred Claims: Government are time barred after a period of three years calculated from the date when the payment falls due unless the payment claim preferred has been under correspondence. However, limitation is saved if there is an admission of liability to pay, and fresh period of limitation starts from the time such admission is made. Time Barred Claims cases will be sent to

DMM/DRDO Hqrs for necessary approval with concurrence of local CDA(R&D) that subject payment has not been made.

J.

Chapter 7, Page No 24, Para 7.2.1(ix) After: At the end of Para 7.2.1(ix) add the following: Subsequent to short listing of vendors through EOI, purchase procedure as per Limited Tender may be followed.

K.

Chapter 7, Page No 34, Para 7.17.2. In order to implement clause 5.10 of DPM- 2006 pertaining to apportionment of quantity, para 7.17.2 (e) and 7.17.2(f) of PM-2006 is hereby deleted.

L.

Chapter 7, Page No 25, Para 7.5.1. For: Para 7.5.1 Read Para 7.5.1 In the event of single response or if TEC short lists one vendor only against a Open/Global tenders and where reformulation of specifications is not possible due to unique requirement of Lab/Estt, Single Tender approval may be taken from CFA for such procurement subject to confirmation by the concerned Tech Dte at DRDO Hqrs in respect of generic nature of specifications given in tender enquiry.

M.

Chapter 7, Page No 43, Para 7.32.3. For: In Para 7.32.3 at line3 of page no 43 for Rs. 50,000/ Read: Rs. 5,00,000(Rs five lakh only)

N.

Chapter 7, Page No 50, Para 7.44.1. For: Existing para 7.44.1 at page 50 Read:
7.44.1 Directors of Labs/Estts are authorised to extend DP of all contracts/supply orders up to a period of one year beyond the stipulated delivery schedule in the supply order, with imposition of LD. Beyond this period, extensions will be accorded by DRDO HQrs through DMM.