
1. Relevant Legislation
1.1 What is the relevant legislation, and, in outline, what does each piece of legislation cover?
There is no singular legislation that encompasses all aspects of public procurement in India. Instead, the Department of Expenditure (“DoE”), Ministry of Finance, Government of India has issued the General Financial Rules (“GFRs”), which comprise of rules and orders that are treated as executive instructions, to be observed by all entities to whom the GFRs are appliable (“procuring entities” as detailed in question 2.1), while dealing with matters involving public finances. While the GFRs serve as a regulatory framework, it is not covered under any statute. Notably, Chapter 5 of the GFRs exclusively deals with procurement of works and Chapter 6 of the GFR deals with procurement of goods and services and extends to procurement of works.
In addition to the GFRs, the Manual for Procurement of Goods, 2024 (“MPG”), Manual for Procurement of Services, 2017 (“MPS”) and Manual for Procurement of Works, 2019 (“MPW”) (collectively referred to as “manuals for procurement”) serve as broad guidelines.
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