Rule 159 of The General Financial Rules 2017 EPublishing
Original Rule Text
(i) It is mandatory for all Ministries/ Departments of the Central Government, their attached and Subordinate Offices and Autonomous /Statutory Bodies to publish their tender enquiries, corrigenda thereon and details of bid awards on the GeM- Central Public Procurement Portal (GeM-CPPP).
(ii) Individual cases where confidentiality is required, for reasons of national security, would be exempted from the mandatory e-publishing requirement. The decision to exempt any case on the said grounds should be approved by the Secretary of the Ministry/ Department with the concurrence of the concerned Financial Advisor. In the case of Autonomous Bodies and Statutory Bodies’ approval of the Head of the Body with the concurrence of the Head of the Finance should be obtained in each such case. Statistical information on the number of cases in which exemption was granted and the value of the concerned contract should be intimated on a Quarterly basis to the Ministry of Finance, Department of Expenditure.
(iii) The above instructions apply to all Tender Enquiries, Requests for Proposals, Requests for Expressions of Interest, Notice for pre-Qualification/ Registration or any other notice inviting bids or proposals in any form whether they are advertised, issued to limited number of parties or to a single party.
(iv) Deleted.
(v) These instructions would not apply to procurements made in terms of provisions of Rules 154 (Purchase of goods without quotations) or 155 (Purchase of goods by purchase committee) of General Financial Rules.
Visual Summary
All tender details must be published on GeM-CPPP.
National security cases can be exempted with approval.
Applies to all tender enquiries, RFPs, EOIs, etc.
Executive Summary
Rule 159 of The General Financial Rules, 2017 mandates e-publishing for all Central Government Ministries, Departments, and Autonomous Bodies for tender enquiries, corrigenda, and bid awards on the GeM-Central Public Procurement Portal (GeM-CPPP). It allows for exemptions in cases requiring confidentiality due to national security, provided approval is obtained from the Secretary of the Ministry/Department with Financial Advisor concurrence. The rule applies broadly to various forms of procurement notices but specifically excludes procurements covered under Rules 154 (without quotations) and 155 (by purchase committee).
In-Depth Analysis of Rule 159 of The General Financial Rules, 2017
Rule 159 is a cornerstone of transparency in public procurement, ensuring that information regarding government tenders and awards is publicly accessible. This rule aims to foster fair competition and accountability by leveraging digital platforms for wider dissemination.
Breakdown of the Rule:
- Mandatory E-Publishing: All Central Government entities, including Ministries, Departments, attached/subordinate offices, and autonomous/statutory bodies, must publish tender enquiries, corrigenda, and bid award details on the GeM-Central Public Procurement Portal (GeM-CPPP). This ensures a centralized and accessible platform for procurement information.
- Exemptions for Confidentiality: The rule provides a critical exception for cases where national security necessitates confidentiality. Such exemptions require explicit approval from the Secretary of the Ministry/Department, with the concurrence of the Financial Advisor. For Autonomous Bodies, approval from the Head of the Body with the concurrence of the Head of Finance is required. Statistical data on these exemptions must be reported quarterly to the Ministry of Finance.
- Scope of Application: The instructions under Rule 159 are broad, covering all forms of procurement solicitations, including Advertised Tender Enquiries, Requests for Proposals (RFPs), Requests for Expressions of Interest (EOIs), and notices for pre-qualification/registration, regardless of whether they are widely advertised or issued to a limited number of parties.
- Exclusions: Importantly, the rule explicitly states that its provisions do not apply to procurements made under Rule 154 (Purchase of goods without quotation) or Rule 155 (Purchase of goods by purchase committee) of the General Financial Rules, 2017.
Practical Example:
A Ministry plans to procure new IT equipment. According to Rule 159, it must publish the tender enquiry, any subsequent amendments, and the final bid award details on the GeM-CPPP. If, however, the procurement involves highly sensitive defense technology, the Ministry’s Secretary, with the Financial Advisor’s concurrence, could approve an exemption from e-publishing, citing national security. This decision would then be reported to the Ministry of Finance quarterly.
Related Provisions
Rule 159 should be read in conjunction with other rules governing procurement and financial management:
- Rule 154 of The General Financial Rules, 2017 (Purchase of goods without quotation): This rule outlines conditions for procurement without inviting bids, which are explicitly excluded from Rule 159’s e-publishing mandate.
- Rule 155 of The General Financial Rules, 2017 (Purchase of goods by Purchase Committee): Similar to Rule 154, procurements made through a Purchase Committee are also exempted from the e-publishing requirements of Rule 159.
- Rule 160 of The General Financial Rules, 2017 (E-Procurement): This rule details the mandatory e-procurement procedures, complementing Rule 159’s focus on e-publishing by outlining how bids are to be received electronically.
Learning Aids
Mnemonics:
- E-Publishing: Everyone Publishes. Except Protected.
Process Flowchart:
Multiple Choice Questions
1. Which portal is mandatory for all Central Government Ministries/Departments to publish tender enquiries under Rule 159 of the General Financial Rules, 2017?
- A) Central Procurement Portal (CPP)
- B) Government e-Marketplace (GeM-CPPP)
- C) Ministry of Finance Portal
- D) Departmental Websites
Show Answer
Correct Answer: B) Government e-Marketplace (GeM-CPPP)
2. Under Rule 159 of the General Financial Rules, 2017, what is a valid ground for exempting an individual case from mandatory e-publishing?
- A) Administrative convenience
- B) Low estimated value of procurement
- C) Reasons of national security
- D) Lack of available suppliers
Show Answer
Correct Answer: C) Reasons of national security
3. Who must approve an exemption from e-publishing for a Ministry/Department due to national security reasons, according to Rule 159 of the General Financial Rules, 2017?
- A) The Head of the Department only
- B) The Secretary of the Ministry/Department with Financial Advisor concurrence
- C) The Minister-in-charge
- D) The Comptroller and Auditor General
Show Answer
Correct Answer: B) The Secretary of the Ministry/Department with Financial Advisor concurrence
4. Rule 159 of the General Financial Rules, 2017, regarding e-publishing, applies to which of the following?
- A) Only Advertised Tender Enquiries
- B) Only Requests for Proposals (RFPs)
- C) All Tender Enquiries, RFPs, and Requests for Expressions of Interest
- D) Only procurements issued to a limited number of parties
Show Answer
Correct Answer: C) All Tender Enquiries, RFPs, and Requests for Expressions of Interest
5. Which types of procurements are explicitly excluded from the e-publishing instructions of Rule 159 of the General Financial Rules, 2017?
- A) Procurements involving foreign suppliers
- B) Procurements for high-value plant and machinery
- C) Procurements made under Rule 154 (without quotations) or Rule 155 (by purchase committee)
- D) Procurements for services, not goods
Show Answer
Correct Answer: C) Procurements made under Rule 154 (without quotations) or Rule 155 (by purchase committee)
Frequently Asked Questions
Q: What is the primary objective of Rule 159 of The General Financial Rules, 2017?
A: The primary objective is to enhance transparency, competition, and fairness in public procurement by mandating the e-publishing of tender enquiries, corrigenda, and bid awards on the GeM-Central Public Procurement Portal (GeM-CPPP).
Q: Can any procurement be exempted from e-publishing under Rule 159 of The General Financial Rules, 2017?
A: Yes, individual cases requiring confidentiality for reasons of national security can be exempted. This requires specific approval from the Secretary of the Ministry/Department with the concurrence of the Financial Advisor (or Head of Body/Head of Finance for Autonomous Bodies).
Q: Does Rule 159 of The General Financial Rules, 2017 apply to all types of procurement notices?
A: Yes, it applies broadly to all Tender Enquiries, Requests for Proposals, Requests for Expressions of Interest, and notices for pre-Qualification/Registration, whether advertised widely or issued to a limited number of parties. However, it explicitly excludes procurements under Rules 154 and 155.
Key Takeaways
- Rule 159 mandates e-publishing of tender information on GeM-CPPP for Central Government entities.
- Exemptions are possible for national security reasons, requiring high-level approval and quarterly reporting.
- The rule applies broadly to all forms of procurement solicitations but specifically excludes procurements under Rules 154 and 155.
- It aims to promote transparency, competition, and accountability in government procurement processes.
Conclusion
Rule 159 of The General Financial Rules, 2017, is a vital regulation for modernizing and transparentizing government procurement. By mandating e-publishing, it ensures that public funds are utilized through a fair and open process, while also providing necessary flexibility for sensitive national security matters. Adherence to this rule is crucial for maintaining public trust and fostering an an efficient procurement ecosystem.