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Bid Security

The document is an office memorandum from the Government of India's Ministry of Finance regarding bid security, also known as earnest money deposits, for government contracts. It summarizes representations received about the current financial crunch affecting contractors' ability to bid for tenders. It reiterates relaxations provided in General Financial Rules 2017 exempting micro, small enterprises and some registered firms from bid security. Going forward, bid documents should not include any bid security provisions and only allow for bid security declarations instead. Approval is required from higher authorities for cases still requiring bid security. The instructions apply to all procurement until December 31, 2021.

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29 views2 pages

Bid Security

The document is an office memorandum from the Government of India's Ministry of Finance regarding bid security, also known as earnest money deposits, for government contracts. It summarizes representations received about the current financial crunch affecting contractors' ability to bid for tenders. It reiterates relaxations provided in General Financial Rules 2017 exempting micro, small enterprises and some registered firms from bid security. Going forward, bid documents should not include any bid security provisions and only allow for bid security declarations instead. Approval is required from higher authorities for cases still requiring bid security. The instructions apply to all procurement until December 31, 2021.

Uploaded by

Ankush
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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No. F.

9/4/2020-PPD
Government of lndia
Ministry of Finance
Department of Expenditure
Procurement Policy Division

512, Lok Nayak Bhawan, New Delhi


Dated the 12th November 2O2O

OFFICE MEMORANDUM

Subject: Bid Security/ Earnest Money Deposit.

The Government is in receipt of many representations that on account of


slowdown in economy due to the pandemic, there is acute financial crunch among
many commercial entities and contractors, which in turn is affecting timely execution
of the contracts. lt has also been represented that this may affect the ability of
contractors to bid in tenders and hence reduce competition. Requests are being
received for reduction in quantum of Security Deposits in the Government contracts.

2. As per Rule 170 of General Financial Rules (GFRs) 2017, Micro and Small
Enterprises (MSEs) and the firms registered with concerned Ministries/ Departments
are exempted from submission of Bid Security. Further, in lieu of Bid Security,
Ministries/ Departments may ask bidders to sign "Bid Security Declaration" accepting
that if they withdraw or modify their bids during period of validity etc., they will be
suspended for the time specified in the tender documents. Similar provisions also
exist in the Manuals for Procurement of Works 2019 and Manual for Procurement of
Consultancy & other Services 2017.

3. ln this context it is noted that Bid Security (also known as Earnest Money
Deposit) is still being taken from the contractors by the various Ministries/
Departments, though the relaxations have already been provided in General
Financial Rules (GFRs) 2017.

4. ln view of above, it is reiterated that notwithstanding anything contained in


Rule 171 of GFRs 2017 or any other Rule or any provision contained in the
Procurement Manuals, no provisions regarding Bid Security should be kept in
the Bid Documents in future and only provision for Bid Security Declaration
should be kept in the Bid Documents.

5. Wherever, there are compelling circumstances to ask for Bid Security, the
same should be done only with the approval of the next higher authority to the
authority competent to finalise the particular tender or the Secretary of the Ministry/
Department, whichever is lower.

6. The above instructions will be applicable for all the tenders issued till
31.12.2021.
7 ' These instructions will be applicable for all kinds of procurements viz. Goods,
Consultancy, Works, non-consulting Services etc and are issued under Rule 6(1)
oi
the GFRs 2017.

K,'''-'L9/,
(Kotluru Narayana Rfiat) -
Deputy Secretary to the Govt. of lndia
Tet:24021305
Email: [email protected]

To,

Allthe secretaries and FinancialAdvisers to Government of lndia

Copy to: Secretary, Department of Public Enterprises with a request to issue the
same instructions to central public sector Undertakings (cpsUs).

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