Wednesday 20 November 2013

C-DEP Position on Public Procurement Issues


1.    Table of Contents







2.    Executive Summary

The Centre for Digital Economy Policy Research (C-DEP) supports the Indian government’s decision to create a single guideline for public procurement as outlined in the Public Procurement Bill 2012. With a view to synchronize the Government’s procurement policies as currently followed by the DGS&D with the PPB 2012, C-DEP’s observations are given in the following document.
C-DEP recommends that
a)      Payment terms, should be revised to a 98:2 ratio from the current 50:50 ratio,
b)      The Ministry of Finance reinstates the Suspense Account, and creates a reliable screening mechanism till such time that the Suspense Account is reinstated,
c)       The Chief Controller of Accounts (CCA) strengthens the payment process by tracking and updating the registration of authorized signatories who can ask payments to be released to vendors,
d)      DGS&D rate contracts allow for a structured process for product upgradation during the time period of a rate contract,
e)      The DGS&D moves towards accepting digitally signed documents that do not require ink signed backup copies,
f)       OEM test reports in case of ERTL certification requirements be accepted by DGS&D, and
g)      The DGS&D creates a mechanism for seamless validity of rate contracts.







3.    Background



There is currently no single guideline for public procurement in India. In order to strengthen the public procurement process, the Government of India has taken a stand to streamline all public procurement. As a first step, the government, through the Ministry of Finance, has formulated a draft Public Procurement Bill 2012 which will govern the procurement process for all central government and PSUs in the country.

However, while the decision to create a single guideline for procurement comes at the right time, the exercise can be further strengthened by streamlining it with existing procurement rules. This position paper by C-DEP is based on a holistic, view of what is required to ensure transparency and effectiveness in public procurement since the guidelines need to be viewed and would work in conjunction with each other rather than each in isolation.




4.    Payment terms


As a part of the initiatives undertaken by the Government of India to implement anti-corruption measures and strengthen the public procurement process, the Ministry of Commerce has initiated several steps including discontinuation of the suspense account, revision of payment terms for all public procurement through the Directorate General of Supplies and Disposals (DGS&D), and steps to take the entire public procurement process online.
                                                 
These steps have come at a time when the Indian economy is in need of stringent anti-corruption measures. Such measures will increase the transparency of the Indian public procurement process and in turn will boost the nation’s credibility, as well as discourage unscrupulous vendors. However, there is an anomaly.

One of the measures states that the Chief Controller of Accounts (CCA) will make a payment of 50% of the total value of the bill at the time of submission of Proof of Dispatch (POD) to CCA, and balance 50% would be released after the end customer confirms in writing to the CCA that they are in receipt of the goods. While this minimizes the government’s exposure to 50%, it does not serve as a means to check intentional fraud. For all practical purposes, all it does is maintain a control on vendors so that the after sales service needs of the end customer is met satisfactorily for a limited period of time.

More significantly, such a measure is liable to severely restrict market growth for sectors for whom government business accounts for a significant portion of their revenue. This also goes against the government’s effort to woo investments into the country in areas where domestic manufacturing has not yet become competitive on a global level.

Keeping in mind that the IT Hardware sector has been identified by the National Manufacturing Competitiveness Council as a thrust area that will serve as a high growth segment to pull the overall economy to a 9% growth path, we would request that DGS&D favourably considers that the IT sector be allowed to claim 100% payment on delivery from CCA until such time that the IT industry has gained critical mass in terms of domestic manufacturing.

As an additional control point to prevent fraud, we would suggest that the CCA write to each end customer seeking their approval in writing within a specified timeframe, mentioning that unless CCA hears from them in writing otherwise, the payments would be released by the CCA.

5.    Discontinuity of suspense account


DGS&D has issued a notification that with effect from July 2012, unless the end customer has sufficient credit balance, CCA will not make any payments to the vendor even if an order has been executed. Vendors do not have any visibility to the credit limits of end customers, and are not in a position to discern. Additionally, if a customer has placed orders on multiple vendors at the same time, there is a risk of only the first supplier getting paid, as there is no internal system of checks and balances in DGS&D to stop a customer from placing multiple orders simultaneously.
HP would request that the suspense account be reinstated as per earlier norm. Alternately, DGS&D may set up a screening system so that end users without sufficient credit balance may not place orders at all to vendors.




6.    Signature registration with CCA


CCA is supposed to have with them a list of signatories with authenticated signatures for Indentor & Consignee, before releasing payment . We can compare this to a bank allowing cheque credit /encashment, post signature verification. Currently CCA does not maintain the list of authorized signatories, and the system is defunct. However, CCA plans to restart this from September 2012. Authorized signatories change regularly, and payment cycles should not suffer due to this.




7.    Product Upgradation


Issue: Under the news terms, DGS&D product upgradation are not allowed during the term of a Rate Contract.
Impact: As we are all aware, the Information Technology industry is highly dynamic and products are constantly upgraded every three to twelve months. In addition, the ecosystem is inter-dependent which means that technology decisions are multi-lateral. Product upgradation not being allowed during the term of a RC will lead to IT vendors stopping supply of that particular product. In addition, customers will be deprived of choice and new technology since upgradation is not allowed. DGS&D shares the industry’s vision of providing customers products with the latest technology, and the above policy would run against this stated objective.
 Recommendation: We, therefore, suggest that DGS&D instill a process of reviewing technical upgrades for IT products on a quarterly basis and allow all IT vendors to submit their requests for upgraded or new model amendments, if any. Technology upgradations which are met at the same price points as agreed in the ongoing RC should be accepted by DGS&D.  At the beginning of every quarter a week’s window could be allocated for technical upgradation requests from IT vendors. This process will help DGS&D and customers make provisions for new technology.




8.    Acceptance of Ink signed/Digital signed documents


Issue: In the new terms, DGS&D has reverted to an older policy where online processes are required to be authenticated by physically signing (ink signed) and stamping copies all documents. This older process has been introduced as online I-calls are still not streamlined and there have been instances where online I-Calls do not show details such as complete name, date of visit, address and so on.
Impact: This process inordinately delays inspection, execution and all other related processes. As a process it works against streamlining business processes and reducing product delivery time to customers.
Recommendation: Ministry of Commerce should advise DGS&D to accept either ink signed or digitally signed documents till the necessary checks and balances in the software system are streamlined, as in the long term, we understand that DGS&D has agreed in principal to move towards acceptance of digitally signed documents.




9.    Broad base Product Registration


Issue: Currently, products are registered individually by model. For example, in the present tender for laptops there are 15 variants of AMD based note books and 12 variants for Intel based notebooks apart from 6 variants of other form factors. This means that every laptop vendor has to provide documentation and registration for 33 notebooks. This increases documentation considerably and does not add value to the registration or buying process.
Impact: The ERTL Test Report requirement is a time-consuming and expensive process. Products from reputed suppliers adhere to strict international guidelines and are tested for quality and functioning under all conditions. 
Recommendation: We recommend a product or model is registered based on its highest specification which would suffice for all the lower specifications of the same platform. In the case of ERTL reports, OEM test reports should be accepted as against duplicating the process.





10.                      Integration of software, hardware and peripherals RCs


Issue: According to the new policy, DGS&D has split RCs for different product groups such as Laptop/Desktop, Server, Storage, Software, Printers and peripherals.
Impact: By doing so, customers will now need to issue separate orders for a single solution requirement. This becomes cumbersome for vendors as most of them have partnerships and collaborations at the back-end that are instituted to ensure that a customer gets a complete solution.
Recommendation: The need for separate RC for Software and Hardware should be dispensed with and RCs should be led by the hardware which includes provisions for software, networking, peripherals and so on as may be the case.




11.                      Validity of Rate Contracts


Issue: Firstly, in the case of Office Automation products and Multi-function Devices Rate Contracts are valid only for a period of six to seven months. Secondly, there is an unusually long time lag between new RCs and old RCs that affect customers and vendors alike.
Impact: Due to the time lag between RCs, time and resources are wasted which do not add any value to the overall process. Without a valid RC no purchases can be made, affecting both customers and vendors.
Recommendation: As a standard validity of all Rate Contracts for IT products should be made for a minimum period of one year.  Also, the validity of a Rate Contract should automatically be extended till such time the new Rate Contract is in place.




12.                      One OEM One Vendor Norm


Issue: DGS&D new policy states that a vendor can quote products from only a single OEM and not multiple OEMs as was the case earlier.
Impact: The One OEM – One Vendor policy has the tendency to create a monopolistic situation and reduces competition between vendors and OEMs. In a multiple bid environment, customers have more than one option to select the brand or technology that is opted for. For example, if a customer wants to buy a particular brand due to its technology offering, however, the vendor has not been empanelled for application software or for Operating Systems or does not have sufficient support infrastructure, then the customer may not be able to procure the technology best suited for his organization.








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