| 48 |
Is the public procurement process effective? |
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48a:
In law, there are regulations addressing conflicts of interest for public procurement officials.
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| Score: |
YES |
NO |
 |
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Comments: The rules are very elaborate and well laid out.
References: www.persmin.nic.in
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48b:
In law, there is mandatory professional training for public procurement officials.
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| Score: |
YES |
NO |
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Comments: Officers in charge of procurement undergo rigorous training in procedures and methods.
References: www.persmin.nic.in
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48c:
In practice, the conflicts of interest regulations for public procurement officials are enforced.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments: Frequent complaints have been voiced of corrupt practices involving conflict of interests by public procurement officials. In recent times Defence deals have been under the scanner.
References: www.india-defence.com/reports-3213; timesofindia.indiatimes.com/articleshow/35652327; www.iupindia.org/Books/Anti-CorruptionStrategies_ovw
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48d:
In law, there is a mechanism that monitors the assets, incomes and spending habits of public procurement officials.
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| Score: |
YES |
NO |
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Comments: Yes, this is done by the Central Vigilance Commission, Enforcement Directorate and the Lok Ayuktas (State level ombudsman), where they exist.
References: www.cvc.nic.in;
www.lokayukta.kar.nic.in
Peer Review Comments: The Central Vigilance Commission monitors officials through the Chief Vigilance Officers in every organization.
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48e:
In law, major procurements require competitive bidding.
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| Score: |
YES |
NO |
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Comments: There is an open tendering process, which has been made more transparent by being placed on the internet. Each department which is involved in procurement is required to float tenders and delineate a transparent process by which the procurement contract is finally awarded.
References: www.cvc.nic.in
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48f:
In law, strict formal requirements limit the extent of sole sourcing.
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| Score: |
YES |
NO |
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Comments: The rules of procedures clearly mention that sole sourcing would be discouraged.
References: Rules of Procedure for Tendering and Contracting
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48g:
In law, unsuccessful bidders can instigate an official review of procurement decisions.
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| Score: |
YES |
NO |
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Comments: They have recoursed to appeals to tribunals within the framework of law. They can also approach the judicial process.
References: Rules of Internal Procedure
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48h:
In law, unsuccessful bidders can challenge procurement decisions in a court of law.
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| Score: |
YES |
NO |
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Comments: Yes, they can approach the court of law after exhausitng internal mechanisms provided.
References: Rules of Internal Procedure
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48i:
In law, companies guilty of major violations of procurement regulations (i.e. bribery) are prohibited from participating in future procurement bids.
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| Score: |
YES |
NO |
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Comments: Companies guilty of procurement violations are blacklisted and forbidden from bidding.
References: Web sites of concerned ministries: www.nic.in
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48j:
In practice, companies guilty of major violations of procurement regulations (i.e. bribery) are prohibited from participating in future procurement bids.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments: There have been a few cases of officials circumventing procedures. A few cases are listed above.
References: www.hindu.com/2007/05/28/stories/2007052807300500.htm; www.hindu.com/2005/04/03/stories/2005040301200300;
www.thehindubusinessline.com/businessline/2001/08/07/14hdline.htm
Peer Review Comments: Once guilt is established then they are prohibited from participating in future bids.
Peer Review Comments: The politician-official nexus leads to this circumventing of the procedures.
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| 49 |
Can citizens access the public procurement process? |
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49a:
In law, citizens can access public procurement regulations.
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| Score: |
YES |
NO |
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Comments: Most procurement procedures are on the Web sites of the concerned departments. The rest can be accessed through the use of the Right to Information.
References: www.nic.in
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49b:
In law, the government is required to publicly announce the results of procurement decisions.
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| Score: |
YES |
NO |
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Comments: These are announced on the Web site or through press releases.
References: www.nic.in
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49c:
In practice, citizens can access public procurement regulations within a reasonable time period.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments: The procurement norms and manuals vary from ministry to ministry. The Web site of the concerned ministries contain the details which can be accessed.
References: Web sites of ministries: www.nic.in;
[ LINK ]
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49d:
In practice, citizens can access public procurement regulations at a reasonable cost.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments: The procedure would vary from department to department. I have listed the Web site of the Department of Disinvestment as an example.
References: Web sites of concerned ministries: www.nic.in;
[ LINK ]
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49e:
In practice, major public procurements are effectively advertised.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments:
References: Government department Web sites: www.nic.in
Peer Review Comments: I do not agree. There is no comment available. However, this is closely monitored by CVC also and major public procurements are effectively advertised.
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49f:
In practice, citizens can access the results of major public procurement bids.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments: A full score has not been assigned because of the limited accessibility of the internet.
References: Relevant department Web sites: www.nic.in
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