Odisha bans bidders from select nations

Bhubaneswar: Following amendment of General Financial Rules-2020 by the Centre, the state government Friday issued a formal notification restricting public procurement from countries which share a land border with India on the grounds of national security.

“Given the fact that national security is paramount for the state and keeping in view the circumstances, the state government has decided to amend Para-3 of Finance Department Office Memorandum dated 13.02.2012 by inserting sub-para,” read the notification.

However, it provided relaxation in case of medical supplies in light of Covid-19. And keeping in mind some other neighbouring countries, nations with which India has a line of credit or provides development assistance were also exempted.

According to the new notification, any bidder from countries sharing a land border with India will be eligible to bid in any procurement whether of goods, services or works only if the bidder is registered with the ‘Competent Authority.’

The Competent Authority, in this case, is the Registration Committee to be constituted by the MSME department of the Odisha government. An additional secretary rank officer of the department will be appointed as chairman of the Committee while officers from Home, Finance and concerned department whose sectors are covered will be other members of the panel. MSME department will issue detailed guidelines for method of application and format for the bidders.

On receipt of an application seeking registration from a bidder from a bordering country, the Competent Authority will first seek political and security clearances from the Ministry of External Affairs and Ministry of Home Affairs. No registration will be made without the political and security clearances, it said.

If any bidder is aggrieved by the decision of the Registration Committee, he may file an appeal before the MSME secretary, the Appellate Authority, within 30 days. The decision of the Appellate Authority in this matter will be final.

The registration granted by the Centre will also remain valid for procurement by the state government and its agencies.

The Competent Authority has been empowered to cancel the registration already given, if it found sufficient cause for such move.

In case of tenders already invited, if the first stage of evaluation of qualification has not been completed, bidders, who are not registered under the new order, will be barred.

If this stage has been crossed, ordinarily the tenders will be cancelled and the process started de novo. The order will also apply to other forms of public procurement,” it said.

The registration granted by the state government will be valid only for procurement by state departments and agencies. It will not be applicable for other states and Centre.

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