Haryana State Public procurement Policy for MSMEs

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Haryana

No. 131–202

21/Ext.] CHAN

NDIGARH, FR

RIDAY, AUGU NARY hority

UST 13, 2021

(SRAVANA 22, 1943 SAK

KA)

HARYANA

A GOVERNM

MENT

INDUS

STRIES & CO

OMMERCE DE

No T EPARTMENT

otification

The 13t

th August, 202

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on the lowest v

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to 50% of the

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vide its Orde the State on the under Para-15 tendered quan in the order.

delines

er No. 2/2/201

e Purchase and

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e Government ased Micro & S

t vide its Ord Small Scale Ind 0-4-B-II dated d Rate Contract

d 19.12.2011 p t processed thr

provided guid rough DS&D.

der No. 2/2/20

dustries and KV

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reas, the State procurement P

e Government Policy for MSM

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ted 24.03.2015 chases made by

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r No. 2/2/201

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vide its Order N ryana State Pub 6-4-B-II(1) da nstructions dat

ated 20.10.201 ted 24.03.2015

No. 2/3/2018-4

blic procureme

vide its Order N sue related to e 4IB-II dated 23 ent Policy for M

3.04.2018 ame MSMEs-2016"

nded Para-3(A " dated 20.10.2

A)vi & 2016.

No. 2/3/2018-4

eligibility criter

Wher 3(B)ii under for MSMEs-

reas, the State r Purchase Pref -2016" dated 2

Government v ference and iss 20.10.2016

e Government to ensure ease dingly, it was d aled or subsum

2. Wher various stake other stakeh that can be removed or removed. Fo efficiency, c felt to issue a

reas, the State eholders so as olders. Accord removed/repea the periodicity or easy unders correct applicat a comprehensi

y of which can standing of the tion of these in ive instruction

has been foc e of understand decided that al med and to id be increased a e instructions a nstructions and replacing all su

(2001)

4IB-II dated 11 ria of "Haryan

1.12.2019 ame na State Public

nded Para-3(A procurement P

A)vi & Policy

ance burden fo me by the publi ant acts/notific s that can eith ual processes c akeholders, ens n, a need was

or the ic and ations her be can be suring being

cusing on min ding and ease o ll Govt. Depart dentify all licen and processes as detailed in d minimizing r uch instruction

nimizing regul of implementat tments shall id nses/certificate that can be dig Para-1 above regulatory com ns as detailed a

latory complia tion of the sam dentify redunda es, permission gitised & manu by various sta mpliance burde above.

3. The matter has been considered by the State and a comprehensive instruction subsuming all the different instructions as contained in Para-1 above related to concessions/benefits to the Haryana based Micro, Small & Medium Industrial Enterprises in the State Public Procurement is as under:-

A. Concessions/ benefits to Micro & Small Enterprises (MSEs):-

B. Concessions/ benefits to Medium Enterprises(MEs):-

4. The apportionment/ distribution of tendered quantity after negotiations based on the existing instructions and Purchase Preference allowed to MSMEs as above may have different scenarios. The general guidelines for the apportionment of tendered quantity to firms other than MSMEs, MSEs & MEs will be as under:-

i. Purchase Preference to MSMEs will not be applicable if the tendered quantity is only one.

ii. Purchase Preference for Medium Enterprises (MEs) will only be allowed on the quantities in multiples of 10 say 10, 20, 30 and so on. The quantity less than 10 or in between multiple of 10, 20, 30 will not be considered for Purchase Preference to MEs.

iii. Negotiations will be held only with L1+5% firms. MSMEs as per above instructions within the price range of L1+15% will be counter offered to match the finally arrived L1 rate. In case, MSMEs within L1+15% range refuse to match the finally arrived L1 rate than the entire 60% (50% for MSEs and 10% for MEs) of purchase preference will be transferred to L1+5% category firms.

iv. In case, no Micro & Small Enterprises (MSEs) and Medium Enterprises (MEs) as per the eligibility criteria specified in the above instructions are within L1+15% range, the entire 100% tendered quantity will be distributed as per the existing guidelines.

v. In case, there are no Micro & Small Enterprises (MSEs) within L1+15% range, the Purchase Preference Quota of 50% of MSEs will stand transferred to open category making it from 40% to 90%.

vi. In case there are no Medium Enterprises (MEs) within L1+15% range, the Purchase Preference Quota of 10% of MEs will stand transferred to open category making it from 40% to 50%.

vii. In case, no MSMEs is within L1+5% range and there is one MSE & one ME in L1+15% range and further agree to match the arrived L1 rate, the quantity distribution will be upto 40% for firm other then MSME, upto 50% for MSE and upto 10% for ME and so on.

viii. In case, there are MSMEs (both or either MSEs and MEs) within L1+5% range and there are MSEs & MEs in L1+15% range. Negotiations will be carried out with all firms within L1+5% as per the existing guidelines to arrive at finally arrived L1 rate. The finally arrived firm can be - any other firm /MSE/ME or any/ more of these - other firm/MSE/ME matches the finally arrived price; in such a situation, apportionment will be done as per the existing instructions of ratio of 70:30 or 50:25:25 & so on.

Thereafter, offer will be given to MSE and MEs within L+15% range to match the finally arrived L1 rate and if they agree to match the arrived L1 rate, the apportionment of quantity will have many scenarios for the distribution of tendered quantities. Some of the scenarios and sub-scenarios of quantity apportionment may be as per Annexure-'III' enclosed with this notification. However, there can be many more scenarios depending upon the number of MSMEs within price range of L1 +5% and L1+15% .

5. These instructions will replace all the instructions related to concessions/benefits to the Haryana based Micro, Small & Medium Industrial Enterprises in the State Public Procurement as detailed in Para-1 of this order.

The above instructions may be brought to the notice of all concerned for its implementation.

Chandigarh: The 13th August, 2021.

VIJAYENDRA KUMAR, Principal Secretary to Government Haryana, Industries & Commerce Department.

Annexure 'I'

Format of Affidavit

(Seeking benefits/ concessions in Past performance/ Experience & Purchase Preference by Haryana based

manufacturing Micro & Small Enterprises (MSEs) in the State Public Procurement)

(On non judicial paper of Rs. 10/- )

I _____________________S/o_____________________aged___________________________________ residing at _____________________________________________________________________Proprietor/ Partner/ Director of M/s____________________________ do hereby solemnly affirm and declare that:-

1. My/our above noted enterprise M/s _______(Name & Address)______________ has been issued SSI Certificate/EM Part-II/Udyog Aadhaar Memorandum (UAM)/Udyam Registration in Haryana (applicable and valid on that date as per Govt. Instructions) by the District Industries Centre_______________/[Name of Competent Authority] under acknowledgement No.________ of dated_____________ (Self Certified Copy of the same is attached as Annexure 'A' with this affidavit) and has been issued for manufacture of the following items in category Micro / Small Enterprise (please tick the either) as under:- i. _______________ ii. _______________ iii. _______________

2. That the quoted item(s) in the tender _____________ is one (or more) of the item for which my/our above noted enterprise has been issued Manufacturing Entrepreneurs SSI Certificate/EM Part-II/Udyog Aadhaar Memorandum (UAM)/Udyam Registration in Haryana (applicable and valid on that date as per Govt. Instructions) by the Industry Department Haryana/[Name of Competent Authority] as per details at para 1 above.

3. That my/our above mentioned manufacturing Micro/ Small Enterprises fulfils either or both of the below mentioned eligibility criteria: i. That my/our above mentioned enterprise has been issued quality certification of ISI Mark/ ISO/ Ag. Mark/ any other quality mark______________________ (please tick either of the option) by _______________________(name of GOI/ State Govt. Agency/ institution authorized by GOI/ State Govt.) on ____________ and the same is valid from __________ to _________ in respect of item/ good (give name of item/good) _________________ mentioned in the tender (Self Certified Copy of the relevant certificate is attached as Annexure 'A' with this affidavit)

OR/AND ii. That my/our above mentioned enterprises has been registered with DGS&D, GOI/ NSIC/ Govt. of India Departments/ State Govt. Department/ Govt. of India Public Sector Undertakings (PSUs) or State Government Public Sector Undertakings (PSUs) (Please tick one of the option as above) in respect of Name of item/ goods/ work/ services ________________________ (Name) as mentioned in the tender for the corresponding period of time of this tender. A self certified Copy of the same attached as Annexure 'B' with this affidavit.

4. That in case the Purchase Order of the quoted item is issued to me/us, it will not be outsourced or subcontracted to any other firm and the entire manufacturing of the order item shall be done in-house by our Enterprise based in Haryana (address mentioned as at Sr. No.1). Further, the billing will be done from Haryana.

Dated: DEPONENT VERIFICATION:

Verified that the contents of para no. 1 to 4 of the above are true and correct to my knowledge as per the official record and nothing has been concealed there in.

Dated: DEPONENT2006 HARYANA GOVT. GAZ. (EXTRA.), AUG. 13, 2021 (SRVN. 22, 1943 SAKA)

Annexure 'II'

Format of Affidavit

(For seeking the benefits/ concessions by Haryana based manufacturing Medium Enterprises in Past

Performance/ Experience & Purchase Preference in the State Public Procurement)

(On non judicial paper of Rs. 10/- )

I_____________________________ S/o ________________________ aged ______________________ residing at __________________________________________ Proprietor/ Partner/ Director of M/s____________________________ do hereby solemnly affirm and declare that:-

1. My/our above noted enterprise M/s ____(Name and Complete address) ______ has been issued SSI Certificate/EM Part-II/Udyog Aadhaar Memorandum (UAM)/Udyam Registration in Haryana (applicable and valid on that date as per Govt. Instructions) by the District Industries Centre_______________/[Name of Competent Authority] under acknowledgement No.________ of dated_____________ (Self Certified Copy of the same be attached as Annexure 'A' with this affidavit) and has been issued for manufacture of the following items in category Medium Enterprise as under:-

i. _______________ ii. _______________ iii. _______________ iv. _______________

2. That my/our above mentioned manufacturing Medium Enterprises meet all the remaining terms & conditions of the tender except Past Performance/ Past Experience.

3. That my first purchase order under this benefit/ concession was issued by State Government Department/ State Government Agency (name of Deptt./Agency)___________________ vide P.O. No._________________ of dated____________ for the supply of ___________________________ (name of the item/ good/ work/ services) was successfully complied by above mentioned Enterprises. A self certified Copy of the same is attached as Annexure 'B' with this affidavit.

4. That in case the Purchase Order of the quoted item is issued to me/us, it will not be outsourced or subcontracted to any other firm and the entire manufacturing of the order item shall be done in-house by our Enterprise based in Haryana, (address mentioned as at Sr.No.1).

5. That we agree to the condition that this benefit/ concession to the Medium enterprises is valid for one year from the date of getting the first supply order under State Public Procurement.

6. That the billing will be done from Haryana.

Dated: DEPONENT VERIFICATION:

Verified that the contents of para no. 1 to 6 of the above are true and correct to my knowledge as per the official record and nothing has been concealed there in.

Dated: DEPONENTHARYANA GOVT. GAZ. (EXTRA.), AUG. 13, 2021 (SRVN. 22, 1943 SAKA) 2007

Annexure 'III'

Various possible scenarios during negotiations/apportionment of quantities in view of implementation of

MSMEs Public Procurement Policy in the State:

Principal Secretary to Government Haryana, Industries & Commerce Department.

9275—C.S.—H.G.P. Pkl.