Reply: Yes, besides internal controls, Comptroller and Accountant General of India, and the Central Vigilance Commission perform the oversight.
78. Are there objective criteria laid down for determining if in a contract tender only domestic suppliers can participate? (Page 124, paragraph 220)
Reply: Yes, it is also decided by the procuring agency.
79. Which authority does audit work and monitors public procurement at the state level? Is there a homogeneous structure or it varies in every state? (Page 124, paragraph 221)
Reply: Besides internal controls and monitoring, Accountant General and the State Vigilance Commission monitor such procurement activities in States. Public procurement is regulated through a series of executive directives which supplements the regulations (e.g. the directives issued by Vigilance Commission from time to time).
80. Is there a forum or a timeline to raise queries regarding any procurement? Is the procedure referred to such as consultation, arbitration, appeal and review is the same for all public institutions? (Page 125, paragraph 222)
Reply: The disputes over the tendering process and award of particular contract are resolved by addressing the grievances to the higher authority of organization and if it is not resolved satisfactory, the supplier can appeal to the competent court. The same grievance redressal mechanism is available to the foreign supplier also.
81. To which authority one could appeal to regarding government procurement under the provisions of the Contract Law of India 1872, the Specific Repair Act of 1963 and the Sale of Goods Act 1930? (Page 125, paragraph 222)
Reply: Contracts are resolved by addressing the grievances to the higher authority of organization and if it is not resolved satisfactory, the supplier can appeal to the competent court.
82. Considering that India only notifies successful award of tender, it is possible that a supplier interested in a contract that he has not won, requests and is provided an explanation of the reasons that led to the choice of another supplier? (Page 126, paragraph 227)
