This website uses cookies

This website uses cookies to ensure you get the best experience. By using our website, you agree to our Privacy Policy

International In-house Counsel Journal logoInternational In-house Counsel Journal logo
Back to library search

Critical Review of Public Sector Procurement Process & Procurement Terms in India

November 2019
ProcurementIT

Abstract

The Central Government, various State Governments and public sector enterprises and organizations (i.e. enterprises/organizations that are either owned or controlled by central/state governments) in India carry out procurement at an individual organization/department level. There exists a lot of similarity in the procurement norms and processes that are followed by these organizations. However, bidders face certain challenges in adapting to the procurement norms and processes followed by the various government/public sector organizations. The Request for Proposal (RFP)/Tender Terms and Conditions (RFP T&Cs) of these procurement projects also pose compliance issues from a commercial, technical and legal risk perspective. Many of the RFPs have terms that are either ambiguous/vague or impose unfair/unreasonable obligations on the participating bidders. This article highlights some of these coon issues in the procurement process and RFP T&Cs. The article recommends certain changes to the procurement process and RFP T&Cs that can be implemented by the government and public sector enterprises to make the procurement process simpler, efficient and fair towards participating bidders. It also highlights certain steps that have recently been taken up by the Central Government and certain State Governments to address some of these issues.

Author

Portrait image of Subhrarag Mukherjee
Subhrarag Mukherjee
Asia Pacific & Japan Region Lead Counsel - Communications Services Business, Hewlett Packard Enterprise, India

Subhrarag Mukherjee (Subhro) is a corporate lawyer with over 14 years of work experience. He leads the Asia Legal Team for the ‘Telecom and Media’ business group of Hewlett Packard Enterprise. He is also a member of the Global Strategic Alliance Legal Team of the company. Prior to joining Hewlett Packard Enterprise, Subhro was engaged in private law firm practice in areas like private equity, general corporate advisory, securities law, foreign direct investment etc. He also is a visiting lecturer in premier law colleges and business schools across India. He is based in Mumbai and his hobbies are Bollywood music and badminton.

Company

Hewlett Packard Enterprise

Hewlett Packard Enterprise (HPE) is an American multi-national company providing various kinds of information technology hardware and software products and solutions to its enterprise customers across the world.

Related Papers

Agile Procurement
The contemporary state-of-art procurement is a well-organized, centralized, robust machine that gains benefits through ability to issue comprehensive RFP processes aiming, inter alia, for volume discounts. Through standardization, it is...Read more
Portrait image of Janne Järvenoja
Janne Järvenoja
Director, Legal, Avanade, Finland
Negotiating IT Service Contracts – In House v Private Practice Legal Models
I have been privileged to work over my career as a partner in private practice with leading City firms in London and as a senior in-house lawyer in global companies....Read more
Portrait image of Clive Davies
Clive Davies
Senior Counsel and Professional Development Manager Legal & Commercial, UK&I, Fujitsu Services Limited, UK
Software Darwinism – When Conditions Change, Software Must
In the rapidly evolving landscape of technology, staying up to date with software is not merely a matter of convenience or efficiency; it is increasingly becoming a legal imperative. Software...Read more
Portrait image of Chris Mermigas
Chris Mermigas
Head of Legal, RSA, USA
Navigating a Path to Ethical Innovation & Regulation for GenAI within India Inc. and Beyond
In recent years, the landscape of industries has been dramatically transformed by the relentless march of digital technologies, fundamentally altering the way businesses operate. The evolution from mere digitization to...Read more
Portrait image of Puru Rohatgi
Puru Rohatgi
Legal & Secretarial Project Trainee, Datamatics Global Services Limited, India
Portrait image of Divya Kumat
Divya Kumat
Executive Vice President, Chief Legal Officer & Company Secretary, Datamatics Global Services Limited, India