Additional Terms and Conditions for Procurement under Proprietary Article Certificate Buying
a) In case a Govt. buyer on GeM, wants to make procurement on proprietary basis on the GeM Portal after obtaining the requisite approvals/PAC certificate from their competent authority as per Rule 166 of GFR-2017, the Buyer can use PAC filter provided on GeM for selecting a specific model/ make available from a particular GeM Seller.
b) The Seller’s prices on the Portal is just their offer prices and the proper discovery of price generally happens through bidding/RA. Moreover, in PAC procurement irrespective of multiple listing by authorised sellers, the important issue of price control remaining with the OEM cannot be overlooked. Therefore, in case of all the PAC procurements, the Buyers will have to carry out extra due diligence in establishing the reasonableness of prices before placement of contract as per para (vii) of Rule -149 of GFR-2017.
c) Except for direct buying up to Rs. 50,000/- subject to establishing the reasonableness of price, the bidding will be mandatory for procurements above Rs. 50,000/-. As result of bidding, the response could be as under:
i) Only OEM is available or only single authorised seller is available.
ii) OEM as well as multiple authorised Seller are available
iii) Multiple authorised Sellers of the OEM are available.
d) After bidding, under PAC buying, the Buyer may take decision with the approval of the competent authority to process the procurement subject to establishing the reasonableness of prices before placement of contract as per Para (vii) of Rule -149 of GFR-2017.