The incident can be created by Buyers, Sellers, system and GeM Admin. Incidents can be created by the system based on rule engines defined in the incident management policy.
For Buyer: Pre-Contract incident can be raised by clicking on "Report this Product" option available on the product detail page in the marketplace. Post Contract Incidents can be raised by clicking on the "Incident" tab available on the Buyer dashboard by clicking the "New" button.
For Seller: Pre-Contract incident can be raised by clicking on "Report this Product" option, available on the product detail page in the marketplace. Post Contract Incidents can be raised by clicking on the "Need Help" option and then "Report an Incident".
Incidents can be created after the start of the technical round. Incident creator can select the seller against whom he wants to create an incident from the dropdown list.
For incidents created against seller: buyer can escalate incident after 7 days of creation of incident or after first comment on the incident by the seller, whichever is earlier.
For incidents created against buyer: seller can escalate incidents after 7 days of creation of incident.
For incidents creaed with incident reason ""Multiple Auto Cancelled or Declined for DP/L1 purchase"" by the system, the incidents auto escalated by the sysem as soon as the incident is created
For incidents created by GEM-Admin: incident gets auto escalated after 48 hours of creation.
Further GEM-admin can escalate incidents any time after creation of incident
GEM takes action after evaluation of all the relevant facts captured by the system, comments from both the parties and documents uploaded by both the parties.
Yes, there is a Red Exclamation Mark against the products on search page and the product description page, which displays seller’s incident history on GeM.
Buyer and seller can resolve the incident with in 7 days of creation of incident after which raised by party can escalate the incident. For incidents created against the seller, buyer can escalate the incident after first comment of seller or after 7 days of incident creation whichever is earlier. GEM-admin can escalate incidents even before the incident escalation due date
Yes, the reporter of the incident will get an email notification to escalate the incident.
In addition, System will put comment, after 7 days of incident creation, on the incident informing the same.
Yes, there is a provision where the seller may express his willingness to rectify the deviation in 10 calendar days on the Incident page itself. This shall be done by seller/service provider within 5 days of receiving show-cause notice.
A. If no deviation at user end– Incident will be closed
B. In case, there is an unsatisfactory explanation by the buyer/ Seller/ SP the following steps shall be taken: -
a) Buyer – Primary user and competent authority to be notified for necessary action.
b) Seller / SP would be suspended by the GeM admin for a period of:
• 45 days- for first and second deviation within a period of 120 calendar days
• 60 days- for third and subsequent deviations within a period of 120
calendar days (and up to 12 months with approval from CVO-GEM).
C. Deviation reflects in the overall Seller/Buyer rating
If SCN is not responded within 10 days from SCN sent, auto action against raised-against party will be taken. The action will be as per Incident management policy.
Status of the incident will change to respond to SCN and the mapped officer will review the incident, based on available facts, comments on incident and policies.
Clause 8, Provision of Appeal
a) The option of APPEAL can be availed by Seller/SP after imposition of penalty.
b) The option of APPEAL can be availed only if there is any additional material evidence which was not available.
for consideration at the time of taking a decision by the Competent Authority of GeM.
c) Request for APPEAL can be made in 10 calendar days of imposition of penalty.
d) Provision of APPEAL is available only once against one incident for Seller/ SP.
e) Further clarifications may be sought from Buyer/Seller/SP by GeM Admin, if required.
f) In case of receipt of satisfactory or unsatisfactory response, further action based on the facts and merits of the case and as per provisions of the IM policy will be taken by GeM Admin for either closure of incident or continuation of the penalty. In case of no response from the Buyer/Seller/SP to the APPEAL or the clarifications sought, in 5 calendar days at each level, GeM Admin may take action based on available responses without giving any further opportunity or waiting for response.
g) The status of Seller/SP will not change during the period of consideration of APPEAL.
Clause 8 will not be applicable for Debarment by Any Ministry or DOE or by CA approval (Refer Clause 2.2 (ii) & (iii) of Incident Management Policy effective 1st April 24 ).
Seller may take up appeal in above scenario with Buyer organization offline.
If the appeal is raised after 10 days from took action, appeal will not be considered.
A. If no deviation at user end – Incident will be closed
B. In case, there is an unsatisfactory explanation by the Seller/ SP, same will be suspended by the GeM admin for a period 365 days (and up to 2 Years with approval from Chief Marketplace Officer-GeM)
C. Buyer – Primary User and Competent Authority will be notified for necessary action.
D. Deviation reflects in the overall Seller/Buyer rating. Rating and incident history will be visible on GeM Portal.
Seller can raise mutual closure request for incidents. The option is only available of incidents created against bid and order and NOT against incidents created against catalog.
Once action is taken against buyer, Incident closure request can be sent from primary buyer(HOD). HOD can open the incident page and click on close request. Once the close request is applied the same comes to GEM for evaluation and closure
Once mutual resolution request is raised by seller, Buyer can accept the mutual resolution request till action is taken. Post action taken the same will go to the Primary buyer (HOD) for approval and once primary buyer (HOD) approves the mutual closure request the incident will be closed and all the impact related to that incident will be removed. Mutual closure request can be raised one time to the buyer and one time to the HOD.
Buyer/HOD can respond to the request by clicking on tab “Mutual Resolution Request” on incident detail page and can write his comment then submit his response by clicking on “Approved” & “Rejected”.
Buyer can respond from the time when the request is raised and till action is taken, Once the action is taken HOD can close the incident untill suspension period is over.
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