DPP 2016 PDF
DPP 2016 PDF
DPP 2016 PDF
Technical Manager
(Acquisition Wing)
Uploading of DPP-2016 (chapters I to V) on MoD website
1. DPP-2016 chapters I to V is hereby being uploaded on
the MoD website.
2. The chapter on Standard Contract Document shall be
uploaded along with Appendices, Annexures and
Scheduled for the complete DPP-2016 (including those
pertaining to Chapters I to V) shortly.
3. The pages in this document have been numbered
chapter wise, and shall be serially arranged along with
uploading of the completed DPP-2016, including the
contents mentioned above.
4. The chapter on Strategic Partners and Partnership will
be notified separately.
legal and tax experts, think tanks, academia etc. The committee made
recommendations for incorporation into the extant defence procurement
procedure, based on its interactions.
4. Based on Governments experience in the defence procurement process, and
the recommendations of the committee of experts, the Defence Procurement
Procedure - 2016, which would herein be referred to as DPP, has been
evolved.
5. The DPP, dealing with acquisition as per the categories listed herein, is set out
in this document covering the preamble and its chapters as listed below:
a. Preamble to the Defence Procurement Procedure
b. Chapter I Operational Context, Acquisition Categories and
Acquisition Plans
c. Chapter II Procurement Procedure for categories under
Buy, and Buy and Make schemes
d. Chapter III Procedure for Make Category of Acquisition
e. Chapter IV Procedure for Defence Ship Building
f. Chapter V Fast Track Procedure
g. Chapter VI Standard Contract Document
h. Chapter VII Strategic Partners and Partnerships (to be notified
separately)
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Capital Acquisitions
3. Capital Acquisition schemes are broadly classified as, Buy, Buy and
Make, and Make. Under the Buy scheme procurements are categorized
as Buy (Indian IDDM), Buy (Indian), and Buy (Global). The three
categories under the Buy scheme refer to an outright purchase of
equipment. Under the Buy and Make scheme, the procurements are
categorized as Buy and Make (Indian) and Buy and Make. The two
categories under Buy & Make scheme refer to an initial procurement of
equipment in Fully Formed (FF) state in quantities as considered necessary,
from the appropriate source, followed by indigenous production in a phased
manner through comprehensive Transfer of Technology (ToT), pertaining to
critical technologies as per the specified range, depth and scope.
4. In decreasing order of priority the procurement of defence equipment, under
this procedure are categorized as follows:
a. Buy (Indian IDDM)
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b.
c.
d.
e.
Buy (Indian)
Buy and Make (Indian)
Buy and Make
Buy (Global)
Buy and Make (Indian): Buy & Make (Indian) category refers to an
initial procurement of equipment in Fully Formed (FF) state in quantities
as considered necessary, from an Indian vendor engaged in a tie-up with a
foreign OEM, followed by indigenous production in a phased manner
involving ToT of critical technologies as per specified range, depth and
scope from the foreign OEM. Under this category of procurement, a
minimum of 50% IC is required on cost basis of the Make portion of the
contract. This implies that in the Make portion of the contract, minimum
50% IC will be required in the total of (a) Basic Cost of Equipment; (b)
Cost of Manufacturers Recommended List of Spares (MRLS); and (c) Cost
of Special Maintenance Tools (SMT) and Special Test Equipment (STE).
The proportion, of MRLS to be made/assembled in India, if any should be
specified at the time of AoN. Acquisition under this category can also be
carried out without any initial procurement of equipment in FF state.
9.
Buy and Make: Buy & Make category refers to an initial procurement of
equipment in Fully Formed (FF) state from a foreign vendor, in quantities
as considered necessary, followed by indigenous production through an
Indian Production Agency (PA), in a phased manner involving ToT of
critical technologies as per specified range, depth and scope, to the PA.
With a view to maximize indigenous production in each procurement case,
the AoN according authority would approve either an appropriate ratio of
FF, CKD, SKD and IM kits; or a minimum percentage of IC for the Make
portion acquisitions under Buy and Make category. Acquisition under
this category can also be carried out without any initial procurement of
equipment in FF state.
include the cases likely to be initiated for seeking AoN in the forthcoming
year.
21. The draft AAPs would be circulated to respective AM/TM/FM in the
Acquisition Wing, and thereafter forwarded to HQ-IDS by 31st of
December each year, by SHQs, after clarifying the observations of the
Acquisition Wing. HQ-IDS will allot a unique identification number to
each case and would obtain approval of final AAP from DPB by 15th April
of the relevant Financial Year. Part A would be the working document for
Acquisition Wing for issue of RFP and subsequent monitoring of the
progress of each case. Inclusion of fresh schemes to Part A from Part B of
AAP, after accord of AoN, would be a regular process. Proposal not listed
in the SCAP may only be processed after due approval of the DAC.
22. In consonance with schemes likely to be included in AAPs, HQ-IDS would
work out the annual requirement of funds for capital acquisitions of each
service taking into account committed liabilities and anticipated cash out
flow, likely to be incurred on account of the fresh schemes, during the
ensuing financial year.
23. The DPB may also carry out amendments to the AAP, if considered
necessary, on account of national security requirements, operational
urgencies, budgetary provisions or any other exigency based on
recommendations made by SHQ/HQ-IDS/Department of Defence/Defence
(Finance). All proposals that need to be included in the AAP for reasons
stated above should be put up to DPB for approval prior to inclusion in the
AAP. The Acquisition Wing will process all acquisition proposals
incorporated in the AAP under the overall guidance of the DPB.
-x-x-x-
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11. Preparation: The SQRs would be drafted by the user directorate at SHQ. In
order to make broad based SQRs, information will be sought from defence
attaches, internet, defence journals/magazines/exhibitions, previously
contracted cases in such category, and any other relevant and credible
information source; these are in addition to obtaining the required inputs
through the issue of RFI. The inputs so obtained should result in the form of
a compliance table of SQRs, vis-a-vis technical parameters of equipment
available in world market, in as much detail as possible. Draft SQR would
be circulated by SHQ to all stakeholders concerned for obtaining their
views/comments including other possible user directorates, maintenance
directorate, HQ-IDS, DRDO, DDP, Director General of Quality Assurance
(DGQA)/Director General of Aeronautical Quality Assurance
(DGAQA)/Director General Naval Armament Inspectorate (DGNAI),
Directorate of Standardisation, Technical Managers and any other necessary
department. These agencies will also be represented on the Staff Equipment
Policy Committee (SEPC) for approving the SQRs. Records in respect of
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would include the total quantities required, the break up based on five years
plans, and the quantity that is required to be procured in next two years. The
quantity vetting would be recommended by the Administrative Branch in
consultation with MoD (Fin). The quantities duly vetted along with other
comments on the proposal, would be sent back to the SHQ, within the
indicated time frame. DRDO and DDP will also forward their comments to
SHQ, who would then compile all the comments and give their final views.
The SoC along with all the comments, would then be forwarded to HQ-IDS,
which would examine aspects of interoperability and commonality of
equipment for the three Services. The SoC would thereafter be placed for
consideration of the categorisation committees (SCAPCC/SCAPCHC). In
cases of equipment/systems/platforms made of technology having short
obsolesce cycles, appropriate timelines pertaining to the various stages of
procurement must be provided for approval, by the AoN according authority
at the time of according AoN.
16. The SCAPCC/SCAPCHC will also invite industry representatives,
associations/representatives nominated by industry associations, whenever
participation by Indian industry is probable. The representatives so invited
would give presentation and clarifications, as required by the Categorization
Committee. The representatives would, however, not be present in the
internal discussions and during the decision making process of the
Categorization Committee. Based on the inputs received, the Categorization
Committee will submit its recommendations to the AoN according authority.
17. After evaluating the recommendations of the SHQs/initiating departments,
the SCAPCC will refer the cases for according AoN to SCAPCHC for an
Services Capi- estimated cost up to Rs. 150 Crores. For cases beyond Rs. 150 Crores, the
tal Acquisition SHQs/initiating departments will refer cases to the SCAPCHC, which will
Plan
carry out the task of categorization, based on the recommendations of
Categorisation SHQs/initiating departments, and refer the cases between Rs. 150 crores to
Committee
Rs. 300 to the DPB, and refer cases beyond Rs. 300 crores to DAC for
Defence
accord of AoN.
Procurement
Board
18. In order to ensure that AoN according process is completed in a time bound
manner, each case would be processed by DRDO/DDP/MoD/MoD (Fin)
within four weeks of receipt, so that the proposals are considered by the
Categorisation Committee within a 4 to 6 week cycle.
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19. Cases in which ToT is being sought, the appropriate Production Agency (PA)
would be approved by the AoN according authority based on the
recommendations of the SCAPCHC/DPB/relevant lower categorisation
body. The PA could be selected from any of the public/private firms
including a joint venture company based on the inputs from DDP and, if
required, from DRDO. Cases in which foreign vendors are allowed to select
an Indian production agency, the eligibility criteria of PAs, will be provided
in the RFP. The eligibility criteria for Indian private firms as PA, shall be
promulgated by the DDP.
20. Cases in which the total requirement of equipment/weapon system is spread
over two or more plan periods, the AoN will be processed for the entire
quantity, clearly indicating the quantities sought during various
periods/stages. The AoN once accorded will be deemed to be valid for the
subsequent procurements also; however, quantity vetting would be done at
each subsequent stage.
21. AoN for categories under Buy and Buy and Make schemes will be valid
for six months, AoN will be valid for one year in case of Buy and Make
(Indian) category, and all turnkey projects. AoN would lapse for all cases
where the RFP for approved quantity is not issued within the original validity
period of AoN. In such cases, the SHQ would have to re-validate the case
and seek fresh AoN with due justification for not processing the case in
time. For cases where the original RFP has been issued within the original
validity period of AoN and later retracted for any reason, the AoN would
continue to remain valid, as long as the original decision and categorization
remain unchanged, provided the subsequent RFP is issued within a period
not exceeding the original validity period of the AoN, from the date of
retraction of original RFP.
22. Preference will be given to indigenous design, development and
manufacturing of defence equipment. Therefore, whenever the required
arms, ammunition & equipment are possible to be made by Indian Industry,
within the time lines required by the Services, the procurement will be made
from indigenous sources. While examining procurement cases, the time taken
in the procurement and delivery from foreign sources vis--vis the time
required for making it within India, along with the urgency and criticality of
the requirement will be examined before deciding to proceed on
categorisation. Accordingly, the Categorisation Committees, while
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27. Offsets: The offset clause would be applicable for Buy (Global) or Buy and
Make categories of procurements where the indicative cost of acquisition is Rs.
2000 Crores or more, as on the date of accord of AoN. However, DAC may
consider partial or full waiver of offset clause. In case of a waiver for a
particular acquisition case, eligible/selected Indian vendors need to be
exempted from the corresponding IC stipulations. The procedure for
implementing the offsets provisions is given at Appendix (xxx) to this
Chapter.
Solicitation of Offers
28. Solicitation of offers will be as per Single Stage - Two Bid System. It will
imply that a RFP would be issued soliciting the technical and commercial
bids together, but in two separate and sealed envelopes.
29. Once the SQRs have been finalised, the sources of procurement of the
weapon system/stores shall be ascertained and short-listing of the
prospective manufacturers/suppliers carried out by the SHQ, in accordance
with guidelines issued by Acquisition Wing from time to time. The shortlisted vendors will be the Original Equipment Manufacturers (OEMs) or
authorised vendors or export agencies authorized/sponsored by foreign
Governments (applicable in the case of countries where domestic laws do
not permit direct export by OEMs). In cases involving ToT, the short-listing
of the vendors would take into account their ability to transfer requisite
technology for indigenous production. The Technical Managers may
increase the short-listed vendor base based on vendor capability; Acquisition
Wing will maintain a databank exclusively for this purpose. Keeping the
security and other relevant aspects in view, appropriate publicity may be
given to the proposed procurement with a view to generate maximum
competition. In order to generate maximum vendor response the following
means would be adopted:
a) Vendor identification through internet: Necessary information
derived from operational requirements of the Services would be made
available on the MoD and SHQ websites. All vendors desirous of
responding to any of the listed proposals would be asked to send their
request to the Technical Managers concerned as per the format at
Appendix (xxx) to this Chapter, which would also be uploaded on the
website. All the relevant details like the financial status of the company,
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b) The second part of the RFP incorporates the SQRs describing the
technical parameters of the proposed equipment in clear and
unambiguous terms. In case equipment is being procured for the first
time and needs to be evaluated, the RFP will include the requirement
of field evaluation on a No Cost No Commitment (NCNC) basis.
Compliance of offers would be determined only based on the
parameters spelt out in the RFP.
c) The third part of the RFP outlines the commercial aspects of the
procurement, including clear statements on Payment Terms,
Performance-cum-Warranty Guarantees, additional bank guarantee
in respect of Essential Parameters - B (if applicable), and Guarantees
against Warranty Services to be performed by the supplier. It also
includes standard contract terms along with special contractual
conditions, if any.
d) The fourth part of the RFP defines the criteria for evaluation, trial
methodology, and acceptance, both in terms of technical and
commercial contents. A format will be enclosed for submission
along with commercial offer to facilitate preparation of Comparative
Statement of Tenders (CST) duly incorporating credit score for EPP
wherever applicable, and identification of Lowest (L1) vendor.
Submission of incomplete details in the format enclosed, along with
commercial offer, will render the offer liable for rejection.
46. In cases where ToT is involved, the RFP would include the requirement for
indigenous manufacturing under ToT. The RFP should spell out the
requirements of ToT in scope, range and depth of the technology required.
These could cover technology for repair and overhaul, production from
Completely Knocked Down (CKD)/Semi Knocked Down (SKD) kits and
production from raw material and component level. Aspects to be included
in the RFP, in case production from SKD/CKD/Indigenous Manufacture
(IM) Kits is based, are given at Appendix (xxx) to the RFP Document at
Schedule (xxx).
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basis of trial methodology given in the RFP. The trial methodology should
be comprehensive and un-ambiguous in its scope. Methodology for
evaluation of each parameter should also be clearly detailed in the RFP, so
that the vendors fully understand its implications. Parameters which can be
evaluated at TEC stage, based on documents or certificates rendered by
accredited agencies, may not be included in the field trials. The scope of field
trials should be optimized to cover all required parameters and the trial
methodology must be approved by the Principal Staff Officer (PSO)
concerned at the SHQ, prior to the inclusion in the RFP.
59. The manufacturers of the short listed equipment shall be asked to send the
desired number of units of the equipment/weapon system to India for FET.
SHQ will formulate the Trial Directive in conformity with the trial
methodology given in the RFP and constitute the Trial Team. The trial
directive must specify the fundamental points that need to be addressed for
validating the essential parameters, and EPP along with the evaluation score
credits thereof, as stipulated in SQRs. The SQRs of the equipment would be
a part of the trial directive. Parameters not mentioned in the RFP should not
be considered for FET. The validation of the support system and
maintainability trials, integral to and complimenting the trial programme of
the weapon system, should be held simultaneously, wherever feasible.
Representatives of DRDO, QA agency may also be part of the FET, based
on requirement. A representative of the Acquisition Wing may also
participate in the FET as an observer. After each stage of the trials, a
debriefing of all the vendors would be carried in a common meeting
(wherever feasible) as regards the performance of their equipment.
Compliance or otherwise, vis--vis the RFP parameters, would be
specifically communicated to all the vendors at the trial location itself. It
would also be ensured that all verbal communication with the vendors is
confirmed in writing within a week and all such correspondences are
recorded and documented. FET shall be conducted by the user and a detailed
Field Evaluation Report shall be drawn up and sent to SHQ for Staff
Evaluation.
60. FET will be conducted by the user, only pertaining to conditions where the
equipment are most likely to be deployed. In other conditions where the
probability of deployment is not high, appropriate certifications confirming
the functional effectiveness under such conditions may be obtained; in cases
where applicable, simulations based testing may be resorted to. All weather
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testing should be carried out only in cases in which such testing are
absolutely essential. All the requirements for FET must be unambiguously
stated in the trial methodology included as part of the RFP.
61. When specifically indicated in the RFP for low value items being procured
in large quantities, the cost of items that are provided for FET would be
reimbursed to the vendors who qualify in the FET. Relevant guidelines for
the same will be issued by the Acquisition Wing, in consultation with the
SHQ.
62. The requirement of FET/NCNC Trials will not be applicable for procurement
cases in respect of acquisition/construction of Ships, Submarines, Yard Craft,
Tugs, Ferry Craft and Barges, where there is no prototype available for
conduct of NCNC Trials. However, Technical Evaluation and Delivery
Acceptance Trials for these will be carried out.
63. The trial team, for equipment being procured for more than one Service, will
have representatives of each Service for whom equipment is being procured.
Such trial team will be headed by representative from the Service nominated
as the lead Service. For trials of equipment involving ToT, representative of
Production Agency may be included as an associate member.
64. Single OEM equipment being fielded by multiple Indian vendors may have
joint trials if two or more Indian vendors so desire. The Indian vendors who
will jointly field the equipment, may place a request and provide an
undertaking that they will accept the trial results jointly and severally.
65. FET will normally be conducted on NCNC basis. There may be cases where
trials are not visualised or trials need to be conducted abroad in vendor
premises. Where field evaluation is not feasible, there may be possibility of
conducting evaluation through computer simulation. In such cases, the exact
scope of the trials shall be included in the Statement of Case while seeking
the AoN. The SCAPCC shall debate the scope of trials and recommend
suitable options to be approved by the SCAPCHC/DPB/DAC, as applicable.
66. There may be cases when, during the process of trials in India, it emerges
that certain validations need to be carried out abroad in the vendor premises.
This may be necessitated due to export restrictions, security related issues,
availability of testing infrastructure/platforms or such like reasons.
Permission for such validations to be carried out abroad would have to be
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sought from the Raksha Mantri. Similar actions as given in paragraphs 58 65 (Chapter II), would be taken in the cases where Trial Teams are deputed
abroad for evaluation purposes.
67. In certain cases, particularly in those involving integration of systems or
sensitive equipment, the Acquisition Wing can depute a Multi-Disciplinary
Technical Delegation abroad for evaluation and an Empowered Committee
for negotiation purpose; both could be combined as a Multi-Disciplinary
Committee. The Technical Delegation should have representatives, on need
basis, from the user service, DRDO, Maintenance agency, QA agency and
the TMs. In addition, AMs, and FMs or their representatives will be included
in the Empowered Committee. Such committee would be constituted after
due approval of the DPB.
68. After the acceptance of TEC Report, all selected vendors would be asked to
provide their equipment for trials in India, except when trials are to be
conducted at vendor premises. Any vendor failing to produce equipment for
trials by due date would normally be given a grace period of 15 days to
produce the equipment for trials. An additional grace period of up to 30 days
may be obtained by SHQs from their respective Vice Chiefs or DG-ICG,
keeping in view the practical time period necessary for trials. Equal
opportunity would be provided to all vendors while granting such grace
period. Wherever feasible, the entire trials viz. user, technical,
Maintainability Evaluation Trials (MET) and EMI/EMC would be
conducted simultaneously in order to save time. If the equipment is not
fielded at the start of trials, then the vendor/equipment would not be
considered at a later point of time.
69. All evaluations for confirmation/validation of parameters should be
completed and accepted prior to commencement of the CNC. In cases where
subsequent confirmation/validation are merited, the same would be
approved in the Staff Evaluation Report duly recorded in the CNC minutes.
Approval of CFA would be sought specifically on such issues.
Staff Evaluation
70. The Staff Evaluation will analyse the Field Evaluation results and shortlist
the equipment recommended for introduction into the services. The Staff
Evaluation Report will be approved by the Service Head Quarters and
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SHQs will initiate SoCs for Design and Development cases from
LTIPP/SCAP/AAP in consultation with DRDO/DPSUs/OFB.
b)
AoN for Design and Development cases under 'Buy (Indian - IDDM)'
category, with IC as specified by DRDO/DPSUs/OFB, would be
sought by SHQ from the DAC prior to commencing the case. The SoC
would include, inter alia, PSQRs; Minimum Order Quantity (MoQ);
and timelines up to successful completion of trials and issue of
commercial RFP. In certain cases where the quantities are limited and
production by industry is not feasible, production could be undertaken
by DRDO/DPSUs/OFB with the approval of DAC.
c)
d)
72. Cases in which bids have been submitted by more than one bidder in a
competitive manner, and the Staff Evaluation after trials shortlists only one
equipment for introduction into service would not be considered as a single
vendor situation, as the techno-commercial offers would have been received
before trials and the commercial bids were competitive in nature. Bidders
had submitted their offers in an open competition and were not aware of any
single bidder getting approved after the trials.
73. Turnkey Projects: There are cases where the project involves supply,
installation and commissioning of varied machines/equipment for
establishing
specialized
maintenance/
information
technology/
communication/ storage/ overhauling facilities (with or without
infrastructure) at one or more locations in country. Such products including
up-gradation/modernization of existing assets may be carried out on Turnkey
Basis and may also include setting up of requisite specialized technical
infrastructure. The scope of such projects is large and varied involving
number of activities, hence there is a requirement of identifying a single
agency capable of completing the project on a Turnkey basis. In this context
apart from the vendors listed as per paragraph 29 (Chapter II), reputed
integrators would also be considered. Being a Turnkey Project, the trials are
not initially envisaged till establishment of the Test Bed and hence it is
essential to select the vendors with requisite capabilities prior to issuing RFP,
as per the SOP (ID 3(65)/ D (Acq)/44) published by MoD, dated 17/10/14,
and amended from time to time. For such cases, a Detailed Project Report
(DPR) would be worked out by the SHQ concerned. It should lay down the
detailed scope of work involved, bill of material, approximate cost estimates
and the time frame for project completion. This report should be placed
before the GSEPC for ratification. The DPR would be forwarded to the
services capSCAPCC/SCAPCHC and thereafter to SCAPCHC/DPB/DAC as applicable,
ital acquisialong with the Statement of Case while seeking the AoN and categorisation.
tion plan
categorisatio
In certain complex cases, the DPR may be outsourced by SHQ, the
n higher
justification of which may be given in the statement of case for seeking the
committee
AoN. Consequent to the AoN, a committee would be formed comprising
(SCAPCHC)
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R.T
action
taken report,
result
framework
document,
detailed
project
report
74. Technical Oversight Committee: TOC must provide expert oversight over
the technical evaluation process. The Acquisition Wing will constitute a
TOC for all acquisition proposals in excess of Rs. 300 crore, and for any
other case recommended by the Defence Secretary/DPB/DAC. The TOC
will comprise three members drawn from a standing panel of specialists
(serving Service Officers, DRDO scientists and DPSU officials). Members
of the standing panel should be maintained by the Acquisition Wing for a
maximum term of 2 years. Panelist nominated should have adequate
seniority and experience and should not have been involved with that
acquisition case, in any capacity in the past. The TOC will be tasked to see
whether the trials, trial evaluations, compliance to QRs and selection of
vendors were done according to prescribed procedures. Mandate of TOC
would also include providing oversight on the adopted trial methodology
during trials vis-a-vis trial methodology given in the RFP and the trial
directive. The TOC will also review and bring out the status of a grievance
or complaint, if any existing at this stage, pertaining to acquisition scheme,
and will have to give its observations and recommendations, based on a
majority decision, within 30 days, which may be extended by a maximum
period of 15 days, with the consent of the Defence Secretary. Technical
Managers of the Acquisition Wing will provide the secretarial support to the
TOC and ensure availability of all inputs from DDP/Acquisition Wing,
Defence Finance and SHQ to the TOC. The SHQ will clarify any queries
raised by the TOC. The TOC report will be submitted to the Defence
Secretary for approval.
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79. Once the L1 vendor is identified in multi-vendor cases, the contract should
be concluded with the vendor and normally there would be no need for any
further price negotiations. However, it is important that the reasonability of
the prices being accepted for award of contract should be established. In all
cases, CNC should establish a benchmark and reasonableness of price, as a
preliminary activity, in an internal meeting before opening the commercial
offer. Wherever necessary, service of experts or information from
institutional sources, may be utilized by the CNC for preparing benchmark
price for a given scheme. Once the commercial offers are opened and the
price of the vendor is found to be within the benchmark fixed in the internal
meeting, there should be no need to carry out any further price negotiations.
The RFP in multi-vendor cases should clearly lay down that no negotiations
would be carried out with the L1 vendor once the reasonability of the price
quoted by the vendor is established. Aspects of advance and stage payments
(where applicable) should also be given upfront in the RFP so that it
facilitates selection of L1 vendor.
80. In case it is found that the lowest tenderer (L1) is not able to supply the entire
quantity within the prescribed time-frame, the CNC will have the authority
to divide the quantity amongst other qualified tenderers (L2, L3. in that
order), on the condition that other tenderers accept the price and terms &
conditions quoted by the lowest tenderer. In cases, where it is decided in
advance to have more than one source of supply, ratio of splitting the supply
would be pre disclosed in the RFP.
81. Cases in which contracts have earlier been signed and benchmark prices are
available, the CNC would arrive at the reasonable price, taking into
consideration the escalation/foreign exchange variation factor. The
endeavour should be to conclude the CNC early so that the
operational/urgent requirement of the indenting Service is met in a timebound manner.
https://legalvision.com.au/part-1-understanding-optionclauses-in-commercial-leases/
82. For certain category of items, where orders have been placed in the past or
involves invoking of the Option Clause, there could be downtrend of prices
since the last contract. It would thus be necessary for the CNC to verify that
there has been no downward trend since the last purchase and this would
have to be kept in mind while arriving at the prices.
83. To ensure product support during the assured life cycle of the product, the
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after clearance from CFA. The following cases would fall under the
purview of this provision:
a) There are occasions when equipment of proven technology and
capabilities belonging to a friendly foreign country is identified by our
Armed Forces while participating in joint international exercises. Such
equipment can be procured from that country which may provide the
same, ex their stocks or by using Standard Contracting Procedure as
existing in that country. In case of multiple choices, a delegation may
be deputed to select the one, which best meets the operational
requirements.
b) There may be cases where a very large value weapon system/platform,
which was in service in a friendly foreign country, is available for
transfer or sale. Such procurements would normally be at a much lesser
cost than the cost of the original platform/weapon system mainly due
to its present condition. In such cases, a composite delegation would be
deputed to ascertain its acceptability in its present condition. The cost
of its acquisition and its repairs/modifications would be negotiated
based on Inter-Governmental Agreement.
c) In certain cases, there may be a requirement to procure a specific stateof-the art equipment/platform, however, the Government of the OEMs
country might have imposed restriction on its sale and thus the
equipment cannot be evaluated on No Cost No Commitment basis.
Such equipment may be obtained on lease for a specific period by
signing an Inter-Governmental Agreement before a decision on its
purchase is taken.
104. In cases of large value acquisitions, especially cases requiring product
support over a long period of time, it may be advisable to enter into a
separate Inter Government Agreement (if not already covered under an
umbrella agreement covering all cases) with the Government of the country
from which the equipment is proposed to be procured after the requisite
inter-ministerial consultation. Such an Inter-Governmental Agreement is
expected to safeguard the interests of the Government of India and should
also provide for assistance of the foreign Government in case the
contract(s) runs into unforeseen problems.
105. Procurement on Strategic Considerations: In certain acquisition cases,
imperatives of strategic partnerships or major diplomatic, political,
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a)
b)
Conclusion
Page 34 of 35
Page 35 of 35
Page 1 of 19
6. The sub-category under Make category shall be further sub-divided into the
following:
6.1 Make-I (Government Funded): Projects under Make-I sub-category will
involve Government funding of 90%, released in a phased manner, and based
on the progress of the scheme, as per terms agreed between MoD and the
vendor.
6.2 Make-II (Industry Funded): Projects under Make-II category will involve
prototype development of equipment/system/ platform or their upgrades, or
their sub-systems/sub-assembly/assemblies/components with a focus on
import substitution, for which no Government funding will be provided for
prototype development purposes.
8.
Make - PMU may also hire expert practitioners from domains such as finance,
legal and technology, from public and private sectors. Expenses for hiring the
services of experts/consultants shall be borne by the SHQ concerned.
Page 2 of 19
The acquisition process under Make Procedure would involve the following
functions:
a)
b)
c)
d)
e)
f)
g)
h)
i)
j)
k)
l)
m)
n)
o)
p)
Page 3 of 19
11. Based on collegiate decisions detailed in paragraph 10, or in other cases as may
be appropriate, SHQ shall forward an indicative list of potential Make projects,
together with draft Preliminary Service Qualitative Requirements (PSQRs), to
HQ-IDS for inclusion in relevant medium term and short term plans, as per the
projected induction timeframes, and estimated timelines for development of
prototype. The aim should be to pre-plan and pre-position Make programs so as
to initiate developmental activities sufficiently ahead of the actual requirements
of the capabilities.
12. The criteria for sub-categorization of the Make programs are as follows:
12.1 Make-I (Government Funded): Projects involving design and
development of equipment, systems, major platforms or upgrades thereof;
necessitating harnessing of critical technologies, and may involve large
infrastructure investment for development, integration, test and
manufacturing facilities. Usually, projects under Make-I sub-category will
involve a development period of not less than three years.
12.1.1 Projects under the MakeI sub-category, with estimated cost of
prototype development phase not exceeding Rs. 10 crore, will be
earmarked for MSMEs. However, if at-least two MSMEs do not
express interest for a Make-I program of less than Rs. 10 crore, the
same shall be opened up for all, under the condition that interested
MSME(s), if any at that stage and meeting the eligibility criteria,
will get preference over Non- MSMEs in selection of DAs.
12.2 Make-II (Industry Funded): Projects involving design and development
of equipment, minor platforms, systems, sub-systems, components, parts
or upgrades thereof; use of readily available commercial, military or dual
use mature technologies, which may involve marginal infrastructure
investment for development, integration, test and manufacturing facilities.
Import substitution will be a key focus of projects under this category.
12.2.1 Projects under the MakeII sub-category, with estimated cost of
prototype development phase not exceeding Rs. 3 crore, will be
earmarked for MSMEs. However, if no MSME expresses interest
for a Make-II program of less than Rs. 3 crore, the same may be
opened up for all, under the condition that interested MSME(s), if
any at that stage and meeting the eligibility criteria, will get
preference over Non- MSMEs in selection of DAs.
Page 4 of 19
Feasibility Studies
15. SHQ would be responsible for undertaking feasibility studies of all projects under
AAP Make. The aim of this study would be to identify the projects which
Indian Industry has the capability to design and develop, within the timeframe
required by the respective Services.
16. Feasibility studies will be carried out with involvement of all important
stakeholders such as HQ-IDS, DRDO, DDP, Advisor (Cost) and MOD
(Finance)/IFA as required. Industry associations including MSME associations,
OFB & DPSUs may be consulted if considered necessary. SHQ may engage
consultants/experts to assist in preparation of feasibility study report. Funding
requirements for preparation of feasibility studies shall be borne by SHQ.
17. The Feasibility Study shall include following aspects:
a)
b)
c)
d)
e)
f)
g)
h)
i)
j)
case may be. The SCAPCC will refer the SoC for according AoN to SCAPCHC
for an estimated cost up to Rs. 150 Crores. For cases beyond Rs. 150 Crores, the
SHQs/initiating departments will refer cases to the SCAPCHC, which will carry
out the task of categorization, based on the recommendations of SHQs/initiating
departments, and refer the cases between Rs. 150 crores to Rs. 300 to the DPB,
and refer cases beyond Rs. 300 crores to DAC for accord of AoN. However,
incase three DAs are to be selected for the project, approval of DAC will be
required irrespective of the estimated project cost.
22. Following would be highlighted in the SoC seeking AoN by SHQ:
a)
b)
c)
d)
e)
f)
g)
h)
i)
j)
23. The AoN shall be sought based on the combined estimated cost of prototype
development phase and the cost of subsequent procurement under Buy (Indian
IDDM) as detailed in paragraph 5 (Chapter III). The cost of development and the
procurement should be indicated separately in the SoC.
Validity of AoN
24. AoN for Make category projects will be valid for one year. For all sub-categories
where EoI is not issued within one year from accord of AoN, SHQ would have to
move a case for revalidation of AoN with due justification for not processing the
case on time. For cases where the original EoI has been issued within one year
from accord of AoN, and later retracted for any reason, the AoN would continue
to remain valid, as long as the original decision and categorization (sub-category)
remain unchanged, and the subsequent EoI is issued within six months from the
date of retraction of original EoI.
Page 7 of 19
Constitution of IPMT
25. Once AoN is accorded for acquisition under Make category, the Department of
Defence Production/SHQ will constitute an Integrated Project Management Team
(IPMT) under Head of Make - PMU or suitable officer belonging to the Make PMU, who will also act as member secretary of IPMT; IPMT will consist of
representatives from SHQ, HQ-IDS, DRDO, DDP, DGQA/DGAQA/DGNAI,
Advisor (Cost), MoD (Finance)/IFA as required, and other experts if considered
necessary.
26. The IPMT, through the Make-PMU Head for the service, shall submit sixmonthly progress report to the Defence Production Board (DPrB) through
Principal Staff Officer (PSO) concerned at SHQ. The DPrB shall provide policy
guidance as may be required in Make cases. The IPMTs responsibilities shall
include the following important functions:
a) Preparation of Project Definition Document (PDD).
b) Short listing of Indian companies/organisations for the purpose of issuing EoI.
c) Preparing expression of Interest (EoI) preparation and obtaining approval
thereof from the PSO concerned at SHQ and issue of EOI.
d) Assessment and Ranking of EOI responses, and obtaining approval for DAs
from DPrB.
e) Receipt and evaluation of DPRs from short-listed DAs.
f) Finalisation of DPRs on technical, financial and other aspects.
g) Preparation of draft Project Sanction Order (development contract).
h) Obtain CFA approval, through DDP, as per extant delegation of financial
powers detailed in Appendix (xxx) (Chapter III).
i) Monitoring and reporting of aspects relating to prototype development
including generation of Intellectual Property.
j) Any other responsibilities as may be entrusted by the DAC/DPrB/PSO at
SHQ.
28. Short listing of Indian vendors for issue of EOI shall be done by IPMT from the
list of companies/organizations received from SHQs, and additional
companies/organizations if any, as per response to IPMTs request for Make
proposal from Indian Industry hosted on the website of MOD.
29. The details of the vendors shortlisted for participation in the Make projects
would be maintained by the SHQs, and the same would be placed in the public
domain by them. Relevant extracts of PSQRs would be circulated as part of an
EoI, issued only to Indian vendors short-listed by IPMT. The EoI shall be
approved by the PSO concerned at SHQ and shall contain all information as per
sample format at Appendix (xxx).
30. All evaluation criteria, sub-criteria etc., including respective weightages accorded
to each of them, for assessing responses from EoI recipients (Individual as well
as for AoP), shall be finalized and detailed as part of EoI.
31. Indian vendors who are issued an EoI, shall have the choice to respond either in
their individual capacity as EoI recipients, or as an AoP (i.e. consortium) of Indian
companies/organizations, through an AoP Agreement led by an EOI recipient, as
enumerated at Annexure (xxx) of Appendix (xxx).
Page 9 of 19
35. The DAs, shall then be required to submit a DPR, including cost estimates, as per
sample format at Appendix (xxx), to IPMT for their examination. For this
purpose, PSQRs and relevant extracts from the PDD will be shared by the IPMT,
with the short-listed DAs. The DPRs shall be prepared by DAs and examined by
the IPMT with specific reference to project milestones as described in subparagraphs 51.1 to 51.7 Chapter (III).
36. Prior to CFA approval, the IPMT will engage with the selected DA(s) for any
modifications/refinements/amendments to DPR, if considered necessary. DA(s)
may collaborate with academic and/or research institutions and/or foreign
companies/foreign research and academic institutions having required
technologies for the development of project. DA(s) would be required to disclose
the details of such collaborations in DPR. IPMT will submit the finalized DPR to
Secretary (DP), through PSO concerned at SHQ, for approval.
Funding
39. Funds for development projects approved under this procedure shall be borne
under the Account Head Make Procedure - Prototype Development Account
operated by respective SHQs.
Page 11 of 19
Cost Overrun
49. Based on the recommendations of IPMT, cost overruns may be approved by the
CFA concerned.
Time Overrun
50. The approval of extension of timelines for any Make project up to 20% of the
timelines agreed upon in the approved DPR may be accorded by
VCOAS/VCNS/DCAS/DG-ICG/CISC, based on the recommendations of HeadPMU, and extension of time beyond 20%, the matter would be referred to DPrB.
51.2
Preliminary Design Phase: During this phase, the design parameters are
established for configuration, performance in compliance to users
requirements and trade-off in the design. This also takes into
consideration various tests and studies to be conducted.
51.3
51.4
51.5
Test & Analysis Phase: Concurrent with the design phase, testing of
several components, system/sub-system is undertaken. Test and analysis
should also include software verification. Design testing through
simulation can also be undertaken. The testing may require specialized
facilities like conduct of proof firing and extensive firing trials for weapon
systems. Provisioning of laboratory and other in-house facilities and
special equipment, if any, shall be made on terms and conditions as agreed
upon in the approved DPR.
51.6
Page 13 of 19
51.7
Performance Evaluation Phase: After the integration of the various subsystems, the prototype would be subjected to technical and limited field
trials to assess the overall performance of the systems against stated SQRs
by the development agencies and IPMT. Based on the test and analysis
conducted by them, there may be a need for change of design to meet
essential SQRs. This is a continuous process until the design is finally
proven, and meets the essential SQRs, subject to agreed time limits as per
approved DPR.
52. After the prototype has been developed, the IPMT would carry out user trial
readiness review of the prototype before offering it for user trials.
53. Intellectual Property Rights (IPRs) in the Make projects undertaken under
provisions of this Chapter shall vest as described in Appendix (xxx).
User Trials
54. User trials would be carried out by the SHQ in close consultation with IPMT to
validate the performance of the system against the parameters/ specifications
approved after the development of prototype. SHQ will formulate the trial
Directives and constitute the Trial Team. The trial directive must specify the
fundamental points that need to be addressed for validating the essential
parameters.
55. The SQRs of the equipment would therefore be a part of the trial directives, and
only the essential parameters as detailed in the SQRs will be tested. The validation
of the support system and maintainability trials, integral to and complimenting
the trial programme of the defence equipment/upgrades/product/system should
be held simultaneously, wherever feasible. Representatives of DRDO, QA agency
may also be part of the field evaluation, based on requirement. The user can
recommend modification to the system for ease of handling and its
maintainability. At this stage, no changes should be suggested which require redesigning of the system/sub-system or technology upgrade. Such suggestions
would only be considered and implemented in subsequent phases of development.
56. Based on the inputs of SHQ/IPMT, the DPR will clearly include the list of
trials/items/facilities/consumables, which will be provided free of cost during
trials. It will also specify the number of times free tests will be carried out. The
liability against any collateral damages/third party, to the extent permitted under
the Indian Insurance Act, occurring during the course of trials should be covered
Page 14 of 19
through insurance cover by the respective DA(s). The cost of such insurance
cover may be included in the project under DPR.
Staff Evaluation
57. Based on the User Trials, the SHQ would carry out a staff evaluation, which gives
out the compliance of the demonstrated performance of the equipment vis--vis
the SQRs. The staff evaluation report will be approved and accepted at the Service
Head Quarters by the VCOAS/VCNS/VCAS/DG-ICG/CISC. On acceptance of
the Staff Evaluation, the SQRs shall form the basis for the Buy (Indian IDDM)
category of acquisition.
58. Once the Staff Evaluation Report is accepted and final installment under
prototype phase as per DPR has been released, no more funds would be released
from Make Procedure - Prototype Development Account.
59. The procedure followed for procurement would thereafter be same as for Buy
(Indian IDDM) category as defined in paragraph 5 (Chapter III), from the
successful DA/DAs, in accordance with Chapter II, except to the extent outlined
below. The quantities in the Buy (Indian IDDM) phase cannot be reduced from
the quantities indicated in EoI issued for the prototype development phase.
Upgrades
68. The next phase of up-gradation of the prototype for development of its Mark
II/Mark III variants would be guided by desirable parameters of PSQRs.
Foreclosure
71. In case the project does not proceed according to the predetermined milestones
as per paragraph 51.1 or 51.7 of this chapter, and as agreed in the DPR, and/or if
there are undue time and cost overruns, or failure of the prototype(s) on staff
evaluation or on account of any other reasons, the Make project may be
foreclosed in respect of the DA(s) concerned and proposal for foreclosure will be
approved by the authority who had accorded AoN.
72. In such cases, the total expenditure made by the DA(s) on the prototype
development till foreclosure would be assessed and if excess funds have been
paid to the DA(s), the same shall be recovered; if the expenditure is in excess of
the amount paid, the balance shall be paid to the DA(s). The total amount paid to
the DA(s) shall be written off with the approval of the competent authority.
73. The ownership of all tangible assets and the developed prototypes under the Make
I category shall vest with the MOD. These may be passed on to the DA at
depreciated value as per the extant guidelines of the Government of India.
74. In case of foreclosed Make-I sub category of projects, the tangible assets thus
created may be disposed of as per the extant Government guidelines. Expenditure
incurred on intangible assets as defined in the relevant Indian Accounting
Standards will be written off with the approval of competent authority.
Page 18 of 19
Page 19 of 19
Preamble
3.
In accordance with the Defence Procurement Procedure, Capital
Acquisitions have been categorized under six main categories as described at Para
6 to 11 of Chapter I of DPP, namely; Buy (Indian-IDDM), Buy (Indian), Buy
(Global), Buy and Make Buy and Make (Indian) and Make. Naval
shipbuilding is a capital and technology intensive complex activity that requires a
separate procedure for design / construction /acquisition of naval ships, submarines,
yard crafts, auxiliary ships and Coast Guard vessels through design/construction.
This Chapter is divided into two sections as follows:(a) Section A. Acquisition of Naval and Coast Guard Ships, submarines,
yardcrafts and auxiliary crafts etc by nomination to DPSU.
(b)
Section B.
Page 2 of 24
Section A
Acquisition of Naval and Coast Guard Ships, Submarines, Yard Crafts and
Auxiliary Crafts etc. by Nomination to DPSU.
5.
Applicability. This section is primarily applicable for acquisition of
Naval/CG ships, submarines, auxiliaries, yard crafts and Coast Guard vessels of
indigenous designs by IHQ MoD (N) to be constructed by DPSU shipyard(s) on
nomination basis. However, it can be used as guidelines wherein the design is
undertaken by the nominated shipyard(s) and/or construction through nomination
to any other Indian shipyards.
6.
Procedure.
The Naval Ship Building Procedure under this section
will cover the following:(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(j)
(k)
(l)
(m)
(n)
(p)
(q)
(r)
(s)
Page 3 of 24
Page 4 of 24
11.
Cases for nomination of a yard for Coast Guard ships will also be approved
by the DAC based on the merits of each case.
Preliminary Design
13.
Based on the promulgated PSRs, the preliminary design, including hull
form design, weapons/ sensors/ equipment fit, identification of OEMs/ vendors for
specific weapons, sensors, machinery and equipment, model tests, validation studies
and other design activities are carried out by IHQ MoD (N)/Shipyard in consultation,
as necessary. The propulsion package, weapons/ sensors, hull equipment and engine
equipment may be identified by the customer. Based on the necessity, SHQ may
indicate the requirement for model test and other design validation studies as well
as for augmentation of existing design facilities at Design/ Production Directorate.
This will be authorised at the time of seeking AoN.
14.
Due to long gestation period in ship-building, there may be occasions
when systems/ equipment, which are still under development or those not fully
evaluated, have to be considered in order to ensure that the ship when ready has the
latest state of the art capabilities at the time of induction into service. The dates for
freezing of developmental system would be indicated in the contract. Further, due to
operational reasons adaptation of developmental systems, shortfalls observed during
installation/trials of equipment/systems etc may require modifications in design.
Preliminary Build Specifications
15. Based on the preliminary design, the Preliminary Build Specifications (PBS) of
the vessel are to be prepared by SHQ and forwarded to the nominated shipyard(s).
The SHQ and nominated shipyard will interact to finalise these and other related
documents.
Page 5 of 24
16. In cases where the vessel is not designed by IHQ MoD (N), the nominated
shipyard will prepare the preliminary build ship specifications based on the PSRs
and finalise these, along with draft contract and other related documents through
interactions with SHQ.
Build Strategy
17.
The nominated shipyard(s) is/are to propose a build strategy based on the
preliminary build specifications, required delivery schedules, yard infrastructure
and available resources. This would include the proposed construction schedule,
Level 1 work breakdown structure, detailed master control network with resource
allocation plan for utilization of shipyard manpower, infrastructure and committed
infrastructure up-gradation specific to the project, if applicable, outsourcing plan, the
tentative procurement schedule for major long lead items, including weapons and
sensors, and the schedule for design documentation and drawings. This should also
include shipyards plans to meet the resource requirements of the new project
together with other on-going projects.
Budgetary Cost
18. After approval of the build strategy by IHQ MoD(N), the shipyard(s) is/are to
forward a budgetary cost for the construction of the ship on the basis of the Build
Strategy, along with draft contract.
19.
Budgetary Cost - New Design Ships/ Follow-On Ships with Substantial
Design/Equipment Changes. In case of new design projects or Follow-on projects
with substantial design/equipment changes, the shipyard will forward estimated
budgetary cost broken down to the extent possible, into standard elements such as
labour cost indicating number of man-days, overheads, direct expenses, profit
payable to shipyard, specially contracted works, approximate cost of raw material,
all major equipment, weapons, sensors and propulsion machinery chosen, freight,
insurance, clearing charges, taxes, duties and levies on input materials and services
etc as well as the expected year wise cash flow separately for fixed and variable
component. The cost should take into account normal escalation in cost of
various elements and known equipment and machinery as per the scheduled time
of procurement, so as to arrive at an estimated completion cost. Details of cost
Page 6 of 24
elements, which cannot be assessed at this stage such as cost of new/ developmental
equipment, exchange rate variation etc should be explicitly indicated.
20.
Estimated Cost New Design Ships/ Follow-on Ships with Substantial
Design/Equipment Changes: The estimated cost of the project is to include the
budgetary cost provided by the shipyard, costs towards project studies, functional
design development through design bureaus /agencies and detailed design work by
shipyard/ specialist agencies. Augmentation of design facilities at Design/ Production
Directorate of Navy, creation of infrastructure and any other costs, if required in the
shipyard etc, are also to be reflected as separate items. Cost of supply of MRL - B&D
spares, up to 15% (excluding levies, taxes, and handling charges, transportation,
insurance, service tax on handling charges etc) of the basic cost of the vessel and
Cost of Manufacturer's recommended list of On Board Spares (MRL-OBS), may also
be included in the Estimated Cost, as applicable.
21. Variations in cost of equipment nominated to be supplied by OFB will be paid
as per actuals in the variable cost element of the project iaw Para 84 of Chapter II of
the DPP. For new design ships, the estimated cost shall be as close to the final cost as
possible explicitly indicating variable cost elements and projected cost of weapons,
related sensors and other items under development, if any.
22. Cost for BFE integration (on a case to case basis) will be decided by the CNC.
23. Budgetary Cost Follow On Ships: In case of ships of Follow on projects
with minor design changes or equipment change requiring minimal design changes,
the shipyard is to forward a firm cost for construction of the ship with variable
element only for new and developmental systems, if any, in conformance with
the Build Strategy, indicating the year wise requirement of funds.
24. Estimated Cost Follow On Ships: The estimated cost should be carefully
worked out based on the budgetary quote given by the nominated shipyard and
should be broken down into fixed and variable cost elements, such as labour cost
indicating number of man-days, overheads, direct expenses, profit payable to
shipyard, specially contracted works, approximate cost of raw material, all major
equipment, weapons, sensors and propulsion machinery chosen. Any other costs, if
required in the shipyard etc, are also to be reflected as separate items. Cost of supply
of MRL - B&D spares, up to 15% (excluding levies, taxes, and handling charges,
transportation, insurance, service tax on handling charges etc) of the basic cost of the
vessel and Cost of Manufacturer's recommended list of On Board Spares (MRLOBS), may also be included in the Estimated Cost, as applicable.
Page 7 of 24
Cost for BFE integration (on a case to case basis) will be decided by the CNC.
27.
Modifications: In view of Para 14 above, the construction of ships may
require to accommodate unforeseen changes necessitated due to minor operational
requirements of the user etc. Since it is not feasible to forecast these, a provision needs
to be made for the same, while obtaining CCS/CFA approval. The extent of
modification cost would be examined by SCAPCHC/DPB/DAC, as the case may be.
Based upon the deliberations during the accord of AON a percentage of the project
cost will be included in the CFA approval on 'Not Exceeding Basis' for modifications,
subject to a maximum of 4% of the basic cost. Payment for contingencies, as per
actual, will also be included under this Head. Any extra time required beyond the
delivery date of the ship, on account of modification would be restricted to a
maximum of 4% of the original contract delivery period under the project.
Expenditure on modification/contingency cost along with commensurate time
extension (if any) will be approved by the concerned CFA based upon delegated
financial powers in consultation with IFA.
Contract Negotiations
28. Before seeking the approval of CFA, negotiations on the price and the other
aspects of the contract with shipyard are to be undertaken and concluded by a
Contract Negotiation Committee (CNC). The standard composition of the CNC shall
be as indicated at Appendix B to Chapter I of this procedure.
Approval of CFA
29.
The proposal for the design and construction of the ship is thereafter,
to be taken up for the approval of the CFA.
30.
The proposal for CFA approval should indicate the estimated cost of the
project as brought out above, the time schedule for completion, spread of
expenditure, availability of funds, categories and operational details of major
Page 8 of 24
weapons, sensors, propulsion machinery and other major equipment sought for
fitment on the ship. The capability and potency of the weapons and related sensors
may be clearly indicated in the draft CCS note.
31.
While seeking CFA approval, the time schedule for the following activities
as applicable may also be specifically indicated:-
(a)
Freezing of SRs.
(e) Broad ordering schedule for weapons and sensors, major equipment
and propulsion machinery and also price negotiations with nominated
shipyard for the entire project in case of Follow-on Projects.
(f) Time schedule for obtaining subsequent approval of CFA for new
design ships, Follow on ships with substantial design/equipment changes.
32. Follow On Ships. For Follow on Ships, CFA approval would be sought
on fixed price basis if there are minor changes in the design/equipment fit. In case
of substantial changes in the design/ equipment fit, CFA sanction is to be obtained
in two stages in accordance with Para 29 below.
33. New Design Ships/ Projects with Substantial Changes in
Design/Equipment: In cases of new design ships as well as Follow on projects with
substantial changes in design/equipment vis--vis parent ship, where it is not
possible to estimate the likely firm cost of components, subsequent approvals of
the CFA need to be obtained as the cost elements are firmed up. In such cases,
based on the first stage approval of CFA, the work on shipbuilding, viz., ordering
of equipment and material and development of detailed/production design, etc,
commencement of construction can start. The ordering of equipment under variable
component will be progressed in accordance with diagram at Para 37. Thereafter,
after firming up estimates of all cost elements under variable cost, second stage
Page 9 of 24
approval of CFA will be taken on cost estimates (on not exceeding basis (if
necessary), within a period, preferably within two years or as specified at the time
of initial CFA approval on a case to case basis.
The contracts should be on Fixed Price basis for Follow-on ships and on
Fixed plus Variable Price in case of new design or Follow-on ships with substantial
design/ equipment changes based upon the first stage CFA approval, indicating
inter alia permissible price escalation, exchange rate variations, increase in
statutory levies etc. However, variable price element would be indicated on not
exceeding basis in the Supplementary Contract based on the 2nd stage CFA
approval.
35.
The contract is to be signed within a period of two months from the
date of CFA approval. In cases, where subsequent CCS approvals are necessitated,
Supplementary Contracts are to be signed within two months of such approval. In
case of delay in signing of contract, approval of RM is to be sought with full
justification for the delay.
36.
In view of the peculiarities associated with the design and construction of
naval ships, illustrative contracts shall be promulgated separately by MoD/ DDP for
guidance.
37.
Amendments to contracts concluded with the shipyards will be affected
after due approval of MoD and MoD (Finance).
Detailed Design
38.
On conclusion of contract, shipyard is to commence Detailed Design, order
equipment & material and obtain binding data for the detailed design. The actual
construction of the ship can, however, start in parallel along with the detailed design.
Page 10 of 24
39.
Procurement of Non-Weapon Equipment. Procurement of long lead and
other items are to be initiated at an early stage, to ensure timely availability based
upon the construction schedule. Due to the peculiar nature of the ship construction
activity, different procedures have to be followed for procurement of equipment and
material for the ship. The procurement of all yard materials, ship borne hull
equipment & material, associated fittings as well as Propulsion machinery and
Engineering Equipment will be by the shipyard.
40.
(iii)
Indigenous Weapons and related Sensors under Development
or existing in Service: Procurement of indigenous weapons and related
sensors under development or existing in service is to be carried out by
the shipyard. Technical Negotiations/ Price Negotiations will be
undertaken by a Committee constituted by the Shipyard with reps of SHQ
and MoD (Fin). The placement of order would be by the shipyard.
Page 12 of 24
41.
The procedure for procurement of ship-borne equipment is broadly
depicted in the diagram below:SHIP
Hull Equipment
and Materiel
Weapon
& related
Sensors
Shipyard
INDIGENOUS: Those
systems
that
are
developed/
produced
by
Indian
vendor,
public or private, either
by
themselves
or
through
technical
collaboration.
Technical
Negotiations/ Price
Negotiations
by
Committee constituted
by shipyard with reps
of Navy and MoD
(Fin)
and
placement of order by
shipyard
Propulsion machinery
and Engineering
equipment
Shipyard
IMPORT (New):
In
principle
approval by DPB/
DAC
Procurement as Buyer
Furnished Equipment
(BFE)/
order
by
shipyard
wherein
Technical
Negotiations/Price
negotiations
by
Committee constituted
by shipyard with rep of
Navy and MoD (Fin).
IHQ MoD (N) may
carry out FET of such
weapons and sensors
through the shipyard
IMPORT (Existing
in Service) Those
weapons and systems
which exist on earlier
platforms and have
been performing
satisfactorily
Technical
Negotiations/ Price
Negotiations by
Committee
constituted by
shipyard with reps of
Navy and MoD
(Fin) and placement
of order by shipyard
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Payment Terms
46. The payment terms for each shipbuilding project would be negotiated and
finalised by the CNC since these are dependent upon the indigenous and imported
content of the equipment fit. However, a broad suggested payment schedule, for
fixed price element, is placed at Appendix A and Appendix B for guidance.
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Monitoring of Projects
49. After conclusion of contract, physical construction activity is to
commence at the shipyard. All shipbuilding projects are to be monitored as
follows:(a) Six monthly review by an Apex Steering Committee under the
Chairmanship of Secretary (DP) as notified by MOD.
(b) Committee under the chairmanship of CWP&A with members from
MoD (Acq Wing/DP/ Fin/ DGQA/DGAQA/DGNAI), Design/ Production
Directorate, CDA (N) and shipyard that will monitor shipbuilding projects
on a quarterly basis. Such reviews may be delegated to nominated reps on
as required basis. A corresponding Committee may also be constituted by
ICG.
(c) In case of ICG, the Committee would be headed by JS&AM (MS)
with DDG (M&M), PD (Mat), FM(MS), TM(MS), CMD of concerned
project as members.
50. These committees shall be suitably empowered to ensure efficient
execution of the project.
51. The Apex Steering Committee under the chairmanship of Secretary (DP)
will consist of the following officers:-
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Page 16 of 24
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and export duties as notified by Govt of India and paid by the project
authorities but excludes water, electricity charges and Petroleum, Oil &
Lubricants (POL) price increases.
(f) No expenditure beyond the existing sanction can be incurred unless
the revised project cost is approved by the Competent Authority as indicated
above. However, in exceptional cases, in the interest of the project, if such
a necessity arises, the procedure set out at Para 54 shall be followed. SubParas (a) to (e) above are in line with the guidelines issued by Ministry of
Finance vide O.M. No.1 (3)/PF II/2001 dated 18.2.2002.
(g)
In all cases where the revised project cost overrun is over
20% and is accompanied by time overrun of over 10%, while seeking
approval of CCS for the revised cost estimates and time schedule,
accountability aspects for such cost and time overruns should be fixed and
indicated in the CCS Note (in line with the guidelines of the Planning
Commission issued vide letter No.14015/2/980PAMD dated 19th
August,1998).
Liquidated Damages
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Review
59. Review of the procedure would be undertaken by the DPB as per guidelines
in force.
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SECTION B
ACQUISITION OF NAVALAND COAST GUARD SHIPS,
SUBMARINES, YARD CRAFT AND AUXILIARIES ETC ON
COMPETITIVE BASIS
Acquisition Process
61. The process of acquisition of ships under this Procedure would involve
following steps:(a)
(g)
(h)
Award of Contract.
(j)
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62. For cases being steered under 'Buy and Make (Indian)', the additional steps as
envisaged at Para 32 to 42 of Chapter II of DPP would also be applicable.
63. The applicability of various provisions of Chapter I, II and Section A
Chapter IV are enumerated below:Sl
No
Steps Involved
Concordance
(a)
(b)
Staff Requirements
(SRs).
Acceptance of Necessity
(AoN).
(c)
(d)
Solicitation
of
offers Evaluation of
Technical Offers by
Technical Evaluation
Committee (TEC)
Commercial
negotiations by
Contract
Negotiations
Committee
(CNC).
Approval of Competent
Financial Authority
(CFA). Award of
Contract
(e)
(f)
(g)
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Sl
No
(h)
Steps Involved
Contract
administration
post Contract
management
and
Concordance
(j)
Offsets
(k)
Modification
64.
Procurement of Ship Borne Equipment: The procurement of shipborne equipment would be undertaken by the shipyard in accordance with
the shipyards internal policy. Nominated Equipment/ Buyer Furnished
Equipment would be clearly defined in the RFP.
65.
Field Trials: The requirement of Field Evaluation Trials, as per Para 62
of Chapter II of DPP 16, will not be applicable for procurement cases in respect of
acquisition/construction of Ships, Submarines, Yard Craft, and auxiliaries, etc.
However, Simulated Signature Studies of complete platforms in respect of stealth
characteristics, magnetic signature, EMI/EMC, Noise analysis, etc may be
included in the SOC. The requirement of trials in the case of specialised new
induction equipment/sensors being bought through the shipyard route should be
detailed in the RFP. These would also be included in the Statement of Case while
seeking the AON.
66.
Transfer of Technology (ToT): In cases where ToT is being sought, the
appropriate Production Agency (PA) would be approved by the DAC based on the
recommendations of the DDP. Clauses in Chapter I covering ToT would apply in
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Miscellaneous
68. Closure of Project, LD, Deviations and Exemptions.
For approval of
cases for Closure of Project, LD, Deviations and Exemptions, provisions of
Section A (Paras 52 to 54) would apply.
69. RFP. All issues related to terms and conditions of procurement would be
amplified in the RFP. A standardised RFP is placed as Schedule to this Chapter.
70. Nomination of Equipment. To enable standardisation, accruing the
advantage of ToT, retain/select those equipment on Follow-on class/ships which
are fundamental to design, interchangeability,
interoperability,
repair
infrastructure, maintenance and support of OEM, spares logistics and
inventory control, system integration, training etc, SHQ may nominate
equipment from single vendor. For Weapons and related Sensors nominated on
Single Vendor by SHQ, the procedure of obtaining DAC approval outlined at Para
38 of Section A, as applicable will be followed. For other equipment, the
requirement of single vendor nomination will be vetted by a Committee
comprising members from SHQ, DDP (Dte of Standardisation) and IFA (N).
Based on the recommendations of the Committee, a certificate for procurement on
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single vendor basis, duly approved by PSO, will be issued. The nominated single
vendor equipment will be indicated in the RFP.
71. In case of competitive bidding, bank guarantees will be submitted by all
shipyards, including DPSUs, against non-deliverable stages. The deliverable
stages will be defined in the RFP.
-x-x-x-
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1.
Aim
2.
3.
Fast Track Procedures may also be applied for cases where undue/unforeseen
delay, due to reasons beyond the control of the acquisition set up, is seen to
be adversely impacting the capacity and preparedness of the regular and
special forces.
Scope
4.
The Fast Track Procedure (FTP) will cover acquisitions undertaken by the
Ministry of Defence and Defence Services under Buy category or outright
purchase. The acquisitions may or may not be part of LTIPP /SCAP / AAP.
Such acquisitions are applicable for both indigenous sources and ex- import.
Procurement proposals in which user trials are envisaged will not be under
the purview of FTP.
5.
The acquisition under FTP can be categorised as under:(a) Procurement of equipment already inducted into Service.
Page 1 of 11
7.
contract.
(ab)
8.
(aa)
Single vendor.
(ab)
Multi vendor.
(ac)
(c)
(d)
(e)
9. Given the limited time-frame, the FTP would necessarily have to be confined
to such items as would be available within the specified time-frames and
therefore, long lead items such as major weapon system should be avoided. The
items involved should preferably be such which are already in Service or have
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been trial evaluated or are available widely in the world /in service in foreign
defence forces / indigenous market for ready procurement so that the time
required for evaluation is minimised. The Indian DAs / Ambassadors in their
respective country would confirm the information furnished by the vendors
regarding the item being In Service in Foreign Defence Forces. The TEC would
include such information received from DAs in their technical compliance
statement.
(b)
(c)
Past Supplier for the Subject Item: In such cases a repeat order would
be placed on the vendor. The SHQ would forward a draft commercial
RFP to the Technical Manager. The draft RFP would be vetted in
collegiate manner by Acquisition, Finance and Technical Managers and
issued in the shortest possible time. The vendor can be called for
negotiations along with the commercial offer itself. Quantity to be
procured would be restricted to 100% of the quantity contracted earlier.
(d)
There may be a situation where the vendor who has supplied the
equipment earlier is unable to supply the required quantity within the
given time frame. In order not to proliferate the existing inventory,
Acquisition Wing will first invite commercial offer from the vendor and
negotiate the price based on the LPP. Thereafter Acquisition Wing in
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coordination with SHQ will invite all vendors (As approved by the
DAC), whose equipments have been trial evaluated and found
acceptable for introduction into Service, for supply of the balance
quantity of equipment at the negotiated price with the last supplier. The
apportionment of quantity would be as per the earlier L2, L3, in that
order.
12.
Solicitation of Offers: Solicitation of offers will be as per Single StageTwo Bid System. RFPs will be processed by SHQs within 10 days of
approval of the proposal by the Apex Committee. In order to save time,
collegiate vetting of RFP will be resorted to at Service HQs while obtaining
the views of maintenance and QA agencies. RFP would then be vetted in a
similar manner by Acquisition, Finance and Technical Managers. RFP will
be approved by Director General (Acquisition)/ Additional Secretary
(Acquisition) and issued by Technical Managers to all known vendors on a
limited tender basis.
13.
14.
17. Cases for which contracts have already been signed and benchmark prices
are available, the CNC would arrive at the reasonable price, taking into
consideration the escalation/foreign exchange variation factor. The
endeavour should be to conclude the CNC early so that the
operational/urgent requirement of the indenting service is met in a timebound manner. Guidelines to be followed for early conclusion of CNC are
given in succeeding paragraphs.
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18.
For certain category of items, where orders have been placed in the past, there
could be a downtrend of prices since the last contract. It would thus be
necessary for the CNC to verify that there has been no downward trend since
the last purchase and this would have to be kept in mind while arriving at the
prices.
19.
In case it is found that the lowest tenderer (L1) is not able to supply the
entire quantity within the prescribed time-frame, the CNC will have the right
to divide the quantity amongst other qualified tenderers (L2, L3. in that
order), on the condition that other tenderers accept the price and terms &
conditions quoted by the lowest tenderer, if feasible.
20.
21. Oversight Committee: For projects over ` 300 Crore, a committee comprising
Secretary (Defence R&D), Secretary (Defence Finance), Additional
Secretary of the Department of Defence and Deputy Chief at SHQ would
scrutinize each case from the procedural angle within three days before the
contract is signed / order is placed.
22.
Contract Conclusion: The contract will be signed after the CFA approval
of the case. The date of signing of the contract would be the effective date
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Additional Provisions
23.
24.
Pre-Contract Monitoring
35. Concerned SHQs would report the progress of FTP cases on a monthly basis
to the DPB.
Post-Contract Monitoring
36. While responsibility for contract administration and management would be
that of the SHQ concerned, post-contract monitoring would be conducted by
the Acquisition Wing. The projects would be reviewed by the Acquisition
Manager / equivalent Service Officer in the respective SHQs.
37. The concerned Services HQ would make arrangements to monitor the receipt
and ensure expeditious induction of stores subsequent to delivery of items. The
DPB would be informed about the progress of induction of the equipment on a
fortnightly basis.
38. Fall Clause: An undertaking would be sought from the bidder that he has not
supplied/ is not supplying the similar systems or subsystems at a price lower
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than that offered in the present bid in respect of any other Ministry/Department
of the Government of India and if the similar system has been supplied at a
lower price then the details regarding the cost, time of supply and quantities
should be included in the commercial offer. If it is found at any stage that the
similar system or sub-system was supplied by the Bidder to any other
Ministry/Department of the Government of India at a lower price, then that
very price with due allowance for quantities and intervening time period will
be applicable to the present case and the difference in the cost would be
refunded by the Bidder to the Buyer, if the contract has already been concluded.
Conclusion
37. This procedure would be in supersession of the Fast Track Procedure
promulgated vide MoD ID No 800/SS(A)/2001 dated 28 Sep 2001 & FTP-2006
which came into effect from 13 July, 2006.
-x-x-x-
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