Respondent no. 2 being a public sector
undertaking extended the benefits under MSMED Act and Public
Procurement Policy, 2012 to the MSEs registered under ... excludes, books, publications, periodicals
etc for a library) procured or otherwise
acquired by a procuring entity.
Procurement of goods may include certain
small work
While the focus in this judgment
and several others was the Public Procurement Policy 2012, we
are not concerned with that aspect of the matter ... dehors the
applicability of the Public Procurement Policy 2012 the
fundamental principle that can be gleaned from the aforesaid
discussion is that a works contract
mentioned in the tender notice that as per the public
procurement policy of Micro and Small Enterprises (hereinafter
referred to as 'MSE'), since ... specifically mentioned in the tender notice that, as per public
procurement policy on MSE, considering that it was a non-divisible
tender, an MSE quoting
mentioned in the tender notice that as per the public
procurement policy of Micro and Small Enterprises (hereinafter
referred to as 'MSE'), since ... specifically mentioned in the tender notice that, as per public
procurement policy on MSE, considering that it was a non-divisible
tender, an MSE quoting
procurement of "goods and
services" produced and provided by MSEs. The Provisions
of the Act and the Policy and therefore applicable to
procurement ... services rendered by MSEs.
However, traders are excluded from purview of Public
Procurement Policy.
43. The provisions of the Act would therefore not be
applicable
public servants in the public Offices
are likely to be motivated for monetary gain, or somebody
may use undue influence in public Office to commit ... documents from the public Office may be procured from
public servant as referred above , but copies of such procured
material also may expose the illegality
actions by public authorities. There is need to
maintain delicate balance between allowing the tendering
authority the necessary discretion to manage procurement
processes effectively ... transparency, which are
fundamental to the rule of law in public procurement. The
overarching theme in these judgments is the principle that
technical and commercial
trampled by the State, they would be dissuaded from participating in
public procurement processes which may have a negative impact on
such other public-private
actions by public authorities. There is need to
maintain delicate balance between allowing the tendering
authority the necessary discretion to manage procurement
processes effectively ... transparency, which are
fundamental to the rule of law in public procurement. The
overarching theme in these judgments is the principle that
technical and commercial
MSEs are concerned,
the order dated 23 March 2012 for Public Procurement Policy for
Micro and Small Enterprises (MSEs) Order, 2012 mandates
procurement from MSEs ... MSEs by
Respondent No.1-BPCL is in tune with the Public Procurement
Policy formulated under Section 11 of the Micro, Small and
Medium Enterprises
