Page 15 - Plastics News April 2023

NOTIFICATION

No.F.1/1/2023-PPD
Government of India, Ministry of Finance, Department of Expenditure, Procurement Policy Division

264-C, North Block, New Delhi.
11th April, 2023.

Office Memorandum
Subject: Vivad Se Vishwas I - Relief for MSMES: Revised order.
Government has been getting many references from Micro, Small and Medium Enterprises (MSMEs) regarding dif-
ficulties being faced by them in the last two years due to COVID 19 pandemic. The Government had provided certain
benefits to the industry (including MSMEs) in Government contracts in the past. In continuation to the efforts of the
Government in this regard, this Department had issued an OM of even number dated 06.02.2023. Many references have
been received by this Department seeking clarifications on implementation of the scheme circulated on 06.02.2023. In
this context, it has been decided to issue following instructions in supersession of this Department's OM of even number
dated 06.02.2023 and 10.04.2023.
2. The following parameters will determine eligibility for benefits under this scheme:

Sr. No. Parameter Eligibility condition
i Nature of procurement eligible for the relief Procurement of Goods and Services
ii Central government procurement entities to Ministry/ Department/ attached or subordinate office/
whom this scheme applies autonomous body/ Central Public Sector Enterprise
(CPSE)/ Central Public Sector Banks/ Financial Institu-
tion etc.
iii Nature of the supplier/contractor eligible for Registered as a Medium, Small or Micro Enterprise
the scheme (MSME) as per prevalent scheme of Ministry of MSME
on the date of claim by supplier/ contractor.
MSME may be registered for any category of Goods and
Services.
iv Eligible contracts in case of forfeiture of per- Where original delivery period/ completion period
formance security or imposition of Liquidat- stipulated in contract was between 19.02.2020 and
ed Damages (LD) or the damages levied un- 31.03.2022 (both dates are inclusive).
der "Risk Purchase" (RP) or debarment action
In case of risk purchase, the original delivery period of
the main contract (and not the risk purchase contract)
should be between 19.02.2020 and 31.03.2022.
v Eligible tenders in case of forfeiture of Bid Tenders, where date of closing of the tender was forfei-
security ture of Bid security between 19.02.2020 and 31.03.2022
(both dates are inclusive).
(Earnest Money Deposit) or debarment ac-
tion

3. The following amount shall be refunded by the procuring entities as a relief under this scheme after determining
eligibility as per para 2 as above:

Sr. No. Cause of action Amount/ extent of relief
i Performance security forfeited by the pro- 95% of the performance security forfeited by the pro-
curing entities for failure to execute contracts curing entity.
by the contractors.

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