Customs
Circular No. 29 Dated 16th
May, 2001
Ministry
has recently reviewed the powers available to Heads of Departments under
Delegation of Financial Power Rules (DFPRs) for awarding Annual Maintenance
Contracts (AMCs) for maintenance of computers, sites etc. At present as per Item
No.26(b) of schedule V of DFPRs Heads of Departments have full powers for hire
or maintenance of computers when the work is entrusted to public sector
undertakings. Doubts were raised regarding the scope of expression
‘Maintenance of Computers’, as to whether it would include maintenance of
site alongwith the DG sets, air conditioners etc. Department of Revenue has
examined the matter in consultation with Department of Electronics and
Department of Expenditure. Keeping in view the advise of these departments the
following guidelines and delegation are prescribed in the matter of awarding of
AMCs:
1.
Maintenance of Site:-
Maintenance
of computers generally includes maintenance of computer hardware (processors,
memory etc.) and peripherals (printers, plotters, scanners, secondary storage
device like tape devices etc.) Therefore the maintenance of site which includes
DG sets, air conditioners etc. is not covered under the scope of ‘Maintenance
of Computers’. Delegation described under aforesaid Item No.26(b) would not
apply to maintenance of DG sets, air conditioners, electrical installations etc.
for computers. Therefore Head of Department has no power to award the AMC for
site; in all such cases the Ministry’s prior sanction is required to be
obtained.
2.
Maintenance of Computers:
|
(a) |
In
the case of maintenance of computer hardware, heads of the department
shall have full powers to award AMC to public sector undertakings. It may
be clarified that the procedure as laid down in the GFRs will have to be
followed in all cases of award of AMC for hardware. Thus when the value of
the contract exceeds Rs.2 lakhs quotations will need to be invited and
selection made accordingly. AMC is to be awarded to the PSU only if its
quotation is the lowest one. In case the lowest bidder happens to be a PSU,
Head of Department can directly award the AMC at his level. However if the
lowest bidder is a non-PSU the prior approval of Ministry would need to be
obtained (subject to the delegation of power as at para 3 below). |
|
(b) |
In
case of maintenance of software for desktop PCs, in-house
staff can do the software maintenance as these systems have
generally preloaded software. No.AMC should be awarded for such software. |
|
(c) |
In
case of maintenance of software for Mainframe computers, head of
department shall have the full powers to award AMC to PSU subject to the
same guidelines as specified in sub para (a) above. |
3.
However, considering the large number of references being received from the
Commissionerates for award of AMC for hardware and peripherals, and in view of
non-availability of suitable public undertakings at some cities who can take up
the AMC, the Ministry has delegated the powers to the extent of Rs.2 lakhs per
annum to Heads of Departments for award of Annual Maintenance Contract to
private parties also, subject to compliance of the procedure laid down under
GFRs. Therefore the proposals for awarding AMC of computer hardware and
peripherals to private persons upto an aggregate limit of Rs.2 lakhs in a
financial year can be decided at the level of Head of Department.
All
proposals in excess of the above powers shall continue to be sent to the
Ministry through Commissioner (Systems). All Heads of Departments are advised to
send consolidated proposal for their Commissionerate. The proposal shall
indicate clearly that Head of Department has exercised his powers upto Rs.2
lakhs for award of AMC in the current financial year.
Sd/-
|
|
(Dr.
Vinayak Prasad) |
|
Under
Secretary to the Government of India |