Provisions of this Act not to apply in certain cases

The provisions of sections 9 and 10 shall not apply to procurement,- (a) during natural calamities and emergencies declared by the Government; (b) available from a single source only from a supplier or cases in which a particular supplier or contractor has exclusive rights in respect of the goods or services or construction and no reasonable alternative or substitute exists or where the procuring entity having procured goods, equipment, technology from a supplier or contractor determines that additional supplies must be procured from that specific supplier or contractor for reasons of standardization and compatibility with the existing goods, equipment or technology: Provided that a committee of three experts consisting one technical representative of the procuring entity, one technical representative of a State or Central Government Organisation dealing with similar procurement and one representative from a reputed Academic or Research Institution or Non-commercial Institution having expertise in such line, declares it as single source procurement; (bb) of a service, other than operations and maintenance, project or facility management, supervision, supply of manpower, outsourcing of tasks, leasing of machinery, equipment or vehicles and insurance, in any particular instance of procurement declared by the Government by notification, upon the recommendation of a committee comprising the Secretary of the department concerned of the Government, Secretary of Finance department or his representative, the Chief Executive Officer or the head of the procuring entity, one technical representative of the procuring entity and one representative from a reputed Academic or Research Institution or Non-commercial Institution having expertise in such line; (c) … (d) of low value and local purchases as may be prescribed; (dd) … (e) from the rate contracts of Association of State Road Transport Undertakings; (f) by spot purchase of agricultural commodities, agricultural produce and livestock from primary producers; by spot purchase of cotton by Spinning Mills; by spot purchase of animals for the Government programmes or schemes or for the Government departments from shanties; of Sugarcane purchase from farmers by the State Public Sector Undertakings or Co-operative Sugar Mills; of paddy by Direct Purchase Centres of the Tamil Nadu Civil Supplies Corporation; of clothing by the Government Departments or the State Public Sector Undertakings from the Tamil Nadu Handloom Weavers’ Co-operative Society; and from similar organizations and of similar goods and services, as may be notified by the Government; (g) of cement from the Tamil Nadu Cement Corporation Limited, or of paper from the Tamil Nadu Newsprints and Papers Limited: Provided that,- (a) a committee consisting of the Secretary to Government, Industries Department, the Secretary to Government, Finance Department and the Chairman-cum-Managing Director or the Managing Director, Tamil Nadu Cement Corporation Limited shall determine the price of cement to be procured; (b) the price of paper shall be negotiated with the Tamil Nadu Newsprints and Papers Limited by the procuring entity. (h) by the Co-operative Federations from their Federating units or Primary Co-operative Societies, of goods manufactured or services provided by them. (i) of question papers, required for conducting examinations subject to a certificate to be recorded by the procuring entity in the following format, namely.- “I am personally satisfied that material procured are of requisite quality and specifications and have been procured from a reliable supplier at a reasonable price.” (j) of consultancy and financial services from the Tamil Nadu Water Investment Company Limited or the Tamil Nadu Infrastructure Fund Management Corporation Limited or the Tamil Nadu Urban Infrastructure Financial Services Limited with the prior approval of the Government: Provided that a committee, consisting of the Secretary to Government of the Department concerned, the Secretary to Government, Finance Department and the Managing Director or the Chief Executive Officer concerned, of Tamil Nadu Water Investment Company Limited or the Tamil Nadu Infrastructure Fund Management Corporation Limited or the Tamil Nadu Urban Infrastructure Financial Services Limited, as the case may be, shall determine the fee for the services to be procured; (k) of coal from Coal India Limited or Singareni Collieries Company Limited or any other similar Public Sector Undertakings; (l) of services of chartering of vessels owned by the Shipping Corporation of India; (m) from the Government e-Marketplace (GeM) - Special Purpose Vehicle through rate contract, on-line bidding, on-line reverse auction and any other mechanism provided by the said Government e-Marketplace - Special Purpose Vehicle, as may be notified by the Government.