TRAI consultation on Telecom Manufacturing & Responses

1. TRAI CONSULTATION PAPER
2. TEMA Response
3. Annexure I to response- Note on TERC GRs
4. Annexure II to response- Note on sufficient capacity
5. TEPC Response

Govt. Orders on Make in India, Public Procurement & FAQ on PPP MII Govt Orders

1. Background of PMA-PPP-MII

The PMA started historically with orders from Department of IT now known as Ministry of Electronics and IT as Preferential Market Access(PMA) and later moved as Public Procurement ( Preference to Make in India) commonly called as PPP MII. These are issued by Ministry of Commerce and Industries- DPIIT, earlier called DIPP.

The orders issued by DPIIT/DIPP are applicable to all departments, ministries, all procurements. Orders issued by Prime Minister, CentralVigilanceCommissioner are also applicable to all departments/procurements. The PPP MII orders are issued with reference to General Finance Rules (GFR) hence applicable to all without any exception

However, the administrative departments or nodal ministries are permitted to issue their own supplementary/additional orders in support of DPIIT/DIPP orders. These mainly concerned to the products covered by these departments. These orders issued by nodal ministries are also applicable to all procurements by all the departments for the products identified by nodal ministries.

On several occasions the nodal/procurement ministries reiterates the DPIIT/DIPP/nodal ministries, for all their officers.

The ICT/Telecom/Mobile/Electronics products and services are procured by almost all procurement/departments. Nodal Ministries for these products are Department of Telecom (DOT), Department of Electronics and IT (MeitY-earlier DIT). Railways are another department procuring large ICT/ Video products.

2. Role of TEMA/CMAI in Make in India/PPP-MII/PMA policies and implementation

TEMA/CMAI are important stakeholders for Make in India policies and effectively represent the interest of manufacturers by participation in various policy meetings and interactions for policy, procedure, specifications, testing, manufacturing issues.

TEMA/CMAI has taken up various grievances, on behalf of Industry, regarding violations of Government policy on "Public Procurement (Preference to Make In India" (PPP MII) Order, 2017” as amended with 95% success rate. Large scale violation of policy by large buyers was observed and cases were taken up by us with PMO / DPIIT / Railways & DOT and most decisions were in favor of the domestic manufacturer. Government as well as our Hon’ble Prime Minister is committed to ensure adoption of domestic manufactured products in public procurement and TEMA/CMAI helps to ensure ground level implementation of the same.

Based on the experience and compendium of case studies, we would like to facilitate the procurement officers to understand the policy provisions, And at the same time help industries by taking up their grievances on PPP MII policy violations. Write to Ms Manisha GM CMAI/TEMA at cmaimanisha@gmail.com +91-999 917 5001

Assistance/Guidance available from TEMA/CMAI If you face following issues, then write to us so that we may take it up with the concerned Government authority.
  1. If you find PPP MII has not been applied in any Government/PSU/Smart City/State Projects funded by GOI tenders for products/works/SI/Turnkey/EPC.
  2. If you find that in some tenders the terms and conditions are restrictive for local manufacturers.
  3. If you find difficulty n meeting Local Content or Value Addition norms and fee need to reconsider the same.
  4. If you find that in spite of your legal and valid bid, the Government has not allotted the order to you.
  5. Any other issue with regard to clarifications in PPP MII
  6. If you feel that there is a need to include any other item in PPP-MII list by MeitY or DOT.
  7. If you wish to be a part of various committees/groups formed on PPP MII in MeitY /DOT/TEC/DPIIT etc.
  8. If you find need to file a legal case to defend your rights under PPP MII

The Copies of the orders for these departments are submitted below.

  1. Ministry of Commerce and Industries, DIPP/DPIIT is nodal department to issue PMA orders called PPP MII
    MAIN ORDERS
    1. First order issued on 15 6 2017
    2. Second revision issued on 28.5.2018
    3. Third revision issued on 29 5 2019
    4. Fourth revision issued on 4.6.2020
    5. In Between Clarifications/Amendments have been issued on 16.4.2019 ( and prior to that MOF on 4.6.2018) that applies to all Central Schemes Central Sector Schemes for procurement made by States & local bodies, if project or scheme is fully or partially funded by Govt. of India.
    6. DPIIT order 12/15 th July 2021 that PPP-MII applies to all Public Private Partnership Projects
    7. 16.9.2020 DPIIT Order clarifying local contents definition
    8. 4.3.2021 clariying that AMC, waranty etc. shall not be included in local content
    9. Some FAQ by DPIIT.


    DPIIT and MOF Orders relating to Companies from Border Countries

    1. 17.4.2020 PN 3 imposing restrictions for FDI from Border Countries like China etc.
    2. 23.7.2020 GFR Rule 144(xi) compulsory registration for companies from border areas and their Indian subsidiaries etc.
    3. 14.10.2020 The format for applying for registration
    4. 8.2.2021 clarifying that the broder country rule does not apply to raw materials, sub assemblies, components
    5. 23.7.2020 excluding countries with whom India has development agreements
    6. 23.7.2020 MOF conveying Govt decision to States to apply Border country orders
    7. Article 257(1) of Constitution- States not to prejudice the Union executive powers
    8. 24-07-2020 MOF Clarification tenders to be scrapped if border country bidder becomes eligible otherwise
    9. 8.2.2021 MOF order that border country not applies to components submodules
    10. 21.10.2020 MOF Border country rule not for components sub modules
    11. Details of situations mentioned in 21.10.2020 order
    12. 11.11.2020 Para 6 DPIIT Minutes No.P-45021/112/2020-PP(BEII) E-43780 also clarified above.
    Orders relating to Global Tenders
    1. 6.2.2020 MOF orders 161 (i) GFR on global tenders
    2. 15-05-2020 MOF No Global Tender upto 200 crores
    3. MOF 18.11.2020 domestic tender to be first issued prior to global tender
    4. 28-05-2020 MOF- Secy Coordination Cabinet Sectt is nodal officer for global purchases upto Rs 200 Cr
    5. MOF 29.10.2020 Global tender restrictions not to apply for spare parts from OEM
    6. Manual of Procurement of goods for 2017 provision for Global tender
    7. MOF 3rd Aug 2021 DOE instruction for filling GTE exemption with Govt.
    8. MOF 30th June 2021 DOE Global tender enquiry regarding instruction apply exceptional case.
    9. MOF 1st Sep 2021 DOE Order for GTE enquiry not required for supply of OEM & AME.
    10. MOF 3rd Aug 2021 DOE order regarding consulting services relaxation eligibility condition.
    MSME definitaion orders
    1. The MSME definition vide Notification No
    Orders issued by Ministry of Power
    1. 28-07-2020 Min of Power PPP MII Applicable
    2. 28.10.2020 Min of Power applicability of PPP MII
    3. 02-07-2020 Min of Power Safe Cyber Order
    Orders issued by Ministry of Petroleum and Gas
    1. 25.4.17 MIN Petroleum all PSU covered
    Orders by DPIIT,CVC, MOF DOE on restrictive conditions and not to mention foreign brands / certifications.
    1. Updated Note on not to mention foreign brands, restrictive conditions
    2. Detailed Note on Not to mention Foreign Brands, certifications
    3. GFR on restrictive clauses
    4. 12.5.2020 MOF DOE regarding use of Indian standards
    5. DIPP 20.6.2019 with Annexure I on restrictive clauses
    6. Annexure I
    7. CVC 20.4.2018 on restrictive clauses
    8. CVC 2003 not to mention brands
    9. MOF DOE 17.12.1998 not to mention brands such as HP etc.
    10. PM letter of 3.1.2019 not to mention brands
    11. Rly letter 8.5.2018 with MOF letter dated 24.4.2018 on restrictive clauses
    12. Standing Committee no restrictive clauses
    13. 5.6.2018 Min of Health..USFDA can not be mandated
    14. 20.2.2018 MOF DOE asked all Ministries Financial Advisors to check and verify restrictive conditions
    15. 20.4.2018 CVC asked all CVO, IEM to ensure no restrictive conditions
    16. CVC orders on tenders are available at https://cvc.gov.in/?q=guidelines/tender-guidelines
    17. 5.8.2021 Cabinet Secretary DO letter against restrictive conditions and for strict compliance
    18. 11.2.2021 MOF orders that no need to be in profit in last more than one year in last three years
    19. 5.6.2018 MOF not to mention rest terms
    20. DPIIT Order 28.3.2022 for CCTV not to use UL/CE but IS 13252
    21. DPIIT Order 28.3.2022 not to have in CCTV restrictive condntiions of turnoevr, spects, tests etc.
    Orders Regarding Metro
    1. 24.5.2018 Urban Affairs declares eligibility conditions for all Metros
    2. 11.4.2018 Urban Affairs declares dev of indigenous Metros policy
    3. Order dated 14.11.2017 Metro Rails MoHUA-Order_14112017
    4. 7.11.2019 how MII was applied to Pune Metro
    5. 15.3.2019 Pune Metro Amendment
    6. 5.5.2020 Metro List for local procurement
    7. 14.10.20 Metro Local Contents
    8. 28.11.2019 Make in India and Standardisation in Metro Rail RRTS System l
    9. 1.1.21 Metro Local Manufacturing List
    10. Some Metro Tenders
      1. Delhi Metro Lift & Esclators EOI EOI_LandE_12218
      2. EOI Delhi Metro Static Frequency Convertor
      3. Mumbai Metro Bidding document
  2. Bidders right to question rejection
    1. Manual of Procurement of Goods 2017 providers for bidders right to question rejection
    2. CVC 25,4,2013 Reasons for rejection should be told
    3. MOF 20.5.2013 reasons to be told MOF 18.7.2014 FOR Integrity Pact
  3. Department of Telecom orders
    DOT issued two orders during PMA Phase ie. on 5.10.2012 and 11.1.2017 and two orders after PPP MII. This order was issued on 29.8.2018 and 19.2.2020
    1. Click 5.10.2012
    2. Click 11.1.2017
    3. Click 29.8.2018
    4. Cick 19.2.2020 regarding Clause 10D reciprocal Countries
    5. List of existing licensees as on 30.6.2021
  4. Orders Regarding Preference to Cyber Security products
    1. MietY Order dated 4.3.2021 attached
    2. 6.12.2019 Meity Order for local cyber safety products
    3. MietY Order dated 2.7.2018 (Earlier) MietY order on Cyber Security products revised on 6.12.2019
    4. DOT Order dated 16.3.2021 for prefrence to Local cyber security products
  5. Department of Electronics and IT Orders
    Department of Electronics and IT ( Earlier Department of IT) issued the motherhood policy of PMA on 10.2.2012 and several amendments elated to IT, electronics products.
    1. First order 10.2.2012 ( Not attached as substituted by 23.12.2013)
    2. Revised order on 23.12.2013
    3. Guidelines on 23.12.2013 on 16.11.2015
    4. After PPP MII on 15.6.2017, Meity issued Order dated 14.9.2017
    5. 29.4.2020 Meity Order declaring that all mobiles to be procured within India domestic made 50 % VA
    6. 1.8.18 PPP-MII for mobile phones
    7. MeitY order dcated 4.3.2021 for preference to local cyber security products
    8. 22.5.2015 PMA not for Traders
    9. 1.10.14 RE Biometric access Control
    10. 1.10.14 RE Biometric Iris sensors
    11. 22.5.14 Re Electronic Products for PMA
    12. 22.5.2014 (2) re Electronics products for PMA
    13. Meity notification -27th Aug 2021 for Tablets and Desktops
    For details of PMA Scheme and various product notifications issued by Meity please visit http://www.cmai.asia/pma.php
  6. Railways Orders
    Railways have issued two type of orders. One for their internal use reiterating the DIIP/DPIIT/DOT/Meity Orders. Other specific to their products. Some of relevant orders are given below: Railways orders are available at http://www.indianrailways.gov.in/railwayboard/view_section.jsp?id=0,1,304,366,508,511 Some of them are given below:
    1. Click 19.12.2018 Not to mention foreign brands
    2. Click 14.11.2018 MSME limits 25% and within this 3% for women owned MSME
    3. Click 7.08.2018 50% domestic Content mandatory
    4. Click Railways 8.5.2018 attaching Expenditure Department order 24.4.2018 not to prescribe restrictive conditions like turnover, financial strength, experience, past performance, technical competence, production capacity etc.
    5. Click 1.02.2018 Mentioning Local content mandatory
    6. Click 27.12.2017 standing committee 6.12.2017 no restriction condition and applies to works also
    7. Click 28.12.2016 For procurements over Rs 300 Crores, domestic production plan within three years mandatory
    8. General procurement orders of Railways
      1. Indian Railways Standard General Conditions of Contract, July 2020 ( GCC July 2020)
      2. Specifications made by TRDSO for telecom
        https://rdso.indianrailways.gov.in/view_section.jsp?lang=0&id=0,2,462,5892,5894
        https://rdso.indianrailways.gov.in/view_section.jsp?lang=0&id=0,2,462,5892,5893
        RDSO Telecom Directorate https://rdso.indianrailways.gov.in/view_section.jsp?lang=0&id=0,2,462
      3. General Instructions & General Conditions for Global Supply Tenders (Version – 16)
    9. 3.8.2017 RLY MANDATES PPP MII
  7. Orders by Central Vigilance Commissioner
    CVC orders applies to all Departments. They issue several orders with regard to corruption prevention, policy and procedures for procurement and Make in India, avoiding restrictive conditions in procurements etc. Some of orders issued by CVC are below.
  8. Orders by Ministry of Finance, DOE on release of PBG

    Order dated 13.5.2020 regarding release of performance Guarantee under GFR Rule 171. Click here

  9. Trusted Telecom Policy Government has announced National Security Directive on Telecommunication Sector, this is commonly known as Trusted Telecom Products.
    1. National Security Directive on Telecommunication Sector
    2. Important Announcement - TSPs_OEM
    3. 6.7.2021 Announcement for TSPs _Non India Registered OEMs
    4. 15.7.21 Clarifications on AMC-Upgrade-Update 14 July 2021
    5. 10.3.2021 Govt amends UASL Licence to use trusted products
    6. 10.3.2021 Amendment to UL(VNO) Licence for trusted products
    7. 30.3.2021 DOT asked to appoint Nodal officer for trusted Products
    8. 5.7.2021 Govt amends licence for compliance report on 1st January and 1st July every year
    9. 26.9.2018 DOT Security Policy for Licensees
  10. Nomination Policy Papers
    1. 5.7.2007 nomination basis
    2. cvc 11.12.2012 on Nomination and back to back
    3. CVC 20.10.2003 BACK TO BACK
    4. CVO 9.5.2006 Nomination Audit
    5. CVC 11.7.2018 on Nomination
    6. CVC 6.4.2021 on nomination
    7. Note on nomination policies GFR CVC Supreme Court- CSC example.
  11. MOF/DOE, CVC, GFR on Integrity Pact Notifications not allowing any bidder banned in any Country
    GFR Rule 144 Download here
    GFR Explained Download here
    CVC Circular dated 28.9.2018 Annexure I
    CVC 4.12.2007 Annexure II
    19.7.2011 MOF DOE Annexure III
    20.7.2011 MOF DOE to Public Sector Board
    28.12.2007 CVC Integrity Pact
    13.1.2017 CVC on IEM appointment for Integrity Pact
    Blacklistin/ Debarment from procurement Policies 1. Blackisting Debarment Note - Download
    2. Annexure I refered in Note - Download
    3. Annexure II - Download

    GFR Other orders on procurement
    23.5.2017 Salient Features of GFR 2017
    January, 2018 MOF PPT on GFR 2017
    4.7.2019 MOF Revised Manual of Procurement of Works, 2019
    Manual for Procurement of Goods 2017

    GFR/NITI AAYOG on Research Studies/Consultancy services

    31.8.2006 Manual of Policies and Procedure of Employment of Consultants
    17 May 2021 Guidelines for Research Studies
    GFR Manual on procurement of Consultancy & Other Services 2017
  12. Defence Procurement Matters
    1. DPP 2016 please click here
    2. PPT ON Defence Procurement Procedure 2016 please click here
    3. DRDO procurement-manual-2016 please click here
    4. DAP 2020
    5. MOD PPT ON DPP 2020 (TILL DRAFT STAGE DAP WAS CALLED DPP )
    6. MOD PRESS RELEASE ON DRAFT DPP 2020
    7. Link Of defence Procurement orders
    8. Detailed Note on applicability of PPP MII for Defence
    9. Annexure I a referred in above note
    10. Note on restrictive conditions and foreign brands certification
    11. MSME incentives in defence procurements
    12. DAP 2020 EXTRACTS FOR IND Manufacturing Attached
    13. 25.8.2020 DPP ADOPTS PPP MII ORDER attached
    14. DPP Orders on Extent of Local Contents
      1. 29.6.2018
      2. 27.9.2018
      3. 26.7.2018
      4. 27.8.2018
      5. 16.11.2018
      6. 1.5.2019
      7. 20.2.2020
      8. 21.5.2020
      9. 31.7.2020 one
      10. 31.7.2020 two
      11. 31.7.2020 three
  13. Miscellaneous Orders
    Several orders have been issued by various Government departments with regard to their products and services or for implementing DPIIT/DIPP/DOT/Meity orders in their departments.
    The notifications from various Ministries for local contents percentage is available at Public Procurement Archives | Department for Promotion of Industry and Internal Trade | MoCI | GoI (dipp.gov.in)
  14. FAQ on PPP MII Orders Click Here for details

    TEMA/CMAI has taken up various grievances, on behalf of Industry, regarding violations of Government policy on "Public Procurement (Preference to Make In India" (PPP MII) Order, 2017” as amended with 95% success rate. Large scale violation of policy by large buyers was observed and cases were taken up by us with PMO / DPIIT / Railways & DOT and most decisions were in favor of the domestic manufacturer. Government as well as our Hon’ble Prime Minister is committed to ensure adoption of domestic manufactured products in public procurement and TEMA/CMAI helps to ensure ground level implementation of the same. TEMA/CMAI firmly believes that Policy of Preference in Public Procurement to Make In India (PPP MII) is one policy that can help resurrect the Indian Industry hence we consider proper implementation of this policy will be our biggest contribution for grown and prosperity of Indian Industry.

    TEMA/CMAI has also been receiving several requests from various Procurement Officers/State Government officers to seek clarity on the provisions of PPP MII.

    Now, to extend benefits of this policy to various procurement officers as also many more Industries, we have compiled an FAQ based on learning’s from the decisions taken by Government while resolving various disputes. TEMA/CMAI has a list of these case studies along with decisions taken by the standing committee that spans across industries from Railway Coaches to Lifts and Telecom products.

    Based on this experience and compendium of case studies, we would like to help procurement officers to understand the provisions as also to industries by taking up their grievances on PPP MII policy violation by the procurement agencies.

  15. Declaration of Sufficient Local Capacity and Competition under clause 3(a) of PPP-MII Order 2017
  16. Procurement Projection for next 3-5 year of Ministries/Deptt/CPSE etc.

    Demand projections for next 3-5 years have been given by various ministries-
    DPIIT for Industrial corridors 22.5.2020, Tariff commission DPIIT 18.5.2020, Leather 15.5.2020, CPPWD 20.5.2020, Skill dev Min 10.9.2020, DOT 22.10.2020, Animal Husbandry, Mines, Parliament Affairs, STPI,NICSI,UIDAI

    • IICC, Deptt for Promotion of Industry and Internal Trade - Procurement Projection for FY 2020-21 (86.45 KB) 
    • Tariff Commission, Deptt for Promotion of Industry and Internal Trade- Procurement Projection for FY 2020-21 to 2024-25 (255.13 KB) 
    • Deptt for Promotion of Industry and Internal Trade (Leather) Procurement Projection (160.9 KB) 
    • M/o Electronics and Information Technology (STPI) Procurement Projection for FY 2020-21 to 2024-25 (54.68 KB) 
    • M/o Electronics and Information Technology (UIDAI) Procurement Projection for FY 2020-21 to 2024-25 (52.34 KB) 
    • M/o Electronics and Information Technology (NICSI) Procurement Projection for FY 2020-21 to 2024-25 (63.29 KB) 
    • M/o HUA (CPWD) Procurement Projection for next 3 to 5 year (701.79 KB) 
    • Department of Animal Husbandry and Dairying Procurement Projection (448.5 KB) 
    • Procurement Projection of Ministry of Mines (4.11 MB) 
    • Ministry of Skill Developement & Enterpreneurship Procurement Projection (569.6 KB) 
    • Ministry of Parliamentry Affairs Procurement Projection (209.81 KB) 
    • Department of Telecommunication Procurement Projection weblink dated 22.10.2020 (349.55 KB) 
  17. Local Content Definitions Given By Various Ministries
    Department of Chemicals & Petrochemicals
    1. Order No. C.I-43012/52/2017-Chem-1(B) dated 25.05.2018
    2. Order No. C.I-43012/52/2017-Chem-1(B) dated 23.10.2018
    3. Order No. C.I-43012/52/2017-Chem-1(B) dated 01.06.2020
    Department of Fertilizer
    1. Office Memorandum No. 14023/4/2018-FP dated 27.07.2018
    2. Order No. 14023/4/2018-FP (Vol. 1) dated 20.08.2020
    Department of Pharmaceuticals
    1. Guidelines No. 31026/36/2016-MD dated 18.05.2018
    2. Order No. 31026/4/2018-Policy dated 01.01.2019
    Ministry of Civil Aviation
    1. Notification No. AV-31020/47/2017-CNW-MOCA/[Com. No. E-122603] dated 26.02.2019
    Department of Industrial Policy and Promotion
    1. Order No. P-31032/16/2018-CEMENT dated 21.05.2018
    2. Order No. P-27025/44/2018-Lather dated 19.06.2018
    3. Order No. P-20028/19/2018-PAPER dated 31.07.2018
    4. Order No. P-20028/19/2018-PAPER dated 13.05.2020
    5. Order No. P-31032/7/2020-Cement dated 13.05.2020
    Ministry of Health & Family Welfare
    1. Office Memorandum No. Z.28018/67/2010-EPW(Part) dated 14.01.2018
    Department of Heavy Industry
    1. Notification No. 12(39)/2018-AEI(15446) dated 18.05.2018
    2. Notification No. 9/45/2017-HE&MT dated 08.06.2018
    3. Office Memorandum No. 9/45/2017-HE&MT (E 13365) dated 10.08.2018
    4. Order dated 20.10.2020
    Ministry of Mines
    1. Order No. 7/49/2014-M.IV dated 16.10.2018
    Ministry of New and Renewable Energy <
    1. Office Memorandum No. 146/57/2018-P&C dated 11.12.2018
    2. Order No. 283/22/2019-GRID SOLAR dated 23.09.2020
    Ministry of Petroleum and Natural Gas
    1. Order No. FP-20013/22/2017-FP-PNG dated 06.08.2018
    2. Order No. FP-20013/12/2018-FP-PNG dated 25.06.2019
    3. Notification No. O-27011/44/2015-ONG-II/FP dated 25.04.2017
    4. Notification No. FP-20013/2/2017-FP-PNG dated 07.10.2019
    5. Notification No. FP-20013/2/2017-FP-PNG dated 17.11.2020
    Ministry of Power
    1. Order No. 11/05/2018-Coord dated 20.12.2018
    2. Order No. 11/05/2018-Coord dated 28.12.2018
    3. Order No. 11/05/2018-Coord dated 04.04.2020
    4. Office Memorandum No. 10/1/2019-St.Th.(part-II) dated 20.03.2020
    5. Order No. 11/05/2018-Coord dated 28.07.2020
    6. Order No. 11/05/2018-Coord dated 17.09.2020
    Ministry of Shipping
    1. Notification No. SY-24015/2/2018-SBR (332405) dated 31.08.2018
    Ministry of Textile
Ministry of Steel
  1. Notification No. G.S.R. 451(E) dated 08.05.2017
  2. Notification No. G.S.R. 385(E) dated 29.05.2019

3. Cases taken up by CMAI/TEMA

Several procurement cases have been taken up by TEMA CMAI with procurement officers, CVC,DPIIT, NSA, PMO., DOT, Meity, NPCIL, Railways, Railtel, CSC, Urban Development, Smart Cities, Urban Metros, Rapid Metros, State PSUCs, TCIL, Bharatnet, USO projects, High Courts, Defense procurements, MHA, Central & State Police procurements, State Transport Corporations, Ministry of Petroleum, State Govt procurements, BSNL, BBNL, MTNL, Power Grid, GAIL, NGC,ITI, BEL etc., The success rate is almost 95%. Some of the tenders cancelled/modified on our representation are given below:

4. Production Link Incentive Scheme for Telecom and Mobile

Click here to view