Semi - Comprehensive Maintenance Contract of Lifts Installed in British High Commission, New Delhi Office Building and On Compound Residences

New Delhi Procurement Hub conducted competitive tender exercise in both 2018 and 2022. In 2018 via an email RFQ process, only a single bid from OTIS was received. In 2022, via Jaggaer, no bids were received, resulting in an SSJ. OTIS is the OEM and do not have any authorised service companies in country for maintenance. Previous 2 open procurements have evidenced that there are no other viable options available in the local market. There have been no changes in the market scenario (no new entrants) to suggest any change even now. In absence of any viable alternative, we only have the option of issuing a direct award.

The Procurement Act supports a direct award in such circumstances:

As per PA 23 Schedule 5 Paragraph 5:

The following conditions are met in relation to the public contract—

(a) due to a particular supplier having intellectual property rights or other exclusive rights, only that supplier can supply the goods, services or works required, and

(b) there are no reasonable alternatives to those goods, services or works.

As per PA 23 Schedule 5 Paragraph 6:

(a)due to an absence of competition for technical reasons, only a particular supplier can supply the goods, services or works required, and

(b)there are no reasonable alternatives to those goods, services or works.

As OTIS is the sole authorised maintenance provider in country for its lifts and there are no reasonable alternatives that would ensure licenced parts and maintenance is performed on the lifts, and also due to an absence of competition for technical reasons, only a particular supplier can supply the goods, services or works required, and there are no reasonable alternatives to those goods, services or works.

Based on all the above-mentioned points this business case is recommending a direct award under PA 23 5.5. and 5.6.