Sending Contractors on a Holiday: Proposed Rules for an Integrated and Seamless Approach in the Ministry of Defence to Debarment and Suspension of Erring Entities

13 Pages Posted: 23 May 2014 Last revised: 8 Jul 2014

Sandeep Verma

Department of Science & Technology

Date Written: May 23, 2014

Abstract

This short working draft suggests new rules for debarment and suspension of erring entities in the Ministry of Defence in India, in light of inadequate outcomes arising out of integrity pacts. Section II of the paper contains proposed rules based on Indian case law and practices, as well as other international best practices such as the US FAR, the new EU Public Procurement Directives, the World Bank Sanctions System and the UNCITRAL Model Law on Public Procurement. The current draft/working paper version is Version 3.0; and includes stakeholder suggestions received by the Author while drafting similar rules for debarment and suspension of erring entities (including rules for non-renewal of registration, cancellation of registration and demotion of registered contractors/firms) for the State Government of Chhattisgarh in India.

Keywords: India, Defence, Public Procurement, Government Contracts, Debarment, Suspension, Blacklisting, Banning, Integrity

JEL Classification: K12, K23

Suggested Citation

Verma, Sandeep, Sending Contractors on a Holiday: Proposed Rules for an Integrated and Seamless Approach in the Ministry of Defence to Debarment and Suspension of Erring Entities (May 23, 2014). Available at SSRN: https://ssrn.com/abstract=2441040 or http://dx.doi.org/10.2139/ssrn.2441040

Sandeep Verma (Contact Author)

Department of Science & Technology ( email )

Room 2217, Main Building
Secretariat
Jaipur, Rajasthan 302005
India
+91-141-2227464 (Phone)
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