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| + | ====== RTI for vendor empanelment ====== | ||
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| + | Ramesh runs a small IT firm in Pune. For two years he has supplied laptops to a state government department. Then the department called for " | ||
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| + | This is the box an RTI application opens. Empanelment means a public authority picks a list of vendors it will buy from. The list decides who gets government business. You have a right to know the rules of the game, the names on the list, where your own file stands, and the written reason if you were rejected. This page shows you, step by step, how to get all four. | ||
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| + | <WRAP info> | ||
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| + | ===== The law that supports your ask ===== | ||
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| + | Three rulebooks govern government buying. You do not need to read them fully, but naming them in your application shows you are serious. | ||
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| + | * **GFR 2017** (General Financial Rules). The Ministry of Finance issued these. They tell every government office how to buy goods and services. **Rule 149** makes GeM (Government e-Marketplace) the default route for central procurement. **Rule 150** covers registration of suppliers — suppliers registered on GeM/ | ||
| + | * **Procurement Manuals (DoE / CVC).** The Department of Expenditure, | ||
| + | * **GeM** (gem.gov.in). This is the official, mandatory e-marketplace for Central government purchases. Sellers register through mkp.gem.gov.in with Aadhaar/ | ||
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| + | On the RTI side, two provisions do the heavy lifting: | ||
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| + | - **Section 4(1)(d)** of the RTI Act 2005 forces a public authority to give the **reasons** for its administrative or quasi-judicial decisions to affected persons. A rejection from an empanelment panel is exactly such a decision. This is your strongest tool when your name is kept out. See [[section-4-proactive-disclosure|section 4 proactive disclosure]] for the wider duty. | ||
| + | - **Article 14** of the Constitution (equality before law and equal opportunity) is the general anchor if the criteria themselves look arbitrary or loaded in favour of some firms. | ||
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| + | ===== Step 1 — Find the right PIO ===== | ||
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| + | Address the application to the **Public Information Officer** of the **Procurement Authority** — the office that issued the empanelment notice or runs the panel. For a state department, this is usually the Head of Office or a designated PIO in the procurement cell. For a central ministry, it is the CPIO in the concerned wing. If the empanelment is on GeM, the buyer is the department that floated the bid, not GeM itself; GeM only hosts the process. | ||
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| + | ===== Step 2 — Draft the questions ===== | ||
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| + | Ask five clear questions. Keep each one single-line so the PIO cannot dodge by answering one half and ignoring the other. | ||
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| + | - **Q1.** Please furnish the complete empanelment criteria and eligibility conditions for [category name] as on [date]. | ||
| + | - **Q2.** Please furnish the list of vendors empaneled under [category name] as on [date], with date of empanelment and validity period. | ||
| + | - **Q3.** Please furnish the current status of my empanelment application No. [____] dated [____]. | ||
| + | - **Q4.** Please furnish the **written reasons** for rejecting / not empaneling my application, | ||
| + | - **Q5.** Please furnish the date by which the current panel expires and the date the next empanelment cycle will be notified. | ||
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| + | Q4 is the one most applicants forget. Without the written reason, you cannot challenge an arbitrary rejection. Section 4(1)(d) gives you a right to that reason in writing. | ||
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| + | ===== Step 3 — The template ===== | ||
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| + | < | ||
| + | To: The Public Information Officer | ||
| + | [Name of Procurement Authority / Department] | ||
| + | [Address] | ||
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| + | Subject: Application under section 6, RTI Act 2005 — Empanelment of [category] | ||
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| + | Sir/Madam, | ||
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| + | I had applied for empanelment under [category] vide application No. [____] dated [____]. Kindly furnish the following information: | ||
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| + | 1. The complete empanelment criteria and eligibility conditions for [category] as on [date]. | ||
| + | 2. The list of vendors empaneled under [category] as on [date], with date of empanelment and validity. | ||
| + | 3. The current status of my application No. [____]. | ||
| + | 4. The written reasons for rejection / non-empanelment of my application, | ||
| + | 5. The date of expiry of the current panel and the date of the next empanelment cycle. | ||
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| + | I am a person below poverty line / [enclose Rs 10 IPO/cash receipt]. A Rs 10 Indian Postal Order No. [____] is enclosed as the application fee, favouring the Accounts Officer. | ||
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| + | [Name, address, phone, email] | ||
| + | </ | ||
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| + | ===== Step 4 — Fee, mode, and deadline ===== | ||
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| + | For **Central** government public authorities, | ||
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| + | The PIO must reply within **30 days** (48 hours if the information concerns life or liberty). If no reply arrives, or the reply is wrong, you move to the next step. | ||
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| + | ===== Step 5 — Escalation ladder ===== | ||
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| + | - **First Appeal** — If the PIO ignores or refuses your application, | ||
| + | - **Second Appeal / Complaint** — If the FAA also fails you, file a second appeal with the **Central Information Commission** (or State Information Commission) within **90 days**. This is the last stop under the RTI Act itself. | ||
| + | - **CVC complaint** — If you suspect a cartel, favouritism, | ||
| + | - ** writ petition** — If the empanelment itself was arbitrary (violating Article 14), you can move the High Court under Article 226. The RTI reply gives you the paper proof you need for this step. | ||
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| + | The logic of the ladder is simple: RTI gets you the document, then the appeal fixes the silence, then a court or tribunal fixes the wrong decision. | ||
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| + | ===== What you can ask, and what you cannot ===== | ||
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| + | You can ask for criteria, the empaneled list, your own status, and your rejection reasons. You **cannot** demand another vendor' | ||
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| + | There is one honest limit you should know. The **Delhi High Court** has held that the RTI Act does not require a public authority to create or compile information it does not already maintain, and that the CIC's job is confined to disclosing information that is held — not to questioning empanelment policy. So if no formal panel list is maintained, the PIO need not generate one for you. Ask for what exists. | ||
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| + | ===== The debarment / blacklist angle ===== | ||
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| + | If your name was removed, or you hear a firm was " | ||
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| + | ===== GeM vs department empanelment ===== | ||
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| + | These are two distinct routes. **GeM** is the central e-marketplace — registration is online via mkp.gem.gov.in with Aadhaar/ | ||
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| + | ===== Pro tips ===== | ||
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| + | * **Always ask for reasons in writing under section 4(1)(d).** A silent rejection is hard to challenge; a reasoned one is easy to attack if it is weak. | ||
| + | * **Pair the RTI with a CVC complaint** if the panel smells rigged. The RTI gives you evidence; the CVC gives you action. | ||
| + | * **A vendor association makes a louder voice.** If many firms are kept out on vague grounds, a joint RTI plus a collective CVC complaint carries more weight than one letter. | ||
| + | * **Check the proactive disclosure first.** Before you file, look at the department' | ||
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| + | ===== FAQ ===== | ||
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| + | - **Q: My empanelment was cancelled. Can I appeal?** Yes. First, use RTI to get the **cancellation order** and the reasons under section 4(1)(d). Then challenge the order before the authority specified in the empanelment terms, or before the High Court if it is arbitrary. | ||
| + | - **Q: GeM or department empanelment — which RTI?** GeM query → PIO of the buyer department. Departmental panel → PIO of that department. The portal host is not the PIO. | ||
| + | - **Q: Can I get another vendor' | ||
| + | - **Q: The PIO says "no such list is maintained" | ||
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| + | ===== Use this page ===== | ||
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| + | If this guide helped you draft your empanelment RTI, the **[[citizen-rti-playbook|RTI Playbook]]** walks you through the full filing-to-appeal journey with ready-to-use templates. RTI Wiki is a free, volunteer-run resource — if it saved you a fee or a wasted trip, **[[donate|consider a small donation]]** to keep the guides open for everyone. | ||
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| + | ===== Related reading ===== | ||
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| + | * [[: | ||
| + | * [[: | ||
| + | * [[cases: | ||
| + | * [[cases: | ||
| + | * [[section-4-proactive-disclosure|Section 4 proactive disclosure]] | ||
| + | * [[pio-section-8-1-d-commercial-confidence|Section 8(1)(d) commercial confidence]] | ||
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| + | ===== Sources ===== | ||
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| + | - RTI Rules, 2012 (G.S.R. 603(E), 31 Jul 2012) — Rs 10 fee and payment modes — cic.gov.in | ||
| + | - GFR 2017 — Ministry of Finance, Dept of Expenditure (Rule 149 GeM, Rule 150 supplier registration, | ||
| + | - Procurement Manuals — Department of Expenditure, | ||
| + | - GeM — Government e-Marketplace (gem.gov.in; | ||
| + | - Section 4(1)(d), RTI Act 2005 — reasons for administrative / quasi-judicial decisions | ||
| + | - Delhi High Court — RTI Act does not require disclosure of information not maintained; CIC confined to disclosure of held information | ||
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| + | //Last reviewed: 3 July 2026.// | ||
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| + | {{tag> | ||