Key takeaway: New professional guidelines bar members from undercutting minimum fees in tenders and make detailed cost sheets mandatory.
1. Core Facts & Background
- New regulatory guidelines were issued governing practicing professionals responding to tenders floated by diverse organizations for professional engagements.
- The guidelines establish strict parameters regarding minimum fee structures for services exclusively reserved under governing statutes.
- The regulatory measure aims to curb predatory and unviable pricing while ensuring that fees remain commensurate with work scope and quality.
- The directive applies generally to public tenders while setting distinct compliance criteria for statutory versus non-statutory assignments.
2. Revenue / Department’s Action
- The department prohibited professionals from responding to tender documents that fail to stipulate a minimum fee for reserved services.
- The department mandated that quoted fees must strictly equal or exceed the prescribed minimum professional or estimated fees.
- The department barred participation in reverse bidding platforms whenever price discovery falls below stipulated minimum fee thresholds.
- The department reserved explicit authority to requisition detailed costing records and engagement estimates for any bid submitted.
3. Assessee’s Defense & Arguments
- The assessee maintained entitlement to bid without minimum fee constraints when tenders relate to services not exclusively reserved by statute.
- The assessee contended that tenders open to non-certified general participants fall outside the mandatory minimum fee prerequisites.
- The assessee highlighted that direct quotation requests solicited individually from specific firms remain exempt from broad tender restrictions.
- The assessee defended bid valuations on the basis of internal cost sheets capturing projected man-hours and requisite staffing overheads.
4. Final Ruling & Outcome
- Professionals are strictly restrained from undercutting baseline remuneration or participating in unreserved price-dropping reverse auctions for reserved assignments.
- Maintaining verifiable cost sheets detailing estimated hours and staff deployment is mandatory and subject to regulatory inspection.
- Permitted tenders for unreserved services remain operational, provided overall pricing reflects the volume, value, and technical nature of the work.
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This summary is for general information only and is not legal advice. Please check the full order or notification before acting on it.
