You are the Joint Secretary in the Ministry of Health overseeing a public-private tender for a new HPV vaccination rollout. During technical evaluation, you discover that the lowest-bidder firm is owned by the brother-in-law of your Minister. The bid is technically compliant; the price advantage is ₹140 crore over the L2 bidder. The procurement officer has cleared the file. The Minister’s PS has ‘reminded’ you that the file is time-sensitive — every week of delay means 2,00,000 unvaccinated adolescent girls. What course of action would you take? Justify with the values involved.
Subtopic: Section B · Case Study · Conflict of interest in procurement
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1. Dilemma: integrity of process vs urgency of public-health outcome.
2. Stakeholders: adolescent girls (beneficiaries), L2 bidder (fairness), Minister (political), CVC (oversight), public exchequer.
3. Options: (a) clear file silently — unethical; (b) cancel tender outright — delays vaccination; (c) declare conflict in writing, recuse Minister, route through CVO + EFC + EC of Cabinet — hard right.
4. Decision: Option (c) — issue note-sheet declaring conflict, seek CVC advice, request Minister's recusal under the 2014 Conflict of Interest guidelines, and parallel-track an interim small-volume order from L2 to begin coverage.
5. Safeguard: publish award rationale under RTI Section 4; sample independent technical re-validation; routine CAG audit hook.
- Conflict of Interest guidelines for Ministers, DoPT 2014
- PCA 1988 Section 7 — undue advantage
- GFR 2017 — competitive, transparent tendering; Rule 173
- Public interest exception not a defence to procedural breach
- CVC's role under Section 8 CVC Act 2003 — vigilance advice
- Whistleblower Protection Act 2014 — note-sheet trail as protection