GeM & Procurement
Requesting Relaxation of Eligibility Conditions
· 9 minute read
Ask for relaxation in the pre-bid, in the buyer's language, with the certificate attached. A late representation after opening is a different and weaker species.
The eligibility table said five years of government AI experience and twenty crore turnover. The product that met the air-gap existed in a two-year-old company. The founder sent a three-page manifesto about innovation. The committee filed it under general. No corrigendum issued.
A better letter would have been one page, cited Rule 173 and Rule 170, attached a live DPIIT certificate, and asked for a specific cell in the table to be edited. This article is that letter, plus the manners around it. It is a template, not a spell. This is not legal advice.
What you can reasonably ask
| Ask | Hook | Tone |
|---|---|---|
| Waive EMD for recognised startups | GFR 170 / bid clause / Startup India | Documentary, calm |
| Waive prior turnover | GFR 173(i) / bid clause | Same |
| Waive prior experience years | GFR 173(i) / bid clause | Same |
| Clarify that government references are not mandatory if quality tests are met | The same relaxation, plus reasonableness | Still calm |
| Drop the air-gap or the training ban | None | Do not hide this in an eligibility letter |
| Extend closing by a month for your convenience | None unless the portal failed | Separate, factual |
The letter
Subject: Pre-bid request for applicability of startup relaxations in Bid / NIT [number].
1. We are a DPIIT-recognised startup, recognition number [ ], valid until [ ], certificate enclosed. We also enclose Udyam [ ] if MSE fields are relevant.
2. Clause [x] of the bid requires [turnover / years / EMD]. We request the organisation to apply the relaxations described in GFR 2017 Rule [170 / 173] and in the Department for Promotion of Industry and Internal Trade / Startup India public-procurement notes, to the extent this organisation follows those instruments.
3. We are not requesting any relaxation of technical, security or delivery specifications. We will meet [on-prem / logging / training ban / acceptance tests] as written.
4. A corrigendum that (a) exempts recognised startups from [named cells] and (b) leaves quality tests untouched would let additional responsive offers in without lowering the bar.
5. We will treat the published corrigendum, or a written clarification, as the answer. This request is made inside the pre-bid timeline.
How to file it
- Submit on the GeM or CPPP query form first. That is the record.
- If the NIT also names an email, send the same PDF once.
- Do not copy a minister on the first ask.
- Do not attach a product brochure. Attach certificates and the marked clause.
- If a pre-bid meeting exists, speak the letter, do not perform it.
What a good ask looks like in a room
Corrigendum language you can offer, not demand
Officers accept edits they can paste. Offer three sentences and walk away. One: Bid security / EMD is waived for bidders who enclose a live DPIIT recognition certificate, in line with GFR Rule 170 and the Startup India public-procurement note. Two: Prior turnover and prior experience in clause [x] are waived for those bidders, subject to meeting all technical and security specifications without dilution. Three: Quality tests in Annex [y] are unchanged.
If they want a witnessed install instead of years, offer that as a replacement cell, not as extra theatre. A live install on the department's sample corpus, on the department's rack, with the training flag off, is a better gate than a letter from a cousin's PSU.
Do not offer to write the entire ATC. That is how you look like a vendor capturing a bid. Offer cells. Let the officer own the document. If they ask you for a full redline, send only the eligibility table and the relaxation sentences. Keep architecture tests in their words unless they ask a factual question.
If they refuse
Read the refusal. If the buyer is a state body that never adopted GFR relaxations, you may have no Central hook. If the buyer is a Central organisation and the refusal is a shrug, talk to counsel about the Startup India grievance form and about a representation to the next higher authority. Stay factual. Publish nothing while a bid is live unless your counsel wants that fight.
Objections inside your own Slack
Asking marks us as small. You are small. The certificate already says so. The professional move is to use the rule, not to hide.
We should demand they rewrite the whole ATC. Demand less, win the cell that blocks you. Other cells can wait for the next bid.
Legal should send it on a letterhead that mentions writs. No. Pre-bid is a clarification ritual. Save heat for a true breach.
What not to attach, and how to follow up
Do not attach a ten-slide sovereignty deck. Do not attach customer logos you have not permission to use. Do not attach a legal opinion that the bid is void. The officer on the other side needs a certificate, a marked clause, and a sentence they can put in a corrigendum. Extra heat makes them defend the template instead of editing it.
If a pre-bid meeting is scheduled, print the letter and read the two asks. Then stop talking. Other vendors will perform. Let them. Minutes usually capture written queries more faithfully than speeches. After the meeting, check that your request appears in the published clarifications. If it does not, one portal chase is enough. A second chase can wait until you decide whether you are bidding.
A corrigendum that waives EMD but keeps a twenty-times turnover gate is only a partial win. You may still be out. Say thank you, and decide. Partial wins are how templates improve over a year, not how you force this close. If the remaining gate is fatal and the buyer is a Central body that should have considered Rule 173, that is the moment to speak to counsel about a representation, not the moment to upload a protest PDF as a technical bid.
Keep a register of asks: bid number, cells requested, outcome, days to corrigendum. After six bids you will know which departments have already updated their ATC and which still paste furniture language. Spend business-development time on the first list. The second list is a policy project, not a weekly hunt.
Playbook for the next hostile ATC
- Hour 1: mark the cells that kill you.
- Hour 2: fill the letter. Attach live PDFs.
- Hour 3: file on the portal. Screenshot the ticket.
- After corrigendum: decide bid / no-bid in writing.
- If no answer by the published query date: one polite chase, then decide.
Your internal decision note
Pre-bid relaxation request filed on [date], portal id [ ]. Asked: [cells]. Not asked: any quality dilution. Outcome: [corrigendum / silence / no]. Bid decision: [yes / no] because [ ]. Certificates used expire on [ ].
Prcept AI will ask for history relaxations and will not ask you to weaken a training ban. If you are the buyer, a two-line corrigendum is usually enough.
How a buyer or seller should act on this
Treat “Requesting Relaxation of Eligibility Conditions” as an operating problem, not a thought piece. A P5 Founder who searches “eligibility relaxation tender” is usually one bid, one CRAC, or one rejection away from a cash event. The file that wins is the one with dates, document names and a named officer — not a paragraph that restates GeM’s homepage.
Ask for relaxation in the pre-bid, in the buyer's language, with the certificate attached. A late representation after opening is a different and weaker species. That is why this template ends in artefacts: screenshots of the live portal term, the clause you invoked, and the date you last checked it. GeM, GFR notes and state portals move. A citation without a date is folklore.
Confirm the live GeM FAQ, the current revenue policy and the bid text before you copy any number from a blog — including this one. If the portal and this article disagree, the portal wins. Put the printout in the file.
- Write the purpose of the buy in one sentence a DDO will sign.
- Name the route: catalogue, custom bid, bid, RA, CPPP, or state portal.
- Attach the exemption or preference documents you will actually upload (Udyam, DPIIT, MII, OEM).
- Record who can accept the consignee receipt and who raises the bill.
- Do not invent a category, a PAC, or a price-reasonableness story after L1 is public.
Close this loop before the next CAB
Put “Requesting Relaxation of Eligibility Conditions” on the next change-advisory or bid-opening agenda as a single line item with an owner. If it cannot earn a line item, it will not earn a control. The owner should be a P5 Founder, not “the vendor.”
Revisit the item when the model, the GeM term, the region, or the SI changes. “eligibility relaxation tender” is not a one-time workshop. It is a watch item. Date the last check. Unsigned watch items are souvenirs.
Questions this usually raises
- When should we ask?
- In the pre-bid window, on the portal the NIT names. After opening, you are usually asking for a tender to be cancelled or for a representation, which is harder and more political.
- Should we threaten a Startup India grievance in the first letter?
- No. State the rule, attach the certificate, ask for a corrigendum. The Startup India grievance path exists for recognised startups after a public entity ignores the framework. It is a later instrument.
- Can we ask to relax a technical security test?
- You can ask. You should not expect a yes, and you should not hide that ask inside an EMD letter. Relaxations in the Central story are about history and security deposits, not about air-gaps.
- What if the buyer says no?
- Bid if you still qualify, walk if you do not, or use the formal grievance route if your counsel thinks the refusal ignores a binding relaxation. Do not submit a non-responsive offer as a protest.