Quary regarding nic code in msme

amit kumar singh (Querist) 15 September 2020 This query is : Resolved
My firm is startup firm which i have registerd under MSME and is provided following National Industry Classification Codes (NIC code) 41, 42, 70 and 78. Now I have applied for a service contract with a Bank for Management of their Guestrooms including Housekeeping and Catering.
Being a MSME registered firm they have exempted me from following clauses :
1. Earnest Money Deposit - Exemption granted
2. ESIC, EPF and Labour Registration - Exemption granted withundertaking to get the registration done if work is awarded.
3. Past Experience : Not Exempted
Reason: The NIC codes alloted to you firm does not include CATERING (2 Digit NIC Code 56) and hence you can not be allowed to get a weaver/exemption for experience . Your Bid is hearby rejected. Part-II (Financial Bid) of your firm will not be opened.
For your Information please.

Kindly guide me, has the Bank rightly rejected my bid or should I send them a legal notice for not allowing me in the tender by rejecting my bid in technical bid.

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Quick Summary

A startup registered under MSME was rejected for a bank service contract due to their NIC codes not including catering. The bank cited this as the reason for rejecting their bid, even though they received exemptions for other clauses. The user is seeking advice on whether the bank's decision was justified and what steps they can take, including potentially amending their MSME registration or challenging the rejection.

Dr J C Vashista (Expert) 16 September 2020
This is a procedural query which do not suggest any dispute for consideration and obligation of legal experts.

J K Agrawal (Expert) 16 September 2020
When we apply for MSME online, there are no full range of NIC codes supported. They register only in few codes and so many not working. Please check this possibility with you. If so you can challenge the bid. Further you should apply again to amend your MSME registration and get the desired added.

Rajendra K Goyal (Expert) 16 September 2020
You can represent the Bank to reconsider.

At this stage for a starter, litigation is not recommended.

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