ITEM: Supply of FLANGE CHI_Ø508 as per drg

SOLAR BUSINESS SPECIAL CONDITIONS OF

39871450121/06
DIVISION (SBD) CONTRACT (SCC)
Tender No: NP12303988

These conditions shall be read in conjunction with General Condition of Contract (GCC) enclosed along with the tender enquiry. In case of any conflict or
inconsistency, the requirement of SCC shall prevail over the GCC. The name of our Plant/ Unit may please be read as SOLAR BUSINESS DIVISION (SBD) as it
was changed from ELECTRIC & PHOTOVOLTAIC DIVISION (EPD)
Tender documents shall be downloaded from the website [Link]
All corrigenda, addenda, amendments, time extensions, clarifications etc. to the Tender will be hosted on [Link]
only. Bidders should regularly visit this website to keep themselves updated.
1. Type of Contract Supply

S no Code Item No. of pieces Unit

2. Item Details FLANGE CHI_Ø508
1 EL9605101726 630 Ea
39871450121/06
STORES INCHARGE
BHARAT HEAVY ELECTRICALS LIMITED
SOLAR BUSINESS DIVISION (SBD)
Consignee Details (Ship To)
FORMERLY KNOWN AS ELECTRIC & PHOTOVOLTAIC DIVISION(EPD)
3. [To be mentioned in
PROF. CNR RAO CIRCLE, SCIENCE INSTITUTE POST, MALLESWARAM,
LR/Suppliers’ Invoice etc.]
BANGALORE-560012. KARNATAKA

Consignee address in LR should be strictly as per above/as mentioned in PO.

Bharat Heavy Electricals Limited
Solar Business Division (Formerly known as Electric & Photovoltaic Division)
4. Buyer and Paying Authority
Prof. C.N.R Rao Circle, Science Institute Post, Malleswaram
Bengaluru-560012
For Commercial Clarifications: ashukla@[Link]
5. Buyer e-mail ID
For Technical Clarifications: vijaygowda@[Link]
6. Buyer IEC CODE/ GST No. IEC CODE: 0588138690 / GST No: 29AAACB4146P1ZB
7. Integrity Pact Not applicable
For Supply part:
FIRM, till the completion of Contract.
8. Price Basis Price to be quoted on F.O.R. – BHEL- SBD (as per above consignee address). Insurance is in the scope of vendor. All the
other applicable taxes including Income Taxes (TDS) as per Indian law shall be deducted from the payables & paid to
Government by BHEL.
By Rail/Road
9. Mode of Dispatch It is also the Seller/Contractor’s responsibility to ensure material is dispatched through shortest possible route.

(Seal and Sign of the Bidder)

Page 1 of 13
 ITEM: Supply of FLANGE CHI_Ø508 as per drg
SOLAR BUSINESS SPECIAL CONDITIONS OF
39871450121/06
DIVISION (SBD) CONTRACT (SCC)
Tender No: NP12303988

Note: It is Seller/Contractor's responsibility to ensure availability of Trucks/Trains schedule etc. well in advance for
dispatch of material to meet contractual delivery requirement.
 Part shipment is allowed.
 Transshipment is not allowed.
10. Transit Insurance In vendor’s scope.
The material shall be dispatched on pre-paid basis to SBD-BHEL, Bengaluru.
11. Transportation
Road Permit/E-way bill, if required, to be arranged by Seller/Contractor.
12. Unloading at BHEL In the scope of BHEL.
Staggered delivery
Vendor to Supply as per staggered delivery Schedule mentioned below in case of three successful bidders:
1st Lot: L1 vendor: 120 numbers within 75 days from the date of PO placement
L2 vendor: 72 numbers within 75 days from the date of PO placement
L3 vendor: 48 numbers within 75 days from the date of PO placement

2nd Lot: L1 vendor: 99 numbers within 60 days from the date of supply of 1st lot
L2 vendor: 60 numbers within 60 days from the date of supply of 1st lot
L3 vendor: 41 numbers within 60 days from the date of supply of 1st lot

3rd lot: L1 vendor: 96 numbers within 45 days from the date of supply of 2nd lot
L2 vendor: 57 numbers within 45 days from the date of supply of 2nd lot
L3 vendor: 37 numbers within 45 days from the date of supply of 2nd lot
Supply of whole 630 numbers shall be completed within 180 days from PO placement date.
13. Delivery Schedule (OR)
Vendor to Supply as per staggered delivery Schedule mentioned below in case of two successful bidders:
1st Lot: L1 vendor: 146 numbers within 75 days from the date of PO placement
L2 vendor: 90 numbers within 75 days from the date of PO placement

2nd Lot: L1 vendor: 126 numbers within 60 days from the date of supply of 1st lot
L2 vendor: 82 numbers within 60 days from the date of supply of 1st lot

3rd lot: L1 vendor: 106 numbers within 45 days from the date of supply of 2nd lot
L2 vendor: 80 numbers within 45 days from the date of supply of 2nd lot
Supply of whole 630 numbers shall be completed within 180 days from PO placement date.

If other than L1, no bidder accepts the L1 rates then 100% quantity will be offered to L1 only. In that case also the delivery
shall be in staggered manner in three lots as mentioned above and the quantity mentioned above in scope of L2 will get
added to L1’s scope. Supply of whole 630 numbers shall be completed within 180 days from PO placement date.

(Seal and Sign of the Bidder)

Page 2 of 13
 ITEM: Supply of FLANGE CHI_Ø508 as per drg
SOLAR BUSINESS SPECIAL CONDITIONS OF
39871450121/06
DIVISION (SBD) CONTRACT (SCC)
Tender No: NP12303988

The bidder shall refer Notes of SQAP about pre-dispatch inspection, bulk manufacturing clearance and lot inspection
and same shall be followed after PO placement.
Delivery Failure and Purchaser reserves the right to recover from the Seller/Contractor, as agreed, liquidated damages and not by way of
Termination/ Liquidated penalty, a sum equivalent to half (½) percent of undelivered portion per week or part thereof, subject to a maximum of
Damages ten (10) percent of the total contract price excluding elements of taxes, duties and freight, if the Seller/ Contractor fails to
deliver any part of the ordered stores within the period stipulated in the Order/Contract.
NOTE:
14.
1. LR/RR date for indigenous supplies shall be treated as the date of delivery for levying LD.
2. In case of any amendment/revision, LD shall be linked to the amended/revised contract value and delivery date(s).
3. If Order/ Contract involves two or more Units/ Sets/ Lots, then Liquidated Damages shall be for order/ contract value
of the delayed Unit/ Set/ Lot, provided delivery stipulated in the Order/ Contract is Unit/ Set/ Lot wise, however total LD
amount shall be limited to 10% of total order value. (excluding taxes, duties and freight)
FOR SUPPLY OF ITEMS:
100% of basic price of material supplied, as per PO, along with 100% taxes & duties (as applicable) & freight
charges, shall be paid on pro-rata basis within:
(i) 45 days for Micro & Small Enterprises (MSEs)
15. Payment Terms (ii) 60 days for Medium Enterprises
(iii) 90 days for Non-MSME
from the date of receipt of goods & receipt of complete documents as per order/contract subject to acceptance of
materials.
Statutory deductions will be made from payment, certificate if any will be issued by BHEL.
For Supply Package:
Documents to be Submitted 1. Original GST compliant Tax Invoice + 2 Copies
16. by Seller/Contractor for 2. LR/Eway Bill/Delivery Challan & Receipted LR / Material Receipt Certificate (MRC)
Claiming Payment 3. Copy of MDCC (material dispatch clearance certificate)
4. Test certificates as per SQAP
Warranty Certificate for
17. Not applicable
Supply
Performance Bank
18. Not applicable
Guarantee (PBG)
19. Document Approval Not applicable
20. Inspection Agency BY BHEL/ BHEL Nominated Agency

21. Customs Duty Not Applicable

Clause No. 5.0 of GCC to be read as:
22. Statutory Variation
5.0 Statutory Variation

(Seal and Sign of the Bidder)

Page 3 of 13
 ITEM: Supply of FLANGE CHI_Ø508 as per drg
SOLAR BUSINESS SPECIAL CONDITIONS OF
39871450121/06
DIVISION (SBD) CONTRACT (SCC)
Tender No: NP12303988

5.1 Statutory variation for CGST/SGST/UGST/IGST is available provided the actual completion of supply
does not occur beyond the period stipulated in the order/contract or any extension (without levy of
penalty).
5.2 For variation after the agreed completion periods, the Seller/Contractor alone shall bear the impact
for the upwards revisions and adjust the price in their basic price in such a manner that total price
with tax matches with the ex- works with taxes of Purchase Order/Contract. For downward revisions,
purchaser shall be given the benefit of reduction in CGST/SGST/UGST/IGST. This will be without
prejudice to the levy of penalty for delay in delivery/completion schedule.
No other variations such as on Custom Duty, exchange rate, minimum wages, prices of controlled
commodities, any other input etc. shall be payable by the Purchaser.
Clause No. 4.1 of GCC to be read as:

4.1 CGST/SGST/UTGST/IGST
4.1.1 The Seller/Contractor is required to ensure that CGST/SGST/UTGST/IGST (whichever is applicable) is
quoted as per the existing tariff on the date of the offer and all benefits as per existing laws have been
considered.
4.1.2 It is the responsibility of the Seller/Contractor to issue the Tax Invoice strictly as per the format
prescribed under the relevant applicable GST law (CGST Act/SGST Act/UTGST Act/IGST Act).
23. Taxes and Duties
Seller/Contractor to indicate the proper GSTN Registration/ HSN code in their tax invoice.
4.1.3 The Purchaser is registered in the State of Karnataka vide following GST registration number:
29AAACB4146P1ZB.
4.1.4 The Seller/Contractor is required to mention the above registration number in their tax invoice unless
stated otherwise in NIT/SCC.
4.1.5 CGST/SGST/UTGST/IGST shall be paid at actuals against Tax Invoice but restricted to the amount and
percentage in the order/contract.
& 4.3 of GCC is not applicable.
Other clauses:
1. Seller/Contractor will intimate & upload the Tax invoice along with LR/RR (as applicable) on web portal &
intimate BHEL immediately on removal of goods from Seller/Contractor works. In case of Services,
Seller/Contractor is required to upload the Tax invoice on Web Portal immediately after raising the invoice.
24. New Clause of SCC BHEL will issue the delivery order/instruction to dispatch the material to the customer as indicated in SCC.
2. All payments against Tax Invoice to the Seller/Contractor shall be released only after:
a) Seller/Contractor declaring such invoice in GSTR-1 within the prescribed timeline as per the relevant Act.
b) The tax component charged by the Seller/Contractor in the invoice should be matched with the details
uploaded by Seller/Contractor in GSTR-1.

(Seal and Sign of the Bidder)

Page 4 of 13
 ITEM: Supply of FLANGE CHI_Ø508 as per drg
SOLAR BUSINESS SPECIAL CONDITIONS OF
39871450121/06
DIVISION (SBD) CONTRACT (SCC)
Tender No: NP12303988

c) Confirmation of payment of GST thereon by Seller/Contractor on GSTN portal

3. In case, any GST credit is delayed/denied to BHEL due to non/delayed receipt of goods and/or tax invoice or
expiry to timeline prescribed in the relevant Act for availing such ITC, or any other reasons not attributable to
BHEL, tax amount shall be recoverable from the Seller/Contractor along with interest levied/leviable on BHEL.

Wherein GST liability arises on BHEL under reverse charge, any interest levied/leviable due to any reasons not attributable
to BHEL shall be recovered from the Seller/Contractor.
a) In case of discrepancy in CGST/SGST/UTGST/IGST rate corresponding to HSN; code and quotes rates, the evaluation
shall be done on quoted price and correct CGST/SGST/UTGST/IGST rate shall be considered for ordering (limited to
quoted FOR Site Price)
b) The bidder should have been registered with the appropriate authority under relevant GST laws.
c) The bidder to specify in their offer (part 1 bid) the category of registration under GST i.e. registered dealer and
composite dealer
25. New Clauses of SCC
d) No CGST/SGST/UTGST/IGST will be reimbursed to composite dealer. In the event of any GST quoted by composite
dealer, the same shall be considered for evaluation purpose. However, the ordering will be done without considering
the tax.
e) In the event of any change in the status of Seller/Contractor from composite to regular dealer after the submission of
the bid but before the supply, no reimbursement of CGST/SGST/UTGST/IGST will be made. However, the
Seller/Contractor has to raise the invoice strictly, as per the law, by adjustingtheir ex-works price.
"A bidder shall not have conflict of interest with other bidders. Such conflict of interest can lead to anti-competitive
practices to the detriment of Procuring Entity's interests. The bidder found to have a conflict of interest shall be
disqualified. A bidder may be considered to have a conflict of interest with one or more parties in this bidding process, if:
a) they have controlling partner (s) in common; or
b) they receive or have received any direct or indirect subsidy/ financial stake from any of them; or c) they have the
same legal representative/agent for purposes of this bid; or
d) they have relationship with each other, directly or through common third parties, that puts them in a position to have
access to information about or influence on the bid of another Bidder, or
New Clause of SCC: Conflict
e) Bidder participates in more than one bid in this bidding process. Participation by a Bidder in more than one Bid will
26. of Interest among Bidders/
result in the disqualification of all bids in which the parties are involved. However, this does not limit the inclusion of the
Agents
components/ sub-assembly/ Assemblies from. one bidding manufacturer in more than one bid; or
f) In cases of agents quoting in offshore procurements, on behalf of their principal manufacturers, one agent cannot
represent two manufacturers or quote on their behalf in a particular tender enquiry. One manufacturer can also
authorise only one agent/dealer. There can be only one bid from the following:
1. The principal manufacturer directly or through one Indian agent on his behalf; and
2. Indian/foreign agent on behalf of only one principal, or
g) A Bidder or any of its affiliates participated as a consultant in the preparation of the design or technical specifications
of the contract that is the subject of the Bid, or

(Seal and Sign of the Bidder)

Page 5 of 13
 ITEM: Supply of FLANGE CHI_Ø508 as per drg
SOLAR BUSINESS SPECIAL CONDITIONS OF
39871450121/06
DIVISION (SBD) CONTRACT (SCC)
Tender No: NP12303988

h) In case of a holding company having more than one independently manufacturing units, or more than one unit having
common business ownership/management, only one unit should quote. Similar restrictions would apply to closely
related sister companies. Bidders must proactively declare such sister/ common business/ management units in same/
similar line of business. "

Delivery Challans & Invoices /Service Entry Sheet in the format as specified under GST laws mentioning your GSTIN No,
item HSN/SAC No should accompany supply.
1. GST portion of invoice shall be released only upon Seller/Contractor declaring such invoice in his GSTR-1 return and
receipt of goods/services and tax and confirmation of payment of GST thereon by Seller/Contractor on GSTN Portal.
2. Bank Guarantee of appropriate value may be obtained from Seller/Contractor which shall be valid at least one month
after the confirmation of payment date by Seller/Contractor on GST portal and receipt of Tax invoice and receipt of
goods, whichever is later. [if (a) above could not be complied].
3. In case GST credit is delayed/denied to BHEL due to non/delayed receipt of goods and/or tax invoice or expiry of
timeline prescribed in GST law for availing such ITC, or any other reasons not attributable to BHEL, GST amount shall
27. New Clauses of SCC
be recoverable from Seller/Contractor along with interest levied/BG of appropriate value may be obtained from
Seller/Contractor alternatively payment covering GST portion including interest thereon shall be release to
Seller/Contractor only upon completion of these requirements.

In case Seller/Contractor delays declaring such invoice in his return & GST credit by BHEL is denied or reversed
subsequently as per GST law, GST amount paid by BHEL towards such ITC reversal as per GST Law shall be recoverable
from the Seller/Contractor along with interest levied/leviable to be obtained from Seller/Contractor alternatively payment
covering GST portion including interest thereon shall be released to Seller/Contractor only upon completion of these
requirements.
E-invoicing under GST is being implemented w.e.f 1st October 2020 for all the taxable person having turnover more than
Rs. 500 Crore. It has been specified by the Government that it is mandatory to mention a valid unique Invoice Reference
Number (IRN) and QR code as generated from Government portal on a Tax Invoice. Based on such information, GST ITC as
claimed by BHEL in GST Returns shall be matched with the corresponding details uploaded by supplied in e-Invoicing
28. e-Invoicing under GST
System.
In case the vendor delays or fails to provide all the documents as per the Purchase Order at the time of submitting Tax
Invoice to BHEL, any subsequent financial loss to BHEL on account of vendor shall be to vendor’s account. BHEL has further
right to take necessary steps to protect its interest at the time of release of payment.
29. Tax Collected at Source (TCS) Not applicable
Risk & Cost Clause, in line with Conditions of Contract may be invoked in any of the following cases:
 Seller/Contractor’s poor progress of the work vis-à-vis execution timeline as stipulated in the Contract, backlog
30. Risk & Cost Clause attributable to Contractor/ Supplier including unexecuted portion of work/ supply does not appear to be executable
within balance available period (#) considering its performance of execution.
 Withdrawal from or abandonment of the work by contractor before completion of the work as per contract.

(Seal and Sign of the Bidder)

Page 6 of 13
 ITEM: Supply of FLANGE CHI_Ø508 as per drg
SOLAR BUSINESS SPECIAL CONDITIONS OF
39871450121/06
DIVISION (SBD) CONTRACT (SCC)
Tender No: NP12303988

 Non completion of work/ Non-supply by the Contractor/ Supplier within scheduled completion/delivery period as per
Contract or as extended from time to time, for the reasons attributable to the Contractor/ Supplier.
 Termination of Contract on account of any other reason (s) attributable to Contractor/ Supplier.
 Assignment, transfer, subletting of Contract without BHEL’s written permission resulting in termination of Contract
or part thereof by BHEL.
 Non-compliance to any contractual condition or any other default attributable to Contractor/ Supplier.

Risk & Cost:

Risk and Cost against Balance Work:

Risk & Cost Amount= [(A-B) + (A x H/100)]

Where,
A= Value of Balance scope of Work/ Supply (*) as per rates of new contract
B= Value of Balance scope of Work/ Supply (*) as per rates of old contract being paid to the Contractor/ Supplier at the
time of termination of contract i.e. inclusive of PVC & ORC, if any.
H = Overhead Factor to be taken as 5
In case (A-B) is less than 0 (zero), value of (A-B) shall be taken as 0 (zero).
*(Balance scope of work/ supply)

Difference of Contract Quantities and Executed Quantities as on the date of issue of Letter for ‘Termination of Contract’,
shall be taken as balance scope of Work/ Supply for calculating risk & cost amount.

Contract quantities are the quantities as per original contract. If, Contract has been amended, quantities as per amended
Contract shall be considered as Contract Quantities.

Items for which total quantities to be executed have exceeded the Contract Quantities based on drawings issued to
contractor from time to time till issue of Termination letter, then for these items total Quantities as per issued drawings
would be deemed to be contract quantities.

Substitute/ extra items whose rates have already been approved would form part of contract quantities for this purpose.
Substitute/ extra items which have been executed but rates have not been approved, would also form part of contract
quantities for this purpose and rates of such items shall be determined in line with contractual provisions.
However, increase in quantities on account of additional scope in new tender shall not be considered for this purpose.

Note: Incase portion of work is being withdrawn, contract quantities pertaining to portion of work withdrawn shall be
considered as ‘Balance scope of work/supply’ for calculating Risk & Cost amount.

(Seal and Sign of the Bidder)

Page 7 of 13
 ITEM: Supply of FLANGE CHI_Ø508 as per drg
SOLAR BUSINESS SPECIAL CONDITIONS OF
39871450121/06
DIVISION (SBD) CONTRACT (SCC)
Tender No: NP12303988

LD against delay in executed work/supply in case of Termination of Contract

LD against delay in executed work/supply shall be calculated in line with LD clause of the contract for the delay attributable
to Contractor/ Supplier. For this purpose, contract value shall be taken as Executed Value of 30work/supply for the
purpose of limiting maximum LD value.

Method for calculation of “LD against delay in executed work/supply” is given below.
1. Let the time period from scheduled date of start of work till termination of contract excluding the period of Hold (if
any) not attributable to Contractor/ Supplier= T1
2. Let the value of executed work/supply till the time of termination of contract= X
3. Let the Total Executable Value of work/supply for which inputs/fronts were made available to Contractor/ Supplier
and were planned for execution till termination of contract = Y
4. Delay in executed work/supply attributable to Contractor/Supplier i.e. T2=(1-X/Y) x T1
5. LD shall be calculated in line with LD clause of the Contract for the delay attributable to Contractor/ Supplier taking
“X” as Contract Value and “T2” as delay attributable to Contractor/ Supplier.

Note: Incase portion of work/supply is withdrawn; no LD shall be applicable for portion of work/supply withdrawn.
This Tender is governed by Circular No. P-45021/2/2017-B.E.-II dated 15.06.2017, 28.05.2018, 29.05.2019 & 04.06.2020
issued by Govt. of India.
"For this procurement, Public Procurement (Preference to Make in India), Order 2017 dated 15.06.2017, 28.05.2018,
29.05.2019 , 04.06.2020, 16.09.2020 and subsequent Orders issued by the respective Nodal Ministry shall be applicable
even if issued after issue of this NIT but before finalization of contract/ POI WO against this NIT. In the event of any Nodal
Ministry prescribing higher or lower percentage of purchase preference and/ or local content in respect of this
procurement, same shall be applicable."
Preference to Make in India including counter offering will be as per the Public Procurement (Preference to Make in India),
Order 2017 available in the following links:
31. Preference to Make in India
[Link]
[Link]
[Link]
[Link]
[Link]

Certification (as applicable) giving the percentage of local content, in line with PPP-MII order, to be submitted as per
attached Annexure-1(A) for procurement value from Rs. 5.00 Lac to Rs. 10.00 Crore or Annexure-1(B) for procurement
value more than Rs. 10.00 Crore.
Provisions Applicable for PROVISONS APPLICABLE FOR MSE VENDORS (MICRO AND SMALL ENTERPRISES)
32.
MSE (Micro and Small

(Seal and Sign of the Bidder)

Page 8 of 13
 ITEM: Supply of FLANGE CHI_Ø508 as per drg
SOLAR BUSINESS SPECIAL CONDITIONS OF
39871450121/06
DIVISION (SBD) CONTRACT (SCC)
Tender No: NP12303988

Enterprises) Vendors Benefits/facilities as applicable for Micro and Small Enterprises (MSEs) shall be available to MSE vendors registered with
Government Designated Authorities as per the Purchase & Price Preference Policy of the Government subject to them
becoming eligible otherwise.
Vendors who qualify as MSE vendors are requested to submit applicable certificates (as specified by the Ministry of Micro,
Small and Medium Enterprises) at the time of vendor registration.

Vendors have to submit the UDYAM Registration Certificate with the tender documents in the Part-I Bid to avail the
applicable benefits.

If the tender is to be submitted through e-procurement portal, then the above required documents are to be uploaded
on the portal.

Bidders to however note the documents that shall be furnished in order to establish credentials as MSE vendor should be
as per the extant statutory requirements specified by the Ministry of Micro, Small and Medium Enterprises (MSME).

PURCHASE PREFERENCE FOR MSE VENDORS:

(For Items which are divisible in nature)

MSE vendors quoting within a price band of L1 + 15% shall be allowed to supply up to 25% of the requirement against this
tender provided:
1. The MSE vendor matches the L1 price.
2. L1 price is from a non MSE vendor.
3. L1 price will be offered to the vendor nearest to L1 in terms of price ranking (L2 – nearest to L1). In case of non-
acceptance by the MSE vendor (L2), next ranking MSE vendor will be offered who is within the L1 + 15% band (if L3 is
also within 15% band).
4. 3% of the 25% will be earmarked for women owned MSEs.
5. 25% of the 25% (i.e., 6.25% of the total enquired quantity) will be earmarked for SC/ST owned MSE firms provided
conditions as mentioned in (1) & (2) are fulfilled.
6. In case where no SC/ST category firms are meeting the conditions mentioned in (1) and (2) or have not participated
in the tender, the 6.25% of earmarked quantity for SC/ST owned MSE firms will be distributed among the other eligible
MSE vendors who have participated in the tender.

(For Items which are not divisible in nature)

MSE vendors quoting within a price band of L1 + 15% shall be allowed to supply up to 100% of the requirement against
this tender provided:
1. The MSE vendor matches the L1 price.
2. L1 price is from a non MSE vendor.

(Seal and Sign of the Bidder)

Page 9 of 13
 ITEM: Supply of FLANGE CHI_Ø508 as per drg
SOLAR BUSINESS SPECIAL CONDITIONS OF
39871450121/06
DIVISION (SBD) CONTRACT (SCC)
Tender No: NP12303988

3. L1 price will be offered to the vendor nearest to L1 in terms of price ranking (L2 – nearest to L1). In case of non-
acceptance by the MSE vendor (L2), next ranking MSE vendor will be offered who is within the L1 + 15% band (if L3 is
also within 15% band).
4. No distribution shall be done specifically to women owned MSEs or SC/ST owned MSEs in such cases.
Documents to be submitted for claiming MSE status and intended benefits:
Submission of Udyam Registration Certificate along-with Techno-commercial bid is required mandatorily.
Purchase from SEZ in India shall be considered as Indigenous purchase for the purpose of Purchase Preference to Make
33. Purchase from SEZ in India in India Policy, Price Basis, Payment term & delivery terms. However, additional taxes, duties including Safe Guard Duty
if any shall be considered while evaluating the bid.
For all public procurement, the criteria of prior turnover and prior experience for all Startups is relaxed subject to their
Relaxation in Public
meeting of quality and technical specifications.
34. Procurement Norms for
DPIIT (Department for Promotion of Industry and Internal Trade) Certificate of Recognition for Startups to be submitted
Startups
for availing benefits.
I. Any bidder from a country which shares a land border with India will be eligible to bid in this tender only if the bidder
is registered with the Competent Authority.
II. "Bidder" (including the term 'tenderer', 'consultant' or 'service provider' in certain contexts) means any person or
firm or company including any member of a consortium or joint venture (that is an association of several persons,
or firms or companies), every artificial juridical person not failing in any of the descriptions of bidders stated
hereinbefore, including any agency branch or office controlled by such person, participating in a procurement
process.
III. "Bidder from a country which shares a land border with India" for the purpose of this Order means:
Compliance to Government
1. An entity Incorporated, established or registered in such a country; or
of India order OM
2. A subsidiary of an entity Incorporated, established or registered in such a country; or
No.6/18/2019-PPD dated
3. An entity substantially controlled through entitles incorporated, established or registered in such a country; or
35. 23.07.2020 & 24.7.2020
4. An entity whose beneficial owner is situated in such a country, or
regarding restrictions under
5. An Indian (or other) agent of such an entity; or
Rule 144 (XI) of the General
6. A natural person who is a citizen of such a country; or
Financial Rules (GFRs), 2017
7. A consortium or joint venture where any member of the consortium or joint venture falls under any of the above
IV. The beneficial owner for the purpose of (iii) above will be as under:
1. In case of a company or Limited Liability Partnership, the beneficial owner is the natural person(s), who, whether
acting alone or together, or through one or more juridical person, has a controlling ownership interest or who
exercises control through other means.
Explanation-
a. "Controlling ownership interest” means ownership of or entitlement to more than twenty-five per cent. of
shares or capital or profits of the company;

(Seal and Sign of the Bidder)

Page 10 of 13
 ITEM: Supply of FLANGE CHI_Ø508 as per drg
SOLAR BUSINESS SPECIAL CONDITIONS OF
39871450121/06
DIVISION (SBD) CONTRACT (SCC)
Tender No: NP12303988

b. "Control" shall include the right to appoint majority of the directors or to control the management or policy
decisions including by virtue of their shareholding or management rights or shareholder’s agreements or
voting agreements;
2. In case of a partnership firm, the beneficial owner is the natural person(s) who, whether acting alone or
together, or through one or more juridical person, has ownership of entitlement to more than fifteen percent of
capital or profits of the partnership;
3. In case of an unincorporated association or body of individuals, the beneficial owner is the natural person(s),
who, whether acting alone or together, or through one or more juridical person, has ownership of or
entitlement to more than fifteen percent of the property or capital or profits of such association or body of
Individuals;
4. Where no natural person is Identified under (1) or (2) or (3) above the beneficial owner is the relevant natural
person who holds the position of senior managing official;
5. In case of a trust, the identification of beneficial owner(s) shall include identification of the author of the trust,
the trustee, the beneficiaries with fifteen percent or more interest in the trust and any other natural person
exercising ultimate effective control over the trust through a chain of control or ownership.
V. An Agent is a person employed to do any act for another or to represent another in dealings with third person.
VI. The successful bidder shall not be allowed to sub-contract works to any contractor from a country which shares
a land border with India unless such contractor is registered with the Competent Authority.
* The above clause is not applicable to the bidders from those countries (even if sharing a land border with India) to
which the GoI has extended lines of credit or in which the GoI is engaged in development projects.
* List of countries to which lines of credit have been extended or in which development projects are undertaken are
available on the Ministry of External affairs website ([Link]

Compliance to Government of India order OM No.6/18/2019-PPD dated 23.07.2020 & 24.7.2020 regarding restrictions
under Rule 144 (XI) of the General Financial Rules (GFRs), 2017 to be submitted on the bidder’s letterhead as per Annexure-
D(i) or Annexure-D(ii) – as applicable.
Compliance to order No. 25-
111612018-PG, Dated
36. Not Applicable
02.07.2020 of Ministry of
Power, GOI
“BHEL shall be resorting to Reverse Auction (RA) (Guidelines as available on [Link]) for this tender. It
37. Reverse Auction is the responsibility of the bidders to keep updated themselves of the RA guidelines.
The offer from the bidders shall be considered to be in compliance to the above
Applicable
Total tendered Quantity shall be split among two bidders in following manner: L1- 378 EA, L2- 252 EA, subjected to
38. Quantity Splitting
acceptance of L1 rates and in case only two bidders qualify.
In case the eligible bidder does not accept the counter offer (at L1 rates), 100% will be given to L1 vendor only.

(Seal and Sign of the Bidder)

Page 11 of 13
 ITEM: Supply of FLANGE CHI_Ø508 as per drg
SOLAR BUSINESS SPECIAL CONDITIONS OF
39871450121/06
DIVISION (SBD) CONTRACT (SCC)
Tender No: NP12303988

(OR)
Total tendered Quantity shall be split among three bidders in following manner: L1- 315 EA, L2- 189 EA, L3-126 EA quantity,
subjected to acceptance of L1 rates and in case three or more bidders qualify.
In case the eligible bidder does not accept the counter offer (at L1 rates) opportunity will be given to next ranking vendor
i.e. L3, L4, L5 etc. If, no vendor is accepting L1 rates, 100% will be given to L1 vendor only.

In addition to above mentioned splitting, Clause 32 will also apply, if applicable.

39. Quantity Variation Not applicable
40. Weightage of each items Not applicable
The evaluation currency for this tender shall be INR.
Evaluation will be done on overall (Supply) L1 basis
41. Evaluation
Any new taxes/ duties structure as and when implemented by the Government shall become applicable & evaluation shall
be done based on the new taxes/ duties structure.
In case of changes in scope of the tender and/ or technical specifications and commercial terms & conditions by BHEL
during techno commercial evaluation and before Price bid Opening, the same will be communicated only to the bidders
42. Change of Scope
who have participated in the tender.
The techno-commercially qualified bidders shall be asked to submit Impact Price bid, as applicable.
The Bidder declares that they will not enter into any illegal or undisclosed agreement or understanding, whether formal
Declaration by bidder
or informal with other Bidder(s). This applies in particular to prices, specifications, certifications, subsidiary contracts,
regarding protection of
43. submission or non-submission of bids or any other actions to restrict competitiveness or to introduce cartelization in the
commercial interests of
bidding process. In case, the Bidder is found having indulged in above activities, suitable action shall be taken by BHEL as
BHEL
per extant policies/ guidelines.
Loading for Commercial Deviations (where cost of withdrawal not given)
44. Loading For deviations w.r.t. Payment terms, Liquidated damages, Firm prices, if a bidder chooses not to give any cost of
withdrawal of deviation, loading as per Annexure-VIII will apply.
45. Offer Validity 90 days from the techno-commercial bid opening date
1. In place of EPD, Bangalore, it may be read as SBD Bangalore.
2. Any vendor who has been banned by BHEL or against whom action due to non-performance has been initiated by
BHEL are not eligible for participation. Such offers will not be considered for evaluation and will be rejected.
3. Bidders shall confirm acceptance of technical specification which is part of the tender document (If Applicable). Any
deviation from technical specification can be rejected at BHEL’s discretion.
46. Note
4. In course of evaluation, if one or more bidder happens to occupy L-1 status, effective L-1 will be decided by soliciting
discounts from the respectiveL-1 bidders. In case more than one bidder happens to occupy the L-1 status even after
soliciting discounts, the L-1 bidder shall be decided by a toss/draw of lots, in the presence of the respective L-1
bidder(s) or their representative(s). Ranking will be done accordingly. BHEL’s decision in such situation shall be final
and binding.

(Seal and Sign of the Bidder)

Page 12 of 13
 ITEM: Supply of FLANGE CHI_Ø508 as per drg
SOLAR BUSINESS SPECIAL CONDITIONS OF
39871450121/06
DIVISION (SBD) CONTRACT (SCC)
Tender No: NP12303988

5. The item shall be supplied as per drawing 3 987 14 50121 Rev 06 and SQAP.
Submission of Supplier Not applicable
47.
registration Form
In case of breach of contract, wherever the value of security instruments like performance bank guarantee available with
BHEL against the said contract is at least 10% of the contract value, the same will be encashed. In case the value of the
security instruments available is less than 10% of the contract value, the balance amount shall be recovered from other
Breach of contract, financial remedies (i.e. available bills of the contractor, retention amount, any other amount payable to vendor from any
48.
Remedies and Termination units of BHEL, etc. with BHEL) or legal remedies shall be pursued. The balance scope shall be got done independently
without Risk & Cost of the failed supplier/ contractor. Further, levy of liquidated damages, debarment, termination, de-
scoping, short-closure, etc., shall be applied as per provisions of the contract.
In any case of Breach of contract amount equivalent to 10% of the contract value in shall be recovered from the contractor.

(Seal and Sign of the Bidder)

Page 13 of 13