Procurement of Goods

HINDUSTAN PETROLEUM CORPORATION LIMITED

Tender Document

For

FIRE ENGINE DIGITAL DISPLAY

 Table of Contents
Section I: Notice Inviting Tender (NIT)........................................................................................... 1

1. Notice Inviting Tender (NIT) .................................................................................................. 1

2. The Tender Document .......................................................................................................... 1

2.1 Bidders must read the complete ‘Tender Document’. ........................................................... 1

2.2 Availability of the Tender Document ...................................................................................... 1

2.3 Clarifications ........................................................................................................................... 1

3. Eligibility Criteria for Participation in this Tender ................................................................... 1

4. Purchase Preference Policies of the Government ................................................................... 2

5. Pre-bid Conference: .............................................................................................................. 2

6. Submission of Bids: ............................................................................................................... 2

7. Bid Opening.......................................................................................................................... 2

8. Disclaimers and Rights of Procuring Entity ............................................................................. 2

Appendix to NIT: Tender Information Summary ............................................................................ 4

Section II: Instructions to Bidders (ITB) ......................................................................................... 8

1. The Tender Document .......................................................................................................... 8

1.1 Basic Tender Details ................................................................................................................ 8

1.2 Interpretations, Definitions, Abbreviations and Document Conventions .............................. 8

1.3 Overview of Contents ............................................................................................................. 8

1.4 Sections of the Tender Document (need not be signed or uploaded) ................................... 8

1.5 Forms (To be filled, digitally signed, and uploaded by Bidders) ........................................... 10

1.6 Other Formats ....................................................................................................................... 10

2. Procuring Entity - Rights and Disclaimers ............................................................................. 10

2.1 The Procuring Entity.............................................................................................................. 10

2.2 Right to Intellectual Property and confidentiality : .............................................................. 10

2.3 Right to Reject any or all Bids ............................................................................................... 11

2.4 Disclaimers ............................................................................................................................ 11

3. Bidders - Eligibility and Preferential Policies ........................................................................ 12

3.1 Bidders .................................................................................................................................. 12

3.2 Eligibility Criteria for Participation in this Tender ................................................................. 12

3.3 Eligibility of bidders from specified countries ...................................................................... 12

Table of Contents [i]
 3.4 Conflict of Interest. ............................................................................................................... 13

3.5 Regulation of Indian Agents/Associates of Foreign Principals.............................................. 14

4. Purchase Preference Policies of the Government ................................................................. 14

4.1 Make in India Order .............................................................................................................. 14

4.2 Support/ Preferential Treatment to Micro & Small Enterprises (MSEs) ............................... 17

4.3 Support to Start-up Enterprises ............................................................................................ 18

5. The Goods, Eligible Goods and Basis of Evaluation ............................................................... 19

5.1 Eligible Goods –Origin and Minimum Local Content ............................................................ 19

5.2 Basis of Evaluation for Schedules/ packages ........................................................................ 19

6. Bid Prices, Taxes and Duties ................................................................................................ 19

6.1 Prices ..................................................................................................................................... 19

6.2 Firm/ Variable Price .............................................................................................................. 22

6.3 Goods and Services Tax (GST) ............................................................................................... 22

6.4 Payments............................................................................................................................... 23

7. Downloading the Tender Document; Corrigenda and Clarifications ...................................... 23

7.1 Downloading the Tender Document..................................................................................... 23

7.2 Corrigenda/ Addenda to Tender Document ......................................................................... 24

7.3 Clarification on the Tender Document ................................................................................. 24

8. Pre-bid Conference ............................................................................................................. 24

9. Preparation of Bids ............................................................................................................. 25

9.1 The bid .................................................................................................................................. 25

9.2 Documents comprising the bid: ............................................................................................ 26

9.3 Bid Validity ............................................................................................................................ 27

9.4 Bid Security - Related Documents......................................................................................... 27

9.5 Non-compliance with these provisions................................................................................. 28

10. Signing and Uploading of Bids ......................................................................................... 28

10.1 Relationship between Bidder and eProcurement Portal .................................................. 28

10.2 Signing of bid ..................................................................................................................... 28

10.3 Submission/ uploading of Bids. ......................................................................................... 28

10.4 Modification, Resubmission and Withdrawal of Bids ....................................................... 29

[ii] Procuring Organisation

11. Bid Opening .................................................................................................................... 30

12. Evaluation of Bids and Award of Contract ........................................................................ 30

12.1 General norms................................................................................................................... 30

12.2 Evaluation of Bids.............................................................................................................. 31

12.3 Techno-commercial Evaluation......................................................................................... 32

12.4 Evaluation of Financial Bids and Ranking of Bids .............................................................. 33

13. Award of Contract........................................................................................................... 36

13.1 The Procuring Entity's Rights ............................................................................................ 36

13.2 Letter of Award (Acceptance - LoA) and Signing of Contract ........................................... 37

14. Grievance Redressal/ Complaint Procedure ..................................................................... 38

15. Code of Integrity in Public Procurement, Misdemeanours and Penalties:.......................... 39

16. Usage of TReDS Platform by MSME Vendors: ................................................................... 39

17. Planning and Designing in purview of Vulnerability Atlas of India: .................................... 40

Section III: Appendix to Instructions to Bidders (AITB)................................................................. 41

Section IV:General Conditions of Contract(GCC) / General Terms and Conditions (GTC) ............... 43

Section V: Special Conditions of Contract (SCC) ........................................................................... 44

Section VI: Schedule of Requirements ........................................................................................ 50

Section VII: Technical Specifications and Quality Assurance......................................................... 60

Section VIII: Qualification Criteria ............................................................................................... 68

ANNEXURES ............................................................................................................................... 73

Annexure -1: Bidding Entity .............................................................................................................. 74

Annexure – 2: Earnest Money Deposit (EMD): ................................................................................. 76

Annexure – 3: Reverse Auction Process ........................................................................................... 77

RA not applicable for this tender ...................................................................................................... 78

Annexure – 4: Process of Grievance Redressal Mechanism ............................................................. 79

Annexure – 5: HPCL Conciliation Rules, 2019 ................................................................................... 80

BIDDING FORMS ........................................................................................................................ 96

Form 1: Bid Form (Covering Letter) ............................................................................................. 97

Form 2: Bidder Information ...................................................................................................... 100

Form3: Eligibility Declarations ................................................................................................. 102

Table of Contents [iii]

Form 4: Technical Specs Compliance & Deviations .................................................................... 106

Form 5: Qualification Criteria - Compliance .............................................................................. 107

Form 6: Terms And Conditions- Compliance & Deviations ......................................................... 109

Form 7: Bid Security in lieu of EMD. .......................................................................................... 110

Form 8: Integrity Pact ............................................................................................................... 111

Form 9: Declaration on GST ...................................................................................................... 117

Form 10: Declaration on Relative of Director ............................................................................ 118

FORMATS ................................................................................................................................ 120

Format 1: FORMAT OF BANK GUARANTEE IN LIEU OF EARNEST MONEY .................................... 121

Format 2: Composite Bank Guarantee Format for Performance Security / Security Deposit /
Retention Money ..................................................................................................................... 123

APPENDIX : CODE OF CONDUCT FOR ASSOCIATES OF HINDUSTAN PETROLEUM CORPORATION

LIMITED ................................................................................................................................... 126

[iv] Procuring Organisation

 Procurement of GOODS

Section I: Notice Inviting Tender (NIT)

1. Notice Inviting Tender (NIT)
Head - Central Procurement Organization, Hindustan Petroleum Corporation Limited (hereinafter
referred to as ‘the Authority’, ‘the Head of Procurement’, ‘the Procuring Entity’ / ‘Procuring
Organisation’ respectively), invites bids for entering into a contract for the supply of GOODS
(hereinafter referred to as ‘the Goods’).This Tender Document (hereinafter referred to as ‘the Tender
Document’), gives further details.

2. The Tender Document

2.1 Bidders must read the complete ‘Tender Document’.
This NIT is an integral part of the Tender Document and serves a limited purpose of invitation, and
does not purport to contain all relevant details for submission of bids. ‘Tender Information Summary’
(TIS) appended to this notice gives a salient summary of the tender information. Any generic reference
to NIT shall also imply a reference to TIS as well. Bidders must go through the Tender Document for
details before submission of their Bids.

2.2 Availability of the Tender Document

The Tender Document shall be published on either GeM Portal or eProc Portal of HPCL and shall be
available in Central Public Procurement Portal (CPPP). It shall be available for download after the date
and time of the start of availability till the deadline for availability Unless otherwise stipulated in TIS,
the downloaded Tender Document is free of cost. Any query/ clarification regarding downloading
Tender Documents and uploading Bids on the e-Procurement portal may be addressed to the Help
Desk.

2.3 Clarifications
A Bidder requiring any clarification regarding the Tender Document may ask questions in writing/
electronically from Office/ Contact Person as mentioned in TIS, provided the questions are raised
before the clarification end date mentioned in TIS (or if not mentioned, before 7 days of the deadline
for the bid submission). This deadline shall not be extended in case of any intervening holidays.

3. Eligibility Criteria for Participation in this Tender

Subject to provisions in the Tender Document, participation in this Tender Process is open to all
bidders who fulfil the ‘Eligibility’ and ‘Qualification criteria. Bidder shall be required to declare
fulfilment of Eligibility Criteria in Form 3 (Eligibility Declarations).

The Bidder, unless otherwise stipulated in TIS/ AITB:

1) must meet the criteria as per Annexure – 1.

2) must fulfil any other additional eligibility condition, if any, as may be prescribed, in TIS or
elsewhere in Tender Document.
3) must provide such evidence of their continued eligibility to the Procuring Entity if so
requested.
4) of Class-II Local Suppliers and Non-Local Suppliers (as defined in Make-in-India policy) shall be
eligible subject to certain conditions as detailed in the ITB-clause 4.1.
Section I: Notice Inviting Tender (NIT) [1]
Tender Document - Tend No./ xxxx

5) from specified countries having land borders with India (but not in development partnership
with India) shall be eligible subject to certain conditions as detailed in the ITB-clause 3.3.

4. Purchase Preference Policies of the Government

As detailed in the Tender Document, the Procuring Entity reserves its right to grant preferences to
eligible Bidders under various Government Policies/ directives (policies relating to Make in India;
MSME; Start-ups etc.).

5. Pre-bid Conference:
If so indicated in TIS, Bidders are requested to attend a Pre-bid conference for clarification on the
Tenders' technical specifications and commercial conditions, on the time, date, and place mentioned
therein. Participation in such a Pre-bid Conference is not mandatory. If a bidder does not participate
or submit any query, then no subsequent representations from them regarding the Technical/
commercial specifications/ conditions shall be entertained.

6. Submission of Bids:
1) Bids must be uploaded till the deadline for submission mentioned in TIS. If the office happens
to be closed on the deadline to submit the bids as specified above, this deadline shall not be
extended.

2) Unless otherwise specified, in TIS, originals (or self-attested copies of originals – as specified
therein) of specified scanned uploaded documents must be physically submitted sealed in
double cover / dropped in the designated ‘Tender Box’ before the bid submission deadline (or
deadline as allowed by GeM as applicable) at mentioned venue. Failure to do so is likely to
result in the bid being rejected. If the office is closed on the deadline for physical submission,
it shall stand extended to the next working day at the same time and venue.

3) No manual Bids shall be made available or accepted for submission (except for originals of
scanned copies as per sub-clause above). Bidder must comply with the conditions of the
eProcurement portal / GeM portal, including registration, compatible Digital Signature
Certificate (DSC) etc. In the case of downloaded documents, Bidder must not make any
changes to the contents of the documents while uploading, except for filling in the required
information.

4) Integrity Pact: If so indicated, in the TIS/ AITB, all Bidders shall have to sign the Integrity Pact
with the Procuring Entity as per ‘Form 8: Integrity Pact’. Bids without a signed Integrity Pact
shall be rejected.

7. Bid Opening
Bids received shall be opened online at the specified date and time given in TIS. If the office is closed
on the specified date of opening of the bids, the opening shall be done on the next working day at the
same time.

8. Disclaimers and Rights of Procuring Entity

The issue of the Tender Document does not imply that the Procuring Entity is bound to select bid(s),
and it reserves the right without assigning any reason to

(a) reject any or all of the Bids, or

(b) cancel the tender process; or
(c) abandon the procurement of the Goods; or

[2] Procuring Organisation

 Procurement of GOODS

(d) issue another tender for identical or similar Goods

Note: For further details, please refer to appended TIS and the complete Tender Document.

Digitally Signed by

Tender Inviting Authority (TIA)

SAKET KALIKAR

General Manager – Category Management, Corporate Services

Central Procurement Organisation

Hindustan Petroleum Corporation Limited

Appendix: Tender Information Summary (TIS)

Section I: Notice Inviting Tender (NIT) [3]

Tender Document - Tend No./ xxxx

Appendix to NIT: Tender Information Summary

Tender No./ xxxx

(Ref ITB-clause 1.4)

Tender Information Summary (TIS)

1.0 Basic Tender Details

Tender Title FIRE ENGINE DIGITAL DISPLAY

Tender Tend No./ xxxx Tender Type Public Tender

Reference
(Domestic)
Number

Bidding System Single Stage RfP Type of Bid Two Bid

e-Reverse Auction to be held after Financial bid NO

opening (See AITB also in case of Yes)

Tender Inviting Head – Category Address Central Procurement

Authority (TIA) Management, Organisation,

Corporate Services 9th Floor, A Wing,

Marathon Futurex Building,

N M Joshi Marg,

Lower Parel,

Mumbai – 400 013,

Maharashtra, India

2.0 Requirement Details (ITB-clause 5.0)

Evaluation Basis [Schedule-wise] Part quotation NO

allowed or not
[The bidders may submit
bids for any or all the
schedules. However, he
must quote for the
complete schedule that he
quotes for, without
exception.]

Inspection Type As per tender document Inspection Agency As per tender document

Terms of As per tender document Completion date 3 months

Delivery of Delivery:

3.0 Critical Dates (ITB-clause 7.0; 8.0; 9.0, 10.0 and 11.0)

[4] Procuring Organisation

 Procurement of GOODS

Published Date As per tender document Bid Validity (Days 120 days
from the date of
Tender Opening) –
ITB-clause9.3

Clarification As per tender document Clarification End Not later than 7 days
Start Date & Date & Time before the bid
Time submission deadline.

Bid Submission As per tender document Bid Submission As per tender document
Start Date & Closing Date &
Time Time

Tender Opening As per tender document Tender Opening To be intimated later

(Techno- (Financial bid) Date
commercial bid) & Time
Date & Time

4.0 Eligibility to Participate (NIT-clause 3 and ITB-clause 3.2)

Is this item reserved for exclusive Procurement [No]

from MSEs

Nature of Bidders eligible – OEMs/ Dealers [No Restriction]

authorised by OEMs

Minimum local content for eligibility to As per clause below

participate ITB-clause4.1.4 (Make in India
Policy)

Classes of Local Suppliers eligible to participate Only Class-I and Class-II local Suppliers eligible
ITB-clause4.1.4 (Make in India Policy) (Domestic Tenders)

5.0 Thresholds for Eligibility to Participate and Preference under Make in India Policy (ITB-
clause 4.1)

Class-I Local Suppliers: 50%

Classification of Local Suppliers based on Class -II Local Supplier: more than 20% but less
Minimum local content ITB-clause4.1.1 than 50%

Non-Local Supplier less than 20%

The margin of purchase preference (ITB-clause 20%

4.1.4)

Is the requirement divisible for preference ITB- [No]

clause4.1.5

Would the contract be split among more than [ No]

one bidder ITB-clause4.1.5

Appendix to NIT: Tender Information Summary (TIS) [5]

Tender Document - Tend No./ xxxx

6.0 Obtaining the Tender Document and clarifications (ITB-clause7.0)

Office/ Contact Lalit Kumar Singh, Ch Manager- M&I, SOD SBU

Person/ email
for clarifications Email Id: [email protected]

Akankcha Singh, Manager – Procurement, CPO HQO

Email Id : [email protected]

7.0 Pre-bid Conference (ITB-clause8)

Place, time, and date of the Pre-bid Conference As per tender document

8.0 Preparation and Submission and Opening of Bids (ITB-clause9.0 and 10.0)

Instructions for https://etenders.gov.in/eprocure/app?page=HelpForContractors&service=pag

Online bid e] for HPCL tenders
Submission
GeM Portal for GeM tenders

Tender Opening On e-procurement portal(s) mentioned above

Place

Alternate Bids Only one bid meeting the conflict-of-interest criteria (as mentioned in this
allowed or not document) shall be considered as valid from a bidder.
ITB-clause 9.1.6

9.0 Physical submission of Originals/ Self-attested copies of Originals of Scanned

Documents uploaded (ITB-clause 10.3)

Physical documents required/ permitted to be submitted Yes

If Yes, List of Documents to be submitted physically Form 7: Documents related to

Bid Security , ie. EMD

Deadline for physical submission of originals/ self-attested Same as the deadline for the
copies of Originals of uploaded scanned documents bid submission, for HPCL eProc
Tenders

As per GeM GTC for GeM

portal tenders

Address of Box No : 3
Physical
Central Procurement Organisation,
Submission of
Originals 9th Floor, A Wing,

Marathon Futurex Building,

N M Joshi Marg,

Lower Parel,

Mumbai – 400 013,

[6] Procuring Organisation

 Procurement of GOODS

Maharashtra, India

10.0 Documents relating to Bid Security(ITB-clause9.4) and Performance Security (ITB-clause

13.2.4)

EMD to be submitted in all applicable tenders. Bid Security Declaration to be submitted by

bidders where exemption to EMD has been sought

Performance Applicable @ 5% of Form of Security and To Bank Guarantee

Security Order value, Security whom to be addressed
Deposit @ 2% of Order
value

11.0 Additional Clauses

Clause Description

Integrity Pact to Yes Independent 1. Shri Ashwani Kumar

be Signed and External Monitor, ([email protected])
Submitted along Name and 2. Shri Rajesh Ranjan
with bid ITB- Contact Details ([email protected])
clause9.2.1 3. Shri. Bhagwan Shankar
([email protected])

C/o The Company Secretary,

HPCL, 6thFloor, Petroleum House,

17, Jamshedji Tata Road,

Churchgate, Mumbai 400020

Price Variation No
Clause ITB-
clause6.2.2

Quantity No If Yes, Ratio of Distribution among L- Not applicable

Splitting/ 1 and others
Parallel Orders
ITB-clause Schedule-
13.1.2 wise lowest

Appendix to NIT: Tender Information Summary (TIS) [7]

Tender Document - Tend No./ xxxx

Section II: Instructions to Bidders (ITB)

1. The Tender Document
1.1 Basic Tender Details
This ‘Tender Document’ details the terms and conditions for entering into a contract for the supply of
the Goods as detailed in Section VI: “Schedule of Requirements” (hereinafter referred to as ‘the
Goods’). Bidders must go through the Tender Document for further details. ‘Tender Information
Summary’ (TIS) is appended to Section I: Notice Inviting Tender (NIT) for ready reference. The ‘Good’s
may include incidental Services/ Works if so indicated. In this Tender Document, any generic reference
to ‘Goods’ shall be deemed to include such incidental Services and Works.

1.2 Interpretations, Definitions, Abbreviations and Document Conventions

Section IV: General Conditions of Contract (GCC) / General Terms and Conditions (GTC) shall also apply
to the rest of the Tender Document.

1.3 Overview of Contents

1) Unless otherwise stipulated in TIS/ AITB, the Sections, Forms and Formats comprising this
Tender Document are described in ITB-clauses 1.4, 1.5 and 1.6 below. A BOQ file separately
available on the e-Procurement Portal is also part of this Tender Document. Any generic
reference to Tender Document shall also imply a reference to any/ all the sections, Forms,
Formats and the BOQ file or other files that comprise this Tender Document.

2) Bidder must submit the bid in the Forms/ Formats mentioned in ITB-clauses 1.5 and 1.6 below.
The sections mentioned in ITB-clause 1.4 below need not be signed or returned by the bidders;
however, Bidder must declare in his bid Form (Form 1) that he has read, understood,
complied, and stands bound by all requirements of these sections:

1.4 Sections of the Tender Document (need not be signed or uploaded)

1.4.1 Sections of the Tender Document

Unless otherwise stipulated in TIS/ AITB, the Tender Document contains the following sections,
which are described in subsequent sub-clauses:

1) Section I: Notice Inviting Tender (NIT) and its Appendix: Tender Information Summary (TIS)

2) Section II: Instructions to Bidders (ITB)

3) Section III: Appendix to Instructions to Bidders (AITB)

4) Section IV: General Conditions of Contract (GCC) / General Terms and Conditions (GTC)
5) Section V: Special Conditions of Contract (SCC)

6) Section VI: Schedule of Requirements

7) Section VII: Technical Specifications and Quality Assurance

8) Section VIII: Qualification Criteria

1.4.2 Section I: Notice Inviting Tender (NIT) and its Appendix: Tender Information Summary (TIS)

[8] Procuring Organisation

 Procurement of GOODS

Section I – Notice Inviting Tender (NIT) and its Appendix – Tender Information Summary (TIS) provides
a synopsis of information relevant for a Bidder to decide on participating in the Tender. Any generic
reference to NIT shall also imply a reference to TIS as well.

1.4.3 Section II: Instructions to Bidders (ITB) and Section III: Appendix to Instructions to Bidders
(AITB)

Section II: “Instructions to Bidders” - ITB along with Section III: “Appendix to Instructions to Bidders –
AITB” provides the relevant information as well as instructions to assist the prospective Bidders in
preparation and submission of Bids. It also includes the mode and procedure adopted for receipt/
opening, scrutiny/ evaluation of Bids, and contract award. In case of a conflict, provisions of AITB shall
prevail over those in the ITB. Any generic reference to ITB shall also imply a reference to AITB as well.

1.4.4 Section IV: General Conditions of Contract (GCC) and Section V: Special Conditions of
Contract (SCC)

Section IV – General Conditions of Contract (GCC) / General Terms and Conditions (GTC) and Section
V – Special Conditions of Contract (SCC) describe the conditions that shall govern the resulting
contract. In case of a conflict, provisions of SCC shall prevail over those in the GCC. Any generic
reference to GCC shall also imply a reference to SCC as well. In case of any conflict, provisions of GCC/
SCC shall prevail over those in ITB/ AITB..

1.4.5 Section VI: Schedule of Requirements

Section VI – Schedule of Requirements describes the Goods required; HSN codes; Quantities and Units;
Delivery Requirements, Destination and State; transportation; terms of delivery (F.O.R. etc.); scope of
supply (concomitant accessories; spare parts and incidental Works/ Services). The requirements may
consist of more than one schedule. Each schedule may contain more than one item of Goods.

1.4.6 Section VII – Technical Specifications and Quality Assurance

Section VII – Technical Specifications and Quality Assurance lays down the technical and quality
assurance (including any energy-saving requirements, e.g., BEE star classification and Warranty
Obligations) of the Goods required. It would also stipulate, if required, any compliance required by
Central and State Pollution Control Boards, including transportation and handling of hazardous
materials/ packaging. Bidder should provide the required details, information, confirmations, etc.,
accordingly, failing which its bid shall be liable to be rejected as nonresponsive.

1.4.7 Section VIII: Qualification Criteria:

9) Section VIII: Qualification Criteria lay down the Qualifying Criteria for a bid/ Bidder to be
considered a responsive bid/ bidder for further evaluation. Bids/ bidders not meeting these
Qualification criteria shall be rejected as nonresponsive. It may indicate the extent of
dispensation allowed for Start-ups under ITB 3.8.2-2) and MII under ITB 3.6.8-2. Unless
otherwise stipulated in Section VII: Qualification Criteria, the Qualification Criteria shall
include:

a) Criteria 1: Experience and Past Performance

b) Criteria 2: Financial Capability

Bidders shall attach statements and documents to confirm conformity to Qualification Criteria in this
appendix.
Section II: Instructions To Bidders (ITB) [9]
 Tender Document - Tend No./ xxxx

1.5 Forms (To be filled, digitally signed, and uploaded by Bidders)

Please refer to clause 1.4 above to relate the following forms to the corresponding Sections.

1) Form 1:Bid Form (To serve as a covering letter to both the Techno-commercial and Financial
Bids)

2) Form 2 : Bidder Information

3) Form 3 : Eligibility Declarations

4) Form 4: Technical Specifications and Quality Assurance- Compliance

5) Form 5: Qualification Criteria - Compliance

6) Form 6: Terms and Conditions- Compliance

7) Form 7: Documents Relating to Bid Security / EMD

8) Form 8: Integrity Pact

1.6 Other Formats

a) Format 1 : Format for Bank Guarantee in lieu of Ernest Money Deposit (EMD)
b) Format 2 : Composite Bank Guarantee Format for Performance Security / Security Deposit /
Retention Money

2. Procuring Entity - Rights and Disclaimers

2.1 The Procuring Entity
The Tender Inviting Authority (TIA) is the designated officer for uploading and clarifying this Tender
Document.

2.2 Right to Intellectual Property and confidentiality :

1) The Tender Document and associated correspondence are subject to copyright laws and shall
always remain the property of the Procuring Entity and must not be shared with third parties
or reproduced, whether in whole or part, without the Procuring Entity’s prior written consent.

2) However, Bidders may share these to prepare and submit its bid with its employees,
subcontractor(s), or holding Company. Bidders shall obtain from the man undertaking of
confidentiality similar to that imposed on Bidder under this clause.

3) This condition shall also apply to bidders who do not submit a bid after downloading it or who
are not awarded a contract in the process.

4) The obligation of the Bidders under sub-clauses above, however, shall not apply to
information that:

(a) now or hereafter is or enters the public domain through no fault of Bidder;
(b) is legally possessed by Bidder at the relevant time and was not previously obtained,
directly or indirectly, from the Procuring Entity; or
(c) otherwise lawfully becomes available to Bidder from a third party that has no obligation
of confidentiality.

[10] Procuring Organisation

 Procurement of GOODS

5) The provisions of this clause shall survive completion or termination for whatever reason of
the Tender Process or the contract.

2.3 Right to Reject any or all Bids

The Procuring Entity reserves its right to accept or reject any or all Bids, abandon/ cancel the Tender
process, and issue another tender for the same or similar Goods at any time before the award of the
contract. It would have no liability to the affected Bidder or Bidders or any obligation to inform the
affected Bidder or Bidders of the grounds for such action(s).

2.4 Disclaimers
2.4.1 Regarding Purpose of the Tender Document

The Tender Document is neither an agreement nor an offer to prospective Bidder(s) or any other party
hereunder. The purpose of the Tender Document is to provide the Bidder(s) with information to assist
them in participation in this Tender Process.

2.4.2 Regarding Documents/ guidelines

The Tender Document, ensuing communications, and Contracts shall determine the legal and
commercial relationship between the bidders/ contractors and the Procuring Entity. No other
Government or Procuring Entity’s document/ guidelines/ Manuals including its Procurement Manual
(for internal and official use of its officers), notwithstanding any mention thereof in the Tender
Document, shall have any locus-standii in such a relationship. Therefore, such documents/ guidelines/
Manuals shall not be admissible in any legal or dispute resolution or grievance redressal proceedings.

2.4.3 Regarding Information Provided

Information contained in the Tender Document or subsequently provided to the Bidder(s) is on the
terms and conditions set out in the Tender Document or subject to which that was provided. Similar
terms apply to information provided verbally or in documentary or any other form, directly or
indirectly, by the Procuring Entity or any of its employees or associated agencies.

2.4.4 Regarding Tender Document:

1) The Tender Document does not purport to contain all the information Bidder(s) may require.
It may not address the needs of all Bidders. They should conduct due diligence, investigation,
and analysis, check the information's accuracy, reliability, and completeness, and obtain
independent advice from appropriate sources. Information provided in the Tender Document
to the Bidder(s) is on a wide range of matters, some of which may depend upon interpreting
the law. The information given is not intended to be an exhaustive account of statutory
requirements and should not be regarded as a complete or authoritative statement of law.
The Procuring Entity, its employees and other associated agencies accept no responsibility for
the accuracy or otherwise for any interpretation or opinion on law expressed herein.

2) The Procuring Entity, its employees and other associated agencies make no representation or
warranty for the accuracy, adequacy, correctness, completeness or reliability, assessment,
assumption, statement, or information in the Tender Document. They have no legal liability,
whether resulting from negligence or otherwise, for any loss, damages, cost, or expense that
may arise from/ incurred/ suffered howsoever caused to any person, including any Bidder, on
such account.
Section II: Instructions To Bidders (ITB) [11]
 Tender Document - Tend No./ xxxx

3. Bidders - Eligibility and Preferential Policies

3.1 Bidders
Subject to provisions in the following clauses in this section and provisions in Tender Document, this
invitation for Bids is open to all bidders who fulfil the ‘Eligibility Criteria’ and ‘Qualification Criteria’
stipulated in the Tender Document.

3.2 Eligibility Criteria for Participation in this Tender

Subject to provisions in this Tender Document, participation in this Tender Process is open to all
bidders who fulfil the ‘Eligibility’ and ‘Qualification criteria. Bidder should meet the ‘Eligibility Criteria’
detailed in NIT-clause 3, which shall be considered to be part of this clause of ITB. Bidder shall submit
a declaration about the ‘Eligibility Criteria’ compliance in the form – Eligibility Declarations.

3.3 Eligibility of bidders from specified countries

Orders issued by the Government of India restricting procurement from bidders from certain countries
that share a land border with India shall apply to this procurement.

1) Any bidder from a country that shares a land border with India, excluding countries as listed
on the website of the Ministry of External Affairs, to which the Government of India has
extended lines of credit or in which the Government of India is engaged in development
projects (hereinafter called ‘Restricted Countries’) shall be eligible to bid in this tender only if
Bidder is registered with the Registration Committee constituted by the Department for
Promotion of Industry and Internal Trade (DPIIT). Bidders shall enclose the certificate in this
regard in Form 1 - bid Form.

2) In Bids for Turnkey contracts, including Works contracts, the successful bidder shall not be
allowed to sub-contract works to any contractor from such Restricted Countries unless such
contractor is similarly registered. In such cases, the bidders shall enclose the certificate in
Form 1:Bid Form.

3) If Bidder has proposed to sub-contract Services or incidental Goods directly/ indirectly from
the vendors from such countries, such vendor shall be required to be registered with the
Competent Authority. However, if Bidder procures raw material, components, and sub-
assemblies from such countries' vendors, such vendors shall not require registration.

4) "Bidder from such Restricted Countries" means: -

a) An entity incorporated, established, or registered in such a country; or

b) A subsidiary of an entity incorporated, established, or registered in such a country;
or
c) An entity substantially controlled through entities incorporated, established, or
registered in such a country; or
d) An entity whose beneficial owner is situated in such a country; or
e) An Indian (or other) agent of such an entity; or
f) A natural person who is a citizen of such a country; or
g) A consortium/ joint venture where any member falls under any of the above

5) The beneficial owner shall mean:

[12] Procuring Organisation

 Procurement of GOODS

(a) In a company or Limited Liability Partnership, the beneficial owner is the natural
person(s). Whether acting alone or together or through one or more juridical persons,
controlling ownership interest or exercises control through other means.

Explanation-

(i) "Controlling ownership interest" means ownership of or entitlement to more than

twenty-five percent of the company's shares or capital or profits.
(ii) “Control” shall include the right to appoint a majority of the directors or to control
the management or policy decisions including by virtue of their shareholding or
management rights or shareholder agreements or voting agreements;

(b) In the 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 persons, has
ownership of entitlement to more than fifteen percent of capital or profits.
(c) 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;
(d) 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.
(e) 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.

3.4 Conflict of Interest.

Any bidder having a conflict of interest, which substantially affects fair competition, shall not be
eligible to bid in this tender. Bids found to have a conflict of interest shall be rejected as nonresponsive.
Bidder shall be required to declare the absence of such conflict of interest in Form 3 - Eligibility
Declarations. A bidder in this Tender Process shall be considered to have a conflict of interest if the
bidder:

1) directly or indirectly controls, is controlled by or is under common control with another

Bidder; or

2) receives or have received any direct or indirect subsidy/ financial stake from another bidder;
or

3) has the same legal representative/ agent as another bidder for purposes of this bid. A Principal
can authorize only one agent, and an agent also should not represent or quote on behalf of
more than one Principal. However, this shall not debar more than one Authorised distributor
from quoting equipment manufactured by an Original Equipment Manufacturer (OEM), in
procurements under Proprietary Article Certificate; or

4) has a relationship with another bidder, directly or through common third parties, that puts it
in a position to have access to information about or influence the bid of another Bidder or
influence the decisions of the Procuring Entity regarding this Tender process; or

Section II: Instructions To Bidders (ITB) [13]

Tender Document - Tend No./ xxxx

5) participates in more than one bid in this tender process. Participation in any capacity by a
Bidder (including the participation of a Bidder as sub-contractor in another bid or vice-versa)
in more than one bid shall result in the disqualification of all bids in which he is a party.
However, this does not limit the participation of a non-bidder firm as a sub-contractor in more
than one bid; or

6) would be providing goods, works, or non-consulting services resulting from or directly related
to consulting services that it provided (or were provided by any affiliate that directly or
indirectly controls, is controlled by, or is under common control with that firm), for the
procurement planning (inter-alia preparation of feasibility/ cost estimates/ Detailed Project
Report (DPR), design/ technical specifications, terms of reference (ToR)/ Activity Schedule/
schedule of requirements or the Tender Document etc) of this Tender process; or

7) has a close business or family relationship with a staff of the Procuring Organisation who: (i)
are directly or indirectly involved in the preparation of the Tender document or specifications
of the Tender Process, and/or the evaluation of bids; or (ii) would be involved in the
implementation or supervision of resulting Contract unless the conflict stemming from such
relationship has been resolved in a manner acceptable to the Procuring Entity throughout the
Tender process and execution of the Contract.

3.5 Regulation of Indian Agents/Associates of Foreign Principals

Wherever the foreign principal desires to involve in this tender process, an Indian Agent/ associate,
their dealings shall be regulated.

4. Purchase Preference Policies of the Government

Unless otherwise stipulated in TIS/ AITB, the Procuring Entity reserves its right to grant preferences to
the following categories of eligible Bidders under various Government Policies/ Directives:

1) Class I Local Suppliers under Public Procurement (Preference to Make in India) Order 2017
(MII) of Department for Promotion of Industry and Internal Trade, (DPIIT - Public Procurement
Section) as revised from time to time.
2) Bidders from Micro and/ or Small Enterprises (MSEs) under Public Procurement Policy for the
Micro and Small Enterprises (MSEs) Order, 2012 as amended from time to time.
3) Start-ups Bidders under Ministry of Finance, Department of Expenditure, Public Procurement
Division OM No F.20\212014-PPD dated 25.07.2016 and subsequent clarifications; and/ or
4) Any other category of Bidders, as per any Government Policies, announced from time to time,
if so provided in the TIS/ ITB/ AITB.

4.1 Make in India Order

Orders issued by the Government of India regarding eligibility to participate and for purchase
preference to “Local Suppliers” to encourage 'Make in India' and promote manufacturing and
production of goods and services in India shall apply to this procurement, as detailed below.

4.1.1 Categories of Local Suppliers

Bidders/Contractors are divided into three categories based on Local Content. Local content in the
context of this policy is the total value of the item procured (excluding net domestic indirect taxes)
minus the value of imported content in the item (including all customs duties) as a proportion of the
total value, in percent.:

[14] Procuring Organisation

 Procurement of GOODS

1) 'Class-I local Supplier' with local content equal to or more than that prescribed in TIS or 50% if
not prescribed.

2) 'Class-II local Supplier' with local content equal to or more than that prescribed in TIS or 20%if
not prescribed, but less than that applicable for Class-I local Supplier.

3) 'Non - Local Supplier' with local content less than that applicable for Class-II local Supplier, in
sub-clause above.

4.1.2 Eligibility Restrictions based on Reciprocity.

If so stipulated in the Tender Document, entities from such countries identified as not allowing Indian
companies to participate in their Government procurement shall not be allowed to participate on a
reciprocal basis in this tender. The term 'entity' of a country shall have the same meaning as under
the FDI Policy of DPIIT as amended from time to time.

4.1.3 Eligibility to participate

1) Minimum local content for eligibility to participate: Only bidders meeting the minimum
prescribed local content for the product shall be eligible to participate subject to the following
conditions.

2) Classes of Local Suppliers eligible to Participate: Based on the Make in India Policy, classes of
local/ non-local Suppliers eligible to participate in the tender shall be declared in TIS/ AITB/
Schedule of Requirements. If not so declared, only Class-I and Class-II local Suppliers shall be
eligible to participate and not non-local Suppliers.

4.1.4 Thresholds

1) Following thresholds shall be applicable :

(a) Local content for eligibility for Class-I; Class-II local Suppliers and Non-local Suppliers
shall be 50% and above; 20% and above but less than 50%; and less than 20%,
respectively.
(b) Minimum local content for eligibility to participate shall be 50%,
(c) The margin of purchase preference shall be 20%

4.1.5 Purchase preference to Class-I local Suppliers

1) For goods and works where the Goods are divisible by nature:

(a) Among all qualified bids, the lowest bid shall be termed as L-1. If L-1 is 'Class-I local
Supplier', the contract for full quantity shall be awarded to L-1.
(b) If the L-1 bid is not a 'Class-I local Supplier', 50% of the order quantity shall be awarded
to L-1. After that, the lowest bidder among the 'Class-I local Supplier' whose quoted price
falls within the margin of purchase preference shall be invited to match the L-1 price for
the remaining 50% quantity, and a contract for that quantity shall be awarded him,
subject to matching the L-1 price. In case such lowest eligible 'Class-I local Supplier' fails
to match the L-1 price or accepts less than the offered quantity, the next higher 'Class-I
local Supplier' within the margin of purchase preference shall be invited to match the L-
1 price for the remaining quantity and so on, and the contract shall be awarded
Section II: Instructions To Bidders (ITB) [15]
Tender Document - Tend No./ xxxx

accordingly. If some quantity is still left uncovered on Class-I local Suppliers, such balance
quantity shall also be ordered on the L-1 bidder.

2) For goods and works where the Goods are not divisible, and in the procurement of services
where the bid is evaluated on price alone:

(a) Among all qualified bids, the lowest bid shall be termed as L-1. If L-1 is 'Class-I local
Supplier', the contract shall be awarded to L-1.
(b) If L-1 is not 'Class-I local Supplier', the lowest bidder among the 'Class-I local Supplier'
shall be invited to match the L-1 price subject to Class-I local Supplier's quoted price
falling within the margin of purchase preference, and the contract shall be awarded to
such 'Class-I local Supplier' subject to matching the L-1 price.
(c) If such lowest eligible 'Class-I local Supplier' fails to match the L-1 price, the 'Class-I local
Supplier' with the next higher and so on, bid within the margin of purchase preference
shall be invited to match the L-1 price, and the contract shall be awarded accordingly. If
none of the 'Class-I local Supplier' within the margin of purchase preference matches the
L-1 price, the contract shall be awarded to the L-1 bidder.

3) Where parallel contracts are to be awarded to multiple bidders: In Bids where parallel
contracts are to be awarded to multiple bidders subject to matching of L-1 rates or otherwise,
the ‘Class-I local Supplier’ shall get purchase preference over ‘Class-ll local Supplier’ as well as
‘Non-local Supplier’, as per following procedure:

(a) If there is sufficient local capacity and competition for the item to be procured, as notified
by the nodal Ministry, only Class I local Suppliers shall be eligible to bid. As such, the
multiple Contractors, who would be awarded the contract, should be all and only 'Class I
Local Suppliers’.
(b) In Bids, other than those mentioned above, ‘Class II local Suppliers’ or both ‘Class II local
Suppliers’ and 'Nonlocal Suppliers’ may also participate in the tender process along with
'Class I Local Suppliers’. If ‘Class I Local Suppliers’ qualify for the contract award for at
least 50% of the tendered quantity in tender, the contract shall be awarded to all the
qualified bidders as per award criteria stipulated in the Tender Documents. However, in
case 'Class I Local Suppliers’ do not qualify for the award of contract for at least 50% of
the tendered quantity as per award criteria, purchase preference should be given to the
‘Class I local Supplier' over ‘Class II local Suppliers’/ 'Non-local Suppliers’ provided that
their quoted rate falls within the margin of purchase preference of the highest bid
considered for award of contract. To ensure that the ‘Class I Local Suppliers’ taken in
totality are considered for award of contract for at least 50% of the tendered quantity,
first purchase preference has to be given to the lowest among such eligible ‘Class-I local
Suppliers’, subject to its meeting the prescribed criteria for the award of contract as also
the constraint of the maximum quantity that can be sourced from any single Contractor.
If the lowest among such 'Class-I local Suppliers’ does not qualify for purchase preference
because of aforesaid constraints or does not accept the offered quantity, an opportunity
shall be given to next higher among such ‘Class-I local Supplier’, and so on.

4.1.6 Verification of local content and violations:

1) The 'Class-I local Supplier'/ 'Class-II local Supplier' at the time of tender, bidding, or solicitation
shall be required to indicate the percentage of local content and provide self-certification that
the item offered meets the local content requirement for 'Class-I local Supplier'/ 'Class-II local
Supplier', as the case may be.
[16] Procuring Organisation
 Procurement of GOODS

2) In cases of procurement for a tender value above Rs. 10 crores, the 'Class-I local Supplier'/
'Class-II local Supplier' shall be required to provide a certificate from the statutory auditor or
cost auditor of the company (in the case of companies) or a practicing cost accountant or
practicing chartered accountant (in respect of Contractors other than companies) giving the
percentage of local content.

3) Complaints about Local content declarations may be made through the channels of Procuring
Entity. Procuring Entities and Nodal Ministries may prescribe fees for such complaints.

4) Bids with false declarations regarding Local contents shall be rejected as nonresponsive, in
addition to punitive actions under the MII orders and for violating the Code of Integrity as per
the Tender Document.

4.1.7 Manufacture under license/ technology collaboration agreements with phased

indigenization

Not applicable

4.1.8 Information to be provided by Bidders regarding Make in India policy

Bidder shall provide required self-declaration as detailed in Form 3 –Eligibility Declarations:

1) Self-declaration of their local content (and required certificate, in case of procurements above
Rs 10 Crores) and their status as Class-I/ Class-II/ Non-local Supplier and their eligibility to
participate as per this clause.

2) If the Tender Document indicates countries identified as not allowing Indian companies to
participate in their Government procurement, then a declaration that they are not an ‘Entity’
of such countries (as per criteria of the FDI Policy of DPIIT as amended from time to time) and
are therefore eligible to participate in this tender.

4.2 Support/ Preferential Treatment to Micro & Small Enterprises (MSEs)

Policies of the Government to support Micro and Small Industries (MSEs, registered as per the
following sub-clause) in comparison to non-MSE enterprises shall apply to this procurement.

4.2.1 Registration of MSEs

1) MSEs interested in availing such benefits must enclose in Form 1 with their offer the Udhyam
Registration Certificate with the Udhyam Registration Number as proof of their being MSE
registered on the Udhyam Registration Portal. The certificate shall be of latest but before the
deadline for submission of the bid.

2) MSEs shall be treated as owned by SC/ ST or women entrepreneurs:

(a) The proprietor(s) shall be SC/ ST or women in proprietary MSEs

(b) At least 51% shares shall be held by the SC/ ST or women partners in a partnership MSEs.
(c) At least a 51% share shall be held by SC/ ST or women promoters in Private Limited
Companies MSEs.

4.2.2 Support to MSEs

a) Tender sets shall be provided free of cost to MSEs.

Section II: Instructions To Bidders (ITB) [17]

Tender Document - Tend No./ xxxx

b) MSEs shall be exempted from payment of Earnest Money. (They shall be required only
to submit Bid Security Declaration)
c) Relaxation in Qualification Criteria.

4.2.3 Reservation of specific items for procurement

If so stipulated in Tender Information Summary (TIS Appendix to NIT), this procurement is reserved as
per the Public Procurement Policy for the Micro, and Small Enterprises Order, 2012, for exclusive
purchase from Micro and Small Enterprises (MSEs). In such a case, only such MSEs shall be eligible to
submit a bid and be considered.

4.2.4 Purchase Preference to MSEs

The Procuring Entity reserves its option to give purchase preference to MSEs compared to the non-
MSE enterprises as per policies of the Government from time to time. This preference shall only apply
to products produced and services rendered by Micro and Small Enterprises. If an MSE bidder quotes
a price within the band of the lowest (L-1) +15 percent in a situation where the L-1 price is quoted by
someone other than an MSE, the MSE bidders are eligible for being awarded up to 25 percent of the
total quantity being procured if they agree to match the L-1 price.

4.3 Support to Start-up Enterprises

4.3.1 Definition of Start-up Enterprises

1) As defined by DPIIT, an entity shall be considered as a 'Start-up':

(a) Upto a period of ten years from the date of incorporation/ registration, if it is
incorporated as a private limited company (as defined in the Companies Act, 2013) or
registered as a partnership firm (registered under section 59 of the Partnership Act, 1932)
or a limited liability partnership (under the Limited Liability Partnership Act, 2008) in
India, and
(b) Turnover of the entity for any of the financial years since incorporation/ registration has
not exceeded one hundred crore rupees, and
(c) The entity works towards innovation, development or improvement of products or
processes or services or a scalable business model with a high potential for employment
generation or wealth creation.

2) Provided that an entity formed by splitting up or reconstructing an existing business shall not
be considered a ‘Start-up’.

3) A Start-up so identified under the above definition shall be required to obtain and submit
along with his bid a certificate of an eligible Start-up from the inter-Ministerial Board of
Certification to obtain support.

4.3.2 Support to Start-ups

The Government of India has ordered the following support to Start-ups (as defined by the
Department of Promotion of Industrial and Internal Trade - DPIIT).

1) Exemption from submission of EMD / Bid Security: Such Start-ups shall be exempted from
payment of Earnest Money. (as per ITB-clause 9.4 below, they shall be required only to submit
Bid Security Declaration)

[18] Procuring Organisation

 Procurement of GOODS

2) Relaxation in Prior Turnover and Experience: The Procuring Entity reserves its right to relax
the condition of prior turnover and prior experience for start-up enterprises subject to
meeting of quality & technical specifications. The decision of the Procuring Entity in this regard
shall be final.

5. The Goods, Eligible Goods and Basis of Evaluation

5.1 Eligible Goods –Origin and Minimum Local Content
Unless otherwise stipulated in the Tender Document, all ‘Goods’ and ‘incidental Works/ Service’ to be
supplied under the contract must conform to i) restrictions on certain countries with land-borders
with India ii) minimum local content (Make in India Policy). If Bidder avails benefits under any
preferential policy as Class-I Local Supplier or as MSE or Start-up enterprise, the Goods must not
circumvent the provisions relating to such benefits.

5.2 Basis of Evaluation for Schedules/ packages

1) Unless otherwise stipulated in the TIS/ AITB, if there is more than one schedule/ package in
Section VI: Schedule of Requirements, evaluation of financial ranking of bids shall be done
separately for each schedule, and Bidder has the option to submit its quotation for any one
or more schedules/ packages and, also, to offer special discount for combined schedules.
However, Bidder shall quote for the complete Goods as stipulated in a schedule quoted.

2) Unless otherwise stipulated in the TIS/ AITB, if there is only a list of items without grouping
into schedules, evaluation of financial ranking of bids shall be done on overall lowest bottom-
line basis.

6. Bid Prices, Taxes and Duties

6.1 Prices
6.1.1 Competitive and Independent Prices

a) The prices should be arrived at independently, without restricting competition, any

consultation, communication, or agreement with any other bidder or competitor relating
to:

i) those prices; or
ii) the intention to submit an offer; or
iii) the methods or factors used to calculate the prices offered.

b) The prices should neither be nor shall be knowingly disclosed by the Bidder, directly or
indirectly, to any other bidder or competitor before bid opening or contract award unless
otherwise required by law.

6.1.2 Undue profiteering

1) Controlled Price, if any or MRP: The price quoted by Bidder shall not be higher than the
controlled price fixed by law for the Goods, if any, or where there is no controlled price, it
shall not exceed the prices or contravene the norms for fixation of prices if any, laid down by
Government or where the Government has fixed no such prices or norms, it shall not exceed
the price appearing in any agreement, if any, relating to price regulation by any industry.

Section II: Instructions To Bidders (ITB) [19]

Tender Document - Tend No./ xxxx

6.1.3 Price Components

1) Bidder shall indicate in the Price Schedule all the specified components of prices shown
therein, including the unit prices and total bid prices.

2) The break-up of Prices based on Origin of Goods: The quoted prices for Goods offered from
India and those offered from abroad should be indicated separately in the applicable Price
Schedules. The prices in the corresponding price schedule shall be entered separately in the
following manner:

(a) Domestic Goods: For Goods offered indigenously, the prices in the corresponding price
schedule shall be entered appropriately as required in eproc/GeM Portal
(b) Foreign Goods: For Goods offered from abroad, the prices in the corresponding price
schedule shall be entered separately in the following manner:

(i) The price of Goods quoted FAS/ FOB port of shipment or CIF port of entry in India or
CIF specified place of destination in India as indicated in the Schedule of
Requirements.
(ii) Wherever applicable, the amount of customs duty on the Goods to be imported.
(iii) The charges for inland transportation, insurance, and other local costs incidental to
the delivery of the Goods from the port of entry in India to their final destination, as
stipulated in the Schedule of Requirements. and
(iv) The charges for incidental Works/ Services, as and if mentioned in the Schedule of
Requirements, showing break-up as per their country of origin.
(v) Unless otherwise explicitly indicated in the contract, the terms FOB, FAS, CIF etc. for
imported Goods offered from abroad shall be governed by the rules & regulations
prescribed in the current edition of INCOTERMS, published by the International
Chamber of Commerce, Paris.
(vi) The need for an indication of all such price components by the Bidders, as required
in this clause (viz., ITB clause 6.1.3), is for comparison of the Bids by the Procuring
Entity and shall no way restrict the Procuring Entity’s right to award the contract on
the selected Bidder on any of the terms offered.

3) Price Components in case of Capital Goods/ Machinery and Plant

If TIS/ AITB declares it to be the procurement of Capital Goods/ Machinery & Plant price
components shall be provided Schedule of Requirements – Compliance and Technical
Specifications and Quality Assurance – Compliance.

(a) Compulsory Spares for Two Year’s Maintenance

If so stipulated in TIS/ AITB, the Bidders shall also quote in their financial bids the prices of
spares and their quantities estimated to be required for maintenance of equipment two
years beyond the warrantee period. The total cost of such spares shall be added to the cost
of equipment and incidental works/ services to evaluate financial bids. These spares shall
be supplied along with the main equipment.

(b) Annual Maintenance Contract (AMC)

If so stipulated in TIS/ AITB, the Bidders shall quote post-warranty Annual Maintenance
Contract (AMC) for period as stipulated in TIS / AITB after the expiry of the warranty period.
They should mention the maintenance schedule under the AMC, giving the charges for the

[20] Procuring Organisation

 Procurement of GOODS

AMC maintenance schedule and other details of spares to be used in such preventive
maintenance. The terms & conditions of AMC must specify the maximum down time and
maximum response time. The total of AMC charges for five years (or for period as stipulated
in TIS / AITB) and the cost of spares used in AMC during these years would be included in
the F.O.R. destination price quoted for the equipment for comparative evaluation of offer.
However, Procuring entity shall retain his right to enter or not enter into such an AMC
contract with the successful bidder/ contractor.

(c) Insurance

If so stipulated in TIS/ AITB, the Bidders shall also quote in their financial bids the cost of
Insurance of the consignment of the equipment and spares upto the ultimate consignee. If
not explicitly quoted, it shall be assumed to be included in the process quoted for the
equipment.

(d) Prices of Other Spares usually needed for Maintenance

If so stipulated in TIS/ AITB, the Bidders shall also quote in their financial bids the indicative
prices of crucial spares and their quantities estimated to be required for maintenance of
equipment beyond the above mentioned period. This information is for future spares
ordering, and the prices would not be added to the bid amount. The successful bidder/
contractor shall endeavour to maintain such prices over a reasonable period. The Bidders
who are OEM must give undertaking for supply of spare parts for a period of the expected
life of the machine/equipment. Other tenderers must submit undertakings from their OEM
to supply spare parts for a period of the expected life of the machine/equipment.

(e) Incidental Works/ Services

If so stipulated in TIS/ AITB, the Bidders shall provide the specified incidental works/ services
(e.g., Installation, Commissioning, Training of Operator etc.). The Bidders may quote
separate prices for these. Otherwise, it shall be assumed to be included in the prices of the
main equipment price.

4) The indication of such price components is to compare the Bids and shall not restrict the
Procuring Entity’s right to award the contract on any terms offered.

6.1.4 Price Schedule

1) Bidders shall fill in their rates without keeping it blank.

2) The quoted price shall be considered to include all relevant financial implications, including
inter-alia the scope of the Goods to be supplied, location of the bidder, location of the
consignee(s), terms of delivery, extant rules and regulations relating to taxes, duties, customs,
transportation, environment, labour etc.

6.1.5 Provisions of GST

1) Break up of different price elements, i.e., as per GST Act, shall be indicated separately, along
with its associated HSN code and GST rate.

2) While quoting the basic rate, the bidder should offset the input credit available/ to be availed
as per the GST Act.

Section II: Instructions To Bidders (ITB) [21]

 Tender Document - Tend No./ xxxx

3) Please refer to ITB-clause 6.3 for further details.

6.1.6 Currencies of Bid and Payment

1) Unless otherwise stipulated in the Tender Document, the currency of bid and payment shall
be quoted by Bidder entirely in Indian Rupees. All payments shall be made in Indian Rupees
only.

6.1.7 Non-compliance

Tenders, where prices are quoted in any other way, shall be rejected as nonresponsive.

6.2 Firm/ Variable Price

6.2.1 Firm Price

Unless otherwise stipulated in the AITB, prices quoted by Bidder shall remain firm and fixed during the
currency of the contract and not subject to variation on any account.

6.2.2 Price Variation Clause:

1) In case the Tender Documents require/ permit offers on a variable price basis, the price
quoted by the Bidders shall be subject to adjustment during the original delivery period to
take care of the changes in the input cost of labour, material, and fuel/ power components
under the price variation formula as stipulated in the Tender Document.

2) If a Bidder submits a firm price quotation against the requirement of variable price quotation,
that bid shall be prima-facie acceptable and considered further, taking price variation asked
for by Bidder as nil.

6.3 Goods and Services Tax (GST)

6.3.1 GST Registration Status:

1) All the bidders/ Bidders should ensure that they are GST compliant and their quoted tax
structure/ rates as per GST Act/ Rules. Bidder should be registered under GST and furnish
GSTIN number and GST Registration Certificate in their offer unless they are specifically
exempted from registration under specific notification/ circular/ section/ rule issued by
statutory authorities.

2) GST Registration Number (15-digit GSTIN). If the bidder has multiple business verticals in a
state and has separate registration for each vertical, the GSTIN of each vertical is concerned
with the supply and service involved, as per the scope of Schedule of Requirements and Price
Schedule quoted. If the supply/ service provided is from multiple states, the bidder should
mention GST registration numbers for each state separately.

3) Composition scheme: If the Bidder has opted for a composition levy under Section 10 of CGST,
he should declare the fact while bidding along with GSTIN and GST registration certificate.

4) Exemption from Registration: If a bidder is not liable to take GST registration, i.e., having
turnover below threshold, he shall submit undertaking/ indemnification against tax liability.
Bidder claiming exemption in this respect shall submit a valid certificate from practicing
Chartered Accountant (CA)/ Cost Accountant with Unique Document Identification Number
(UDIN) to the effect that Bidder fulfils all conditions prescribed in notification exempting him
[22] Procuring Organisation
 Procurement of GOODS

from registration. Such bidder/ dealer shall not charge any GST and/ or GST Cess in the bill/
invoice. In such case, applicable GST shall be deposited under Reverse Charge Mechanism
(RCM) or otherwise as per GST Act by the Procuring Entity directly to concerned authorities.
Bidder should note that his offer would be loaded with the payable GST under the RCM.
Further, Bidder should notify and submit to the Procuring Entity within 15 days from the date
of becoming liable to registration under GST.

6.3.2 HSN Code and GST Rate:

1) HSN (Harmonized System of Nomenclature) code if provided in this Tender Document is only
indicative. It shall be the responsibility of Bidder to ensure that they quote the exact HSN Code
and corresponding GST rate for the goods being offered by them.

2) As per the GST Act, the bid and contract must show the GST Tax Rates (and GST Cess if
applicable) and GST Amount explicitly and separate from the bid/ contract price (exclusive of
GST). If the price is stated to be inclusive of GST, the current rate included in the price must
be declared by the bidder.

3) If a Bidder asks for GST (and GST Cess if applicable) to be paid extra, the rate and nature of
such taxes applicable should be shown separately. Bidders should quote 'GST' if payable extra
on the total basic rate of each cost element and quote GST in ‘%' inclusive of cess.

4) If GST, other taxes, duties are not specified, or column is left blank in the price schedule, it
shall be presumed that no such tax/ levy is applicable or payable by the Procuring Entity.

5) Applicability to Imported Goods/ Services: Following the implementation of GST, the import
of commodities shall not be subject to such erstwhile applicable duties like safeguard duty,
education cess, basic customs duty, anti-dumping duty, etc. All these supplementary custom
duties are subsumed under GST. The supply of commodities or services or both, if imported
into India, shall be considered as supply under inter-state commerce/ trade and shall attract
integrated tax (IGST). The IGST rate and GST cess shall be applicable on the ‘Custom Assessable
Value’ plus the ‘Basic Customs duty applicable thereon’.

6) For GeM tenders, price format available in GeM shall be applicable.

6.4 Payments
6.4.1 General

Unless otherwise stipulated, Payment terms laid down in clause in GTC shall be applicable.

6.4.2 No Advance Payments

Unless otherwise stipulated, no advance payment of any type (Mobilization, secured advances etc.),
shall be made by the Procuring Entity to the contractor. If so, provided the conditions for such
advances shall be as per conditions stipulated therefor.

7. Downloading the Tender Document; Corrigenda and Clarifications

7.1 Downloading the Tender Document

Section II: Instructions To Bidders (ITB) [23]

Tender Document - Tend No./ xxxx

The Tender Document shall be published and be available for download as mentioned in TIS. The
Bidders can obtain the Tender Document after the date and time of the start of availability till the
deadline for availability. If the office happens to be closed on the deadline for the availability of the
Tender Document, the deadline shall not be extended.

7.2 Corrigenda/ Addenda to Tender Document

Before the deadline for submitting bids, the Procuring Entity may update, amend, modify, or
supplement the information, assessment or assumptions contained in the Tender Document by
issuing corrigenda and addenda. The corrigenda and addenda shall be published in the same manner
as the original Tender Document. Without any liability or obligation, the Portal may send intimation
of such corrigenda/ addenda to bidders who have downloaded the document under their login.
However, the bidders' responsibility is to check the website(s) for any corrigenda/ addenda. Any
corrigendum or addendum thus issued shall be considered a part of the Tender Document. To give
reasonable time to the prospective bidders to take such corrigendum/ addendum into account in
preparing their bids, the Procuring Entity may suitably extend the deadline for the bid submission,as
necessary. After the procuring entity makes such modifications, any Bidder who has submitted his bid
in response to the original invitation shall have the opportunity to either withdraw his bid or re-submit
his bid superseding the original bid within the extended time of submission as per ITB-clause 10.4.1
below.

7.3 Clarification on the Tender Document

A Bidder may seek clarification of the Tender Document from Office/ Contact Person/ e-procurement
Help Desk as mentioned in TIS, provided the clarifications are raised before the clarification end date
mentioned in TIS (or if not mentioned, within 7 days before the deadline for the bid submission). The
Procuring Entity shall respond within 5 working days of receipt of such a request for clarification. The
query and clarification shall be shared on the portal with all the prospective bidders. Any modification
of the Tender Document that may become necessary due to the clarification shall be made by the
Procuring Entity through an Addendum/ Corrigendum issue under the sub-clause above.

8. Pre-bid Conference
1) If a Pre-bid conference is stipulated in the TIS, prospective bidders interested in participating
in this tender may attend a Pre-bid conference to clarify techno-commercial conditions of the
Tenders at the venue, date and time specified therein. Participation in the Pre-bid conference
is restricted to prospective bidders who have downloaded the Tender Document.

2) Participation is not mandatory. However, if a bidder chooses not to (or fails to) participate in
the Pre-bid conference or does not submit a written query, it shall be assumed that they have
no issues regarding the techno/ commercial conditions.

3) The date and time by which the written queries for the Pre-bid must reach the authority and
the last date for registration for participation in the Pre-bid conference are also mentioned in
the TIS. If the dates are not mentioned, such date and time shall be 3 days before the date
and time of the pre-bid conference.

4) The pre-bid conference may also be held online at the discretion of the Procuring Entity.

5) After the Pre-bid conference, if required, a corrigendum to Tender Document shall be issued,
containing amendments of various provisions of the Tender Document, which shall form part
of the Tender Document. As per ITB-clause 7.2 above, to give reasonable time to the

[24] Procuring Organisation

 Procurement of GOODS

prospective bidders to take such clarifications into account in preparing their bids, the
Procuring Entity may suitably extend, as necessary, the deadline for the bid submission.

9. Preparation of Bids
9.1 The bid
9.1.1 Language of the bid

Unless otherwise stipulated in the AITB, the bid submitted by Bidder and all subsequent
correspondence and documents relating to the bid exchanged between Bidder and the Procuring
Entity shall be written in English. However, the language of any printed literature furnished by Bidder
in connection with its bid may be written in any other language provided a translation accompanies
the same in the bid language. For purposes of interpretation of the bid, translation in the language of
the bid shall prevail.

9.1.2 Acquaintance with Local Conditions and Factors

The Bidder, at his own cost, responsibility, and risk, is encouraged to visit, examine, and familiarize
himself with all the site/ local conditions and factors. The Bidder acknowledges that before the
submission of the bid, he has, after a complete and careful examination, made an independent
evaluation of the Site/ local conditions, the legal, environmental, infrastructure, logistics,
communications and any other conditions or factors of which would have any effect on the price to
be quoted by him or affecting performance/ completion of the contract. Bidders shall themselves be
responsible for compliance with Rules, Regulations, Laws and Acts in force from time to time at
relevant places. On such matters, the Procuring Entity shall have no responsibility and shall not
entertain any request from the bidders in these regards.

9.1.3 Cost of Bidding

The Bidder(s) shall bear all direct or consequential costs, losses and expenditure associated with or
relating to the preparation, submission, and subsequent processing of their Bids, including but not
limited to preparation, copying, postage, delivery fees, expenses associated with any submission of
samples, demonstrations, or presentations which the Procuring Entity may require, or any other costs
incurred in connection with or relating to their Bids. All such costs, losses and expenses shall remain
with the Bidder(s), and the Procuring Entity shall not be liable in any manner whatsoever for the same
or any other costs, losses and expenses incurred by a Bidder(s) for participation in the Tender Process,
regardless of the conduct or outcome of the Tender Process.

9.1.4 Interpretation of Provisions of the Tender Document

The provisions in the Tender Document must be interpreted in the context in which these appear. Any
interpretation of these provisions far removed from such context or other contrived or in between-
the-lines interpretation is unacceptable.

9.1.5 Quote Quantities/ Prices in both Numerals and Words

Bidders are advised to ensure that there is no ambiguity in quotes.

9.1.6 Alternative Bids not Allowed

Section II: Instructions To Bidders (ITB) [25]

Tender Document - Tend No./ xxxx

Conditional offers, alternative offers, multiple bids by a bidder shall not be considered. The Portal shall
permit only one bid to be uploaded by a single bidding entity.

9.2 Documents comprising the bid:

9.2.1 Techno-commercial bid

"Technical Bid" shall include inter-alia the original or scanned copies of duly signed or digitally signed
copies of the following documents in pdf format. Pdf documents should not be password protected.
If so stipulated in TIS/ AITB, specified originals or self-certified copies of originals shall also be required
to be physically submitted as per instruction contained therein. No price details should be given or
hinted at in the Technical bid. If price details are given in the technical bid, such bids shall be summarily
rejected.

1) Form 1: Bid Form

2) Form 2: Bidder Information

3) Form 3: Eligibility Declarations

(a) If applicable, OEM’s Authorization: Unless specifically barred in TIS/ AITB, in case Bidder
offers to supply Goods, which some other firm (OEM) manufactures, Bidder must have
been duly authorized by the OEM to quote for and supply the Goods to the Procuring
Entity in this particular tender specifically. Bidder shall submit OEM’s authorization letter
to this effect as per this.
(b) If applicable, Declaration by Agents/ Associates of Foreign Principals/ OEMs

4) Form 4 - Technical Specifications and Quality Assurance- Compliance.: Bidder shall upload the
required and relevant documents like technical data, literature, drawings, test Reports/
Certificates and or/ or Type Test Certificates (if applicable/ necessary) from NABL/ ILAC/
Government lab (as applicable) with supporting documents, to establish that the goods and
incidental Works/ Services offered in the bid fully conform to the goods and Works/ Services
specified by the Procuring Entity in the Tender Document.

5) Form 5: Qualification Criteria- Compliance. Documentary evidence needed to establish the

Bidder’s qualifications as stipulated in Section VIII: Qualification Criteria. Besides the
stipulated documents, other supporting documents, literature, pamphlets may also be
attached.

6) Form 6 - Terms and Conditions- Compliance. Bidder must comply with the entire commercial
and other clauses of this Tender Document. Any deviations should be listed in a chart form
without ambiguity or conditionality, along with justification and supporting documents. All
such Statements and Documents shall be uploaded. Even in case of no deviation, please fill in
confirmations and nil deviation statements. If mentioned elsewhere in the bid, such deviations
shall not be recognized and null and void.

7) Form 7: Documents relating to Bid Security / EMD : Proof shall be uploaded as per ITB
clause9.4.

8) If stipulated in TIS/ AITB, duly signed Form 8: Integrity Pact.

9) Any other format/ form if stipulated in AITB or if considered relevant by the bidder

9.2.2 Financial bid

[26] Procuring Organisation

 Procurement of GOODS

"Financial bid" shall comprise the Price Schedule (To be submitted separately) considering all
financially relevant details, including Taxes and Duties as per ITB-clause 6.3. No additional technical
details, which have not been brought out in the Technical bid shall be brought out in the Financial bid.

9.3 Bid Validity

1) Unless specified to the contrary in the TIS/ AITB, Bids shall remain valid for a period not less
than 120 days (or as allowed by GeM portal) from the deadline for the bid submission
stipulated in TIS. A bid valid for a shorter period shall be rejected as nonresponsive.

2) In case the day upto which the bids are to remain valid falls on/ subsequently declared a
holiday or closed day for the Procuring Entity, the bid validity shall automatically be deemed
to be extended upto the next working day.

3) In exceptional circumstances, before the expiry of the original time limit, the Procuring Entity
may request the bidders to extend the validity period for a specified additional period. The
request and the bidders' responses shall be made in writing or electronically. A bidder may
agree to or reject the request. A bidder who has agreed to the Procuring Entity's request for
extension of bid validity, in no case, he shall be permitted to modify his bid.

9.4 Bid Security - Related Documents

1) Bid Security in the form of EMD as Form 7: Documents Relating to EMD as Bid Security, shall
be submitted along with its Technical bid. The EMD is required to protect the Procuring Entity
against the risk of the Bidder’s unwarranted conduct as amplified under the sub-clause below.
2) The EMD provides that the bidder may be liable for suspension from being eligible for bidding
in any tender for 1 year from the date of such enforcement. This declaration shall stand
enforced if Bidder breaches the following obligation(s) under the tender conditions:

(a) withdraws or amends his bid or impairs or derogates from the bid in any respect within
the period of validity of its bid; or
(b) after having been notified within the period of bid validity of the acceptance of his bid by
the Procuring Entity:

i) refuses to or fails to submit the original documents for scrutiny or the required
Performance Security within the stipulated time as per the conditions of the Tender
Document.
(i) fails or refuses to sign the contract.

3) Unsuccessful Bidders’ EMD shall expire, if the contract is not awarded to them, upon:

(a) receipt by Bidder of the Procuring Entity’s notification

(i) of cancellation of the entire tender process or rejection of all bids or

(ii) of the name of the successful bidder or

(b) forty-five days after the expiration of the bid validity or any extension thereof

4) The EMD of the successful bidder shall stand expired only when Bidder has furnished the
required Performance Security and signed the Agreement.

5) Please refer clause on Bid Security Declaration in lieu of EMD for bidders exempted from
submission of EMD.
Section II: Instructions To Bidders (ITB) [27]
Tender Document - Tend No./ xxxx

9.5 Non-compliance with these provisions

Bids are liable to be rejected as nonresponsive if a Bidder:

1) fails to provide and/ or comply with the required information, instructions etc., incorporated
in the Tender Document or gives evasive information/ reply against any such stipulations.

2) furnishes wrong and/ or misguiding data, statement(s) etc. In such a situation, besides
rejection of the bid as nonresponsive, it is liable to attract other punitive actions under
relevant provisions of the Tender Document for violation of the Code of Integrity.

10. Signing and Uploading of Bids

10.1 Relationship between Bidder and eProcurement Portal

The Procuring Entity is neither a party nor a principal in the relationship between Bidder and the
organisation hosting the e-procurement portal (hereinafter called the Portal). Bidders must acquaint
and train themselves with the rules, regulations, procedures, and implied conditions/ agreements of
the Portal. Bidders intending to participate in the bid shall be required to register in the Portal. Bidders
shall settle clarifications and disputes, if any, regarding the Portal directly with them. In case of conflict
between provisions of the Portal with the Tender Document, provisions of the Portal shall prevail.
Bidders may study the resources provided by the Portal for Bidders.

10.2 Signing of bid

The individual signing/ digitally signing the bid or any other connected documents should submit an
authenticated copy of the document(s), which authorizes the signatory to commit and submit bids on
behalf of the bidder in Form 2: Bidder Information.

10.3 Submission/ uploading of Bids.

10.3.1 Submission/ Uploading to the Portal

1) No manual Bids shall be made available or accepted for submission. In the case of downloaded
documents, Bidder must not make any changes to the contents of the documents while
uploading, except for filling the required information – otherwise, the bid shall be rejected as
nonresponsive.

2) Bids shall be received only Online on or before the deadline for the bid submission as notified
in TIS.

3) Only one copy of the bid can be uploaded, and Bidder shall digitally sign all statements,
documents, certificates uploaded by him, owning sole and complete responsibility for their
correctness/ authenticity as per the provisions of the IT Act 2000 as amended from time to
time.

4) Bidder need not sign or up-load the Schedules in ITB-clause 1.4 above while uploading his bid
unless otherwise instructed in the Tender Document. It is assumed that Bidder commits itself
to comply with all the Sections and documents uploaded by the Tender Inviting Officer.

5) Bidder must upload scanned copies of originals (or self-attested copies of originals – as
specified). Uploaded Pdf documents should not be password protected. Bidder should ensure
the clarity/ legibility of the scanned documents uploaded by him.
[28] Procuring Organisation
 Procurement of GOODS

6) The Procuring Entity reserves its right to call for verification originals of all such self-certified
documents from the Bidders at any stage of evaluation, especially from the successful
Bidder(s) before the issue of Letter of Award (LoA).

7) The date and time of the deadline for the bid submission shall remain unaltered even if the
specified date is declared a holiday for the Tender Inviting Officer.

8) The date and time of the e-Procurement server clock, which is also displayed on the dashboard
of the bidders, shall be taken as the reference time for deciding the closing time of bid
submission. Bidders are advised to ensure they submit their bid within the deadline and time
of bid submission, taking the server clock as a reference, failing which the portal shall not
accept the Bids. No request on the account that the server clock was not showing the correct
time and that a particular bidder could not submit their bid because of this shall be
entertained. Failure or defects on the internet or heavy traffic at the server shall not be
accepted as a reason for a complaint. The Procuring Entity shall not be responsible for any
failure, malfunction or breakdown of the electronic system used during the e-Tender Process.

9) All Bids uploaded by Bidder to the portal shall get automatically encrypted. The encrypted bid
can only be decrypted/ opened by the authorised persons on or after the due date and time.

10) The Procuring Entity may extend the deadline for bids submission by issuing an amendment
as perITB-clause7.2 above, in which case all rights and obligations of the Procuring Entity and
the bidders previously subject to the original deadline shall then be subject to the new
deadline for the bid submission.

11) Bid submitted through modalities other than those stipulated in TIS shall be liable to be
rejected as nonresponsive.

10.3.2 Implied acceptance of procedures by Bidders

Submission of bid in response to the Tender Document is deemed to be acceptance of the e-

Procurement and tender procedures and conditions of the Tender Document.

10.3.3 Late Bids

The bidder shall not be able to submit his bid after the expiry of the deadline for the bid submission
(as per server time). Therefore, in eProcurement, a situation of Late Tender does not arise.

10.4 Modification, Resubmission and Withdrawal of Bids

10.4.1 Modification & Resubmission

Once submitted in e-Procurement, Bidder cannot view or modify his bid since it is locked by
encryption. However, resubmission of the bid by the bidders for any number of times superseding
earlier bid(s)before the date and time of submission is allowed. Resubmission of a bid shall require
uploading of all documents, including financial bid afresh. The system shall consider only the last bid
submitted.

10.4.2 Withdrawal

1) The bidder may withdraw his bid before the bid submission deadline, and it shall be marked
as withdrawn.

Section II: Instructions To Bidders (ITB) [29]

Tender Document - Tend No./ xxxx

2) No bid should be withdrawn after the deadline for the bid submission and before the expiry
of the bid validity period. If a Bidder withdraws the bid during this period, the Procuring Entity
shall be within its right to enforce EMD forfeiture, in addition to other punitive actions
provided in the Tender Document for such misdemeanor.

11. Bid Opening

The date & time of the opening bid is as stipulated in TIS. Bids cannot be opened before the specified
date & time.

12. Evaluation of Bids and Award of Contract

12.1 General norms

12.1.1 Evaluation based only on declared criteria.

The evaluation shall be based upon scrutiny and examination of all relevant data and details submitted
by Bidder in its/ his bid and other allied information deemed appropriate by Procuring Entity.
Evaluation of bids shall be based only on the criteria/ conditions included in the Tender Document.

12.1.2 Infirmity/ Irregularity/ Non-Conformity/ Deviations - Substantive or Minor

1) An infirmity/ irregularity or non-conformity/ exception/ deviation/ reservation/ omission

from the requirements of the Tender Document shall be considered as a substantive deviation
as per the following norm, and the rest shall be considered as Minor deviation:

(a) which affects in any substantive way the scope, quality, or performance of the product;
(b) which limits in any substantive way, inconsistent with the Tender Document, the
Procuring Entity's rights or the Bidder's obligations under the contract; or
(c) Whose rectification would unfairly affect the competitive position of other Bidders
presenting substantively responsive Bids.

2) The decision of the Procuring Entity shall be final in this regard. Bids with substantive
deviations shall be rejected as nonresponsive.

3) Variations and deviations and other offered benefits(techno-commercial or financial) above

the scope/ quantum of the Goods specified in the Tender Document shall not influence
evaluation Bids. If the bid is otherwise successful, such benefits shall be availed by the
Procuring Entity, and these would become part of the contract.

4) The Procuring Entity reserves the right to accept or reject bids with any minor deviations.
Wherever necessary; the Procuring Entity shall convey its observation as per sub-clause
below, on such ‘minor’ issues to Bidder electronically, asking Bidder to respond by a specified
date. If Bidder does not reply by the specified date or gives an evasive reply without clarifying
the point at issue in clear terms, that bidshall be liable to be rejected as nonresponsive.

12.1.3 Clarification of Bids and shortfall documents

1) During the evaluation of Techno commercial or Financial Bids, the Procuring Entity may, at its
discretion, but without any obligation to do so, ask Bidder to clarify its bid by a specified date.
Bidder should answer the clarification within that specified date (or, if not specified, 2 days
from the date of receipt of such request). The request for clarification shall be submitted
electronically, and no change in prices or substance of the bid shall be sought, offered, or
permitted that may grant any undue advantage to such bidder.

[30] Procuring Organisation

 Procurement of GOODS

2) If discrepancies exist between the uploaded scanned copies and the Originals submitted by
the bidder, the original copy's text, etc., shall prevail. Any substantive discrepancy shall be
construed as a violation of the Code of Integrity, and the bid shall be liable to be rejected as
nonresponsive in addition to other punitive actions under the Tender Document for violation
of the Code of Conduct.

3) The Procuring Entity reserves its right to, but without any obligation to do so, to seek any
shortfall information/ documents only in case of historical documents which pre-existed at
the time of the tender opening, and which have not undergone change since then and does
not grant any undue advantage to any bidder. There is a provision on the portal for requesting
Short-fall documents from the bidders. The system allows taking the shortfall documents from
any bidders only once after the technical bid opening.

12.1.4 Contacting Procuring Entity during the evaluation

From the time of bid submission to awarding the contract, no Bidder shall contact the Procuring Entity
on any matter relating to the submitted bid. If a Bidder needs to contact the Procuring Entity for any
reason relating to this tender and/ or its bid, it should do so only in writing or electronically. Any effort
by a Bidder to influence the Procuring Entity during the processing of bids, evaluation, bid comparison
or award decisions shall be construed as a violation of the Code of Integrity, and bid shall be liable to
be rejected as nonresponsive in addition to other punitive actions for violation of Code of Integrity as
per the Tender Document.

12.2 Evaluation of Bids

12.2.1 Preliminary Examination of Bids - Determining Responsiveness

A substantively responsive bid is complete and conforms to the Tender Document's essential terms,
conditions, and requirements, without substantive deviation, reservation, or infirmity. Only
substantively responsive bids shall be considered for further evaluation. Unless otherwise stipulated
in the AITB, the following are some of the crucial aspects for which a bid shall be liable to be rejected
as nonresponsive:

1) The bid is not in the prescribed format or is not submitted as per the stipulations in the Tender
Document.

2) Required EMD / Bid Security Declaration (Form 7) has not been provided.

3) Bidder is not eligible to participate in the bid as per laid down eligibility criteria;

4) The Goods offered are not eligible as per the provision of this tender.

5) Bidder has quoted Goods manufactured by a different firm without the required authority
letter from the proposed manufacturer.

6) Bidder has quoted conditional bids or more than one bid or alternative bids.

7) The bid validity is shorter than the required period.

8) The bid departs from the essential requirements stipulated in the bidding document;

9) Against a schedule in Section VI: Schedule of Requirement, Bidder has not quoted the entire
Goods as stipulated in that schedule.

Section II: Instructions To Bidders (ITB) [31]

 Tender Document - Tend No./ xxxx

10) Non-submission or submission of illegible scanned copies of stipulated documents/

declarations

12.2.2 The evaluation process in Single/ multiple bid(s) and PQB Tenders

1) Unless otherwise stated, this Tender Process is for multiple (two or more) covers Bids. Initially,
only the techno-commercial bids shall be opened on the stipulated date of opening of bids.
After that, the techno-commercial evaluation shall be done whether these bids meet the
eligibility & qualification criteria and techno-commercial aspects. Subsequent opening of
financial bids and financial evaluation shall be done only of bids declared successful in techno-
commercial evaluation.

2) If it is stipulated that this is the second stage of the two-stage tender Process or pre-qualified
bidding (PQB) after shortlisting qualified bidders in the EoI/ PQB stage, evaluation of responses
from the shortlisted qualified bidders shall follow the same procedure as described above for
multiple bid(s) Tender Process.

3) If the TIS/ AITB stipulate this to be a single bid Tender process, the bids shall be opened on
the stipulated date of opening of bids. After that, evaluation of eligibility/ qualification of
bidders, the techno-commercial, and the financial aspects shall be done simultaneously. There
shall be no interim/ separate declaration of results of the techno-commercial evaluation.

12.3 Techno-commercial Evaluation

Only substantively responsive bids shall be evaluated for techno-commercial evaluation. In evaluating
the techno-commercial bid, conformity to the eligibility/ qualification criteria, technical specifications,
and Quality Assurance; and commercial conditions of the offered Goods to those in the Tender
Document is ascertained. Additional factors incorporated in the Tender Document shall also be
considered in the manner indicated therein. Bids with substantive techno-commercial deviations shall
be rejected as nonresponsive. Procuring entity reserves its right to consider and allow minor
deviations in technical and Commercial Conditions as per ITB-clause 12.1.2.

12.3.1 Evaluation of eligibility

Procuring Entity shall determine, to its satisfaction, whether the Bidders are eligible as per ITB-clause
3.2 and NIT-clause 3 above to participate in the Tender Process as per submission in Form 3: Eligibility
Declarations. Tenders that do not meet the required eligibility criteria prescribed shall be rejected as
nonresponsive.

12.3.2 Evaluation of Qualification Criteria

Procuring Entity shall determine, to its satisfaction, whether the Bidders are qualified and capable in
all respects to perform the contract satisfactorily (subject to dispensation, if any, for Start-ups as per
ITB-Clause 4.3 above)as per submission in Form 5. This determination shall, inter-alia, consider the
Bidder’s financial, technical and production or other prescribed capabilities for satisfying
requirements incorporated in the Tender Document. The determination shall not consider the
qualifications of other firms other than bidding entities as permitted in the bidding document, or any
other firm(s) different from the Bidder.

12.3.3 Evaluation of Conformity to Schedule of Requirements and Technical Specifications/

Quality Assurance

The Procuring Entity shall examine the Performance Standards and Quality Assurance.

[32] Procuring Organisation

 Procurement of GOODS

12.3.4 Evaluation of Conformity to Commercial and Other Clauses

Bidder must comply with all the Commercial and other clauses of the Tender Document as per
submissions in Form 6. The Procuring Entity shall also evaluate the commercial conditions quoted by
Bidder to confirm that all terms and conditions stipulated in the Tender Document have been accepted
without substantive omissions/ reservations/ exception/ deviation by the Bidder. Deviations from or
objections or reservations to critical provisions such as those concerning Governing laws and
Jurisdiction, Contractor’s Obligations and Restrictions of its Rights, Performance Bond/ Security,
Warranty/ Guarantee, Force Majeure, Taxes & Duties and Code of Integrity will be deemed to be a
material deviation.

12.3.5 Declaration of Techno-commercially Suitable Bidders and Opening of Financial Bids

Bids that succeed in the above techno-commercial evaluation shall be considered techno-
commercially suitable, and financial evaluation shall be done only of such Bids. The list of such techno-
commercially suitable bidders and a date/time and venue for the opening of their financial bids shall
be declared on the Portal and individually to all participant bidders in accordance with ITB-clause
12.2.2 as per the type of Tender Processes.

12.4 Evaluation of Financial Bids and Ranking of Bids

12.4.1 Ranking of Financial Bids

1) Unless otherwise stipulated, evaluation of the financial bids shall be on the price criteria only.
Financial Bids of all Techno-commercially suitable bids are evaluated and ranked to determine
the lowest priced bidder.

2) Unless otherwise stipulated, the comparison of the responsive Bids shall be on total outgo
from the Procuring Entity’s pocket, to be paid to the contractor or any third party, including
all elements of costs as per the terms of the proposed contract, on FOR/ FOT destination basis,
duly delivered, commissioned, etc. as the case may be, including any taxes, duties, levies etc.,
freight, transit Insurance, loading/ unloading/ stacking, insurance etc.

3) Unless otherwise stipulated, if the Schedule of Requirements contains more than one
schedule, the financial ranking of bids shall be done based on all schedules put together. The
bid for a schedule shall not be considered if the complete requirements prescribed in that
schedule are not included in the bid;

4) If any bidder offers conditional discounts/ rebates in his bid or suo motu discounts and rebates
after the tender opening (techno-commercial or financial), such rebates/ discounts shall not
be considered for ranking the offer. But if such a bidder does become L-1 without discounts/
rebates, such discounts/ rebates shall be availed and incorporated in the contracts;

5) Unless announced beforehand, the quoted price shall not be loaded based on deviations in
the techno-commercial conditions. If it is so declared, such loading of the financial bid shall
be done as per the relevant provisions;

6) As per policies of the Government, from time to time, the Procuring Entity reserves its option
to give purchase preferences to eligible categories of Bidders as indicated in the Tender
Document.

Section II: Instructions To Bidders (ITB) [33]

Tender Document - Tend No./ xxxx

7) evaluation of Bids shall include and consider the following taxes/ duties, as per ITB-clause 6.3
above:

(a) in the case of Goods manufactured in India or Goods of foreign origin already located in
India, GST & other similar duties, which shall be contractually payable, on the Goods if a
contract is awarded on the bidder;
(b) The offers shall be evaluated based on the GST rate quoted by each bidder, and the same
shall be used for determining the inter-se ranking. The Procuring Entity shall not be
responsible for any misclassification of HSN Number or incorrect GST rate if quoted by
the bidder. Any increase in GST rate due to misclassification of HSN number shall have to
be absorbed by the supplier; and
(c) If GST is quoted extra, but with the provision that it shall be charged as applicable at the
time of delivery, the offer shall be evaluated for comparison purposes by loading the
maximum existing rate of GST for the product/ HSN code.

8) Price Variation: If the tenders have been invited on a variable price basis, the tenders shall be
evaluated, compared, and ranked based on the position as prevailing on the last deadline for
techno-commercial bid submission and not on any future date.

9) Ambiguous Financial bid: If the financial bid is ambiguous and leads to two equally valid total
price amounts, it shall be rejected as nonresponsive.

12.4.2 Global Tender Enquiry (GTE, International Competitive Bidding)

If stipulated in the TIS/ AITB that this is a Global Tender Enquiry (International Competitive Bidding),
the following additional aspects of the evaluation of the financial offer shall also apply:

1) Currency of Tender

In GTE tenders, if permitted in AITB, the bid pricemaybe in foreign currencies, except for
expenditure incurred in India (including incidental Works/ Services rendered in India and
agency commission, if any) which should be stated in Indian Rupees.

2) Evaluation of Offers

(a) For financial evaluation, all Bids shall be converted to Indian Rupees based on the “Bill for
Collection (BC) selling” exchange rate on the last deadline for the bid submission (Techno-
commercial offer) from a source as specified (State Bank of India, if not so specified) in
the Tender Documents. The offers would be compared based on the principle of the total
outgo from Procuring Entity’s pockets,including all applicable taxes and duties (Customs
duty, IGST, and GST Cess). For bids with Letter of Credit (LC) payment, the likely LC charges
(as ascertained from the Procuring Entity’s bankers) should also be loaded.Import of
Goods or services or both attracts integrated tax (IGST). The IGST rate and GST cess shall
be applicable on the ‘Custom Assessable Value’ plus the ‘Basic Customs duty applicable
thereon’.
(b) The bidders are to quote prices based on FOB, FAS, CIF, or DDP basis as stipulated in the
Tender Document. The terms FOB, FAS, CIF, DDP etc., shall be governed by the rules &
regulations prescribed in the current edition of INCOTERMS, published by the
International Chamber of Commerce, Paris.
(c) If there are no domestic bidders, a comparison of foreign offers can be made based on
CIF/ DDP/ landed costs since the rest would be the same for all bidders, provided the port
of entry is the same for all bidders.
[34] Procuring Organisation
 Procurement of GOODS

(d) Unless otherwise stipulated, foreign bidders shall indicate the break-up of prices for
freight, insurance,customs duty, port handling charges, clearing agency charges, related
ITC(HS) code, IGST/ GST cess,related HSN code, as relevant to quoted price basis.
(e) If both Indian and foreign bidders have quoted in the tender, the comparison of the offers
would be done based on FOR/ FOT destination, including all applicable taxes and duties
(on the principle of the total outgo from Procuring Entity’s pockets). In the case of FAS/
FOB offers, the freight and insurance shall be (after ascertaining, if not quoted) added to
buildup the CIF cost. For arriving at the DDP cost, notional one percent shall be added
over and above CIF price as port handling charges and adding thereon customs duty and
clearing agency charges. To bring DDPcost to FOR/ FOT destination cost,GST, GST Cess,
as applicable on the date of opening of the tender, and inland freight would be added.
The FOR/ FOT destination price for domestic offers may be calculated as in indigenous
tenders.

12.4.3 Evaluation Process in Tender cum e-Reverse Auction

If it is specified in TIS/ AITB that this is a Tender cum e-Reverse Auction Tender Process then, the e-
Reverse Auction process shall be mandatorily conducted on the same portal after the financial bid
opening (declaration of L-1 landed price/ s), provided the number of valid bidders is not less than the
stipulated number.

Annexure -3: Process of Reverse Auction attached. For GeM tenders, GeM GPC / GCC shall be
applicable.

Purchase Preference

Short-listed bidders, eligible for any purchase preference policy as per the Tender Document,
shall get an opportunity to match the L-1 prices concluded after the reverse auction if their
final prices in Reverse Auction fall within the permitted percentage.

12.4.4 Cartel Formation/ Pool Rates

1) Unless the Procuring Entity decides this to be a case of Cartel/ Pool Rates, if more than one
bidder quote the same total evaluated price, then the Procuring Entity reserves its right to
distribute unequal quantities among the bidders - excluding one or more bidders, based on
considerations like performance/ financial capabilities, the distance of destination godowns
from the location of the factories, production capacities, any extra features/ benefits offered
etc.

2) If Procuring Entity decides this to be a case of Cartel/ Pool Rates, leading to “Appreciable
Adverse Effect on Competition” (AAEC) as identified in Competition Act, 2002, as amended
from time to time, it reserves its rights to:

(a) order any quantity on any one or more bidders without assigning any reason thereof.
And/ or
(b) consider it as a violation of the Code of Integrity and reject the bid(s) as nonresponsive in
addition to other punitive actions provided in this regard in the Tender Document. In
addition to such remedies, the Procuring Entity also reserves the right to refer the matter
to the Competition Commission of India (CCI) for obtaining necessary relief. In addition,
Section II: Instructions To Bidders (ITB) [35]
Tender Document - Tend No./ xxxx

the attention of the bidders is drawn to Chapter VI of the “The Competition Act 2002”,
which deals with Penalties. Such actions shall be in addition to other rights and remedies
available to the Procuring Entity under the contract and Law.

12.4.5 Reasonableness of Rates Received

Procuring Entity shall evaluate whether the rates received in the Bids in the zone of consideration are
reasonable. If the rates received are considered abnormally low or unreasonably high, it reserves its
right to take action as per the following sub-clauses, or as per ITB-clause 2.3, reject any or all Bids;
abandon/ cancel the Tender process and issue another tender for the identical or similar Goods.

12.4.6 Consideration of Abnormally Low Bids

An Abnormally Low bid is one in which the bid price, in combination with other elements of the bid,
appears so low that it raises substantive concerns as to the Bidder's capability to perform the contract
at the offered price. Procuring Entity shall in such cases seek written clarifications from the Bidder,
including detailed price analyses of its bid price concerning scope, schedule, allocation of risks and
responsibilities, and any other requirements of the Tender Document.

12.4.7 Price Negotiation

Usually, there shall be no price negotiations. However, the Procuring Entity reserves its right to
negotiate with the lowest acceptable bidder (L-1), who is techno-commercially suitable for supplying
bulk quantity and on whom the contract would have been placed but for the decision to negotiate.
This right shall also apply to post e-Reverse Auction process.

13. Award of Contract

13.1 The Procuring Entity's Rights

13.1.1 Right to Vary Quantities at the Time of Award

At the time of contract award,the Procuring Entity reserves the right to increase or decrease,without
any change in the unit prices or other terms and conditions of the bid and the Tender Document, the
quantity of Goods originally stipulated in Section VI: Schedule of Requirements, provided this
increase/ decrease does not exceed 25 (twenty-five) percent of tendered quantity (or any other
percentage indicated in the Tender Document).

13.1.2 Parallel Contracts or Splitting of Award

The Procuring Entity reserves its right to split the quantities and conclude Parallel contracts with more
than one bidder (for the same tender) in the following circumstances:

1) Unless otherwise stipulated in TIS/ AITB, there shall be no parallel orders or splitting quantities
among more than one Bidders.

2) However, if the Tender Document stipulates such parallel contracts due to the critical/
strategic/ specific nature of the supplies/ Goods, the manner of deciding relative share of the
lowest bidder (L-1) and the rest shall be clearly defined, along with the minimum number of
Bidders sought (subject to availability of suitable bids meeting the requirements)for the
contract. Procuring Entity reserves its right to marginally vary quantities to suit capacity/ past
performance of the bidder/ unit loads of packing or transportation/ relative ranking of the
bids/ delivery period offered/ existing load of Bidder and other similar factors affecting
smooth supplies as per requirements.

[36] Procuring Organisation

 Procurement of GOODS

13.1.3 Additional Conditions for Rate Contracts

If stipulated expressly in the TIS/ AITB that this is a Tender Process to enter into “Rate Contract(s)” for
the supply of Goods, then the additional conditions stipulated for Rate Contracts shall be applicable.

In case of “Rate Contracts”, the quantities mentioned in the tender in Section- I (N.I.T.) and Section-VI
(Schedule of Requirements) are indicative without any commitment on a rate-contract basis.

13.2 Letter of Award (Acceptance - LoA) and Signing of Contract

13.2.1 Selection of Successful Bidder(s)

The Procuring Entity shall award the contract to the Bidder(s) whose bid(s) is Techno-commercially
suitable and bid price(s) is lowest and reasonable, as per evaluation criteria detailed in the Tender
Document.

13.2.2 Verification of Original Documents

Before issuing a Letter of Award (LoA) to the successful Bidder(s), the Procuring Entity may, at its
discretion, ask Bidder to submit online for verification the originals of all such documents whose
scanned copies were submitted online along with the Technical bid. If so decided, the photocopies of
such self-certified documents shall be verified and signed by the competent officer and kept in the
records as part of the contract agreement. If the Bidder fails to provide such originals or in case of
substantive discrepancies in such documents, it shall be construed as a violation of the Code of
Integrity. Such bids shall be liable to be rejected as nonresponsive in addition to other punitive actions.

13.2.3 Letter of Award (LoA)

1) The Bidder, whose bid has been accepted and documents verified (at the discretion of
Procuring Entity), shall be notified of the award by the Procuring Entity before the expiration
of the Bid-Validity period by written or electronic means. This notification (hereinafter and in
the Conditions of Contract called the "Letter of Award - LoA") shall state the sum (hereinafter
and in the contract called the "Contract Price") that the Procuring Entity shall pay the
contractor in consideration of the supply of the Goods. The Letter of Award (LoA) shall
constitute the legal formation of the contract, subject only to the furnishing of performance
security as per the provisions of the sub-clause below. The Procuring Entity, at its discretion,
may directly issue the contract subject only to the furnishing of performance security, skipping
the issue of LoA.

2) It shall be mandatory for the successful bidder to be registered on GeM and obtain a unique
GeM Seller ID before the placement of LoA or the contract. This ID shall be incorporated in
the contract.

13.2.4 Performance Security

1) Within 14 days (or any other period stipulated in GCC / GTC / TIS or AITB) of receipt of the
Letter of Award (LoA, or the contract if LoA has been skipped), performance Security as per
details in GCC / GTC shall be submitted by the contractor to the Procuring Entity.

2) If the contractor, having been called upon by the Procuring Entity to furnish Performance
Security, fails to do so within the specified period, it shall be lawful for the Procuring Entity at
its discretion to annul the award and enforce forfeiture of EMD / Bid Securing Declaration (in

Section II: Instructions To Bidders (ITB) [37]

Tender Document - Tend No./ xxxx

lieu of forfeiture of the Bid Security), besides taking any other administrative punitive action
like ‘Removal from List of Registered Suppliers’ etc.

13.2.5 Signing of Contract

1) If so asked by the Procuring Entity, the successful Bidder shall return the original copy of the
contract, duly signed and dated, within seven days from the date of receipt of the contract, to
the Procuring Entity by registered/ speed post or by a suitable digital means.

2) Otherwise, the contract shall be taken to be legally effective from the date of its signing /
issuance of LOA / PO whichever is earlier. The Contractor may point out to the Procuring
Entity, in writing/ electronically, any anomalies noticed in the contract within seven days of
its receipt.

13.2.6 Expiry of bid Declaring Declarations

Upon the furnishing by the successful Bidder of the Performance Security, the Procuring Entity shall
promptly notify the other Bidders that their Bids have been unsuccessful. The EMD / Bid Securing
Declarations of unsuccessful bidders shall expire on receipt of this notification by them, in terms of
ITB-clause 9.4 above. The EMD / Bid-Securing Declaration of the successful bidder shall expire when
Bidder has furnished the required Performance Security and signed the Agreement.

13.2.7 Publication of Tender Result

The details of the successful Bidder(s) receiving the contract(s) shall be published in the Portal and
notice board/ bulletin/website of the Procuring Entity.

14. Grievance Redressal/ Complaint Procedure

1) Bidder has the right to submit a complaint or seek de-briefing regarding the rejection of his
bid, in writing or electronically, within 7 days of declaration of techno-commercial or financial
evaluation results. The complaint shall be addressed to the Head of Procurement.

2) Within 2 working days of receipt of the complaint, the Tender Inviting Officer shall
acknowledge the receipt in writing to the complainant indicating that it has been received,
and the response shall be sent in due course after a detailed examination.

3) The Tender Inviting Officer shall convey the final decision to the complainant within 15 days
of receiving the complaint. No response shall be given regarding the confidential process of
evaluating bids and awarding the contract before the award is notified, although the
complaint shall be kept in view during such a process. However, no response shall be given
regarding the following topics explicitly excluded from such complaint process:

(a) Only a bidder who has participated in the concerned Tender Process, i.e., pre-
qualification, bidder registration or bidding, as the case may be, can make such
representation.
(b) Only a directly affected bidder can represent in this regard.

(i) In case of pre-qualification bid has been evaluated before the bidding of Technical/
financial bids, an application for review concerning the technical/ financial bid may be
filed only by a bidder who has qualified in pre-qualification bid;

[38] Procuring Organisation

 Procurement of GOODS

(ii) In case a technical bid has been evaluated before the opening of the financial bid, an
application for review concerning the financial bid may be filed only by a bidder whose
technical bid is found to be acceptable.

(c) Following decisions of the Procuring Entity shall not be subject to review:

(i) Determination of the need for procurement.

(ii) Complaints against specifications except under the premise that they are either
vague or too specific to limit competition
(iii) Selection of the mode of procurement or bidding system;
(iv) Choice of the selection procedure.
(v) Provisions limiting the participation of bidders in the Tender Process, in terms of
policies of the Government
(vi) Provisions regarding purchase preferences to specific categories of bidders in terms
of policies of the Government
(vii) The decision to enter into negotiations with the L-1 bidder; and
(viii) Cancellation of the Tender Process except where it is intended to subsequently re-
tender the same Goods.

Annexure –4 : Process of Grievance Redressal Mechanism attached.

15. Code of Integrity in Public Procurement, Misdemeanours and Penalties:

Procuring authorities, bidders, suppliers, contractors, and consultants should observe the highest
standard of integrity and not indulge in prohibited practices or other misdemeanours, either directly
or indirectly, at any stage during the Tender Process or during the execution of resultant contracts.
GTC-clause (including the penalties prescribed therein) and Integrity Pact shall be considered to be
part of this clause of ITB and shall apply mutadis mutandis during the pre-award tender process.

16. Usage of TReDS Platform by MSME Vendors:

The Government has introduced Trade Receivable e-Discounting System (TReDS) which is a platform
approved by the Reserve Bank of India specially for Micro, Small and Medium Enterprises (MSMEs) to
ease and facilitate constraints faced by them in obtaining adequate working capital finance,
particularly in terms of their ability to convert their trade receivables into liquid funds.

To facilitate the same, HPCL has been registered as Buyer with all three RBI recognized TReDS platform
provider as below:

1. Invoice Mart (A.TREDS Ltd)

2. M1 Exchange (Mynd Solutions)
3. RXIL (Receivables Exchange of India Ltd)

All MSME vendors with UDYAM REGISTRATION CERTIFICATE must mandatorily get themselves
registered with any one or all of the aforesaid TReDS platforms to avail benefit of TReDS bill
discounting facility. HPCL has also enabled TReDS discounting option in its Vendor Self Service Portal
(VSS Portal) for ease of process during payments post PO placement.

Section II: Instructions To Bidders (ITB) [39]

 Tender Document - Tend No./ xxxx

17. Planning and Designing in purview of Vulnerability Atlas of India:

Vulnerability Atlas of India (VAI) is a comprehensive document which provides existing hazard scenario
for the entire country and presents the digitized State/UT - wise hazard,

maps with respect to earthquakes, winds and floods for district-wise identification of vulnerable areas.
It also includes additional digitized maps for thunderstorms, cyclones and landslides. The main
purpose of this Atlas is its use for disaster preparedness and mitigation at policy planning and project
formulation stage.

This Atlas is one of its kind single point source for the various stakeholders including policy makers,
administrators, municipal commissioners, urban managers, engineers, architects, planners, public etc.
to ascertain proneness of any city/location/site to multi-hazard which includes earthquakes, winds,
floods thunderstorms, cyclones and landslides. While project formulation, approvals and
implementation of various urban housing, buildings and infrastructures schemes, this Atlas provides
necessary information for risk analysis and hazard assessment.

The Vulnerability Atlas of India has been prepared by Building Materials and Technology Promotion
Council under Ministry of Housing and Urban Affairs, Government of India and available at their
website www.bmtpc.org.

It is mandatory for the bidders to refer Vulnerability Atlas of India for multi-hazard risk assessment
and include the relevant hazard proneness specific to project location while planning and designing
the project in terms of:

i. Seismic zone (II to V) for earthquakes,

ii. Wind velocity (Basic Wind Velocity: 55, 50, 47, 44, 39 & 33 m/s)

iii. Area liable to floods and Probable max. surge height

iv. Thunderstorms history

v. Number of cyclonic storms / severe cyclonic storms and max sustained wind specific to
coastal region

vi. Landslides incidences with Annual rainfall normal

vii. District wise Probable Max. Precipitation

[40] Procuring Organisation

 Procurement of GOODS

Section III: Appendix to Instructions to Bidders (AITB)

Note for Bidders: Following clauses (in column 1), wherever these appear in ITB shall be taken to be
negated or additional provision be added to, or existing provisions be altered as per column 2.
Whenever there is any conflict between the provision in the ITB and that in the AITB, the provision
contained in the AITB shall prevail.
Column 1 Column 2

ITB clauses To be read as

ITB 3, 4 Bidders - Eligibility and Preferential Policies

ITB 3.2 As per tender document

ITB 4.1 • As per tender documeStart-ups are excluded from participating in

this bid.

ITB 4.3.2 No additional preference or relaxation to startups is not applicable for this
tender.

ITB 5 to 6 Schedule of Requirements, Bid Prices, Taxes and Duties

ITB 5.2 As per tender document

ITB 6.1.3 As per tender document

ITB 6.1.6 As per tender document

ITB 6.2 As per tender document

ITB 9to 10 Downloading, Preparation, Submission and Opening of Bids

ITB 9.1.1 As per tender document

ITB 9.1.6 Alternate Bids are not permissible

ITB 12 Evaluation of Bids and Award of Contract

ITB 12.2.1 As per tender document

ITB 12.2.2 Two cover

ITB 12.3.1, As per tender document

12.3.2
ITB 12.4.1-1) As per tender document

ITB 12.4.1-2) As per tender document

ITB 12.4.2 DOMESTIC TENDER

ITB 12.4.3 REVERSE AUCTION NOT APPLICABLE FOR THIS TENDER

ITB 13.1.1 As per tender document

ITB 13.1.2 As per tender document

ITB 13.1.3 This is not a rate contract

Section III: Annexure To Instructions To Bidders (AITB) [41]

Tender Document - Tend No./ xxxx

ITB 13.2.4 As per tender document

[42] Procuring Organisation

 Procurement of GOODS

Section IV:General Conditions of Contract(GCC) / General Terms and Conditions (GTC)

Attached separately

FOR GEM TENDERS, PLEASE REFER GEM GTC AVAILABLE UNDER GEM PORTAL

Section IV: General Conditions of Contract (GCC) [43]

Tender Document - Tend No./ xxxx

Section V: Special Conditions of Contract (SCC)

Note for Bidders: Following Special Conditions of Contract (SCC) shall apply for this procurement. These
Special Conditions shall modify/ substitute/ supplement the corresponding (GTC / GCC) clauses as
indicated below. Whenever there is any conflict between the provision in the GCC/ GTC and that in the
SCC, the provision contained in the SCC shall prevail.

DELIVERY PERIOD:

Supply of materials across locations, installation, testing and commissioning within 3

(THREE) MONTHS from date of LOA/PO

TERMS OF PAYMENT:

a. The following payment terms shall be applicable :

i. 60% of the quoted rates shall be paid on receipt of the material at site based on the
certification of HPCL/PMC along with submission of the following documents.

ii. 30% shall be paid after installation and commissioning of the system.

iii. Balance 10% shall be held as retention.

b. Payment against invoice shall be made on receipt of equipment/materials at site

against submission of following documents along with your Bill/Invoice: -

i. Delivery Challan / Lorry Receipt.

ii. Manufacturer’s Test Certificate
iii. Inspection/Clearance report
iv. Manufacturer’s Guarantee Certificate
v. Performance Bank Guarantee for 5% Basic Order Value
vi. Any other document specified in the Purchase Order.

c. The final settlement of Vendor’s invoice is liable to be withheld in the event the
Vendor has not complied with submission of such documentation as called for in the Purchase
Order and/or as required otherwise.

PERFORMANCE GUARANTEE :
The supplies made against this order shall be fully guaranteed against any manufacturing
defects/poor workmanship/inferior quality etc. for a period of 12 months from the date of
commissioning / 18 months from the date of supply whichever is earlier.

Guarantee / Warranty Certificate for supplies should be submitted along with dispatch
documents. Vendor/contractor shall furnish Performance Bank Guarantee of 5 % in favour
of HPCL valid during the above guarantee period / Defect Liability Period.

SECURITY DEPOSIT:

The bidder, with whom the contract is decided to be entered into and intimation is so given
will have to furnish a security deposit of two percent (2%) of the total contract value in the
[44] Procuring Organisation
 Procurement of GOODS

form of e- payment/Bank Guarantee in favour of Hindustan Petroleum Corp Ltd, within 15

days from the date of intimation of acceptance of their tender.

Security deposit shall be refunded upon completion of the works in all respects. The same
shall not carry any interest.

Composite BG (CPBG) inclusive of Performance Guarantee and Security Deposit, at 5 % shall

be accepted; such CPBG shall be valid upto a period of 3 months beyond the expiry of
warranty / defect liability period.

EARNEST MONEY DEPOSIT / BID SECURITY :

EMD is applicable. Please refer attached Annexure 2 and Form 7.

LIQUIDATED DAMAGES:

A sum equivalent to 0.5 percent of the value of undelivered quantity for every week or part
thereof of the delay, subject to a maximum of 5 percent of the value of undelivered quantity
shall constitute the agreed Liquidated Damages.

GENERAL:

Material is to be delivered at the locations specified. Supplier should conform to prescribed

standards and fully meet the technical specifications as detailed in the tender. HPCL
reserves the right to check the credentials of the vendors. HPCL reserves the right to accept
or reject any or all offers in full or part thereof at any point of time without assigning any
reason whatsoever. Tender documents are non - transferable.

OTHER CLAUSES :

Section V: Special Conditions of Contract (SCC) [45]

Tender Document - Tend No./ xxxx

1. Special conditions of contract shall be read in conjunction with the General

Conditions of Contract, Scope of work, job description and specification of work,
drawing and any other documents forming part of contract wherever context
requires.

2. Notwithstanding the subdivision of the document into these separate sections,

every part of each shall be deemed to be supplementary of every other part and
shall be read with and into the contract so far as it may be practicable to do so.

3. Wherever any portion of the General Conditions of Contract is repugnant to or at

variance with any provisions of the Special Conditions of Contract, then unless
different intention appear, the provisions of the Special Conditions of Contract shall
be deemed to override the provision of General Conditions of Contract only to the
extent that such repugnancy or variance cannot be reconciled with the tender
conditions of the contract and shall be to the extent of such repugnancy of
variances, it is understood that the provisions of General Conditions of Contract
shall otherwise prevail.

4. Wherever it is stated anywhere in this tender document that such and such a supply
is to be made or/and such and such work is to be carried out, it shall be understood
that the same shall be done by the contractor at his own cost, unless a different
intention is specifically and expressly stated herein or otherwise explicit from the
contract.

5. The items given under the section Schedule of Rates shall be read in conjunction
with Project description, Scope of Work, Special Conditions of Contract and General
Conditions of Contract. Where the job specifications stipulate requirements in
addition to those contained in the standard codes and specifications, these
additional requirements shall also be satisfied. In the absence of any Standard /
Specifications / Codes of practice for detailed specifications covering any part of
the work covered in this bidding document, the instructions / directions of HPCL
will be binding upon the CONTRACTOR

6. In case of contradiction between relevant International / Indian standards, GTC,

Special Conditions of Contract, Specifications, Drawings and Schedule of Rates, the
following shall prevail in order of precedence.

a) Detailed Purchase Order along with Statement of Agreed Variations, if any, and
its enclosures.

b) Schedule of Rates with Quantities.

c) Fax of Intent (FOI)/ Letter of Intent (LOI)

[46] Procuring Organisation

 Procurement of GOODS

d) Scope of Work

e) Technical Specifications

f) Drawings

g) Special Conditions of Contract

h) General Conditions of Contract

i) Instructions to Bidders

j) Relevant Indian / International Standards/ Specifications.

7. Temporary Works. All temporary and ancillary works including enabling works
connected with the Work shall be the responsibility of the Contractor and the price
quoted by them for Work shall be deemed to have included the cost of such works.

8. Tools/Tackles, Equipment & Resources. The Contractor shall without prejudice

to his overall responsibility to execute and complete the work as per Specifications
and time schedule, deploy adequate equipment and tools & tackles including those
mentioned in his bid and augment the same as decided by Engineer-in-Charge
depending on the exigencies of the work to suit the schedule.

9. Site Clearance. On the completion of works, the Contractor shall clear away and
remove from the site all temporary works, tools, accessories, equipment, surplus
materials, which he had provided and leave the whole of the site and works clean
and in a workman like and safe condition. If the Contractor fails to remove all such
material, any cost incurred by the corporation to get them removed shall be
covered from the contractor.

10. Confidentiality of the Data

10.1 The Bid Document and addenda thereto, together with any other
communications, are issued for requesting Bids only. They remain the property of
HPCL and shall be returned to HPCL on request. The Bidder shall not disclose any
information contained in the Bid document or otherwise supplied with this Bid
Document to any third party, except for the purpose of preparing its Bid, and shall
require any such third party to treat such information as confidential. In the event
that such confidentiality is breached, without prejudice to any other rights of HPCL,
the Bid may be rejected

10.2 The successful Bidder by acceptance of the Fax of Intent upon award by HPCL,
is deemed to have accepted that the total work carried under this contract and the

Section V: Special Conditions of Contract (SCC) [47]

Tender Document - Tend No./ xxxx

data generated shall be provided to HPCL, Competent Authority or other

authorities as authorized under the Contract and the information shall not be
disclosed to any other third party. They will be liable for damages for any deliberate
breach in this regard.

10.3 HPCL reserves the right for not executing any or all the SOR items without any
extra financial liability on HPCL.

11 Quality Assurance

11.1 Detailed quality assurance program to be followed for the execution of

Contract under various divisions of works will be mutually discussed and agreed to.
The CONTRACTOR shall establish, document and maintain an effective quality
assurance system as outlined in the specifications and various codes and standards.

11.2 Quality Assurance System plans / procedures of the CONTRACTOR shall be

11.3 furnished in the form of a QA manual. This document should cover details of
the personnel responsible for the quality assurance, plans or procedures to be followed
for quality.

11.4 The HPCL or their representative shall reserve the right to inspect/witness,
review any or all stages of work at shop/site as deemed necessary for quality assurance
and / or timely completion of the work.

12 Audits of Contract:

The project is subject to inspection by various audit/vigilance agencies of

Government of India/Hindustan Petroleum Corporation Ltd. If any inspection of works
is carried by such agencies, CONTRACTOR shall extend his full cooperation to these
agencies in examining records, works etc. On inspection by such agencies, if it is
pointed out that CONTRACTOR has not carried out work according to guidelines laid
down in the tender document, immediate rectifications shall be taken up at no extra
cost; and also, if any recoveries against some items are pointed out therein, the same
shall be recovered from CONTRACTOR’s RA bills/final bill. The items under dispute shall
not be paid in full till the job is completed to satisfaction of the inspection agency.

13 Guarantees

[48] Procuring Organisation

 Procurement of GOODS

13.1.1 CONTRACTOR shall guarantee for the period as mentioned elsewhere in the
TENDER document against defective performance of all equipment / instruments /
mechanical / electrical parts under CONTRACTOR’s scope of supply. Any defects
found in either materials or workmanship shall be rectified / replaced by the
CONTRACTOR at his own expense within the time specified by the HPCe
CONTRACTOR shall guarantee the performance of the foundations & related works
to meet the specifications when tested in accordance codes / specification /
Exhibits of Technical Documents of this TENDER.

13.1.2 Contractor to guarantee the performance of the work executed by them on sound
and established engineering practice, using standards codes and regulations as
applicable for the purpose specified free from defects and suitable for respective
uses intended.

14 Responsibility of CONTRACTOR

14.1.1 It shall be the responsibility of the CONTRACTOR to obtain the approval for any
revision and/or modifications decided by the CONTRACTOR from HPCL Authorities
before implementation. Also such revisions and / or modifications if accepted /
approved by the HPCL shall be carried out at no extra cost to the HPCL. Any change
required during functional requirements or for efficient running of system, keeping
the basic parameters unchanged and which has not been indicated by the
CONTRACTOR in the data / drawings furnished along with the offer shall be carried
out by the CONTRACTOR at no extra cost to the HPCL.

14.1.2 All expenses towards mobilization at site and demobilization including bringing in
equipment, work force, materials, dismantling the equipment, clearing the site etc.
shall be deemed to be included in the prices quoted and no separate payments on
account of such expenses shall be entertained. It shall be noted that the quoted
rates are deemed to include mobilization of workforce equipment, tools & tackles
and working during time extension granted by HPCL.

14.1.3 It shall be entirely the CONTRACTOR's responsibility to provide, operate and

maintain all necessary construction equipment, safety gadgets, lifting tackles, tools
and appliances to perform the work in a workman like and efficient manner and
complete all the jobs as per time schedule.

14.1.4 The procurement and supply in sequences and at the appropriate time of all
Materials, and consumables shall be entirely the CONTRACTOR's responsibility and
his rates for execution of work will be inclusive of supply of all these items.
Section V: Special Conditions of Contract (SCC) [49]
Tender Document - Tend No./ xxxx

14.1.5 Work shall be carried out to achieve committed targets. For smooth progress of
work, CONTRACTOR shall ensure availability of adequate resources (manpower,
machinery including supervision).

Section VI: Schedule of Requirements

SCOPE :

1. Quantities indicated in schedule are tentative and may vary as per site conditions. Vendor
to carry out a detailed site survey at site and final quantities shall be finalized basis site
and design requirements.

2. Scope of Work is, but not limited to, the Supply, Installation, Testing and commissioning
of Fire engine display system at 28 Locations across various states. Procurement is
envisaged to be a package door delivery. Tentative bill of material of basic component
of display system is enclosed in Clause 4 in this section. Bidder to commission the facility
at no extra cost to quoted rates, irrespective of materials used.
3. Following are the intended functional requirements of the procurement and must be
delivered-
3.1 To have a bigger digital display panel with at least 5 parameters display of minimum
font size of 2” at Fire Engine Shed to effectively monitor the following parameters
of the Fire Engine while in operation and during testing. Display size to be minimum
2’x2.5’
3.1.1 RPM
3.1.2 Discharge Pressure
3.1.3 Lube Oil Pressure
3.1.4 Lube Oil Temperature

[50] Procuring Organisation

 Procurement of GOODS

3.1.5 Cooling Water Pressure

3.1.6 Cooling Water Temperature
A pictorial representation should be as below-

3.2 To convert analog data to digital and enabling location for analysis of the Fire
engine parameters
3.3 To have a provision to continuously record the parameter values of the fire engines
while in operation and throwing exception report even at intermittent spike or drop
in any of the parameter.
3.4 To provide a legible report for a particular period of time
3.5 Online Data log and reporting system should produce following report

Section V: Special Conditions of Contract (SCC) [51]

Tender Document - Tend No./ xxxx

3.6 Following dashboard shall appear on the control room console and shall give all
parameters as per above table-

3.7 In all parameters, acceptable range is predefined is program logic. The predefined
logic will give visual indication by changing color of the particular parameters in case
value is not as per limits defined. For example RPM of Fire engine shall be 1500, if
RPM observed is <1500 readings will appear in red color and exception will be
recorded in report. Similarly, for all parameters exceptions are predefined
3.8 Console provided in control room shall have following features-
3.8.1 The screen will be displayed 24x7 in control room (same as TAS system).
3.8.2 Data logging system will receive and capture inputs of all parameters even
when the Fire engines are in idle conditions.
3.8.3 If Diesel level & Battery charge fall short of requirement value the Green
Indicators will turn to Red irrespective of whether the Fire engine is idle
or in operation.
3.8.4 User to be given access for putting remarks for each report so that
corrective action taken for exceptions can be incorporated in the report
itself.
3.8.5 Storage to be provided so that it can store trends and parameter value
for at least a year.

[52] Procuring Organisation

 Procurement of GOODS

4. Following is the minimum main components and items for the above project-
S. No. Material Quantity UOM

1 SPLY AND INSTLN OF CONTROLLER 1 EA

2 LED DISPLAY BOARD FOR REQUIRED 1 EA

PARAMETERS

3 DATA LOGGING SOFTWARE 1 EA

4 MEDIA CONVERTER 2 EA

5 VIBRATION METER 3 EA

6 DATA LOGGER WITH USB ADAPTER 1 EA

7 LEVEL SWITCH SENSOR 1 EA

8 PRESSURE TRANSMITTER 3 EA

9 INTEGRATION FIRE ENGINE PANEL TESTNG & 1 EA

COMMISSIONING

10 TEMP SENSOR 2 EA

11 OIL LEVEL SENSOR 1 EA

12 Data Concentrator Unit 1 EA

13 Supply, Laying (As per site conditions) CAT 6 To suit site Meter
Cable

14 Supply, Laying (As per site conditions) OFC Cable To Suit Site Meter

15 LLOP Switch 1 EA

16 8 Port Switch 1 EA

5. Installation of display system is in scope of contractor. Earthing of all equipment supplied

as per scope of contract shall be in scope of vendor. Suitable size Cu armored cables

Section V: Special Conditions of Contract (SCC) [53]

Tender Document - Tend No./ xxxx

(including body /frame earthing of JBs. Earthing scheme and layout to be submitted for
HPCL approval.

Cable trays, Support for the Display hanging and any other structural items shall be
provided by HPC. Above list is indicative only. Vendor to complete and commission the
project in totality. All other supports shall be provided by HPC except the above items.

LOCATIONS

ROORKEE LASHKAR
ROAD, LANDAURA, AVINASH KUMAR
1 UK NZ Roorkee Ird 2 ROORKEE-247664 SINGH

TIKRI KALAN, ASOUDA,

2 DL NZ Delhi Terminal 5 DELHI-110041 PANKAJ GARG

ASAUDHA, DELHI-
ROHTAK ROAD, NIMDEO AMIT
3 HR NZ Bahadurgarh Terminal 7 BAHADURGARH-124505 VINAYAK

15 KM STONE, PHYANG,
LEH-SRINAGAR
4 JK NFZ Leh Depot 2 HIGHWAY,LEH 194101 DORJAY ANGCHUK

ALINAGAR SAKALDIHA
ROAD, VILL- SARESAR,
NC CHANDAULI,
5 UP Z Mughalsarai Ird 3 MUGHALSARAI-232101 SUBRAJIT RAHA ROY

NC POOTHA, VEDVYASPURI, MEHULKUMAR B

6 UP Z Meerut 3 MEERUT-250103 SARANG

NC NAGARIA SATAN, AONLA,

7 UP Z Bareilly New Ird 3 BAREILLY 243301 SOURABH SINGH

NEAR AMOUSI RAILWAY

NC STATION, AMOUSI,
8 UP Z Lucknow Ird 5 LUCKNOW VIPIN KUMAR ARYA

[54] Procuring Organisation

 Procurement of GOODS

D-99/500 , T.T.C. IND.

AREA MIDC TURBHE ,
M NAVI MUMBAI
9 H WZ Vashi Bot 3 NAVI MUMBAI P B RANE

ASOJ PILOL, NEAR

BOMBARDIER CIRCLE,
1 NW BESIDES SAVLI MANJUSAR RAJENDRRA
0 GJ Z Vadodara Terminal 6 GIDC, VADODARA, 391745 NIRRANJAN

1 M PO Barua, Rairu, Gwalior-

1 P CZ Gwalior (Rairu) Ird 3 474005 ANITHA P

1 W RAJBANDH CHATTY,
2 B EZ Durgapur Ird 3 DURGAPUR-713212 ANAND KUMAR

1 W 1, GRAHAM ROAD, BUDGE

3 B EZ Kolkata Terminal 5 BUDGE, KOLKATA, 700137 PARTHA DE

DHURAJPALLI, IMAMPET,
1 SURYAPET MANDAL,
4 TL SCZ Suryapet Terminal 2 SURYAPET, 508213 P VENKAT RAO

KORUKUNDA,
GOKAVARAM ROAD,
GUMMALLADODI,
GOKAVARAM MANDAL,
EAST GODAVARI
1 DISTRICT,
5 AP SCZ Rajahmundry Terminal 5 RAJAHNMUNDRY-533289 A SELVAM

PETRO PARK, PORT

1 Visakh New Whilte Oil CONNECTIVITY ROAD,
6 AP SCZ Terminal 7 VISAKHAPATNAM-530014 PARAMESWAR C

1 MALKAPURAM, RABINDRANATH
7 AP SCZ Visakh new BOT 3 VISAKHAPATNAM, 530011 DASH

PEDAPALLI, SIDHOUT
1 MANDAL, BAKHARAPETA, SATISH KUMAR
8 AP SCZ KADAPA New IRD 6 KADAPA-516247 DHANTAMALA

SA ROAD,
1 SW KADAVANTHARA, MOHAMMAD TAJIB
9 KL Z Cochin Bo Terminal 2 COCHIN-682016 SAIT A

2 SW ELATHUR, KOZHIKODE-
0 KL Z Kozhikode IRD 3 673303 VINIL C BAWAN

Section V: Special Conditions of Contract (SCC) [55]

Tender Document - Tend No./ xxxx

KIADB INDUSTRIAL AREA,

NANDUR, SHAHBAJ
2 SW ROAD, KALABURGI,
1 KA Z Gulbarga New IRD 3 585228 VIPIN TOTLA

PARADIP TERMINAL,HPCL
BHITARGARH
ATAHRABANKI RLY
2 O COLONY PARADIP - GURUBACHAN
2 R ECZ Paradeep Terminal 6 754120 SINGHA

BOKARO POL DEPOT,

PLOT NO. IV-A/8
2 BIADA, BALIDIH, BOKARO PRADEEP SINGH
3 BR ECZ Bokaro Ird 5 STEEL CITY - 827014 KHYALIA

2 LAI ROAD, BIHTA, PATNA

4 BR ECZ Patna New Ird 5 PATNA - 801103 SUJEET KUMAR

PLOT 6C, SECTOR 1, PHASE

2, SIDCUL, SITARGANJ,
2 UDHAM SINGH NAGAR-
5 UK NZ SITARGANJ DEPOT 2 262405 RAJ KUMAR SINGH

2
6 HR NZ Hisar Terminal 5 DATA, HANSI, HISAR-125049 SATISH KUMAR

2 PAMPORE, PULWAMA,
7 JK NZ SRINAGAR DEPOT 6 PULWAMA-192121 HAROON HAMID KAR

[56] Procuring Organisation

 Procurement of GOODS

SCHEDULES

Details of Schedules

Schedule 1 - Fire Engine Display System- 9 Locations

Sch 1- SITC- Fire Engine Display System-Roorkee

Sch 1- SITC- Fire Engine Display System- Delhi

Sch 1- SITC- Fire Engine Display System- Bahadurgarh

Sch 1- SITC- Fire Engine Display System- Leh

Sch 1- SITC- Fire Engine Display System- MuGhalsarai

Sch 1- SITC- Fire Engine Display System- Meerut

Sch 1- SITC- Fire Engine Display System- Bareilly

Sch 1- SITC- Fire Engine Display System- Lucknow

Sch 1- SITC- Fire Engine Display System- Vashi BOT

Schdule 2- Fire Engine Display System- 8 Locations

Sch 2- SITC- Fire Engine Display System- Vadodara

Sch 2- SITC- Fire Engine Display System- Gwalior

Sch 2- SITC- Fire Engine Display System- DurGapur

Sch 2- SITC- Fire Engine Display System- Kolkata

Sch 2- SITC-Fire Engine Display System- Suryapet

Sch 2- SITC-Fire Engine Display System- Rajahmundry

Sch 2- SITC-Fire Engine Display System- Visakh NWOT

Sch 2- SITC-Fire Engine Display System- Visakh BOT

Schedule 3- Fire Engine Display System- 8 Locations

Section V: Special Conditions of Contract (SCC) [57]
Tender Document - Tend No./ xxxx

Sch 3- SITC-Fire Engine Display System- Kadapaa

Sch 3- SITC-Fire Engine Display System- Cochin

Sch 3- SITC-Fire Engine Display System- Kozhikode

Sch 3- SITC-Fire Engine Display System- GulbarGa

Sch 3- SITC-Fire Engine Display System- ManGlore

Sch 3- SITC-Fire Engine Display System- Paradeep

Sch 3- SITC-Fire Engine Display System- Bokaro

Sch 3- SITC-Fire Engine Display System- Patna

Schedule 4- SITC Consoles & Fire Engine Display System- Balance Locations

Sch 4- SITC-Fire Engine Display System-SitarGanj

Sch 4- SITC-Fire Engine Display System- Hisar

Sch 4- SITC-Fire Engine Display System-Srinagar

Sch 4- Fire engine Display Console -SITC

Sch 4- Fire engine Display Console -SITC

Sch 4- Fire engine Display Console -SITC

Sch 4- Fire engine Display Console -SITC

Sch 4- Fire engine Display Console -SITC

Sch 4- Fire engine Display Console -SITC

Sch 4- Fire engine Display Console -SITC

Sch 4- Fire engine Display Console -SITC

Sch 4- Fire engine Display Console -SITC

Sch 4- Fire engine Display Console -SITC

Sch 4- Fire engine Display Console -SITC

Sch 4- Fire engine Display Console -SITC

Sch 4- Fire engine Display Console -SITC

Sch 4- Fire engine Display Console -SITC

Sch 4- Fire engine Display Console -SITC

Sch 4- Fire engine Display Console -SITC

[58] Procuring Organisation

 Procurement of GOODS

Sch 4- Fire engine Display Console -SITC

Sch 4- Fire engine Display Console -SITC

Sch 4- Fire engine Display Console -SITC

Sch 4- Fire engine Display Console -SITC

Sch 4- Fire engine Display Console -SITC

Sch 4- Fire engine Display Console -SITC

Sch 4- Fire engine Display Console -SITC

Sch 4- Fire engine Display Console -SITC

Sch 4- Fire engine Display Console -SITC

Sch 4- Fire engine Display Console -SITC

Sch 4- Fire engine Display Console -SITC

Sch 4- Fire engine Display Console -SITC

Section V: Special Conditions of Contract (SCC) [59]

Tender Document - Tend No./ xxxx

Section VII: Technical Specifications and Quality Assurance

Note for Bidders: Regarding this Schedule, Bidders shall submit Form 4: ‘Technical Specifications And
Quality Assurance- Compliance’with their Technical bid.

1.0 Deleted

2.0 Deleted

3.1: LED Display for Fire engine shed

1. Digital Display: 6 nos independent display Rows for display of 6 parameters

2. The display should have the input port for RS485 Modbus Slave with programmable
ID.
3. The data to the display will be written by a Modbus Master incase data is in integer.
4. The display should have the capability to display the decimal digit and capable to
communicate with the RS485 Master Modbus.
5. The display should be covered with red colour transparent acrylic sheet to give an
aesthetic appearance of the display. The thickness of the acrylic sheet should be such
that the module should not be visible from outside when the digit is not glowing
however it should transfer a bright display when the display is on.
6. The display shall be fabricated using high quality Powder coated MS sheet of
Minimum 2 mm.
7. The size of the whole display should be 546 mm (H) X 345 mm (W) having the
identification name of each Row in the left side of the display taking 120 mm width.
The font size of the identification character shall be 58 mm.
8. The display should work in 230 volts unregulated power supply.

3.2:Specifications for Microcontroller (Data Concentrator Unit)

1. Custom made Micro Controller to be used for picking up the data over Modbus TCP-IP
from the Field for the Main Engine Parameters.
2. Ethernet Ports: 1 programmed as Modbus TCP-IP Serial Ports : 1 programmed as
Modbus Serial
3. The Micro Controller should be accepting data from minimum 10 nos of Devices over
Modbus The Baud Rate and other details for the devices have to be same except for the
IDs

[60] Procuring Organisation

 Procurement of GOODS

4. The Micro Controller should have a Serial Port programmed as a Master to communicate
with the Slave Devices like LED Display etc.
5. The Microcontroller should be able to provide data of the Field being received into the
System over Modbus TCP-IP to TAS PLC or Software as per the need of the Plant.
6. Power Supply 230 VAC

3.3 pressure transmitter

Pressure transmitter with range upto 20Kg/cm2 for measuring pressure in Suction and
discharge line of Fire engine and Pressure transmitter with range upto 5 Kg/cm2 for measuring
pressure in Cooling water line.

Accuracy :0.1%

Output:4-20mA

3.4 Vibration Sensor: -

3-Dimensional Vibration Monitoring Sensor with On Board RS485 Modbus connectivity to

provide Velocity, Acceleration, Vibration measurement. Seamless Integration to Cloud
Master for Dash boarding and Predictive Maintenance Module

3.5 Serial to Ethernet Convertor: - RS485/RS232 to Ethernet convertor for Interfacing with
PC

3.6 Software development: -

Scope of work includes below mention works: -

1. Integration between Fire engine Panel (Compatible for RS485 output),

Microcontroller, analog card and pressure transmitters, level switch etc. .
2. Integration of Digital display with Local PLC
3. Development of SCADA in standalone PC for displaying Fire engine parameters (PC is
not included in Scope of Supply)
4. Generation of Fire engine log book in the following format-

a System should capture Real time values with an interval of 2 minutes for
following parameters

Display Parameters

1. RPM

Section VII: Technical Specifications and Quality Assurance [61]

Tender Document - Tend No./ xxxx

2. ⁠Discharge Pressure

3. ⁠Lube oil pressure

4. ⁠Lube oil temperature

5. ⁠Cooling water Pressure

6. ⁠cooling water temperature

System parameters

1. RPM

2. ⁠Discharge Pressure

3. ⁠Lube oil pressure

4. ⁠Lube oil temperature

5. ⁠Cooling water Pressure

6. ⁠cooling water temperature

7. ⁠Fuel level

8. ⁠Suction pressure

9. ⁠engine vibration

10. ⁠pump vibration

11. ⁠battery voltage

12. ⁠run hour

13. ⁠start/stop indicator

14. ⁠start time

15. ⁠stop time

a It should have capability to plot the graphs i.e. parameter Vs Dates with
least count of time as 2 min minimum

b All reports should be in printable form in size A4.

c Vendor to inform the storage size for the storage of minimum 1 year
data.

5. **Work to be executed at HPCL location Mentioned above and integration of all

fire engine in each location will be in scope of Vendor.

[62] Procuring Organisation

 Procurement of GOODS

**Bidders Please note if engineer visit required for installation and commissioning of supplied
equipment’s and software will be in Vendor scope, No separate payment will be done.

**Digital display installation will be in HPCL scope, Supply and integration in Vendor scope.

3.7 Magnetic Pick-up Coil: -

• RPM sensor - magnetic pickup coil

• Range - 0 to 3000rpm
• Part number : 100007760793
• Thread size : 5/8" UNF 50mm
• Input : 12V DC
• Make : Greaves or OEM recommended

3.8 Coolant (Water) Temperature Sensor: -

• Range - 0 to 110 deg C

• Output : Resistive
• Part number : 105685010277
• Input : 5V DC
• Make : Greaves or OEM recommended

3.9 Oil Temperature Sensor: -

• Oil Temperature sensor

• Range - 0 to 110 deg C
• Output : Resistive
• Part number : 105685010277
• Input : 5V DC
• Make : Greaves or OEM recommended

3.10 Oil Pressure Sensor: -

• Range - 0 to 10 Bar VDO 1.5

• Type : Sensor cum switch

Section VII: Technical Specifications and Quality Assurance [63]

Tender Document - Tend No./ xxxx

• Output : Resistive
• Part number : 100007761195
• Input : 5V DC
• Make : Greaves or OEM recommended

It is envisaged to provide a system wherein the output of the Oil pressure sensors, Lube oil
temperature sensors, Magnetic pick-up coil and Cooling water temperature sensor shall be
taken in the Fire engine Panel. The cost of supply of Panel can be quoted in the line for Fire
engine Digital Display. The output from the Fire engine Digital Display shall be taken to the
Microcontroller supplied by vendor. The cost of the same can be quoted in the line item of
Data concentrator Unit (DCU). The output of DCU shall be given to control room and the
local LED display board.

The specifications given for the DCU are minimum specifications. If the vendor need to
provide additional IOs for meeting the desired function, the vendor need to provide the same
without any cost implications.

3.11 SPECIFICATION FOR CABLES

Design, engineering, supply, laying of Cables suitable for trays, trenches, ducts and conduits
and for underground buried installation with backfill and possibility of flooding by water &
chemicals. Power Cable shall be heavy duty 1100 V grade & Control cables shall be heavy duty
be 660 V grade, Multi stranded copper conductor. PVC insulated, PVC inner extruded sheathed,
GI wire / Strip armored and FRLS PVC outer sheathed confirming to IS 1554. The Oxygen Index
shall be 29 at 27 +/-2 Deg. C. In addition, suitable chemicals shall be added into the PVC
compound of the outer sheath to protect the Cable against rodent & termite attack. The outer
sheath of PVC shall possess flame propagation properties meeting requirement as per IS 10810
(Part -62) category AF

Power Cable shall be laid in separate trench and Signal & communication Cabling shall be laid
in different trench. The same may be laid in common trench provided physical barrier in the
form of bricks are provided in such a way that both are laid min 300 mm apart.

Cable Route marker shall be provided at each 20 m c/c distance & at the turning whichever is
less

3.12 Microcontroller
[64] Procuring Organisation
 Procurement of GOODS

Custom made Micro Controller to be used for picking up the data over Modbus TCP-IP
from the Field for the Main Engine Parameters.

Ethernet Ports : 1 programmed as Modbus TCP-IP

Serial Ports : 1 programmed as Modbus Serial

The Micro Controller should be accepting data from minimum 10 nos of Devices over
Modbus The Baud Rate and other details for the devices have to be same except for the
IDs

The Micro Controller should have a Serial Port programmed as a Master to communicate
with the Slave Devices like LED Display etc.

The Microcontroller should be able to provide data of the Field being received into the
System over Modbus TCP-IP to TAS PLC or Software as per the need of the Plant.

Power supply 230VAC

3.13 LED Display for Fire engine shed

Digital Display: 6 nos independent display Rows for display of 6 parameters. The display
should have 4 nos 2 inch 7 Segment LED display.

 The display should have the input port for RS485 Modbus Slave with programmable ID.
 The data to the display will be written by a Modbus Master incase data is in integer.
 The display should have the capability to display the decimal digit and capable to
communicate with the RS485 Master Modbus.
 The 7 segment display should be covered with red colour transparent acrylic sheet to give
an aesthetic appearance of the display. The thickness of the acrylic sheet should be such
that the 7 segment module should not be visible from outside when the digit is not glowing
however it should transfer a bright display when the display is on.
 The display shall be fabricated using high quality Powder coated MS sheet of Minimum 2
mm.
 The size of the whole display should be 546 mm (H) X 345 mm (W) having the identification
name of each Row in the left side of the display taking 120 mm width . The font size of the
identification character shall be 58 mm.
 The display should work in 230 volts unregulated power supply.

3.4: SITC of Console

Section VII: Technical Specifications and Quality Assurance [65]

Tender Document - Tend No./ xxxx

Vendor need to provide console with specifications as attached in the annexure.

Installation, Testing and commissioning shall be done according to EIC satisfaction.

Processor : 13th Generation Intel® Core™ i7-13620H Processor (E-cores up to 3.60 GHz P-
cores up to 4.90 GHz)

Operating System : Windows 11 Home Single Language 64

Graphic Card : Integrated Intel® UHD Graphics for 13th Gen Intel® Processors

Memory : 16 GB DDR5-5200MHz (SODIMM)

Storage : 1 TB SSD M.2 2280 PCIe Gen4 TLC

Display : 27" FHD (1920 x 1080), IPS, Anti-Glare, Non-Touch, 99% sRGB, 300 nits, 100Hz, 14ms

AC Adapter / Power Supply : 90W

Keyboard : Wireless, Eos, Cloud Grey with Mouse - India English

WiFi Wireless LAN Adapters : Wi-Fi 6 2x2 AX & Bluetooth® 5.1 or above

Warranty : 1 Year On-site

Color : Cloud Grey

Camera / Microphone : 5MP IR with E-Shutter and Dual Microphone

4.Description on Activities to be carried at Locations

Conversion of Analog Controller to Digital: Respective location to check existing controller

provided in Fire engine for compatibility of same for getting digital output. In case analog
controller is provided same needs to be replaced in consultation with OEM. While replacing
the controller it should be ensured that all parameters of Fire engine is incorporated in the
digital controller (RPM/ Lube Oil temperature / Lube Oil pressure / Cooling Water temperature
/ Battery Voltage/ Running hours/ Next due date of Servicing etc.

Vibration Analysis: This sensor can be placed on mechanical parts to analyze the vibration
of the part. The vibration sensors are delivered with metal plates and magnets for easy
installation. This helps in analyzing the Vibrations in Realtime basis.

[66] Procuring Organisation

 Procurement of GOODS

Section VII: Technical Specifications and Quality Assurance [67]

Tender Document - Tend No./ xxxx

Section VIII: Qualification Criteria

Note for Bidders: Regarding this Schedule, Bidders shall submit the following form(s), considering
necessary for the stipulated form of BOQ/ Contract.

Form 5: Qualification Criteria - Compliance

FINANCIAL PQC

Average Annual financial turnover, as per audited Balance Sheet and Profit & Loss account,
during the last three financial years ending 31st March 2024 shall be as below-

Financial Criterion (Rs lakh)

Non-MSME MSME

Sch1 Fire Engine Display System- 9 Locations 47 40

Sch2 Fire Engine Display System- 9 Locations 48 41

Sch3 Fire Engine Display System- 8 Locations 49 42

Sch 4 SITC Consoles & Fire Engine Display System- Balance Locations 25 22

In case where audited results for the last financial year i.e. FY ending 31st March, 2024, as
on the date of submission of the tender are not available, bidders shall submit the audited
results of three consecutive financial years preceding the last financial year, i.e. 2020-21,
2021-22 & 2022-23 and a Certificate signed by CEO/ CFO/ Partner/ Proprietor of the Bidder
shall be submitted stating that the financial results of the last financial year of the Company /
firm are under audit as on the date of submission of the bid.

Average turnover shall be determined by summing up the annual turnover of each financial
year and dividing the sum by three. In the event a bidder does not have any turnover in any
one or two of the years of the stated Financial years, the turnover for that/those years shall
be taken as zero and the average turnover shall be calculated to determine the conformity to
the turnover criteria.

TECHNICAL PQC

Applicants shall have experience of successfully carried out & completed similar work during
the last 7 years ending on 31.07.2024 the value of which schedule wise shall be as follows

[68] Procuring Organisation

 Procurement of GOODS

For schedule-1

Three similar Two similar completed One similar completed

completed works, each works, each costing not works costing not less
costing not less than less than the amount than the amount (Rs
the amount (Rs lakh) (Rs lakh) lakh)

Non-MSME MSME Non-MSME MSME Non-MSME MSME

Fire Engine
Display
Sch1 62 53 OR 78 66 OR 124 105
System- 9
Locations

For schedule-2

Three similar Two similar completed One similar completed

completed works, each works, each costing not works costing not less
costing not less than less than the amount than the amount (Rs
the amount (Rs lakh) (Rs lakh) lakh)

Fire
Engine
Sch2 Display 64 54 OR 80 68 OR 128 109
System- 8
Locations

For schedule-3

Three similar Two similar completed One similar completed

completed works, each works, each costing not works costing not less
costing not less than less than the amount than the amount (Rs
the amount (Rs lakh) (Rs lakh) lakh)

Fire
Engine
Sch3 Display 66 56 OR 82 70 OR 132 112
System- 8
Locations

Section VIII: Qualification Criteria [69]

Tender Document - Tend No./ xxxx

For schedule-4

Three similar Two similar completed One similar completed

completed works, each works, each costing not works costing not less
costing not less than less than the amount than the amount (Rs
the amount (Rs lakh) (Rs lakh) lakh)

SITC
Consoles &
Fire Engine
Sch
Display 34 29 OR 42 36 OR 68 58
4
System-
Balance
Locations

Cost of the similar work refers to value (inclusive of all taxes) of completed job only. For
arriving at cost of similar work, the value of work executed shall be brought to current costing
level by enhancing the actual value of work at simple rate of seven percent per annum,
calculated from the date of completion to the date of bid opening.

Similar works are defined as –

For all Schedules -Similar Works shall mean electrical or instrumentation works carried out as
A Class electrical contractor across any LPG/POL/Refineries/Petrochemical plants in India.

All work orders offered towards PQC – Technical should be supported by Completion
Certificate issued by HPCL/Client (for whom the job has been executed) OR Purchase Order
copies, Documentary evidence of Invoices and payment received from client in a tabular
format. All these documents shall be verified with originals.

Notes :

1. Bidders shall meet both the criteria i.e. Technical and Financial criteria to be eligible
for this tender. Offers of bidders not meeting Bid Qualification Criteria shall be rejected.

Separate Work orders / Purchase orders / contracts against a single tender, will be
considered as single work for the purpose of bid evaluation.
[70] Procuring Organisation
 Procurement of GOODS

2. For Financial and Technical Criteria, PQC will be relaxed by 15% for Micro and Small
Enterprises, subject to meeting the prescribed quality and technical specification of the
tendered items/services.

3. For meeting Technical criteria, parties need to submit notarized copies of Work Orders
/ Contract Agreements and Completion certificates issued by clients. Towards Financial
criteria, parties need to submit notarized copies of Audited Profit and Loss account
statements duly certified by Chartered Accountants. All the documents that are
submitted in support of Bid Qualification Criteria, shall be in English and notarized.
Offers not meeting the technical and financial criteria as stipulated above shall be
rejected.

4. Bidders to mention schedule against which EMD is submitted.

To qualify in more than one schedule, it is mandatory to possess capability equivalent to more
than one schedule.

In case of more than one schedule, the bid shall be evaluated against the highest value
schedule AND if qualified against that schedule, then the bid shall be evaluated against the
second highest value schedule & so on, and will be qualified against second schedule onwards
only if the credentials so submitted meet the criteria of multiple schedules put together.

e.g. A bidder submits bid against Schedules 1 & 3. Assuming that the minimum order value
mentioned in PQC for schedule 1 is Rs 100 lakh & for schedule 3 is 50 Lakh, then the bid shall
be evaluated for schedule 1 first.

Case 1: If qualified against schedule 1, then the bid shall be evaluated against schedule 3 and
qualified only if the minimum order value of the submitted orders is Rs 150 Lakh.

Case 2: If not qualified against schedule 1, then the bid shall be evaluated against schedule 3
and qualified if the minimum order value of the submitted orders is Rs 50 Lakh.

In case a bidder does not mention schedule against which the bid is submitted, then the bid
shall be qualified against the schedule with highest value possible as per the submitted
documents.

Section VIII: Qualification Criteria [71]

Tender Document - Tend No./ xxxx

Same process shall also apply to turnover criteria.

Since works are to be carried out in operating hazardous installations which requires that
bidder must have a proven track record of carrying out works for upto mark specification and
workmanship along with an embedded culture of safety. No additional preference or relaxation
to start-ups is not applicable for this tender.

[72] Procuring Organisation

 Procurement of GOODS

ANNEXURES

Section VIII: Qualification Criteria [73]

 Tender Document - Tend No./ xxxx

Annexure -1: Bidding Entity

Parties who are affiliates of one another can decide which Affiliate will make a bid. Only one affiliate may
submit a bid. Two or more affiliates are not permitted to make separate bids directly or indirectly. If 2 or
more affiliates submit a bid, then any one or all of them are liable for disqualification.

“Affiliate” of a Party shall mean any company or legal entity which:

a) controls either directly or indirectly a Party, or

b) which is controlled directly or indirectly by a Party; or
c) is directly or indirectly controlled by a company, legal entity or partnership which directly or
indirectly controls a Party. “Control” means actual control or ownership of at least a 50% voting
or other controlling interest that gives the power to direct, or cause the direction of, the
management and material business decisions of the controlled entity.

Bids may be submitted by:

a) A single person/ entity (called sole bidder);

b) A newly formed incorporated joint venture (JV) which has not completed 3 financial years from
the date of commencement of business;

c) Subsidiaries / Affiliates of Indian / foreign companies

Fulfilment of Eligibility criteria and certain additional conditions in respect of each of the above types of
bidders are stated below, respectively:

a) The bidder (including an incorporated JV which has completed 3 financial years after date
of commencement of business) shall fulfil each qualification criteria (PQC).
b) In case the bidder is a newly formed and incorporated joint venture and which has not
completed three financial years from the date of commencement of business, then either
the said JV shall fulfil each qualification criteria (PQC) or any one constituent member/
promoter of such a JV shall fulfil each qualification criteria (PQC). If the bid is received with
the proposal that one constituent member/ promoter fulfils each qualification criteria
(PQC), then this member/promoter shall be clearly identified and he/it shall assume all

[74] Procuring Organisation

 Procurement of GOODS

obligations under the contract and provide such comfort letter/guarantees as may be
required by the Corporation. The guarantees shall cover inter alia the commitment of the
member/ promoter to complete the entire work in all respects and in a timely fashion,
being bound by all the obligations under the contract, an undertaking to provide all
necessary technical and financial support to the JV to ensure completion of the contract
when awarded, an undertaking not to withdraw from the JV till completion of the work,
etc.
c) Subsidiaries / Affiliates of Indian or foreign companies which are registered in India and
having manufacturing facilities or establishment towards providing services in India are
allowed to participate in this tender, subject to meeting the local content provisions as
per the MII clause enclosed with the tender. Such entities can participate either on the
basis of their credentials (Technical or Financial) or on the basis of the credentials
(Technical or Financial) of their parent/ affiliate company, as per the PQC requirements
applicable for this tender. If credentials of parent/ affiliate are sought to be relied upon,
then the Indian subsidiary must meet the other PQC, either Technical or Financial.
Moreover the parent/affiliate will also provide suitable Guarantees to ensure completion
of the work in all respects.
In case the parent / affiliate company is from a country which shares a land border with
India, then the subsidiary / affiliate company will be eligible to bid in this tender only if
the parent / affiliate company is registered with the Competent Authority constituted by
the Department for Promotion of Industry and Internal Trade (DPIIT).

Section VIII: Qualification Criteria [75]

Tender Document - Tend No./ xxxx

Annexure – 2: Earnest Money Deposit (EMD):

For tenders in HPCL eProcurement Portal ( For GeM tenders, please refer GeM GTC)

a) Tenderer will have to pay Earnest Money Deposit (EMD) as mentioned in the covering
letter or elsewhere in the tender document. EMD should be paid as under:

EMD Amt. Mode of Payment

SCH 1/2/3- E-Payment by Internet Banking Only

Rs. 4 Lakhs
OR

[76] Procuring Organisation

 Procurement of GOODS

SCH 4- Rs. Original Bank Guarantee/DD from Nationalized Bank/ Scheduled Bank
2.25 Lakhs (Other than Co-operative Bank) valid for 6 months from the due date of
tender. Format is as per attachment.

b) EMD must be submitted in hard copy in original within stipulated timelines in the tender T&C,
to the address provided in TIS. Tenders / offers received without EMD will be rejected.

c) Cheques / Cash / Money Orders or any other documents are not acceptable towards EMD
and if EMD is paid in the form of such documents then tenders will be treated as
submitted “WITHOUT EMD” and such tenders will be rejected.

d) Linking with earlier transactions / adjustments with pending bills or any other amount
payable by HPCL is not allowed.

e) EMD refund will be made to unsuccessful tenderers after finalization of the tender.

f) In case of successful tenderers, EMD refund will be made only after Purchase Order is
placed on them.

g) EMD will not carry any interest.

h) EMD is liable to forfeiture in the event of :

i. Withdrawal of offer during the validity period of the offer.

ii. Non-acceptance of orders when placed.

iii. Non-confirmation of acceptance of orders within stipulated time after placement of

orders.

iv. Any unilateral revision made by the tenderer during the validity period of the offer.

v. Non-execution of the document after acceptance of the contract / order due to any
dispute of the tenderers or any reason whatsoever.

HPCL Bank details:

Beneficiary Name: Hindustan Petroleum Co. Ltd.

Beneficiary's bank Name: ICICI Bank

ISFC Code: ICIC0000393

HPCL's Customer ID: 508902133

Annexure – 3: Reverse Auction Process

Section VIII: Qualification Criteria [77]

Tender Document - Tend No./ xxxx

RA not applicable for this tender

[78] Procuring Organisation

 Procurement of GOODS

Annexure – 4: Process of Grievance Redressal Mechanism

1. Background

Hindustan Petroleum Corporation (HPCL) has developed a mechanism to deal with references /
grievances if any that are received from Parties who participated/intends to participate in the
Corporation Tenders. The scheme is available on our Corporate website at the link below:

https://www.hindustanpetroleum.com/pages/grievance-redressal-mechanism

Section VIII: Qualification Criteria [79]

Tender Document - Tend No./ xxxx

Annexure – 5: HPCL Conciliation Rules, 2019

Background

[80] Procuring Organisation

 Procurement of GOODS

Part III of the Arbitration and Conciliation Act, 1996 makes provisions for alternative dispute resolution
through Conciliation, which is emerging as an effective dispute resolution mechanism for Public Sector
Enterprises in India.

HPCL intends to increasingly focus on Conciliation as a dispute resolution mechanism and hereby
frames the present Rules in conformity with Part III of the Arbitration and Conciliation Act, 1996 for
speedier, cost-effective and amicable settlement of disputes through Conciliation.

1. Title and Commencement

a. These Rules shall be called the HPCL Conciliation Rules, 2019.

b. It shall come into force on 16 March 2020.

2. Definitions

a) “Act” means Arbitration and Conciliation Act, 1996 as amended from time to time.

b) “Conciliation” means a dispute resolution process whereby the Parties by mutual consent
appoint a Conciliator or a Settlement Advisory Committee (SAC) to assist them in their attempt
to reach an amicable settlement of their dispute(s) arising out of a defined legal relationship,
contractual or otherwise.

c) “Conciliator(s)” means the Conciliator appointed in accordance with these Rules.

d) “HPCL” means HINDUSTAN PETROLEUM CORPORATION LIMITED, having its registered office at
17, Jamshedji Tata Road, Churchgate, Mumbai-400020.

e) “Panel of Conciliators” means the list of eligible persons selected by HPCL to act as Conciliators
in conciliation proceedings under these Rules.

f) “Party” means a Party to a contract with HPCL or a Party to a Conciliation proceeding under these
Rules. Further, “Party” means HPCL or the other party to the Conciliation proceeding
individually, and “Parties means both of them collectively.

g) “Rules” means the HPCL Conciliation Rules, 2019 (as amended from time to time).

h) “Settlement Advisory Committee” or “SAC” means the Committee of Conciliators appointed

under Rule 5 of these Rules.

i) “Settlement Agreement” means the agreement arrived between the Parties in settlement of
theirs dispute(s), which is the subject matter of Conciliation.

j) “Working Day” means any of the five days between Monday to Friday, including both Monday
and Friday, between 10.00 AM to 5.00 PM (Indian Standard Time), excluding Gazetted holidays
and all other holidays declared by the Govt. of India or HPCL.

k) The masculine gender shall include female and neutral genders and vice-versa. The singular shall
include the plural and vice-versa.

Section VIII: Qualification Criteria [81]

Tender Document - Tend No./ xxxx

3. Scope and Applicability

a) These Rules shall apply to any dispute, arising out of or relating to a contractual or defined legal
relationship in the form of a contract involving HPCL as a Party, and which involves construction,
works, engineering, EPC or Supply or any other contract of a similar nature, where the Parties
seeking an amicable settlement of their disputes have agreed that these Rules shall apply. These
Rules shall, however, not apply to disputes arising out of or relating to MS/HSD/LPG/SKO/Lube
Dealership/Distributorship Agreements and Agreements for Bulk or Packed Road
Transportation of Petroleum Products. If the dispute is not settled by Conciliation within 8
(eight) months of the initiation of conciliation or such further period as the parties shall agree
in writing, the Conciliation proceedings shall terminate and the Parties shall be free to approach
a Court of law.

Provided that these Rules shall be applicable only if:

i) the dispute arose out of a contract, agreement or other defined legal relationship that
has been successfully completed or is ongoing. No dispute arising out of a contract,
agreement or other defined legal relationship that has been abandoned by either of the
Parties would be covered under these Rules.

ii) the date of request for the conciliation is made during the Contract or within 6 months
after the Contractual Delivery Date/ Contractual Completion Date or the extended
CDD/CCD.

iii) the dispute involves claims of an amount not less than ₹ One Crore.

b) The scope of Conciliation under these Rules shall encompass both domestic and international
disputes of a private law nature, whenever/wherever a settlement is possible.

c) Pendency of judicial or similar proceedings shall not constitute any bar on commencement of
Conciliation proceedings under these Rules, even if the proceedings under these Rules are on
the same subject matter/issue.

d) During the pendency of the Conciliation proceedings, the Parties shall not initiate any judicial
or similar proceedings in respect of the dispute which is the subject matter of Conciliation, and
if any such proceedings have been initiated prior to the commencement of the Conciliation
proceedings, the Parties shall maintain status quo in respect thereof as long as the Conciliation
proceedings are pending.

e) These Rules shall however not apply to dispute(s)/ claims which are barred by limitation, or
which, by virtue of any law for the time being in force in India, may not be submitted to a Court
or Conciliation.

f) These Rules shall be subordinate to and supplementary to Part-III of the Arbitration and
Conciliation Act, 1996 and the Act will prevail over the Rules to the extent of inconsistency, if
any.

[82] Procuring Organisation

 Procurement of GOODS

g) These Rules are broad standard Conciliation procedures meant for a flexible, systematic,
expeditious and amicable settlement of disputes and Parties may mutually agree in writing to
make appropriate adjustments/ changes, and such mutually agreed departures/ deviations
from any of these Rules shall not in any circumstances render a Conciliation proceeding or any
Settlement Agreement reached pursuant thereto invalid, illegal or void.

h) Subject to subsequent agreement between the Parties, Conciliation under these Rules may be
invoked, even if Conciliation is not the prescribed dispute settlement mechanism or these Rules
are not the prescribed Conciliation Rules under the relevant contract/agreement.

i) Raising of any issue or point of dispute, by any Party in writing or otherwise in any
communication (electronic or otherwise) between the Parties (without its resolution) shall not
be considered as seeking Conciliation under these Rules, unless such Conciliation proceedings
are formally invoked in writing under these Rules by a Party, stating clearly the subject matter
in dispute/ difference and seeking the consent of the other Party(ies) for Conciliation. Every
Conciliation shall commence only if the other Party(ies) accept(s) in writing its willingness to
enter into Conciliation.

4. Panel of Conciliators

a) HPCL shall, with the approval of Director (HR) of HPCL, prepare and maintain a Panel of
Conciliators, consisting of persons having good standing in the field of Oil and Gas, Refineries,
Marketing of Petroleum Products, Engineering and Projects, Law or Justice within sixty (60)
days of these Rules coming into force. The Panel will be updated from time to time as required.
The Director (HR) of HPCL may add any name to or delete any name from the Panel of
Conciliators.

b) The Conciliators in the Panel of Conciliators, shall be independent persons, who are not serving
employees, or consultants or advisers of HPCL.

c) Persons who have attained the age of 70 years will automatically cease to be on the Panel of
Conciliators. In case where a Conciliator has been appointed and during the pendency of
conciliation proceedings, he/she attains the age of 70 years, he/she will continue to be a
conciliator till completion of the conciliation proceedings, whether by means of a Settlement
or Termination of the Conciliation Proceedings or otherwise as provided under the Act.

d) All the members of the Panel shall have equal status and parties will not have any right to
challenge the appointment of a Conciliator on the ground that its nominee Conciliator has
higher status than the other Conciliator.

e) The following persons may be enlisted in the panel of Conciliators:-

i. Retired Chairman & Managing Director, Retired Functional Directors of any Central
Public Sector Enterprise in India.

ii. Independent experts in the field of Oil and Gas, Construction or Engineering and
Projects (a) having minimum 25 years’ experience; (b) being preferably registered with

Section VIII: Qualification Criteria [83]

Tender Document - Tend No./ xxxx

an institute of arbitration in India and (c) having experience of handled at least one or
more arbitration or conciliation.

iii. Retired Judges of the Supreme Court of India & High Courts in India.

iv. Retired PSU employees of and above the level of Chief General manager of a Schedule
‘A’ PSU in India.

v. Legal practitioners/ Advocates having minimum experience of (a) 25 years post

enrollment (in case of practicing advocates) in High Courts/ Supreme Court or (b) 25
years post qualification (in case of in house counsel).

f) The Panel of Conciliators shall contain an Annexure, giving details of the qualifications of the
Conciliators, including professional and technical experience.

g) A person shall be empaneled as a Conciliator only after obtaining his consent to be so

empaneled.

h) A person in the Panel of Conciliators shall not be entitled to any monetary benefit or
remuneration/fees or any other facility only by virtue of his/her name being in the Panel of
Conciliators. He will be entitled for fees, etc. only when he/she is actually appointed as a
Conciliator or forming a part of a SAC in relation to a specific dispute under these Rules. An
appointment on the Panel of Conciliators under sub-rule (a) shall ordinarily be for a period of
3 (three) years from the date of appointment. Such period may be extended or curtailed at
the discretion of HPCL.

i) Removal of a person from the Panel of Conciliators shall not have the automatic effect of
removal/withdrawal of the said person from an existing Conciliation Proceeding in which such
person is acting as a Conciliator, unless the said Conciliator is removed specifically from the
dispute in question.

j) Disqualifications of persons as Conciliators and/ or removal:

The following persons shall be deemed to be disqualified for being empaneled as Conciliators,
and if already empaneled/ appointed, shall be liable to be removed:

1) A person who has been adjudged as insolvent or is of unsound mind or physically

incapable of performing the work of a Conciliator.

2) A person against whom criminal charges are framed by a criminal court and are pending
for final disposal or, who has been convicted by a criminal court/ Tribunal for any
offence and a sentence of fine or imprisonment has been passed against him. (This will
not include fines for petty cases like traffic violation or penalties given purely because
the person held a particular office {like an occupier in a factory} provided he has no
personal involvement in the same).

3) A person against whom disciplinary proceedings have been initiated by the appropriate
disciplinary authority and are pending or, has resulted in a punishment.

4) A person against whom an adverse report/ remark is received from the Vigilance
Department of HPCL or the CVC or CBI or the Government of India, which lends doubts
as to the integrity of the person or otherwise makes him unsuitable to hold the position.

[84] Procuring Organisation

 Procurement of GOODS

k) Provided always that HPCL may, in its sole discretion, change the eligibility criteria or modify/
rescind any portion or the whole of these Rules or not include any person as a Conciliator in
its Panel, without assigning any reasons and such decision shall not be called in question by
any person/ party.

5. Composition of the Conciliation Tribunal

a) Conciliator(s) shall be appointed by the mutual consent of the Parties from the Panel of
Conciliators maintained by HPCL in respect of a particular dispute. There shall be a Sole
Conciliator in Conciliation proceedings where the disputed claim (or all claims put together) is
less than ₹ 5,00,00,000 (Rupees Five Crores). However, where the disputed claims are more
than ₹ 5,00,00,000 (Rupees Five Crores), the Conciliation Tribunal shall consist of two
Conciliators. In case of 2 Conciliators, each Party to the Dispute shall appoint one Conciliator
each from the Panel maintained by HPCL.

b) In case the Parties fail to agree on a Conciliator(s) from the Panel of Conciliators maintained by
HPCL, the Parties shall be at liberty to mutually agree to appoint any other Conciliator(s), who
is/are not in the Panel of Conciliators maintained by HPCL.

c) The Conciliator(s), as and when appointed by the Parties for a specific Conciliation proceeding,
shall constitute and function by the name and style of “Settlement Advisory Committee” or
“SAC” in regard to the dispute(s) referred for Conciliation and shall conduct Conciliation
proceedings under these Rules. The SAC can be of a sole conciliator or of 2 conciliators.

d) When a person is approached in connection with his possible appointment as a Conciliator in

respect of a specific dispute, he shall disclose any circumstances likely to give rise to justifiable
doubts as to his impartiality or independence. A Conciliator, from the time of his appointment
and throughout the Conciliation proceedings shall, without any delay, disclose any such
circumstances to the Parties, unless they have already been informed of such circumstances.
Such person shall not act or continue to act as a Conciliator if either Party objects to his so
acting or continuing to act due to the existence of such circumstances. Such circumstances shall
include:

An interest in or connection with the subject matter of the dispute,

A relationship with a party, including a relationship of lawyer and client.

e) On the appointment of a Conciliator in respect of a specific dispute, the Conciliator shall give a
Declaration as per Schedule-A of these Rules.

f) If a Conciliator withdraws himself or he/she is removed by the Parties from a Conciliation

Proceeding on the ground of continued absence for any three scheduled meetings/hearings or
is otherwise unavailable for the Conciliation proceeding for no justifiable reason(s) or does not
hold conciliation proceedings or cannot act further because of the objection of a party under
sub-rule d) above or any reason which disqualifies him, the parties may appoint an alternative
Conciliator in the same manner as contemplated herein.

Section VIII: Qualification Criteria [85]

Tender Document - Tend No./ xxxx

g) The appointment will take effect from the date of such intimation about the constitution of the
Conciliation Tribunal.

h) If any appointed Conciliator resigns or dies or is unable to perform his functions during the
Conciliation, then HPCL may terminate the appointment of such Conciliator and inform him
and the parties accordingly. The Parties shall take further steps to fill up the vacancy so caused
as per 5(a) above.

i) No person shall be appointed as a Conciliator in respect of more than three disputes at a time.

6. Commencement of Conciliation

a) HPCL or the Party who has entered into a contract of the nature stated in 3(a) above with HPCL,
and who wishes to settle any dispute, shall serve a written notice/invitation for Conciliation
Proceedings under these Rules, to the other Party. This will be done only after the normal official
avenues of resolving disputes under any contract or existing practice are exhausted.

b) A written notice/invitation for Conciliation proceedings shall, inter alia, contain the following
details:

i. Identity of the Party giving the written notice/invitation - name, official address, email
address, contact number(s), official representative, etc.

ii. Specific consent of the party for Conciliation under these Rules.

iii. Name of proposed Conciliator(s) from the Panel of Conciliators maintained HPCL.

iv. Details of the contract, a brief description of the dispute which is sought to be settled
through Conciliation, details of the amounts claimed and the total amount claimed.

v. A statement that there are no other issues or disputes.

vi. Where a No Claims/Dues Certificate has been issued to HPCL, a statement that the claims
are pertaining only to those items which have been specifically excepted and mentioned
as exceptions in the said No Claims/Dues Certificate.

vii. An undertaking that:

No interest shall be claimed in any judicial or similar proceedings or during conciliation,

for the period commencing from the date of written notice/invitation for Conciliation,
up to the completion/ conclusion of the Conciliation by a Settlement Agreement or
Termination or otherwise in terms of these Rules.

Not to initiate any judicial or similar proceedings in respect of the dispute mentioned in
the written notice/invitation for Conciliation during the pendency of the Conciliation
proceedings and, if any such proceedings have been initiated prior to the written
notice/invitation for Conciliation, that the party agrees to maintain status quo in
respect thereto during the pendency of the Conciliation proceedings.

c) The Party receiving the written notice/invitation for Conciliation may, within 30 (thirty) days of
receipt of the notice/invitation, accept the invitation for Conciliation wholly, or may accept the
invitation only in respect of some claims mentioned in the written notice/ invitation and not in
[86] Procuring Organisation
 Procurement of GOODS

respect of the rest of the claims, or on the condition that its dispute/ claim(s) with the other
party may also be settled through Conciliation under these Rules. Such limited or conditional
acceptance shall constitute a counter-invitation for Conciliation. In case of a counter invitation,
the first Party shall within 15 (fifteen) days of receipt of the counter-invitation give its reply as
afore-stated. The Party accepting the invitation for Conciliation or giving the counter-invitation
for Conciliation, as the case may be, shall also comply with the requirements of sub-rule (b)
above, to the extent applicable.

d) If no reply under sub-rule (c) is received from the other Party, on whom written
notice/invitation/counter invitation for Conciliation under sub-rule (a) or sub rule (c) has been
served, the invitation/counter invitation for Conciliation may be treated as ‘rejected’.

e) Conciliation proceedings under these Rules shall be deemed to commence on the day the party
giving the invitation/counter-invitation for Conciliation receives a written intimation of
acceptance of such invitation/counter invitation from the other party (Commencement). For
Conciliation proceedings with more than two Parties, such proceedings shall be deemed to
commence on the day the last intimation of acceptance of invitation/counter-invitation for
Conciliation is received from a Party.

f) If the Parties fail to agree on appointment of Conciliator(s) and constitution of SAC within 60
(sixty) days of the Commencement of the Conciliation proceedings as per sub rule (e) above or
such extended time period as agreed between/amongst the Parties, whichever is longer, the
efforts of dispute settlement through Conciliation shall be treated as ‘failed’.

7. Conciliation Proceedings

a) Upon his appointment, the conciliator may request each party to submit to him a brief
statement in writing describing the general nature of the dispute, the points at issue and the
amount, if any, of the claim(s) and counter claim(s). Each party shall send a copy of such
statement to the other party. At any stage of the conciliation proceedings the conciliator may
request a party to submit to him such additional information as he deems appropriate.

b) The SAC may, if it considers necessary, permit or request the Parties to submit further written
statement(s) along with other documents/evidence in support thereof.

c) The first meeting of the Parties shall be called by the SAC, after consulting the Parties involved,
at a convenient date and time, within 10 (ten) working days of receipt of written statement
mentioned in the preceding sub-rule (a) and sub-rule (b). During the first meeting, a tentative
time-frame and broad work-schedule of the Conciliation proceedings shall be finalized by the
SAC after due consultation with and consent of the Parties.

d) The SAC shall, as much as possible, proceed with the Conciliation proceeding on an issue by
issue basis, after proper identification of the relevant issues with the consent of the Parties.

e) The SAC, with the consent of the Parties, may also call for material witness(es) to assist the
Committee.

Section VIII: Qualification Criteria [87]

Tender Document - Tend No./ xxxx

f) Each Party shall send a copy of its communication, written submission and all other document(s)
filed before the SAC to the other Party.

g) Opportunity shall be given to the Parties during the Conciliation proceedings to openly and
fearlessly express their views so as to enable the Parties to better understand and appreciate
each other’s viewpoints.

h) It shall be open to the Parties or the Conciliator(s) to make any proposal or counter proposal
for amicable settlement of the dispute at any time during the Conciliation proceeding. The
SAC may also make such proposal after consulting and hearing the Parties.

i) All the parties shall commit to participate in the proceedings in good faith with the intention to
settle the dispute(s), if possible.

8. Representation, venue and other broad principles

a) Advocates shall not be allowed to participate in the Conciliation Proceedings under these Rules
and Parties shall plead their own cases.

b) Parties shall, however be free to appoint their employees, officers, directors or in-house Law
Officers to plead their own cases.

c) Unless otherwise agreed between the Parties, Conciliation proceedings under these Rules may
be held at the registered office of HPCL at 17, Jamshedji Tata Road, Churchgate, Mumbai-
400020 or any other office of HPCL.

d) Unless the parties have agreed upon the place where meetings with the conciliator are to be
held, such place shall be determined by the conciliator, be convenient to both parties and take
into consideration the circumstances of the conciliation proceedings.

e) Equal opportunities shall be given to the Parties to express their views before the SAC and the
SAC shall make utmost efforts to ensure that the Conciliation proceedings are conducted in a
friendly and conducive manner.

f) Representation of the Parties may be oral or in writing. Only if both Parties agree to in writing,
then minutes of the meetings/hearings may be recorded in broad general terms, without
however, recording adversarial submissions/ claims or stand of either party on the same, if
any. Copies of such minutes of meetings shall be sent to the Parties within 7 (seven) working
days of each meeting/hearing. No such minutes shall constitute any evidence as to the stand
of either party and shall not be used in evidence before any Court of law. If Minutes are not
agreed by either Party it shall not be made or issued. Only a record of Attendance of a
meeting/Attendance Sheet shall be made in such cases.

g) Best efforts shall be made to ensure that Conciliation proceedings are conducted in a time
bound manner without, however, diluting procedural flexibility of such proceedings.

h) The language of the Conciliation proceedings under these Rules shall be English.

9. Role of Settlement Advisory Committee/ Conciliators

[88] Procuring Organisation

 Procurement of GOODS

a) The Settlement Advisory Committee shall attempt to facilitate resolution of the dispute(s) by
the Parties, and communicate the view of each party to the other, assist them in identifying
issues, reduce misunderstandings, clarify priorities, explore areas of compromise and
generate options in an attempt to resolve the dispute(s), emphasizing on the benefits of
settlement.

b) The SAC shall encourage the Parties to meet and discuss amongst themselves for an amicable
settlement of the dispute(s) referred.

c) The SAC shall be guided by the principles of objectivity, fairness and justice and shall assist the
Parties in an independent and impartial manner to reach an amicable settlement of dispute(s).

d) The SAC shall conduct Conciliation proceedings in conformity with these Rules and Part-III of
the Arbitration and Conciliation Act, 1996 to the maximum extent possible, but shall be
flexible with appropriate adjustments, whenever required or whenever the Parties make joint
request.

e) The broad approach of the SAC shall be speedy, efficient and amicable `settlement of disputes,
without however diluting objectivity of approach, principles of natural justice and established
principles of law.

f) The SAC shall act more as facilitators, rather than as judges/umpires/arbitrators and shall not
impose any view or terms of settlement on any of the Parties.

g) The SAC may suggest to either of the Parties or both of them, the possible terms of a
settlement for their consideration. If such possible terms of a settlement are given, then both
parties shall comment on the same and after considering the comments, the SAC may offer a
revised terms of settlement for consideration.

h) Unless it is signed by both the Parties to the Dispute/ Conciliation, no “terms of settlement”
which are proposed or commented upon, shall be binding upon either Party or held against it.

10. Time Frame

a) The SAC shall attempt to dispose of the entire Conciliation proceedings within a time frame of
6 (six) months from the date of constitution of the SAC, but the same may be extended with
the mutual consent of the Parties, for a period not exceeding 2 (two) months.

b) Notwithstanding sub rule (a), a Settlement Agreement signed after the 8 (eight) months
period stipulated in sub-rule (a) shall not become void or unenforceable merely because such
agreement has been signed after the stipulated 8 (eight) months period.

c) Notwithstanding sub rule (a), the SAC may terminate the Conciliation proceedings any time
before the expiration of the 6 (six) months stipulated in sub-rule (a) if it is of the view that
because of the vastly divergent, extreme and/or rigid views of the Parties or non-cooperation/
response of any one party or both parties or for any other substantial reason it is no longer
possible or practicable to meaningfully conduct the Conciliation proceedings.

Section VIII: Qualification Criteria [89]

Tender Document - Tend No./ xxxx

d) The total number of meetings of the SAC/ hearings in a Conciliation proceeding shall not be
more than 6 (Six), unless otherwise agreed between the parties in consultation with the SAC.

11. Conciliator’s fee

a) Each Conciliator constituting the SAC shall be entitled to the following fees:-

i. a fee of ₹ 40,000/- (Rupees Forty Thousand only) for each hearing/meeting.

ii. a lump sum reading fee of ₹ 40,000/- (Rupees Forty Thousand only).

iii. a lump sum facilitation fee of ₹ 40,000/- (Rupees Forty Thousand only) if a draft
Settlement Agreement is prepared by the SAC.

b) Provided that the total fees payable shall not exceed a maximum of ₹ 4,00,000/- (Rupees Four
Lacs only) per Conciliator per dispute (case referred for Conciliation) excluding service tax.
This is unless otherwise agreed to in writing by both the Parties.

c) In addition to the fees and expenses stated in sub-rule (a) above, the SAC shall be entitled to
incur for themselves secretarial services at a lump sum amount of ₹25,000/- (Rupees Twenty
Five Thousand only). The SAC/ Conciliators will make its own arrangements for secretarial
services. The SAC/ Conciliators shall make their own local travel arrangements.

d) If the Conciliation Proceedings are held at a place other than the location/ residence of the
Conciliator (outstation visit), then each such Conciliator shall also be entitled for
reimbursement of (i) actual rail/ air travel expenses, (ii) expenses for suitable Hotel
Accommodation, (iii) meals and local travel on actual basis. The accommodation to the
Conciliator(s) shall be provided at the guest houses of HPCL, where available.

e) In all cases the fees and expenses of conciliation mentioned above shall be borne equally by
the Parties. Further, the Parties shall pay and bear their respective share of the fees and
expenses within 30 (thirty) days from the date of first meeting/ hearing, to the Conciliators as
directed by the SAC or to such an account as may be designated by them. The process and
payment stage can be agreed and varied by the consent of the Parties and the Conciliator(s).

f) Final account towards fees, payment for secretarial services and other expenses of the

Conciliation proceedings shall be reconciled and settled between the Parties and the SAC on
the termination of the Conciliation proceedings. In case of signing of a Settlement Agreement,
the fees and expenses as determined by the SAC as per these Rules shall be paid by the Parties
within 30 (thirty) days of the signing the Settlement Agreement.

g) In the event where the dispute does not involve any monetary claim or disputed amount
cannot be quantified, then the Conciliator’s fees will be a consolidated sum of Rs.3.00 lakhs
inclusive of fees for hearing, study, facilitation, etc. Secretarial charges will be extra as per the
above provisions.

12. Non-disclosure of Information

[90] Procuring Organisation

 Procurement of GOODS

When a Party to a Conciliation proceeding provides any information concerning any issue of
dispute to the SAC subject to a specific condition that such an information is to be treated
confidential, the SAC shall not disclose that information to the other Party.

13. Co-operation of Parties

a) The Parties shall, in good faith co-operate with the SAC and in particular will endeavor to
comply with any request of the SAC to submit written materials, provide evidence, give
clarification, attend meetings/hearings, etc.

b) Conciliation being an amicable dispute settlement mechanism, the Parties shall not take

adversarial roles, but instead make every possible effort to understand and appreciate the
other Party’s viewpoints without, however, diluting the correct factual position.

c) The Parties shall make every possible effort to render optimum co-operation for a speedy,
efficient and mutually acceptable amicable resolution of disputes.

d) The Parties shall not in any manner make any attempt to unduly influence the Conciliation
proceedings or the SAC by way of inducement in any form or manner and shall conduct
themselves with full dignity, honesty and integrity.

e) Notwithstanding that any Conciliation Proceedings have commenced or continued between the
Parties, no work shall be stopped by a Contractor merely because of the pendency of disputes
before Conciliation. Every work including extra work shall have to be carried out and
performed as per the terms of the contract, by a contractor irrespective of the pendency of
conciliation proceedings.

14. Agreement of Settlement

a) After discussing with and hearing the Parties involved, if the SAC is of the view that there exist
circumstances for a settlement of the dispute, the SAC shall formulate the draft terms of a
possible settlement and submit the same to the Parties for their consideration and comments.

b) If any part of the draft terms of settlement is not acceptable to any of the Parties, further
meetings/hearings shall be held for possible resolution till mutually acceptable terms are
reached.

c) When a settlement can be arrived at only in regard to any one or only some of the issues
referred for Conciliation, an Agreement of Settlement may be signed in regard to the said
issue(s), but not the others. Such a Settlement shall be binding on only that one or only some
of the issues which are Settled and not the others, unless otherwise agreed upon in writing by
both Parties.

d) An Agreement of Settlement shall contain a statement to the effect that each of the person(s)
signing: (I) is fully authorized by the respective Party he/she represents, (II) has fully
understood the contents of the same, (III) is signing the same out of complete free will and

Section VIII: Qualification Criteria [91]

Tender Document - Tend No./ xxxx

consent, without any pressure or undue influence and (IV) the same shall be final and binding
on and enforceable against the Party and the persons who(m) he represents.

e) When an Agreement of Settlement is signed, the same shall be final and binding on the Parties
and the persons claiming under/ through them respectively.

f) The SAC shall authenticate the Agreement of Settlement. The Agreement of Settlement shall
be made in 2 Originals – one each for the two parties. If there are more Parties, then every
Party shall be given an original signed Agreement of Settlement and hence more originals shall
be made.

g) The settlement agreement shall have the same status and effect as if it is an arbitral award on
agreed terms on the substance of the dispute, under Section 30 of the Arbitration and
Conciliation Act, 1996.

15. Confidentiality and Admissibility of Evidence in Other Proceedings

a) The SAC and the Parties shall keep confidential all information furnished, documents filed,
evidence produced/adduced during the course of the Conciliation proceedings and the
contents of any terms of settlement or draft Settlement Agreement or final Settlement
Agreement, except where its disclosure is necessary for purposes of implementation and
enforcement of the Settlement Agreement.

b) Confidentiality under these Rules shall extend to proposals, alternative proposals,

communications exchanged between/amongst the Parties, communications exchanged
between any of the Parties and the SAC or any of the Conciliators (in case of multi Conciliator
Committee), minutes of meeting/hearings, draft Settlement Agreement(s), expert opinions,
evidence of witness etc. in relation to the Conciliation proceedings.

c) Neither the Parties nor the Conciliator(s) shall rely upon or introduce as evidence or give
testimony regarding any of the following in any arbitration, judicial or similar proceedings:

i. A proposal or alternative proposal by a party, or the willingness of a party to accept a

proposal or alternative proposal during the Conciliation proceedings;

ii. Views expressed during the Conciliation proceedings in respect of a possible settlement
of a dispute or the terms of a possible settlement or otherwise;

iii. Statements or admissions made by a party in the course of the Conciliation

proceedings;

iv. Proposals or suggestions made or views expressed by the SAC;

v. A document prepared solely for purposes of the Conciliation proceedings.

d) The above provisions on confidentiality and admissibility of evidence of the aforesaid

material/ matter shall also extend to any arbitration, judicial or similar proceedings relating
to disputes, which are not the subject matter of the same Conciliation proceedings.

e) No person who has been a part of the Conciliation proceedings including the Conciliator(s), a
Party, witness, or any third party, shall, unless required by applicable law or unless the Parties
agree otherwise in writing, give testimony in any arbitration or judicial or similar proceedings

[92] Procuring Organisation

 Procurement of GOODS

concerning any aspect of the Conciliation proceedings, except in respect of a Signed

Settlement Agreement, if the veracity of the same is in question, doubt or challenge.

f) Subject to the limitations contained in this Rule, evidence that is otherwise admissible in
arbitration or judicial or similar proceedings does not become inadmissible merely as a
consequence of it having been used in a Conciliation proceeding.

16. Judicial or other Proceedings

a) During the course or pendency of a Conciliation proceeding under these Rules; the Parties
shall not initiate or take any step to initiate any judicial or other proceedings in respect of a
dispute, which is subject matter of a pending Conciliation proceeding and if any proceeding is
already pending, then the Party(ies) shall ensure that the same is kept in abeyance/
withdrawn.

b) Subject to the above sub rule (a), reference of any dispute to Conciliation under these Rules
shall be without prejudice to any rights and interest of the Parties involved to resort to Court
or judicial proceedings, in case the Conciliation proceedings fails or terminates.

c) The Conciliation Proceedings under these Rules shall not be deemed to be Arbitration
proceedings and any agreement for conciliation shall not be deemed to be an agreement
between the parties for Arbitration.

17. Personal Exemption of Conciliators

a) A Conciliator shall be given full immunity by both Parties and shall not be held liable for
anything done or omitted to be done by him during the course of a Conciliation proceeding,
whether by way of any civil or criminal action or otherwise howsoever. No Conciliator shall
be summoned or presented by any party as a witness in any arbitration or judicial or similar
proceedings in regard to any information received or action taken by him during the course
of a Conciliation proceeding.

b) No Conciliator shall be engaged by the parties in any arbitration or judicial or similar

proceedings in respect of a dispute which is the subject matter of a Conciliation proceeding.

18. Termination of Conciliation proceedings

The Conciliation Proceedings are terminated:

i. By the signing of the Settlement Agreement by the Parties, on the date of the
Agreement;

or

ii. By a written declaration of the SAC, after consultation with the Parties, to the effect
that further efforts at Conciliation are no longer justified, on the date of the
declaration; or
Section VIII: Qualification Criteria [93]
Tender Document - Tend No./ xxxx

iii. By a joint written declaration of the Parties addressed to the SAC to the effect that the
Conciliation proceedings are terminated, on the date of the declaration; or

iv. By a written declaration of one party to the other Party (or other parties) and the SAC,
to the effect that the Conciliation proceedings are terminated, on the date of
declaration; or

v. On the expiration of the time period specified in Rule 10(a) above for the completion of
a Conciliation proceeding, or any agreed extension thereof by the Parties; or

vi. On the non-payment of fees/expenses as specified under Rule 11 by a Party; or

vii. On the failure of the Parties to appoint a Conciliator to constitute the SAC in
accordance with these Rules.

viii. On disqualification of a Conciliator who is part of the SAC.

19. Miscellaneous

The Management of HPCL may revise, amend or alter these Rules or the Schedule of Fees and

other charges to be charged and paid as and when it may think necessary.

Any matter not covered in these Rules shall be in accordance with the provisions of Part-III of

the Arbitration and Conciliation Act, and in general consonance with the intent of these Rules.

SCHEDULE A

® (To be used at the time of appointment of conciliator)

DECLARATION OF ACCEPTANCE AND INDEPENDENCE BY MEMBERS OF SETTLEMENT ADVISORY

COMMITTEE

Ref: Conciliation between ………………………………and ………………………….. arising out of

contract/agreement (insert details) ………………………….. dated……………

I, the undersigned, do hereby agree to serve, as a member of the Settlement Advisory Committee in
the referred case and hereby make the following declarations:

1. I am familiar with the requirements of the law, particularly the Arbitration and Conciliation Act,1996
and HPCL Conciliation Rules, 2018.

[94] Procuring Organisation

 Procurement of GOODS

2. I am available to serve as a Member of the Settlement Advisory Committee and I am independent

of any of the Parties involved in the referred Conciliation proceeding and have no interest –
business, financial or otherwise - in any part of the contract/Agreement under reference or
subject of the Conciliation proceeding. I am not related to either of the two parties as a serving
employee or consultant or Director or Legal Adviser or a substantial shareholder or being a close
relative of the owner of either party or in any other manner which will affect my independence
or impartiality.

3. I have not dealt earlier with the contract under reference or the subject matter of the Conciliation
proceeding in any manner or capacity, which could compromise my ability, independence or
impartiality to resolve the dispute(s).

4. In future I will not act as an arbitrator or as a representative or counsel of any Party in any arbitration
or judicial or similar proceedings in respect of the dispute which has been referred and which is
the subject matter of the Conciliation proceedings.

5. The fees and other facilities for conciliation, offered to and accepted by me will remain fixed and
under no circumstances will there be any demand from me for any alteration or change or
increase therein, under any nomenclature.

Date:

(Signature)

Name:

Address:

Section VIII: Qualification Criteria [95]

Tender Document - Tend No./ xxxx

BIDDING FORMS

[96] Procuring Organisation

 Procurement of GOODS

Form 1: Bid Form (Covering Letter)

(To be submitted as part of Technical bid, along with supporting documents, if any on Bidder’s
Letter-head)

Bidder’s Name_________________________

[Address and Contact Details]

Sir/ Madam,

Having examined the above mentioned Tender Document, we, the undersigned, hereby submit/
upload our Techno-commercial and Financial bid (Price Schedule) for the performance of Services
and incidental Goods/ Works in conformity with the said Tender Documents.

(Please tick appropriate boxes or strike out sentences/ phrases not applicable to you)

1) Our Credentials:

(a) We are submitting this bid: -

 on our behalf, and there are no agents/ dealers involved in this tender, and hence no
agency agreement or payments/ commissions/ gratuity is involved. Our company law
and taxation regulatory requirements and authorization for signatories and related
documents are submitted in Form 2 (Bidder Information).

Or

 as authorized dealer offering goods manufactured by our OEMs. Our OEM’s law and
taxation regulatory requirements and authorization for signatories and related
documents are submitted.

Or

 as agents/associates of our foreign principals. Our foreign principal’s law and taxation
regulatory requirements, as well as authorization for signatories and related documents,
are submitted.

(b) We……………….. hereby certify that  We/  our Principals/ OEMM/ s………………… are
proven, established, and reputed manufacturers with factories at …………………… which are
fitted with modern equipment and where the production methods, quality control, and
testing of all materials and parts manufactured or used by us shall be open to inspection by
the representative of the Procuring Entity.

2) Our Eligibility and Qualifications to participate

We comply with all the eligibility criteria stipulated in this Tender Document, and the relevant
declarations are made along with documents in Form 3 of this bid-form. We fully meet the qualification
criteria stipulated in this Tender Document, and the relevant details are submitted along with
documents in Form 5: ‘Qualification Criteria - Compliance.

3) Our Bid to supply Goods:

Form 1: bid Form (Covering Letter) [97]

Tender Document - Tend No./ xxxx

We offer to supply the subject Goods of requisite quality and within Delivery Schedules in conformity
with the Tender Document. The relevant details are submitted in Form4: ‘Technical Specifications and
Quality Assurance - Compliance.’

4) Prices:

We hereby offer to perform the Services at our lowest prices and rates mentioned in the separately
uploaded Price-Schedule. It is hereby confirmed that the prices quoted therein by us are:

(a) based on terms of delivery as per tender and

(b) inclusive of: all taxes, duties and the cost of all incidental Goods/ Works considered
necessary to make the proposal self-contained and complete and
(c) based on the terms and mode of payment as stipulated in the Tender Document. We have
understood that if we quote any deviation to terms and mode of payment, our bid is liable
to be rejected as nonresponsive, and
(d) The prices in this offer have been arrived at independently, without restricting
competition, any consultation, communication, or agreement with any other bidder or
competitor relating to:

i) those prices; or
ii) the intention to submit an offer; or
iii) the methods or factors used to calculate the prices offered.

(e)The prices in this offer have neither been nor shall be knowingly disclosed by us, directly or
indirectly, to any other bidder or competitor before bid opening or contract award unless
otherwise required by law.

5) Affirmation to terms and conditions of the Tender Document:

We have understood the complete terms and conditions of the Tender Document. We accept and
comply with these terms and conditions without reservations, although we are not signing and
submitting some of the sections of the Tender Document. Deviations, if any, are submitted by us in
Form 6: ‘Terms and Conditions - Compliance’. We also explicitly confirm acceptance of the Arbitration
Agreement as given in the Tender Document.

6) Bid Security

We have submitted EMD / Bid Securing Declaration (BSD, in lieu of Bid Security) in stipulated format
vide Form 7: ‘Documents Relating to bid security.’

OR

We are exempt from submission of EMD. Bid Security Declaration has been submitted.

(Please strike out sentences/ phrases not applicable to you)

7) Abiding by the Bid Validity

We agree to keep our bid valid for acceptance for a period upto 120 days , as required in the Tender
Document or for a subsequently extended period, if any, agreed to by us and are aware of penalties in
this regard stipulated in the Tender Document in case we fail to do so.

8) Non-tempering of Downloaded Tender Document and Uploaded Scanned Copies

[98] Procuring Organisation
 Procurement of GOODS

We confirm that we have not changed/ edited the contents of the downloaded Tender Document. We
realis that any such change noticed at any stage, including after the contract award, shall be liable to
punitive action in this regard stipulated in the Tender Document. We also confirm that scanned copies
of documents/ affidavits/ undertakings uploaded along with our Technical bid are valid, true, and
correct to the best of our knowledge and belief. If any dispute arises related to the validity and
truthfulness of such documents/ affidavits/ undertakings, we shall be responsible for the same. Upon
accepting our Financial bid, we undertake to submit for scrutiny, on-demand by the Procuring Entity,
originals, and self-certified copies of all such certificates, documents, affidavits/ undertakings.

9) A Binding Contract:

We further confirm that, if our bid is accepted, all such terms and conditions shall continue to be
acceptable and applicable to the resultant contract, even though some of these documents may not
be included in the contract Documents submitted by us. We do hereby undertake that, until a formal
contract is signed or issued, this bid, together with your written Letter of Award (LoA),shall constitute
a binding contract between us.

10) Performance Guarantee and Signing the contract

We further confirm that, if our bid is accepted, we shall provide you with performance security of the
required amount stipulated in the Tender Document for the due performance of the contract. We are
fully aware that in the event of our failure to deposit the required security amount and/ or failure to
execute the agreement, the Procuring Entity has the right to avail any or all punitive actions laid down
in this regard, stipulated in the Tender Document.

11) Signatories:

We confirm that we are duly authorized to submit this bid and make commitments on behalf of the
Bidder. Supporting documents are annexed herewith. We acknowledge that our digital/digitized
signature is valid and legally binding.

12) Rights of the Procuring Entity to Reject bid(s):

We further understand that you are not bound to accept the lowest or any bid you may receive against
your above-referred Tender Document.

……………………..

(Signature with date)

………………………..

(Name and designation)

Duly authorized to sign bid for and on behalf of

[name & address of Bidder and seal of company]

Form 1: bid Form (Covering Letter) [99]

Tender Document - Tend No./ xxxx

Form 2: Bidder Information

(To be submitted as part of Technical bid on Company Letter-head along with supporting
documents, if any)

Bidder’s Name_________________________

[Address and Contact Details]

Note: Bidder shall enclose certified copies of the documentary proof/ evidence to substantiate the
corresponding statement wherever necessary and applicable.

(Please tick appropriate boxes or strike out sentences/ phrases not applicable to you)

1) Bidder/ Contractor particulars:

(a) Name of the Company:…………….

(b) Corporate Identity No. (CIN): ……………………………………..
(c) Registration, if any, with The Procuring Entity: …………………………………..
(d) GeM Supplier ID (if registered with GeM, it is mandatory at the time of placement of
Contract)
(e) Place of Registration/ Principal place of business/ manufacture ………………….
(f) Complete Postal Address: …………………………………………..
(g) Pin code/ ZIP code: ………………………………………………….
(h) Telephone nos. (with country/ area codes): ………………………
(i) Mobile Nos.: (with country/ area codes): ……………………..
(j) Contact persons/ Designation: …………………………………….
(k) Email IDs: …………………………………………………………….

2) Taxation Registrations:

(a) PAN number: ……………………………………………….

(b) Type of GST Registration as per the Act (Normal Taxpayer, Composition, Casual Taxable
Person, SEZ, etc.): ………………………….
(c) GSTIN number: ……………………………………. in Consignor and Consignee States
(d) Registered/ Certified Works/ Factory where the Goods would be mainly manufactured
and Place of Consignor for GST Purpose: ……………….
(e) Contact Names, Nos. & email IDs for GST matters (Please mention primary and
secondary contacts): …………………………………

 We solemnly declare that our GST rating on the GST portal/ Govt. official website is
not negative/ blacklisted.

Documents to be submitted: Self-attested Copies of PAN card and GSTIN Registration.

3) Authorization of Person(s) signing the bid on behalf of the Bidder

(a) Full Name: _____________________________

(b) Designation: ________________________________
(c) Signing as:

 A sole proprietorship firm. The person signing the bid is the sole proprietor/
constituted attorney of the sole proprietor,

[100] Procuring Organisation

 Procurement of GOODS

 A partnership firm. The person signing the bidis duly authorised being a partner to do
so, under the partnership agreement or the general power of attorney,

 A company. The person signing the bid is the constituted attorney by a resolution
passed by the Board of Directors or in pursuance of the Authority conferred by Memorandum
of Association.

Documents to be submitted: Registration Certificate/ Memorandum of Association/ Partnership

Agreement/ Power of Attorney/ Board Resolution

4) Bidder’s Authorized Representative Information

(a) Name:
(b) Address:
(c) Telephone/ Mobile numbers:
(d) Email Address:

(Signature with date)

………………………..

(Name and designation)

Duly authorized to sign bid for and on behalf of

[name & address of Bidder and seal of company]

Form 1.1: Bidder Information [101]

Tender Document - Tend No./ xxxx

Form3: Eligibility Declarations

(To be submitted as part of Technical bid on Company Letter-head along with supporting
documents, if any)

Bidder’s Name_________________________

[Address and Contact Details]

(Please tick appropriate boxes or cross out any declaration not applicable to the bidder)

We hereby confirm that we comply with all the stipulations of NIT-clause 3 and ITB-clause 3.2 and
declare as under and shall provide evidence of our continued eligibility to the Procuring Entity as
may be requested:

1) Legal Entity of Bidder: ____________________________

2) OEM/ Manufacturer/ Agent/ Dealership Status: __________________________

3) We solemnly declare that we (including our affiliates or subsidiaries or constituents):

a) are not insolvent, in receivership, bankrupt or being wound up, not have our affairs
administered by a court or a judicial officer, not have our business activities suspended
and are not the subject of legal proceedings for any of these reasons;
b) (including our Contractors/ subcontractors for any part of the contract):

(i) Do not stand declared ineligible/ blacklisted/ banned/ debarred by HPCL or Ministry/
Department from participation in its Tender Processes; and/ or
(ii) Are not convicted (within three years preceding the last date of bid submission)or
stand declared ineligible/ suspended/ blacklisted/ banned/ debarred by appropriate
agencies of Government of India, Quasi-Government Agencies or PSUs from
participation in Tender Processes of all of its entities, for offences mentioned in
Tender Document in this regard. We have neither changed our name nor created a
new “Allied Firm”, consequent to the above disqualifications.
Note: If a bidder has been banned by any Government or Quasi Government
Agencies or Public Sector Undertakings, this fact must be clearly stated with details.
If this declaration is not given along with the UNPRICED Bid, the tender will be
rejected as non-responsive.

c) Do not have any association (as bidder/ partner/ Director/ employee in any capacity) with
such retired public official or near relations of such officials of Procuring Entity, as counter-
indicated, in the Tender Document in Form 10.
d) We certify that we fulfil any other additional eligibility condition if prescribed in Tender
Document.
e) We have no conflict of interest, which substantially affects fair competition. The prices
quoted are competitive and without adopting any unfair/ unethical/ anti-competitive
means. No attempt has been made or shall be made by us to induce any other bidder to
submit or not to submit an offer to restrict competition.

4) Restrictions on procurement from bidders from a country or countries, or a class of

countries under Rule 144 (xi) of the General Financial Rules 2017: We certify as under:

[102] Procuring Organisation

 Procurement of GOODS

“We have read the clause regarding restrictions on procurement from a bidder of a country
which shares a land border with India and on sub-contracting to contractors from such
countries, and solemnly certify that we fulfil all requirements in this regard and are eligible to
be considered. We certify that:

(a) we are not from such a country or, if from such a country, we are registered with the
Competent Authority (copy enclosed). and;
(b) we shall not subcontract any work to a contractor from such countries unless such
contractor is registered with the Competent Authority.

5) MSME Status:

Having read and understood the Public Procurement Policy for Micro and Small Enterprises
(MSEs) Order, 2012 (as amended and revised till date), and solemnly declare the following:

a) We are - Micro/ Small/ Medium Enterprise/ SSI/ Govt. Deptt. /PSU/ Others:……………
b) We attach herewith, Udhyam Registration Certificate with the Udhyam Registration
Number as proof of ourbeing MSE registered on the Udhyam Registration Portal. The
certificate is the latestup to the deadline for submission of the bid.
c) Whether Proprietor/ Partner belongs to SC/ ST or Women category. (Please specify
names and percentage of shares held by SC/ ST Partners):…………….

6) Start-up Status

we confirm that we are/ are not a Start-up entity as per the definition of the Department of
Promotion of Industrial and Internal Trade – DPIIT.

7) Make in India Status:

Having read and understood the Public Procurement (Preference to Make in India PPP - MII)
Order, 2017 (as amended and revised till date) and related notifications from the relevant
Nodal Ministry/ Department, and solemnly declare the following:

(a) Self-Certification for the category of suppliers:

(Provide a certificate from statutory auditors/ cost accountant in case of Tenders above Rs 10
Crore for Class-I or Class-II Local Suppliers). Details of local content and location(s) at which
value addition is made are as follows:

Local Content and %age

Location(s) of value addition

Therefore, we certify that we qualify for the following category of the supplier (tick the
appropriate category):

Class-I Local Supplier/

Class-II Local Supplier/

Non-Local Supplier.

(b) We also declare that

Form 1.2: Eligibility Declarations [103]

Tender Document - Tend No./ xxxx

There is no country whose bidders have been notified as ineligible on a reciprocal basis
under this order for an offered Goods, or

We do not belong to any Country whose bidders are notified as ineligible on a reciprocal
basis under this order for the offered Goods.

8) Self-Declaration by Indian Agents/ Associates of Foreign Principals

(a) Self-attested documentary evidence about their identity (PAN, Aadhar Card, GSTIN
registration, proof of address, etc.), business details (ownership pattern and documents,
type of firm, year of establishment, sister concerns etc.) to establish that they are a
bonafide business as per Indian Laws – are submitted herewith.
(b) Agency Agreement shall be submitted. It shall cover

(i) the precise relationship, services to be rendered, mutual interests in business -

generally and/ or specifically for the tender and
(ii) any payment the agent or associate receives in India or abroad from the foreign
OEM/ principal, whether a commission or a general retainer fee.

(c) Our Foreign principals, explicitly authorizing us to make an offer in response to the tender,
either directly or in association with them, are listed herewith. That also indicates their
name, address, nationality, status (i.e., whether manufacturer or agents of manufacturer
holding the Letter of Authority of the Principal).
(d) The amount of commission/ remuneration included in the price (s) quoted by Bidder for
agents or associated bidder is detailed.
(e) Confirmation is given herewith from the foreign principals that the commission/
remuneration, reserved for Bidder in the quoted price(s), if any, shall be paid by HPCL in
India, in equivalent Indian Rupees on satisfactory completion of the Project or supplies of
Goods and Spares.

9) Self Declaration of details of other HPCL Vendors

We hereby declare that – (strikeout whichever is not applicable)

a) We do not have any other HPCL vendor who are closely related to us / from the same
family unit

b) We have the following HPCL vendor(s) who are closely related to us / from the same
family unit.

10) Penalties for false or misleading declarations:

We hereby confirm that the particulars given above are factually correct and nothing is
concealed and undertake to advise any future changes to the above details. We understand
that any wrong or misleading self-declaration would violate the Code of Integrity and attract
penalties as mentioned in this Tender Document.

I/We further undertake, that if it is found during the tender stage (before accepting our
bid/placement of Purchase Order by HPCL) that any information or document
furnished/submitted by us is false or incorrect, then we agree that HPCL shall be free to reject
our tender/ bid. If the same is found to be false or incorrect during any stage after accepting
of our bid/ placement of Purchase Order, then HPCL shall have the right to summarily cancel

[104] Procuring Organisation

 Procurement of GOODS

our tender and procure the balance quantity from any alternate source. HPCL shall have the
right to recover the differential amount between the rates of our contract and the rates at
which HPCL is compelled to procure from the alternate source, if the latter rate is higher. To
this effect, the recovery can be made by HPCL by encashing any bank guarantee that we may
have submitted or from any pending bills under this contract or any other contract with HPCL.
Further HPCL shall be at liberty to take any appropriate action as deemed fit in such an
eventuality.

I/we further undertake as and when called upon by Hindustan Petroleum Corporation Limited,
to produce, for its inspection, original(s) of the document(s) of which copies have been
annexed hereto

……………………..

(Signature with date)

………………………..

(Name and designation)

Duly authorized to sign bid for and on behalf of

……………………………………….

……………………………………….

[name & address of Bidder and seal of company]

Form 1.2: Eligibility Declarations [105]

Tender Document - Tend No./ xxxx

Form 4: Technical Specs Compliance & Deviations

(To be submitted as part of technical bid on Company Letter-head)

Bidder’s Name_________________________

[Address and Contact Details]

Note to Bidders: Also highlight deviations from Section VII: Performance and Quality Assurance
requirements maintaining the same numbering and structure. Add additional details not covered
elsewhere in your bid in this regard.

Sl. No. Ref of Technical Specification Subject Confirmation/ Justification/

and Quality Assurance Clause Deviation/ Reason
Exception/
Section Clause/ sub- reservation
Clause

We shall comply with, abide by, and accept without variation, deviation, or reservation all Technical
Specifications, Quality Assurance and Warranty requirements in the Tender Document, except those
mentioned above. If mentioned elsewhere in our bid, contrary terms and conditions shall not be
recognised and shall be null and void.

……………………..

(Signature with date)

………………………..

(Name and designation)

Duly authorized to sign bid for and on behalf of

……………………………………….

[name & address of Bidder and seal of company]

[106] Procuring Organisation

 Procurement of GOODS

Form 5: Qualification Criteria - Compliance

(To be submitted as part of Technical bid along with supporting documents, if any, on Company
Letter-head)

Bidder’s Name_________________________

[Address and Contact Details]

Note to Bidder: Furnish stipulated documents in support of the fulfilment of qualifying criteria. Non-
submission or incomplete submission of documents may lead to rejection of the bid as nonresponsive

Contracting Entity Contract Title, Role in Contract The total value Status as on
– Name and Number and of the order date ----
Address Date

Annual Turnover Data for the Last Three (3) Years (Services only)

Year Turnover Amount

Average Annual Turnover

Form 4: Qualification Criteria - Compliance [107]

Tender Document - Tend No./ xxxx

Documents Attached supporting the compliance to qualification criteria:

Sr Document Attached, duly filled, signed, and copies self-attested

1
2
3
……………………..

(Signature with date)

………………………..

(Name and designation)

Duly authorized to sign bid for and on behalf of

……………………………………….

[name & address of Bidder and seal of company]

[108] Procuring Organisation

 Procurement of GOODS

Form 6: Terms And Conditions- Compliance & Deviations

(To be submitted as part of Technical bid on Company Letter-head)

Bidder’s Name_________________________

[Address and Contact Details]

Note to Bidders: Fill-up this Form regarding Terms and Conditions in the Tender Document, maintaining
the same numbering and structure. Add additional details not covered elsewhere in your bid in this
regard.

Sl. No. Ref of Tender Document Subject Confirmation/ Justification/

Section, Clause Deviation/ Reason
Exception/
Section Clause/ sub- reservation
Clause

We shall comply with, abide by, and accept without variation, deviation, or reservation all terms and
conditions of the Tender Document, except those mentioned above.If mentioned elsewhere in our bid,
contrary terms and conditions shall not be recognised and shall be null and void.

……………………..

(Signature with date)

………………………..

(Name and designation)

Duly authorized to sign bid for and on behalf of

……………………………………….

……………………………………….

[name & address of Bidder and seal of company]

Form 5: Terms and Conditions- Compliance [109]

Tender Document - Tend No./ xxxx

Form 7: Bid Security in lieu of EMD.

Note: . Bidders exempted from submission of EMD are required to submit a Bid Securing Declaration
In lieu of EMD on Company Letter-Head as part of Technical bid, in the following format.

Bid Securing Declaration

Bidder’s Name_________________________

[Address and Contact Details]

Sir/ Madam,

We, the undersigned, solemnly declare that:

We understand that according to the conditions of this Tender Document, the bid must be supported
by a Bid Securing Declaration in lieu of Bid Security.

We unconditionally accept the conditions of this Bid Securing Declaration. We understand that we shall
stand automatically suspended from being eligible for bidding in any tender of HPCL for 2 years from
the date of opening of this bid if we breach our obligation(s) under the tender conditions if we:

1) withdraw/ amend/ impair/ derogate, in any respect, from our bid, within the bid validity; or

2) being notified within the bid validity of the acceptance of our bid by the Procuring Entity:

(a) refused to or failed to produce the original documents for scrutiny or the required
Performance Security within the stipulated time under the conditions of the Tender
Document.
(b) Fail or refuse to sign the contract.

We know that this bid-Securing Declaration shall expire if the contract is not awarded to us, upon:

1) receipt by us of your notification

(a) of cancellation of the entire tender process or rejection of all bids or

(b) of the name of the successful bidder or

2) forty-five days after the expiration of the bid validity or any extension to it.

(Signature with date)

………………………..

(Name and designation)

Duly authorized to sign bid for and on behalf of……………………….

[name & address of Bidder and seal of company]

Dated on …………. day of ………….. [insert date of signing]

Place……………………………………[ insert place of signing]

[110] Procuring Organisation

 Procurement of GOODS

Form 8: Integrity Pact

Form 8: Integrity Pact

(To be signed on Plain Paper, to be submitted as part of Technical bid)

Tender Document No. Tend No./ xxxx; Tender Title: Non-consultancy Services

INTEGRITY PACT

Between

Hindustan Petroleum Corporation Limited (HPCL) hereinafter referred to as “The Buyer”,

and

………………………………………………………………………………………………………. hereinafter referred to as “The

Bidder/ Seller/ Contractor”

Preamble

The Buyer intends to award, under laid down organizational procedures, contract for ……………………….
…………………………………………. The Buyer values full compliance with all relevant laws of the land, rules,
regulations, economic use of resources and of fairness /transparency in its relations with its Bidder and
/ or Seller and / or Contractor.

In order to achieve these goals, the Buyer will appoint Independent External Monitors (IEMs) who will
monitor the tender process and the execution of the contract for compliance with this Integrity Pact.
The details of IEMs appointed by the Buyer are provided in the Tender Document.

In this Integrity Pact:-

a) The term Bidder/ Seller/ Contractor shall mean the party submitting the bid (or, as the case
maybe, who enters into a contract with Buyer);

b) For the purposes of Section 5, the term “transgression” shall mean a wrong, violation or offence
of the nature specified in Section 2 of this Pact.

Section 1 – Commitments of the Buyer

1. The Buyer commits itself to take all measures necessary to prevent corruption and observe the
following principles: -
a) No employee of the Buyer, personally or through family members or
intermediaries will, in connection with the tender or the execution of the contract,
demand, take a promise for or accept, for self or any third person, any material or other
benefit, which the person is not legally entitled to.
b) The Buyer will during the tender process treat all Bidder / Seller / Contractor
with equality and reason. The Buyer will in particular, before and during the tender
process, provide to all Bidders / Sellers / Contractors the same information and will not
provide to any Bidder / Seller / Contractor confidential / additional information through
Form 8: Integrity Pact [111]
Tender Document - Tend No./ xxxx

which any Bidder / Seller / Contractor could obtain an advantage in relation to the tender
process or the contract execution.
c) The Buyer will exclude from the process all known prejudiced persons.
2. If the Buyer obtains information on the conduct of any of its employees, which is a criminal
offense under the Indian Penal Code (IPC) or Prevention of Corruption Act (PC Act), or if there
be a substantive suspicion in this regard, the Buyer will inform the Chief Vigilance Officer and
in addition can initiate disciplinary actions.

Section 2 – Commitments of the Bidder/Seller/Contractor

1. The Bidder/Seller/Contractor commit themselves to take all measures necessary to prevent

corruption. The Bidder/Seller/Contractor commit themselves to observe the following
principles during participation in the tender process and during the contract execution.

a) The Bidder/Seller/Contractor will not directly or through any other person or firm,
offer, promise or give to any of the Buyer’s employees involved in the tender process or
the execution of the contract or to any third person any material or other benefit which
he/she is not legally entitled to, in order to obtain in exchange, any advantage of any kind
whatsoever during the tender process or during the execution of the contract.

b) The Bidder/Seller/Contractor will not enter into any undisclosed agreement or

understanding with any other Bidders/Sellers/Contractors, whether formal or informal.
This applies in particular to prices, specifications, subsidiary contracts, submission or non-
submission of bids or any other actions to restrict competitiveness or to introduce
cartelization in the bidding process.

c) The Bidder/Seller/Contractor will not commit any offence under the relevant IPC/PC
Act; further the Bidder/Seller/Contractor will not use improperly, for purposes of
competition or personal gain, or pass on to others, any information or document
provided by the Buyer as part of the business relationship, regarding plans, technical
proposals and business details, including information contained or transmitted
electronically.

d) The Bidder/Seller/Contractor of foreign origin shall disclose the name and address of
the agents /representatives in India, if any. Similarly, the Bidder/Seller/Contractor of
Indian Nationality shall furnish the name and the address of the foreign owner/ holding
company, if any. All payments made to Indian agents/ representatives have to be in Indian
Rupees only. If Bidder/Seller/ Contractor is an Agent, then either the Agent or the
Principal can bid, but not both. No Bidder/ Seller/ Contractor shall submit more than one
bid. No Agent is permitted to represent more than one manufacturer either in this
tender/subsequent/parallel tender for the same item.

[112] Procuring Organisation

 Procurement of GOODS

e) The Bidder/Seller/Contractor will when presenting its bid, disclose any and all
payments made or which is committed to or intended to be made to agents, brokers or
any other intermediaries in connection with the award of the contract.

f) Bidder /Seller / Contractor who have signed IP shall not approach the Courts while
representing the matter before the IEMs and shall await the decision of the IEMs in the
matter.
1. The Bidder/Seller/Contractor will not instigate any third person to commit offences outlined
above or be an accessory to such offences.

Section 3 –Disqualification from tender process and exclusion from future contracts, etc.

If the Bidder/Seller/Contractor, before award of contract or during its execution, has committed a
transgression through a violation of Section 2, above or in any other form such as to put their
reliability or credibility in question, the Buyer is entitled to take all or any one of the following
actions: -

1. To disqualify the Bidder/ Seller/Contractor from the tender process. However, the tender
process with other Bidders/Sellers/Contractors will continue.

2. To terminate the contract if already signed.

3. To debar the Bidder/Seller/Contractor from participating in other /future tenders of the

buyer for an appropriate period of time as per Buyer’s guidelines.

4. To inform its CVO in case of acts constituting corruption or take any other action.

Section 4 –Compensation for Damages

1. If the Buyer has disqualified the Bidder/Seller/Contractor from the tender process prior to
the award of contract according to Section 3, the Buyer is entitled to forfeit, demand and/or
recover from Bidder/Seller/Contractor, damages equivalent to the Earnest Money Deposit/
Bid Security.

2. If the Buyer has terminated or is entitled to terminate the contract according to Section 3,
the Buyer shall be entitled to demand and recover from the Bidder/Seller/Contractor
liquidated damages equivalent to Performance Bank Guarantee, unless stipulated
otherwise elsewhere in the Contract.

Section 5 – Previous transgression

1. The Bidder / Seller / Contractor declares that no previous transgressions have occurred in
the last three years with any other Company in any country conforming to the anti-
Form 8: Integrity Pact [113]
Tender Document - Tend No./ xxxx

corruption approach or with any Public Sector Enterprise in India or Government of India,
that could justify his exclusion from the tender process.

2. If a previous transgression has occurred or if the Bidder/ Seller/ Contractor makes any
incorrect statement on this subject, he can be disqualified from the tender process or
contract terminated and further action can be taken as per the procedure mentioned in
“Guidelines for Holiday Listing (Banning of business dealing)”. The link for the Guidelines is
given in the tender documents.

Section 6 – Equal treatment of all Bidders / Sellers / Contractors

1. In case of sub-contracting, the Bidder/ Seller/ Contractor shall take the responsibility of the
adoption of the Integrity Pact by the sub-contractor.

2. The Buyer will enter into Integrity Pact with identical conditions as this one with all Bidders
/Sellers/ Contractors.

3. The Buyer will disqualify from the tender process all Bidders / Sellers/ Contractors who do
not sign this Pact or violate its provisions.

Section 7 – Independent External Monitor

1. The Buyer has appointed competent and credible Independent External Monitors (IEMs) for
this Pact after approval by Central Vigilance Commission. The task of the Monitors is to
review independently and objectively, whether and to what extent the parties comply with
the obligations under the Integrity Pact.

2. The Monitors are not subject to instructions by the representatives of the parties and
perform their functions neutrally and independently. The Monitors shall have the right to
access all contract documents whenever required. It will be obligatory for him/ her to treat
the information and documents of the BIDDER/ SELLER/CONTRACTOR, as confidential.

3. The Bidder/ Seller/ Contractor accepts that the Monitors have the right to access without
restriction to all project documentation of the Buyer including that provided by the Bidder/
Seller/ Contractor. The Bidder/ Seller/Contractor will also grant the Monitors, upon their
request and demonstration of a valid interest, unrestricted and unconditional access to their
project documentation. The same is applicable to sub-contractors.

4. The Monitor is under contractual obligation to treat the information and documents of the
Bidder(s)/ Sellers/ Contractor(s)/ Sub-contractor(s) with confidentiality. The Monitors shall
have no Conflict of Interest while dealing with any case or with any party. If any conflict
arises, then that Monitor shall inform the C&MD of Buyer and recuse himself from that case/
matter.

[114] Procuring Organisation

 Procurement of GOODS

5. The Buyer will provide to Monitors sufficient information about all meetings related to any
complaint of violation of Integrity Pact and arrange for necessary facilities for smooth
conduct of the meetings of the Monitors.

6. As soon as the Monitor notices or believes to notice, a violation of this agreement, he/she
will so inform the C&MD of the Buyer and request Management to discontinue or take
corrective action, or take other relevant action. The Monitor can in this regard submit non-
binding recommendations. Beyond this, the Monitor has no right to demand from the
parties that they act in a specific manner, refrain from action or tolerate action.

7. The Monitor will submit the written report to the C&MD of Buyer within 30 days from the
date of reference or information to them by the Buyer.

8. If the Monitors have reported to the C&MD of Buyer a substantiated suspicion of an offence
under relevant IPC/ PC Act, and the Buyer has not within a reasonable period of time taken
action to proceed against such offence or report it to its CVO, the Monitor may also transmit
this information directly to the Central Vigilance Commission.

9. The word ‘Monitor’ would include both singular and plural.

Section 8 – Pact Duration

The Integrity Pact shall come into force and be valid from the date it is signed by the BIDDER/
SELLER/ CONTRACTOR and shall remain valid up to 12 months after the last payment to the
contractor. In case any BIDDER / SELLER /CONTRACTOR is unsuccessful, the Integrity Pact for such
Bidder/Seller/Contractor shall expire after 6 months following the date of placement of Contract/
PO on the successful Bidder/Seller/Contractor.

If any claim of violation of the Integrity Pact is made/ lodged during the validity period, the same
shall be binding and continue to be valid, even after the period stipulated above, unless
discharged/ determined by Buyer.

Section 9 – Other provisions

1. The Integrity Pact is subject to Indian Law. The place of performance and jurisdiction of courts
shall be in India. The Arbitration Clause in the main tender document/ contract shall not be
applicable to any issue/ dispute arising out of or in relation to the Integrity Pact.

2. The actions stipulated in the Integrity Pact are without prejudice to any other legal action that
may be taken in accordance with the provisions of the extant law in force relating to contracts
or any civil or criminal proceedings.

3. If the BIDDER/SELLER/CONTRACTOR is a Joint Venture /partnership/consortium, the Integrity

Pact must be signed by authorized personnel of each of the partners or consortium members.
Form 8: Integrity Pact [115]
Tender Document - Tend No./ xxxx

4. The signatories are duly authorized to sign and bind the Buyer/ Bidder/ Contractor/ Seller.
Any amendment to the Integrity Pact will be made only by a written agreement between the
Parties.

5. Issues like Warranty/ Guarantee etc. shall be outside the purview of the Independent External
Monitors.

6. References to singular includes the plural and vice versa. References to “them” or
“themselves” shall include a reference to “it” or “itself” and vice versa.

7. Should one or several provisions of this agreement turn out to be invalid, the remainder
provisions of this agreement remains valid. In this case, the parties will strive to come to an
agreement as to their original intentions. This Pact shall have precedence over the Tender/
Contract document with regard to any of the provisions covered under this Pact.

HPCL

________________________ ______________________________

For and on behalf of the Buyer For and on behalf of the Bidder/

Document signed Seller/Contractor

SAKET KALIKAR Date:

DGM – Category Management- CPO Name:

Designation:

Seal/ Stamp

The guidelines for Holiday Listing as adopted and available on HPCL website shall be applicable to
all tenders floated and all Purchase Orders/ Contracts placed by HPCL.

The list of Independent External Monitors (IEMs) are displayed on the HPCL website
www.hindustanpetroleum.com and also in the NIT to this tender.

[116] Procuring Organisation

 Procurement of GOODS

Form 9: Declaration on GST

(The following declarations should be typed on the letter head of the tenderer and should be duly
signed by an authorized signatory clearly stating the name and designation of the signatory)

DECLARATION ON GST

Payment of GST and filing of GST Returns to enable Hindustan Petroleum Corporation Limited to
avail Input Tax Credit (ITC) correctly

With reference to Payment of GST & filing GST Returns for availing Input Tax Credit (ITC) by HPCL as
per GST provisions for the Invoices raised by us, we hereby declare as follows:

(1) We have disclosed all the facts relating to our Firm / Company to M/s Hindustan Petroleum
Corporation Limited.

(2) We hereby declare that we have agreed to pay GST to the respective GST Authorities. In this
connection, we hereby agree to furnish to you proof of payment of GST.

(3) We hereby declare that we will file GST Returns as per GST provisions. In this connection, we
hereby agree and undertake to furnish you proof of electronically filed GST Returns.

(4) We hereby agree as under:-

i. We will be fully responsible for complying with the GST provisions to enable HPCL to
take Input Tax Credit. In case, HPCL is not able to take Input Tax Credit due to any non
compliance/default/negligence of the seller of goods/service provider, the same shall
be recovered from the pending bills/dues (including security deposit, BG etc.)

ii. In case of rejection of ITC by the concerned Tax Authority, for non filing of GST or non-
payment of GST amount by us or for any other reasons attributable to us, we hereby
agree to indemnify Hindustan Petroleum Corporation Limited in full against all the loss
including consequences, liabilities of any kind whatsoever, directly arising from denial
of ITC including interest and penalty.

We hereby agree and confirm that –

any breach of the above declaration shall be construed as breach of the terms and conditions w.r.t.
GST and Hindustan Petroleum Corporation Limited shall be at liberty to take necessary action like
Holiday listing (banning of Business dealings) and/or recovering of amounts mentioned in para 4 (ii)
above, from:

a) any of our Bank Guarantee executed in your favour, if any,

b) Retention / Security Deposit paid for any of your work, if any or

Form 8: Integrity Pact [117]
Tender Document - Tend No./ xxxx

c) Other unpaid invoices, if any raised by us on Hindustan Petroleum Corporation Limited

Name of Bidder _________________________________

Signature & Seal of Bidder _________________________

Form 10: Declaration on Relative of Director

The Tenderer is required to state whether he/ she is a relative of any Director of HPC or the tenderer
is a firm in which Director of HPC or his relative is a partner or is any other partner of such a firm or
alternatively the Tenderer is a private company in which Director of HPC is member or Director, (the
list of relative(s) for this purpose is given below)

N.B: Strike off whichever is not applicable. If the tenderer employs any person subsequent to signing
the above declaration and the employee so appointed happens to be relative of the Officer of the HPC/
Central/ State Government, the tenderer should submit another declaration furnishing the names of
such employees who is/are related to the Officer/s of the HPC/ Central/State Government.

Date: ______________ Name: ________________________

Place: ______________ Designation: ___________________

LIST OF RELATIVES

A person shall be deemed to be a relative of another, if any and only if,

i) He / She / They are members of Hindu Undivided family or

ii) He / She / They are Husband & Wife or

iii) The one is related to the other in the manner indicated below.

1. Father 12. Son’s Daughter

2. Mother (including Step Mother) 13. Son’s Daughter’s Husband

3. Son (including Step Son) 14. Daughter’s Husband

4. Son’s Wife 15. Daughter’s Son

5. Daughter (including Step Daughter) 16. Daughter’s Son’s Wife

6. Father’s Father 17. Daughter’s Daughter

7. Father’s Mother 18. Daughter’s Daughter’s Husband

8. Mother’s Mother 19. Brother (including Step Brother)

9. Mother’s Father 20. Brother’s Wife

10. Son’s Son 21. Sister (including Step Sister)

[118] Procuring Organisation

 Procurement of GOODS

11. Son’s Son’s Wife 22. Sister’s Husband

Form 8: Integrity Pact [119]

Tender Document - Tend No./ xxxx

FORMATS

[120] Procuring Organisation

 Procurement of GOODS

Format 1: FORMAT OF BANK GUARANTEE IN LIEU OF EARNEST MONEY

(On Non-Judicial stamp paper of appropriate value)

TO: Hindustan Petroleum Corporation Limited

(Address as applicable)

IN CONSIDERATION OF MESSRS. HINDUSTAN PETROLEUM CORPORATION LIMITED a Government of

India Company registered under the Companies Act, 1956, having its registered office at 17, Jamshedji
Tata Road, Bombay-20 (hereinafter called "The Corporation" which expression shall include its
successor in business and assigns) issued a tender on Messrs. ................................................ a
partnership firm/sole proprietor business/a company registered under the Companies Act, 1956
having its office at (hereinafter called "the Tenderer" which expression shall include its executors,
administrators and assigns) against Tender no............ dated .................... (hereinafter called "the
tender" which expression shall include any amendments/ alterations to "the tender" issued by "the
Corporation") for the supply of goods to/execution of services for "the Corporation" and "the
Corporation" having agreed not to insist upon immediate payment of Earnest Money for the fulfilment
of the said tender in terms thereof on production of an acceptable Bank Guarantee for an amount of
`....... (Rupees ................................. only).

1. We, ................................... Bank having office at ..................................................... Bombay

(hereinafter referred to as "the Bank" which expression shall include its successors and assigns)
at the request and on behalf of "the Tenderer" hereby agree to pay to the Corporation without
any demur on first demand an amount not exceeding `........... (Rupees ......................................
only) against any loss or damage, costs, charges and expenses caused to or suffered by "the
Corporation" by reason of non performance and fulfilment or for any breach on the part of "the
Tenderer" of any of the terms and conditions of the said "tender".

2. We, ........................................ Bank further agree that "the Corporation" shall be sole Judge
whether the said "Tenderer" has failed to perform or fulfill the said "tender" in terms thereof or
committed breach of any of the terms and conditions of "the order" and the extent of loss,
damage, cost, charges and expenses suffered or incurred or would be suffered or incurred by
"the Corporation" on account thereof and we waive in favour of "the Corporation" all the rights
and defences to which we as guarantors and/or "the Tenderer” may be entitled to.

3. We, ................................. Bank further agree that the amount demanded by "the Corporation"
as such shall be final and binding on "the Bank" as to "the Bank" 's liability to pay and the amount
demanded and "the Bank" to undertake to pay "the Corporation" the amount so demanded on
first demand and without any demur notwithstanding any dispute raised by "the Tenderer" or
any suit or other legal proceedings including arbitration pending before any court, tribunal or
arbitrator relating thereto, our liability under this guarantee being absolute and unconditional.

Format 1.: Price Schedule [121]

Tender Document - Tend No./ xxxx

4. We, ....................................... Bank further agree with "the Corporation" that "the Corporation"
shall have the fullest liberty without our consent and without affecting in any manner our
obligations hereunder to vary any of the terms and conditions of the said "tender"/or to extend
time of performance by "the Tenderer" from time to time or to postpone for any time to time
any of the powers exercisable by "the Corporation" against"the Tenderer" and to forbear to
enforce any of the terms and conditions relating to "the tender" and we shall not be relieved
from our liability by reason of any such variation or extension being granted to "the Tenderer"
or for any forbearance, act or omission on the part of "the Corporation" or any indulgence by
"the Corporation" to "the tenderer" or by any such matter or things whatsoever which under
the law relating to sureties would but for this provision have the effect of relieving us.

5. NOTWITHSTANDING anything hereinbefore contained, our liability under this Guarantee is

restricted to ` ......... (Rupees....................................... only). Our liability under this guarantee
shall remain in force until expiration of six months from the due date of opening of the said
"tender". Unless a demand or claim under this guarantee is made on us in writing within said
period, that is, on or before .................................... all rights of "the Corporation" under the said
guarantee shall be forfeited and we shall be relieved and discharged from all liabilities
thereunder.

6. We, ........................................ Bank further undertake not to revoke this guarantee during its
currency except with the previous consent of "the Corporation" in Writing.

7. We, ......................................... Bank lastly agree that "the Bank" 's liability under this guarantee
shall not be affected by any change in the constitution of "the Tenderer".

8. "The Bank" has power to issue this guarantee in favour of "the Corporation" in terms of the
documents and/or the Agreement/Contract or MOU entered into between "the Tenderer" and
"the Bank" in this regard

IN WITNESS WHEREOF the Bank has executed this document on this .......................... day of
........................

For ........................ Bank

(by its constituted attorney)

(Signature of a person authorized

to sign on behalf of "the Bank”)

[122] Procuring Organisation

 Procurement of GOODS

Format 2: Composite Bank Guarantee Format for Performance Security / Security Deposit /
Retention Money

(On Non-Judicial stamp paper of appropriate value)

To: Hindustan Petroleum Corporation Limited

(Respective address)

IN CONSIDERATION OF MESSRS. HINDUSTAN PETROLEUM CORPORATION LIMITED, a Government of

India Company registered under the Companies Act, 1956, having its registered office at 17, Jamshedji
Tata Road, Bombay-20 (hereinafter called "The Corporation" (which expression shall include its
successor in business and assigns) having placed an order on Messers ............................ a partnership
firm/sole proprietor business/a company registered under the Companies Act, 1956 having its office
at .............. (hereinafter called "the supplier" (which expression shall include executors, administrators
and assigns) vide order No....................... dated.............. (hereinafter called "the order" which
expression shall include any amendments/alterations to "the order" issued by "the Corporation") for
the supply of goods to/execution of services for "the Corporation" and "the Corporation" having
agreed:

a. not to insist upon immediate payment of Security deposit for the fulfilment and performance
of the said order.
b. to pay "the supplier" as and by way of advance upto a sum of Rupees NIL (Rupees NIL only)
being NIL % of the value of "the order";
c. that "the supplier" shall furnish a security for the performance of "the supplier's" obligations
and/or discharge of "the supplier's" liability in connection with the said "order"; and "the
Corporation" having agreed with "the supplier" to accept a composite Bank Guarantee for the
mobilization advance, security deposit, retention money and performance guarantee
1. We, .................................................... Bank having office at ............................................
(hereinafter referred to as "the Bank" which expression shall include its successors and assigns)
at the request and on behalf of "the supplier" hereby agree to pay to "the Corporation" without
any demur on first demand an amount not exceeding Rs. ………/-(Rupees. ………… only) against any
loss or damage, costs, charges and expenses caused to or suffered by "the Corporation" by reason
of non performance and fulfilment or for any breach on the part of "the supplier" of any of the
terms and conditions of the said "order".

2. We, ............................. Bank further agree that "the Corporation" shall be sole judge whether the
said "Supplier" has failed to perform or fulfill the said "order"in terms thereof or committed
breach of any terms and conditions of "the order" and the extent of loss, damage, cost, charges
and expenses suffered or incurred or would be suffered or incurred by "the Corporation" on
account thereof and we waive in the favour of "the Corporation" all the rights and defenses to
which we as guarantors and/or "the Supplier" may be entitled to.
3. We, ................................. Bank further agree that the amount demanded by "the Corporation" as
such shall be final and binding on "the Bank" as to "the Bank" 's liability to pay and the amount
demanded and "the Bank" undertake to pay "the Corporation" the amount so demanded first

Format 2: Bank Guarantee Format for Performance Security [123]

Tender Document - Tend No./ xxxx

demand and without any demur notwithstanding dispute raised by "the Supplier" or any suit or
other legal proceedings including arbitration or conciliation pending before any court, tribunal or
arbitrator or conciliator(s) relating thereto, our liability under this guarantee being absolute and
unconditional.
4. We, .................................. Bank further agree with "the Corporation" that "the Corporation"
shall have the fullest liberty without our consent and without affecting in any manner our
obligations hereunder to vary any of the terms and conditions of the said "order"/or to extend
time of performance by "the Supplier" from time to time or to postpone for any time to time any
of the powers exercisable by "the Corporation" against "the Supplier" and to forbear to enforce
any of the terms and conditions relating to "the order" and we shall not be relieved from our
liability by reason of any such variation or extension being granted to "the Supplier" or for any
forbearance, act or omission on the part of "the Corporation" or any indulgence by "the
Corporation" to "the Supplier" or by any such matter or things whatsoever which under the law
relating to sureties would but for this provision have the effect of relieving us.
5. However, it has been agreed between "the Supplier" and "the Corporation" that there shall be
only one Composite Bank Guarantee for both the advance and security deposit performance
guarantee/Retention Money @ of 5% (i.e. Rs………… Rs. ……. only) valid till the end of the defects
liability period as per the terms of the P.O. No……………….. dated…………….. .This guarantee
automatically, shall stands valid to words 5% (i.e.Rs. …………../- Rupees ………. only) retention
money/defects liability, fully valid in all respects unto a further period of 3 (three) months i.e.
upto ………………., as per the Purchase Order of "the Corporation".
6. Notwithstanding anything contained herein above:

i. Our liability under this guarantee shall not exceed Rs. ……………./-(Rs……………. only)
ii. This Bank Guarantee shall be valid upto ……………….
iii. We are liable to pay the guarantee amount or any part thereof under this Bank
Guarantee only and only if you serve upon us a written claim or demand on or before
the expiry of 30 days from the date of expiry of this guarantee.
7. We, ........................................ Bank further undertake not to revoke this guarantee during its
currency except with the previous consent of "the Corporation" in writing.
8. We, ......................................... Bank lastly agree that "the Bank"'s liability under this guarantee
shall not be affected by any change in the constitution of "the Supplier".
9. "The Bank" has power to issue this guarantee in favour of "the Corporation" in terms of the
documents and/or the Agreement/Contract or MOU entered into between "the Supplier" and
"the Bank" in this regard.

IN WITNESS WHEREOF the Bank has executed this document on this .............................

day of ...........................

For ........................ Bank

(by its constituted attorney)

(Signature of a person authorized to sign on behalf of "the Bank")*

[124] Procuring Organisation

 Procurement of GOODS

Format 2: Bank Guarantee Format for Performance Security [125]

 APPENDIX : CODE OF CONDUCT FOR ASSOCIATES OF HINDUSTAN PETROLEUM CORPORATION
LIMITED

Introduction

HPCL has a vision of being a world class energy company known for caring and delighting the
customers while providing business prosperity. It has also envisioned to being a model of excellence
in meeting social commitment, environment, health and safety norms and employee welfare. HPCL
has always believed in creating shared values and delivering happiness through its various initiatives
that have touched millions of lives.

Aligned to its vision, HPCL is committed to conducting its operation in an ethical, legal and socially
responsible manner which is compatible with overall environmental, social and economic
development. This commitment depends not only on its own employees but also on its Associates.

This Code of Conduct for Associates outlines HPCL’s expectations for its “Associates” to comply with
in their business transactions with HPCL and in their business transactions with their own employees,
suppliers, sub-contractors and any other stakeholders.

Definitions and Interpretation

In this Code, unless repugnant to the meaning or context thereof, the following expressions shall have
the meaning given to them below:

The term “Associate” means the Vendor / Party / Supplier/ Contractor / Consultant / Bidder /
Licensor/ Dealer / Distributor / Clearing and Forwarding Agent” and includes a public limited
company or a private limited company, a joint venture, consortium, HUF, a partnership firm whether
registered or not, Limited Liability Partnership, an individual, cooperative society or an association or
a group of persons engaged in any commerce, trade, industry etc .

The term “the Company” shall mean HPCL.

Applicability

In this Code, words importing the masculine shall include feminine and words importing singular shall
include the plural or vice versa.

[126]
This Code of Conduct is applicable to all Associates of the Company. Any Associate supplying goods
and or services to the Company or any Associate marketing the goods of the Company or any
Associate intending to establish a business relationship with the Company agrees to follow this Code
of Conduct.

The Code is not a summary of all the laws, standards and policies that the Associate need to
mandatorily follow. The Code does not in any way dilute Associate’s legal obligations and it does not
override the agreed contractual terms and are in fact in addition to it.

This Code of Conduct should be read in conjunction with all applicable policies and laws related to
procurement and other Governmental, Regulatory and statutory requirements as also compliances
with statutes, rules and regulations and contractual liabilities of the Associates.

Commitment to Sustainability and its Expectations from the Associates

The Associate understands that responsible business ethos is the foundation of a solid, sustainable
business and is ingrained in HPCL’s Vision, Mission and Values. Sustainability for HPCL means holistic
awareness, ethical conduct, domain expertise and a firm commitment to cater to the nation’s energy
needs through sustainable business practices.

HPCL encourages and expects its Associates to actively promote and adopt Sustainable Development
practices within their operations and within their own supply chains as referred to in this Code of
Conduct.

Associates are expected to make best effort to practice this code of conduct in their business
operations and within their own supply chains and stakeholders and enhance awareness among their
employees and associates on topics related to responsible business conduct.

The Company at its discretion can seek information or carry out assessment of its Associates on
Health and safety practices, working conditions, human rights and parameters like harassment,
discrimination at workplace, child labour, forced labour/ involuntary labour, wages, corruption,
bribery, metrics related to environmental impacts, and related trainings thereof.

Human Rights

[127]
The Company as a responsible corporate citizen supports the Ten Principles of the United Nations
Global Compact in the areas of Human Rights, Labour, Environment and Anti-Corruption as available
at https://www.hindustanpetroleum.com/pages/un-global-compact

The Company expects that its Associates are aligned towards the said Principles of the United Nations
Global Compact in their businesses and Supply chains to respect and support internationally-
proclaimed human rights. It expects its Associates’ to act with due diligence to avoid infringing the
rights of others, which includes addressing any negative human rights impacts related to their
business.

Employment Practices & Legal Compliances

At a minimum, Associates will comply with all applicable local laws and national and international
laws and regulations, as applicable to them, related to employment practices and working conditions
that apply to the conduct of their business with the Company including but not limited to:

Child Labour: Associates shall only employ individuals who meet applicable local minimum age
requirements. No labour below the age of eighteen years shall be employed on the work.

No Forced Labor: Employment should be voluntary and freely chosen. Associates will not utilize
forced or bonded labor, involuntary labor, human trafficking, modern-day slavery and will not resort
to coercion, intimidation, or harassment (direct or indirect, verbal or physical) etc. The said
Employment with Associate shall be voluntary and employees shall be free to leave their employment
in compliance with applicable laws.

Wages and Hours: Associates will provide wages and benefits that comply with applicable laws and
agreements, including minimum wage, leaves, overtime, work hour as per rules, meal and rest
periods and mandatory benefits and have appropriate records of these in place.

Non-discrimination: Associates will comply with all laws prohibiting discrimination in hiring and
employment practices on the basis of race, religion, creed, national origin or ancestry, gender, age,
disability or other status which is not based on the inherent requirements of the work. Associates will
not discriminate, harass or penalize workers or worker representatives on the rights of their freedom
of association and collective bargaining.

Freedom of Association and Collective Bargaining: Associates will respect workers’ rights to form
and join organizations/union/association of their choice and to bargain collectively without unlawful

[128]
interference. Associate shall endeavor to uphold the dignity of its employees at all times and work
towards establishing and reinforcing a positive work culture.

Health & Safety: Associates will provide their employees with a safe, healthy and hygienic working
environment in compliance with all laws and regulations applicable to its operations, including but
not limited to training, adequate safety and emergency procedures, accident preventions initiatives
and minimizing hazardous inherent in the working environment, safety equipment, management of
hazardous materials, and housekeeping.

Ethical Business (Anti-Corruption and Bribery) Practices Associates are expected to adopt ethics of
highest standards and a very high degree of integrity, quality, commitment and sincerity towards the
work undertaken while conducting business. Associates will be fully committed to eliminate
corruption from business transactions in any of the forms including bribery, facilitation payments,
extortion, money laundering, and other illegal or unethical gratuities.

Confidentiality: Associates shall safeguard confidential information pertaining to the Company and
not share outside the appropriate circle of communication such information or deal with such
confidential information in accordance with the confidential agreement, if executed.

Fair Competition:

The Associate shall compete in a fair manner in compliance with all applicable Competition laws and
regulations in the jurisdiction in which they are operating and shall have standards and procedures
to ensure that its activities are not in violation of in any applicable Competition law/regulations. Thus,
the Associate shall not engage in collusive bidding, price fixing, price discrimination or any other
unfair trade practices.

Environment

The Company encourages and expects its Associates to actively participate, promote and adopt
Sustainable Development practices in its dealings with the Company, within their operations and
within their own supply chains in the areas including but not limited to optimum utilisation of energy,
water, raw materials, resource optimisation and conservation, environment-friendly processes,
minimising Greenhouse gas emissions, capability building etc.

[129]
Associate will:

Conduct business in accordance with applicable local and national environmental

regulations/legislations and operate in a manner that does not pose risks to the environment and
promotes sustainable development.

- Monitor, control and appropriately manage water, air emissions and waste in its operations in
compliance with applicable legislation.
- Enhance awareness to understand the underlying causes to climate change and identify and
contribute in mitigation opportunities wherever practical at their end.

Acknowledgement of the Code

All associates in business conduct with the Company will acknowledge having read and understood
the contents of this code and voluntarily confirm compliance from time to time to this Code.

Amendments to the Code

As a part of the ongoing Sustainable development agenda and newer insights on sustainable
development goals, the provisions of this Code can be amended/ modified by the Company from time
to time for further improvements.

The most recent version of the code is available on the Company’s Corporate Website at:
www.hindustanpetroleum.com

Disclosures and Reporting Violations

Associates will promptly disclose to the Company any actual or suspected incidents of violations of
this code whether by its employees or HPCL’s own employees to the following link:
https://hindustanpetroleum.com/pages/Public-Grievance-Redressal. HPCL shall maintain
confidentiality to the extent possible of all such disclosures and shall endeavor to fairly assess all
issues raised through such disclosures and resolve it.

Implications of Non-Compliance

Failure to comply with the standards set forth in this code or non-implementation of any corrective
measures will entitle the Company to notify appropriate authorities/ regulators without recourse to
the Associate and/or Suspend or terminate the agreement with the associate and/or take suitable

[130]
action including appropriate legal action at the sole discretion of the Company. Nothing contained in
this Code shall be in prejudice to any other right or remedy, which company has under the law or
contract.

[131]