INSTRUCTION TO BIDDERS (ITB)

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This section of the Bidding Documents provides the information necessary for bidders
to prepare responsive bids, in accordance with the requirements of the Purchaser. It
also provides information on bid submission and uploading the bid on portal
https://gem.gov.in, on line bid opening, evaluation and on contract award. This
Section contains provisions that are to be used unchanged unless BDS, which consists
of provisions that supplement, amend, or specify in detail, information or
requirements included in ITB and that are specific to each procurement, states
otherwise. If there is a conflict between the provisions of ITB &BDS, the provisions of
BDS shall prevail.

However, provisions governing the performance of the Contractor, payments under

the contract or matters affecting the risks, rights and obligations of the parties under
the contract are not included in this section but instead under General Conditions of
Contract and/or Special Conditions of Contract.

Bidders may note that the Purchaser has uploaded its 'Works & Procurement Policy
and Procedure’ (Vol.-I & II) along with its Updation/Modification/Amendment1
thereof on POWERGRID's website. Those Bidders who wish to peruse the same may
visit www.powergridindia.com. However, it shall be noted that no other party,
including the Bidder/Supplier, shall derive any right from this 'Works & Procurement
Policy and Procedure' documents or have any claim on the Purchaser on the basis of
the same. The respective rights of the Purchaser and Bidders/Suppliers shall be
governed by the Bidding Documents/Contracts signed between the Purchaser and
the successful bidder. The provisions of Bidding Documents shall always prevail over
that of 'Works & Procurement Policy and Procedure' documents in case of
contradiction.

Further in all matters arising out of the provisions of this ITB and the BDS of the
Bidding Documents, the laws of the Union of India shall be the governing laws and
courts of Vadodara shall have exclusive jurisdiction.

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 TABLE OF CLAUSES
Preamble

A. Introduction
1. Source of Funds
2. Eligible Bidders
3. Eligible Plant, Equipment, and Services
4. Cost of Bidding
B. The Bidding Documents
5. Content of Bidding Documents
6. Clarification of Bidding Documents; and Pre-Bid Meeting
7. Amendment of Bidding Documents
C. Preparation of Bids
8. Language of Bid
9. Documents Comprising the Bid
10. Price Schedules
11. Bid Prices
12. Bid Currencies
13. Bid Security
14. Period of Validity of Bid
15. Format and Signing of Bid
D. Submission of Hard Copy of Bids
16. Sealing and Marking of Bids
17. Deadline for Submission of Bids
18. Late Bids
19. Modification and Withdrawal of Bids
E. Bid Opening and Evaluation
20. Opening of First Envelope by Purchaser
21. Clarification of Bids
22. Preliminary Examination of First Envelope
23. Qualification
24. Evaluation of Techno - Commercial Part (First Envelope)
25. Opening of Second Envelope by Purchaser
26. Conversion to Single Currency
27. Evaluation of Second Envelope (Price Part)
28. Purchase/ Domestic Preference
29. e-Reverse Auction (e-RA)
30. Confidentiality and Contacting the Purchaser
F. Award of Contract
31. Award Criteria
32. Purchaser’s Right to Accept any Bid and to Reject any or all Bids
33. Notification of Award
34. Signing the Contract Agreement
35. Performance Security
36. Fraud and Corruption

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INSTRUCTION TO BIDDERS (ITB)

Preamble

This section of the Bidding Documents provides the information necessary for
bidders to prepare responsive bids, in accordance with the requirements of the
Purchaser. It also provides information on bid submission and uploading the bid
on portal https://gem.gov.in on line bid opening, evaluation and on contract
award. This Section contains provisions that are to be used unchanged unless
BDS, which consists of provisions that supplement, amend, or specify in detail,
information or requirements included in Section and that are specific to each
procurement, states otherwise. If there is a conflict between the provisions of ITB
& BDS, the provisions of BDS shall prevail.

However, provisions governing the performance of the Contractor, payments

under the contract or matters affecting the risks, rights and obligations of the
parties under the contract are not included in this section but instead under
General Conditions of Contract and/or Special Conditions of Contract.

Bidders may note that the Purchaser has uploaded its 'Works & Procurement
Policy and Procedure‟ (Vol.-I & II) along with its Updation/
Modification/Amendment1 thereof on POWERGRID's website. Those Bidders
who wish to peruse the same may visit www.powergrid.in However, it shall be
noted that no other party, including the Bidder/Contractor, shall derive any
right from this 'Works & Procurement Policy and Procedure' documents or have
any claim on the Purchaser on the basis of the same. The respective rights of the
Purchaser and Bidders/Contractors shall be governed by the Bidding
Documents/Contracts signed between the Purchaser and the Contractor for the
respective package(s). The provisions of Bidding Documents shall always
prevail over that of 'Works & Procurement Policy and Procedure' documents in
case of contradiction.

Further in all matters arising out of the provisions of this Section and the BDS of
the Bidding Documents, the laws of the Union of India shall be the governing
laws and courts of Bangalore shall have exclusive jurisdiction.

1 Including Amendment on “Capacity and Capability Assessment – regarding new

parties undertaking erection works of Transmission Line Tower Packages”, on
“Ineligibility of Firms for Participation in the Bidding Process” and on “Black-Listing
of Firms / Banning of Business”.

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 Definitions

The following words and expressions shall have the meanings hereby
assigned to them:

(a) “e-Tender through GeM portal” will have the same meaning as of
“Bid”.

A. Introduction

1. Source of Funds

1.1 The Owner named in the BDS intends to use domestic funding
(Owner’s Internal Resources/Domestic Borrowings/Bonds) for this
Project.

All eligible payments under the contract for the package for which this
Invitation for Bids is issued shall be made by the Purchaser named in
the BDS.

2. Eligible Bidders

2.1 This Invitation for Bids, issued by the Purchaser is open to all firms
including company(ies), Government owned Enterprises registered
and incorporated in India as per Companies Act, 1956, barring
Government Department as well as foreign bidders/MNCs not
registered and incorporated in India and those bidders with whom
business is banned by the Purchaser.

Further, the firm has to be a ‘Class-I local supplier’ as defined under

Public Procurement (Preference to Make in India) Order, 2017 issued
by Department for promotion of Industry and Internal Trade (DPIIT),
Ministry of Commerce and Industry, Government of India vide order
dated 15/06/2017, its revision dated 16/09/2020 (PPP-MII Order)
read in conjunction with ‘Public Procurement (Preference to Make in
India) to provide for Purchase Preference (linked with local content)
in respect of Power Sector’ order dated 28/07/2020 and 17/09/2020
issued by Ministry of Power (MoP Order) and subsequent
modifications/ amendments if any.

Presently, the local content requirement to categorize a supplier

as ‘Class-I local supplier’ is 60%

Firms who are not ‘Class-I local supplier shall not be eligible to bid.

Further, entities of countries which have been identified by the Nodal

Ministry/Department identified under PPP-MII order, as not allowing
Indian companies to participate in their Government procurement for
any item related to that Nodal Ministry shall not be allowed to
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participate in bidding for all items related to that Nodal
Ministry/Department, except for the list of items published by the
Ministry/Department permitting their participation. The term ‘entity’
of a county shall have the same meaning as under the FDI Policy of
DPIIT as amended from time to time.

The ‘Class-I local supplier’ shall give a self-certification in his bid in

the given format, indicating the percentage of Local Content and
certifying that the item offered meets the Local Content requirement
for ‘Class –I local supplier’ and shall give details of the location(s) at
which value addition is made. Further, in case of packages above Rs.
10 Cr, the ‘Class-I local supplier’ shall provide a certificate from
statutory auditor or cost auditor of the company (in the case of
companies) or from a practicing cost accountant or practicing
chartered accountant (in respect of suppliers other than companies)
giving the percentage of Local Content. Any false declaration
regarding Local Content by the bidder shall be a transgression of
Integrity Pact and action shall be taken in line with provisions of the
Integrity Pact and in line with the provisions of the PPP-MII Order.
Further in case price reduction during e-RA, the ‘Class-I local supplier’
shall ensure that the item offered meets the Local Content requirement
considering the revised prices.

Any Bidder from a country which shares a land border with India will
be eligible to bid only if the Bidder is registered with the Competent
Authority as per order no. F.No.6/18/2019-PPD (Order Public
Procurement no.1) dated 23/07/2020 and F.No.6/18/2019-PPD
(Order Public Procurement no.2) dated 23/07/2020, issued by Public
Procurement Division, Department of Expenditure, Ministry of
Finance, Government of India (DoE Order). Registration should be
valid at the time of submission of bids as per ITB 17 and at the time of
Notification of Award as per ITB 33.

However, the aforesaid condition for registration of Bidders from

countries (even if sharing land border with India) shall not be
applicable to Bidders from such countries to which Government of
India has extended lines of credit or in which Government of India is
engaged in development projects.

For the aforesaid purpose,

(i) “Bidder” means any person or firm or company, including any

member of a consortium or joint venture (that is an association
of several persons, or firms or companies), every artificial
juridical persons not falling in any of the descriptions of bidders
stated hereinbefore, including any agency branch or office
controlled by such person, participating in a procurement
process

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(ii) “Bidder from a country which shares a land border with India”
for this purpose 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 or joint venture where any member of the
consortium or joint venture falls under any of the above

(iii) The beneficial owner for the purpose of (ii) (d) above will be
under:

1. In case of a company or Limited Liability Partnership, the

beneficial owner is the natural person(s), who, whether acting
alone or together , or through one or more juridical person, has
controlling ownership interests or who exercises control
through other means

Explanation-
a. “Controlling ownership interest” means ownership of or
entitlement to more than twenty-five percent of shares or capital
or profits of the company
b. “Control” shall include the right to appoint majority of the
directors or to control the management or policy decisions
including by virtue of their shareholding or management rights
or shareholders agreement or voting rights;

2. In case of a partnership firm, the beneficial owner is the natural

person(s) who, whether acting alone or together, or through one
or more juridical person, has ownership of entitlement to more
than fifteen percent of capital or profits of the partnership;

3. In case of an unincorporated association or body of individuals,

the beneficial owner is the natural person(s), who, whether
acting alone or together, or through one or more juridical
person, has ownership of or entitlement to more than fifteen
percent of the property or capital or profits of such association
or body of individuals;

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4. Where no natural person is identified under (1) or (2) or (3)
above, the beneficial owner is the relevant natural person who
holds the position of senior managing official.

5. In case of a trust, the identification of beneficial owner(s) shall

include identification of the author of the trust, the trustee, the
beneficiaries with fifteen percent or more interest in the trust and
any other natural person exercising ultimate effective control
over the trust through a chain of control or ownership.

An Agent is a person employed to do any act for another, or to

represent another in dealings with third person.

Further, the successful Bidder shall not allowed to sub-contract works

to any contractor from a country which shares a land border with India
unless such contractor is registered with the Competent Authority.
This restriction on subcontracting shall not be applicable for
procurement of raw materials, components, sub-assemblies etc.
However, in case of finished goods procured directly/indirectly from
the vendors from the countries sharing land border with India, such
vendor will be required to be registered with the Competent
Authority.

The Bidder shall in its bid submit a certificate in compliance to DoE

order as per the given format.

Firms, who are executing contract(s) or has executed contract(s) in the

past for the Purchaser (Owned as well as Consultancy) and any of the
following event(s) have been encountered during contract(s)
execution, shall not be eligible to bid for the package(s) whose
originally scheduled date of bid opening falls within the specified
period reckoned from the date of determination by the Purchaser of
such event as below:

Sr. Event Period for which bid(s)

No. shall be considered as
non-responsive/ not
eligible
1. Termination of Contract due to 1 year
Contractor’s default.
2. Encashment of CPG due to non- 1 year
performance.
3. Repeated failure of major Equipment To be determined on case
while in service. to case basis
4. Substantial portion of works (more 1 year
than 50% of the Contract*) is sub-
contracted, under an existing Contract.
5. More than 25% of the Contract price 1 year
(awarded value), in aggregate, is paid
to sub-contractors/suppliers as Direct
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 Sr. Event Period for which bid(s)
No. shall be considered as
non-responsive/ not
eligible
payment, under an existing Contract,
due to financial position of Contractor.
6. Firm has been referred to NCLT under Till the firm comes out of
Insolvency & Bankruptcy Code (IRP Resolution process
has been appointed or Liquidation
proceedings have been initiated under
IBC)

*For the purpose of working out 50% of the Contract, following shall
be taken into account:

(a) Scope of the contract which is permissible to be sub-contracted as

per bidding documents, shall be excluded.
(b) Scope of the Contract which primarily relates to the Qualification
Requirement (QR) of the bidder.

The Purchaser shall be the sole judge in this regard and the Purchaser’s
interpretation on the aforesaid event(s) shall be final and binding.

2.3 A Bidder shall not have a conflict of interest. All Bidders found to have
a conflict of interest shall be disqualified. A Bidder may be considered
to have a conflict of interest with one or more parties in this bidding
process, if:

(a) they have a controlling partner in common; or

(b) they receive or have received any direct or indirect subsidy from
any of them; or

(c) they have the same legal representative for purposes of this bid; or

(d) they have a relationship with each other, directly or through

common third parties, that puts them in a position to have access
to information about or influence on the bid of another Bidder, or
influence the decisions of the Purchaser regarding this bidding
process; or

a Bidder submits more than one bid in this bidding process, either
individually [including bid submitted as a agent/authorised
representative on behalf of one or more manufacturer(s) or
through Licensee – Licensor route, wherever permitted as per the
provision of Qualification Requirement for the Bidders in
Annexure – A (BDS)] or as a partner in a joint venture, except for
alternative offers permitted under ITB Clause 9.3. This will result
in the disqualification of all such bids. However, this does not limit

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 the participation of a Bidder as a subcontractor in another bid, or
of a firm as a subcontractor in more than one bid; or

(f) a Bidder or any of its affiliates participated as a consultant in the

preparation of the design or technical specifications of the Plant
and Installation Services that are the subject of the bid; or

(g) A Bidder or any of its affiliates has been hired (or is proposed to be
hired) by the Purchaser as Project Manager for the contract.

2.4 The Bidder, directly or indirectly shall not be a dependent agency of

the Purchaser.

2.4 In case a prequalification process has been conducted prior to the

bidding process, this bidding is open only to prequalified Bidders.

3. Eligible Goods and Related Services

3.1 For the purposes of these Bidding Documents, the words “goods”
includes commodities, raw materials, machinery, equipment and
industrial plants and “related services” and “related services” include
services such as insurance, installation, training and initial
maintenance, if specified in the scope of work..

3.2 All the Goods and Related Services to be supplied under the Contract
shall have their origin in any country barring those countries against
whom sanction for conducting business is imposed by Government of
India and barring those firms with whom business is banned by the
Purchaser.

3.3 For purposes of this clause, “country of origin” means the place where
the goods have been mined, grown, produced, manufactured or
processed; or through manufacturing, processing or substantial
assembling of components, a commercially recognized product results
that is substantially different in basic characteristics or in purpose or
utility from its components.

4. Cost of Bidding

4.1 The bidding document fee is not applicable for the package.

The Bidder shall bear all costs associated with the preparation and
submission of its bid including post-bid discussions, technical and
other presentations etc., and the Purchaser will in no case be
responsible or liable for these costs, regardless of the conduct or
outcome of the bidding process.

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4.2 The bidder has to ensure his registration with GeM e-tendering portal
https://gem.gov.in.

B. The Bidding Documents

5. Content of Bidding Documents

5.1 The goods and related services required, bidding procedures, contract
terms and technical requirements are prescribed in the Bidding
Documents. The Bidding Documents comprise of the following and
shall include amendments, if any, thereto:

GeM Bid & GeM ATC

Documents comprising GeM Bid as below:

GeM Bid & GeM ATC

01 Instructions to Bidders (ITB) & Bid Data Sheet (BDS)
02 General Conditions of Contract (GCC)
03 Special Conditions of Contract (SCC)
04 Scope of Work ,Technical Specifications
05 Attachments to Be Submitted
06 Sample Forms & Procedure
07 Qualifying Requirements

5.2 The Bidder is expected to examine all instructions, forms, terms,

specifications and other information in the Bidding Documents.
Failure to furnish all information required by the Bidding Documents
or submission of a bid not substantially responsive to the Bidding
Documents in every respect will be at the Bidder’s risk and may result
in rejection of its bid.

5.3 Scope of Work is given in Special conditions of contract & as per

“Technical Specifications”.

6. Clarification of Bidding Documents; and Pre-Bid Meeting

6.1 A prospective Bidder requiring any clarification of the Bidding

Documents may notify the Purchaser through the provisions made on
the portal https://gem.gov.in. However, bidder may also seek
clarification in writing or by cable (hereinafter, the term cable is
deemed to include Electronic Data Interchange (EDI) or telefax) at the
Purchaser’s mailing address indicated in the ITB 1.1.

Similarly, if a Bidder feels that any important provision in the

documents, such as those listed in ITB Sub-Clause 22.3.1, will be
unacceptable, such an issue should be raised as above. The Purchaser
will respond through the portal https://gem.gov.in to any request for
clarification or modification of the Bidding Documents that it receives

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 no later than Fifteen (15) days (unless otherwise specified in BDS)
prior to the original deadline for submission of bids prescribed by the
Purchaser. The Purchaser shall not be obliged to respond to any
request for clarification received later than the above period. Further,
the mere request for clarification from the Bidders shall not be a
ground for seeking extension in the deadline for submission of bids.
Purchaser’s response (including an explanation of the query but not
identification of its source) will be uploaded on portal
https://gem.gov.in where all the bidders can see clarification/reply to
query.

6.2 The Bidder is advised to visit and examine the site where the facilities
are to be supplied and its surroundings and obtain for itself on its own
responsibility and cost all information that may be necessary for
preparing the bid and entering into a contract for supply and
installation of the facilities. The costs of visiting the site shall be at the
Bidder’s own expense.

6.3 The Bidder and any of its personnel or agents will be granted
permission by the Purchaser to enter upon its premises and lands for
the purpose of such inspection, but only upon the express condition
that the Bidder, its personnel and agents will release and indemnify
the Purchaser and its personnel and agents from and against all
liability in respect thereof and will be responsible for death or personal
injury, loss of or damage to property and any other loss, damage, costs
and expenses incurred as a result of the inspection.

6.4 Pre Bid Meeting

Not applicable for the package. All bidders may clarify their doubts
through representations for the subject in tender in GeM portal.

7. Amendment of Bidding Documents

7.1 At any time prior to the deadline for submission of bids, the Purchaser
may, for any reason, whether at its own initiative, or in response to a
clarification requested by a prospective Bidder, amend the Bidding
Documents.

7.2 The amendment will be notified only through the portal

https://gem.gov.in. The communication/alert regarding the notification
of amendment shall also be sent by the portal directly to all the
prospective bidders. The amendments to the Bidding Documents will
be binding on the bidders and the notification of the amendment
through portal, sent to the prospective bidders, shall be deemed to be
construed that such amendment(s), to the Bidding Documents have
been taken into account by the Bidder in its bid.

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7.3 In order to afford reasonable time to the prospective Bidders to take
the amendment into account in preparing their bid, the Purchaser
may, at its discretion, extend the deadline for the submission of bids,
in which case, the Purchaser will notify through portal
https://gem.gov.in where all prospective bidders may see the extended
deadline.

In case of extension of deadline for the submission of bids by the

Purchaser for reasons inter-alia including the above, prospective
bidders can download the Bidding Documents from the portal
https://gem.gov.in, as per the provisions available therein, before such
extended deadline.

C. Preparation of Bids

8. Language of Bid

8.1 The bid prepared by the Bidder and all correspondence and
documents exchanged by the Bidder and the Purchaser related to the
bid shall be written in the English language, provided that any printed
literature furnished by the Bidder may be written in another
Language, as long as such literature is accompanied by English
translation of its pertinent passages, in which case, for purposes of
interpretation of the bid, the English translation shall govern.

9. Documents Comprising the Bid

9.1 The bid shall be submitted by the Bidder under GeM portal “Single
Stage – Two Envelope” procedure of bidding. Under this procedure,
the bid submitted by the Bidder in two envelopes - First Envelope (also
referred to as Technical Bid) and Second Envelope (also referred to as
Offer Price) shall comprise of the following documents:

First Envelope/ Technical Bid:

(a) Bid Form (First Envelope) duly completed and signed by the
Bidder, together with all Attachments & Technical Data Sheets
(available in GEM Bid) as uploaded on the portal
https://gem.gov.in and identified in ITB Sub-Clause 9.3 below.

(b) Hard copy of the following documents submitted at the address

mentioned at 1.1 above:

i) Bid Security (in Original) or documentary evidence in

support of exemption of Bid Security, in separate envelope in
accordance with clause 13 of ITB, Section-II,

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 ii) Integrity Pact (in Original) in accordance with clause 9.3 (k) of
ITB, in separate envelope;

iii) Power of Attorney as per Clause 9.3 (b);

iv) In case of Bid from Joint Venture, the Joint Venture

Agreement & Power of Attorney of Joint Venture Agreement

v) Any other document further specified in the BDS duly

signed and stamped on each page.

Second Envelope:

Second Envelope (offer Price) Bidis to be filled on-line for prices

against the various Line Items under different Heads on the GeM
portal https://gem.gov.in.

9.2 Bidders shall note that no alternative bids are permitted.

9.3 Bidder shall submit soft copy of following documents by uploading

on the portal https://gem.gov.in and Hard copy of documents wherever
stipulated in the manner specified in ITB Clause 9.1 above along with
its Technical Bid (First Envelope):

Apart from prices which shall be offered ONLY through the GeM
portal, the additional following documents shall also be submitted by
the bidder which forms a part of their response:-

(a) Bid Security (in Original) or documentary evidence in support of

exemption of Bid Security, in separate envelope in accordance with
clause 13 of ITB, Section-II

(b) Power of Attorney (submission of Hard copy in ‘Original’ and uploading

of Scanned Copy)

A power of attorney, duly notarized, indicating that the person(s)

signing the bid has(ve) the authority to sign the bid and thus that
the bid is binding upon the Bidder during full period of its
validity, in accordance with ITB Clause 14.

(c) Bidder’s Eligibility and Qualifications (Uploading of Scanned

Copies of documentary evidence in support of Bidder‟s qualification.

In the absence of prequalification, documentary evidence

establishing that the Bidder is eligible to bid in accordance with
ITB Clause 2 and is qualified to perform the contract in
accordance with Annexure – A (BDS), if its bid is accepted.

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The documentary evidence of the Bidder’s eligibility to bid shall
establish to the Purchaser’s satisfaction that the Bidder, at the
time of submission of its bid, is eligible as defined in ITB Clause
2.

The documentary evidence of the Bidder’s qualifications to

perform the contract, if its bid is accepted, shall establish to the
Purchaser’s satisfaction that the Bidder has the financial,
technical, production, procurement, shipping, installation and
other capabilities necessary to perform the contract, and, in
particular, meets the experience and other criteria outlined in the
Qualification Requirement for the Bidders in Annexure – A (BDS)
and shall also include:

The documentary evidence defining i) the constitution or legal

status; (ii) The principal place of business; (iii) The place of
incorporation (for bidders who are corporations); or the place of
registration and the nationality of the Owners (for applicants
who are partnerships or individually-owned firms); (iv)In
support of meeting the Technical experience, self-certified copy
of Contract/ Award Letter and Utility Certificate.

The bidder shall furnish along with its bid a declaration as per
the enclosed format from its Power of Attorney holder and Key
Managerial Personnel (KMP) of the company i.e.
CEO/Managing Director/ Company Secretary/ Director/
CFO/any of the partner in case of partnership firm/ any other
officer entrusted with substantial powers of the management of
the affairs of the company/firm, declaring the
eligibility/qualification data to be true and correct.

Declaration for anticipated change in legal structure/ ownership,

if any.

The complete annual reports together with Audited statement of

accounts of the company for last five years of its own (separate)
immediately preceding the date of submission of bid. The Bidder
shall also furnish documentary evidence/ declaration regarding
Financial re-structuring of the company, if any.

If the opening of the bids pursuant to ITB Clause 20.1 or the

ascertainment of qualification pursuant to ITB Clause 23.1 is
carried out after 30th September, the bidder shall be required to
submit the complete annual reports together with Audited
statement of accounts of the company for the immediately
preceding Financial Year except in cases where the Board of the
Company/ Registrar of Companies has granted extension of time
for finalization of accounts, for which the bidder has to submit

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 requisite documentary evidence. In case of Bidder‟s failure to
submit the same along with the Bid or subsequently pursuant to
ITB Sub-clause 21.1, the Bid shall be rejected.

However, if the bidder resorts to unethical practices inter-alia

including misrepresentation of facts, submission of false and/or
forged details/ documents/ declaration as above, the bidder may
be debarred from the participation in Purchaser’s tenders for a
period of 1 to 3 years, as considered appropriate and its Bid
Security/ Contract Performance Guarantee shall be forfeited
besides taking other actions as deemed appropriate inter-alia
considering bid submitted by the Bidder in future packages as
non-responsive in line with ITB 13.3

[Note I. In the event the Bidder is not able to furnish the above
information of its own (i.e., separate), being a subsidiary
company and its accounts are being consolidated with its Group/
Holding/ Parent company, the Bidder should submit the audited
balance sheet, income statement, other information pertaining to
it only (not of its Group/Holding/Parent company) duly
certified by any one of the authority [(i) Statutory Auditor of the
Bidder/(ii) Company Secretary of the Bidder a (iii) A certified
Public Accountant] certifying that such information/documents
are based on the audited accounts as the case may be.

Note II. Similarly, if the Bidder happens to be a Group/Holding/

Parent company, the Bidder should submit the above
documents/information of its own (i.e., exclusive of its
subsidiaries) duly certified by any one of the authority
mentioned in Note I above certifying that these
information/documents are based on audited accounts, as the
case may be.

(d) Deviations

In order to facilitate evaluation of bids, deviations, if any, from

the terms and conditions or Technical Specifications shall be
listed in the bid. The Bidder is required to provide the cost of
withdrawal for such deviations. However, the attention of the
bidders is drawn to the provisions of ITB Sub-Clause 22.3
regarding the rejection of bids that are not substantially
responsive to the requirements of the Bidding Documents.

Bidder’s attention is also drawn to the provisions of ITB Sub-

Clause 22.3.1.

(e) Manufacturer Authorization form - Attachment-5: Declaration by

Manufacturer

P a g e | 16
(f) Work Completion Schedule (Format enclosed at Attachment-6)

(g) Items, Components, Raw Material, Services proposed to be sourced

from Micro and Small Enterprises (Format enclosed at Attachment-
7)

The Purchaser encourages the Supplier to source items,

components, raw material, services from Micro and Small
Enterprises for development of the Micro and Small Enterprises

The bidder shall furnish the details of the items, components, raw
material, services which they propose to buy/avail from Micro and
Small Enterprises for the purpose of completion of works.

(h) Guarantee Declaration (Format enclosed at Attachment-8)

(i) Information regarding ex-employees of Purchaser in Bidder’s

firm. (Format enclosed at Attachment-9)

(j) Declaration regarding Social Accountability (Format enclosed at

Attachment-10)

(k) Integrity Pact (submission of Hard Copy in “Original‟ and

uploading of Scanned Copy as per the format enclosed at
Attachment-11)

The Bidder shall complete the accompanying Integrity Pact,

which shall be applicable for bidding as well as contract
execution, duly signed on each page by the person signing the
bid and shall be returned by the Bidder in two (2) originals along
with the Technical Bid in a separate envelope, duly superscripted
with “Integrity Pact‟. The Bidder shall submit the Integrity Pact
on a non-judicial stamp paper of Rs.100/-.

If the Bidder is a partnership firm or a consortium, the Integrity

Pact shall be signed by all the partners or consortium members.

Bidder’s failure to submit the Integrity Pact duly signed in

Original along with the Bid or subsequently pursuant to ITB Sub-
Clause 21 .1 shall lead to outright rejection of the Bid.

(l) Information for E-payment, PF details and declaration regarding

Micro/Small & Medium Enterprises. Scanned copy of Sample
Cheque (Cancelled), PAN Card, GST Certificate shall also be
uploaded.

(m) Additional Information (uploading of Scanned Copy, as applicable)

P a g e | 17
 (i) Certificate from their Banker(s) indicating various fund
based/non fund based limits sanctioned to the Bidder and
the extent of utilization as on date. Such certificate should
have been issued not earlier than three months prior to the
date of bid opening. Wherever necessary the Purchaser may
make queries with the Bidders‟ Bankers.

(ii) A consistent history of awards involving litigation against

the Bidder may result in rejection of Bid.

(iii) Details of Provident Fund Code Number of the Bidder.

(iv) Detailed information regarding previous transgressions of

Integrity Pact that occurred in the last 10 years with any other
Public Sector Undertaking or Government Department or
any other Company, in any country

(v) Any other information which the Bidder intends to furnish.

Scanned copy of above documents shall be uploaded.

(n) Declaration of Tax exemptions, reductions, allowance or benefits

(Format enclosed at Attachment-14)

(o) Declaration (Format enclosed at Attachment-15)

(p) Declaration of Key Managerial Person jointly with Power of

Attorney holder (Format enclosed at Attachment-16)

(q) Declaration by the bidder regarding events encountered pursuant

to ITB Clause 2.1 (Format enclosed at Attachment-17)

(r) Affidavit of Self certification regarding Minimum Local Content in

line with PPP-MII Order and MoP Order, if applicable (submission
of Hard Copy in ‘Original’), to be submitted on a non-judicial
stamp paper of Rs. 100/-. (Format enclosed at Attachment-18)

In line with the PPP-MII Order and MoP Order, the bidder shall
submit the Affidavit of self-certification, in original, indicating the
percentage of Local Content and certifying that the item offered
meets the Minimum Local Content and shall give details of the
location(s) at which value addition is made, as prescribed in the
PPP-MII Order, on a non-judicial stamp paper of Rs. 100/-.

Further, Self certification submitted by the Bidder may be verified

randomly by the committee constituted as per PPP-MII Order and
MoP order. In case of false documents / misrepresentation of the
facts, requisite action against such Bidder will be taken based on the

P a g e | 18
 recommendation of the Committee and in line with provisions of
the Integrity pact.

Bidder may note that the other directions of Nodal Ministry as

identified under PPP-MII Order shall also be suitably considered in
regard to verification/action of the certificate

(s) Certificate from statutory auditor or cost auditor of the company (in
the case of companies) or from a practicing cost accountant or
practicing chartered accountant (in respect of suppliers other than
companies) giving the percentage of Local Content, in line with
PPP-MII Order and MoP Order, if applicable (submission of Hard
Copy in ‘Original’) to be submitted on the letter head of the
auditor/ cost accountant/chartered accountant. (Format enclosed
at Attachment-19)

In line with the PPP-MII Order and MoP Order, the bidder shall
submit certificate from statutory auditor or cost auditor of the
company (in the case of companies) or from a practicing cost
accountant or practicing chartered accountant (in respect of
suppliers other than companies) giving the percentage of Local
Content, if applicable, on the letter head of the auditor/chartered
accountant.

Further, auditor’s/ accountant’s certificates (as the case may be)

submitted by the Bidder may be may be verified randomly by the
committee constituted as per PPP-MII Order and MoP order. In case
of false documents / misrepresentation of the facts, requisite action
against such Bidder will be taken based on the recommendation of
the Committee and in line with provisions of the Integrity pact.

Bidder may note that the other directions of Nodal Ministry as

identified under PPP-MII Order shall also be suitably considered in
regard to verification/action of the certificate.

(t) Compliance to the process related to the e-RA Terms & Conditions
and the Business Rules governing the e-RA

(u) Affidavit of Self certification regarding Domestic Value Addition in

Iron & Steel Products (submission of Hard Copy in ‘Original’) to
be submitted on a non-judicial stamp paper of Rs. 100/-.(Format
enclosed at Attachment-21)

Vide Notification dated 8th May 2017 and its revision dated 29th
May 2019 by Ministry of Steel has published “ Policy for providing
preference to Domestically Manufactured Iron & Steel Products in
Government Procurement”.

P a g e | 19
 The bidder shall comply with the guidelines specified in the policy,
including subsequent amendments/ modifications, if any.

In line with the aforesaid policy mentioned above, the bidder shall
submit the Affidavit of self-certification, in original, to
POWERGRID declaring that the Iron & Steel Products as specified
in the aforementioned Policy used for manufacturing / supply of
Goods under the package are domestically manufactured in terms
of the domestic value addition prescribed in the policy, on a non-
judicial stamp paper of Rs. 100/-.

In case the Iron & Steel Products are sourced by the bidder, then the
Affidavit of self-certification shall be issued by the bidder. Further,
in case the Iron & Steel Products are also to be sourced from
Domestic manufacturers other than the bidder, the Affidavit of self-
certification shall be issued by the said Domestic Manufacturer(s).

Bidder’s failure to submit the Affidavit of Self certification duly

signed in Original along with the Bid or subsequently pursuant to
ITB Sub-Clause 21.1 shall lead to outright rejection of the Bid.

Further, violation to minimum prescribed domestic value addition

or misrepresentation of facts by the bidder in this regard shall be
dealt in line with provisions of the Integrity Pact signed between the
bidder and POWERGRID.

(v) Certification by the Bidder as per DoE Order in line with ITB
Clause 2.1. /-.(Format enclosed at Attachment-22)

10. Bid Form and Price Schedules

10.1 The Bidder shall fill prices Online in GeM portal https://gem.gov.in as
per provision in GeM

11. Bid Prices

11.1 Unless otherwise specified in the Technical Specifications, bidders

shall quote for the entire facilities on a “single responsibility” basis
such that the total bid price covers all the Contractors obligations
mentioned in or to be reasonably inferred from the Bidding
Documents in respect of the design, manufacture, including
procurement and subcontracting (if any), delivery, construction,
installation and completion of the facilities including supply of
mandatory spares (if any). This includes all requirements under the
Contractor’s responsibilities for testing, pre-commissioning and
commissioning of the facilities and, where so required by the Bidding
Documents, the acquisition of all permits, approvals and licenses, etc.;
the operation, maintenance and training services and such other items

P a g e | 20
 and services as may be specified in the Bidding Documents, all in
accordance with the requirements of the General Conditions of
Contract. Items against which no price is entered by the Bidder will
not be paid for by the Purchaser when executed and shall be deemed
to be covered by the prices for other items.

11.2 Bidders are required to quote the price for the commercial, contractual
and technical obligations outlined in the Bidding Documents. If a
Bidder wishes to make a deviation, such deviation shall be listed in
Attachment 4 of its bid. The Bidder is required to provide the cost of
withdrawal for such deviations.

11.3 Bidder shall quote their prices INCLUSIVE of GST. Further, Bidder
shall quote their price ONLY on GeM portal https://gem.gov.in. BoQ
provided to Bidder is only for reference purpose. If any bidder
uploads its prices in the BoQ and submits along with scanned
documents, its bid shall be rejected.

Before award, L1 Bidder will be required to submit Unit Rates for

Items as per BOQ along with HSN/SAC Code & GST Rate

11.4 In the schedules, Bidder shall give the required details and a
breakdown of their price considering and taking into account the
Input Tax Credit (ITC) as may be available under the Goods and
Services Tax (GST) Laws and Regulations, in the schedules.

(i) The Input Tax Credit (ITC) available, if any, under the GST law
as per the relevant Government policies wherever applicable
shall be taken into account by the Bidder while quoting bid price.

(j) The Bidder shall include In-transit insurance charges in its bid
prices as per insurance requirement. Bidder shall further note
that the Purchaser shall not be liable to make any payment/
reimbursement to the Contractor whatsoever for insurance of
Contractor’s Plant and Machinery.

(l) Bidders may like to ascertain availability of exemptions,

reductions, allowances or benefits in case of goods and services
to be supplied to the Purchaser. They shall solely be responsible
for obtaining such benefits, and in case of failure to receive such
benefits for any reasons whatsoever, the Purchaser will not
compensate the Bidder. The Bidder shall furnish along with their
bid, a declaration to this effect in Attachment 14 as per the format
enclosed in the Bidding Documents

(m) Purchaser shall, deduct taxes at source as per the applicable

laws/rules, if any, and issue Tax Deduction at Source (TDS)
Certificate to the Contractor.

P a g e | 21
 11.5 The prices quoted shall remain firm during the currency of the contract
and no price adjustment shall be applicable

12. Bid Currencies

12.1 Prices shall be quoted in Indian Rupees Only.

13. Bid Security

13.1. The Bidder shall furnish, except as exempted herein below, as part of its
bid, a bid security in the amount and currency as stipulated in the BDS.
The bid security must be submitted in the form provided in the Bidding
Documents
Micro and Small Enterprises (MSEs) registered with UDYAM or any other
body specified by Ministry of Micro, Small and Medium Enterprises are
exempted from submission of Bid Security as per the Provisions of the
Public Procurement Policy. This shall be subject to production of
documentary evidence with regard to registration with authorities
mentioned above

13.2. The bid security shall, at the bidder‟s option, be in the form of a crossed
bank draft/pay order /banker certified cheque in favour of Employer as
stipulated in BDS or a bank guarantee from a reputed bank selected by the
bidder. The format of the bank guarantee shall be in accordance with the
form of bid security included in the Bidding Documents. Bid Security shall
be valid upto date as mentioned in BDS, or any other date as subsequently
requested under ITB Sub-Clause 14.2
13.3. Any bid not accompanied by an acceptable bid security, except as
exempted at 13.1 above, shall be rejected by the Employer as being
nonresponsive, pursuant to ITB Sub-Clause 22.4.
13.4. The bid securities of unsuccessful bidders will be returned as promptly as
possible, but not later than twenty-eight (28) days after the expiration of
the bid validity period
13.5. The successful Bidder shall be required to keep its bid security valid for a
sufficient period till the performance security(ies) pursuant to ITB Clause
35 are furnished to the satisfaction of the Employer. The bid security of
the successful Bidder will be returned when the Bidder has signed the
Contract Agreement, pursuant to ITB Clause 34, and has furnished the
required performance security, pursuant to ITB Clause 35
13.6. The bid security may be forfeited
a. if the Bidder withdraws its bid during the period of bid validity
specified by the Bidder in the Bid Form; or
b. In case the Bidder does not withdraw the deviations proposed by
him, if any, at the cost of withdrawal stated by him in the bid
and/or accept the withdrawals/rectifications pursuant to the
declaration/confirmation made by him in Attachment –
Declaration of the Bid; or

P a g e | 22
 c. If a Bidder does not accept the corrections to arithmetical errors
identified during preliminary evaluation of his bid pursuant to ITB
Sub-Clause 27.2; or
d. If, as per the requirement of Qualification Requirements the Bidder
is required to submit a Deed of Joint Undertaking and he fails to
submit the same, duly attested by Notary Public of the place(s) of
the respective executant(s) or registered with the Indian
Embassy/High Commission in that Country, within ten days from
the date of intimation of post – bid discussion; or
e. in the case of a successful Bidder, if the Bidder fails within the
specified time limit
i. to sign the Contract Agreement, in accordance with ITB
Clause 34, or
ii. to furnish the required performance security(ies), in
accordance with ITB Clause 35 and/or to keep the bid
security valid as per the requirement of ITB Sub-Clause 13.5
13.7. No interest shall be payable by the Employer on the above Bid Security

14. Period of Validity of Bid

14.1 Bids shall remain valid for the period of six months after the date of
opening of Technical bid, prescribed by the Purchaser, pursuant to
ITB. A bid valid for a shorter period shall be rejected by the Purchaser
as being non-responsive.

14.2 In exceptional circumstance, the Purchaser may solicit the Bidder’s

consent to an extension of the bid validity period. The request and
responses thereto shall be made in writing or by cable. A Bidder may
refuse the request, in which case provision of non-responsiveness in
future packages as per ITB 13.3 shall not be applicable. A Bidder
granting the request will not be required or permitted to modify its
bid.

15. Format and Signing of Bid

15.1 The bidder shall prepare the bid in the manner indicated in ITB Clause
9.0 and submit the bid in following manner/ as per provision in GeM
bid:

First Envelope (Technical Bid) :

(i) The soft copy of the bid consisting of Technical data sheet/
catalogs and the documents listed in ITB Clause 9 including rele-
vant scanned documents (refer ITB Clause 15.4) shall be
uploaded through the GeM portal only. Submission of Soft Copy
of any documents by any other means shall not be accepted by
the Purchaser in any circumstances.

P a g e | 23
 (ii) Hard copy of followings:
a. Bid security
b. Integrity Pact (in Original) in accordance with clause 9.3 (k) of ITB,
in separate envelope and
c. Power of Attorney as per Clause 9.3 (b).
d. Any Undertaking (in Original), if applicable;
e. Bidders shall also submit (i) Affidavit of Self certification regarding
Minimum Local Content, if applicable, duly signed and stamped
on each page (ii) Certificate from statutory auditor or cost auditor
of the company (in the case of companies) or from a practic-ing cost
accountant or practicing chartered accountant (in respect of
suppliers other than companies) giving the percentage of Local
Content, if applicable, duly signed and stamped on each page, in
line with PPP-MII Order and MoP Order.
f. Bidders shall also submit Affidavit of Self certification regarding
Domestic Value Addition in Iron & Steel Products duly signed and
stamped on each page.
g. Any other document further specified in the BDS duly signed and
stamped on each page.

Second Envelope:
(i) The offer Price to be filled on-line for prices against the various
Line Items under different Heads on the GeM portal
https://gem.gov.in. Submission of Soft Copy of any documents by
any other means shall not be accepted by the Purchaser in any
circumstances.

15.2 The bid shall contain no alterations, omissions or additions, unless

such corrections are initialed by the person or persons signing the bid.

15.3 The List of following documents as required shall be scanned &

uploaded on the portal as per table given below:

S. Description of Documents
No.
1. Bid Securing
2. Power of Attorney
3. Constitution of legal status
4. Declaration for anticipated change in legal structure/ownership
5. The principal place of business
6. The place of Incorporation or the place of registration and the
nationality of the owner
7. Technical Experience certificate issued by utility
8. Financial Balance Sheets (for last five years)
9. Declaration in regard to Financial re-structuring
10. Technical GTP
P a g e | 24
 11. Type Test Report, if any
12. Bank Certificate
13. Manufacturer Authorization-Not Required
14. Work Schedule (BAR Chart)
15. Guarantee Declaration
16. Cancelled Cheque
17. MSE_registration certificate with Udayam
18. MSE owned by SC/ST entrepreneurs
19. MSE owned by women
20. PPP-MII declaration in a Rs.100 non judicial stamp paper
21. And soft copy of documents which are required to be
attach/submit as per ITB 9.3
22. Other Documents if any

D. Submission of Hard Copy of Bids

16. Sealing and Marking of Bids

16.1 The Bidder shall upload the soft copy of the bid as per the provisions
of the GeM portal (refer para 15.1 & 15.4 above) and submit the hard
copy of Integrity Pact, Power of Attorney, Joint Venture Agreement (if
applicable) and Power of Attorney of Joint Venture Agreement (if
applicable) and any other documents as required (refer para 15.1
above), duly marked First Envelope (Technical Bid) in the following
manner.

Envelope – 1: Bid Security

Envelope – 2: Integrity Pact

Envelope – 3: Power of Attorney and any other documents as

required (refer para 15.1 above).

Envelope - 4: Affidavit of Self certification regarding Minimum

Local Content under PPP-MII Order and MoP Order.,
if applicable, Certificate from statutory auditor/cost
auditor/cost accountant/chartered accountant, giving
the percentage of Local Content, under PPP-MII Order
and MoP Order., if applicable.

Envelope-5: Affidavit of Self certification regarding Domestic Value

Addition in Iron & Steel Products.

16.2 The envelope shall

(a) be addressed to the Purchaser at the address given in the BDS,

and

P a g e | 25
 (b) bear the contract name indicated in the BDS, the Invitation for
Bids title and number indicated in the BDS, and the statement

“Do Not Open Before [date],” to be completed with the time and
date specified in the GeM Bid, pursuant to ITB Sub-Clause 20.1.

16.3 Bid Security, Power of Attorney, Integrity Pact in original shall be

submitted in separate superscribed envelopes (One for Bid Security,
one for POA and one for Integrity Pact) along with First Envelope
(Technical Bid).

Bidder may upload Soft copy of the any other documents which they
consider relevant along with First Envelope (Technical Bid).

All the envelopes shall also indicate the name and address of the
Bidder so that the bid can be returned unopened in case it is declared
“late.”

16.4 If the envelope is not sealed and marked as required by ITB Sub-Clause
16.2 above, the Purchaser will assume no responsibility for the bid’s
misplacement or premature opening.

17. Deadline for Submission of Bids

17.1 Soft copy part of the bid shall be uploaded through the GeM portal
https://gem.gov.in at or before the submission time and date as
stipulated in the GeM Bid. Hard copy of Bid Security, Integrity Pact,
Power of Attorney, Joint Venture Agreement & Power of Attorney of
Joint Venture Agreement (in case bid from Joint Venture) and other
documents as per ITB 1 clause 16.1 must be received by the Purchaser
at the address specified under ITB Sub-Clause 16.2 no later than the
time and date stated in the BDS. In the event of the specified date for
the submission of bids being declared a holiday for the Purchaser, the
bids will be received/uploaded upto the appointed time on the next
working day.

17.2 The Purchaser may, at its discretion, extend this deadline for
submission of bids any time prior to opening of bids, in which case all
rights and obligations of Purchaser and bidders will thereafter be
subject to the deadline as extended.

Further the Purchaser also reserves the right to extend bid submission
timeline or recall the tender if e- Procurement server is down (i.e.
inaccessible / inoperative) for a prolonged period of time within the
last 24 hours of the bid submission due date.

17.2.1 Notwithstanding above, the Purchaser may, at its discretion, extend

the deadline for submission of soft part of the bids from 11:00 hrs (IST)

P a g e | 26
 to 15:00 hrs (IST) on the same day in case the bidder(s) faces difficulty
in submission of bids on the e-Procurement portal even for reasons not
attributable to the e-Procurement server. In such a case, the bidder(s)
shall however, be required to send a written communication on the e-
mail IDs mentioned below for the purpose before the deadline for
submission of soft part of the bids i.e. 11:00 hrs (IST) on the last day of
the aforesaid deadline. Any request received by the Purchaser
thereafter i.e. beyond 11:00 hrs (IST) or received prior to the day of
deadline for submission of soft part of the bids shall not be entertained
under any circumstances. The time of receipt of such communication
on the e-mail IDs mentioned below shall govern for the purpose of
determining whether or not the communication has been received
prior to the deadline for bid submission as stipulated. The bidder(s)
may also note that the above recourse shall, however, be adopted only
once in the first such instance and no further extension on this account
beyond 15:00 hrs (IST) as above shall be given by the Purchaser.

The e-mail IDs for aforesaid purpose are mentioned in BDS:

18. Late Bids

18.1 The bidder shall not be permitted to submit the soft copy part of the
bid by any mode other than uploading on the portal within the
specified deadline for submission of bids. The e-Procurement system
would not allow any late submission of bids through the portal after
due date & time as specified in bid.

In case Hard copy part of the bid is received by the Purchaser after the
deadline for submission of the same prescribed by the Purchaser in the
BDS, but the bidder has uploaded the soft copy part of the bid, the bid
will be considered as late bid. In such a case, the soft copy part of the
first envelope bid uploaded on the portal shall be opened in line with
the provisions of Bidding Documents. Such bids will be rejected
during preliminary examination.

19. Modification and Withdrawal of Bids

19.1 Bidder may modify its bids through the relevant provisions on the
portal https://gem.gov.in. The Bidder may modify or withdraw its bid
after submission, provided that modification is done on the portal as
well as notice is received by the Purchaser prior to the deadline
prescribed for bid submission.

19.2 The Bidder’s modifications shall be done through the relevant

provisions of portal only.

19.3 Bidder may withdraw its bid through the relevant provisions of portal
only.

P a g e | 27
19.4 No bid may be withdrawn in the interval between the bid submission
deadline and the expiration of the bid validity period specified in ITB
Clause 14. Withdrawal of a bid during this interval may result in the
Bidder’s bids in future packages being considered non-responsive,
pursuant to ITB Sub-Clause 13.3.

E. Bid Opening and Evaluation

20. Opening of First Envelope by Purchaser

20.1 The Purchaser will open the Bid through GeM portal.

21. Clarification of Bids

21.1 During bid evaluation, the Purchaser may, at its discretion, ask the
Bidder for a clarification of its bid as per provisions of the GeM portal
and the bidder is required to submit/furnish the clarifications
/documents within the time permitted as per the provisions of the
portal, failing which the bid shall be rejected.

22. Preliminary Examination of First Envelope

22.1 The Purchaser will examine the bids to determine whether they are
complete, whether required sureties have been furnished, whether the
documents have been properly signed, and whether the bids are
generally in order.

In case of non-submission of bid in the portal (soft copy part of the bid)
within the stipulated deadline, then even if the bidder has submitted
the specific documents in hard copy part in original within the
stipulated deadline pursuant to ITB 17.1, its bid shall be considered as
incomplete bid, which shall be summarily rejected.

Similarly, in case of non-submission of Hard copy part of the bid, but

the bidder has uploaded the soft copy part of the bid, the bid will be
considered as incomplete bid. In such a case, the soft copy part of the
first envelope bid uploaded on the portal shall be opened. Such bids
will be rejected during preliminary examination.

22.2 The Purchaser may waive any minor informality, nonconformity or

irregularity in a bid that does not constitute a material deviation,
whether or not identified by the Bidder in Attachment 4 to its bid, and
that does not prejudice or affect the relative ranking of any Bidder as
a result of the technical and commercial evaluation, pursuant to ITB
Clause 24.

22.3 Prior to the detailed evaluation, the Purchaser will determine whether
each bid is complete and is substantially responsive to the Bidding
P a g e | 28
 Documents. Any deviations, conditionality or reservation introduced
in Attachment-4 and/or in the Bid, Technical Data Sheets and
covering letter, or in any other part of the bid will be reviewed to
conduct a determination of the substantial responsiveness of the
bidder’s bid. For purposes of this determination, a substantially
responsive bid is one that conforms to all the terms, conditions and
specifications of the Bidding Documents without material deviations,
objections, conditionalities or reservations. A material deviation,
objection, conditionality or reservation is one (i) that affects in any
substantial way the scope, quality or performance of the contract; (ii)
that limits in any substantial way, inconsistent with the Bidding
Documents, the Purchaser’s rights or the successful Bidder’s
obligations under the contract; or (iii) whose rectification would
unfairly affect the competitive position of other bidders who are
presenting substantially responsive bids.

22.3.1 Bids containing deviations from critical provisions relating to GCC

Governing Law, Terms of Payment, Performance Security, Taxes and
duties, Liquidated Damages for Delay by Contractor, Guarantee &
Defect Liability, Patent & Royalties, Limitation of Liability, Settlement
of Disputes, Arbitration and Price Adjustment will be considered as
non-responsive.

22.3.2 Regarding deviations, conditionality or reservations introduced in the

bid, which will be reviewed to conduct a determination of substantial
responsiveness of the Bidder’s bid as stated in ITB Sub-Clause 22.3, the
order of precedence of these documents to address contradictions, if
any, in the contents of the bid, shall be as follows:
I. Attachment-4 : Deviations
II. Technical Data Sheet
III. Any other part of the bid

Contents of the document at Sr. No. I above will have overriding

precedence over other documents (Sr. No. II to III above), and so on.

22.4 If a bid is not substantially responsive, it will be rejected by the

Purchaser, and may not subsequently be made responsive by the
Bidder by correction of the nonconformity. The Purchaser’s
determination of a bid’s responsiveness is to be based on the contents
of the bid itself without recourse to extrinsic evidence.

23. Qualification

23.1 The Purchaser will ascertain to its satisfaction whether Bidders

determined having submitted substantially responsive bids are
qualified, as per the Qualification Requirement specified in GEM bid
and also in Annexure – A (BDS) to satisfactorily perform the contract.
The Purchaser shall be the sole judge in this regard and the Purchaser’s

P a g e | 29
 interpretation of the Qualification Requirement shall be final and
binding.

23.2 The determination will take into account the Bidder,s financial,
technical capabilities including production capabilities, in particular
the Bidder’s contract work in hand, future commitments & current
litigation and past performance including fatal accidents during
execution of contracts that have been awarded by the Purchaser on the
Bidder. It will be based upon an examination of the documentary
evidence of the Bidder’s qualifications submitted by the Bidder in
Attachment 3 to the bid, as well as such other information as the
Purchaser deems necessary and appropriate. This shall, however, be
subject to assessment that may be carried out, if required, by the
Purchaser as per the provisions of Annexure -A (BDS).

23.2.1 The determination shall also take into account the assessment of Bid
Capacity of a bidder before considering them for award of contract(s).
Such Bid Capacity for regulating award of contract(s) on a bidder
during any Financial Year (i.e. April to March) shall be subject to the
condition that aggregate of the Minimum Average Annual Turnover
(MAAT) requirement specified in Qualification Requirement
(Annexure-A(BDS)) for various packages to be considered for award
[shall mean the package(s) for which award has been placed on that
Bidder/ Bidder is under the zone of consideration for award of the
package(s)] during such Financial Year (i.e. April to March) shall not
exceed 1.5 (one and half) the Average Annual Turnover (AAT) of the
Bidder worked out in the manner as specified in Qualification
Requirement for the Bidder(Annexure-A(BDS)).

23.2.2 Notwithstanding the above, in case any of the event(s) as per ITB
Clause 2.1 is encountered afresh even prior to opening of Second
Envelope/Price Part Bid of any package, the bid of such bidder shall
be considered as non-responsive/not eligible for that package.

For the above purpose, the bidder shall also submit a declaration in
Attachment 17.

23.2.3 For Equipment/Instruments/Goods etc., the bidder/ manufacturer

shall be considered to have the Manufacturing Capacity under various
packages during a financial year (i.e. April to March) provided the
annualized requirement of such item under the package(s) for which
a bidder shall be considered for award [shall mean the package(s) for
which award has been placed on that bidder/bidder is under the zone
of consideration for award of the package(s)] during the said financial
year does not exceed 0.67 times the annual manufacturing capacity of
the bidder/ manufacturer.

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 The manufacturing capacity shall be based on as declared by the
Power of Attorney holder and Key Managerial Person of the bidder
and certified by a Chartered Engineer or similar Professional/
Professional body/Govt. Agencies in the country of the bidder/
manufacturer. However, this shall be further restricted to the balance
manufacturing capacity net of the works under execution (i.e.
manufacturing capacity available for further award) as declared by the
bidder itself in the bid.

23.2.4 Notwithstanding the declaration by the bidder as above, the Bid

Capacity/ Manufacturing Capacity shall be subject to assessment, if
any, by the Purchaser.

23.2.5 The Bidder shall note that if at any stage, they have been found to
resort to unethical practices inter-alia including any misrepresentation
of facts, submission of false and/ or forged details/ documents/
declaration as above, the bidder may be debarred from the
participation in Purchaser’s tenders for a period of 1 to 3 years, as
considered appropriate and its Contract Performance Guarantee shall
be forfeited besides taking other actions as deemed appropriate inter-
alia considering bid submitted by the Bidder in future packages as
non-responsive in line with ITB 13.3

23.3 The Purchaser may waive any minor informality, nonconformity or

irregularity in a bid that does not constitute a material deviation,
affecting the capability of the Bidder to perform the Contract.

23.4 An affirmative determination will be a prerequisite for the Purchaser

to evaluate the Technical Bid and open the Second Envelope (Price
offer) of the Bidder. A negative determination will result in rejection
of the Bidder’s bid.

23.5 For all above purposes, Purchaser shall be sole judge in this regard

24. Evaluation of Techno - Commercial Part (First Envelope/Technical Bid)

24.1 The Purchaser will carry out a detailed evaluation of the bids of the
qualified bidders in order to determine whether the technical aspects
are in accordance with the requirements set forth in the Bidding
Documents. In order to reach such a determination, the Purchaser will
examine the information supplied by the bidders, pursuant to ITB
Clause 9, and other requirements in the Bidding Documents, taking
into account the following factors:

(a) overall completeness and compliance with the Technical

Specifications and Drawings; deviations from the Technical
Specifications as identified in Attachment 4 to the bid and those
deviations not so identified; suitability of the facilities offered in

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 relation to the environmental and climatic conditions prevailing
at the site; and quality, function and operation of any process
control concept included in the bid. The bid that does not meet
minimum acceptable standards of completeness, consistency and
detail will be rejected for non-responsiveness.

(b) achievement of specified performance criteria by the facilities

(c) Compliance with the time schedule specified in BDS/SCC/GeM

Bid.

(d) type, quantity and long-term availability of mandatory and

recommended spare parts and maintenance services

(e) any other relevant technical factors that the Purchaser deems
necessary or prudent to take into consideration.

(f) any deviations to the commercial and contractual provisions

stipulated in the Bidding Documents.

(g) details furnished by the bidder in response to the requirements

specified in GTR/Technical Specification/Scope of work of the
Bidding Documents.

25. Opening of Second Envelope by Purchaser

25.1 The Second Envelope i.e., Price Part of only those Bidders who have
qualified shall be opened who are determined as having submitted
substantially responsive bids and are ascertained to be qualified to
satisfactorily perform the Contract, pursuant to ITB Clause 23 and 24.

Such Bidders shall be intimated through portal only about the date
and time for opening of Price Part i.e., Second Envelope of the Bids by
the Purchaser. A negative determination of the bids pursuant to ITB
Clause 23 and 24, shall be notified by the Purchaser to such Bidders
through portal only and the Second Envelope submitted by them shall
be sent to archive unopened.

26. Conversion to Single Currency

26.1 This shall not be applicable as domestic firms are required to quote the
prices in Indian Rupees only.

27. Evaluation of Second Envelope (Price Part)

27.1 The Purchaser will examine the Price Parts (Second Envelopes) to
determine whether they are complete, whether any computational

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 errors have been made, whether the documents have been properly
signed, and whether the bids are generally in order.

The Price Part containing any deviations and omissions from the
contractual and commercial conditions and the Technical
Specifications which have not been identified in the First Envelope are
liable to be rejected.

27.2 Arithmetical errors will be rectified on the following basis. If there is a

discrepancy between the unit price and the total price, which is
obtained by multiplying the unit price and quantity specified by the
Purchaser, or between subtotals and the total price, the unit or subtotal
price shall prevail, and the quantity and the total price shall be
corrected. However, in case of items quoted without indicating any
quantity or the items for which the quantities are to be estimated by
the Bidder, the total price quoted against such items shall prevail. If
there is a discrepancy between words and figures, the amount in
words will prevail.

The prices of all such item(s) against which the Bidder has not quoted
rates/amount (viz., items left blank or against which „-„ is indicated)
in the Price Schedules will be deemed to have been included in other
item(s).

The subtotal, total price or the total bid price to be identified in Bid for
this purpose, irrespective of the discrepancy between the amount for
the same indicated in words or figures shall be rectified in line with
the procedure explained above.

If the Bidder does not accept the correction of errors as per this clause,
its bid will be rejected and the bid submitted by the Bidder for futures
packages will be considered non-responsive in line with ITB 13.3.

27.3 The Purchaser's comparison will also include the costs resulting from
application of the evaluation procedures described in ITB Sub-Clause
27.4 & 27.5.

27.4 The Purchaser’s evaluation of a bid will take into account, in addition
to the bid prices indicated in the portal (Second Envelope), the
following costs and factors that will be added to each Bidder’s bid
price in the evaluation using pricing information available to the
Purchaser, in the manner and to the extent indicated in ITB Sub-Clause
27.5 and in the Technical Specifications:

(a) the cost of all quantifiable deviations and omissions from the
contractual and commercial conditions and the Technical

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 Specifications as identified in the evaluation of First Envelope,
and other deviations and omissions not so identified;

(b) the performance of the equipment offered;

Bidder shall conform to the guaranteed performance or efficiency

of the Goods in response to the Technical Specifications. Goods
offered shall have minimum performance specified in Technical
Specification to be considered responsive. Bids offering Goods
with a performance less than the specified may be rejected.

(c) any other relevant factors listed in BDS.

27.5 Pursuant to ITB Sub-Clause 27.4, the following evaluation methods

will be followed:

(a) Contractual and commercial deviations

The evaluation shall be based on the evaluated cost of fulfilling

the contract in compliance with all commercial, contractual and
technical obligations under this Bidding Documents. In arriving
at the evaluated cost, towards deviations whether material or
minor identified in the evaluation of First Envelope, the cost of
withdrawal indicated by the bidder in Attachment-4 of the First
Envelope will be used. If such a price is not given except for
material deviation, the Purchaser will make its own assessment
of the cost of such a deviation for the purpose of ensuring fair
comparison of bids.

In those cases, where the bidder has taken a material deviation

but has not indicated the cost of withdrawal, the bid shall be
treated as non- responsive and shall not be considered further.

(b) Performance Guarantees of the Equipments

For the purpose of evaluation, no adjustment to the bid price

towards performance guarantees of the goods is applicable.
However, the provision of Technical Specification, the Bidding
Documents and Clause ITB 27.4 (b) shall prevail.

27.6 Any adjustments in price that result from the above procedures shall
be added, for purposes of comparative evaluation only, to arrive at an
“Evaluated Bid Price.” Bid prices quoted by bidders and rectified as
per ITB Sub Clause 27.2 shall remain unaltered.

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28. Purchase/ Domestic Preference

28.1 As per BDS

29. e-Reverse Auction (e-RA)-Refer BDS

29.1 The Purchaser reserves the right to conduct e-Reverse Auction (e-RA)
for further reduction in the price. In case e-RA is conducted, same shall
be done in the manner as indicated at GeM Portal
For the purpose of the aforesaid, the „Indicative Estimated Cost for e-
RA‟ is as mentioned in BDS.

30. Confidentiality and Contacting the Purchaser

30.1 After the public opening of bids, information relating to the
examination, clarification, and evaluation of bids and
recommendations concerning awards shall not be disclosed to Bidders
or other persons not officially concerned with this process until the
publication of contract award. From the time of bid opening to the
time of contract award, if any Bidder wishes to contact the Purchaser
on any matter related to its bid, it should do so in writing.

30.2 Any effort by a Bidder to influence the Purchaser in the Purchaser’s

bid evaluation, bid comparison or contract award decisions may result
in rejection of the Bidder’s bid. The Purchaser shall be the sole judge
in this regard.

F. Award of Contract

31. Award Criteria

31.1 Subject to ITB Clause 32, the Purchaser will award the contract to the
successful Bidders.

Notwithstanding above, the Purchaser may award the contract(s) to

one or more Bidders whose bid has been determined to be
substantially responsive, in the manner indicated in the ITB Clause 28,
further provided that the Bidder(s) are determined to be qualified, as
per the Qualification requirement specified in Annexure-A(BDS) to
perform the Contract satisfactorily. This shall, however, be subject to
assessment that may be carried out, if required, by the Purchaser as
per the provisions of Annexure-A(BDS). The Purchaser shall be the
sole judge in this regard.

31.2 The Purchaser may request the Bidder to withdraw any of the
deviations listed in the winning bid.

At the time of Award of Contract, if so desired by the Purchaser, the

bidder shall withdraw the deviations listed in Attachment 4 to the First
Envelope at the cost of withdrawal stated by him in the bid. In case the
P a g e | 35
 bidder does not withdraw the deviations proposed by him, if any, at
the cost of withdrawal stated by him in the bid, his bid will be rejected
and the bids submitted by such Bidder in future packages will be
considered non-responsive in line with ITB 13.3.

Bidder would be required to comply with all other requirements of the

Bidding Documents except for those deviations which are accepted by
the Purchaser.

31.3 The mode of contracting with the successful bidder will be as per
stipulation outlined in GCC and briefly indicated below:

31.3.1 Award shall be placed on lowest techno-commercially accepted bidder as

per the provisions of the GeM portal.

32. Purchaser’s Right to Accept any Bid and to Reject any or all Bids

32.1 The Purchaser reserves the right to accept or reject any bid, and to
annul the bidding process and reject all bids at any time prior to award
of contract, without thereby incurring any liability to the affected
Bidder or bidders or any obligation to inform the affected Bidder or
bidders of the grounds for the Purchaser’s action.

33. Notification of Award

33.1 Contract shall be awarded through Provisions available in GeM.

33.2 Prior to the expiration of the period of bid validity, the Purchaser will
notify the successful Bidder in writing, that its bid has been accepted.
The notification of award will constitute the formation of the contract.

33.3 Upon the successful Bidder’s furnishing of the performance security

pursuant to ITB Clause 35.

34. Signing the Contract Agreement

34.1 At the same time as the Purchaser notifies the successful Bidder that
its bid has been accepted, the Purchaser in consultation with the
Bidder will prepare the Contract Agreement provided in the Bidding
Documents, incorporating all agreements between the parties.

34.2 The Contract Agreement shall be prepared within twenty-eight (28)

days of the Notification of Award and the successful Bidder and the
Purchaser shall sign and date the Contract Agreement immediately
thereafter.

35. Performance Security

35.1 Within twenty-eight (28) days after receipt of the Notification of

Award, the successful Bidders shall furnish the performance security
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 for 03% (Three percent) of the contract price plus additional
performance securities, if any, in line with the requirement of
Qualification Requirements, in the amount given in the BDS and in the
form provided in SCC, Sample Forms and Procedures, of the Bidding
Documents.

Alternatively, Security deposit @3% shall be deducted from the

running bill of the contractor till the amount so deducted becomes 3%
of the Contract Price, which shall be released after completion of
Defect Liability Period.

35.2 Failure of the successful Bidder to comply with the requirements of

ITB Clause 34 or Clause 35 shall constitute sufficient grounds for the
annulment of the award and the bids submitted by such Bidder in
future packages shall be considered non-responsive in line with ITB
13.3, in which event the Purchaser may make the award to the next
lowest evaluated Bidder or call for new bids.

36. Fraud and Corruption

It is the Purchaser’s policy that requires the Bidders, suppliers and

contractors and their subcontractors under the contracts to observe the
highest standard of ethics during the procurement and execution of
such contracts. In pursuance of this policy, the Purchaser:

(a) defines, for the purpose of this provision, the terms set forth below
as follows:

(i) “Corrupt Practice” means offering, giving, receiving, or

soliciting anything of value to influence the action of
Purchaser official(s) in the procurement process.

(ii) “Fraudulent Practice‟” means any act including

suppression/ misrepresentation of facts, submissions of
forged/ false documents, making false declarations etc. that
knowingly or recklessly misleads, or attempts to mislead, a
party to obtain a financial gain or benefit, or to avoid an
obligation, or to influence procurement process to the
detriment of interest of the Purchaser, including collusive
practices among bidders (prior to or after bid submission)
to establish bid prices at artificial, non-competitive levels
and to deprive Purchaser of the benefits of competitive
prices.

(iii) “collusive practice” shall also include an arrangement

between two or more parties designed to achieve an
illegitimate purpose to the detriment of interest of
Purchaser.

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 (iv) “coercive practice” is impairing or harming, or threatening
to impair or harm, directly or indirectly, any party or the
property of the party to influence improperly the actions of
a party;

(v) “Obstructive practice” means

(aa) deliberately destroying, falsifying, altering or

concealing of evidence material to the investigation
or making false statements to investigators in order
to materially impede investigation into allegations of
a corrupt, fraudulent, coercive, or collusive practice;
and/ or threatening, harassing or intimidating any
party to prevent it from disclosing its knowledge of
matters relevant to the investigation or from
pursuing the investigation,

or

(bb) acts intended to materially impede the exercise of the

contractual rights or audit or access to information.

(b) will reject a proposal for award if it determines that the bidder
recommended for award has, directly or through an agent,
engaged in corrupt, fraudulent, collusive, coercive or obstructive
practices in competing for the contract in question;

(c) will sanction a firm or individual, including declaring ineligible,

either indefinitely or for a stated period of time, to be awarded a
contract if it at any time determines that the firm has, directly or
through an agent, engaged in corrupt, fraudulent, collusive,
coercive or obstructive practices in competing for, or in executing,
a contract; and

(d) will have the right to require that the provision be included in
Bidding Documents and in contracts, requiring Bidders, suppliers,
and contractors and their sub-contractors to permit the Purchaser
to inspect their accounts and records and other documents relating
to bid submission and contract performance and to have them
audited by auditors appointed by the Purchaser.

----- End of Section-II (ITB) ----

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