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3.0 EMD/Bid Security shall be submitted in a sealed envelope separately offline/online by the
stipulated bid submission closing date and time at the address given below. Any bid without
an acceptable Bid Security (if applicable) shall be treated as non-responsive by the employer
and shall not be opened.
Manager (C&M)
Hindustan Urvarak & Rasayan Limited,
(A JV of CIL, NTPC, IOCL, FCIL & HFCL)
Admin Building, HURL Campus,
PO-HURL Fertilizer Plant,
Gorakhpur-273007
4.0 MSE bidders are exempted from submission of EMD as per provisions in the Tender
Documents.
MSE bidders seeking benefits of MSE as specified in the Tender Documents, must submit
Attested/Self attested copy of Registration certificates (as mentioned in clause 4.0 of ITB)
failing which no benefit of MSE shall be extended.
5.0 A complete set of Bidding Documents may be downloaded by any interested from the e-
tendering Site (https://eprocure.gov.in/eprocure/app).
Bidder who has downloaded the tender from the Central Public Procurement Portal
(CPPP) website https://eprocure.gov.in/eprocure/app, shall not tamper/modify the
tender document/form including downloaded price bid template in any manner.
In case the same is found to be tampered/modified in any manner, bid will be
completely rejected and EMD would be forfeited and Bidder is liable to be banned from
doing business with HURL for a period of two years.
Intending Bidders are advised to visit CPPP website https://eprocure.gov.in/eprocure/app
regularly till closing date of submission of tender for any corrigendum / addendum/
amendment.
Not more than one tender shall be submitted by one bidder/ bidder(s) having business
relationship. Under no circumstance will father and his son(s) or other close relations who
have business relationship with one another (i.e., when one or more partner(s)/director(s) are
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common) be allowed to tender for the same contract as separate competitors. A breach of this
condition will render the tenders of both parties liable to rejection.
6.0 Qualifying Requirements / Pre-Qualification Criteria (PQC)
Following are the Qualifying Requirements / Pre-Qualification Criteria (PQC) for the subject
package:
1.
Bidder must submit any document as a proof
Bidder should be either
that they are either manufacturer / supplier of
manufacturer/ supplier of BoQ
BoQ items duly signed & stamped by
items. (proof to be submitted) Authorized Signatory.
7.0 Bids will be opened as per date/time as mentioned on the Date specified above or on the date
specified on the e-tendering portal. The date of Price-Bid opening will be intimated later on
the e-tendering portal.
8.0 HURL shall not be responsible for any postal /courier delay for submission of EMD and/or
other original documents, if applicable.
9.0 HURL reserves the right to reject any or all bids or cancel/withdraw the NIT for the subject
package without assigning any reason whatsoever and in such case no bidder/intending bidder
shall have any claim arising out of such action.
10.0 Bids shall be digitally signed and uploaded by someone legally authorized and competent on
behalf of his firm / company i.e., Bidder and relevant documents w.r.t. the same to be
uploaded along with the bid by the bidders.
The Power of Attorney of such person needs to be furnished along with bid.
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HINDUSTAN URVARAK & RASAYAN LIMITED
(A JOINT VENTURE OF CIL, NTPC, IOCL, FCIL & HFCL)
SECTION – I
INSTRUCTIONS TO BIDDERS
(ITB)
1) Introduction
Hindustan Urvarak & Rasayan Limited (HURL) is a joint venture company of Coal India Limited
(CIL), NTPC Limited (NTPC) and Indian Oil Corporation Limited (IOCL) as the lead promoters
with Fertilizer Corporation of India Limited (FCIL) and Hindustan Fertilizer Corporation Limited
(HFCL) as other two partners.
HURL referred to herein as ‘the Employer’, intends to engage an agency for supply of Goods &
related Services or Services as per specifications, Scope of Work as detailed in the Bidding
documents.
2) General Information
The prospective Bidders are invited to submit a “Technical Bid” and “Price Bid” for the tender.
Methodology for submission of Bid has been detailed hereunder in this document.
Applicability of Reverse Auction may be seen on the CPP/GeM website / NIT.
3) Content of Bidding Documents
The items and/or services required, bidding procedures, order/contract terms and technical
requirements are prescribed in the Bidding Documents.
The bidding documents include the following sections:
The Bidder is expected to examine all instructions, forms, terms, conditions, specifications and other
information in the bidding documents. Failure to furnish all information required as per 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.
4) Benefits to MSEs
Micro and Small Enterprises (MSEs) shall be exempted from paying Earnest Money Deposit.
Further, in case of tenders where splitting of quantity is possible, participating MSEs quoting price
within price band of L1 + 15 percent shall also be allowed to supply a portion of requirement by
bringing down their price to L1 price in a situation where L1 price is from someone other than a
Micro and Small Enterprise and such Micro and Small Enterprise shall be allowed to supply
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minimum 25 percent of total tendered quantity. In case of more than one such MSE, the supply will
be shared proportionately (to tendered quantity).
The benefit as above to MSEs shall be available only for Goods/Services produced &
provided by MSEs.
MSEs seeking exemption and benefits should enclose/upload in e-tender portal an attested/self-
certified copy of following registration certificate as a part of his bid, failing which they run the risk
of their bid being passed over as ineligible for the benefits applicable to MSEs.
The benefit of MSE will be in accordance to the guidelines issued by Ministry of Micro, Small &
Medium Enterprises.
5) Cost of Bidding
The Bidder shall bear all costs associated with the preparation and submission of its bid and the
Employer will in no case be responsible or liable for these costs, regardless of the conduct or
outcome of the bidding process.
6) Clarification on Bidding Documents
A prospective Bidder requiring any clarification of the Bidding Document shall put the query under
Clarification tab of the on-line bid at least three days prior to the clarification end date. EMPLOYER
will respond to any request for clarification or modification of the bidding documents that it receives
within the time line specified.
EMPLOYER will post the Clarifications under Clarification tab at e-tender i.e., CPP/GeM website.
Bidders can view these clarifications.
Bidders are advised to regularly check under Clarification tab regarding posting of clarification, if
any.
Bidders must check the Clarifications issued before submission of Bid. Should the Employer deem it
necessary to amend the Bidding Document as a result of a clarification, it shall do so and upload the
amendments in the tender on the e-tender portal.
7) Corrigendum/ Amendment to Bidding Documents
At any time prior to the deadline for submission of bids, EMPLOYER may, for any reason, whether
at its own initiative, or in response to a clarification requested by a prospective Bidder, amend the
bidding documents.
The corrigendum’s/amendment’s will be posted in the tender on the e-tender portal for viewing by
the Bidder. The amendments will be binding on Bidders and it will be assumed that the information
contained therein will have been taken into account by the Bidder in its bid. Bidders are advised to
regularly check the tender regarding posting of Amendments, if any.
To give prospective Bidders reasonable time to take the corrigendum/amendment into account in
preparing their bid, EMPLOYER may, at its discretion, extend the deadline for the submission of
bids.
8) Language of Bid
The Bid, as well as all correspondence and documents relating to the Bid exchanged by the Bidder
and the Employer, shall be written in English language. Supporting documents and printed literature
that are part of the Bid may be in another language provided they are accompanied by an accurate
translation of the relevant passages in English. In such case for purposes of interpretation of the Bid
such translation shall govern.
9) Bid Proposal
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Bid shall be complete in all respects and shall be submitted with requisite information and
Attachments. It shall be free from any ambiguity.
For preparation of Bids, Bidders are expected to go through the complete bidding documents
carefully. Material deficiencies in providing the information requested may result in rejection of the
Bid.
10) Documents Comprising the Bid
The Bid shall comprise of following components:
i) Technical Bid:
The following documents are to be furnished by the Bidder as part of the Technical Bid:
a) Techno Commercial Proposal Bid Form
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Quantity (BOQ).
12) Price Basis
Bidders are required to quote price on the price basis as per Scope of Work / stipulated in the SPC.
13) Bid Currencies
All prices to be quoted by the bidders will be in Indian Rupees only, unless otherwise mentioned in
the Special Purchase Conditions (SPC), on FIRM price basis and to remain valid during the Contract
period.
14) Ineligibility for Future Tenders
Notwithstanding the provisions regarding forfeiture of Earnest Money Deposit specified above, if a
bidder after having been issued the Purchase Order/Contract, either does not accept the Purchase
Order/Contract or does not submit an acceptable Performance Security and which results in tender
being annulled then such bidder shall be treated ineligible for participation in re-tendering of the
particular package.
If a bidder after opening of tenders where EMD is ‘NIL/Not applicable’ or exempted for bidders as
per policy guidelines, withdraws its offer within the validity period of the offer, then such bidder
shall be treated as ineligible for participation in the future tenders issued from HURL for a period of
one (01) year from the date of withdrawal of the bid.
If a bidder after having been issued the Notification of Award/Purchase Order of a package where
EMD is ‘NIL/Not applicable’ or exempted for bidder as per policy guidelines, either does not accept
the Notification of Award/Purchase Order or does not submit an acceptable Performance Security
pursuant to ITB Clause titled ‘Performance Security’, and which result in tender being annulled then
such bidder shall be treated ineligible for participation in re-tendering of this particular package.
15) Period of Validity of Bids (Techno-Commercial Bid and Price Bid)
Bids shall remain valid for a period of 90 days from the closing date prescribed by EMPLOYER for
the receipt of bids, unless otherwise specified in Special Purchase Conditions (SPC). A bid valid for
a shorter period shall be rejected by EMPLOYER as being non-responsive.
In exceptional circumstances, EMPLOYER may solicit the Bidder's consent to an extension of the
bid validity period. The request and responses thereto shall be made in writing by post or email or by
telefax followed by post confirmation. If a Bidder accepts to extend the period of bid validity, the
validity of Earnest Money Deposit shall also be suitably extended. A Bidder may refuse the request
without forfeiting its Earnest Money Deposit. A Bidder granting the request will not be required nor
permitted to modify its bid.
16) Nil Deviation
No deviation, whatsoever, is permitted by EMPLOYER to any provision of Bidding
Documents. The Bidders are advised that while making their Bids and quoting prices, all conditions
are appropriately taken into consideration. Bidders shall certify their compliance to the complete
Bidding Documents as per Certificate at Annexure 4 of Section V (Forms Related to Bid).
In case the Products and/or Services offered do not meet the Technical requirements, the bid shall be
rejected as Technically non-responsive.
Bidders may note that in case the Bidder refuses to withdraw additional
conditions/deviations/variations/exception, implicit or explicit, found anywhere in the techno-
commercial bid, the bid shall be rejected as Technically non-responsive.
Bidders may also note that any deviation/variation in any form in the Price Bid shall result in
forfeiture of EMD.
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17) Format and Signing of Bid
The bid including all documents uploaded in the on-line bid shall be digitally certified by a duly
authorised representative of the Bidder to bind him to the contract using Class II or Class-III digital
signature (in the name of designated individual with Organisation name). The Digital Signature shall
be as per Indian IT Act from the licensed Certifying Authorities (CA) operating under the Root
Certifying Authority of India (RCAI) namely Controller of Certifying Authorities (CCA) of India.
An authorisation letter/power of attorney indicating that the person signing the bid has the authority
to sign the bid is to be submitted in Physical form and copy uploaded as part of the Techno-
commercial Bid.
18) Submission of Bids
Bid shall be submitted through e-tender mode in the manner specified elsewhere in bidding
document. No Manual/ Hard Copy of the Bid shall be acceptable except those asked for in Physical
form.
a. Physical Bid
i. EMD
The Bidder shall furnish, as part of his bid, an Earnest Money Deposit in the amount as
stipulated in NIT, in a separate envelope (in case paid in modes other than on-line
payment) super scribed on the top as under:
The following documents are to be furnished by the Bidder as part of the Technical Bid:
c) Signed, Stamped and Scanned copy of proof for payment of Earnest Money
Deposit (EMD)/ MSE Certificate.
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d) Signed, Stamped and Scanned copy of Certificates like Registration certificate,
GST No, PAN No. etc.
e) Signed, Stamped and Scanned copy of Format for Electronics Payment (Enclosed
as Annexure-2 to Forms Related to Bid i.e., Section V).
f) Signed, Stamped and Scanned copy of Tender Acceptance Letter & Letter of
authorization to submit bid (Enclosed as Annexure-3 to Forms Related to Bid i.e.,
Section V).
j) Acceptance to Fraud Prevention Policy of HURL, for which the bidder has to
submit Signed, Stamped and Scanned copy of Form of Acceptance of Fraud
Prevention Policy of HURL. (Enclosed as Annexure-6 to Forms Related to Bid
i.e., Section V).
*** Documents to be uploaded in the format stipulated in the tender (online) ***
Note:
In case of Single Stage Two envelope bidding, Price Bid of those bidders whose bids are found to
be qualified and technically & commercially responsive shall be opened at a later date under
intimation to such bidders.
19) Deadline for Submission of Bid
Bids must be submitted online no later than the time and date stated in the Tender Enquiry/NIT/ on
line Tender details.
The Off-line bid specified in the tender must be submitted to the Employer at the address given in the
Special Purchase Conditions (SPC) before the last date & Time for submission of Bid as specified in
the NIT / Tender. Employer shall not be liable for loss/non-receipt/late receipt of above documents in
postal transit.
The on-line Bid must be submitted on the system well before the expiry of time and the schedule
specified in the tender notifications, and may note that there is a time lag between the actual placing
the bid on the local computer of the bidder and the refreshing of the data on the server.
The processing time for data exchange depends on the internet speed of the bidder, therefore bidder
should avoid the last-minute hosting of their bid. The bids visible to the Employer will be final for
the purpose of acceptance.
EMPLOYER may, at its discretion, extend this deadline for submission of bids, in which case all
rights and obligations of Employer and Bidders will thereafter be subject to the deadline as extended.
20) Modification and Withdrawal of Bid
The Bidder may modify or withdraw its bid after submission prior to the deadline prescribed for bid
submission. In case of withdrawal a letter giving the reason for withdrawal is to be uploaded. Once
a bid is withdrawn, the bid cannot be re-submitted.
No bid may be withdrawn / modified in the interval between the bid submission deadline and the
expiration of the bid validity period. Withdrawal/Modification of a bid during this interval may result
in the Bidder’s forfeiture of its Earnest Money Deposit, pursuant to ITB Clause 14 above.
21) Opening of Bid
a. Techno-Commercial Bid Opening
The Employer will first open the Techno-Commercial Bid on the date and at the place
specified in the tender enquiry/NIT. In the event of the specified date for the opening of bids
being declared a holiday for EMPLOYER, the bids will be opened at the appointed time on
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the next working day. All important information and other such details as EMPLOYER, at its
discretion, may consider appropriate, will be announced at the opening.
Technical Bid shall be opened for evaluation.
In case of Single Stage Two Envelope bidding, the Price Bid will remain unopened and the
date and time for opening of price bids shall be intimated separately on the CPP/GeM website
by EMPLOYER after completion of evaluation of Techno-Commercial Bids.
b. Price Bid Opening
In case of Single Stage Single Envelope bidding, the Price Bid will be opened on the date and
time for opening of bids specified after opening of Techno-commercial bids as specified
above.
In case of Single Stage Two Envelope bidding, after the evaluation process of Techno-
Commercial bid is completed, the date and time for opening of price bids shall be intimated
separately by Employer. Bidders, whose Techno-Commercial Bid is not substantially
responsive, their Technical Bid shall be rejected and their Price bid will also be rejected &
shall not be opened and their Earnest Money Deposit shall be returned.
Price bids of those Bidders, who have been considered qualified and whose Techno-
commercial Bid is found to be responsive, will be opened online in presence of the Bidder's
authorised representatives who choose to attend.
The participating bidders will be able to view the bid prices of all the bidders after
online opening of Price Bids by Employer on the e-tender portal.
22) Clarification on Bid
During bid evaluation, EMPLOYER may, at its discretion, ask the Bidder for a clarification of its bid
including documentary evidence pertaining to the Purchase Orders/Contracts executed declared in the
bid for the purpose of meeting Qualifying Requirement specified in NIT. The request for clarification
and the response shall be in writing, and no change in the price or substance of the bid including
substitution of Purchase Orders/Contracts executed in the bid by new/additional Purchase
Orders/Contracts executed for conforming to Qualifying Requirement shall be sought, offered or
permitted.
For this purpose, only 1 chance, shall be given. If the techno-commercial acceptability of bidder is
established upon verification of documents including clarifications submitted, the case shall be
considered for further processing. If the bidder happens to be defaulter upon verification of the
documents or has not uploaded the required document within the mentioned time frame his bid would
be analysed based on the uploaded documents and if found not in order as per requirement, would be
outrightly rejected.
23) Preliminary Examination of Techno-Commercial Bids
EMPLOYER will examine the bids to determine whether they are complete, whether required
securities have been furnished, whether the documents have been properly signed and whether the
bids are generally in order.
Prior to the detailed evaluation, the Employer will determine whether the bid is of acceptable quality,
is generally complete and is substantially responsive to the bidding document. For purpose of this
determination, a substantially responsive bid is one that conforms to all the terms, condition and
specifications of the bidding documents without material deviations, objections, conditionality or
reservations.
A material deviation, objection, conditionality or reservation is
(i) That effects in any substantial way the scope quality or performance of the contract.
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(ii) That limits in any substantial way inconsistent with the bidding document the Employers right
or the successful bidder’s obligation under the contract or
(iii)Whose rectification would unfairly affect the competitive position of other bidders who are
presenting substantially responsive bids.
Material deficiencies in the bid may render the bid non-responsive and may lead to the rejection of
the bid.
EMPLOYER’s determination of a bid’s responsiveness is to be based on the contents of the bid itself
without recourse to extrinsic evidence. If a bid is not substantially responsive, it will be rejected by
EMPLOYER, and may not subsequently be made responsive by the Bidder by correction of the
nonconformity.
24) Evaluation of Techno-Commercial Bids
EMPLOYER will carry out a detailed evaluation of the Techno-Commercial bids (of the qualified
bidders shortlisted as above) previously determined to be substantially responsive in order to
determine whether the technical and commercial aspects are in accordance with the requirements set
forth in the bidding documents. In order to reach such a determination, EMPLOYER will examine
and compare the technical and commercial aspects of the bids on the basis of the information
supplied by the bidders. Bidder may note that no deviation, whatsoever, is permitted by EMPLOYER
to any provisions of Bidding Documents.
In case the Bidder refuses to withdraw additional conditions/deviations/variations/exception, implicit
or explicit, found anywhere in the bid in respect of techno-commercial requirements of the bidding
documents, without any financial implication whatsoever to the Employer, the bid shall be rejected as
technically non-responsive. Product(s) and/or service(s) not meeting the specified technical
requirements & scope work, shall be rejected.
25) Preliminary Examination of Price Bid
The Employer will examine the Price bids to determine whether they are complete, whether any
computational errors have been made, and whether the bids are generally in order.
In case any additional conditions/deviations/variations/exception, implicit or explicit, is found
anywhere in the Price bid, the Earnest Money Deposit shall be forfeited.
26) Financial Disqualification
An abnormally low bid will be rejected and will not be considered as L1.
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 material concerns as to the capability of the Bidder to perform the
contract at the offered price.
In such situation the bidder shall have to provide written clarification including detailed price
analysis of the Bid price in relation to scope, schedule, resource mobilization, allocation of risks and
responsibilities, and any other requirements of the bid document.
If, after evaluating the price analyses, the employer determines that the Bidder has substantially
failed to demonstrate its capability to deliver the contract at the offered price, the employer may
reject the Bid/ Proposal and the bidder will not be considered in the evaluation of the financial
ranking.
27) Discrepancies in Bid
In case of discrepancies in the bid, the following will be adopted to correct the discrepancies for
Arithmetical for the purpose of evaluation.
a) In case of discrepancy between unit price in figures and words, the unit price in words will be
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considered as correct.
b) In case of discrepancy between unit price and total price, the unit price will be considered as
correct.
c) In case of discrepancy between unit price and total price, which is obtained by multiplying the
unit price and quantity, or between sub-totals and the total price, the unit or subtotal price
shall prevail, and the total price shall be corrected accordingly.
28) Evaluation Criteria
The evaluation criteria specified in Special Purchase Conditions (SPC) shall over-ride all other
similar related clauses appearing elsewhere in the bidding documents.
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 Document.
29) Evaluation of Bids
a) The Employer shall evaluate each Bid that has been determined, up to this stage of the
evaluation, to be substantially responsive.
b) To evaluate a Bid, HURL shall only use all the criteria and methodologies defined in this
document.
c) To evaluate a Bid, HURL shall consider the following:
The bid price as quoted as per Bill of Quantity (BOQ).
Price adjustment for correction of discrepancy.
Price adjustment due to discounts offered.
Price adjustment due to Price Preference, pursuant to ITB clause 4.0, if applicable.
Price adjustment due to Price Preference due to any other condition specified in Special
Purchase Conditions (SPC).
Price adjustment due to application of the evaluation criteria.
30) Tiebreaker
In case of a tie at the lowest bid (L-1) position between 02 or more start-up/non-start-up bidders, the
following sequence of preference shall be adopted while processing the Letter of Acceptance
(LOA)/Order.
(a) In case, one of the bidders is MSE owned by SC/ST Entrepreneur, then the order shall be
placed on such bidder.
(b) In case, one of the bidders is MSE owned by women Entrepreneur, then the order shall be
placed on such bidder.
(c) In case, one of the bidders is MSE then the order shall be placed on such bidder.
(d) Otherwise, the order shall be placed on the bidder having higher turnover in the last audited
financial year.
In case there is a tie at lowest bid (L1) position between only startup bidders and none of them has
past turnover, the order/LOA will be placed on the startup who has registered earlier with the
department Promotion of industry and Internal Trade.
However, the above order of performance while processing LOA is subject to instructions/guidelines
issued by the government of India from Time to time.
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Subject to ITB clause 25 above, no Bidder shall contact the Employer on any matter relating to its
bid, from the time of the opening of Bids to the time the contract is awarded.
Any effort by a Bidder to influence the Employer in the Employer’s bid evaluation, bid comparison
or contract award decisions may result in rejection of the Bidder’s bid.
32) Employer’s Right to Accept Any Bid and To Reject Any or All Bids
The Employer reserves the right to accept or reject any Bid, and to annul the bidding process and
reject all Bids at any time prior to Contract award, without thereby incurring any liability to the
affected Bidder or Bidders or any obligation to inform the affected Bidder(s) of the grounds for the
Employer’s action.
33) Award Criteria
Subject to ITB Clause 33, the Employer will award the contract to the successful Bidder whose bid
has been determined to be substantially responsive to the Bidding Documents and qualified to
perform the contract satisfactorily.
The Bidder will be required to comply with all requirements of the Bidding Documents without any
extra cost to the Employer, failing which his Earnest Money Deposit will be forfeited.
34) Construction of Contract
If required, HURL may place separate Orders for supplies and Services.
The award of separate Purchase Orders shall not in any way dilute the responsibility of the Supplier
for the successful completion of the Facilities as per Contract documents and a breach in one
Purchase Order shall be construed as a breach of the other Purchase Order(s) which will confer a
right on the Employer to terminate the other Contract(s) also at the risk and cost of the Supplier.
The total value of all the orders shall be the Total Package value.
35) Notification of Award
Prior to the expiration of the period of bid validity, the Employer will notify the successful Bidder in
writing by email or letter or by telefax to be confirmed in writing by letter sent by Speed
Post/Registered/courier, that its bid has been accepted. The notification of award (Purchase/Service
Order) will constitute the formation of the contract and shall be effective from the date of award or
the date as specified in Special Purchase Conditions (SPC).
36) Corrupt or Fraudulent Practices
Employer requires that Bidders, Contractors and Suppliers observe the highest standard of ethics
during the procurement and execution of the contracts. In pursuance of this policy, Employer:
a) Defines, for the purposes of this provision, the terms set forth below as follows:
i. "Corrupt Practice" means the offering, giving, receiving or soliciting of anything of value
to influence the action of a public official in the procurement process or in contract
execution; and
ii. "Fraudulent Practice" means a misrepresentation of facts in order to influence a
procurement process or the execution of a contract to the detriment of the Employer, and
includes collusive practice among Bidders (prior to or after bid submission) designed to
establish bid prices at artificial non-competitive levels and to deprive the Employer of the
benefits of free and open competition;
b) Will reject a bid for award if it determines that the Bidder recommended for award has
engaged in corrupt or fraudulent practices in competing for the contract in question;
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c) Will declare a firm 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 engaged in corrupt or fraudulent
practices in competing for or in executing a contract of the Employer.
37) Fraud Prevention Policy
The Bidders/ Service Providers/ Vendors/ Consultants etc. shall strictly adhere to the Fraud
Prevention Policy of HURL displayed on its website http://www.hurl.net.in and shall not indulge or
allow anybody else working in their organization to indulge in fraudulent activities and immediately
apprise HURL of the fraud/suspected fraud as soon as it comes to their notice. A certificate to this
effect shall be furnished by the bidder along with his bid, in relevant attachment as per format
enclosed (Annexure 6 of Section V (Forms Related to Bid)) with the Bidding Document.
If in terms of above policy, it is established that the bidder/his representatives have committed any
fraud while competing for this contract then the Earnest Money Deposit shall be forfeited.
38) Indian Agents
In a tender, either the Indian Agent on behalf of the Principal/OEM or Principal/OEM itself can bid
but both cannot bid simultaneously for the same item/product.
If an agent submits bid on behalf of the Principal/OEM, the same agent shall not submit bid on behalf
of another Principal/OEM in the same tender for the item/product.
39) Transfer of Bid Documents
a. Transfer of Bidding documents is not permissible.
b. Documents purchased / downloaded by the intending bidders cannot be transferred.
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Annexure-1 to ITB
Checklist of documents to be submitted
Sr. No Item Yes / No Bid Ref.
Signed, Stamped and Scanned copy of proof for payment of Earnest Money Deposit
3
(EMD) / MSE Certificate for exemption.
Signed, Stamped and Scanned copy of Certificates like Registration certificate, GST
4 No, PAN No, etc.
Signed, Stamped and Scanned copy of Format for Electronics Payment (Enclosed
5 as Annexure-2 to Forms and Procedures i.e., Section V)
Acceptance to Fraud Prevention Policy of HURL, for which the bidder has to
submit Signed, Stamped and Scanned copy of Form of Acceptance of Fraud
10
Prevention Policy of HURL. (Enclosed as Annexure-6 to Forms and Procedures
i.e., Section V).
15 Filled BOQ
Note:
Failure to Upload Authentic and Correct Documents as mentioned at Sr. No. 1 to 13 above would
lead to Rejection of Techno- Commercial Bid. Price Bids shall be opened only of those bidders who
are qualified and whose techno-commercial bids are acceptable.
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Annexure 2 to ITB
Instructions for Online Bid Submission
The bidders are required to submit their bids electronically on the CPP/GeM Portal, using valid
Digital Signature Certificates. The instructions given below are meant to assist the bidders in
registering on the CPP/GeM Portal, prepare their bids in accordance with the requirements and
submitting their bidsonline on the CPP/GeM Portal.
More information useful for submitting online bids on the CPP/GeM Portal may be obtained at:
https://eprocure.gov.in /eprocure/app / https://gem.gov.in
1. Registration
a) Bidders are required to enroll on the e-Procurement module of the Central Public
Procurement Portal (URL: https://eprocure.gov.in/eprocure/app / https://gem.gov.in) by
clicking on the link “Online bidder Enrollment” on the CPP/GeM Portal which is free of
charge.
b) As part of the enrollment process, the bidders will be required to choose a unique username
and assign a password for their accounts.
c) Bidders are advised to register their valid email address and mobile numbers as part of the
registration process. These would be used for any communication from the CPP/GeM Portal.
d) Upon enrollment, the bidders will be required to register their valid Digital Signature
Certificate (Class III Certificates with signing key usage) issued by any Certifying Authority
recognized by CCA India (e.g., Sify / nCode / eMudhra etc.), with their profile.
e) Only one valid DSC should be registered by a bidder. Please note that the bidders are
responsible to ensure that they do not lend their DSC’s to others which may lead to misuse.
f) Bidder then logs in to the site through the secured log-in by entering their user ID / password
and the password of the DSC / e-Token.
2. Searching for Bidding Documents
a) There are various search options built in the CPP/GeM Portal, to facilitate bidders to search
active tenders by several parameters. These parameters could include Tender ID,
Organization Name, Location, Date, Value, etc. There is also an option of advanced search
for tenders, wherein the bidders may combine a number of search parameters such as
Organization Name, Form of Contract, Location, Date, Other keywords etc. to search for a
tender published on the CPP/GeM Portal.
b) Once the bidders have selected the tenders they are interested in, they may download the
required documents / tender schedules. These tenders can be moved to the respective ‘My
Tenders’ folder. This would enable the CPP/GeM Portal to intimate the bidders through SMS
/ e- mail in case there is any corrigendum issued to the Bidding Document.
c) The bidder should make a note of the unique Tender ID assigned to each tender, in case they
want to obtain any clarification / help from the Helpdesk.
Page 15 of 17
3. PREPARATION OF BID
a) Bidder should take into account any corrigendum published on the Bidding Document before
submitting their bids.
b) Please go through the Bidding Document carefully to understand the documents required to
be submitted as part of the bid. Please note the number of covers in which the bid documents
have to be submitted, the number of documents - including the names and content of each of
the document that need to be submitted. Any deviations from these may lead to rejection of
the bid.
c) Bidder, in advance, should get ready the documents to be submitted as indicated in the
Bidding Document / schedule. Generally, they can be in PDF / XLS / RAR / DWF/JPG
formats. Bid documents may be scanned with 100 dpi with black and white option which
helps in reducing size of the scanned document.
4. SUBMISSION OF BID
a) Bidder should log into the site well in advance for bid submission so that they can upload the
bid in time i.e. on or before the bid submission time. HURL shall NOT be responsible for any
delay.
b) The bidder has to digitally sign and upload the required bid documents one by one as
indicated in the Bidding Document.
c) Bidder has to select the payment option as “offline” to pay the tender fee / EMD as applicable
and enter details of the instrument.
d) Bidder should prepare the EMD as per the instructions specified in the Bidding Document.
The original should be posted/couriered/given in person to the concerned official, latest by the
last date of bid submission or as specified in the Bidding Documents.
e) Bidders are requested to note that they should necessarily submit their financial bids in the
format provided and no other format is acceptable. If the price bid has been given as a
standard BOQ format with the Bidding Document, then the same is to be downloaded and to
be filled by all the bidders. Bidders are required to download the BOQ file, open it and
complete the blue colored (unprotected) cells with their respective financial quotes and other
details (such as name of the bidder). No other cells should be changed. Once the details have
been completed, the bidder should save it and submit it online, without changing the filename.
If the BOQ file is found to be modified by the bidder, the bid will be rejected.
f) The server time (which is displayed on the bidders’ dashboard) will be considered as the
standard time for referencing the deadlines for submission of the bids by the bidders, opening
of bids etc. The bidders should follow this time during bid submission.
g) All the documents being submitted by the bidders would be encrypted using PKI encryption
techniques to ensure the secrecy of the data. The data entered cannot be viewed by
unauthorized persons until the time of bid opening. The confidentiality of the bids is
maintained using the secured Socket Layer 128 bit encryption technology.
h) Data storage encryption of sensitive fields is done. Any bid document that is uploaded to the
server is subjected to symmetric encryption using a system generated symmetric key. Further
this key is subjected to asymmetric encryption using buyers/bid openers public keys. Overall,
the uploaded Bidding Documents become readable only after the tender opening by the
authorized bid openers.
i) The uploaded Bidding Documents become readable only after the tender opening by the
authorized bid openers.
Page 16 of 17
j) Upon the successful and timely submission of bids (i.e. after Clicking “Freeze Bid
Submission” in the portal), the portal will give a successful bid submission message & a bid
summary will be displayed with the bid no. and the date & time of submission of the bid with
all other relevant details.
k) The bid summary has to be printed and kept as an acknowledgement of the submission of the
bid. This acknowledgement may be used as an entry pass for any bid opening meetings.
l) The Bidder is allowed to re-submit the Bid and related Bid documents before the last date of
Bid submission and time. The Bid can be re-submitted as many times as required by the
Bidder, within the indicated timelines. The last version of the Bid submitted by the Bidder
before the Bid submission date and time will be considered for Bid evaluation.
m) The Bidder is permitted to withdraw his Bid before the last date of Bid submission and time
through the CPP/GEM Portal. The bidder should provide the supporting reasons for bid
withdrawal and attach the supporting letter to the Purchaser.
n) During bid evaluation, EMPLOYER may, at its discretion, ask the Bidder for a clarification of
its bid including documentary evidence pertaining to the Purchase Orders/Contracts executed
declared in the bid for the purpose of meeting Qualifying Requirement specified in NIT/IFB.
The request for clarification and the response shall be in writing, and no change in the price or
substance of the bid including substitution of Purchase Orders/Contracts executed in the bid
by new/additional Purchase Orders/Contracts executed for conforming to Qualifying
Requirement shall be sought, offered or permitted.
For this purpose, only 1 chance, shall be given. If the techno-commercial acceptability of
bidder is established upon verification of documents including clarifications submitted, the
case shall be considered for further processing. If the bidder happens to be defaulter upon
verification of the documents or has not uploaded the required document within the
mentioned time frame his bid would be analyzed based on the uploaded documents and if
found not in order as per requirement, would be outrightly rejected.
************************************************************
Bidders must apprise themselves of the applicable guidelines for submission of
and uploading of bids etc. on CPP/GEM website.
************************************************************
Page 17 of 17
HINDUSTAN URVARAK & RASAYAN LIMITED
(A JOINT VENTURE OF CIL, NTPC, IOCL, FCIL & HFCL)
SECTION – II
2. Contract Documents
The Employer shall send to the successful Bidder the Purchase Order/Service Order. The Purchase
Order/Service Order will constitute the formation of the contract. The contract shall come into effect
from the date of issue of Purchase Order/Service Order.
The successful bidder shall have sign and return the Purchase Order/Service Order as a token of
acceptance. Successful bidder on whom Purchase Order/Service Order is placed shall hereinafter be
called Supplier.
3. Order of the precedence of the Documents
The order of precedence of documents shall be as under:
a) Purchase Order/ ServiceOrder along with its annexures.
b) Amendment to Bidding Documents
c) Special Purchase Conditions
d) Technical Specifications & Scope of Work & Field Quality Assurance plan
e) General Purchase Conditions
f) The Bid and BOQ submitted by the Supplier
g) Instructions to bidders
An amendment issued after issue of Contract shall take precedent over the formal Contract and all other
contract documents.
4. Language
All Contract Documents, all correspondence and communications to be given, and all other
documentation to be prepared and supplied under the Contract shall be written in English, and the
Contract shall be construed and interpreted in accordance with that language.
If any of the Contract Documents, correspondence or communications are prepared in any language
other than the governing language as above, the English translation of such document, correspondence
or communications shall prevail in matters of interpretation.
6. Headings
The headings and marginal notes in the General Purchase Conditions of Contract are included for ease
of reference, and shall neither constitute a part of the Contract nor affect its interpretation.
7. Incoterms
Unless inconsistent with any provision of the Contract, the meaning of any trade term and the rights
and obligations of parties thereunder shall be as prescribed by Incoterms. Incoterms means international
rules for interpreting trade terms published by the International Chamber of Commerce (latest edition),
38 Cours Albert 1er, 75008 Paris, France.
8. Construction of Contract
If required, HURL may place separate Orders for supplies and Services.
The award of separate Purchase Orders shall not in any way dilute the responsibility of the Supplier for
the successful completion of the Facilities as per Contract documents and a breach in one Purchase
Order shall be construed as a breach of the other Purchase Order(s) which will confer a right on the
Employer to terminate the other Contract(s) also at the risk and cost of the Supplier.
The total value of all the orders shall be the Total Package value.
9. Amendment
No amendment or other variation of the Contract (Purchase Order/Service Purchase) shall be effective
unless it is in writing, is dated, expressly refers to the Purchase Order/Service Order, and is signed by a
duly authorized representative of Employer and accepted by the Supplier.
10. Severability
If any provision or condition of the Contract is prohibited or rendered invalid or unenforceable, such
prohibition, invalidity or unenforceability shall not affect the validity or enforceability of any other
provisions and conditions of the Contract.
11. Non-Waiver
(i) Subject to GPC clause 11.0 (ii), no relaxation, forbearance, delay or indulgence by either party
in enforcing any of the terms and conditions of the Contract or the granting of time by either
party to the other shall prejudice, affect or restrict the rights of that party under the Contract,
nor shall any waiver by either party of any breach of Contract operate as waiver of any
subsequent or continuing breach of Contract.
(ii) Any waiver of a party’s rights, powers or remedies under the Contract must be in writing, must
be dated and signed by an authorized representative of the party granting such waiver, and must
specify the right and the extent to which it is being waived.
12. Notices
Unless otherwise stated in the Purchase Order/Service Order, all notices to be given under the Contract
shall be in writing, and shall be sent by personal delivery, airmail post, special courier, cable, telegraph,
telex, facsimile or Electronic Data Interchange (EDI) to the address of the relevant party set out in the
Contract.
In case of Purchase Orders, all notices to be given under the Contract shall be addressed to Signatory
of the Purchase Order and in case of Service Orders, all notices to be given under the Contract shall be
addressed to Engineer-in-charge.
Either party may change its postal, cable, telex, facsimile or EDI address or addressee for receipt of
such notices by ten (10) days’ notice to the other party in writing.
b. Adjudicator
Managing Director (MD) of HURL shall be the Appointing Authority for Adjudicator.
Adjudicator under the Contract shall be retired judge of Supreme Court/High Court of India.
If any dispute of any kind whatsoever shall arise between the Owner and the Contractor in
connection with or arising out of the Contract, including without prejudice to the generality of
the foregoing, any question regarding its existence, validity or termination, or the execution of
the services—whether during the progress of the work or after their completion and whether
before or after the termination, abandonment or breach of the Contract—the parties shall seek
to resolve any such dispute or difference by mutual consultation. If the parties fail to resolve
such a dispute or difference by mutual consultation, then the dispute shall be referred in writing
by either party to the Adjudicator, with a copy to the other party.
The Adjudicator shall give its decision in writing to both parties within twenty-eight (28) days
of a dispute being referred to it. If the Adjudicator has done so, and no notice of intention to
commence arbitration has been given by either the Owner or the Contractor within fifty-six
(56) days of such reference, the decision shall become final and binding upon the Owner and
the Contractor. Any decision that has become final and binding shall be implemented by the
parties forthwith.
Should the Adjudicator resign or die, or should the Owner and the Contractor agree that the
Adjudicator is not fulfilling its functions in accordance with the provisions of the Contract,
another Adjudicator shall be jointly appointed by the Owner and the Contractor. Failing
agreement between the two within twenty-eight (28) days, the new Adjudicator shall be
appointed at the request of either party by the Appointing Authority. Expenses incurred in the
process of adjudication including the fees required to be paid to the adjudicator, if any, shall be
shared equally between the Owner and the Contractor.
c. Arbitration
If either the Owner or the Contractor is dissatisfied with the Adjudicator’s decision, or if the
Adjudicator fails to give a decision within twenty-eight (28) days of a dispute being referred
to it, then either the Owner or the Contractor may, within fifty-six (56) days of such reference,
give notice to the other party, with a copy for information to the Adjudicator, of its intention
to commence arbitration, as hereinafter provided, as to the matter in dispute, and no arbitration
in respect of this matter may be commenced unless such notice is given.
Any dispute in respect of which a notice of intention to commence arbitration has been given,
in accordance with above clause, shall be finally settled by arbitration. Arbitration may be
commenced prior to or after completion of the Services.
Any dispute submitted by a party to arbitration shall be heard by an arbitration panel composed
of three arbitrators, in accordance with the provisions set forth below.
The Owner and the Contractor shall each appoint one arbitrator, and these two arbitrators shall
jointly appoint a third arbitrator, who shall chair the arbitration panel. If the two arbitrators do
not succeed in appointing a third arbitrator within twenty-eight (28) days after the latter of the
two arbitrators has been appointed, the third arbitrator shall, at the request of either party, be
appointed by the Appointing Authority as given below:
(a) President, Institution of Engineers in case of an Indian Contractor.
(b) President, International Chambers of Commerce, Paris in case of a Foreign Contractor.
If one party fails to appoint its arbitrator within forty-two (42) days after the other party has
named its arbitrator, the party which has named an arbitrator may request the Appointing
Authority to appoint the second arbitrator.
If for any reason an arbitrator is unable to perform its function, the mandate of the Arbitrator
shall terminate in accordance with the provisions of applicable laws as mentioned under the
Clause related to Governing Law and a substitute shall be appointed in the same manner as the
original arbitrator.
Arbitration proceedings shall be conducted
(i) In accordance with the following rules of procedure: -
(a) In case of a foreign Contractor, the arbitration proceeding shall be conducted
in accordance with the United Nations Commission on International Trade Law
(UNCITRAL) Arbitration Rules of 1976.
(b) In case of an Indian Contractor, adjudication/Arbitration proceedings shall be
conducted in accordance with Indian Arbitration and Conciliation Act 1996.
In case the Indian Contractor is an Indian Public Sector Enterprise/Government
Department (but not a State Govt. Undertaking or Joint Sector Undertaking
which is not a subsidiary of Central Govt. Undertaking), the dispute arising
between the Owner and the Contractor shall be referred for resolution to a
Permanent Arbitration Machinery (PAM) of the Department of Public
Enterprises, Government of India.
(c) In case of a foreign collaborator/associate of the Contractor, the arbitration
proceedings shall be conducted in accordance with the United Nation
Commission on International Trade Law (UNCITRAL) Arbitration Rules of
1976.
(ii) In New Delhi, India (Place for Arbitration)
(iii) In the language in which this Contract has been executed.
The decision of a majority of the arbitrators (or of the third arbitrator chairing the arbitration, if
there is no such majority) shall be final and binding and shall be enforceable in any court of
competent jurisdiction as decree of the court. The parties thereby waive any objections to or
claims of immunity from such enforcement.
15. Scope
a) The Goods and related Services to be supplied shall be as specified in the technical
specification and Price Schedule. The Supplier shall supply all the Goods and related
Services included in the Scope of Supply, as per the Delivery and Completion Schedule
specified in the SPC.
b) The Supplier shall ensure that the Goods and related Services comply with the technical
specifications and other provisions of the Contract.
c) The Goods and related Services supplied under this Contract shall conform to the standards
mentioned in Technical Specifications and, when no applicable standard is mentioned, the
standard shall be equivalent or superior to the official standards whose application is
appropriate.
17. Insurance
As detailed in SPC.
18. Freight
As detailed in SPC.
Note: -
(i) CPG, Warranty, Guarantee clause as specified in the SPC shall prevail.
(ii) In case CPG is submitted by way of Bank Guarantee, while issuing the physical BGs, the
Supplier’s Bank shall also send electronic message through secure SFMS (in case of BGs issued
from within India) or SWIFT (in case of BGs issued from outside India) to Employer’s
Beneficiary Bank whose details are provided in the Special Purchase Conditions.
29. Packing
The Supplier shall provide such packing of the Goods as is required to prevent their damage or
deterioration during transit to their final destination, handling and storage.
The Supplier will be responsible for any loss or damage during transportation, handling and storage
due to improper packing.
All packages should be marked with Purchase Order/Service Order no. and date. Each package must
contain packing slip and literature, if any.
30. Warranty
The provision of Warranty shall be as per SPC /Technical Specification.
Our general terms are:
a) The Supplier shall warrant that the Goods shall be free from defects arising from any act or
omission of the Supplier or arising from design, materials, and workmanship, under normal use
in the conditions.
b) The warranty shall remain valid for the period of one year from the date of installation and
commissioning or as specified in the Technical Specifications / SPC.
c) If having been notified, the Supplier fails to remedy the defect, the Employer may proceed to
take within a reasonable period such remedial action as may be necessary, at the Supplier’s risk
and expense and without prejudice to any other rights which the Employer may have against
the Supplier under the Contract.
31. Patents
All royalties and fees for patents covering material/equipment/ software or processes used in executing
the work shall be to the account of the bidder. The supplier shall satisfy all demands that may be made
at any time for such royalties and fees.
The Supplier shall hold harmless and indemnify the Employer from and against damage, loss and
expenses arising from any claim for infringement of patent, copy right, design and other such rights in
existence or to be granted on and application published prior to the completion of this engagement with
respect to or arising out of the use or supply of design or any work in accordance with the specifications
and plans furnished or recommended by the Contractor.
The Supplier shall promptly notify the Employer in writing if the Supplier has or has acquired
knowledge of any patent under which claim or suit for infringement could reasonably be brought
because of the use by the Employer of any information, recommendation or specifications, services
rendered by the Contractor.
The Supplier, in such case, shall furnish at its own cost make and furnish to the Employer alternative
specifications or recommendations to avoid the same and without putting the Employer to any
additional cost.
32. Indemnification
The Supplier shall, at its own expense, defend and indemnify the Employer against all third party claims
of infringement of Intellectual Property Rights, including patent, trade mark, copy right, trade secret or
industrial design rules arising from use of the products or any part thereof.
The Supplier shall expeditiously extinguish any such claims and shall have full rights to defend itself
there from. The Employer shall not pay any compensation to a third party resulting from such
infringement and the Supplier shall be fully responsible for the same, including all expenses and court
and legal fees.
The Employer will give notice to the Supplier of any such claim without delay, shall provide reasonable
assistance to the Contractor in disposing of the claim, and shall at no time admit any liability for or
express any intent to settle the claim.
Final payment to the Supplier by the Employer will not be made while any such suit or claim remains
unsettled.
42. Termination
The Employer may terminate the Order/Contract, by not less than thirty (30) days’ written notice of
termination to the Supplier, to be given after the occurrence of any of the events specified in
paragraphs(a) to (d) of this Clause and sixty (60) days’ in the case of the event referred to in (e) below:
a) if the Supplier does not remedy a failure in the performance of their obligations under the
Contract, within thirty (30) days after being notified or within any further period as the
Employer may have subsequently approved in writing;
b) if the Supplier becomes insolvent or bankrupt;
c) if as a result of Force Majeure, the Supplier is unable to perform a material portion of the
Services for a period of not less than sixty (60) days; or
d) if the Supplier, in the judgment of the Employer has engaged in corrupt or fraudulent practices
in competing or in executing the Contract.
For the purpose of this clause:
“Corrupt Practice” means the offering, giving, receiving or soliciting of anything of value to
influence the action of a public official in the selection process or in contract execution.
“Fraudulent Practice” means a misrepresentation of facts in order to influence a selection
process or the execution of a contract to the detriment of the Employer.
e) if the Employer, at its sole discretion, decides to terminate this Contract.
f) If the Contractor, sub-contracts any part of the works in violation of the provision of GPC
Clause 48.0
In event of termination of Order/Contract, the Employer shall pay to the Supplier/Contractor the
Contract Price, properly attributable to the works/supplies executed by the Supplier/Contractor as on
the date of termination. However, any sums due to the Employer from the Contractor accruing prior to
the date of termination shall be deducted from the amount to be paid to the Supplier under this
Order/Contract.
48. Subcontracting
The Contractor shall not be allowed to sub-contract works to any sub-contractor/ sub-vendor from a
country which shares a land border with India unless such sub-contractor is registered with the
competent Authority.
However, the said requirement of registration will not apply to sub- contractors from those countries
(even if sharing a land border with India) to which the Government of India has extended lines of credit
or in which the Government of India is engaged in development projects. The Contractor may apprise
itself of the updated lists of such countries available in the website of the Ministry of External Affairs.
Important Note
The Special Purchase Conditions will supersede any other related conditions anywhere in the tender
documents and will prevail for evaluation / finalization of the tender.
SECTION – III
2. Insurance
In suppliers’ Scope.
3. Freight
In suppliers’ Scope.
5. Payment terms
Within 30 Days from the date of receipt & acceptance of Materials at HURL, Gorakhpur
Store.
6. Delivery schedule
01 Month
7. Warranty/Guarantee
As per tender
Page 2 of 2
HINDUSTAN URVARAK & RASAYAN LIMITED
(A JOINT VENTURE OF CIL, NTPC, IOCL, FCIL & HFCL)
SECTION – IV
Page 1 of 3
Technical Specification of Ferrite Meter
Page 2 of 3
Bill of Quantity for Ferrite Meter:
Page 3 of 3
HINDUSTAN URVARAK & RASAYAN LIMITED
(A JOINT VENTURE OF CIL, NTPC, IOCL, FCIL & HFCL)
SECTION – V
Annexure Description
4 No deviation Certificate
Page 2 of 13
ANNEXURE-1
Person to be contacted :
Designation :
Tel. No(s). :
Mobile No. :
Fax No(s). :
E-mail address :
To
Manager (C&M)
Hindustan Urvarak & Rasayan Limited,
(A JV of CIL, NTPC, IOCL, FCIL & HFCL)
Admin Building, HURL Campus,
PO-HURL Fertilizer Plant,
Gorakhpur-273007
Dear Sirs,
1.0 Having examined the Bidding Documents including its subsequent amendments
and clarifications, if any, issued by Owner, the receipt of which is hereby
acknowledged, we the undersigned, offer to complete the work under the above-
named Package in full conformity with the said Bidding Documents and hereby
furnish our Techno-Commercial Proposal.
2.0 We have understood the instructions and the terms & conditions mentioned in the
Bidding Documents furnished by you and have thoroughly examined the
specifications laid down by you in the Bidding Documents and are fully aware of
the nature of consultancy services required.
In line with the requirement of the Bidding Documents we enclose herewith the
following Attachments to the Bid Form (Techno-commercial) Bid:
Page 3 of 13
Sr. No Description
Signed, Stamped and Scanned copy of proof for payment of Earnest Money Deposit
2
(EMD) / MSE Certificate for exemption.
Signed, Stamped and Scanned copy of Certificates like Registration certificate, GST
3
No, PAN No, etc.
Signed, Stamped and Scanned copy of Format for Electronics Payment (Enclosed as
4
Annexure-2 to Forms and Procedures i.e., Section V)
Signed, Stamped and Scanned copy of Certificate from CEO/MD/ Legally Authorised
Signatory, in the format as enclosed as Annexure-5 to Forms and Procedures i.e.,
Section VI) to Bidding Document shall be furnished certifying that the data and
documents furnished by them in respect of Techno-Commercial Evaluation are true
8
and correct including the contents thereof. However, if at any point of time the
declarations given in bid are found to be incorrect, HURL shall have the full right to
terminate the contract and take any action as per provisions of contract including
forfeiture of EMD/Security Deposit.
Acceptance to Fraud Prevention Policy of HURL, for which the bidder has to submit
9 Signed, Stamped and Scanned copy of Form of Acceptance of Fraud Prevention
Policy of HURL. (Enclosed as Annexure-6 to Forms and Procedures i.e., Section V).
3.1 We have read all the provisions of the Bidding Documents and confirm that
notwithstanding anything stated elsewhere in our bid to the contrary, the provisions
of the Bidding Documents, are acceptable to us and we further confirm that we have
Page 4 of 13
not taken any deviation to the provisions of the Bidding Documents anywhere in
our bid.
We have furnished our compliance to the provisions of the Bidding Documents and
its subsequent Amendment(s)/Clarification(s)/Addenda/Errata by furnishing “NO
DEVIATION CERTIFICATE”.
We hereby confirm that any deviation, variation or additional condition etc. or any
mention, contrary to the provisions of Bidding Documents and its subsequent
Amendment(s)/Clarification(s)/Addenda/Errata (if any) found anywhere in our bid
proposal, implicit or explicit shall stand unconditionally withdrawn, without any
cost implication whatsoever to the Owner, failing which our bid security shall be
forfeited.
3.2 We further declare that additional conditions, variations, deviations, if any, found in
the bid, shall not be given effect to.
4.0 We undertake, if our bid is accepted, to commence the work immediately upon
your Notification of Award to us.
5.0 We agree to abide by this bid for a period 180 days from the date of opening of
Techno-Commercial bids as stipulated in the Bidding Documents and it shall
remain binding upon us and may be accepted by you at any time before the
expiration of that period.
6.0 Until a formal Contract Agreement is prepared and executed between us, the bids,
together with your written acceptance thereof in the form of your Notification of
Award shall constitute a binding contract between us.
7.0 We understand that you are not bound to accept our bid or any other bid you may
receive.
8.0 We, hereby, declare that only the persons or firms interested in this proposal as
principals are named here and that no other persons or firms other than those
mentioned herein have any interest in this proposal or in the Contract to be entered
into, if the award is made on us, that this proposal is made without any connection
with any other person, firm or party likewise submitting a proposal, is in all
respects for and in good faith, without collusion or fraud.
9.0 We do hereby declare that our Firm has not been blacklisted/ debarred by any Govt.
Department/Public sector undertaking.
10.0 We certify that all information furnished by the our Firm is true & correct and in
the event that the information is found to be incorrect/untrue or found violated,
then your department/ organization shall without giving any notice or reason
therefore or summarily reject the bid or terminate the contract, without prejudice
to any other rights or remedy including the forfeiture of the full said earnest
money deposit absolutely.
Page 5 of 13
Dated this……………… day of …………….
Thanking you,
Yours faithfully,
Date:
(Designation)
Company Seal
Page 6 of 13
ANNEXURE - 2
Bidders are required to submit the following details on the company’s letter head for online
transfer of amount to their account:
We hereby declare that the particulars given above are correct and complete
Name
Designation
Date
Page 7 of 13
Annexure-3
Date:
To,
Dear Sir,
1. I/ We have downloaded / obtained the tender document(s) for the above mentioned
‘Tender/Work’ from the web site(s) namely:
as per your advertisement, given in the above-mentioned website(s).
2. I / We hereby certify that I / we have read the entire terms and conditions of the tender
documents from Page No. to (including all documents like annexure(s), schedule(s), etc
.,), which form part of the contract agreement and I / we shall abide hereby by the terms /
conditions / clauses contained therein.
3. The corrigendum(s) issued from time to time by your department/ organization too have
also been taken into consideration, while submitting this acceptance letter.
5. I / We do hereby declare that our Firm has not been blacklisted/ debarred by any Govt.
Department/Public sector undertaking.
6. I / We certify that all information furnished by our Firm is true & correct and, in the
event, that the information is found to be incorrect/untrue or found violated, then your
department/ organization shall without giving any notice or reason therefore or summarily
reject the bid or terminate the contract, without prejudice to any other rights or remedy
including the forfeiture of the full said earnest money deposit absolutely.
Yours Faithfully,
(Signature of the Bidder, with Official Seal)
Page 8 of 13
ANNEXURE - 4
(To be submitted on the Letter Head of the Bidder duly signed by Authorised
Signatory)
1. With reference to our Bid Proposal No. ………… dated ……………. For …(Name
of Package to be mentioned)…………………….., we hereby confirm that we comply
with all terms, conditions and specifications of the Bidding Documents read in
conjunction with Amendments(s) / Clarification(s) / Addenda / Errata (if any) issued
by the Owner prior to opening of Techno – Commercial Bids and the same has been
taken into consideration while making our Techno – Commercial Bid & Financial Bid
and we declare that we have not taken any deviation / exceptions in this regard.
2. We further confirm that any deviation variation or additional conditions etc. or any
mention, contrary to the Bidding Documents and its Amendments(s) / Clarification(s) /
Addenda / Errata (if any) as mentioned at 1.0 above found anywhere in our Techno –
Commercial Bid and / or Financial Bid, implicit or explicit, shall stand unconditionally
withdrawn, without any cost implication whatsoever to the Owner, failing which the Bid
Security shall be forfeited.
Yours faithfully,
(Signature)
Page 9 of 13
ANNEXURE-5
PROFORMA OF CERTIFICATE
(TO BE SUBMITTED BY CEO/MD/ LEGALLY AUTHORISED SIGINATORY OF
THE BIDDING COMPANY ON COMPANY'S LETTER HEAD IN ORIGINAL)
Ref. : Date:
To
Manager (C&M)
Hindustan Urvarak & Rasayan Limited,
(A JV of CIL, NTPC, IOCL, FCIL & HFCL)
Admin Building, HURL Campus,
PO-HURL Fertilizer Plant,
Gorakhpur-273007
Sub:
Dear Sir,
I further, confirm that if at any point of time the declarations given in bid are found to be
incorrect, HURL shall have the full right to terminate the contract and take any action as per
provisions of contract including forfeiture of EMD/Security Deposit.
Yours faithfully,
(Signature)
Date Name & Designation................................
Place Name of the Company.............................
(Seal of Company) ..............................................
Page 10 of 13
ANNEXURE - 6
(To be submitted on the Letter Head of the Bidder duly signed by Authorised
Signatory)
Ref. : Date:
To
Manager (C&M)
Hindustan Urvarak & Rasayan Limited,
(A JV of CIL, NTPC, IOCL, FCIL & HFCL)
Admin Building, HURL Campus,
PO-HURL Fertilizer Plant,
Gorakhpur-273007
We have read the contents of the Fraud Prevention Policy of HURL displayed on its
website http://www.hurl.net.in and undertake that we shall strictly abide by the provisions
of the said Fraud Prevention Policy of HURL.
----------------------------------------------------------------------------------------------------------
(Designation).........................
Page 11 of 13
ANNEXURE - 7
To,
Manager (C&M)
Hindustan Urvarak & Rasayan Limited,
(A JV of CIL, NTPC, IOCL, FCIL & HFCL)
Admin Building, HURL Campus,
PO-HURL Fertilizer Plant,
Gorakhpur-273007
Dear Sir,
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 as per the guidelines dated 23.07.2020 & 24.07.2020 issued by Department of
Expenditure (DOE), Ministry of Finance; We hereby certify that we/our collaborator/ JV
partner/ Consortium member/ Assignee is not from such a country and are eligible to be
considered. We further certify that we will not sub-contract any work to a contractor from
such countries unless such contractor is registered with the Competent Authority. We hereby
certify that we fulfill all the requirements in this regard.
Yours faithfully,
(Signature)
Note: - Bidders not furnishing this aforesaid declaration shall be considered to be from such
Countries.
Page 12 of 13
ANNEXURE - 8
Please fill in the blank space and send the same along with your offer in duplicate otherwise you’re
your offer will be either treated as non-responsive or suitably cost compensated for deficiencies as
deemed fit by the corporation:
2. GST No.
9. Mode of dispatch
a) Rate certificate It is certified that the price quoted herein are same as
applicable to another Govt. Depts. / PSU / Public Listed
Company. Please submit a copy of PO placed by any PSU
or Govt. organization in support of the item to be supplied.
Yours Faithfully,
(Signature of the Bidder, with Official Seal)
Page 13 of 13
Validate Print Help Item Wise BoQ
Tender Inviting Authority: Sr.VP (HURL-GKP)
Note.1. Bidder to quote strictly as per the technical specification in annexure -IV
2.Bidder shall quote their price in price schedule only.
Name of the
Bidder/
Bidding Firm /
Company :
PRICE SCHEDULE
(DOMESTIC TENDERS - RATES ARE TO GIVEN IN RUPEES (INR) ONLY)
(This BOQ template must not be modified/replaced by the bidder and the same should be uploaded after filling the relevant columns, else the bidder is liable to be rejected for this tender. Bidders are allowed to enter the Bidder Name
and Values only )
Sl. Item Description Quantity Units BASIC RATE In Figures To be TOTAL AMOUNT Without TOTAL AMOUNT In Words
No. entered by the Bidder in Taxes
Rs. P
Rs. P
1 2 4 5 7 13 15
1 Ferrite Meter