Section II: General Instructions To Tenderer (GIT)

Section II: General Instructions to Tenderers (GIT) 5
Section II: General Instructions to Tenderer (GIT)
Part I: General Instructions Applicable to all Types of Tenders

A PREAMBLE
1. Introduction
1.1 Definitions and abbreviations, which have been used in these documents, shall have
the meanings as indicated in GCC.
1.2 For sake of convenience, whole of this Standard Bidding Document (including all
sections) is written in reference to Procurement of Goods Tenders. However, this
SBD would be utilized for all types of Tenders e.g., EOI, PQB, Rate Contract,
Tenders involving Samples, Sale/ Disposal of Scrap Material and Development/
Indigenization/ Make-in-India etc. Procurement of Services etc. Therefore, the
construction of all clauses are to be interpreted in the context of particular type of
tender beyond the letter of the clause, read with the additional clauses for the specific
type of tenders in Part II GIT/ GCC.
1.3 These tender documents have been issued for the requirements mentioned in
Section –VI - “List of Requirements”, which also indicates, inter-alia, the required
delivery schedule and terms & place (i.e., destination) of delivery.
1.4 This section (Section II - “General Instruction Tenderers” - GIT) provides the relevant
information as well as instructions to assist the prospective tenderers in preparation
and submission of tenders. It also includes the mode and procedure to be adopted
for receipt and opening as well as scrutiny and evaluation of tenders and subsequent
placement of contract. With this limited objective, GIT is not intended to be complete
by itself and the rest of this document - SIT, GCC and SCC in particular may also be
thoroughly studied before filling up the Tender Document. There would be certain
topics covered in GIT/SIT as well as in GCC/ SCC from different perspectives. In
case of any conflict between these, provisions of GCC/ SCC would prevail.
1.5 The tenderers shall also read the Special Instructions to Tenderers (SIT) related to
this purchase, as contained in Section III of these documents, and follow the same
accordingly. Whenever there is a conflict between the GIT and the SIT, the
provisions contained in the SIT shall prevail over those in the GIT.
1.6 LOCAL CONDITIONS: It is imperative that each bidder fully acquaints himself with
all the local conditions and factors, which would have any effect on the performance/
completion of the contract in all respects inter alia including the legal, environmental,
infrastructure, Logistics, communications, and cost aspects. Bidders would
themselves be responsible for compliance with Rules, Regulations, Laws and Acts in
force from time to time in India and/ or country of manufacture & supply. On such
matters, the Purchaser shall not entertain any request from the bidders.
1.7 Obtaining the Tender Documents: Interested tenderers may obtain further
information about this requirement from the office issuing the documents, mentioned
in the NIT. They may also visit website mentioned therein for further details.
1.7.1. Tenderer may also download the tender documents from the web site mentioned in
NIT and submit its tender by utilizing the downloaded document, the bidder must not
make any changes to the contents of the documents, except for filling the required
information. A certificate to this effect must be submitted by the bidder in the Tender
Form (Section X).
1.7.2. The tender documents are not transferable.
2. Language of Tender
The tender submitted by the tenderer and all subsequent correspondence and
documents relating to the tender exchanged between the tenderer and SPMCIL,
shall be written in the Hindi or English language, unless otherwise specified in the
Tender. However, the language of any printed literature furnished by the tenderer in
connection with its tender may be written in any other language provided the same is
accompanied by Hindi or English translation. For purposes of interpretation of the
tender, the English version/ translation shall prevail.
3. Eligible Tenderers
3.1 Subject to provisions in following paras in this section, this invitation for tenders is open
to all suppliers who fulfil the eligibility criteria specified in these documents. Please refer
to Section IX: Qualification/ Eligibility Criteria. In case of Second Stage (after the Pre-
Qualification stage) of two Stage Bidding or in case of Special Limited Tenders this
invitation is open only to such bidders who have been shortlisted.
3.2 The bidder, their affiliates, or subsidiaries – including subcontractors or suppliers for any
part of the contract – should not stand declared ineligible/ blacklisted/ banned/ debarred
by any Government Agency anywhere in the world, for participating in its tenders, under
that country's laws or official regulations. A declaration to this effect shall be submitted by
the bidder in the Tender Form (Section X).
3.3 Unless otherwise stipulated in the NIT/ SIT, Joint Ventures/ Consortiums shall not be
considered in this Tender.
3.4 Under Public Procurement (Preference to Make in India) Order 2017 (as amended/
revised from time to time) any Nodal Ministry for its items may issue directions to exclude
bidders from a country from eligibility for its procurement as measure of reciprocity of
such action by that country against Indian Suppliers. For this purpose, a supplier or
bidder shall be considered to be from a country if (i) the entity is incorporated in that
country, or ii) a majority of its shareholding or effective control of the entity is exercised
from that country; or (iii) more than 50% of the value of the item being supplied has been
added in that country. Indian suppliers shall mean those entities which meet any of these
tests with respect to India.
3.5 Ministry of Finance, Department of Expenditure, Public Procurement Division, Orders
(Public Procurement 1, 2 and 3) F.No.6/18/2019-PPD dated 23rd/ 24th July 2020 (or any
further amendments thereof) regarding eligibility of bidders from specified countries shall
be applicable to this tender. Salient features of this are:
I. Any bidder from a country which shares a land border with India (excluding
countries as listed on the website of Ministry of External Affairs, to which the
Government of India has extended lines of credit or in which the Government of
India is engaged in development projects) will be eligible to bid in this tender only
if the bidder is registered with the Registration Committee constituted by the
Department for Promotion of Industry and Internal Trade (DPIIT). The bidders
shall enclose following certificate in this regard:
“We have read the clause regarding restrictions on procurement from a bidder of
a country which shares a land border with India; and solemnly certify that we are
not from such a country or, if from such a country, we are registered with the
Competent Authority (copy enclosed). We hereby certify that we fulfil all
requirements in this regard and are eligible to be considered."
II. In tenders for Turnkey contracts including Works contracts, the successful bidder
shall not be allowed to sub-contract works to any contractor from a country which
shares a land border with India unless such contractor is similarly registered with
the Registration Committee constituted by the Department for Promotion of
Industry and Internal Trade (DPIIT). In such cases the bidders shall enclose
following certificate:
“We have read the clause regarding restrictions on procurement from a bidder of
a country which shares a land border with India and on sub-contracting to
contractors from such countries,; and solemnly certify that we are not from such a
country or, if from such a country, we are registered with the Competent Authority
(copy enclosed) and we will not subcontract any work to a contractor from such
countries unless such contractor is registered with the Competent Authority. We
hereby certify that we fulfil all requirements in this regard and are eligible to be
considered."
III. "Bidder" (including the term 'tenderer', 'consultant' or 'service provider' in certain
contexts) means any person or firm or company, including any member of a
consortium or joint venture (that is an association of several persons, or firms or
companies), every artificial juridical person not 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.
IV. "Bidder from a country which shares a land border with India" for the purpose of
this Order 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
V. The beneficial owner for the purpose of (III) above will be as under:
(a) In case of a company or Limited Liability Partnership, the beneficial owner
is the natural person(s). Who, whether acting alone or together, or
through one or more juridical person, has a controlling ownership interest
or who exercises control through other means.
(b) Explanation-
1. "Controlling ownership interest" means ownership of or
entitlement to more than twenty-five per cent. of shares or capital
or profits of the company.
2. In case of a partnership firm, the beneficial owner is the natural
person(s) who, whether acting alone or together, or through one
or more juridical person, has ownership of entitlement to more
than fifteen percent of capital or profits of the partnership.
3. In case of an unincorporated association or body of individuals,
the beneficial owner is the natural person(s), who, whether acting
alone or together, or through one or more juridical person, has
ownership of or entitlement to more than fifteen percent of the

property or capital or profits of such association or body of
individuals;
4. Where no natural person is identified under (1) or (2) or (3) above,
the beneficial owner is the relevant natural person who holds the
position of senior managing official.
5. In case of a trust, the identification of beneficial owner(s) shall
include identification of the author of the trust, the trustee, the
beneficiaries with fifteen percent or more interest in the trust and
any other natural person exercising ultimate effective control over
the trust through a chain of control or ownership.
VI. An Agent is a person employed to do any act for another, or to represent another
in dealings with third person.
3.6 In case Integrity Pact is mandated in the SIT, only those bidders who sign the Integrity
Pact, would be eligible to participate in the Tender.
4. Eligible Goods and Services
All goods and related services to be supplied under the contract shall have their
origin in India or other countries, subject to any restriction imposed in this regard in
para above and Section III (SIT). The term “origin” used in this clause means the
place where the goods are mined, grown, produced, or manufactured or from where
the related services are arranged and supplied.
5. Tendering Expense
The tenderer shall bear all costs and expenditure incurred and/ or to be incurred by it
in connection with its tender including preparation, mailing and submission of its
tender and for subsequent processing the same. SPMCIL will, in no case be
responsible or liable for any such cost, expenditure etc regardless of the conduct or
outcome of the tendering process.
B TENDER DOCUMENTS
6. Content of Tender Documents
6.1 The tender documents includes:

1. Section I - Notice Inviting Tender (NIT)
2. Section II - General Instructions to Tenderers (GIT)
3. Section III - Special Instructions to Tenderers (SIT)
4. Section IV -General Conditions of Contract (GCC)

5. Section V - Special Conditions of Contract (SCC)
6. Section VI - List of Requirements
7. Section VII - Technical Specifications
8. Section VIII - Quality Control Requirements
9. Section IX – Qualification/ Eligibility Criteria
10. Section X - Tender Form
11. Section XI - Price Schedule
12. Section XII – Vendor Details
13. Section XIII - Bank Guarantee Form for EMD
14. Section XIV - Manufacturer’s Authorization Form
15. Section XV - Bank Guarantee Form for Performance Security
16. Section XVI - Contract Form
17. Section XVII: Letter of Authority for attending a Bid Opening
18. Section XVIII: Proforma of Bills for Payments
19. Section XIX: NEFT Mandate
20. Section XX: Integrity Pact
6.2 The relevant details of the required goods and services, the terms, conditions and
procedure for tendering, tender evaluation, placement of contract, the applicable
contract terms and, also, the standard formats to be used for this purpose are
incorporated in the above-mentioned documents. The interested tenderers before
formulating the tender and submitting the same to SPMCIL, should read and
examine all the terms, conditions, instructions etc. contained in the tender
documents. Failure to provide and/ or comply with the required information,
instructions etc. incorporated in these tender documents may result in rejection of its
tender.
7. Amendments to Tender Documents
7.1 At any time prior to the deadline for submission of tenders, SPMCIL may, for any
reason deemed fit by it, modify the tender documents by issuing suitable
amendment(s) to it.
7.2 Such an amendment will be notified on the website and also in writing by registered/
speed post or by fax/ telex/ e-mail, followed by copy of the same by suitable recorded
post to all prospective tenderers, which have received the tender documents and will
be binding on them.
7.3 In order to provide reasonable time to the prospective tenderers to take necessary
action in preparing their tenders as per the amendment, SPMCIL may, at its
discretion extend the deadline for the submission of tenders and other allied time
frames, which are linked with that deadline.
8. Pre-Bid conference
8.1 In case Pre-bid conference is specifically stipulated in the NIT or SIT, prospective
bidders interested in participating in this tender may attend a pre-bid conference for
clarification on technical specifications and commercial conditions of the Tenders, at
the venue, date and time specified in NIT/ SIT. Participation in the Pre-bid conference
is restricted to prospective bidders who have purchased the Bid Documents. Proof of
Purchase of Bid Documents must be submitted at the time of registration for
participation or along with written queries or with letter of Authority for attending the
pre-bid Conference. Bid documents for sale would also be available at the site.
8.2 Participation is not mandatory, however, in case a bidder chooses not to participate
(or fails to do so) in the pre-bid conference, it would be assumed that they have no
issues regarding the Technical/ commercial specifications/ conditions.
8.3 The date and time by which the written queries for the Pre-bid must reach the
authority is mentioned in the NIT.
8.4 The last date for registration for participation in the pre-bid conference is also
mentioned in the NIT.
8.5 Delegates coming for the pre-bid conference must bring with them a photo identity
and also an authorization letter as per format in Section XVII: "Letter of Authority for
attending a Pre-Bid Conference/ Bid Opening" from their Company/ principals, else
they would not be allowed to participate.
8.6 After the pre-bid conference a clarification letter would be issued, containing
amendments if required, of various provisions of the Bid-Document, which shall form
part of the Bid-document.
9. Clarification of Tender Documents
The provisions in this Bid documents, must be interpreted in the context in which
these appear. Any interpretation of these provisions far removed from such context
or any other contrived or in between the lines interpretation is not acceptable. A
Tenderer requiring any clarification or elucidation on any issue of the tender
documents may take up the same with SPMCIL in writing or by fax / e-mail/ telex.
SPMCIL will respond in writing to such request provided the same is received by
SPMCIL not later than twenty-one days (unless otherwise specified in the SIT) prior
to the prescribed date of submission of tender. Copies of the query and clarification
shall be sent to all prospective bidders who have received the bidding documents.
C PREPARATION OF TENDERS
10. Documents Comprising the Tender
10.1 Unless otherwise indicated in NIT/ SIT "Technical bid" shall include inter-alia
(including any changes in the following as per NIT/ SIT):
(i) Tender Form/ Covering letter as per format in Section X
(ii) Section VI - List of Requirements, showing the schedules and quantities

quoted by them for which Price Schedule are enclosed in the Financial Bid.
No pricing detail shall be disclosed or hinted upon in any manner in the
Technical bid.
(iii) Documentary evidence, as necessary in terms of GIT clauses 3 and 16,

establishing that the tenderer is eligible to submit the tender and, also,
qualified to perform the contract if its tender is accepted. Section IX –
Qualification/ Eligibility Criteria shall also be filled up/ compliance commented
upon.
(iv) Documents and relevant details to establish in accordance with GIT clause 4
and 17 that the goods and the allied services to be supplied by the tenderer
conform to the requirement of the tender documents along with list of
deviations if any (ref clause 17.2 of GIT). Section VII - Technical
Specifications and Section VIII - Quality Control Requirements shall also be
filled up/ compliance thereof commented upon. The tenderers may also
enclose in their technical bids, technical literature, and other documents as
and if considered necessary by them.
(v) Earnest money amount in the currencies (as specified in the Section VI: List
of Requirements) furnished in accordance with GIT clause 18.1 alternatively,
documentary evidence as per GIT clause 18.2 for claiming exemption from
payment of earnest money.
(vi) Vendor Details as per Section XII.

(vii) Manufacturer's Authorization Form (ref Section XIV, if applicable
(viii) A list of deviations (ref Clause 19.4) from the clauses of this SBD, if any. And
(ix) If so stipulated in NIT/ SIT, duly signed Integrity Pact as per Section XX.
Note: No price details should be given or hinted in the Technical Bid.

10.2 Unless otherwise indicated in NIT/ SIT "Financial Bid" shall include inter-alia
(including any changes in the following as per NIT/ SIT):
i). the Price Schedule (Section XI) and all financially relevant details. Prices shall
be quoted duly taking into consideration, the Payment and delivery terms.
Note: No additional Technical details, which have not been brought out in the
Technical Bid may be brought out in the Financial Bid.
10.3 A tender, that does not fulfil any of the above stipulations and/ or gives evasive
information/ reply against any such stipulations, shall be liable to be ignored and
rejected.
10.4 Tender sent by fax/email/ telex/ cable shall be ignored.
11. Tender currencies
11.1 Unless otherwise specified, the tenderer shall quote only in Indian rupees.
11.2 Where the NIT/ SIT specifies acceptance of quotations in different currencies, then,
for domestic goods, prices shall be quoted in Indian rupees only and for imported
goods, prices shall be quoted either in Indian rupees or in the currency stipulated in
the SIT, mentioning, inter-alia, the exchange rate adopted for converting foreign
currency into Indian Rupees. As regards price(s) for allied services, if any required
with the goods, the same shall be quoted in Indian Rupees if such services are to be
performed / undertaken in India. Commission for Indian Agent, if any and if payable
shall be indicated in the space provided for in the price schedule and quoted in Indian
Rupees only.
11.3 Tenders, where prices are quoted in any other way shall be treated as unresponsive
and rejected.
12. Tender Prices
12.1 The Tenderer shall indicate on the Price Schedule provided under Section XI all the
specified components of prices shown therein including the unit prices and total
tender prices of the goods and services it proposes to supply against the
requirement. Delivery Schedule and Terms of delivery are also to be quoted in
Section XI. All the columns shown in the price schedule should be filled up as
required. If any column does not apply to a tenderer, same should be clarified
accordingly by the tenderer.
12.2 Unless otherwise stipulated in the NIT/ SIT, if there is more than one schedule in the
List of Requirements, the tenderer has the option to submit its quotation for any one
or more schedules and, also, to offer special discount for combined schedules.
However, while quoting for a schedule, the tenderer shall quote for the complete
requirement of goods and services as specified in that particular schedule.
12.3 The quoted prices for goods offered from within India and that for goods offered from
abroad are to be indicated separately in the applicable Price Schedules attached
under Section XI.
12.4 While filling up the columns of the price schedule, the following aspects should be
noted for compliance:
12.5 For goods offered from within India, the prices in the corresponding price schedule
shall be entered separately in the following manner:
a) The price of the goods, quoted ex-factory, ex-showroom, ex-warehouse or
off-the-shelf, as applicable, including all taxes and duties like GST/ CGST/
SGST/ UTGST/ IGST, custom duty, etc. already paid or payable on the
components and raw material used in the manufacture or assembly of the
goods quoted ex-factory etc or on the previously imported goods of foreign
origin quoted ex-showroom etc.
b) Any GST/ CGST/ SGST/ UTGST/ IGST, which will be payable on the goods
in India if the contract is awarded.
c) Charges towards inland transportation, insurance, and other local costs
incidental to delivery of the goods to their final destination as specified in the
List of Requirements and
d) The price of incidental services, as and if mentioned in List of Requirements.
12.6 GST/ CGST/ SGST/ UTGST/ IGST:
(a) All the bidders/ tenders should ensure that they are GST compliant and their
quoted tax structure /rates are as per GST Law.
(b) As per the GST Act the bid and contract must show the GST Tax Rates (and
GST Cess if applicable) and GST Amount explicitly and separate from the bid/
contract price (exclusive of GST). Bid-price inclusive of taxes/ GST would be a
violation of the GST Act. In case any taxes, duties are not clearly specified, or
column is left blank in price bid then it will be presumed that no such tax/levy is
applicable or payable by SPMCIL. However, the price should be inclusive of any
other taxes or levies if any, already paid or payable.
(c) If a tenderer asks for GST/ CGST/ SGST/ UTGST/ IGST (and GST Cess if
applicable) to be paid extra, the rate and nature of such taxes applicable should
be shown separately. Such taxes will be paid as per the rate at which it is liable
to be assessed or has actually been assessed provided the transaction of sale is
legally liable to such taxes and is payable as per the terms of the contract. The
payment of GST and GST Cess to contractor/supplier would be made only on
the latter submitting a Bill/invoice in accordance with the provision of relevant
GST Act and the rules made there under and after online filing of valid return on
GST portal.
(d) Bidders should quote 'GST' if payable extra on total basic rate of each item,
please quote GST in ‘%' inclusive of cess. GST will be applicable on ‘basic rate
+ Packing & forwarding charges + Freight + Insurance'.
(e) GST Registration Number (15-digit GSTIN). In case bidder has multiple
business verticals in a state and having separate registration for each business
vertical, GSTIN of each vertical concerned with the supply and service involved,
as per the scope of NIT to be informed to SPMCIL. If supply / service provided is
from multiple states, then bidder should mention GST Registration Number for
each state separately.
(f) If bidder is not liable to take GST registration, i.e., having turnover below
threshold, bidders need to submit undertaking / indemnification against tax
liability. The bidder/dealer shall not charge any GST and/or GST Compensation
Cess on the bill/invoice. In such case, applicable GST will be deposited by CCL
directly to concerned authorities. Further the bidder should notify and submit to
SPMCIL within 15 days from the date of becoming liable to registration under
GST.
(g) Those bidders who have opted for Composition scheme under GST, they have
to submit a declaration to indicating their GST registration no.
(h) HSN (Harmonized System of Nomenclature) code for the goods being supplied
by the vendor for each item covered under this NIT has to be declared in the
Technical bid. Services Accounting Code (SAC) for classification of services
under GST for each item covered under this NIT has to be declared in the
Technical bid
(i) All necessary adjustment vouchers such as Credit Notes / Debit Notes for any
short/excess supplies or revision in prices or for any other reason under the
Contract shall be submitted to SPMCIL Ltd., as per GST provisions.
(j) In the event of default on his part in payment of tax and submission / uploading
of monthly returns, SPMCIL is well within its powers to withhold payments,
especially the tax portion, until Vendor/Supplier/Contractor corrects the default
and / or complies with the requirements of GST and produces satisfactory
evidence to that effect or upon GST appearing on the Company GST portal.
(k) Vendor/Supplier/Contractor should issue Receipt vouchers immediately on

receipt of advance payment and subsequently issue supplies along tax invoice
after adjusting advance payments as per Contractual terms and GST Provisions.
(l) In case the GST rating of vendor on the GST portal / Govt. official website is
negative / blacklisted, then the bids may be rejected by SPMCIL. Further, in
case rating of bidder is negative / blacklisted after award of work for supply of
goods / services, then SPMCIL shall not be obligated or liable to pay or
reimburse GST to such vendor and shall also be entitled to deduct / recover
such GST along with all penalties / interest, if any, incurred by SPMCIL.
(m) Any late delivery i.e., delivery after the due date attracts payment of damages by
the vendor / contractor as agreed mutually. It is agreed by the Contractor that
such damages become recoverable by SPMCIL with applicable GST thereon.
(n) Any reference in the NIT to CENVAT / VAT / Service Tax/ Excise Duty and the
clauses relating thereto may please be ignored.
12.7 Duties/ Taxes on Raw Materials
SPMCIL is not liable for any claim from the supplier on account of fresh imposition and/or
increase (including statutory increase) of GST/ CGST/ SGST/ UTGST/ IGST, custom duty
etc. on raw materials and/or components used directly in the manufacture of the contracted
goods taking place during the pendency of the contract, unless such liability is specifically
agreed to in terms of the contract.
12.8 For goods offered from abroad, the prices in the corresponding price schedule shall
be entered separately in the following manner:
a) The price of goods quoted FAS / FOB port of shipment, CIF port of entry in
India or CIF specified place of destination in India as indicated in the List of
Requirements.
b) Wherever applicable, the amount of custom duty and import duty on the
goods to be imported.
c) The charges for inland transportation, insurance, and other local costs
incidental to delivery of the goods from the port of entry in India to their final
destination, as specified in the List of Requirements. and
d) The charges for incidental services, as and if mentioned in the List of
Requirements.
12.9 Imported Stores not liable to Above-mentioned Taxes and Duties:
Above mentioned GST/ CGST/ SGST/ UTGST/ IGST are not leviable on imported
Goods and hence would not be reimbursed.
12.10 Customs Duty:
In respect of imported stores offered from abroad, the tenderer shall specify the rate
as well as the total amount of customs duty payable. The tenderer shall also indicate
the corresponding Indian Customs Tariff Number applicable for the goods in
question.
12.10.1. For transportation of imported goods offered from abroad, relevant instructions as
incorporated under GCC Clause 11 shall be followed.
12.10.2. For insurance of goods to be supplied, relevant instructions as provided under GCC
Clause 12 shall be followed.
12.10.3. Unless otherwise specifically indicated in this tender document, the terms FOB,
FAS, CIF etc. for imported goods offered from abroad, shall be governed by the
rules & regulations prescribed in the current edition of INCOTERMS, published by
the International Chamber of Commerce, Paris
12.10.4. The need for indication of all such price components by the tenderers, as required
in this clause (viz., GIT clause 12) is for the purpose of comparison of the tenders
by SPMCIL and will no way restrict SPMCIL’s right to award the contract on the
selected tenderer on any of the terms offered.
13. Conflict of Interest among Bidders/ Agents
13.1. A bidder shall not have conflict of interest with other bidders. The bidder found to
have a conflict of interest shall be disqualified. A bidder may be considered to have
a conflict of interest with one or more parties in this bidding process, if:
(i) they have controlling partner (s) in common; or
(ii) they receive or have received any direct or indirect subsidy/ financial stake
from any of them; or
(iii) they have the same legal representative/agent for purposes of this bid; or
(iv) they have relationship with each other, directly or through common third
parties, that puts them in a position to have access to information about or
influence on the bid of another Bidder; or
(v) Bidder participates in more than one bid in this bidding process. Participation
by a Bidder in more than one Bid will result in the disqualification of all bids in
which the parties involved. However, this does not limit the inclusion of the
components/ sub-assembly/ Assemblies from one bidding manufacturer in
more than one bid: or
(vi) a Bidder or any of its affiliates participated as a consultant in the preparation

of the design or technical specifications of the contract that is the subject of
the Bid.
13.2. Therefore, one agent cannot represent two suppliers or quote on their behalf in a
particular tender enquiry. Such quote has to be rejected. One manufacturer can
also authorize only one agent/dealer. There can be only one bid from
(i) The principal manufacturer directly or through one Indian agent on his behalf
or
(ii) The foreign principal or any of its branch/ division or
(iii) One Indian/ Foreign Agent on behalf of only one Principal.
13.3. For same reasons, in case of a holding company having more than one
independently manufacturing units or more than one unit having common business
ownership / management, only one unit should quote. Similar restrictions would
apply to closely related sister companies. Bidders must proactively declare in their
bids such sister/ common business/ management units in same/ similar line of
business.
13.4. Use of Agents by Foreign OEM/ Principals: Wherever the foreign OEM/ principal
desires to avail the services of an Indian Agent, the dealings with Indian Agents are
to be regulated as follows:
(a) Such Agents shall provide self-attested documentary evidence about their
identity (PAN, Aadhar Card, GSTIN registration, proof of address etc),
business details (ownership pattern and documents, type of firm, year of
establishment, sister concerns etc) to establish that they are a bonafide
business as per Indian Laws.
(b) Agency agreement between the foreign OEM/ principal and the Indian Agent
(including their associates), should be submitted to SPMCIL which should
cover - the precise relationship, services to be rendered, mutual interests in
business - generally and/ or specifically for the tender. Any payment, which
the agent or associate receives in India or abroad from the OEM, whether as
commission or as a general retainer fee should be brought on record in the
Agreement and be made explicit.
(c) Failure to furnish correct and detailed information as called for in sub-para
above will render the concerned tender liable to rejection or in the event of a
contract materializing, the same liable to termination. Besides this there would
be a penalty of banning business dealings with SPMCIL or damage or
recovery of EMD/ LD/ PBG.
(d) Tenderers of Indian Nationality bidding in association or on behalf of foreign

principals, shall furnish the following details in their offers:
13.5. The Bidder(s)/ Contractor(s) of Indian Nationality shall furnish
(a) The name and address of the foreign principals, if any, indicating their
nationality as well as their status, i.e., whether manufacturer or agents of
manufacturer holding the Letter of Authority of the Principal specifically
authorizing the agent to make an offer in India in response to tender either
directly or through the agents/ representatives.
(b) The amount of commission/ remuneration included in the price (s) quoted by
the Tenderer for himself.
(c) Confirmation of the foreign principals of the Tenderer that the commission/
remuneration, if any, reserved for the Tenderer in the quoted price(s), may be
paid by SPMCIL in India in equivalent Indian Rupees on satisfactory
completion of the Project or supplies of Stores and Spares in case of
operation items.
14. Firm Price / Variable Price
14.1 Unless otherwise specified in the SIT, prices quoted by the tenderer shall remain firm
and fixed during the currency of the contract and not subject to variation on any
account.
14.2 In case the tender documents require offers on variable price basis, the price quoted
by the tenderers will be subject to adjustment during original Delivery Period to take
care of the changes in the cost of labour and material components in accordance
with the price variation formula to be specified in the SIT. If a tenderer submits firm
price quotation against the requirement of variable price quotation, that tender will be
prima-facie acceptable and considered further, taking price variation asked for by the
tenderer as zero.
14.3 However, as regards taxes and duties, if any, chargeable on the goods and payable,
the conditions stipulated in GIT clause 12 will apply for both firm price tender and
variable price tender.
14.4 Exchange Rate Variation: Subject to provisions of Clause 11 above, where prices
are quoted in foreign currencies and the deliveries exceed 12 months, involving
substantial imports content (> 35%) - Foreign Exchange Rate Variation (ERV) would
be borne by the Purchaser within the original Delivery Period. The offer of the
Tenderer should indicate import content and the currency used for calculating import
content.
14.5 Base Exchange rate of each major currency used for calculating FE content of the
contract should be indicated. The base date of ERV would be contract date and
variation on the base date can be given up to the midpoint manufacture, unless firm
has already indicated the time schedule within which material will be imported by the
firm.
14.6 In case delivery period is refixed/ extended, ERV will not be admissible, if this is due
to default of the supplier.
14.7 Documents for claiming ERV:
i. A bill of ERV claim enclosing working sheet

ii. Banker’s Certificate/debit advice detailing F.E. paid and exchange rate
iii. Copies of import order placed on supplier
iv. Invoice of supplier for the relevant import order
15. Alternative Tenders/ Offers

Unless otherwise specified in the Schedule of Requirements, alternative tenders/
offers shall not be considered.
16. Documents Establishing Tenderer’s Eligibility and Qualifications

16.1 Pursuant to GIT clause 3 and 10, the tenderer shall furnish, as part of its tender,
relevant details and documents establishing its eligibility to quote and its
qualifications to perform the contract if its tender is accepted.
16.2 The documentary evidence needed to establish the tenderer’s qualifications shall
fulfil the following requirements:
a) In case the tenderer offers to supply goods, which are manufactured by some
other firm, the tenderer has been duly authorized by the goods manufacturer
to quote for and supply the goods to SPMCIL. The tenderer shall submit the
manufacturer’s authorization letter to this effect as per the standard form
provided under Section XIV in this document.
b) The tenderer has the required financial, technical and production capability
necessary to perform the contract and, further, it meets the qualification
criteria incorporated in the Section IX in these documents.
c) in case the tenderer is not doing business in India, how will he carry out the
required contractual functions and duties of the supplier including after sale
service, maintenance & repair etc. of the goods in question, stocking of spare
parts and fast-moving components and other obligations, if any, specified in
the conditions of contract and/ or technical specifications.
17. Documents establishing Good’s Conformity to Tender document

17.1 Country of Origin, Manufacture and Supply: Bidder must declare the country of origin,
manufacture, value addition and supply of the goods offered by them. He must
confirm that these do not violate provisions of Clause 3 of GIT.
17.2 The tenderer shall provide in its tender the required as well as the relevant
documents like technical data, literature, drawings etc. to establish that the goods
and services offered in the tender fully conform to the goods and services specified
by SPMCIL in the tender documents. For this purpose, the tenderer shall also
provide a clause-by-clause commentary on the technical specifications and other
technical details incorporated by SPMCIL in the tender documents to establish
technical responsiveness of the goods and services offered in its tender.
17.3 In case there is any variation and/ or deviation between the goods & services
prescribed by SPMCIL and that offered by the tenderer, the tenderer shall list out the
same in a chart form without ambiguity along with justification and provide the same
along with its tender.
17.4 If a tenderer furnishes wrong and/ or misguiding data, statement(s) etc. about
technical acceptability of the goods and services offered by it, its tender will be liable
to be ignored and rejected in addition to other remedies available to SPMCIL in this
regard.
18. Earnest Money Deposit (EMD)

18.1 Pursuant to GIT clause 10.1(e) the tenderer shall furnish along with its tender,
earnest money for amount as shown in the List of Requirements. The earnest money
is required to protect SPMCIL against the risk of the tenderer’s unwarranted conduct
as amplified under sub-clause 23.2 below.
18.2 The tenderers who are currently registered and, also, will continue to remain
registered during the tender validity period with Udyam Registration as Micro & Small
Enterprises (MSEs), National Small Industries Corporation (NSIC) or with SPMCIL
are exempted from payment of earnest money. In case the tenderer falls in these
categories, it should furnish certified copy of its valid registration details (with Udyam
Registration, NSIC or SPMCIL as the case may be).
18.3 The earnest money shall be denominated in Indian Rupees.
18.4 The earnest money shall be furnished in one of the following forms:
a) Account Payee Demand Draft or
b) Fixed Deposit Receipt or
c) Banker’s cheque or
d) Bank Guarantee
The demand draft, fixed deposit receipt or banker’s cheque shall be drawn on any
scheduled commercial bank in India, in favour of Account specified in the Clause 1 of
NIT. In case of bank guarantee, the same is to be provided from/confirmed by any
scheduled commercial bank in India as per the format specified under Section XIII in
these documents.
18.5 Unless otherwise specified in SIT, the earnest money shall be valid for a period of
forty-five days beyond the validity period of the tender.
18.6 Unsuccessful tenderers’ earnest monies will be returned to them without any interest,
after expiry of the tender validity period, but not later than thirty days after conclusion
of the resultant contract. Successful tenderer’s earnest money will be returned
without any interest, after receipt of performance security from that tenderer.
18.7 Earnest money of a tenderer will be forfeited, if the tenderer withdraws or amends its
tender or impairs or derogates from the tender in any respect within the period of
validity of its tender. The successful tenderer’s earnest money will be forfeited if it
fails to furnish the required performance security within the specified period.
19. Tender Validity

19.1 If not mentioned otherwise in the SIT, the tenders shall remain valid for acceptance
for a period of 90 days (Ninety days) in case of single bid tender system and 120
days in case of two-bid system after the date of tender opening prescribed in the
tender document. Any tender valid for a shorter period shall be treated as
unresponsive and rejected.
19.2 In exceptional cases, the tenderers may be requested by SPMCIL to extend the
validity of their tenders upto a specified period. Such request(s) and responses
thereto shall be conveyed by surface mail or by fax/email/ telex/ cable followed by
surface mail. The tenderers, who agree to extend the tender validity, are to extend
the same without any change or modification of their original tender and they are also
to extend the validity period of the EMD accordingly.
19.3 In case the day upto which the tenders are to remain valid falls on/ subsequently
declared a holiday or closed day for SPMCIL, the tender validity shall automatically
be extended upto the next working day.
19.4 Compliance with the Clauses of this Tender Document: Tenderer must comply
with all the clauses of this Tender Document. In case there are any deviations, these
should be listed in a chart form without any ambiguity along with justification.
20. Signing and Sealing of Tender

20.1 An authenticated copy of the document which authorizes the signatory to commit on
behalf of the firm shall accompany the offer. The individual signing the tender, or any
other documents connected therewith should clearly indicate his full name and
designation and also specify whether he is signing,
(a) As Sole Proprietor of the concern or as attorney of the Sole Proprietor.
(b) As Partner (s) of the firm.
(c) as Director, Manager or Secretary in case the of Limited Company duly

authorized by a resolution passed by the Board of Directors or in pursuance
of the Authority conferred by Memorandum of Association.
20.2 The authorized signatory of the tenderer must sign the tender at appropriate places
and initial the remaining pages of the tender.
20.3 The tenderers shall submit their tenders as per the instructions contained in GIT
Clause 10.
20.4 Unless otherwise mentioned in the SIT, a tenderer shall submit two copies of its
tender marking them as “Original” and “Duplicate”.
20.5 The original and other copies of the tender shall either be typed or written in indelible
ink and the same shall be signed by the tenderer or by a person(s) who has been
duly authorized to bind the tenderer to the contract. The letter of authorization shall
be by a written power of attorney, which shall also be furnished along with the tender.
20.6 All the copies of the tender shall be duly signed at the appropriate places as
indicated in the tender documents and all other pages of the tender including printed
literature, if any shall be initialled by the same person(s) signing the tender. The
tender shall not contain any erasure or overwriting, except as necessary to correct
any error made by the tenderer and, if there is any such correction; the same shall be
initialled by the person(s) signing the tender.
20.7 The tenderer is to seal the original and each copy of the tender in separate
envelopes, duly marking the same as “Original”, “Duplicate” and so on and writing the
address of SPMCIL and the tender reference number on the envelopes. The
sentence “NOT TO BE OPENED” before ………… (The tenderer is to put the date &
time of tender opening) are to be written on these envelopes. The inner envelopes
are then to be put in a bigger outer envelope, which will also be duly sealed, marked
etc. as above. If the outer envelope is not sealed and marked properly as above,
SPMCIL will not assume any responsibility for its misplacement, premature opening,
late opening etc.
20.8 Two-Bid (envelop/ packet) System: If so indicated in the NIT/ SIT, tender document
will seek quotation in two parts (Two Bid System) for purchasing capital equipment,
high value plant, machinery etc. of complex and technical nature. First part would be
containing the relevant technical details of the equipment / machinery etc., and the
second part would be containing, price quotation along with other allied issues. First
part will be known as 'Technical Bid', and the second part 'Financial bid'. Tenderer
shall seal separately 'Technical Bid' and 'Financial bid’, and covers will be suitably
super scribed. Both these sealed covers shall be put in a bigger cover and sealed,
and evaluation would be done as described in clause 24.4 below. Further details
would be given in SIT, if considered necessary. Pricing details should not be
mentioned or hinted at in any manner in the "Technical Bid". In Financial bid, there
should not be any extra information connected with Technical suitability of the offer –
which has not been already disclosed in the Technical Bid.
20.9 If permitted in the SIT, the tenderer may submit its tender through e-tendering
procedure.
D SUBMISSION OF TENDERS
21. Submission of Tenders

21.1 Tenderers shall ensure that their tenders, duly sealed and signed, complete in all
respects as per instructions contained in the Tender Documents, are dropped in the
tender box located at the place as indicated in para 1 of NIT on or before the closing
date and time indicated therein, failing which the tenders will be treated as late and
rejected. Tenders may also be sent through post at the address as above. However,
Purchaser will not be responsible for any postal lapses or delays in receipt of the
documents. In case of bulky tender, which cannot be put into tender box, the same
shall be submitted by the tenderer by hand to the designated officers of SPMCIL, as
indicated in clause 1 of NIT. The officer receiving the tender will give the tenderer an
official receipt duly signed with date and time.
21.2 The tenderers must ensure that they deposit their tenders not later than the closing
time and date specified for submission of tenders. In the event of the specified date
for submission of tender falls on / is subsequently declared a holiday or closed day
for SPMCIL, the tenders will be received upto the appointed time on the next working
day.
22. Late Tender

A tender, which is received after the specified date and time for receipt of tenders will
be treated as “late” tender and will be ignored.
23. Alteration and Withdrawal of Tender

23.1 The tenderer, after submitting its tender, is permitted to alter / modify its tender so
long as such alterations / modifications are received duly signed, sealed, and marked
like the original tender, within the deadline for submission of tenders. Alterations /
modifications to tenders received after the prescribed deadline will not be considered.
23.2 No tender should be withdrawn after the deadline for submission of tender and
before expiry of the tender validity period. If a tenderer withdraws the tender during
this period, it will result in forfeiture of the earnest money furnished by the tenderer in
its tender besides other sanctions by SPMCIL.
E TENDER OPENING
24. Opening of Tenders

24.1 SPMCIL will open the tenders at the specified date and time and at the specified
place as indicated in clause 1 of NIT. In case the specified date of tender opening
falls on / is subsequently declared a holiday or closed day for SPMCIL, the tenders
will be opened at the appointed time and place on the next working day.
24.2 Authorized representatives of the tenderers, who have submitted tenders on time
may attend the tender opening, provided they bring with them letters of authority as
per the format in SBD XVII from the corresponding tenderers. The tender opening
official(s) will prepare a list of the representatives attending the tender opening. The
list will contain the representatives’ names & signatures and corresponding
tenderers’ names and addresses.
24.3 During the tender opening, the tender opening official(s) will read the salient features
of the tenders like description of the goods offered, price, special discount if any,
delivery period, whether earnest money furnished or not and any other special
features of the tenders, as deemed fit by the tender opening official(s).
24.4 In the case of two bid system mentioned in clause 20.8 above, the technical bids are
to be opened in the first instance, at the prescribed time and date. These bids shall
be scrutinized and evaluated by the competent committee/ authority with reference to
parameters prescribed in the tender document. Thereafter, in the second stage, the
financial bids of only the technically acceptable offers (as decided in the first stage)
shall be opened for further scrutiny and evaluation. Other financial bids would be
returned unopened to the respective bidders under Registered AD/ Reliable Courier
or any other mode with proof of delivery.
F SCRUTINY AND EVALUATION OF TENDERS
25. Basic Principle

Tenders will be evaluated on the basis of the terms & conditions already incorporated
in the tender document, based on which tenders have been received and the terms,
conditions etc. mentioned by the tenderers in their tenders. No new condition will be
brought in while scrutinizing and evaluating the tenders.
26. Preliminary Scrutiny of Tenders

26.1 The tenders will first be scrutinized to determine whether they are complete and meet
the essential and important requirements, conditions etc. as prescribed in the tender
document. The tenders, that do not meet the basic requirements, are liable to be
treated as unresponsive and ignored.
26.2 The following are some of the important aspects, for which a tender may be declared
unresponsive and ignored.
a) The tender is not in the prescribed format or is unsigned or not signed as per
the stipulations in the bid document.
b) Required EMD has not been provided.
c) The bidder is not eligible to participate in the bid as per laid down eligibility
criteria (example: the tender enquiry condition says that the bidder has to be
a registered MSE unit, but the tenderer is a, say, a large-scale unit);
d) The Tenderer has quoted for goods manufactured by a different firm without
the required authority letter from the proposed manufacturer.
e) The tender validity is shorter than the required period.
f) The bid departs from the essential requirements specified in the bidding
document (Example: Some such important essential conditions are –
performance security, terms of payment, liquidated damage clause, warranty
clause, dispute resolution mechanism, applicable law and any other important
condition having significant bearing on the cost/ utility/ performance of the
required goods, etc);
g) Against a schedule in the List of Requirement (incorporated in the tender
enquiry), the Tenderer has not quoted for the entire requirement as specified
in that schedule.
(Example: In a schedule, it has been stipulated that the Tenderer will supply
the equipment, install, and commission it and also train SPMCIL’s operators
for operating the equipment. The Tenderer has however, quoted only for
supply of the equipment).
27. Minor Infirmity/ Irregularity/ Non-Conformity

If during the preliminary examination, SPMCIL find any minor infirmity and/ or
irregularity and/ or non-conformity in a tender, SPMCIL may waive the same provided
it does not constitute any material deviation and financial impact and, also, does not
prejudice or affect the ranking order of the tenderers. Wherever necessary, SPMCIL
will convey its observation on such ‘minor’ issues to the tenderer by registered/
speed post etc. asking the tenderer to respond by a specified date. If the tenderer
does not reply by the specified date or gives evasive reply without clarifying the point
at issue in clear terms, that tender will be liable to be ignored.
28. Discrepancy in Prices

28.1 If, in the price structure quoted by a tenderer, there is discrepancy between the unit
price and the total price (which is obtained by multiplying the unit price by the
quantity), the unit price shall prevail and the total price corrected accordingly, unless
SPMCIL feels that the tenderer has made a mistake in placing the decimal point in
the unit price, in which case the total price as quoted shall prevail over the unit price
and the unit price corrected accordingly.
28.2 If there is an error in a total price, which has been worked out through addition and/
or subtraction of subtotals, the subtotals shall prevail and the total corrected; and
28.3 If there is a discrepancy between the amount expressed in words and figures, the
amount in words shall prevail, subject to sub clause 28.1 and 28.2 above.
28.4 If, as per the judgment of SPMCIL, there is any such arithmetical discrepancy in a
tender, the same will be suitably conveyed to the tenderer by registered / speed post.
If the tenderer does not agree to the observation of SPMCIL, the tender is liable to be
ignored.
29. Discrepancy between original and copies of Tender

In case any discrepancy is observed between the text etc. of the original copy and
that in the other copies of the same tender set, the text etc. of the original copy shall
prevail. Here also, SPMCIL will convey its observation suitably to the tenderer by
register / speed post and, if the tenderer does not accept SPMCIL’s observation, that
tender will be liable to be ignored.
30. Clarification of Bids

During evaluation and comparison of bids, purchaser may, at its discretion ask the
bidder for clarification of its bid. The clarification should be received within 7 days
from the bidder from date of receipt of such request. The request for clarification shall
be in writing and no change in prices or substance of the bid shall be sought, offered,
or permitted. No post bid clarification at the initiative of the bidder shall be
entertained.
31. Qualification/ Eligibility Criteria

Tenders of the tenderers, who do not meet the required qualification/ eligibility criteria
prescribed in Section IX will be treated as unresponsive and will not be considered
further.
32. Conversion of tender currencies to Indian Rupees

In case the tender document permits the tenderers to quote their prices in different
currencies, all such quoted prices of the responsive tenderers will be converted to a
single currency viz., Indian Rupees for the purpose of equitable comparison and
evaluation, as per the B.C. selling exchange rates established by the State Bank of
India for similar transactions, as on the date of (technical bid) tender opening.
33. Schedule-wise Evaluation

Unless otherwise stipulated in the NIT/ SIT in case the List of Requirements contains
more than one schedule, the responsive tenders will be evaluated and compared
separately for each schedule. The tender for a schedule will not be considered if the
complete requirements prescribed in that schedule are not included in the tender.
However, as already mentioned in GIT sub clause 12.2, tenderers have the option to
quote for any one or more schedules and offer discounts for combined schedules.
Such discounts, wherever applicable, will be considered to determine the tender or
combination of tenders offering the lowest evaluated cost for SPMCIL in deciding the
successful tenderer for each schedule, subject to that tenderer(s) being responsive.
34. Comparison on CIF Destination Basis

Unless mentioned otherwise in Section-III – Special Instructions to Tenderers and
Section-VI – List of Requirements, the comparison of the responsive tenders shall be
on CIF destination basis, duly delivered, commissioned, etc. as the case may be.
35. Additional Factors and Parameters for Evaluation and Ranking of Responsive
Tenders
35.1 Further to GIT Clause 33 above, SPMCIL’s evaluation of a tender will include and
consider the following:
a) in the case of goods manufactured in India or goods of foreign origin already
located in India, GST/ CGST/ SGST/ UTGST/ IGST & other similar duties,
which will be contractually payable (to the tenderer), on the goods if a
contract is awarded on the tenderer; and
b) In the case of goods of foreign origin offered from abroad, customs duty and
other similar import duties/ taxes, which will be contractually payable (to the
tenderer) on the goods if the contract is awarded on the tenderer.
35.2 SPMCIL’s evaluation of tender will also consider the additional factors, if any,
incorporated in SIT in the manner and to the extent indicated therein.
35.3 Benefits/ Preferential Treatment to Micro & Small Enterprises (MSEs) and Star-
up Enterprises: As per policies of the Government from time to time, the purchaser
reserves its option to give price preference to Micro and Small-Scale Industries in
comparison to the large-scale Industries:
(a) (i) Tender sets shall be provided free of cost to MSEs registered with
agencies, as given at Para (b) below, for the item tendered.
(ii) MSEs registered with the agencies, as given at Para (b) below, for the item
tendered will be exempted from payment of Earnest Money.
(iii) If a MSE bidder quotes a price within the band of the lowest (L1) +15 per
cent in a situation where the L1 price is quoted by someone other than an
MSE, the MSE bidders are eligible for being awarded 25 per cent of the total
tendered value if they agree to match the L1 price. In case of more than one
such eligible MSE, the 25 per cent quantity is to be distributed proportionately

among these bidders. Within this, a purchase preference of 4 per cent is
reserved for MSEs owned by Scheduled Caste (SC)/ Scheduled Tribe (ST)
entrepreneurs and 3 per cent is reserved for procurement from MSEs owned
by women (if they participate in the tender process and match the L1 price).
Provided that, in event of failure of such SC/ ST or Women MSE to participate
in tender process or meet tender requirements and L1 price, 4 per cent sub-
target shall be met from other MSE.
(b) (I) MSEs, who are interested in availing themselves of these benefits, will
enclose with their offer the proof of their being MSE registered with any of the
agencies mentioned in the notification of Ministry of MSME indicated below: -
(i) District Industries Centres
(ii) Khadi and Village Industries Commission
(iii) Khadi and Village Industries Board
(iv) Coir Board
(v) National Small Industries Corporation
(vi) Directorate of Handicraft and Handloom
(vii) Udyog Aadhar Memorandum of Ministry of MSME
(viii) Any other body specified by Ministry of MSME
(II) MSEs would be treated as owned by SC/ ST or women entrepreneurs:
(a) In case of proprietary MSE, proprietor(s) shall be SC / ST or

women
(b) In case of partnership MSE, the SC/ ST or women partners

shall be holding at least 51% shares in the unit
(c) In case of Private Limited Companies, at least 51% share shall

be held by SC/ ST or women promoters.
(II) The MSEs must also indicate the terminal validity date of their
registration.
Failing (b) (I), (II) & (III) above, such offers will not be liable for consideration of
benefits detailed in MSE notification of Government of India dated 23.03.2012 and its
further amendments.
35.4 Support to Start-up Enterprises
35.5 The condition of prior turnover and prior experience may be relaxed for Start-ups (as
defined by Department of Industrial Policy and Promotion) subject to meeting of
quality & technical specifications and making suitable provisions in the bidding
document. The quality and technical parameters are not to be diluted. As defined by
Department of Policy & Promotion (DIPP) an entity shall be considered as a 'start-
up'-
(a) Up to five years from the date of its incorporation/ registration,
(b) If its turnover for any of the financial years has not exceeded Rs 25 (Rupees
twenty-five) crore
(c) It is working towards innovation, development, deployment or commercialisation

of new products, processes or services driven by technology or intellectual property.
(d) Provided further that in order to obtain benefits a start-up so identified under the
above definition shall be required to obtain and submit along with the tender, a
certificate of an eligible business from the inter-Ministerial Board of Certification.
35.6 Preference to Make in India Products
1. Department for Promotion of Industry and Internal Trade, (DPIIT - Public

Procurement Section) has issued order No. P-45021/2/2017-PP (BE-II) dated 04th
June 2020, revising its “Public Procurement (Preference to Make in India) Order
2017” (PPI-MII) to encourage 'Make in India' and promote manufacturing and
production of goods and services in India. Local content can be increased through
partnerships, cooperation with local companies, establishing production units in
India or Joint Ventures (JV) with Indian suppliers, increasing the participation of
local employees in services and training them.
2. Categories of Local Suppliers:
Bidders/ Supplier are divided into three categories based on Local Content (local
value addition as a %age of total value):
'Class-I local supplier' with local content equal to or more than 50%
'Class-II local supplier' with local content more than 20% but less than 50%
'Non - Local supplier' with local content less than or equal to 20%
3. Nodal Ministry/ Department:
a) Nodal Ministry/ Department for various products have been prescribed on

DPIIT website. The products where there is sufficient local capacity and local
competition and prescribe or vary minimum local content (only above which benefits
of PPI-MII order are applicable for a procurement). It may make special provisions
for exempting suppliers from meeting the stipulated local content if the product is
being manufactured in India under a license from a foreign manufacturer who holds
intellectual property rights and where there is a technology collaboration
agreement/ transfer of technology agreement for indigenous manufacture of a
product developed abroad with clear phased increase in local content. Guidelines
by respective Nodal Ministry/ Department for different products can be seen from
website of DPIIT.
b) Nodal Ministry for its items may issue directions to exclude bidders from a
country from eligibility for its procurement as measure of reciprocity of such action
by that country against Indian Suppliers. For this purpose, a supplier or bidder shall
be considered to be from a country if (i) the entity is incorporated in that country, or
ii) a majority of its shareholding or effective control of the entity is exercised from
that country; or (iii) more than 50% of the value of the item being supplied has been
added in that country. Indian suppliers shall mean those entities which meet any of
these tests with respect to India.
4. Eligibility to participate and Purchase preference to Class-I local

suppliers in Tenders of all goods, services or works:
(a) Only 'Class-I local supplier' shall be eligible to bid irrespective of purchase
value - where there is sufficient local capacity and local competition Hence in such
cases there is no question of price preference.
(b) Only 'Class-I local supplier' and 'Class-II local supplier’ shall be eligible (and
‘Non-local suppliers are NOT eligible) to bid in other procurement of less than Rs.
200 Crore (where Global Tender would not be normally allowed). All three
categories of suppliers are eligible to bid in global tender enquiries. In such
procurements Class-I local suppliers (provided they fulfil the minimum local content
specified in the tender for the item) would be given preference over other categories
of suppliers (who are not entitled to any purchase preference) as per following
procedure:
(1) For goods and works where the requirements are divisible by nature:
i. Among all qualified bids, the lowest bid will be termed as L1. If L1 is 'Class-I local
supplier', the contract for full quantity will be awarded to L1.
ii. If L1 bid is not a 'Class-I local supplier', 50% of the order quantity shall be
awarded to L1. Thereafter, the lowest bidder among the 'Class-I local supplier' will
be invited to match the L1 price for the remaining 50% quantity subject to the Class-
I local supplier's quoted price falling within the margin of purchase preference, and
contract for that quantity shall be awarded to such 'Class-I local supplier' subject to
matching the L1 price. In case such lowest eligible 'Class-I local supplier' fails to
match the L1 price or accepts less than the offered quantity, the next higher 'Class-I
local supplier' within the margin of purchase preference shall be invited to match
the L1 price for remaining quantity and so on, and contract shall be awarded
accordingly. In case some quantity is still left uncovered on Class-I local suppliers,
then such balance quantity may also be ordered on the L1 bidder.
(2) For goods and works where the requirements are not divisible in nature, and in
procurement of services where the bid is evaluated on price alone:
i. Among all qualified bids, the lowest bid will be termed as L1. If L 1 is 'Class-I local
supplier', the contract will be awarded to L1.
ii. If L1 is not 'Class-I local supplier', the lowest bidder among the 'Class-I local
supplier', will be invited to match the L1 price subject to Class-I local supplier's
quoted price falling within the margin of purchase preference, and the contract shall
be awarded to such 'Class-I local supplier' subject to matching the L1 price.
iii. In case such lowest eligible 'Class-I local supplier' fails to match the L1 price, the
'Class-I local supplier' with the next higher bid within the margin of purchase
preference shall be invited to match the L1 price and so on and contract shall be
awarded accordingly. In case none of the 'Class-I local supplier' within the margin of
purchase preference matches the L1 price, the contract may be awarded to the L1
bidder.
(c) The margin of purchase preference shall be 20%, unless otherwise stipulated
by the Nodal Ministry/ Department. Minimum local content is 50%, unless otherwise
specified by the Nodal Ministry/ Department. The minimum local content, the
margin of purchase preference and the procedure for preference to Make in India
shall be specified in the notice inviting tenders and shall not be varied during
procurement.
5. Verification of local content and violations:
a. The 'Class-I local supplier'/ 'Class-II local supplier' at the time of tender, bidding
or solicitation shall be required to indicate percentage of local content and provide
self-certification that the item offered meets the local content requirement for 'Class-
I local supplier'/ 'Class-II local supplier', as the case may be. They shall also give
details of the location(s) at which the local value addition is made.
b. In cases of procurement for a value in excess of Rs 10 crores, the 'Class-I local

supplier'/ 'Class-II local supplier' shall be required to provide a certificate from the
statutory auditor or cost auditor of the company (in the case of companies) or from
a practicing cost accountant or practicing chartered accountant (in respect of
suppliers other than companies) giving the percentage of local content.
c. Complaints about Local content declarations may be made through the channels
of SPMCIL. SPMCIL and Nodal Ministries may prescribe fees for such complaints.
d. For False declarations a bidder or its successors can be debarred for up to two
years by following debarment procedures along with such other actions as may be
permissible under law.
35.7 Price Variation: If the tenders have been invited on variable price basis, the tenders
will be evaluated, compared, and ranked on the basis of the position as prevailing on
the day of (technical bid) tender opening and not on the basis of any future date.
36. Tenderer’s capability to perform the contract

36.1 SPMCIL, through the above process of tender scrutiny and tender evaluation will
determine to its satisfaction whether the tenderer, whose tender has been
determined as the lowest evaluated responsive tender is eligible, qualified, and
capable in all respects to perform the contract satisfactorily. If, there is more than one
schedule in the List of Requirements, then, unless otherwise stipulated in the NIT/
SIT, such determination will be made separately for each schedule.
36.2 The above-mentioned determination will, inter-alia, consider the tenderer’s financial,
technical and production capabilities for satisfying all the requirements of SPMCIL as
incorporated in the tender document. Such determination will be based upon scrutiny
and examination of all relevant data and details submitted by the tenderer in its
tender as well as such other allied information as deemed appropriate by SPMCIL.
37. Cartel Formation/ Pool Rates

Cartel formation or quotation of Pool/ Co-ordinated rates, leading to “Appreciable
Adverse Effect on Competition” (AAEC) as identified in Competition Act, 2002, as
amended by Competition (Amendment) Act, 2007, would be considered as a serious
misdemeanour and would be dealt accordingly as per Clause 44 below.
38. Negotiations
Normally there would be no price negotiations. But SPMCIL reserves its right to
negotiate with the lowest acceptable bidder (L1), who is technically
cleared/approved for supply of bulk quantity and on whom the contract would
have been placed but for the decision to negotiate, under the following
exceptional circumstances:
a. Where the procurement is done on proprietary basis

b. Items to be procured are supplied by only limited sources of supply
c. Items where there is suspicion of cartel formation.
39. Contacting SPMCIL

39.1. From the time of submission of tender to the time of awarding the contract, if a
tenderer needs to contact SPMCIL for any reason relating to this tender enquiry and /
or its tender, it should do so only in writing.
39.2. It will be treated as a serious misdemeanour in case a tenderer attempts to influence
SPMCIL’s decision on scrutiny, comparison, evaluation, and award of the contracts.
In such a case the tender of the tenderer shall be liable for rejection in addition to
appropriate administrative actions being taken against that tenderer, as deemed fit by
SPMCIL, in terms of clause 44 of GIT.
G AWARD OF CONTRACT
40. SPMCIL’s Right to Accept any Tender and to Reject any or All Tenders
SPMCIL reserves the right to accept in part or in full any tender or reject any tender
without assigning any reason or to cancel the tendering process and reject all
tenders at any time prior to award of contract, without incurring any liability,
whatsoever to the affected tenderer or tenderers.
41. Award Criteria

Subject to GIT clause 36 above, the contract will be awarded to the lowest evaluated
responsive tenderer decided by SPMCIL in terms of GIT Clause 34.
42. Variation of Quantities at the Time of Award

No variation of quantities at the time of awarding the contract.
43. Parallel Contracts

SPMCIL reserves its right to conclude Parallel contracts, with more than one bidder
(for the same tender) in following circumstances:
(i) After due processing, if it is discovered that the quantity to be ordered is far more
than what L-1 alone is capable of supplying and there was no prior stipulation in
the NIT/ SIT to split the quantities, then the purchaser reserves its rights to
distribute the quantity being finally ordered, among the other bidders by counter
offering the L1 rate to L2 or higher tenderers.
(ii) When it is decided in advance to have more than one source of supply due to the
critical/ strategic/ specific nature of the supplies/ goods parallel contract
stipulation would be declared in the NIT/ SIT, clearly stating the manner of
deciding relative share of lowest bidder (L1) contractor and the rest of the
tenderers should be clearly defined, along with the minimum number of suppliers
sought for the contract. Unless otherwise stipulated in the NIT/ SIT, in case of
splitting in two and three, the ratio of 70:30; 50:30:20, respectively, may be used.
These ratios are approximate and SPMCIL reserves its right to marginally vary
quantities to suit capacity of the firm/ unit loads of packing or transportation. In
such cases the firms should not quote for less than 25% of the tendered quantity;
otherwise, their offer would be considered as unresponsive.
44. Serious Misdemeanours and Integrity Pact

44.1. Serious Misdemeanour: Following would be considered serious misdemeanours:
i. Other than in situations of force majeure, after opening of financial bids, the
supplier withdraws from the procurement process or after being declared as
successful bidder: (i) withdraws from the process; (ii) fails to enter into a
procurement contract; or (iii) fails to provide performance security or any other
document or security required in terms of the bidding documents.
ii. If the proprietor of the firm, its employee, partner, or representative is convicted
of any offence by a court under the Prevention of Corruption Act, 1988 or under
the Indian Penal Code or any other law for the time being in force for offences
involving moral turpitude in business dealings.
iii. If a firm directly or through an agent violates the code of ethics mentioned in
Clause 32 of the GCC violates Integrity Pact mentioned in clause 43.3 below, in
procurement or execution of the contract.
iv. Violate the safety or statutory norms that result in industrial accidents leading to
loss or injury to life or property or to any other legal liability to The Procuring
Entity.
v. Employs a government servant, who has been dismissed or removed on
account of corruption or employs a non-official convicted for an offence
involving corruption or abetment of such an offence, in a position where he
could corrupt government servants or employs a government officer within two
years of his retirement, who has had business dealings with him in an official
capacity before retirement; or
vi. On account of doubtful loyalty to the country or national security consideration
as determined by appropriate agencies of GoI (normally such banning/
blacklisting would be initiated by the central government/ ministry).
vii. Doubtful loyalty to the country or national security consideration as determined
by appropriate agencies of GoI
44.2. Besides, suitable administrative actions, like rejecting the offers, Holiday Listing or
delisting of registered firms, SPMCIL would take other remedies available to it
including banning/ blacklisting Tenderers committing such misdemeanour, including
declaring them ineligible to be awarded SPMCIL contracts for indefinite or for a
stated period.
44.3. Integrity Pact:
44.3.1. Signing of the Integrity Pact: If so stipulated in the NIT/ SIT, purchaser shall be
entering into an Integrity Pact with the bidders as per format enclosed vide Section
XX: Integrity Pact, of this tender document. Each page of this Integrity pact proforma
would be duly signed by Purchaser’s competent signatory. All pages of the Integrity
Pact are to be returned by the bidder (along with the technical bid) duly signed by the
same signatory who signed the bid, i.e., who is duly authorized to sign the bid and to
make binding commitments on behalf of his company. Any bid not accompanied by
Integrity Pact duly signed by the bidder shall be considered to be a non-responsive
bid and shall be rejected straightway. Names and contact details of the Independent
Monitor(s) for this Tender are listed in Para 1 of Notice Inviting Tender (NIT).
44.3.2. Extended Validity and provisions of its forfeiture: In modification of clause 18.5 and
18.6 earlier, in view of Integrity Pact, the Earnest Money Deposit shall be valid for six
months beyond the date of validity of the offer, after which the EMD of the
unsuccessful bidders would be returned. In addition, the EMD shall also be liable to
be forfeited If the Bidder or anyone employed by it or acting on its behalf (whether
with or without the knowledge of the Bidder) breaches any of the provisions of the
Integrity Pact.
44.3.3. Additional Serious Misdemeanour: As supplement to clause 44.1 above,
breaches of any of the provisions of the Integrity Pact by the Bidder or anyone
employed by it or acting on its behalf (whether with or without the knowledge of the
Bidder) shall be one of the misdemeanours attracting consequences and penalties as
mentioned in clause 44.2 above.
45. Notification of Award of Contract

45.1 Before expiry of the tender validity period, SPMCIL will notify the successful
tenderer(s) in writing, by registered / speed post or by fax/email / telex/ cable (to be
confirmed by registered / speed post) that its tender for goods & services, which have
been selected by SPMCIL, has been accepted, also briefly indicating there in the
essential details like description, specification and quantity of the goods & services
and corresponding prices accepted. The successful tenderer must furnish to SPMCIL
the required performance security within twenty-one days from the date of this
notification. Relevant details about the performance security have been provided
under GCC Clause 6 under Section IV.
45.2 The notification of award shall constitute the conclusion of the contract.
46. Issue of Contract

46.1 Within seven working days of receipt of performance security, SPMCIL will send the
contract form (as per Section XVI) duly completed and signed, in duplicate, to the
successful tenderer by registered / speed post.
46.2 Within seven days from the date of issue of the contract, the successful tenderer will
return the original copy of the contract, duly signed, and dated, to SPMCIL by
registered / speed post.
47. Non-receipt of Performance Security and Contract by SPMCIL

Failure of the successful tenderer in providing performance security within 21 days of
receipt of notification of award and / or returning contract copy duly signed in terms of
GIT clauses 45 and 46 above shall make the tenderer liable for forfeiture of its EMD
and, also, for further sanctions by SPMCIL against it.
48. Return of EMD

The earnest money of the successful tenderer and the unsuccessful tenderers will be
returned to them without any interest, whatsoever, in terms of GIT Clause 18.6.
49. Publication of Tender Result

The name and address of the successful tenderer(s) receiving the contract(s) will be
mentioned in the notice board/ bulletin/ web site of SPMCIL.
Part II: Additional General Instructions Applicable to Specific Types of Tenders:

In addition to GIT in Part I above, following GIT will be applicable following types of
Tenders:
50. Rate Contract Tenders

i. Earnest Money Deposit (EMD) is not applicable.
ii. The quantities required mentioned in the tender in Section-1 and Section-VI is
without any commitment on a rate-contract basis. The quantities are indicative
and exact call-off of quantity would be intimated periodically to the contractor by
way of periodical supply orders in line with the conditions of the rate contract.
iii. SPMCIL reserves the right to conclude more than one rate contract for the
same item.
iv. Unless otherwise specified in SIT, the currency of a Rate Contract would
normally be for one year.
v. During the currency of the Rate Contract, SPMCIL have the option to withdraw
the rate contract or renegotiate the price by serving suitable notice. The
prescribed notice period is generally thirty days.
vi. During the currency of the Rate Contract, in case of emergency or for values
less than Rs 1.5 (one and a half) Lakhs, SPMCIL may purchase the same item
through ad hoc contract with a new supplier.
vii. The terms of delivery in rate contracts are FOR dispatching station.
viii. Supply orders, incorporating definite quantity of goods to be supplied along with
all other required conditions following the rate contract terms, will be issued by
the SPMCIL or its nominated Direct Demanding Officers (DDO) for obtaining
supplies through the rate contract.
ix. SPMCIL is entitled to place supply orders up to the last day of the validity of the
rate contract and, though supplies against such supply orders will be affected
beyond the validity period of the rate contract, all such supply will be guided by
the terms & conditions of the rate contract.
x. The rate contract will be guided by “Fall Clause” as described below.
50.1 Fall Clause

If the rate contract holder reduces its price or sells or even offers to sell the rate
contracted goods, following conditions of sale similar to those of the rate contract, at a
price lower than the rate contract price, to any person or organization during the
currency of the rate contract, the rate contract price will be automatically reduced with
effect from that date (the day of opening of Price Bid) for all the subsequent supplies
under the rate contract and the rate contract amended accordingly. Any violation of
the fall clause would be considered a serious misdemeanour under clause 44 of the GIT
and action, as appropriate, would be taken as per provision of that clause.
50.2 Performance Security

Value of Performance Security would be stipulated in the SIT. Performance Security
shall, however, not be demanded again in the individual supply orders issued
subsequently against rate contracts.
50.3 Renewal of Rate Contracts

In case, it is not possible to conclude new rate contracts before the expiry of existing
ones, due to some special reasons, the existing rate contracts would be extended with
same terms, conditions etc for a suitable period, with the consent of the rate contract
holders. Rate contracts of the firms, who do not agree to such extension, will be left out.
Period of such extension would generally not be more than three months.
51. Prequalification Bidding (PQB)

51.1 Prequalification Bidding is for short listing of qualified Bidders who fulfil the
Prequalification criteria (PQC) as laid down in SIT or in Section IX of SBD –
“Qualification Criteria” for procurement of Goods or Services as listed in Section VI of
SBD – “List of Requirements”.
51.2 Unless otherwise stipulated in NIT/ SIT, the Pre-qualification Bid of the bidder should
contain inter-alia:
i). Tender Form: Section X
ii). Qualification/ Eligibility Criteria: Section IX, along with supporting documents
iii). If so specified in NIT/ SIT EMD amount in specified format
iv). Vendor Details: Section XII
v). Manufacturer’s Authorisation Form: Section XIV, if applicable
51.3 Unless otherwise stipulated in NIT/ SIT, EMD would be required as per clause 18 of
GIT. No separate EMD would be called from short-listed bidders for the subsequent
procurement bidding. In case a shortlisted bidder does not participate in subsequent

procurement bidding, the EMD shall be forfeited.
51.4 Shortlisted Bidders would be informed of their qualification and short listing in
accordance with the stipulations laid down in the SIT. Unless otherwise stipulated in
the SIT the PQB short listing would be valid only for the next procurement stage of
bidding.
51.5 If stipulated in the SIT, only these shortlisted qualified bidders would be invited to
participate in the next stage of Procurement of the requirements.
51.6 Otherwise SIT may also indicate that instead of floating a separate stage of PQB
bidding, it may be combined it with the Procurement bidding, as a three bid
(envelope) tender. Initially the first envelope containing PQB would be opened, and
evaluation would be done, to shortlist the bidders who pass the PQB criteria.
Thereafter the rest of tender would be handled as a two-bid system for only such
shortlisted bidders.
52. Tenders involving Samples

52.1 Normally no sample would be called along with the offer for evaluation.
52.2 Purchaser’s Samples: If indicated in the SIT, A Purchaser’s sample may be
displayed to indicate required characteristics over and above the Specifications for
perusal of the bidders. Name and Designation of the Custodian, Place, Dates and
Time of inspection of Purchaser’s sample will be indicated in the SIT. The supplies in
the contract will have to meet the indicated required characteristics for which the
Purchaser’s sample was displayed, besides meeting the specification listed in
Section VII – “Technical Specifications” of the SBD. He would be issued a sealed
Purchaser’s sample for the purpose at the time of award of the contract.
52.3 Pre-Production Samples: If stipulated in SIT, successful contractor would be
required to submit a Pre-Production sample(s) to the Inspecting Officer/ or the
nominated authority mentioned in the contract within the time specified therein. If the
Contractor is unable to do so, he must apply immediately to the Office issuing the
acceptance of tender for extension of time stating the reasons for the delay. If the
Purchaser is satisfied that a reasonable ground for an extension of time exists, he
may allow such additional time as he considers to be justified (and his decision shall
be final) with or without alteration in the delivery period stipulated in the contract and
on such conditions as he deems fit. In the event of the failure of the Contractor to
deliver the pre-production sample by the date specified in the acceptance of tender
or any other date to which the time may be extended as aforesaid by the Purchaser
or of the rejection of the sample, the Purchaser shall be entitled to cancel the
contract and, if so desired, purchase or authorize the purchase of the stores at the
risk and cost of the Contractor (unless specified otherwise in the SIT). In such an
event, in case of Security Items where urgency develops due to such delays,
SPMCIL reserves its right to procure not more than one year’s requirement against
this “Risk & Cost” tender from existing pre-qualified and security cleared firms. Bulk
production and supply will only be allowed if this sample(s) pass the Tests laid down
in the Section VIII – “Quality Control Requirements” in the SBD.
52.4 Testing of Samples: Tests, procedures and testing laboratories for testing samples
would be detailed in the Section VIII – “Quality Control Requirements” in the SBD.
52.5 Validation/ Prolonged Trials: If specified in SIT or in the Section VIII –
“Quality Control Requirements” in the SBD, pre-production samples may have to
undergo validation or extended trial before their performance can be declared
satisfactory.
52.6 Parameters Settings and duration of Validation Tests would be indicated in the
Section VIII – “Quality Control Requirements” in the SBD. It would also stipulate the
period or event marking end of validation trials. It would also be indicated therein
whether the Permission to start bulk production will have to wait full validation or it
can go on in parallel.
53. Expression of Interest (EOI) Tenders:

53.1 EOI tenders are floated for short listing firms who are willing and qualified for: -
i. Registration of Vendors for Supply of particular Stores or certain categories of

Stores.
ii. Development of new items or Indigenization of Imported stores
53.2 The qualification /eligibility criteria required and the format of submission of such
Data would be indicated in the Section IX – “Qualification Criteria” in the SBD.
53.3 Objectives and scope of requirement would be indicated in the Section VI – “List of
Requirements” in the SBD. Indicative quantity required yearly, and its future
requirements would also be indicated.
53.4 Unless otherwise stipulated in the NIT/ SIT, the EOI bid to be submitted by the
bidders would contain, inter-alia:

ii). Qualification/ Eligibility Criteria: Section IX, along with supporting documents
iii). Vendor Details: Section XII
iv). Manufacturer’s Authorisation Form: Section XIV, if applicable
53.5 In case of EOI for Development of new Items or for Indigenization, prospective firms
would be given opportunity to inspect the Machine/ Item at the place of installation at
the place, dates and Time mentioned in SIT.
53.6 In case EOI is for registration of vendors, Registration Fees and validity period of
registration would be detailed in the SIT.
53.7 Short List of Suppliers: The suppliers shall be evaluated for short listing, inter-alia,
based on their past experience of supplying goods in similar context, financial
strength, technical capabilities etc. Each supplier will be assigned scores based on
weightages assigned to each of the criteria mentioned in the Section IX –
“Qualification Criteria” in the SBD.
53.8 If stipulated in the SIT, the Firm’s capacity and Capability may be assessed by a
nominated Committee or by a third party nominated by SPMCIL.
53.9 All suppliers who secure the minimum required marks (normally 60% unless
otherwise specified in the Section IX) would be short listed. Section IX may
alternatively specify minimum qualifying requirement for each of the criteria i.e.,
minimum years of experience, minimum number of assignments executed, minimum
turnover etc. Under such circumstances, all suppliers who meet the minimum
requirement, as specified, will be short listed.
53.10 In case of EOI for registration of vendors, registration letters would be issued to the
shortlisted tenderers.
53.11 Unless otherwise stipulated in the NIT/ SIT, in case of EOI for development/
indigenization, these shortlisted tenderers would only be allowed to participate in the
subsequent development/ indigenization tenders.
54. Tenders for Disposal of Scrap:

54.1 Introduction: The tender is for Sale of Scrap material lying at various locations.
Details of scrap for sale including Description, Present Condition, Lot Size, and its
Location would be given in the Section VI – “List of Requirements/ Disposal”.
54.2 Sections VII, VIII, IX, XII, XIV, XV, XVIII, XIX and XX of SBD are not applicable to
Tenders for disposal of Scrap.
54.3 Unless otherwise stipulated in the NIT/ SIT, the Disposal of Scrap bid to be submitted
by the bidders would contain, inter-alia:

ii). List of Requirements/ Disposal - Section VI
iii). Qualification/ Eligibility Criteria: Section IX, along with supporting documents
iv). If so specified in NIT/ SIT EMD amount in specified format
v). Price Schedule: Section XI
54.4 “As Is; Where Is; Whatever Is” Basis of This Sale:
54.2.1 This sale of Scrap is strictly on “As Is; Where Is; Whatever Is” basis. Tenderer must
satisfy himself on all matters with regard to quality, quantity; nature of stores etc.,
before tendering as no complaint or representation of any kind shall be entertained
after the sale contract is concluded.
54.2.2 The description of lot in the particulars of sale has been given for the purpose of
identification thereof only and the use of such description shall not constitute the sale
thereof to be sale by description and no sale shall be invalid by reason of any defect
or deviation or variation in any lot or on account of any lot not being exactly described
and the purchaser shall not be entitled to claim any damage or compensation
whatsoever on account of such fault, error in description, weight or the like.
54.2.3 All quantities of scrap whether by weight or measurement mentioned in the Tender
notice are only approximate and should the quantity, on actual weight or
measurement basis as the case may be and whenever delivered on such basis,
works out less than the advertised and /or projected quantity, the SPMCIL shall not
under any circumstances be liable to make good any such deficiency
54.2.4 SPMCIL reserves right to increase or decrease the quantity of any item or items or
terminate the contract at any stage by giving one week's notice. No claim whatsoever
shall lie against the SPMCIL on account of such termination of the contract or
variation in the quantity.
54.2.5 SPMCIL shall have the right to remove certain items which it feels were not intended
for sale but were inadvertently made a part of the scrap material or of the lot offered
for sale lying at the premises or were joined or attached to the material offered for
sale.
54.2.6 Tenderers desirous of purchasing and participating in the tender must visit the site
before submitting the offer, after taking due permission from the concerned
Stockholders. The Tenderers submitting the offers shall be deemed to have visited
the site and acquainted themselves thoroughly with materials intended for sale in all
respect.
54.2.7 Any person giving offer shall be deemed to have made himself fully conversant with
the Terms and Conditions of the Tender Sale, as well as the location and condition of
the materials being sold and shall be deemed to have agreed to all the stated terms
and conditions herein under.
54.3 Submission of Offer:
54.3.1 Unless specified otherwise in the SIT, tenders shall hold good for acceptance for a
minimum period of 90 days (ninety days) from the date of opening of the tenders.
The offers of the tenderers shall be irrevocable.
54.3.2 Right to Reject all Bids: The seller reserves the right to accept/reject and cancel
any bid, amend the quantity under any lot or withdraw any lot at any stage after
acceptance of bid/issue of acceptance letter/sale order/delivery order/deposit of the
full sale value by the bidder, without assigning any reason thereof and the value of
such material, if paid for, shall be refundable. The seller shall not be responsible for
damage/loss to bidders on account of such withdrawal at any stage from the sale.
54.3.3 Unless otherwise stated in the SIT, the amount of EMD in such tenders would be 5%
of the value of the tender. The Earnest Money shall be forfeited if the tenderer
unilaterally withdraws, amends, impairs or derogates from his offer in any respect
within the period of validity of his offer.
54.3.4 If the offer of the tenderer is not accepted by the SPMCIL, the Earnest Money deposit
made by the tenderer shall be refunded to him. No interest shall be payable on such
refunds. The EMD deposited by the successful tenderer shall remain with the
SPMCIL till payment of the security deposit (SD) money, as stipulated in relevant
Clause, has been made. It may be adjusted as part of the total SD money at the
discretion of the SPMCIL.
54.3.5 Excise Duty, Taxes and TCS: Commercial tax/terminal tax, Octroi, municipal tax or
any other taxes/duties etc. whatever in force shall be payable extra by the purchaser
as per rules applicable to SPMCIL. Current and valid PAN and sales/commercial tax
registration number wherever applicable must be provided in the Bid of the Tenderer.
Any statutory variations in the rate of taxes/duties are to be borne by the purchaser.
VAT/ excise duty rates indicated in the e-auction catalogue are only indicative and
the actual VAT rates as applicable on the date shall be payable by the successful
bidders directly to the seller at the time of taking delivery of materials. Form 'C' will be
accepted. Tax Collected at Source (TCS) at the prevailing rate may be deducted
from all payments made to the buyer. In order to avoid the imposition of penalty, the
amount deposited by the successful bidder towards taxes, duties and TCS will be
immediately deposited with the concerned tax authorities without waiting for the
actual delivery. Registered dealers who are exempted from payment of Sales Tax
must submit copies of their Registration certificate of concerned authority and shall
be required to submit necessary form duly completed in all respect to SPMCIL or its
representatives before obtaining delivery order, duly signed by the partner of the firm
or the person authorized to do so.
54.3.6 All arrangement for lifting and transportation of scrap material, including manpower,
crane, transport vehicle and trolley etc, if required shall be made by the purchaser
concerned only and the SPMCIL shall not provide or help in providing any such
arrangements and the rate quoted by the purchaser must include such and all
incidental charges.
54.3.7 Sale of Items/Lots Comprising Hazardous Waste: Sale of hazardous waste items
will be governed by the following procedures in addition to guidelines/notifications
issued by the Central Pollution Control Board (CPCB)/Ministry of Environment and
Forests (MoEF) from time to time:
a) Sale of old batteries/lead acid batteries will be governed by the Batteries

(Management & Handling) Rules, 2001 and its subsequent amendments.
b) Sale of other categories of hazardous waste items will be governed by the
Hazardous Waste (Management, Handling and Transboundary Movement)
Rules, 2008 and its subsequent amendments and/or their relevant statutory
act/rules.
c) Sale of e-waste shall be governed by e-Waste (Management and Handling)
Rules, 2011.
d) Bidders must submit a notarized copy of the valid registration certificates
issued by the State (or Union Territory) Pollution Control Board (PCB) and
produce it at the time of taking delivery of the materials, failing which their bid
will be liable for rejection. In case of lead acid batteries, used/waste oils, and
nonferrous metal wastes, in addition to submitting necessary valid registration
from the SPCB, the bidder must also submit a notarized copy of the valid
registration certificate from CPCB (or MoEF); and
e) In case of a sale involving inter-state movement of goods, the buyer shall also
submit an NOC from the concerned SPCB, with whom the buyer is registered,
to the seller before taking delivery, failing which the buyer will be responsible
for the consequences and the seller shall take further decision as may be
deemed fit.
54.3.8 Evaluation of tenders for Disposal of scrap will be done on similar basis as Tenders
for Procurement of Goods, except that in supersession of clause 41 above, the
selection of the bidders shall be on the basis of the highest responsive Bidder (H1).
In case full quantity is not offered to be taken by the Highest Bidder, parallel
contracts would be placed.
54.4 Notification of Acceptance and Award of Contract:
54.4.1 The successful tenderer, herein after referred to as purchasers, shall have to submit
security deposit (SD) @ 3% - 5% of the total sale value of the contract within 5
working days of issue of the sale contract (excluding the date of issue of sale
contract). The SD shall be deposited in the form of bank draft/pay order, drawn on
any nationalized or recognized bank in favour of SPMCIL as mentioned in clause 1 of
NIT in connection with EMD.
54.4.2 The purchaser has to pay balance payment within 20 days from the date of
notification of acceptance, which is to be issued by SPMCIL or his authorized
representative, in form of Bank draft drawn on any nationalized or recognized bank in
favour of same authority as mentioned above. In case of any, default to deposit
balance payment, SPMCIL reserves right to terminate the contract and forfeit the
security deposit.
54.5 Disposal Tenders for Security and Sensitive Machinery and Items:
54.5.1 Non-Misuse Declaration: The bidder is required to give an undertaking that he or

his employees or legal heirs will ensure that such items purchased from SPMCIL,
will be utilized only for scrap recovery, and will not be misused for any other
purpose. He will also ensure that this undertaking is honoured, and it got
underwritten from further down the line scrap processors/ re-purchasers, if any. In
case his firm changes hands, it will be his responsibility to ensure that the new
owners honour and underwrite this undertaking.
54.5.2 If stipulated in SIT delivery would be given only in dismantled/cut-up condition.
55. Development and Indigenization Tenders:

55.1 Already developed firms or firms who have already received development orders for
the item (with whatever results) would not be considered in such tenders.
55.2 If specified in SIT the contract documents may be issued free of cost, and
submission of earnest money deposit and security deposit may be relaxed.
55.3 If specified in SIT, The Tenderers may quote separately for
i. Price/rate for bulk supply of item in development/indigenization supplies and
ii. Separately, cost of development including cost of pre-production samples.

Firms would be paid only for the number of samples specified in the Tender. If
he has to manufacture more samples due to failure of earlier one, he would not
be paid for it.
55.4 L1 would be determined on the basis of rate of item quoted including reference to
total cost of the development cost (including the cost of prototype) plus the notional
total cost of quantities that will be required over next three years, wherever
applicable.
55.5 Development contracts may, as far as feasible, be concluded with two or more
contractors in parallel.
55.6 The ratio of splitting of the supply order between various development agencies/firms
in cases of parallel development, including criteria thereof, would be specified in the
SIT.
55.7 However, in case the requirement is meagre and complex technology is involved, or
quantity of the equipment/ spares is limited/small/ uneconomic if distributed between
two vendors, the entire order could be placed upon the L1 vendor only.
55.8 If specified in SIT, Advance and Intermediate Payment to Suppliers may be allowed.
55.9 Quantity for Development Commitment
In Next three years, after the newly developed firm is able to successfully complete
Development orders with +/-5% tolerance, 20% of annual quantity requirement may
be reserved for Newly Developed firms.
55.10 Period of Development Commitment
A newly developed firm would be granted this facility till only three years after
completing the initial Development order. However, this facility is not a bar to the firm
from competing with already established firms for quantities larger than 20% provided
their prices and performance so warrant. Thereafter they would have to compete on
equal terms with other already developed firms.

Section II: General Instructions To Tenderer (GIT)

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Section II: General Instructions To Tenderer (GIT)

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Section II: General Instructions to Tenderers (GIT) 5

Section II: General Instructions to Tenderer (GIT)

Part I: General Instructions Applicable to all Types of Tenders

ownership of or entitlement to more than fifteen percent of the

4. Eligible Goods and Services

6. Content of Tender Documents

6.1 The tender documents includes:

4. Section IV -General Conditions of Contract (GCC)

7. Amendments to Tender Documents

9. Clarification of Tender Documents

10. Documents Comprising the Tender

(ii) Section VI - List of Requirements, showing the schedules and quantities

(iii) Documentary evidence, as necessary in terms of GIT clauses 3 and 16,

(vi) Vendor Details as per Section XII.

Note: No price details should be given or hinted in the Technical Bid.

11. Tender currencies

12. Tender Prices

12.6 GST/ CGST/ SGST/ UTGST/ IGST:

(k) Vendor/Supplier/Contractor should issue Receipt vouchers immediately on

12.7 Duties/ Taxes on Raw Materials

12.9 Imported Stores not liable to Above-mentioned Taxes and Duties:

12.10 Customs Duty:

13. Conflict of Interest among Bidders/ Agents

(i) they have controlling partner (s) in common; or

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

(ii) The foreign principal or any of its branch/ division or

(iii) One Indian/ Foreign Agent on behalf of only one Principal.

(d) Tenderers of Indian Nationality bidding in association or on behalf of foreign

13.5. The Bidder(s)/ Contractor(s) of Indian Nationality shall furnish

14. Firm Price / Variable Price

i. A bill of ERV claim enclosing working sheet

15. Alternative Tenders/ Offers

16. Documents Establishing Tenderer’s Eligibility and Qualifications

17. Documents establishing Good’s Conformity to Tender document

18. Earnest Money Deposit (EMD)

19. Tender Validity

20. Signing and Sealing of Tender

(b) As Partner (s) of the firm.

(c) as Director, Manager or Secretary in case the of Limited Company duly

21. Submission of Tenders

22. Late Tender

23. Alteration and Withdrawal of Tender

24. Opening of Tenders

F SCRUTINY AND EVALUATION OF TENDERS

25. Basic Principle

26. Preliminary Scrutiny of Tenders

27. Minor Infirmity/ Irregularity/ Non-Conformity

28. Discrepancy in Prices

29. Discrepancy between original and copies of Tender

30. Clarification of Bids

31. Qualification/ Eligibility Criteria

32. Conversion of tender currencies to Indian Rupees

33. Schedule-wise Evaluation

34. Comparison on CIF Destination Basis

such eligible MSE, the 25 per cent quantity is to be distributed proportionately

(i) District Industries Centres

(ii) Khadi and Village Industries Commission

(iii) Khadi and Village Industries Board

(iv) Coir Board