PRE-QUALIFICATION CRITERIA:

1. Bidder to provide BIS Certificate of material, else bid shall be

liable for rejection.
2. Minimum 2 years of experience in Oil
Depot/Terminal/Manufacturing industry of similar work.

Similar work:
Supply of safety shoe in Oil Depot/Terminal/ Manufacturing
industry

SCOPE OF WORK:
Scope of Bidder to supply 120 pair of safety shoes as per IS 15298-
2011 (Part-B). Shoe size shall be between 4 (UK) to 12 (UK),
including ladies shoes also. Ladies shoe shall be maximum 5,
ladies shoe shall be without laces.

Door delivery of material is included in scope of work.

Sample shoe delivery & return shall also included in scope of work.

Delivery Address:
HPCL Vashi terminal
D-99, MIDC Industrial Area,
Turbhe- Navi Mumbai
400705.

……..x……….
 Annexure -1: Bidding Entity

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

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

a) controls either directly or indirectly a Party, or

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

Bids may be submitted by:

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

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

c) Subsidiaries / Affiliates of Indian / foreign companies

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

a) The bidders (including an incorporated JV which has completed 3 financial years after date
of commencement of business) shall fulfil each eligibility criteria on individual / combined
basis.

b) In case the bidder is a newly formed and incorporated joint venture and which has not
completed three financial years from the date of commencement of business, then either
the said JV shall fulfil each eligibility criteria or any one constituent member/ promoter of
such a JV shall fulfil each eligibility criteria. If the bid is received with the proposal that one
constituent member/ promoter fulfils each eligibility criteria, then this member/promoter
shall be clearly identified and he/it shall assume all obligations under the contract and
provide such comfort letter/guarantees as may be required by Owner. The guarantees
shall cover inter alia the commitment of the member/ promoter to complete the entire
work in all respects and in a timely fashion, being bound by all the obligations under the
contract, an undertaking to provide all necessary technical and financial support to the JV
to ensure completion of the contract when awarded, an undertaking not to withdraw
from the JV till completion of the work, etc.

c) Subsidiaries / Affiliates of Indian or foreign companies which are registered in India and
having manufacturing facilities or establishment towards providing services in India are
allowed to participate in this tender, subject to meeting the local content provisions as
per the PPLC clause enclosed with this tender. Such entities can participate either on the
basis of their credentials (Technical & Financial) or on the basis of the credentials
(Technical or Financial) of their parent/ affiliate company, as per the PQC requirements
applicable for this tender. However, the Indian subsidiary must meet at least one of the
PQC, either Technical or Financial.

In case the parent / affiliate company is from a country which shares a land border with
India, then the subsidiary / affiliate company will be eligible to bid in this tender only if
the parent / affiliate company is registered with the Competent Authority constituted
by the Department for Promotion of Industry and Internal Trade (DPIIT).
Annexure -2: MII / PPLC Guidelines
 MII POLICY
No P-450211212017-PP (BE-II)
Government of India
Ministry of Commerce and lndustry
Department for Promotion of lndustry and lnternal Trade
(Public Procurement Section)
Udyog Bhawan, New Delhi
Dated 16"' September 2020

All Central Ministries/Departments/CPSUs/All concerned

ORDER

Subject: Public Procurement (Preference to Make In lndia), Order 2017- Revision, regarding.

Department for Promotion of Industry and Internal Trade, In partial modification (Paras 2, 3,
5, 10 & 13) of Order No P_.5021/2/2017-B.E.-11 dated 15.8 2017 as amended by Order No
P_.502112/2017-B E. 11 dated 28 05 2018, Order No. P- 4502112/2017-B E.-11 dated
29.05.2019 and Order No.P.,.502112/2017-B E.-11dated 04.06.2020, hereby issues the revised
'Public Procurement (Preference to Make In India), Order 2017" dated 18 09.2020 effective
with Immediate effect.

Whereas, it is the policy of the Government of India to encourage Make in India and
promote manufacturing end production of goods and services in India with a view to
enhancing income and employment and

Whereas, procurement by the Government is substantial in amount and can

contribute towards this policy objective, and

Whereas, local content can be Increased through partnership, cooperation with local
companies establishing production units in lndia or Joint Ventures (JV) with Indian
suppliers, increasing the participation of local employees in services and training them,

Now therefore the following Order Is issued

1. This order is issued in pursuant to Rule 153 of the General Financial Rule 2017.

2. Definitions: For the purposes of this Order.

Local content means the amount of value added in India which shall, unless otherwise
prescribed by Nodal Ministry be the total value of the item procured (excluding net
domestic indirect taxes) minus the value of imported content item (including all custom
duties) as a proportion of total value in percent.

Class I local supplier means a supplier or a service provider whose goods, services or
works offered for procurement meets the minimum 1ocal content as prescribed for Class-
II local supplier under this Order.
 'Class-II local supplier' means a supplier or service provider, whose goods, services or works
offered for procurement meets the minimum local content as prescribed for Class-II local
supplier" but less than that prescribed for ·class -1 local supplier" under this Order

'Non - Local supplier ' means a supplier or service provider whose goods, services or works
offered for procurement has local content less than that prescribed for Class-II local
supplier" under this Order

'L1' means the lowest tender or lowest bid or the lowest quotation received in a tender,
bidding process or other procurement has local content solicitation as adjudged in tho
evaluation process as per the tender or other procurement solicitation.

'Margin of purchase preference means the maximum extent to which the price quoted by a
"Class-I local supplier may be above the L1 for the purpose of purchase preference

'Nodal Ministry ' means the Ministry or Department Identified pursuant to this order in
respect of a particular item of goods or services or works

'Procuring entity' means a Ministry or department or attached or subordinate office of, or

autonomous body controlled by the Government of India and includes Government
companies as defined in the Companies Act

Works' means all works as per Rule130 of GFR 2017 and will also include turnkey
works'

1. Eligibility of 'Class-I local supplier'/ 'Class-II local supplier'/ 'Non-local suppliers' for
different types of procurement

a) In procurement of all goods, services or works in respect of which nodal

ministry/Department has communicated that there is sufficient local capacity
and local competition, only Class I supplier, as defined under the Order, shall be
eligible to bid irrespective of purchase value.

b) Only Class-I local supplier' and Class-II local supplier as defined Order shall be
eligible to bid in procurements undertaken by procuring entities, except when
the global tender enquiries has been issued. In global tender enquiries 'Non-
local suppliers shall also be eligible to bid along with Class-I local suppliers and
'Class-II local suppliers’. In procurement of a goods services or works not
covered by sub- para 3(a) above and with estimated value of purchases less
than Rs 200 Crore 1n accordance with Rule 161(1v) of GFR 2017 Global tender
enquiry shall not be issued except with the approval of competent authority as
designated by Department of Expenditure.
 c) For the purpose of this Order, works includes Engineering, Procurement
and Construction (EPC) includes contracts and services include System
Integrators contract

• 3A. Purchase Preference

a) Subject to the provision of this order and to any specific
instructions issued by the Nodal Ministry or in pursuance of this
Order, purchase preference shall be given to 'Class-I local
supplier' in procurements undertaken by procuring entities in the
manner specified here under.

b) In the procurements of goods or works, which are covered by

para 3(b above and which arc divisible in nature, the 'Class-I
local supplier( shall get purchase preference over 'Class-II local
supplier' as well as 'Non-local supplier’ as per following
procedure:

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.-1
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 mater the L1 price for remaining q 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.

c) In the procurements of goods or works, which are covered by

para 3(b) above and which are not divisible in nature, and in
procurement of services, where the bid is evaluated on price
alone, the 'Class-I local supplier' shall get purchase preference
 over 'Class- I local supplier' as well as 'Non-local supplier', as per
following procedure'.

i. Among all qualified bids, the lowest bid will be termed as L1. If L1
is 'Class-I local supplier', the contract will be awarded to L1.

ii. If L1 is not 'Class-1 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 1ocal supplier' within the margin of
purchase preference matches the L1 price, the contract may be
awarded to the L1 bidder.

d) "Class-II local supplier" will not get purchase preference in any

procurement, undertaken by procuring entities.

3B. Appl icability in tenders w here contract is to be awarded to multiple bidders - In

tenders where contract is awarded to multiple bidders subject to matching of
L1 rates or otherwise, the 'Class-I local supplier' shall get purchase preference
over 'Class-II local supplier' as well as 'Non-local supplier', as per following
procedure:

a) In case there is sufficient local capacity and competition for the item to be
procured, as notified by the nodal Ministry,only Class I local suppliers shall be eligible to bid. As
such, the multiple suppliers, who would be awarded the contract, should be all and only 'Class
I Local suppliers'.

b) In other cases, 'Class II local l suppliers' and 'Non local suppliers' may also
participate in the bidding process along with 'Class I Local suppliers' as per provisions of this
Order.

c) If 'Class I Local suppliers' qualify for award of contract for at least 50% of the
tendered quantity in any tender , the contract may be awarded to all the qualified bidders
as per award criteria stipulated in the bid documents . However, in case 'Class I Local suppliers '
do not qualify for award of contract for at least 50% of the tendered quantity , purchase
preference should be given to the 'Class I local supplier' over 'Class II local suppliers'/ 'Non local
suppliers' provided that their quoted rate falls within 20% margin of purchase preference of
the highest quoted bidder considered for award of contract so as to ensure that the 'Class I
Local suppliers' taken in totality are considered for award of contract for at least 50% of the
tendered quantity.

d) First purchase preference has to be given to the lowest quoting 'Class-I loca l
supplier', whose quoted rates fall within 20% margin of purchase preference, subject to its
meeting the prescribed criteria for award of contract as also the constraint of maximum
quantity that can be sourced from any single supplier. If the lowest quoting 'Class-I local
supplier', does not qualify for purchase preference because of aforesaid constraints or does
not accept the offered quantity,an opportunity may be given to next higher 'Class-I local supplier',
falling within 20% margin of purchase preference,and so on.

e) To avoid any ambiguity during bid evaluation process, the procuring entities may
stipulate its own tender specific criteria for award of contract amongst different bidders
including the procedure for purchase preference to 'Class-I local supplier' within the broad
policy guidelines stipulated in sub-paras above.

4. Exemption of small purchases: Notwithstanding anything contained in paragraph 3,

procurements where the estimated value to be procured is less than Rs. 5 lakhs shall be
exempt from this Order. However, it shall be ensured by procuring entities that
procurement is not split for the purpose of avoiding the provisions of this Order.

5. Minimum local content: The 'local content ' requirement to categorize a supplier
as 'Class-I local supplier' is minimum 50%. For 'Class-II local supplier', the 'local content'
requirement is minimum 20%. Nodal Ministry/ Department may prescribe only a higher
percentage of minimum local content requirement to categorize a supplier as 'Class-I local
supplier'/ 'Class-II local supplier'. For the items, for which Nodal Ministry/ Department has
not prescribed higher minimum local content notification under the Order, it shall be 50%
and 20% for 'Class-I local supplier'/ 'Class-II local supplier' respectively.

6. Margin of Purchase Preference : The margin of purchase preference shall be 20%.

7. Requirement for specification in advance : 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 or other form of procurement solicitation and shall not be
varied during a particular procurement transaction.

8. Government E-marketplace: In respect of procurement through the Government E-

marketplace (GeM) shall, as far as possible, specifically mark the items which meet the
 minimum local content while registering the item for display , and shall, wherever feasible,
make provision for automated comparison wit h purchase preference and without purchase
preference and for obtaining consent of the local supplier in those cases where purchase
preference is to be exercised.

9. Verification of local content:

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 'ClassI local supplier'/
'Class-I I 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. Decisions on complaints relating to implementation ion of this Order shall be taken by

the competent author ity which is empowered to look into procurement-related compla
ints relating to the procuring entity.

d. Nodal Ministries may constitute committees with internal and external experts for
independent verification of self-declarations and auditor's/ accountant 's certificates on
random basis and in the case of complaints.

e. Nodal Ministries and procuring entities may prescribe fees for such complaints.

f. False declarations will be in breach of the Code of Integrity under Rule 175(1)(i)(h) of the
General Financial Rules for which a bidder or its successors can be debarred for
up to two years as per Rule 151 (iii) of the General Financial Rules along with such other
actions as may be permissible under law.
g. A supplier who has been debarred by any procuring entity for violation of this Order shall
not be eligible for preference under this Order for procurement by any other procuring
entity for the duration of the debarment. The debarment for such other procuring entities
shall take effect prospectively from the date on which it comes to the notice of other
procurement entities, in the manner prescribed under paragraph 9h below.

h. The Department of Expenditure shall issue suitable instructions for the effective and
smooth operation of this process, so that:
1. The fact and duration of debarment for violation of this Order by any procuring entity are
promptly brought to the notice of the Member-Convenor of the Standing Committee
and the Department of Expenditure through the concerned Ministry /Department or in
some other manner;

ii. on a periodical basis such cases are consolidated and a centralized list or decentralized
lists of such suppliers with the period of debarment is maintained and displayed on webs
ite(s);

iii. in respect of procuring entities other than the one which has carried out the debarment,
the debarment takes effect prospectively from the date of uploading on the webs ite(s)
in the such a manner that ongoing procurements are not disrupted.

10. Specifications in Tenders and other procurement solicitations :

a. Every procuring entity shall ensure that the eligibility conditions in respect of previous
experience fixed in any tender or solicitation do not require proof of supply in other countries
or proof of exports .

b. Procuring entities shall endeavor to see that eligibility conditions, including on matters
like turnover , production capability and financial strength do not result in unreasonable
exclusion of 'Class-I local supplier'/ 'Class-II local supplier' who would otherwise be
eligible, beyond what is essential for ensuring quality or creditworthiness of the supplier.

c. Procuring entities shall, with in 2 months of the issue of this Order review all existing eligibility
norms and conditions with reference to sub-paragraphs 'a' and 'b' above.

d. Reciprocity Clause

1. When a Nodal Ministry/Department identifies that Indian suppliers of an item are not
allowed to participate and/ or compete in procurement by any foreign government, due
to restrictive tender conditions which have direct or indirect effect of barring Indian
companies such as registration in the procuring country , execution of projects of specific
value in the procuring country etc., it shall provide such details to all its procuring entities
including CMDs/CEOs of PSEs/PSUs , State Governments and other procurement agencies
under their administrative control and GeM for appropriate reciprocal action.

ii. Entities of countries which have been identified by the nodal Ministry/Department as
not allowing Indian companies to participate in their Government procurement for
any item related to that nodal Ministry shall not be allowed to participate in
 Government procurement in India for all items related to that nodal Ministry/
Department , except for the list of items published by the Ministry/ Department
permitting their participation.
iii. The stipulation in (ii) above shall be part of all tenders invited by the Central Government
procuring entities stated in (i) above . All purchases on GeM shall also necessarily have
the above provisions for items identified by nodal Ministry/ Department.
1v. State Governments should be encouraged to incorporate similar provisions in their
respective tenders .

v. The term 'entity' of a country shall have the same meaning as under the FDI Policy of
DPllT as amended from time to time.

e. Specifying foreign certifications/ unreasonable technical specifications/ brands/ models

in the bid document is restrictive and discriminatory practice against local suppliers.
If foreign certification is required to be stipulated because of non- availability of Indian
Standards and/or for any other reason, the same shall be done only after written
approval of Secretary of the Department concerned or any other Authority having been
designated such power by the Secretary of the Department concerned .

f. "All administrative Ministries/Departments whose procurement exceeds Rs. 1000

Crore per annum shall notify/ update their procurement projections every year,
including those of the PSEs/PSUs, for the next 5 years on their respective website ."

10A. Action for non-compliance of the Provisions of the Order: In case restrictive or
discriminatory conditions against domestic suppliers are included in bid documents , an
inquiry shall be conducted by the Administrative Department undertaking the
procurement (including procurement by any entity under its administrative control) to fix
responsibility for the same. Thereafter, appropriate action, administrative or otherwise,
shall be taken against erring officials of procurement entities under relevant provisions.
Intimation on all such actions shall be sent to the Standing Committee.

11. Assessment of supply base by Nodal Ministries: The Nodal Ministry shall keep
in view the domestic manufacturing I supply base and assess the available capacity and
the extent of local competition while identifying items and prescribing the higher
minimum local content or the manner of its calculation, with a view to avoiding
cost increase from the operat ion of this Order.

12. Increase in minimum local content: The Nodal Ministry may annually review the
local content requirements with a view to increasing them, subject to availability of
sufficient local competition with adequate quality .
 13. Manufacture under license/ technology collaboration agreements with phased
indigenization : While notifying the minimum local content, Nodal Ministries 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 I
transfer of technology agreement for indigenous manufacture of a product developed abroad
with clear phasing of increase in local content.

13A. In procurement of all goods, services or works in respect of which there is substantial
quantity of public procurement and for which the nodal ministry has not notified that
there is sufficient local capacity and local competition, the concerned nodal ministry shall
notify an upper threshold value of procurement beyond which foreign companies shall enter
into a joint venture with an Indian company to participate in the tender . Procuring
entities, while procuring such items beyond the notified threshold value, shall prescribe in
their respective tenders that foreign companies may enter into a joint venture with an
Indian company to participate in the tender . The procuring Ministries/Departments shall
also make special provisions for exempting such joint ventures from meeting the stipulated
minimum local content requirement , which shall be increased in a phased manner.

14. Powers to grant exempt ion and to reduce minimum local content: The
administrative Department undertaking the procurement (including procurement by any
entity under its administrative control), with the approval of their Minister-in-charge, may
by written order, for reasons to be recorded in writing,
a. reduce the minimum local content below the prescribed level; or
b. reduce the margin of purchase preference below 20%; or
c. exempt any particular item or supplying entities from the operation
of this Order or any part of the Order.
A copy of every such order shall be provided to the Standing Committee and concerned
Nodal Ministry I Department. The Nodal Ministry I Department concerned will continue to
have the power to vary its notification on Minimum Local Content.

15. Directions to Government companies : In respect of Government companies and

other procuring entities not governed by the General Financial Rules, the administrative
Ministry or Department shall issue policy directions requiring compliance with this Order.
16. Standing Committee : A standing committee is hereby constituted with the
following membership.

Secretary , Department for Promotion of Industry and Internal Trade-Chairman Secretary ,

Commerce-Member

Secretary , Ministry of Electronics and Information Technology- Member Joint

Secretary (Public Procurement) , Department of Expenditure-Member Joint
Secretary (DPllT)-Member-Convenor
The Secretary of the Department concerned with a particular item shall be a member in respect of
issues relating to such item. The Chairman of the Committee may co-opt technical experts as
relevant to any issue or class of issues under its consideration .

17. Functions of the Standing Comm ittee: The Standing Committee shall meet as often
as necessary , but not less than once in six months. The Committee
a. shall oversee the implementation of this order and issues arising therefrom ,
and make recommendations to Nodal Ministries and procuring entities.
b. shall annually assess and periodically monitor compliance with this Order
c. shall identify Nodal Ministries and the allocation of items among them for issue
of notifications on minimum local content
d. may require furnishing of details or returns regarding compliance with this Order
and related matters
e. may, during the annual review or otherwise , assess issues , if any, where it is felt
that the manner of implementation of the order results in any restrictive practices ,
cartelization or increase in public expenditure and suggest remedial measures
f. may examine cases covered by paragraph 13 above relating to manufacture under
license/ technology transfer agreements with a view to satisfying itself that adequate
mechanisms exist for enforcement of such agreements and for attaining the underlying
objective of progressive indigenization
g. may consider any other issue relating to this Order which may arise.

18. Removal of difficult ies: Ministries /Departments and the Boards of Directors of
Government companies may issue such clarifications and instructions as may be necessary
for the removal of any difficulties arising in the implementation of this Order.

19. Ministries having existing policies: Where any Ministry or Department has its own
policy for preference to local content approved by the Cabinet after 1st January 2015, such
policies will prevail over the provisions of this Order. All other existing orders on preference
to local content shall be reviewed by the Nodal Ministries and revised as needed to
conform to this Order , within two months of the issue of this Order.

20. Transitional provision: This Order shall not apply to any tender or procurement
for which notice inviting tender or other form of procurement solicitation has been issued
before the issue of this Order.

sh Gupta)
Tel: 23063211

rajesh.gupta66@gov .in
 Annexure 1

(The following declarations should be typed on the letter head of the tenderer and
should be duly signed by an authorized signatory clearly stating the name and
designation of the signatory)

DECLARATION NON BLACKLISTED / NON BANNED/NON

HOLIDAY LISTED PARTY

WE CONFIRM THAT WE HAVE NOT BEEN BANNED OR BLACK LISTED OR

DELISTED OR HOLIDAY LISTED BY ANY GOVERNMENT OR QUASI
GOVERNMENT AGENCIES OR PUBLIC SECTOR UNDERTAKINGS.

Date:_______________________ Name of Tenderer:

__________________________

Place:______________________ Signature & Seal

Of Tenderer :-
____________________________

Note: If a bidder has been banned by any Government or Quasi Government

Agencies or Public Sector Undertakings, this fact must be clearly stated with
details. If this declaration is not given along with the UNPRICED Bid, the tender
will be rejected as non-responsive.
 Annexure 2

(The following declarations should be typed on the letter head of the tenderer
and should be duly signed by an authorized signatory clearly stating the name
and designation of the signatory)

DECLARATION ON GST
Payment of GST and filing of GST Returns to enable Hindustan Petroleum
Corporation Limited to avail Input Tax Credit (ITC) correctly

With reference to Payment of GST & filing GST Returns for availing Input Tax Credit (ITC) by
HPCL as per GST provisions for the Invoices raised by us, we hereby declare as follows:
(1) We have disclosed all the facts relating to our Firm / Company to M/s Hindustan Petroleum
Corporation Limited.

(2) We hereby declare that we have agreed to pay GST to the respective GST Authorities. In
this connection, we hereby agree to furnish to you proof of payment of GST.

(3) We hereby declare that we will file GST Returns as per GST provisions. In this connection,
we hereby agree and undertake to furnish you proof of electronically filed GST Returns.
(4) We hereby agree as under:-
i. We will be fully responsible for complying with the GST provisions to enable HPCL
to take Input Tax Credit. In case, HPCL is not able to take Input Tax Credit due to any
non compliance/default/negligence of the seller of goods/service provider, the same
shall be recovered from the pending bills/dues (including security deposit, BG etc.)

ii. In case of rejection of ITC by the concerned Tax Authority, for non filing of GST or
non-payment of GST amount by us or for any other reasons attributable to us, we
hereby agree to indemnify Hindustan Petroleum Corporation Limited in full against all
the loss including consequences, liabilities of any kind whatsoever, directly arising from
denial of ITC including interest and penalty.
We hereby agree and confirm that –

any breach of the above declaration shall be construed as breach of the terms and conditions
w.r.t. GST and Hindustan Petroleum Corporation Limited shall be at liberty to take necessary
action like Holiday listing (banning of Business dealings) and/or recovering of amounts
mentioned in para 4 (ii) above, from:
a) any of our Bank Guarantee executed in your favour, if any,
b) Retention / Security Deposit paid for any of your work, if any or
c) Other unpaid invoices, if any raised by us on Hindustan Petroleum Corporation
Limited

Name of Bidder _________________________________

Signature & Seal of Bidder _________________________

 Annexure 3

The Tenderer is required to state whether he/ she is a relative of any Director of
the HPC or the tenderer is a firm in which Director of HPC or his relative is a
partner or is any other partner of such a firm or alternatively the Tenderer is a
private company in which Director of HPC is member or Director, (the list of
relative(s) for this purpose is given below)

N.B: Strike off whichever is not applicable. If the tenderer employs any person
subsequent to signing the above declaration and the employee so appointed happens
to be relative of the Officer of the HPC/ Central/ State Government, the tenderer should
submit another declaration furnishing the names of such employees who is/are related
to the Officer/s of the HPC/ Central/State Government.

Date: ______________ Name: ________________________

Place: ______________ Designation: ___________________

LIST OF RELATIVES
A person shall be deemed to be a relative of another, if any and only if,
i) He / She / They are members of Hindu Undivided family or
ii) He / She / They are Husband & Wife or
iii) The one is related to the other in the manner indicated below.

1. Father 12. Son’s Daughter

2. Mother (including Step Mother) 13. Son’s Daughter’s Husband
3. Son (including Step Son) 14. Daughter’s Husband
4. Son’s Wife 15. Daughter’s Son
5. Daughter (including Step Daughter) 16. Daughter’s Son’s Wife
6. Father’s Father 17. Daughter’s Daughter
7. Father’s Mother 18. Daughter’s Daughter’s Husband
8. Mother’s Mother 19. Brother (including Step Brother)
9. Mother’s Father 20. Brother’s Wife
10. Son’s Son 21. Sister (including Step Sister)
11. Son’s Son’s Wife 22. Sister’s Husband
 Annexure 4
Particulars of Bank/ E Mandate
 Annexure 5

ON LETTER HEAD

Undertaking by the bidder

I/we hereby undertake that the entire information furnished/given to you in our bid and
attachments are true to the best of our knowledge and belief and nothing therein is
false.

I/We further undertake, that if it is found during the tender stage (before accepting our
bid/placement of Purchase Order by HPCL) that any information or document
furnished/submitted by us is false or incorrect, then we agree that HPCL shall be free
to reject our tender/ bid. If the same is found to be false or incorrect during any stage
after accepting of our bid/ placement of Purchase Order, then HPCL shall have the
right to summarily cancel our tender and procure the balance quantity from any
alternate source. HPCL shall have the right to recover the differential amount between
the rates of our contract and the rates at which HPCL is compelled to procure from the
alternate source, if the latter rate is higher. To this effect, the recovery can be made
by HPCL by encashing any bank guarantee that we may have submitted or from any
pending bills under this contract or any other contract with HPCL. Further HPCL shall
be at liberty to take any appropriate action as deemed fit in such an eventuality.

I/we further undertake as and when called upon by Hindustan Petroleum Corporation

Limited, to produce, for its inspection, original(s) of the document(s) of which copies
have been annexed hereto

Date: ______________ Name of Bidder

_________________________

Place: _____________ Signature & Seal of Bidder

________________
 (To be submitted on Letter head / Emblem)
BID SECURITY DECLARATION (IN LEIU OF EARNEST MONEY DEPOSIT)

Ref: Tender No Date

Sub Tender title

I, Shri of M/s. , having its registered office at

In my capacity as (Role of the Bidder —
Proprietor/Partner/Director etc.) and being authorized for the purpose, declares on behalf
of the Bidder as under:
1) That M/s. are participating in the subject tender and have
submitted our bid in response to the same.

2) That we understand that in compliance with the Ministry of Finance Office

Memorandum bearing Reference F.9/4/2020-PPD dated 12.11.2020 and Office
Memorandum bearing reference DPE/7/(4)/2017-Fin(Pan-I) dated 19.11.2020
issued by Department of Public Enterprises, the Owner has decided not to ask for
furnishing of Earnest Money Deposit (EMD) in the form of Bid Security till the
operation of the said Office Memorandum.

3) That in lieu of not furnishing the EMD, we hereby declare that

a) We will display our commitment to abide by our bid during the tender evaluation
process and will not withdraw or modify it or impair or derogate from it in any
respect during its validity period i.e.90 Number of days from the date of opening
of the Unpriced Bid as sought in the Notice inviting Tender.

b) We will comply with all formalities of signing of the

contract/agreement/purchase order and submit performance security within
time stipulated in the tender document.

c) On our failure to ensure (a) and (b) above, HPCL being the Owner shall be
entitled to put us under suspension for its future tenders or ban/backlist us for a
specified period as per its policy. The discretion and decision of HPCL in this
regard will be final.

Page 1 of 2
 d) We will comply with all other formalities which HPCL will communicate to us
during the bid validity period.

4) The executant and signatory of this Declaration is authorized by the bidder and the
bidder undertakes to comply and abide by the above declaration.

Date Signature

Place Stamp / seal

Page 2 of 2
 Bidder & Organization Details
Name of Bidder Bidder Response
Vendor Code

Status (Prop/HUF/Partnership/Ltd Co)

NAME OF Proprietor/Partners/Directors)

Type of Office Address with Pin Code &

Organisation Telephone Number
& Entity
Details
Factory Address with Pin Code &
Telephone Number

E Mail ID and address

Name of Contact Person & Contact

Number (Landline/Mobile)

PAN NUMBER (copy to be uploaded)

Whether If NSIC - Certificate No. & validity

registered
under
If MSE - Certificate No. & validity
NSIC/MSME
(certificates to
be uploaded) Whether SC/ST under MSME (Certificate
attached Yes/No)

GSTIN number/numbers

Whether Composition dealer under GST

Act or not. If NO , provide following
details: i,ii.

GST Details i. Month for which latest GSTR 1 has

been filed. Attach acknowledgement
thereof.

ii. Month for which latest GSTR 3B has

been filed. Attach acknowledgement
thereof
 SECTION IV - ANNEXURES ANNEXURE 7b: GENERAL TERMS &
CONDITIONS FOR SUPPLY

g. Foreign exchange variation, if any, downward or upward, will be paid only if imports are
made within the agreed completion period.
h. For the purpose of Foreign Exchange variation reimbursement, State Bank of India
(SBI) selling rate applicable on the bill of entry date or SBI selling rate on Bank
remittance date or actual remittance rate, whichever is lower shall be considered. The
following clause also to be considered.
i. The BOE date may fall within Contractual Completion Date or beyond, it has already
been stipulated as above conditions that no reimbursement for FE / CD variation will be
paid if the actual import is beyond Contractual completion date. In such a case, the
variation reimbursement will be restricted to the difference between the rate quoted in
the tender and the lower of the following:
i. The actual remittance rate.

ii. SBI Bill selling rate on the date of CDD.

26. TERMS OF PAYMENT

a. The following payment terms shall be applicable:
i. 75% of the bill amount duly recommended by user on receipt of materials / docs. at
HPCL shall be paid within 7 days of receipt of bill.

ii. Balance 25% to be paid after verification/ certification within 15 days of receipt of
bill. However, the final bill payment will not exceed 30 days.

b. HPCL has taken the initiative to expedite the payment to vendors through e-payment.
Hence confirm that you have filled the HPCL bank mandate for e-payment.

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

against submission of following documents along with your Bill/Invoice:-
i. Delivery Challan / Lorry Receipt.
ii. Manufacturer’s Test Certificate
iii. Inspection/Clearance report
iv. Manufacturer’s Guarantee Certificate
v. Performance Bank Guarantee for 10% Basic Order Value
vi. Any other document specified in the Purchase Order.

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

e. HPCL will furnish their approved format for bank guarantee/ indemnity bond for all the
advance payments directly to vendor along with FOA/ PO, wherever applicable.

f. In case of delayed supplies, bills will be paid after recovering the amount as per price
reduction clause of the P.O.
® g. All bank guarantees shall be non revocable and from a bank in India from the list of
banks whose bank guarantees are acceptable to the Corporation (list enclosed)
and as per HPCL’s proforma.
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30. PATENTS AND ROYALTIES

On acceptance of this order, the Vendor will be deemed to have entirely indemnified
the Corporation from any legal action or claims regarding compensation for
breach of any patent rights.

31. PERFORMANCE GUARANTEE

a. The supplies made against this order shall be fully guaranteed against
any manufacturing defects/poor workmanship/inferior quality etc. for a period of 12
months from the date of commissioning or 18 months from the date of supply
whichever is earlier. During this period, you will arrange to repair/replace any
defective parts free of cost or replace complete set if required. Guarantee
Certificate should be submitted along with despatch documents. You will furnish
® performance Bank Guarantee in favour of HPCL issued by a bank from the list of
banks whose bank guarantees are acceptable to the Corporation (list
enclosed) for 10% value of the material supplied and valid during the above
guarantee period.
b. Composite PBG valid upto a period of 3 months beyond the expiry of defect
liability period. Demand Draft should be drawn on Scheduled Banks (other than
cooperative banks).
Quantum of Performance Bank Guarantee inclusive of Security Deposit should be
as follows:
- All items (other than CVR items) : 10% of PO
value
- For CVR items: r 10.0 lakhs or 5% of the order value whichever is lower.
Composite PBG of above value towards Performance Bank Guarantee
inclusive of Security Deposit shall be accepted (in lieu of deduction of retention
money of 10% from each bill); Such composite PBG shall be valid upto a period
of 3 months beyond the expiry of defect liability period. Demand Draft should
be drawn on Scheduled Banks (other than cooperative banks).

32. NON WAIVER

Failure of the Corporation to insist upon any of the terms or conditions incorporated in the
Purchase Order or failure or delay to exercise any right or remedies or by law or failure to
properly notify Vendor in the event of breach, or the acceptance of, or payment of any
goods hereunder or approval of design shall not release the Vendor and shall not be
deemed a waiver of any right of the Corporation to insist upon the strict performance
thereof or of any of his or their rights or remedies as to any such goods regardless of when
goods are shipped, received or accepted nor shall any purported oral modification or
revision of the order by the Corporation act as waiver of the terms hereof.

33. NON ASSIGNMENT

The Purchase Order shall not be assigned to any other agency by the Vendor without
obtaining prior written consent of Corporation.

34. PART ORDER/ SPLIT ORDER / REPEAT ORDER

Vendor hereby agrees to accept part orders, split order at Corporation’s option without any
limitation whatsoever and also accept repeat order up to 100% of each item during a period
of 12 months after placement of purchase order at the same unit prices, terms and
conditions.

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39. CORPORATION’S MATERIAL

a. Corporation’s material shall be delivered to the Vendor against submission of Bank
Guarantee for indemnifying the full value there of strictly in the manner and as per
proforma of bank Guarantee approved by the Corporation.
b. Wherever possible the material shall be consigned to Vendor’s siding. In the event the
Vendor does not have any siding, materials shall be consigned to the Public siding /
goods depot to be specifically confirmed by Vendor Loading / Unloading and any
handling from the siding / destination shall be arranged by the Vendor at his
responsibility and cost.
c. The Vendor shall give a firm and binding list of Corporation issue materials and the
desired schedule of its delivery to Shop floor strictly in accordance with the sequence of
fabrication vis-à-vis the contract delivery period.
d. Unused material or scrap from material supplied by the Corporation to the Vendor shall
be returned by the Vendor to the Corporation or if the Corporation so directs, the
Vendor may dispose of the same by sale or otherwise on such terms and conditions as
the Corporation may stipulate and the Vendor shall pay to the Corporation the sale
proceeds of the material so disposed by sale deducting there from expenses incurred
by the Vendor on such sale, the quantum of such deduction to be mutually agreed upon
in advance between the Corporation and the Vendor.

40. GUARANTEE FOR SPARE PARTS:

a. The seller shall undertake that before going out of production of the spare parts he will
give adequate advance notice to the Procurement so that the latter may order his
requirements of spares in one lot if so desires .
b. The seller shall further guarantee that if he goes out of production of spare parts , then
he will make available blue prints , drawings of spare parts and specification of
materials at no extra cost to the Procurement , if and when required in connection with
the equipment to enable the procurer to fabricate or procure spare parts from other
source.
d. The provision of this clause shall remain effective and binding upon the seller even
after the completion or expiry of the order and till the plant / machinery / equipment /
instrument supplied under the order is in use by the procurer.

® 41. DISPUTE RESOLUTION

(A) Discussions and Resolution

(i) The parties shall attempt to resolve all dispute and difference arising
out of or relating to this contract through negotiations in good faith.
If any dispute or difference remains unresolved, then all such
unresolved disputes or differences shall be referred to the Executive
Director/SBU Head of HPCL of the concerned department and the
Director/ Owner / authorized Senior Official of the contractor/supplier
for an amicable solution.

(ii) If any dispute or difference remains unsettled within sixty (60) days
from the date on which either Party has served a written notice on
the other Party making claims and for discussions, then the
provisions of Part B (i.e. Conciliation) of this Clause shall apply.

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® (B) CONCILIATION

(i) All disputes and differences covered under the Conciliation Rules,
2019 arising out of or relating to this contract including its
performance or interpretation, shall be fully and finally settled
through Conciliation as per the Conciliation Rules, 2019 of HPCL, as
amended from time to time.

(ii) The Conciliation Rules, 2019 of HPCL and any modification thereof
shall be binding upon the Parties

(iii) The language of the conciliation shall be English;

(iv) The governing law of this contract shall be of India.

(v) In case the Conciliation fails, or if there are any disputes or

differences which are not covered under Conciliation Rules, 2019,
then the parties shall be free to take appropriate legal remedies for
adjudication of their disputes.

(vi) The Courts having jurisdiction over the place where the contract was
performed, except for enforcement of decree/judgment, shall be the
court having jurisdiction to adjudicate the disputes between the
parties.

42. JURISDICTION

The Vendor hereby agrees that the Courts situated in location given in tender header” shall
have the jurisdiction to hear and determine all actions and proceedings arising out of this
contract.

CLAUSE

a. Vendor needs to clarify whether you are registered with NSIC. If registered, vendor needs
to submit the following documents along with their offer.

b. Photocopy of the NSIC Registration Certificate, which clearly shows the following
details/ information:
i. Name of the Bidder
ii. Address of the Bidder
iii. Validity of the Registration
iv. Items for which the Bidder is registered
v. Monetary Limit
and acknowledged copy of Entrepreneurs Memorandum Part II
c. Also vendor has to clarify whether you have secured Orders for same items, during the
preceding 12 months, in competition with Large Scale Units, WITHOUT any Price
Preference.

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d. In case vendor have secured Orders for same items, during the preceding 12
months, in competition with Large Scale Units, W ITHOUT any Price
Preference, then vendor has to furnish a Declaration on their Letter Head
accordingly.

e. Please note that in the absence of the above information, offer will be evaluated
without considering Price Preference.

1.0 Preference to MSEs (Refer Gazette notification of the Government of India , the
Ministry of Micro, Small and Medium Enterprises number S.O.2119 (E ), dated 26th
June, 2020 on criteria for lassifying the enterprises as micro, small and medium
enterprises & Udyam registration for revised guideline.)

a. In case the bidder is a Micro or Small Enterprises registered with District

Industries Centers or Khadi and Village Industries Commission or Khadi and
Village Industries Board or Coir Board or National Small Industries Corporation
or Directorate of Handicrafts and Handloom or any other body specified by
Ministry of Micro and Small

Enterprises, the bidder shall be entitled for following:

i. Issue of Tender Documents to MSEs free of cost.

ii. Exemption to MSEs from payment of EMD.

iii. Micro and Small Enterprises quoting price within price brand of L1+15%
shall also be allowed to supply a portion of requirement by bringing down
their prices to L1 price in a situation where LI price is from someone other
than a micro and small enterprises and such micro and small enterprises
shall be allowed to supply upto 25% of the total tendered value. In case of
more than one such Micro and Small Enterprises, the supply of 25%
portion shall be shared amongst them. Further, out of above 25%, of 4%
will be earmarked for procurement from MSEs owned by SC/ST
entrepreneurs and 3% will be earmarked for procurement from MSEs
owned by women.

This quota is to be transferred to other MSEs in case of non-availability of

MSEs owned by SC/ST entrepreneurs or women entrepreneurs.

b. The quoted prices against various items shall remain valid in case of
splitting of quantities of the items as above.

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c. MSE bidder shall submit the following:

i. Documentary evidence that the bidder is a Micro or Small Enterprises registered
with District Industries Centers or Khadi and Village Industries Commission or Khadi
and Village Industries Board or Coir Board or National Small Industries Corporation
or Directorate of Handicrafts and Handloom or any other body specified by Ministry
of Micro, Small and Medium Enterprises.
® ii. If the MSE is owned by SC/ST Entrepreneurs or MSEs owned by women
entrepreneurs, the bidder shall furnish appropriate documentary evidence in this
regard.
iii. The above documents submitted by the bidder shall be duly certified by the
Statutory Auditor of the bidder or a practicing Chartered Accountant (not being an
employee or a Director or not having any interest in the bidder's company/firm)
where audited accounts are not mandatory as per law.
® d. If the bidder does not provide the appropriate document or any evidence to substantiate
the above, then it will be presumed that they do not qualify for any preference admissible
in the Public Procurement Policy for Micro and Small Enterprises (MSEs) order 2012
along with amendments notified vide Government of India Gazette from time to
time.

43. VALIDITY OF OFFER:

Offer shall be valid for 3 months from the due date / extended due date of the tender
enquiry.

44. INTEGRITY PACT:

All tenders shall comply with the requirements of the Integrity Pact (IP) if the value of such
tenders is 1 crore & above. Failure to sign the Integrity Pact shall lead to outright
rejection of bid.

45. ORDER OF PRECEDENCE

In case of any discrepancy between the conditions stated in the GPC (which is an integral
part of the Order) and those specifically mentioned in the Purchase Order, the later shall
prevail over the former.

46. GENERAL:
a. Deviations to Terms and Conditions shall lead to loading of prices or make your offer
liable for rejection.
b. All resident/non-resident parties to obtain and furnish their PAN in order to avoid tax
withholding at a higher rate. Even though the non-residents may not have permanent
establishment (PE), branch, local office in India, they can apply with their foreign
address. For your information, the web address for applying for PAN in Form No. 49A
to NSDL or UTISL online as given in the following sites:
(AO details for International Taxation are also available online).
i. http://tin.tin.nsdl.com/pan/index.html/
ii. http://incometaxindia.gov.in/
iii. https://incometaxindiaefiling.gov.in/portal/index.jsp
iv. http://www.utitsl.co.in/
c. GRIEVANCE REDRESSAL: There is a grievance redressal mechanism in HPCL for
vendors participating in the tender, the details of which are available on HPCL’s website
www.hindustanpetroleum.com.
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d. PBG Format is attached with this GPC.

® e. The guidelines for Holiday Listing as adopted and available on HPCL

website shall be applicable to all tenders floated and all Purchase Orders/
Contracts placed by HPCL.

® REVISION : PROC-019/02.11.2016

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