Bid Number/बोली मांक ( बड सं या) :

GEM/2024/B/5221806
Dated/ दनांक : 29-07-2024

Bid Document/ बड द तावेज़

Bid Details/ बड ववरण

Bid End Date/Time/ बड बंद होने क तार ख/समय 19-08-2024 18:00:00

Bid Opening Date/Time/ बड खुलने क

19-08-2024 18:30:00
तार ख/समय

Bid Offer Validity (From End Date)/ बड पेशकश

75 (Days)
वैधता (बंद होने क तार ख से)

Ministry/State Name/मं ालय/रा य का नाम Ministry Of Heavy Industries And Public Enterprises

Department Name/ वभाग का नाम Department Of Heavy Industry

Organisation Name/संगठन का नाम Bharat Heavy Electricals Limited (bhel)

Office Name/कायालय का नाम 10140027-hpbp Trichy

Total Quantity/कुल मा ा 3

CDF 117 Furnace Modification Design, Supply, Installation &

Commissioning of Combustion System with , CDF 107
Furnace Modification Design, Supply, Installation &
Item Category/मद केटे गर
Commissioning of Combustion System with , 10 T Furnace
Modification Design, Supply, Installation & Commissioning of
Combustion System with Acc

Years of Past Experience Required for

same/similar service/उ ह ं/समान सेवाओं के िलए 3 Year (s)
अपे त वगत अनुभव के वष

MSE Exemption for Years of Experience and

No
Turnover/ अनुभव के वष से एमएसई छूट

Startup Exemption for Years of Experience

No
and Turnover/ अनुभव के वष से टाटअप छूट

Experience Criteria,Past Performance,Certificate (Requested

in ATC),Additional Doc 1 (Requested in ATC),Additional Doc
Document required from seller/ व े ता से मांगे 2 (Requested in ATC)
*In case any bidder is seeking exemption from Experience /
गए द तावेज़ Turnover Criteria, the supporting documents to prove his
eligibility for exemption must be uploaded for evaluation by
the buyer

Past Performance/ वगत दशन 80 %

Bid to RA enabled/ बड से रवस नीलामी स य कया Yes

RA Qualification Rule 50% Lowest Priced Technically Qualified Bidders

Type of Bid/ बड का कार Two Packet Bid

1 / 15
 Bid Details/ बड ववरण

CDF 117 Furnace Modification Design, Supply, Installation &

Primary product category
Commissioning of Combustion System with

Time allowed for Technical Clarifications

during technical evaluation/तकनीक मू यांकन के 2 Days
दौरान तकनीक प ीकरण हे तु अनुमत समय

Inspection Required (By Empanelled

Inspection Authority / Agencies pre- No
registered with GeM)

Evaluation Method/मू यांकन प ित Total value wise evaluation

EMD Detail/ईएमड ववरण

Advisory Bank/एडवाईजर बक State Bank of India

EMD Amount/ईएमड रािश 600000

ePBG Detail/ईपीबीजी ववरण

Advisory Bank/एडवाइजर बक State Bank of India

ePBG Percentage(%)/ईपीबीजी ितशत (%) 5.00

Duration of ePBG required (Months)/ईपीबीजी क

18
अपे त अविध (मह ने).

(a). EMD EXEMPTION: The bidder seeking EMD exemption, must submit the valid supporting document for the
relevant category as per GeM GTC with the bid. Under MSE category, only manufacturers for goods and Service
Providers for Services are eligible for exemption from EMD. Traders are excluded from the purview of this
Policy./जेम क शत के अनुसार ईएमड छूट के इ छुक बडर को संबंिधत केटे गर के िलए बड के साथ वैध समिथत द तावेज़ तुत करने है ।
एमएसई केटे गर के अंतगत केवल व तुओं के िलए विनमाता तथा सेवाओं के िलए सेवा दाता ईएमड से छूट के पा ह। यापा रय को इस नीित के
दायरे से बाहर रखा गया है ।

(b). EMD & Performance security should be in favour of Beneficiary, wherever it is applicable./ईएमड और संपादन
जमानत रािश, जहां यह लागू होती है , लाभाथ के प म होनी चा हए।

Beneficiary/लाभाथ :
Engineer
10140027-HPBP Trichy, Department of Heavy Industry, Bharat Heavy Electricals Limited (BHEL), Ministry of
Heavy Industries and Public Enterprises
(Fousiya E K)

Splitting/ वभाजन

Bid splitting not applied/बोली वभाजन लागू नह ं कया गया.

MII Purchase Preference/एमआईआई खर द वर यता

2 / 15
 MII Purchase Preference/एमआईआई खर द वर यता Yes

MSE Purchase Preference/एमएसई खर द वर यता

MSE Purchase Preference/एमएसई खर द वर यता Yes

1. Experience Criteria: In respect of the filter applied for experience criteria, the Bidder or its OEM {themselves or
through reseller(s)} should have regularly, manufactured and supplied same or similar Category Products to any
Central / State Govt Organization / PSU for number of Financial years as indicated above in the bid document
before the bid opening date. Copies of relevant contracts to be submitted along with bid in support of having
supplied some quantity during each of the Financial year. In case of bunch bids, the category of primary product
having highest value should meet this criterion.
2. Preference to Make In India products (For bids < 200 Crore):Preference shall be given to Class 1 local supplier
as defined in public procurement (Preference to Make in India), Order 2017 as amended from time to time and its
subsequent Orders/Notifications issued by concerned Nodal Ministry for specific Goods/Products. The minimum
local content to qualify as a Class 1 local supplier is denoted in the bid document. If the bidder wants to avail the
Purchase preference, the bidder must upload a certificate from the OEM regarding the percentage of the local
content and the details of locations at which the local value addition is made along with their bid, failing which
no purchase preference shall be granted. In case the bid value is more than Rs 10 Crore, the declaration relating
to percentage of local content shall be certified by the statutory auditor or cost auditor, if the OEM is a company
and by a practicing cost accountant or a chartered accountant for OEMs other than companies as per the Public
Procurement (preference to Make-in -India) order 2017 dated 04.06.2020. Only Class-I and Class-II Local suppliers
as per MII order dated 4.6.2020 will be eligible to bid. Non - Local suppliers as per MII order dated 04.06.2020 are
not eligible to participate. However, eligible micro and small enterprises will be allowed to participate .The
buyers are advised to refer the OM No.F.1/4/2021-PPD dated 18.05.2023.
OM_No.1_4_2021_PPD_dated_18.05.2023 for compliance of Concurrent application of Public Procurement Policy
for Micro and Small Enterprises Order, 2012 and Public Procurement (Preference to Make in India) Order, 2017.

3. Purchase preference will be given to MSEs having valid Udyam Registration and whose credentials are
validated online through Udyam Registration portal as defined in Public Procurement Policy for Micro and Small
Enterprises (MSEs) Order, 2012 dated 23.03.2012 issued by Ministry of Micro, Small and Medium Enterprises and
its subsequent Orders/Notifications issued by concerned Ministry. If the bidder wants to avail themselves of the
Purchase preference, the bidder must be the manufacturer / OEM of the offered product on GeM. Traders are
excluded from the purview of Public Procurement Policy for Micro and Small Enterprises and hence resellers
offering products manufactured by some other OEM are not eligible for any purchase preference. In respect of bid
for Services, the bidder must be the Service provider of the offered Service. Relevant documentary evidence in
this regard shall be uploaded along with the bid in respect of the offered product or service and Buyer will decide
eligibility for purchase preference based on documentary evidence submitted, while evaluating the bid. If L-1 is
not an MSE and MSE Seller (s) has / have quoted price within L-1+ 15% (Selected by Buyer) of margin of
purchase preference /price band defined in relevant policy, such MSE Seller shall be given opportunity to match
L-1 price and contract will be awarded for 100% (selected by Buyer) percentage of total quantity. The buyers are
advised to refer the OM No. F.1/4/2021-PPD dated 18.05.2023 OM_No.1_4_2021_PPD_dated_18.05.2023 for
compliance of Concurrent application of Public Procurement Policy for Micro and Small Enterprises Order, 2012
and Public Procurement (Preference to Make in India) Order, 2017. Benefits of MSE will be allowed only if seller is
validated on-line in GeM profile as well as validated and approved by Buyer after evaluation of documents
submitted.
4. Past Performance: The Bidder or its OEM {themselves or through re-seller(s)} should have supplied same or
similar Category Products for 80% of bid quantity, in at least one of the last three Financial years before the bid
opening date to any Central / State Govt Organization / PSU. Copies of relevant contracts (proving supply of
cumulative order quantity in any one financial year) to be submitted along with bid in support of quantity
supplied in the relevant Financial year. In case of bunch bids, the category related to primary product having
highest bid value should meet this criterion.

5. Reverse Auction would be conducted amongst first 50% of the technically qualified bidders arranged in the
order of prices from lowest to highest. Number of sellers eligible for participating in RA would be rounded off to
next higher integer value if number of technically qualified bidders is odd (e.g. if 7 bids are technically qualified,
then RA will be conducted amongst L-1 to L-4). In case number of technically qualified bidders are 2 or 3, RA will
be between all without any elimination. If Buyer has chosen to split the bid amongst N sellers, then minimum N
sellers would be taken to RA round. In case Primary products of only one OEM are left in contention for

3 / 15
participation in RA based on lowest 50% bidders qualifying for RA, the number of sellers qualifying for RA would
be increased to get at least products of one more OEM (directly participated or through its reseller) if available.
Further, if bid(s) of any seller(s) eligible for MSE preference is / are coming within price band of 15% of Non MSE
L-1 or if bid of any seller(s) eligible for Make in India preference is / are coming within price band of 20% of non
MII L-1, then such MSE / Make in India seller shall also be allowed to participate in the RA process.

CDF 117 Furnace Modification Design, Supply, Installation & Commissioning Of

Combustion System With ( 1 pieces )
(Minimum 50% and 20% Local Content required for qualifying as Class 1 and Class 2 Local Supplier
respectively/ मशः ण
े ी 1 और ण
े ी 2 के थानीय आपूितकता के प म अहता ा करने के िलए आव यक)

Technical Specifications/तकनीक विश याँ

Buyer Specification
Download
Document/ े ता विश द तावेज़

Installation Commissioning and Testing (ICT) details for the above item:

% of Product Cost Payable on Product Delivery 80%

Min Cost Allocation for ICT as a % of product cost 20%

Number of days allowed for ICT after site readiness

30 Days/ दन
communication to seller

Consignees/Reporting Officer/परे षती/ रपो टग अिधकार and/ तथा Quantity/मा ा

Consignee
S.No./ . Reporting/Officer/ Delivery Days/ डलीवर के
परे षती/ रपो टग Address/पता Quantity/मा ा
सं. दन
अिधकार

620014,MATERIALS
MANAGEMENT, IV FLOOR,
BUILDING -24, HIGH PRESSURE
1 Fousiya E K 1 120
BOILER PLANT, BHARAT HEAVY
ELECTRICALS LIMITED,
TIRUCHIRAPPALLI 14

CDF 107 Furnace Modification Design, Supply, Installation & Commissioning Of

Combustion System With ( 1 pieces )
(Minimum 50% and 20% Local Content required for qualifying as Class 1 and Class 2 Local Supplier
respectively/ मशः ण
े ी 1 और ण
े ी 2 के थानीय आपूितकता के प म अहता ा करने के िलए आव यक)

Technical Specifications/तकनीक विश याँ

4 / 15
 Buyer Specification
Download
Document/ े ता विश द तावेज़

Installation Commissioning and Testing (ICT) details for the above item:

% of Product Cost Payable on Product Delivery 80%

Min Cost Allocation for ICT as a % of product cost 20%

Number of days allowed for ICT after site readiness

30 Days/ दन
communication to seller

Consignees/Reporting Officer/परे षती/ रपो टग अिधकार and/ तथा Quantity/मा ा

Consignee
S.No./ . Reporting/Officer/ Delivery Days/ डलीवर के
परे षती/ रपो टग Address/पता Quantity/मा ा
सं. दन
अिधकार

620014,MATERIALS
MANAGEMENT, IV FLOOR,
BUILDING -24, HIGH PRESSURE
1 Fousiya E K 1 120
BOILER PLANT, BHARAT HEAVY
ELECTRICALS LIMITED,
TIRUCHIRAPPALLI 14

10 T Furnace Modification Design, Supply, Installation & Commissioning Of

Combustion System With Acc ( 1 pieces )
(Minimum 50% and 20% Local Content required for qualifying as Class 1 and Class 2 Local Supplier
respectively/ मशः ण
े ी 1 और ण
े ी 2 के थानीय आपूितकता के प म अहता ा करने के िलए आव यक)

Technical Specifications/तकनीक विश याँ

Buyer Specification
Download
Document/ े ता विश द तावेज़

Installation Commissioning and Testing (ICT) details for the above item:

% of Product Cost Payable on Product Delivery 80%

Min Cost Allocation for ICT as a % of product cost 20%

5 / 15
 Number of days allowed for ICT after site readiness
30 Days/ दन
communication to seller

Consignees/Reporting Officer/परे षती/ रपो टग अिधकार and/ तथा Quantity/मा ा

Consignee
S.No./ . Reporting/Officer/ Delivery Days/ डलीवर के
परे षती/ रपो टग Address/पता Quantity/मा ा
सं. दन
अिधकार

620014,MATERIALS
MANAGEMENT, IV FLOOR,
BUILDING -24, HIGH PRESSURE
1 Fousiya E K 1 120
BOILER PLANT, BHARAT HEAVY
ELECTRICALS LIMITED,
TIRUCHIRAPPALLI 14

Buyer added Bid Specific Additional Scope of Work

S.No. .सं Applicable/ रवस भार के अनुसार

Document Title Description
. जीएसट i.r.o. Items

PartA PQC CDF 117 Furnace Modification

Bidder shall submit the signed copy of Design, Supply, Installation &
1
View Part A PQC with supporting document Commissioning Of Combustion
System With(1)

CDF 117 PartB

Technical CDF 117 Furnace Modification
Specification Bidder shall submit the signed copy of Design, Supply, Installation &
2
Part B with supporting document Commissioning Of Combustion
View System With(1)

CDF 107 PartB

Technical CDF 107 Furnace Modification
Specification Bidder shall submit the signed copy of Design, Supply, Installation &
3
Part B with supporting document Commissioning Of Combustion
View System With(1)

10 T furnace PartB
Technical 10 T Furnace Modification
Specification Bidder shall submit the signed copy of Design, Supply, Installation &
4
Part B with supporting document Commissioning Of Combustion
View System With Acc(1)

Integrity Pact CDF 117 Furnace Modification

The Integrity Pact shall be submitted
Design, Supply, Installation &
5 after all pages have been signed and
View Commissioning Of Combustion
sealed
System With(1)

Commercial CDF 117 Furnace Modification

Compliance Bidder shall submit the signed copy of
Design, Supply, Installation &
6 commercial compliance with
Commissioning Of Combustion
View supporting document if any
System With(1)

6 / 15
 S.No. .सं Applicable/ रवस भार के अनुसार
Document Title Description
. जीएसट i.r.o. Items

BG Format CDF 117 Furnace Modification

BG shall be submitted in the attached Design, Supply, Installation &
7
View format incase of awarding contract Commissioning Of Combustion
System With(1)

The uploaded document only contains Buyer specific Additional Scope of Work and / or Drawings for the bid items added
with due approval of Buyer’s competent authority. Buyer has certified that these additional scope and drawings are
generalized and would not lead to any restrictive bidding.

Buyer Added Bid Specific Terms and Conditions/ े ता ारा जोड़ गई बड क वशेष शत

1. Generic

OPTION CLAUSE: The Purchaser reserves the right to increase or decrease the quantity to be ordered up
to 25 percent of bid quantity at the time of placement of contract. The purchaser also reserves the right to
increase the ordered quantity by up to 25% of the contracted quantity during the currency of the
contract at the contracted rates. Bidders are bound to accept the orders accordingly.

2. Generic

While generating invoice in GeM portal, the seller must upload scanned copy of GST invoice and the
screenshot of GST portal confirming payment of GST.

3. Purchase Preference (Centre)

Purchase preference to Micro and Small Enterprises (MSEs): Purchase preference will be given to MSEs as
defined in Public Procurement Policy for Micro and Small Enterprises (MSEs) Order, 2012 dated
23.03.2012 issued by Ministry of Micro, Small and Medium Enterprises and its subsequent
Orders/Notifications issued by concerned Ministry. If the bidder wants to avail the Purchase preference,
the bidder must be the manufacturer of the offered product in case of bid for supply of goods. Traders are
excluded from the purview of Public Procurement Policy for Micro and Small Enterprises. In respect of bid
for Services, the bidder must be the Service provider of the offered Service. Relevant documentary
evidence in this regard shall be uploaded along with the bid in respect of the offered product or service. If
L-1 is not an MSE and MSE Seller (s) has/have quoted price within L-1+ 15% of margin of purchase
preference /price band defined in relevant policy, such Seller shall be given opportunity to match L-1
price and contract will be awarded for percentage of 100% of total value.

4. Purchase Preference (Centre)

Purchase Preference linked with Local Content (PP-LC) Policy:

The bid clause regarding “Preference to Make In India products” stands modified in this bid and shall be
governed by the PPLC Policy No. FP-20013/2/2017-FP-PNG dated 17.11.2020 issued by MoP&NG as
amended up to date. Accordingly, bidders with Local Content less than or equal to 20% will be treated as
“Non Local Supplier”. The prescribed LC shall be applicable on the date of Bid opening. Sanctions on the
bidders for false / wrong declaration or not fulfilling the Local Content requirement shall be as per the PPLC
policy. Further following additional provisions are added in the certification and verification of local content
provision of the Preference to Make in India clause:

i. In case of foreign bidder, certificate from the statutory auditor or cost auditor of their own office or
subsidiary in India giving the percentage of local content is also acceptable. In case office or
subsidiary in India does not exist or Indian office/subsidiary is not required to appoint statutory
auditor or cost auditor, certificate from practicing cost accountant or practicing chartered
accountant giving the percentage of local content is also acceptable.
ii. Along with Each Invoice: The local content certificate (issued by statutory auditor on behalf of
procuring company) shall be submitted along with each invoice raised. However, the % of local
content may vary with each invoice while maintaining the overall % of local content for the total
work/purchase of the pro-rata local content requirement. In case, it is not satisfied cumulatively in

7 / 15
 the invoices raised up to that stage, the supplier shall indicate how the local content requirement
would be met in the subsequent stages.
iii. The bidder shall submit an undertaking from the authorized signatory of bidder having the Power of
Attorney along with the bid stating the bidder meets the mandatory minimum LC requirement and
such undertaking shall become a part of the contract.

5. Buyer Added Bid Specific ATC

Buyer Added text based ATC clauses

ADDITIONAL TERMS AND CONDITIONS FOR GEM ENQUIRY

1. Delivery term shall be FOR BHEL stores, Trichy inclusive of packing, forwarding, freight and insurance
charges.

2. MACHINE PACKING: Rigid packing for all items, all accessories and other supplied items to avoid any
damage/loss in transit. When machine is dispatched, If any, all small loose items shall be suitably packe
d in boxes.

3. Payment Term: As per GeM Conditions

Supply payment will be released within 90 days of issue of CRAC and submission of e-Performance Bank G
uarantee (ePBG). (Micro and small enterprises – 45 days, medium enterprises – 60 days and non-MSME ent
erprise – 90 days). Supply CRAC will be issued after receipt and acceptance of all the materials, and submi
ssion of e-Performance Bank Guarantee (PBG).

ICT payment will be paid will be released within 10 days of issue of CRAC. ICT CRAC will be issued after iss
uance of Minutes of Meeting signed by Supplier and BHEL.

Supplier shall submit separate GST invoice for Supply and ICT in GeM portal, for creating separate CRAC b
ased on milestones.

4. GUARANTEE: The equipment shall be guaranteed for 12 months from the date of commissioning and a
cceptace by BHEL.

5. Earnest Money Deposit (EMD):

EMD value: Rs.6,00,000/- (except Micro and Small Enterprises (MSEs) or Start-Ups as recognized by Depart
ment for Promotion of Industry and Internal Trade (DPIIT))

Modes of deposit:

The EMD may be accepted only in the following forms:

(i) Electronic Fund Transfer credited in BHEL account (before tender opening).

(ii) Banker's cheque/ Pay order/ Demand draft, in favour of BHEL (along with offer).

(iii) Fixed Deposit Receipt (FDR).

(iv) Bank Guarantee from any of the Scheduled Banks.

(v) Insurance Surety Bonds.

6. Forfeiture of EMD:

(i) A bidder's EMD will be forfeited if the bidder withdraws or amends its/his tender or impairs or derogates
from the tender in any respect within the period of validity of the tender or if the successful bidder fails to f
urnish the required performance security within the specified period mentioned in the Tender.

8 / 15
(ii) EMD by the tenderer to be withheld in case any action on the bidder is envisaged under the provisions
of extant "Guidelines on Suspension of business dealings with suppliers/ contractors" and forfeited/ release
d based on the action as determined under these guidelines.

7. Refund of EMD:

(A) Bid securities of the unsuccessful bidders should be returned to them at the earliest after expiry of the
final bid validity period and latest by the 30th day after the award of the contract. However, in case of two
packet or two stage bidding, bid securities of unsuccessful bidders during first stage i.e. technical
evaluation etc. should be returned within 30 days of declaration of result of first stage i.e. technical
evaluation etc.

(B) Bid security should be refunded to the successful bidder on conclusion of the order/ receipt of a perfor
mance security (if called in the tender).

(C) In case of expiry of offer validity period or any other circumstances, EMD will be released.

(D) EMD shall not carry any interest.

8. e-PERFORMANCE BANK GUARANTEE (ePBG):

The successful vendor shall have to furnish a performance security / Bank Guarantee (ePBG) for 10% of th
e Total PO value (Supply + ICT) within 30 days from the date of PO. If the supplier fails to submit the ePBG
within 45 days from the date of PO, enhanced performance security which would include interest (SB/ rate
+ 6%) for the delayed period, shall be submitted by the bidder. Further, if performance security is not sub
mitted till such time the first bill becomes due, the amount of performance security due shall be recovered
as per terms defined in NIT I contract, from the bills along with due interest. Additionally, in such case, acti
on will be initiated in line with GeM GTC conditions. The Performance Security shall not carry any interest.

Validity of ePBG shall be from PO date till the completion of Warranty Period of equipment as mentioned in
GeM GTC including job proving, performance tests etc. i.e. issue of Final Minutes of Meeting for E&C by BH
EL, as prescribed in PO with additional claim period as per GeM GTC.

Validity of ePBG (18 Months Validity + minimum 2 Claim period) = Delivery period + Transit time of 2 wee
ks + Erection and Commissioning Period + Warranty Period + claim period).

Modes of Deposit:

Performance security may be furnished in the following forms:

(i) Local cheques of Scheduled Banks (subject to realization)/Pay Order/ Demand Draft/ Electronic Fund
Transfer in favour of BHEL.
(ii) Bank Guarantee from Scheduled Banks / Public Financial Institutions as defined in the Companies Ac
t. The Bank Guarantee format should have the approval of BHEL.
(iii) Fixed Deposit Receipt issued by Scheduled Banks / Public Financial Institutions as defined in the Co
mpanies Act (FDR should be in the name of the Contractor, a/c BHEL).
(iv) Securities available from Indian Post offices such as National Savings Certificates, Kisan Vikas Patra
s etc. (held in the name of Contractor furnishing the security and duly endorsed/ hypothecated/ pledged
, as applicable, in favour of BHEL).
(v) Insurance Surety Bond.

9. Forfeiture of ePBG:

The performance security will be forfeited and credited to BHEL’s account in the event of a breach of contr
act by the supplier.

10. Refund of ePBG:

ePBG will be refunded to the contractor without interest, after he duly performs and completes the contrac
t in all respects but not later than 60(sixty) days of completion of all such obligations including the warrant
y under the contract.

9 / 15
11. No-deviation Certificate: Any Techno-Commercial clarifications/deviations to the specification requi
rements are to be clearly indicated in the NO deviation format. Hidden deviations indicated elsewhere in t
he offer will not be evaluated.

12. Fraud Prevention Policy: Bidder along with its associate /collaborators /sub-contractors /sub-vendor
s / consultants / service providers shall strictly adhere to BHEL Fraud Prevention Policy displayed on BHEL
website http://www.bhel.com and shall immediately bring to the notice of BHEL Management about any fra
ud or suspected fraud as soon as it comes to their notice.

13. Cartel Formation: The Bidder declares that they will not enter into any illegal or undisclosed agreem
ent or understanding, whether formal or informal with other Bidder(s). This applies in particular to prices,
specifications, certifications, subsidiary contracts, submission or non-submission of bids or any other actio
ns to restrict competitiveness or to introduce cartelization in the bidding process. In case, the Bidder is fou
nd having indulged in above activities, suitable action shall be taken by BHEL as per extant policies/ guide
lines.

14. GST Conditions:

Response to Tenders for Indigenous supplier will be entertained only if the vendor has a valid GS
T registration Number (GSTIN) which should be clearly mentioned in the offer. If the dealer is exempted fro
m GST registration, a declaration with due supporting documents need to be furnished for considering the
offer. Dealers under composition scheme should declare that he is a composition dealer supported by the
screen shot taken from GSTN portal. The dealer has to submit necessary documents if there is any change
in status under GST.

Supplier shall mention their GSTIN in all their invoices (incl. credit Notes, Debit Notes) and invoic
es shall be in the format as specified/prescribed under GST laws. Invoices shall necessarily contain Invoice
number (in case of multiple numbering system is being followed for billing like SAP invoice no, commercial
invoice no etc., then the Invoice No. which is linked/uploaded in GSTN network shall be clearly indicated),
Billed to party (with GSTIN) & Shipped to party details, item description as per PO, Quantity, Rate, Value, a
pplicable taxes with nomenclature (like IGST, SGST, CGST & UTGST) separately, HSN/ SAC Code, Place of S
upply etc. Wherever E-Invoice is applicable, the tax invoice/ CN / DN submitted by the vendor must contain
the QR code generated in E-Invoice Portal & IRN.

All invoices shall bear the HSN Code for each item separately (Harmonized System of Nomenclat
ure)/ SAC code (Services Accounting Code).

Invoices will be processed only upon completion of statutory requirement and further subject to following:

• Vendor declaring such invoice in their GSTR-1 Return/ IFF

• Receipt of Goods or Services and Tax invoice by BHEL.

As the continuous uploading of tax invoices in GSTN portal (in GSTR-1/ IFF) is available for all (i.e
. both Small & Large) tax payers, all invoices raised on BHEL may be uploaded immediately in GST portal o
n dispatch of material /rendering of services. The supplier shall ensure availability of Invoice in GSTN porta
l before submission of invoice to BHEL. Invoices will be admitted by BHEL only if the invoices are available i
n GSTN portal (in BHEL’s GSTR-2A/ GSTR-2B).

In case of discrepancy in the data uploaded by the supplier in the GSTN portal or in case of any s
hortages or rejection in the supply, then BHEL will not be able to avail the tax credit and will notify the sup
plier of the same. Supplier has to rectify the data discrepancy in the GSTN portal or issue credit note or de
bit note (details also to be uploaded in GSTN portal) for the shortages or rejections in the supplies or additi
onal claims, within the calendar month informed by BHEL.

In case GST credit is denied to BHEL due to non-receipt or delayed receipt of goods and/ or tax i
nvoice or expiry of timeline prescribed in GST law for availing such ITC, or any other reasons not attributab
le to BHEL, GST amount claimed in the invoice shall be disallowed to the vendor.

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 Where any GST liability arising on BHEL under Reverse Charge (RCM), the vendor has to submit
the invoices to BHEL well within the timeline prescribed in GST Law, to enable BHEL to discharge the GST li
ability. If there is a delay in submission of invoice by the vendor resulting in delayed payment of GST by B
HEL along with Interest, then such Interest payable or paid shall be recovered from the vendor.

Under GST regime, BHEL has to discharge GST liability on LD recovered from suppliers/contracts.
Hence applicable GST shall also be recoverable from suppliers/contractors on LD amount. For this Tax Invo
ice will be issued by BHEL indicating the respective supply invoice number.

GST TDS will be deducted as per Section 51 of CGST Act 2017 and in line with Notification 50/20
18 –Central Tax dated 13.09.2018. GST TDS certificate will be generated in GSTN portal subsequent to ven
dor accepting the TDS deduction in the GSTN portal & the vendor can directly download the Certificate fro
m the GSTN Portal.

15. Conflict of interest:

"A bidder shall not have conflict of interest with other bidders. Such conflict of interest can lead t
o anti-competitive practices to the detriment of Procuring Entity's interests. The bidder found to have a con
flict of interest shall be disqualified. A bidder may be considered to have a conflict of interest with one or
more parties in this bidding process, if:

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

b) they receive or have received any direct or indirect subsidy/ financial stake from any of them; or

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

d) 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

e) Bidder participates in more than one bid in this bidding process. Participation by a Bidder in mor
e than one Bid will result in the disqualification of all bids in which the parties are involved. However, this d
oes not limit the inclusion of the components/ sub-assembly/ Assemblies from one bidding manufacturer in
more than one bid; or

f) In cases of agents quoting in offshore procurements, on behalf of their principal manufacturers,

one agent cannot represent two manufacturers or quote on their behalf in a particular tender enquiry. One
manufacturer can also authorize only one agent/dealer. There can be only one bid from the following:

1. The principal manufacturer directly or through one Indian agent on his behalf; and

2. Indian/foreign agent on behalf of only one principal; or

g) A Bidder or any of its affiliates participated as a consultant in the preparation of the design or tec
hnical specifications of the contract that is the subject of the Bid; or

h) 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 restric
tions would apply to closely related sister companies. Bidders must proactively declare such sister/ commo
n business/ management units in same/ similar line of business."

16. Document Approval: In case of PO placements, required documents have to be submitted for appro
val within 15 days from the date of PO & reply for any further clarification has to be within 7 days. Any dela
y beyond the above specified period will be considered during LD calculation. List of documents are as per
point no. 6 of Technical Specification Part-B.

17. Documents required as in Bid Specific Additional Scope of Work:

01. Covering letter
02. Unpriced offer for Scope of Supply.
03. Filled up and Signed PQC & Technical Specification along with supporting documents.
04. Certification as per Make in India clause, as per Bid Document.
05. UDYAM certificate copy (if MSE Category)
06. PAN Card copy

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 07. GST certificate copy
08. GeM Seller ID screenshot (inclusive of Bank details)
09. Vendor Details (Annexure-C)
10. Integrity Pact
11. Non-Disclosure Agreement
12. No Deviation Certificate
13. Details of Company Performance
14. Make in India format

18. Incident management Policy on GeM:

GeM is a trust based system and self- declaration is the key, along with a strong automated pro
cess to penalize any deviant behavior on part of Sellers / Buyers. For this purpose, deviations from the ter
ms and conditions of procurement on GeM, including general terms and conditions, special and additional
terms and conditions and any other relevant Government rules and guidelines, are termed as “deviation”.
A deviation can occur while listing the products on GeM, at pre- contract stage, during bidding or at post c
ontract stage on GeM. The mechanism for reporting and initiating action on such deviation has been detai
led in the Incident Management Policy available on GeM portal under Resources. All stakeholders of GeM
shall be bound by the actions as detailed in the Incident Management Policy.
All administrative actions under this Incident Management Policy, taken by GeM against any of
the stakeholders shall not cause any limitation on the legal and/or contractual remedies including any fin
ancial recoveries, available to Buyers/Sellers under the Terms and Conditions of contract and/or GeM polic
ies. In case the Buyer / Seller choose to pursue any of these remedies, GeM shall not be made party to su
ch proceedings / remedial actions taken by Buyer/Seller under the contractual provisions.
If any individual has registered multiple proprietorship concerns as separate seller entities on
GeM under different business names (with same PAN), all such Seller entities would be equally impacted b
y the action taken against any one of such entities for his default / deviation under incident management
policy.
All the allied firms, as per definition of DOE’s OM number F.1/20/2018PPD dated 02/Nov/2021,
will be equally impacted by the action taken against any one of such entities for the default / deviation un
der Incident Management Policy.

Following is the definition of allied firms: All concerns which come within the sphere of effective influence
of the debarred firms shall be treated as allied firms. In determining this, the following factors may be tak
en into consideration:
a. Whether the management is common.
b. Majority interest in the management is held by the partners or directors of banned / suspended fi
rm.
c. Substantial or majority shares are owned by the banned/ suspended firm and by virtue of this it h
as a controlling voice.
d. Directly or indirectly controls or is controlled by or is under common control with another bidder.
e. All successor firms will also be considered as allied firms.

19. Liquidated Damages: If the Seller/Service Provider fails to deliver any or all of the Goods/Services wi
thin the original/re-fixed delivery period(s) specified in the contract, the Buyer will be entitled to deduct/re
cover the Liquidated Damages for the delay, unless covered under Force Majeure conditions aforesaid, @ 0
.5% of the contract value of delayed quantity per week or part of the week of delayed period as pre-estima
ted damages not exceeding 10% of the contract value of delayed quantity without any controversy/disput
e of any sort whatsoever.

Site readiness for each item will be intimated seperately and the same will be considered for LD ca
lculation for respective ICT.

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 20. Dispatch Clearance: Supplier has to dispatch the material/item/equipment only after the issuance of
Dispatch clearance from BHEL Trichy. Even though dispatch clearance has been issued by BHEL Trichy, it d
oes not absolve supplier responsibility of supplying the machine to the agreed specification, standard, and
ensuring performance of the equipment as per the terms and conditions of the PO.

21. DETAILS ON CAPACITY /SUPPLY AND E&C- PERFORMANCE OF THE VENDOR:

The following details shall be filled by the vendor in the Annexure – Company Performance (attached with
this tender) and submit along with Technical Bid (Part-I):

a) Capacity details in Part (A) are about the Manufacturing Capacity (Major Machine: Category-Wise & numb
er-wise), No. of Machines supplied during last 5 years, Outstanding Order Book position, Liquidation Plan of
all machines including BHEL machines under consideration for ordering. Wherever possible, efforts are to b
e made to contact some of the references of past supplies given.

b) The Performance details of supplies to BHEL will be sought in Part (B) for the POs placed by BHEL which c
an be verified; hence submission of these information by vendors is mandatory. BHEL will reserve the right
to reject the offer, if past performance of the bidder is evaluated to be unsatisfactory and / or false informa
tion is given by the bidder.

The actual / likely Supply and E&C period vis-à-vis scheduled Supply and E&C period (delay for reasons att
ributable to vendor only to be considered) shall be considered for all the machines against the POs placed
by BHEL during last 5 years (limited to 5 latest executed POs) and all POs overdue for Supply and/or E&C.

For purpose of calculation of Delivery Index in case of overdue POs, the delay period for Supply and/or E&
C will be reckoned from the date of bid opening of the tender under evaluation. In case of two-part bid, Tec
hnical Bid shall be considered as date of bid opening. Early Supply and/or E&C vis-à-vis scheduled dates wi
ll not be entitled for any consideration for calculation of Delivery Index. Delay in E&C shall be applicable o
nly in such cases where E&C period has been mentioned in the PO. In case a PO includes more than one m
achine, then all the machines of the PO shall be considered for calculation of Delivery Index.

Illustration for calculation of Delivery Index:

n (∆Xi + ∆Yi)

Delivery Index = ∑ --------------- n

i=1 (Xi + Yi)

i = No. of Machines; Where, i = 1....... to n (n = no. of m/cs.)

Xi = Scheduled Delivery (no. of days)

ΔXi = Supply delay (no. of days)

Yi = Scheduled E&C (no. of days)

ΔYi = E&C delay (no. of days)

Technical Committee at Unit shall make use of this information on past performance of the bidders during
technical evaluation of the offers. If DELIVERY INDEX of any bidder is ≥ 0.20, then the particular offer shall
become liable for rejection. However, BHEL reserves the right to accept offers with DELIVERY INDEX ≥ 0.20
against justified reasons.

22. Breach of contract, Remedies and Termination:

a) In case of breach of contract, wherever the value of security instruments like performance bank guarante

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 e available with BHEL against the said contract is 10% of the contract value or more, such security instrum
ents to the extent of 10% contract value will be encashed.

b) In case the value of the security instruments available is less than 10% of the contract value, the balance
amount will be recovered in all or any of the following manners:
i) from dues available in the form of Bills payable to defaulted supplier against the same co
ntract.
ii) from the dues payable to defaulted supplier against other contracts in the same Region/U
nit /any other region/unit.
iii) In-case recoveries are not possible with any of the above available options, Legal action s
hall be initiated for recovery against defaulted supplier.

c) Further, levy of liquidated damages, debarment, termination, de-scoping, short-closure, etc., will be appli
ed as per provisions of the contract.

23. Delivery Period for Supply – 4 Months and for ICT 1 Month. Whereas no relaxation is envisaged in this
subject tender. Any deviation in delivery period opted by any vendor, will not considered for Price Bid Ope
ning. Also Order acceptance, submission of ePBG, drawings etc., should not be linked to the delivery perio
d.

Note:

1. BHEL may negotiate the L1 rate, if not meeting our budget / estimated cost. BHEL may re-float the tende
r opened, if L1 price is not acceptable to BHEL.

2. BHEL reserves its right to reject an offer due to unsatisfactory past performance by the respective Vend
or in the execution of any contract to any BHEL project / Unit.

3. The offers of the bidders who are under suspension as also the offers of the bidders, who engage the ser
vices of the firms debarred across BHEL, shall be rejected. The list of firms debarred across BHEL is availab
le on BHEL web site www.bhel.com.

4. Any other Techno – Commercial Terms indicated by the vendor in their offer elsewhere will be ignored.
BHEL will proceed with tender evaluation as per GeM general terms and conditions and ATC only.

5. Any change in applicable rates of Tax or any other statutory levies (Direct / Indirect) or any new introdu
ction of any levy by means of statute and its corresponding liability for the deliveries beyond the agreed d
elivery date for reasons not attributable to BHEL will be to vendors account. BHEL will not reimburse the s
ame and any subsequent claim in this respect will be summarily rejected.
.

Disclaimer/अ वीकरण

The additional terms and conditions have been incorporated by the Buyer after approval of the Competent
Authority in Buyer Organization, whereby Buyer organization is solely responsible for the impact of these clauses
on the bidding process, its outcome, and consequences thereof including any eccentricity / restriction arising in
the bidding process due to these ATCs and due to modification of technical specifications and / or terms and
conditions governing the bid. If any clause(s) is / are incorporated by the Buyer regarding following, the bid and
resultant contracts shall be treated as null and void and such bids may be cancelled by GeM at any stage of
bidding process without any notice:-

1. Definition of Class I and Class II suppliers in the bid not in line with the extant Order / Office Memorandum
issued by DPIIT in this regard.
2. Seeking EMD submission from bidder(s), including via Additional Terms & Conditions, in contravention to
exemption provided to such sellers under GeM GTC.
3. Publishing Custom / BOQ bids for items for which regular GeM categories are available without any

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 Category item bunched with it.
4. Creating BoQ bid for single item.
5. Mentioning specific Brand or Make or Model or Manufacturer or Dealer name.
6. Mandating submission of documents in physical form as a pre-requisite to qualify bidders.
7. Floating / creation of work contracts as Custom Bids in Services.
8. Seeking sample with bid or approval of samples during bid evaluation process. (However, in bids for
attached categories, trials are allowed as per approved procurement policy of the buyer nodal Ministries)
9. Mandating foreign / international certifications even in case of existence of Indian Standards without
specifying equivalent Indian Certification / standards.
10. Seeking experience from specific organization / department / institute only or from foreign / export
experience.
11. Creating bid for items from irrelevant categories.
12. Incorporating any clause against the MSME policy and Preference to Make in India Policy.
13. Reference of conditions published on any external site or reference to external documents/clauses.
14. Asking for any Tender fee / Bid Participation fee / Auction fee in case of Bids / Forward Auction, as the
case may be.

Further, if any seller has any objection/grievance against these additional clauses or otherwise on any aspect of
this bid, they can raise their representation against the same by using the Representation window provided in
the bid details field in Seller dashboard after logging in as a seller within 4 days of bid publication on GeM. Buyer
is duty bound to reply to all such representations and would not be allowed to open bids if he fails to reply to
such representations.

This Bid is also governed by the General Terms and Conditions/ यह बड सामा य शत के अंतगत भी शािसत है

In terms of GeM GTC clause 26 regarding Restrictions on procurement from a bidder of a country which shares a land border with India, any bidder from a country which
shares a land border with India will be eligible to bid in this tender only if the bidder is registered with the Competent Authority. While participating in bid, Bidder has to
undertake compliance of this and any false declaration and non-compliance of this would be a ground for immediate termination of the contract and further legal action

in accordance with the laws./ जेम क सामा य शत के खंड 26 के संदभ म भारत के साथ भूिम सीमा साझा करने वाले दे श के बडर से खर द
पर ितबंध के संबंध म भारत के साथ भूिम सीमा साझा करने वाले दे श का कोई भी बडर इस िन वदा म बड दे ने के िलए तभी पा होगा
जब वह बड दे ने वाला स म ािधकार के पास पंजीकृ त हो। बड म भाग लेते समय बडर को इसका अनुपालन करना होगा और कोई भी
गलत घोषणा कए जाने व इसका अनुपालन न करने पर अनुबंध को त काल समा करने और कानून के अनुसार आगे क कानूनी कारवाई
का आधार होगा।

---Thank You/ ध यवाद---

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