8578 FINAL OT DOC-compressed

BHARAT HEAVY ELECTRICALS LIMITED
HEEP HARIDWAR INDIA-PIN 249403

FAX NO: 0091 1334 226462
PHONE NO: 0091 1334 281275
BHEL OPEN TENDER ENQUIRY No: T/T212/21/0970N/3
M/s……………………….
Sub: BHEL-HEEP/OPEN-TENDER (Turbine) / 2022
The Heavy Electricals Equipment Plant (HEEP) located in Haridwar, India is one of the major manufacturing
plants of Bharat Heavy Electricals Ltd. The core business of HEEP includes design and manufacture of large
steam and gas turbines, turbo generators and so on.
Sealed tenders with the Tender No. and opening date clearly super scribed on the cover are invited from
the manufacturers (registered as well as unregistered) for the items FORGING FOR LP SHAFT (ROUGH
MACHINED) Annexure- (Item Details): -
SPECIAL INSTRUCTIONS OF ENQUIRY-
1. Liquidated Damages (LD) for Late Deliveries shall be applicable @0.5% per week or part thereof on the
value of respective delayed supplies subject to maximum of 10% of the value of respective delayed supplies.
If vendor do not mention anything about LD clause in their offer, then it shall be presumed to be acceptable.
No further clarification shall be asked in this regard after opening of techno-commercial bid part-1.
2. Foreign vendors to either quote third party inspection charges (LRS/BV/TUV) separately in their offer or
vendor to mention that third party inspection charges are included in the quoted prices of the offer. If
vendor do not quote third party inspection charges or do not mention that third party inspection charges
are included in quoted prices, then it shall be presumed that third party inspection charges are included in
the quoted prices of the offer. No further clarification shall be asked in this regard after opening of techno-
commercial bid part-1.
3. Vendor to confirm and endorse enclosed BHEL QP “QA/CF/QP/201, rev06” (Annexure-QP).
4. Foreign Vendors to confirm Inspection shall be done by third party inspection agency (LRS/TUV/BV) as per
BHEL approved Quality Plan.
5. Indian Vendors to confirm Inspection shall be done by BHEL nominated inspection agency (TUV) as per BHEL
approved Quality Plan.
6. All vendors to provide point wise reply/confirmation along with relevant supporting documents to each and
every point of Annexure (Pre-Qualification Requirement/PQR) for all enquiry items. Non-compliance of
these may lead to rejection of offer as these are essential condition for participating in tender enquiry.
7. Vendor to offer best delivery schedule in line with BHEL tender requirement. Delivery is not sacrosanct.
However, offer of vendors may not be considered whose quoted delivery does not suit BHEL requirement.
8. The evaluation currency for this tender shall be INR.

9. BHEL Standard payment term is “Payment after receipt and acceptance of material/item at HEEP, BHEL-
store” as per General Instruction and Standard Terms & Condition (GISTC), Version June-2021, Rev: 06.
10. The quotation shall be valid for a minimum period of 90 days, effective from the date of tender opening.
11. Vendor to ensure that their quoted rates are not more than those quoted for any other customer
including other BHEL units.
12. The total quantity may undergo change at the time of ordering.
13. Test certificate and Guarantee certificate to be provided by vendor as per specification.
14. Vendor to submit duly signed & sealed Integrity Pact in BHEL format along with offer.
15. IEM's details are following.

a. Shri Arun Chandra Verma, IPS (Retd.)
Email: acverma1@gmail.com
b. Shri Virendra Bahadur Singh, IPS (Retd.)
Email: vbsinghips@gmail.com
16. Clause on IP in the tender
a. IP is a tool to ensure that activities and transactions between the company and its
Bidder/Contractors are handled in a fair, transparent and corruption free manner. The above said
Independent External Monitors (IEMs) on the present panel have been appointed by BHEL with the
approval of CVC to oversee implementation of IP in BHEL.
b. The IP as enclosed with the tender is to be submitted (duly signed by an authorized signatory) along
with techno-commercial bid. Only those bidders who have entered into such an IP with BHEL would
be competent to participate in the bidding. In other words, entering into this pact would be
preliminary qualification.
c. Please refer section -8 of IP for Role and Responsibilities of IEMs. In case of any complaint arising out
of the tendering process, the matter may be referred to any of the above IEM(s). All correspondence
with IEMs shall be done through email only.
17. Contact Details of Purchase officer of BHEL are following.

a) Mohit Kumar, Manager (PPX-T), PH. No.-01334281275
E-mail-mohit.kumar@bhel.in
b) Sachin Mittal, DGM (PPX-T), PH. No.-01334285587
E-mail- sachin_m@bhel.in
18. BHEL shall be resorting to Reverse Auction (RA) (Guidelines as available on https://www.bhel.com/ )
for this tender. RA shall be conducted among the techno-commercially qualified bidders.
Price bids of all techno-commercially qualified bidders shall be opened and same shall be considered
as initial bids of bidders in RA. In case any bidder(s) do(es) not participate in online Reverse Auction,
their sealed envelope price bid along with applicable loading, if any, shall be considered for ranking.
19. Vendor Contract clause regarding GST ITC and provision for E-lnvoices w.e.f. 01.10.2020 for Indian Vendors:
(i) W.e.f. 01.04.2021, vendor to ensure submission of E-Invoice who is having turnover of more than Rs. 50
Crs. in any preceding financial year from 2017-18 onwards.
(ii) It has been specified by the Govt. that it is mandatory to mention a valid unique invoice Reference No. (IRN)
and QR code as generated from Govt. portal on a Tax Invoice. Based on such information, GST ITC as claimed
by BHEL in GST Returns shall be matched with the corresponding details uploaded by supplier in E-lnvoicing
System.
(iii) In case the vendor /contractor delays or fails to provide all the documents as per the Purchase order / Work
Order at the time of submitting Tax invoice to BHEL, any subsequent financial loss to BHEL on account of
vendor/contractor shall be to vendor's / contractor's account. BHEL has further right to take necessary steps
to protect its interest at the time of release of payment. This further requires inclusion of IRN and QR code
on tax invoice as announced by Govt. of India w.e.f. 01.10.2020.
20. For this procurement, the local content to categorize a supplier as a Class-I local supplier/ Class-II local
supplier/ Non-local supplier and purchase preference to Class-I local supplier, is as defined in Public
Procurement (Preference to Make in India), Order 2017 dated 04.06.2020 issued by DPIIT. In case of
subsequent orders issued by nodal ministry, changing the definition of local content for the items of the
NIT, the same shall be applicable even if issued after issue of this NIT, but before opening of Part-II bids
against this NIT.
21. All provisions of Order No. F.No.6/18/2019-PPD of Department of Expenditure (DoE) shall be applicable
for this tender enquiry (Order copy is available at https://doe.gov.in/procurement-policy-divisions ).
Accordingly, any bidder from a country which shares a land border with India (except the countries to
which the Govt. of India has extended lines of credit or in which the Govt. of India is engaged in
development projects for which list is available at https://www.mea.gov.in/ ) will be eligible to bid in
this tender only if the bidder is registered with the Competent Authority as specified in Annex I of the
said Order of DoE.
Therefore, GISTC clause “RESTRICTIONS UNDER RULE 144(XI) OF THE GENERAL FINANCIAL RULES (GFRs),
2017” is applicable for this case.
Updated list of the countries to which lines of credit have been extended or in which development
projects are undertaken are available on the Ministry of External affairs website
(https://www.mea.gov.in/ )
For the purpose of this order, definition of Bidder from a country which shares a land border with India
shall be same as defined in the Annex III of the said order.
Registration with the competent authority as stipulated in the said order is responsibility of bidder.
Bidder has to submit a certificate certifying following along with offer:
"I have read the clause regarding restrictions on procurement from a bidder of a country which shares
a land border with India; I certify that bidder (…. Name of Bidder) is not from such a country or, if from
such a country, has been registered with the Competent Authority. I hereby certify that bidder (…..Name
of bidder) fulfils all requirements in this regard and is eligible to be considered"
If the bidder is from such country which shares a land border with India evidence of valid registration by
the Competent Authority shall also be attached along with offer.”
22. Procurement directly from Manufacturers/ suppliers shall be preferred. However, in case of submission
of offer through agents including dealers/ traders/ distributors/ stockiest/ Channel partners etc. on
behalf of manufacturer or the manufacturer themselves insists for making suppliers through their such
agents only, following guidelines will be followed.
a. Either the agent could bid on behalf of the manufacturer / supplier or the manufacturer / supplier
could bid directly but not both.
b. In case bids are received from both the manufacturer / supplier and the agent, the bid received from
agent shall be ignored.
c. The agent shall not allow to represent more than one manufacturer / suppler in the same tender.
d. Agent should submit the authorization letter from the manufacturer clearly indicating details like
Name, e-mail and address of manufacturer and relationship with agent and its validity to be submitted
with bid. The authorization letter should be tender specific.
e. In case order is to be placed and executed by agent following aspects are to be ensured:
 Manufacturer of the agent should meet the PQR as defined in tender.
 Agent should have annual turnover of at least equal to Rs. 500 Lacs of year ended as 31.03.2020 or Year
ended as 31.12.19 where calendar year is in practice. The net worth of the agent should be positive.
Agent to submit Audited Balance sheet and Profit & Loss Statement in support of it.
 Manufacturer and bidder / agent should jointly confirm Guarantee for the quality of product and timely
delivery as stipulated in the NIT.
23. Please submit your offer only for the above requirement subject to our GENERAL INSTRUCTIONS AND
STANDARD TERMS & CONDITIONS (GISTC: Version June-2021, Rev: 06). Please visit our site
https://hwr.bhel.com for General Instructions and Standard Terms & Conditions (GISTC) for Tender
Enquiries. All the bidders/vendors must ensure compliance of these GISTC. GISTC can also be referred by
login to B2B Portal for Registered Vendors.
Vendor to submit duly filled and signed Non-Disclosure Agreement (NDA) i.e.
Annexure (NDA) to get the drawings and specifications from BHEL. Also refer enclosed
Annexure (Model conciliation clause) which is also applicable.
The tender documents can be downloaded from our web site https://www.bhel.com/ or https://hwr.bhel.com. After
downloading the tender documents from web site, while submitting the tender as detailed in “Instruction to
Bidders”, intending vendors must submit Tender Fee of Rs. 2,000/- (Rupees two thousand only) in the form of
Pay Order /e-payment/ Demand Draft (drawn in favour of ‘BHEL HARIDWAR’) only. It may be noted that if hard
copy of any tender documents are required, then the same may be collected against copy of Pay Order / e-
payment/Demand Draft of requisite tender fee (while original to be submitted with Part-I). However, if no hard
copy of any tender documents are required from BHEL, no tender fee is required to be submitted.
Vendors must also remit the requisite EMD (Earnest Money Deposit) of Rs. 2,00,000/- (Rupees Two lakh only)
in the form of Pay Order/ E-payment / Demand draft (drawn in favor of ‘BHEL HARIDWAR’). If EMD is not
submitted along with the offer (Part-I) then the offer shall be out rightly rejected.
Following HEEP BHEL Hardwar PMD ST077 approved vendors are exempted from submission of EMD
whose vendor codes are mentioned below: -
ITEM CODE PMD VENDOR CODE
W95310301194 M73969, M79122, M91010, S83026, M70013, M72501, M70021
“As per the OM No. F.No. 1(2)(1)/2016-MA dtd. 09.02.2017 issued from the Office of Development Commissioner
(Micro, Small & Medium Enterprises), “Traders and agents should not be allowed to avail the benefits extended
under the PP Policy.”
In view of this, it is clarified that benefits of MSE (such as EMD Waiver, Tender fee exemption, Price preference,
Payment preference etc.) will be given only to those MSE Vendors who are manufacturers of offered items against
the NIT. No MSE benefits shall be provided to Agents / Stockists / Dealers / Traders etc. for the items offered but
not manufactured by themselves.”
For E‐Payment, the RTGS details are mentioned as below:
Bank Details SWIFT Details of bank

STATE BANK OF INDIA SWIFT NO: SBININBB225
RANIPUR BRANCH, CC ACCOUNT NO :10667995458
OPP: BHEL MAIN GATE, IFSC CODE : SBIN0000586
SECTOR‐5, RANIPUR,
HARIDWAR,
UTTRAKHAND, INDIA
PIN CODE : 249403
As per notification reference no. NSIC/HO/GP/15(4)/2013-14 dated 07.07.2013 Micro & Small Enterprises
(MSEs) are not required to submit Tender fees. A Valid MSE certificate such as Udyam Certificate/NSIC/EM
(Part-II) as per GISTC shall be submitted in support of Micro & Small Enterprises (MSEs).
Central / State – PSUs / Government departments are exempted from submission of EMD subject to approval by
BHEL management.
Please submit separate drafts for EMD and tender fee in an envelope super-scribed with bold letters “EMD &
Tender Fee” to be submitted with Part-I.
Micro & Small Enterprises (MSEs) are exempted from submission of EMD and/or Tender fees. Documents
as detailed in GENERAL INSTRUCTIONS AND STANDARD TERMS & CONDITIONS (GISTC), Version June-
2021, Rev: 06 hoisted on our website https://hwr.bhel.com are to be submitted for availing exemption from
submission of Tender Fees & EMDs.
BHEL will forfeit the EMD if, the successful bidder / vendor refuses to honor the order after award of the same
on him and / or withdraws his bid and / or unilaterally changes the offer and / or any of its terms & conditions
within the validity period.
Tenders will be received in Tender Box kept in Tender Room and should be addressed to:
THE HEAD OF MATERIAL MANAGEMENT,

Heavy Electrical Equipment Plant,
Bharat Heavy Electricals Limited,
HARIDWAR-249403 (Uttarakhand), INDIA.
The date for opening of tender shall be 05.05.2022. Tenders will be received up to 1.45 P.M. on 05.05.2022 and
opened on the same day at 2.00 P.M. in the Tender Room. Please note that tender received after due date &
time (1.45PM on 05.05.2022) will not be REPEAT will not be opened. BHEL will not be responsible for any type
of postal / courier delay.
Bids shall be opened at 2 PM on the due date in the presence of authorized representative of the bidders who
may like to be present. The authorized representative should bring authority letter from their parent company
(Manufacturer) for the specific tender no. attending the bid opening.
Amendments/Corrigendum, if any, will be hosted only on the websites mentioned above. Other terms and
conditions will be as per tender documents.
Vendors operating from BHEL quarters, unauthorized colonies on BHEL land and Dharamshalas/ hotels shall not
be considered, hence such vendors need not apply. Any vendor who is under hold (for the item)/ delisted/ banned
with BHEL on date of opening of Part – 1 will not be allowed to quote for this tender. In case their offer is received,
it may be out rightly rejected.
Unregistered vendors may please visit our site https://www.bhel.com/ for filing up the Supplier Registration
Form. Copy of filled Supplier Registration Form (SRF) may be submitted along with the offer.
Foreign and Indigenous bidders against open tender may obtain class – III DSCs. Procedure for application is
available on https://www.bhel.com/ .
KINDLY READ “INSTRUCTIONS TO BIDDERS.” QUOTATION NOT IN ACCORDANCE WITH THE INSTRUCTIONS ARE
LIABLE TO BE DISQUALIFIED AND IGNORED.
INSTRUCTIONS TO BIDDERS FOR SUBMITTING OFFER
DEFINITION
Registered Vendors - Are those who are registered with BHEL, Haridwar for Megawatt rating/ Size/ Weight of
tendered components in respective steel grade or machining of such items.
Un-registered Vendors - Are those who are not registered with BHEL, Haridwar for Megawatt rating/ Size/ Weight
of tendered components in respective steel grade or machining of such items.
TECHNICAL QUALIFICATION: Technical Requirement, Pre-Qualifying Requirements/PQR & Drawings to be

submitted. It is the mandatory requirement. Offer of vendors not meeting these requirements may not be
considered.
ESSENTIAL INSTRUCTIONS
Un-registered vendors may be approved by BHEL, if found suitable, on the basis of data furnished by them in
Supplier Registration Form (SRF) for Foreign Vendors or Indigenous Vendors (as applicable). Vendor Registration
Form shall be filled only by unregistered vendors on our website https://www.bhel.com/ .
BHEL team may visit the vendor(s) works for verification of capability and capacity claimed in tender
documents/offer(s).
The tender shall be submitted in two parts in separate cover as described below on or before the due date:
Part I (Cover-1) - Containing the following:

1. Point wise reply/confirmation to Pre‐qualifying requirement Annexure (PQR) along with all necessary supporting
documents in one go. Non-compliance of this may lead to rejection of offer.
2. Annexure-Pre-Qualification criterion – Financial Soundness
3. EMD (Earnest Money Deposit) Or Valid certificate/Document towards exemption of Tender fee and/or EMD
(applicable for Micro and small Enterprises, Central / State – PSUs / Government departments, PMD vendors etc.)
4. Techno -Commercial Bid- it should be replica of price bid (copy of price bid without price part) in line with
technical requirement as per drawings and documents.
5. Annexure (Self-Certification Certificate (MII))
6. Annexure (Certificate required as per order no F.No.6/18/2019-PPD of department of Expenditure(DoE))
7. Annexure (Signed BHEL QP ‘QA/CF/QP/201, rev06’)
8. Annexure (Integrity Pact)
Part II (Cover-2) - Containing the following:
1. Price Bid
All interested vendors must submit the endorsed NDA well in time to BHEL for getting drawing and specification.
All the sub‐envelopes (Part‐I, part-II & Part‐III) to be put in a single covering envelope indicating tender no., due date
and the name of vendor, e‐mail id, with full contact details. Offer should be complete in all respect (i.e. Part‐I, part-II
& Part‐ III). BHEL may decide to ignore the offer in case of submission of incomplete offer.
* Please submit your offer according to General Instructions and Standard Terms & Conditions (GISTC), Version
June-2021, Rev: 06 for Tender Enquiries. Please visit our site https://hwr.bhel.com for GISTC. All the
bidders/vendors must ensure compliance of these GISTC (Version June-2021, Rev: 06). GISTC (Version June-
2021, Rev: 06) can also be referred by login to B2B Portal for Vendors.
REFERENCES:
Annexure- (Pre-Qualification Requirement/PQR)

Annexure- (Pre-Qualification criterion – Financial Soundness)
Annexure- (Item Details)
Annexure- (General Instructions and Standard Terms & Conditions (GISTC), Version June-2021, Rev: 06)
Annexure (Quality Plan No ‘QA/CF/QP/201, rev06’)
Annexure (Self-Certification Certificate (MII))
Annexure (Certificate required as per order no F.No.6/18/2019-PPD of department of Expenditure(DoE))
Annexure (Integrity Pact)
Annexure (Non-Disclosure Agreement)
Annexure (Model conciliation clause)
ANNEXURE-PQR
Annexure 1
Vendor to submit details of manufacturing and testing facilities as per format below:
1) STEEL MELTING & REFINING FACILITIES:

Melting Furnaces details (Type, Capacity etc.)
Refining facility details (Vacuum Degassing etc – Type and
Capacity to be submitted)
maximum ingot size

- diameter [mm]
- length [mm]
- weight [mm]
In case of outsourcing of ingot, vendor to submit above details of their sub supplier.
2.) FORGING FACILITY:
Press capacity in kN
Maximum Forging weight in MT
Manipulator Capacity (maximum) for forging
Remarks:
3) Heat Treatment Facilities

1. Heat treatment facility
- Maximum diameter, length and weight of shaft which
can be heat treated
- Temperature monitoring facility as per BHEL
specification requirement
2. Quenching type & medium
4) Machining Facilities:
1. Facility for Axial Core Trepanning
2 (a) Minimum & Maximum diameter of the core which can be trepanned
(b) Maximum length of axial core that can be trepanned
3. Surface finish of axial bore (Specify achievable value)
4. Concentricity, Cylindricity and Parallility, refer drawing requirement
In case of outsourcing of any operation, vendor to submit above details of their sub supplier.
5) Testing Facilities:
1. Chemical Testing
2. Mechanical Testing (Tensile, Impact)
3. NDT Facilities –
UT, MPI, Boroscopic, Residual Stress Measurement,
Magnetic property
In case of outsourcing of any test, vendor to submit above details of their sub supplier.
6) Handling Facilities:
1. Crane capacity
(Signature & Seal of Vendor)

ANNEXURE- Pre-Qualification criterion – Financial Soundness
Vendor to quote Net worth of the company of year ending as below and documents like Audited
Balance sheet/ Certificate from CA/CPA/Bank / D&B report in support of it.
1. Year ended as 31.03.2020 Or

2. Year ended as 31.12.2019 where Calendar Year is in practice.
The net worth should be positive for qualifying the criterion.

T/ T212/1/0970N3 25-04-2022
M/S. OPEN TENDER DUEDATE 05-05-2022

BHEL
HARIDWAR249403 Vendor Code 00001
INDIA
-
SL MATERIAL CODE QUANTITY UNIT LOTNO LOT DELIVERY

ITEM DESCRIPTION QTY SCHEDULE
1 W95310301194 1 NO 1 1 29/01/23
DRG: 11030141998 REV: 00
FORGIONG FOR LP SHAFT
(ROUGH MACHINED)
SPEC: HW19373 REV: 06
-----------------------------------------------------------------------------------------
** IMPORTANT: This enquiry is 2 part tender. Techno-Commercial bid (Part-1) & Price
Bids (Part-2) should be submitted in separate envelopes. These two envelopes should
be submitted in a common sealed envelope. Techno-Commercial Bid shall contain detailed
Technical Specification, Drawings Technical documents, Catalogues, taxes & duties,
payment terms, delivery period, Validity of offer, Replica of Price Bid (Copy of
price bid without price part) etc. The confirmation to the special terms & conditions
must be submitted alongwith Techno-Commercial bid.
-----------------------------------------------------------------------------------------
Standard Instructions:
TEST CERTIFICATE REQUIRED.
GUARANTEE CERTIFICATE REQUIRED.
-----------------------------------------------------------------------------------------
Special Instructions:
AS PER OPEN TENDER DOCUMENT.
-----------------------------------------------------------------------------------------
General Instructions:
Please visit our site www.bhelhwr.co.in for latest version of
General Instructions and Standard Terms & Conditions (GISTC) for Tender
Enquiries. All the bidders/vendors must ensure compliance of latest GISTC.
Terms & Conditions printed overleaf of this Standard Tender
enquiry format are null & void.
For this procurement, Public Procurement (Preference to Make in India),
Order 2017 dated 15.06.2017 & 28.05.2018 and subsequent Orders issued
by the respective Nodal Ministry shall be applicable even if issued
after issue of this NIT but before finalization of contract / PO / WP
against this NIT.
In the event of any Nodal Ministry prescribing higher or lower
percentage of purchase preference and/ or local content in respect
of this procurement, same shall be applicable.
Default purchase preference under Make in India order shall be 20% to suppliers
Page No 1
T/ T212/1/0970N3 25-04-2022
MATERIAL CODE QUANTITY UNIT LOTNO

ITEM DESCRIPTION
with default minimum local content of 50% for all items / works / services.
For further details, please refer latest version of GISTC.
Procurements where the Estimated value to be procured is less than Rs. 5 lakhs
shall be exempted from Public Procurement (Preference to Make in India),
Order 2017 dated 15.06.2017 & 28.05.2018
Kindly produce GeM seller Id with documentary proof along with your Bids/offers
for case Value more than 25 Lacs.
-----------------------------------------------------------------------------------------
MOHIT KUMAR
MANAGER (PPX-T)
Page No 2
HEEP-HARIDWAR, UTTARAKHAND (249403)
General Instructions and Standard Terms & Conditions for bidding against Tender Enquiry (GISTC)
For Foreign Bidders (Version June-2021,Rev: 06)
1. GENERAL.
Table of Contents
These general terms & conditions shall apply to all the Tender
1. GENERAL ............................................................. 1
Enquiries, notice inviting tenders, request for quotations
2. ORIGIN OF QUOTATION...................................... 1 concerning the supply of goods and / or rendering of services
to Bharat Heavy Electricals Ltd., HEEP, Haridwar (hereinafter
3. SUBMISSION OF TENDER .................................... 1
referred to as BHEL or the Purchaser). In case of placement of
4. TENDER OPENING………………………………………………….3 order these conditions will become part of purchase order
5. SPECIFICATION, DRAWINGS & STANDARD ......... 3 until unless the deviations are specifically agreed by BHEL.
6. PRICE SCHEDULE ................................................. 3 2. ORIGIN OF QUOTATION.

7. REVERSE AUCTION .............................................. 4
a) The quotation should preferably be from the principal
8. DELIVERY TERMS................................................. 4 bidder. However tender specific authorized registered
9. LD FOR LATE DELIVERY……………………………………6 dealer / agent can also submit the bid on their behalf, failing
which the quotation is liable to be ignored. BHEL prefers to
10. PAYMENT TERMS ................................................ 6
deal directly with the principal manufacturers.
11. BANK GUARANTEE .............................................. 7
b) An agent cannot quote on behalf of more than one
12. GUARANTEE / WARRANTY AND CORRESPONDING
principal in the same Tender Enquiry.
REPAIRS / REPLACEMENT OF GOODS ............................. 7
13. QUALITY REQUIREMENT ..................................... 7 3. SUBMISSION OF TENDER.
14. VALIDITY…………………………………………………………….8
A) Bid/Quotation must be enclosed in sealed cover on
15. RIGHT OF ACCEPTANCE………………………………………8 which tender enquiry number and the due date MUST
16. TRANSIT INSURANCE .......................................... 8 BE written and be invariably sent under REGISTERED
POST / SPEED POST / COURIER/Dropped in the Tender
17. PHYTOSANITARY CERTIFICATE ............................ 8
Box: addressed as follows: -
18. RISK PURCHASE ................................................... 8
19. FORCE MAJEURE CLAUSE…………………………………..9 Quotation against Enquiry No._______________ Dated:
20. NON-DISCLOSURE AGREEMENT ......................... 9 ____________________
Due on: ___________________
21. SETTLEMENT OF DISPUTES/ARBITRATION…………10
To,
22. INFORMATION TO THE BIDDERS ...................... 10
THE HEAD OF MATERIALS MANAGEMENT,
23. MAKE IN INDIA (GOVT-NOTIFICATION) ............ 10 Heavy Electrical Equipment Plant,
24. RESTRICTIONS UNDER RULE 144(xi)……………………12 HARIDWAR-249403 (Uttarakhand), INDIA.
25. NOTE……………………………………………………………….13
B) TENDER BOX is located at TENDER ROOM, Room No. -
415, 4th Floor, Main Admin. Building, BHEL-HEEP,
Haridwar.
## Quotations / Bids not in accordance with General Instructions and Standard Terms & Conditions are likely to be
ignored.
P a g e | 1 of 13
H) The bidders will submit Integrity Pact, duly signed by its

C) In case of Three / Two Part Bid, technical bid containing authorized signatory, along with their bids wherever
technical offer, duly signed; and un-priced copy of the estimated tender value is Rs. 2 Crore or more.
Price Bid should be kept in one envelope. Price Bid
containing only the price should be kept in a separate I) In case of open tender, technically qualified unregistered
envelope. All envelopes indicating Part-1 or Part-2 or bidders may apply online for registration through
http://www.bhel.com/index.php/vender.
Part-3 as the case may be to be put in a bigger
envelope. Please note that un-priced bid should be the J) BHEL reserves the right to award tendered quantities among
exact replica of price bid but without prices. more than one bidder (after acceptance of L1 price by the
other bidders). BHEL can also consider awarding of part of
D) The bid / quotation must be posted before due date, the tendered quantity to other than L-1 bidder at L1 counter
keeping allowance for postal transit time. Quotations offered rates, if the quantity offered by the L-1 bidder is less
sent by any mode but not received in time will be than the quantity tendered for.
ignored. Tender received through authorized E-mail is
also acceptable. However, in time submission of If the counter offer is to be given to other qualifying
tender in tender box shall be the responsibility of the Vendor(s) (e.g. in case of splitting of order, MSE Vendors or
bidder, sent through any mode. Documents submitted the case of Purchase preference to make in India), then the
with the offer / bid shall be signed and stamped in each basic price for each qualifying vendor has to be calculated
page by authorized representative of the bidder. taking the landed cost of the L1 vendor as reference. Basic
price will be calculated by working backwards from the
E) Any additional documents submitted by supplier / landed cost of L1 vendor in following manners;
bidder, during processing of registration application /
tender or after placement of order shall not be (1) Counter offer in case of MSE Vendor(s) or the case of
accepted unless it is submitted with forwarding letter Purchase preference to make in India:
and duly signed and stamped. Landed cost of L-1 vendor will be reduced by notional
loading of late delivery penalty to the extent the same is not
F) The bids of the bidders who are on the banned list and applicable to the vendor being counter offered. The result
also the bids of the bidders, who engage the services so arrived at will be put as landed cost and basic price to be
of the banned firms, shall be rejected. The cutting / counter offered will be worked backward therefrom in price
overwriting in the bid / offer must be duly attested by structure of the concerned vendor.
the signatories to the bid. The list of firms banned by
BHEL is available on BHEL web site www.bhel.com. (2) Counter offer in case of Splitting:
Landed cost of L-1 vendor will be reduced by custom duty
G) Being PMD vendor, if you are not quoting against this and notional loading of late delivery penalty to the extent
tender enquiry, please send your regret letter the same is not applicable to the vendor being counter
positively for our reference with valid reasons for not offered. The result so arrived at will be put as landed cost
participating in the tender enquiry. Repeated lack of and basic price to be counter offered will be worked
response on the part of bidder may lead to deletion of backward therefrom in price structure of the concerned
such PMD vendor from BHEL’s approved vendor list. vendor.
ignored.
P a g e | 2 of 13
If the basic price so computed is less than the basic price of If these documents are not furnished, the offer is liable to
the L1 vendor, then this basic price shall be counter offered, be rejected.
otherwise the basic price of L1 vendor shall be counter c) Wherever national / international (N/IN) standards are
offered. referred, the latest N/IN standards are to be followed.
Mention year & date of standard revision that shall be
K) BHEL may also reduce the Tender Quantity for offering it to followed for the supply.
Micro & Small Enterprise (MSE) Indian Vendors as per
applicable Government of India rules whose prices are d) All Drawings and Standards are proprietary of BHEL. It must
within 15% of L1 prices as per directives of Government of not be used in anyway detrimental to the interest of BHEL
India. or without permission of BHEL.
L) In case of e-Tendering (Online bidding through e portal),
offline bid submitted in hard copy or in any other form by 6. PRICE SCHEDULE.
the vendor / supplier will not be accepted and will be
rejected out rightly. Only e-portal bid will be accepted. a) Kindly quote your prices in figures and words both. In case
of any discrepancy in value, the prices quoted in words shall
be considered for evaluation and establishing L1 status.
4. TENDER OPENING.
Tender opening is scheduled to start in the Tender Room at b) Prices quoted should not be more than the prices quoted to
2:00 PM, on the due date. Therefore, bid / quotations must any other BHEL units / offices / divisions. Vendor to submit
reach this office / tender Box latest by 1:45 PM on due date. copy of latest Purchase Order placed by any unit of BHEL for
Only participating bidders are allowed to attend tender similar items in the technical bid. In case no order has been
opening. TENDERS RECEIVED AFTER THE SPECIFIED TIME OF placed on such items, specific confirmation that no order
THEIR 'SUBMISSION' WILL BE TREATED AS LATE TENDERS has been placed on such items should be provided.
AND SHALL NOT BE CONSIDERED UNDER ANY
CIRCUMSTANCES. The bidders or their authorized c) Bidders need to quote their prices on CFR any sea port in
representatives may be allowed to attend tender opening if Mumbai or FCA basis to the named airport in
duly authorized by their principals, through a tender specific Euro/USD/JPY/UK Pound/SF/Singapore Dollar or any other
letter on that particular day. General authorization letter is Internationally freely tradable currency only. The name of
not acceptable. the currency should be clearly indicated in your bids.
Note: - Foreign bidders willing to attend the bid opening

d) In case the vendor quotes the prices on CFR basis and BHEL
has to provide the requisite documents to the concerned
accepts the delivery term on CFR, 0.25 % (of CFR
Purchase executives for arranging gate pass for them.
Value) towards port handling charges & 1.5 % (of CFR Value)
towards inland freight or actual freight charges as per BHEL
5. SPECIFICATION, DRAWINGS & STANDARD.
freight rate contract whichever is higher, shall be loaded in
the prices for ascertaining the landed cost to decide the
a) Bidders must give their detailed specification in the
comparative status of the prices.
quotation along with relevant technical literature /
e) However, if BHEL agrees to accept the FOB delivery terms,
catalogue etc. against the tender enquiry.
the FOB prices shall be loaded 2.0% (of FOB Value) towards
b) The Bid should be accompanied with relevant copies of sea freight, 0.25% (of FOB Value) towards port handling
catalogues, drawings or specification as per tender enquiry. charges & 1.5% (of FOB value) towards inland freight for
ignored.
P a g e | 3 of 13
ascertaining the landed cost to decide the comparative h) While submitting your bids please clearly indicate:
status of the prices.
f) Basis of Evaluation for Bid / Quotation in foreign currency: 1. Expected weight of goods (lots wise).
1. Currency exchange rate (TT selling rates of SBI) for 2. The size of packed goods.
evaluation of the bid / quotation received in foreign 3. Whether the goods can be dispatched in containers?
currency will be as follows: 4. Port of Loading.
2. Single part bid – Date of tender opening. 5. Port of Discharge.
3. Two / Three-part bid – Date of part 1 opening.
4. Reverse auction – Date of part-1 opening. 7. REVERSE AUCTION.
Note: - Financial evaluation of L1, L2 ------- status will be on the Wherever RA is declared in the special terms and conditions
basis of Landed Cost to BHEL. of tender enquiry, following shall be applicable and Bidders
to confirm the same:
f1) Currency of Evaluation shall be INR. “BHEL shall be resorting to Reverse Auction (RA) (Guidelines as
available on www.bhel.com) for this tender. RA shall be
g) Evaluation of Indian Agents Commission: conducted among all the techno-commercially qualified
bidders.
1. BHEL prefers to deal directly with foreign bidder, wherever Price bids of all techno-commercially qualified bidders shall be
required, for procurement of Goods. However, if the Foreign opened and same shall be considered as initial bids of bidders
Principal desires to avail services of an Indian Agent then the in RA. In case any bidder(s) do(es) not participate in online
Principal should ensure compliance to applicable guidelines. Reverse Auction, their sealed envelope price bid along with
applicable loading, if any, shall be considered for ranking.”
2. The FOB / CIF price quoted will be deemed to be inclusive of
Indian Agency commission. Agency commission if payable
8. DELIVERY TERMS.
shall be converted to Indian Rupees at TT buying rates of
exchange ruling on tender opening date which shall not be
a) Goods shall be dispatched by sea, unless stated otherwise in
subjected to any further exchange rate variation, as
the tender enquiry or purchase order.
disclosed by the bidder in his quoted FOB / CIF price will be
paid in Indian Rupees on receipt & acceptance of Materials
b) Specifically confirm your agreement to change the mode by
or it’s installation at destination, as the case may be. The
Air at BHEL's request as per mutually agreed terms even after
lower of the TT buying rate prevailing on the date of
placement of Purchase Orders.
technical bid opening shall be considered for computation
of Agency commission.
c) The Trans-shipment is not permissible in case of Break Bulk
Cargo. In rest of the case Trans-Shipment condition in BHEL
3. In a tender either the Indian Agent on behalf of Principal /
purchase order / letter of credit will be as per Uniform Custom
OEM or the Principal / OEM itself can bid, but both cannot
and Practice for documentary credits, UCP 600 of
bid simultaneously for same item / product in the same
International Standard Bank proceed re-issued by
Tender. If both OEM and its authorized agent submit their
International chamber of Commerce (ICC).
bids separately in that case only the offer of OEM can be
considered as an exception.
ignored.
P a g e | 4 of 13
d) Any demurrage / Godown Rent payable to the Port

Authorities due to any delay attributed by the supplier will l) The invoices being issued by shipping lines must be in the
be recovered from supplier’s account. name of BHEL. Any loss in GST due to submission of
discrepant document will be recovered from supplier /
e) A certificate of origin (COO) sanctioned in country of origin vendor.
from chamber of commerce of the manufacturing country is
to be provided mandatorily. However, a certificate of origin m) While booking the shipment, bidder to also finalize
(COO) from the countries under the restricted list of Govt. destination charges and the same should appear over BL or
of India will not be acceptable. agreed tariff to be provided to BHEL before arrival of
shipment.
f) For reasons of delay in receipt of documents from suppliers
or due to the same being found to be incomplete, and / or n) If cargo is stuffed in container, then the same should be
faulty, the suppliers shall be responsible to reimburse in all allowed to be moved to CFS of importers choice without any
demurrages / wharfages, if any paid by BHEL (for stated additional charges.
reasons).
o) NNDs (Non Negotiable Documents) (preferably with OBLs)
g) Load port charges shall be settled by the supplier and not be should be sent to BHEL as detailed in para “p” (below), at least
passed on to BHEL in form of destination charges. 7 days in advance i.e. 7 days before the arrival of vessel so as
to enable BHEL to move the containers to JWC CFS.
h) In the event of bidder offering CFR delivery terms for
delivery in FCL (Full Container Load), the bidder shall provide p) Information related to OBL / AWB Documents:
21 days’ time free of detention for General Purchase
I. Consignee name and address should be same as mentioned in
Container / High Cube Container and 14 days for the other
the Purchase order.
types from the date of delivery at delivery port. Wherever
the detention free period offered is less than the above II. Notify party: Name and address will be as follows :( For
specified period, the consequential cost at port of clearance discharge port Mumbai or Nhava Sheva)
shall be to the account of the bidder. Number of detention Bharat Heavy Electricals Limited
free days must be mentioned on Bill of Lading (BL). 14th Floor World Trade Centre-1, Cuffe Parade, Colaba,
Mumbai -400005
i) In case of CFR delivery, Port congestion charges or any Email: msseahwr@bhel.in & ppximx@bhelh.in (in case of Sea
Shipments)
additional charges claimed by shipping line till delivery at
Email: msair@bhel.in and ppximx@bhel.in (in Case of Air
destination port shall be to the bidder’s account.
shipments)
For latest updating please refer our web site:
j) The shipping line should be ready to move the containers to
https://hwr.bhel.com
consignees nominated CFS (Container Freight Station) yard
and Indian agent of shipping line should issue Cargo Arrival III. OBL should clearly mention the Indian agent address and
Notice (CAN) 7 days in advance for filing the IGM (Import contact details.
General Manifest) at discharge port. IV. OBL should be issued as per UCP 600.
k) In case of CFR contract, bidder to supply the material V. In case of shipments other than FOB, OBL should mention
through a Certified Sea worthy vessel. the container detention free period.
ignored.
P a g e | 5 of 13
and not attributable to BHEL will be considered for

VI. In case of placement of an Order, BHEL requests bidder to application of LD”.
supply one Original Bill of Lading / AWB directly to BHEL-
Mumbai office (Address at Para “p-II”) with other non- c) Bidders are requested to quote the best delivery meeting the
negotiable documents to ensure timely clearance of goods. delivery requirements. BHEL reserves the right to reject the
The other Original Bill of Ladings (BL) may be routed offers not meeting BHEL's delivery requirement.
through bank based on the other agreed terms and
conditions of purchase order. d) Commencement of delivery period shall be reckoned from the
date of PO / LOI or any other agreed milestone.
9. LIQUIDATED DAMAGES (LD) FOR LATE DELIVERY.
e) Bidder shall deliver the goods in the manner and schedule
a) Where items of Purchase Order are independently usable. agreed under the terms and conditions of Purchase order.
Liquidated Damages (LD) for Late Deliveries shall be
f) The delivery date for LD purpose will be the Bill of Lading
applicable @0.5% per week or part thereof on the value of
respective delayed supplies subject to a maximum of 10% of Date/Air way bill.
the value of respective delayed supplies. Value of delayed
supplies will mean the Gross Value payable to the vendor g) Payment of Liquidated Damages (LD) shall not in any way
(Before LD) against such supplies excluding taxes and duties. relieve the vendor from any of its obligations & liabilities
under the contract.
b) Where the total items are required for a main equipment
and items are interdependent. 10. PAYMENT TERMS.
Liquidated Damages (LD) for Late Deliveries shall be
applicable @0.5% per week or part thereof on total value of a) BHEL’s standard payment term is Payment after Receipt and
Purchase Order subject to maximum of 10% of the total Acceptance of Material / Item at HEEP, BHEL-Store or at
value of Purchase Order. Purchase Order value for this desired destination unless otherwise specified in Special
purpose shall be the Total Gross Value payable to the vendor Terms attached to the tender enquiry.
(Before LD) excluding taxes and duties.
b) BHEL reserves the right to accept or reject the offer of the
“In case of CFR shipment where BHEL accepts the date of
bidder who quotes the payment term other than BHEL’s
inspection as the date of delivery for the purpose of LD, the
standard payment term.
vendor has to ensure the shipment within 30 days for
containerized cargo and 45 days maximum for Break bulk
c) Where the payments are through bank, the documents may
cargo from the date of inspection. Any delay, beyond this
be presented for negotiation through BHEL designated banks
period, which is not attributable to BHEL shall be considered
which will be specified in Purchase order. Documents should
for application of LD.”
be submitted within 5 days of vessel sailing and receipt of OBL
from shipping line.
“In case of FOB shipment, vendor has to intimate the
readiness of cargo after inspection to BHEL nominated
d) In case BHEL agrees for payment through LC, the same shall
Freight forwarder minimum 15 days in advance for
be irrevocable, unconfirmed and will be opened 30 days prior
containerized cargo and 30 days in advance for Break bulk
to the scheduled delivery and will be valid for a period of 60
cargo before the FOB delivery date. The delay in shipment
days.
due to late intimation to BHEL nominated freight forwarder
ignored.
P a g e | 6 of 13
consortium banks and the bank charges for such confirmation

e) In case of payment after receipt and acceptance of material, will be borne by the bidder.
100% payment will be made within 75 days from the date of
invoice subject to submission of non-discrepant documents
within 15 days of supply as per terms and conditions of
12. GUARANTEE / WARRANTY AND CORRESPONDING
Purchase Order. In case any discrepancy found in the
documents, BHEL will notify the same to vendor within 7 days REPAIRS / REPLACEMENT OF GOODS.
of receipt. Vendor has to clear all the discrepancies in one go
within 7 days thereafter else the payment may get delayed. a) Goods shall comply with the specifications for material,
workmanship and performance. Unless otherwise specified,
The loading criteria for the different payment terms shall be the warranty shall be for a period of 18 months from the date
as under; of receipt. If the delivery is found non-compliant during the
warranty period, leading to rejection, the Seller shall arrange
Payment Terms Days of
Loading free replacement / repair of goods, within one month from
After Receipt & Acceptance of No Loading the date of intimation or any mutually agreed period. The
material within 75 days of supply. rejected goods shall be taken away by the Seller at his cost
Against Delivery at BHEL-Stores 45 and replaced on Delivered Duty Paid (DDP) (FOR - BHEL Stores
Haridwar. / designated destination basis) within such period. In the
Against documents through bank 45 event of the Seller’s failure to comply, Purchaser may take
(CAD): action as appropriate, including Repair / Replenish rejected
Letter of Credit (LC) 120 goods & disposal of rejections, at the risk & cost of the Seller.
No Loading if usance period is > 120 In case the defects attributable to Seller are detected during
Days.
processing of the goods at BHEL or at our subcontractor’s
Usance LC Loading of days difference i.e difference
works, the Seller shall be responsible for free replacement /
between 120 days and usance period if
the usance period is < 120 days. repair of the goods as required by BHEL.
Advance Delivery Period + 120 Days -Advance
Payment Days b) In case the material is rejected, then date of replacement will
be considered as the actual date of delivery.
11. BANK GUARANTEE. c) The bidder shall have to pay 5% incidental charges while
taking back supplied material if it is found rejected on receipt.
In case the bank guarantees are required to be deposited
The rejected material shall be sent back only after receipt of
towards security deposit / performance guarantee or for any
replacement /submission of BG/refund of amount paid.
other purpose as per the terms of this tender enquiry, such
bank guarantees of the requisite value in the denominated
currency of the purchase order should be from one of the
Indian branch of BHEL consortium banks and the bank 13. QUALITY REQUIREMENT.
guarantee should be in the proforma as prescribed by BHEL.
The proforma of bank guarantee and the list of consortium Your bid/quotation should have specific confirmation
banks are displayed at BHEL website www.bhelhwr.co.in. regarding meeting all our quality requirements such as. (i)
However, in case the bank guarantee is not from BHEL Test Certificate (TC), (ii) Guarantee Certificate (GC) / Warranty
consortium banks, then the bidder has to get the bank Certificate (WC), (iii) Quality Plan (QP) (if applicable); and (iv)
guarantee confirmed from one of the Indian branch of BHEL Pre-Dispatch Inspection at your works (if applicable).
ignored.
P a g e | 7 of 13
14. VALIDITY. f) BHEL reserves the right to short close the existing Purchase
Order / Rate Contract / Work Order or any extension thereof
The quotation should be valid for a minimum period of 90 at any stage.
days effective from the date of opening of tender, unless
otherwise specified in the tender enquiry. 16. TRANSIT INSURANCE.
15. RIGHT OF ACCEPTANCE. a) Transit Insurance will be covered by BHEL under its open
Marine Insurance Policy. Seller shall inform dispatch
a) BHARAT HEAVY ELECTRICALS LIMITED HARIDWAR reserves particulars (Purchase Order, RR/GR/BL/ AWB, Invoice value
the right to reject any or all the bids / quotations without etc.) to Finance department (Store bill Section), BHEL Ranipur
assigning any reason thereof. BHEL also reserves the right to Haridwar (Uttarakhand -India) with value of consignment to
increase or decrease the tendered quantities. Bidders the Purchaser within 07 days of dispatch for BHEL to arrange
should be prepared to accept order for reduced quantity insurance coverage in its policy. Failure on the part of seller to
without any extra charges. inform dispatch particulars will make him liable to pay for any
transit damages / losses suffered by the Purchaser.
b) Any discount / revised offer / bids submitted by a bidder on
its own shall be considered, provided it is received on or b) If Quoted Prices are inclusive of transit insurance, no
before the due date and time of offer / bid submission (Part- weightage shall be given while evaluating the bids for Cost
1). Conditional discounts shall not be considered for of Insurance, being in BHEL Scope.
evaluation of tenders.
17. PHYTOSANITARY CERTIFICATE:
c) Unsolicited discounts / revised offers / bids given after Part-
1 bid opening shall not be accepted. No change in price will a) As per the Indian Law, all consignments being imported into
be permitted within the validity period asked for in the India by air / sea require a phytosanitary certificate from the
tender enquiry. country of origin-if articles have been packed with wooden
packaging materials. This is mandatory. Please confirm in
d) In case of changes in scope and / or technical specification your offer / dispatch documents that the required
and / or commercial terms & conditions having price phytosanitary certificate will be submitted.
implication, techno-commercially acceptable bidders shall
be asked by BHEL to submit the impact of such changes on b) Packaging material means any kind of material of plant
their price bids. In case a bidder opts to submit revised price origin used for packing which include hay, straw wood
bid instead of impact called for, then latest price bid shall shavings, wood chips, saw dust, wood waste, wooden
prevail. However, in both situations, original price bid will be pallets, dunnage mats, wooden packages, coir pith, peat or
necessarily opened. sphagnum moss etc.
e) The bidder whose bid is technically not accepted will be 18. RISK PURCHASE.
informed & EMD wherever submitted shall be returned
after finalization of contract. EMD shall be forfeited in the In case of abnormal delays (beyond the maximum late delivery
event of bidder opting out after tender opening. period as per LD clause) in supplies / defective supplies or non-
fulfillment of any other terms and conditions given in Purchase
Order, BHEL may cancel the Purchase Order in full or part
ignored.
P a g e | 8 of 13
thereof, and may also make the purchase of such material from i) Change in law/ government. Regulation making the
elsewhere / alternative source at the risk and cost of the performance impossible.
supplier. BHEL will take all reasonable steps to get the material j) Pandemic or Epidemic.
from alternate source at optimum cost. If bidder does not agree
to the above Risk Purchase Clause, BHEL reserves the right to The party claiming to be affected by force majeure shall notify
reject the offer. In case for compelling reasons BHEL accepts the the other party in writing immediately without delay on the
offer without acceptance of this clause by the bidder and in the intervention and on the cessation of such circumstances.
eventuality of Risk Purchase, appropriate action will be taken as
Irrespective of any extension of time, if an event of force
per BHEL extant rules. This will be without prejudice to any
majeure occurs and its effect continues for more than 180 days
other right of BHEL under the contract or under General Law.
the affected party shall have right to cancel the contract.
19. FORCE MAJEURE CLAUSE.
As soon as reasonably practicable following the date of
commencement of a Force Majeure Event, and within a
Notwithstanding any other thing contained anywhere else reasonable time following the date of termination of a Force
in the contract or PO (Purchase Order), In case the discharge Majeure Event, either Party invoking it shall submit to the other
of obligation under the contract by either party is impeded Party reasonable proof of the nature of the Force Majeure
or made unreasonably onerous, neither party shall be Event and of its effect upon the performance of the Party's
considered in breach of the contract to the extent that obligations under this Agreement.
performance of their respective obligation is prevented by
an event of Force Majeure that arises after the effective The party shall, and shall ensure that its Subcontractors shall, at
date (PO date). all times take all reasonable steps within their respective
powers and consistent with Good Operating Practices (but
In the above clause, Force Majeure means an event beyond without incurring unreasonable additional costs) to:
the control of the parties to the contract which prevents a
party from complying with any obligation of the contract a) Prevent Force Majeure Events affecting the
including but not limited to: performance of the party's obligations under this
Agreement;
b) mitigate the effect of any Force Majeure Event; and
a) Act of God (Such as but not limited to earthquake, drought,
c) Comply with its obligations under this Agreement.
tidal waves, floods etc.).
b) War (whether war be declared or not), Hostilities Invasion,
Act of foreign enemy etc. If the war like situation has developed in a country where a
c) Rebellion, revolution, insurrection, civil war etc. seller’s works is located in the P.O. or there is political instability
d) Contamination of Radio Activity from any nuclear fuel or and Indian Embassy located in that country forbids or advises
from any other nuclear waste or any other hazardous for not having any business dealing with the sellers located in
materials. such zone / region/ country, then BHEL reserves the right to
e) Riots, commotions, strike unless restricted to the cancel the order.
employees of supplier.
f) Acts of terrorism. 20. NON-DISCLOSURE AGREEMENT.
g) Other unforeseeable circumstances beyond the control of
the parties and which the affected party cannot avoid even All Drawing and Technical Documents relating to the product or
by using its best efforts. it’s manufacture submitted by one party to the other, prior or
subsequent to the formation of contract, shall remain property
h) Cancellation of contract by customer.
of the submitting party. Drawing, technical documents or other
ignored.
P a g e | 9 of 13
technical information received by one party, shall not without b) Intimate your change in mail address or
the consent of the other party, be used for any other purpose communication address or changes, if any, by email to
than that, for which they were provided. Such technical AGM (SDX/MM) giving your bidder Code.
information shall not without the consent of the submitting
party, otherwise be used or copied, reproduced, transmitted or c) Please resolve your rejections and unexecuted
communicated to a third party. Patterns supplied by BHEL will overdue purchase order immediately which are posted
at our B2B Portal, which can be visited through our site
remain BHEL's property which shall be returned by the bidder
https://hwr.bhel.com.
on demand to BHEL. Bidder shall in no way share or use such
intellectual property of BHEL to promote his own business with d) Copy of this Tender Enquiry is being sent through the
others or to gain a commercial advantage. BHEL reserves the post/ Courier / E-mail or by any existing means.
right to claim damages from the bidder, or take appropriate
action as deemed fit against the bidder, for any infringement of e) Invoice description and Unit of measurement should
the provisions contained herein as available under law or be strictly in accordance with Purchase order.
equity.
f) Unit of measurement for dimension and weight should
21. SETTLEMENT OF DISPUTES/ARBITRATION. be in metric system only.
Any dispute/difference arising out of or in connection with this g) The Bidder declares that they will not enter into any
contract, including any question regarding its existence, validity illegal or undisclosed agreement or
or termination, shall be referred to and finally resolved by understanding, whether formal or informal with
arbitration under the Arbitration and Conciliation Act, 1996 of other bidder(s). This applies in particular to prices,
specifications, certifications, subsidiary contracts,
India by a Sole Arbitrator to be appointed with mutual consent
submission or non-submission of bids or any other
of the parties. Such Sole Arbitrator shall be either a retired
actions to restrict competitiveness or to introduce
judge of Supreme Court or High Court or District Court of India cartelization in the bidding process.
or some Advocate having practiced in Indian Courts. The seat or In case, the bidder is found having indulged in above
place of arbitration shall be New Delhi, India. The language to activities, suitable action shall be taken by BHEL as per
be used in the arbitration shall be English. The governing law of extant policies/ guidelines.
the contract shall be the substantive law of India. In case the
parties fail to agree on the appointment of arbitrator within 2 h) Supplier must upload digitally signed e-Invoice on B2B
months of the notice invoking arbitration by one party, then the portal for processing of Bills.
arbitrator shall be appointed in accordance with the Arbitration In other cases, inked signed hard copy of Invoice to be
and Conciliation Act, 1996 of India. submitted for processing of Bills.
JURIDICTION: The courts of New Delhi, India, shall have

exclusive jurisdiction. 23. MAKE IN INDIA (GOVT-NOTIFICATION).
22. INFORMATION TO THE BIDDERS. A. This tender enquiry shall be governed by notification no. P-
a) Purchase related information is available at our 45021/2/2017-PP (BE-II) dated 04.06.2020 of government
Business-to-Business (B2B) Portal available on our of INDIA and subsequent circulars issued afterwards.
website https://hwr.bhel.com.The user ID & password Accordingly, the minimum local content, the margin of
can be obtained by sending a request to concerned purchase preference and the procedure for preference to
purchase executives. make in INDIA shall be adhered.
B. The margin of purchase preference shall be 20%.
ignored.
P a g e | 10 of 13
 ‘Class-I local Supplier’ means a supplier or service supplier’, the contract for full quantity will
provider, whose goods, services or works offered for be awarded to L1.
procurement, has local content equal to or more than ii. If L1 bid is not a ‘Class-I local supplier’, 50% of
50%, as defined under this order. the order quantity shall be awarded to L1.
 ‘Class-II local Supplier’ means a supplier or service Thereafter, the lowest bidder among the
provider, whose goods, services or works offered for ‘Class-I local supplier’ will be invited to match
the L1 price for the remaining 50% quantity
procurement, has local content more than 20% but
subject to the class-I local supplier’s quoted
less than 50%, as defined under this order.
price falling within the margin of purchase
 ‘Non- local Supplier’ means a supplier or service preference, and contract for that quantity
provider, whose goods, services or works offered for shall be awarded to such ‘Class-I local
procurement, has local content less than or equal to supplier’ subject to matching the L1 price. In
20%, as defined under this order. case such lowest eligible ‘Class-I local
supplier’ fails to match the L1 price or accepts
C. Vendor to specifically confirm if they are Class-I or Class-II less than the offered quantity, the next higher
local supplier or not as per above mentioned notification. ‘Class-I local supplier’ within the margin of
Accordingly, the ‘Class-I local supplier’/ ‘Class-II local purchase preference shall be invited to match
Supplier’ at the time of tender, bidding or solicitation shall the L1 price for remaining quantity and so on,
be required to indicate percentage of local content and and contract shall be awarded accordingly. In
provide self-certification that the item offered meets the case some quantity is still left uncovered on
local content requirement for ‘Class-I local supplier’/ ‘Class- Class-I local supplier, then such balance
II local Supplier’, as the case may be. They shall also give quantity may also be ordered on the L1
details of the location(s) at which the local value addition is bidder”.
made. b. In the procurements of goods or works, which are
covered by para 3(b) of mentioned Govt. circular
D. In cases of Procurement for a Value in Excess of Rs. 10 and which are not divisible in nature, and in
Crores, the ‘Class-I local supplier’/ ‘Class-II local Supplier’ procurement of services where the bid is evaluated
shall be required to provide a Certificate from the Statutory on price alone, the ‘class-I local supplier’ shall get
Auditor or Cost Auditor of the Company (in the case of purchase preference over ‘Class-II supplier’ as well
companies) or from a practicing Cost Accountant or as ‘Non-local supplier’, as per following procedure:
practicing Chartered Accountant (in respect of suppliers i. Among all qualified bids, the lowest bid will
other than companies) giving the percentage of Local be termed as L1. If L1 is ‘Class-I local
Content. supplier’, the contract will be awarded to
L1.
E. Requirement of Purchase Preference: ii. If L1 is not ‘Class-I local supplier’, the
Purchase preference shall be given to ‘Class-I local supplier’ lowest bidder among the ‘Class-I local
in procurements undertaken by procuring entities in the supplier’, will be invited to match the L1
manner specified hereunder - price subject to Class-I local supplier’s
a. In the procurements of goods or works, which are quoted price falling within the margin of
covered by para 3(b) of mentioned Govt. circular purchase preference, and the contract
and which are divisible in nature, the ‘class-I local shall be awarded to such ‘Class-I local
supplier’ shall get purchase preference over ‘Class- supplier’ subject to matching the L1 price.
II supplier’ as well as ‘Non-local supplier’, as per iii. In case such lowest eligible ‘Class-I local
following procedure: supplier’, fails to match the L1 price, the
i. Among All qualified bids, the lowest bid will ‘Class-I local supplier’ with the next higher bid
be termed as L1. If L1 is ‘Class-I local within the margin of purchase preference
ignored.
P a g e | 11 of 13
shall be invited to match the L1 price and so Note: L1 Price refers to lowest evaluated / landed cost to
on and contract shall be awarded accordingly. Company.
In case none of the ‘Class-I local supplier’
within the margin of purchase preference For Further details, please refer GOI order no. P-45021 / 2 /
matches the L1 prices, the contract may be 2017 - PP (BE-II) dated 04.06.2020.
awarded to the L1 bidder.
24. RESTRICTIONS UNDER RULE 144(XI) OF THE GENERAL
c. ‘Class-II local supplier’ will not get purchase preference FINANCIAL RULES (GFRs), 2017
in any procurement, undertaken by procuring entities.
All provisions of Order No. F.No.6/18/2019-PPD of Department
F. For this procurement, the local content to categorize a of Expenditure (DoE) shall be applicable for this tender enquiry
supplier as a Class-I local supplier/ Class-II local supplier/ (Order copy is available at https://doe.gov.in/procurement-
Non-local supplier and purchase preference to Class-I local policy-divisions). Accordingly, any bidder from a country which
supplier, is as defined in Public Procurement (Preference to
shares a land border with India (except the countries to which
Make in India), Order 2017 dated 04.06.2020 issued by
the Govt. of India has extended lines of credit or in which the
DPIIT. In case of subsequent orders issued by nodal
ministry, changing the definition of local content for the Govt. of India is engaged in development projects for which list
items of the NIT, the same shall be applicable even if issued is available at https://www.mea.gov.in/) will be eligible to bid
after issue of this NIT, but before opening of Part-II bids in this tender only if the bidder is registered with the Competent
against this NIT. Authority as specified in Annex I of the said Order of DoE.
Updated list of the countries to which lines of credit have been

G. Procurements where estimated value to be procured is less
than Rs. 5 lakhs shall be exempted from GOI order No. P- extended or in which development projects are undertaken are
45021/2/2017-PP (BE-II) dated 04.06.2020. available on the Ministry of External affairs website
(https://www.mea.gov.in/)
H. For procurement of Goods & Services which are divisible in
For the purpose of this order, definition of Bidder from a
nature, following shall be operated for MSE bidders under
Public procurement Policy for the Micro and Small country which shares a land border with India shall be same as
Enterprises (MSEs) Amendment Order, 2019, Ref. No. AA: defined in the Annex III of the said order.
SSP: MSE: Amndt, dtd. 30.11.2018, Circular No. 44 of 2018-
Registration with the competent authority as stipulated in the
19;-
said order is responsibility of bidder. Bidder has to submit a
a. If L1 bid is not from “Class-I local Supplier” and price
certificate certifying following along with offer:
quoted by MSE bidder falls within the margin of Purchase
preference (L1+15% for MSEs), then 25 % of total order "I have read the clause regarding restrictions on procurement
quantity of respective item (rounded off to nearest from a bidder of a country which shares a land border with
number) shall be awarded to MSE bidder, subject to MSE
India; I certify that bidder (…. Name of Bidder) is not from such
bidder matching the L1 Price. Out of Remaining 75%
a country or, if from such a country, has been registered with
quantity, distribution shall be operated as per below sub-
clause (2) – the Competent Authority. I hereby certify that bidder (…..Name
of bidder) fulfils all requirements in this regard and is eligible to
b. If “Class- I Local Supplier” (Next to L1, other than MSE) be considered"
quoted price falling within the Margin of Purchase
If the bidder is from such country which shares a land border
Preference, and “Class-I local supplier” matches the L1
with India evidence of valid registration by the Competent
price, then 50% of remaining Quantity (after allocation of
Authority shall also be attached along with offer.”
25% to MSE) i.e. 37.5% shall be awarded to local supplier
and 37.5% shall be awarded to foreign bidder.
ignored.
P a g e | 12 of 13
25. NOTE. shooting, serving , overhaul, renovation and retrofitting , trial

operation, performance guarantee testing undertaken by the
a) Special conditions of enquiry, if enclosed by BHEL, will company or during any works / during working at BHEL Units/
supersede the respective standard/general terms of Offices/ townships and premises/ project sites.
enquiry.
3. Compensation in respect of each of the victims:
b) Any other Standard terms and Conditions of the bidder (i) In the event of death or permanent disability resulting from
attached/referred against the tender enquiry will be treated Loss of both limbs: Rs. 10,00,000/-(Rs. Ten Lakh).
as null and void ab initio. (ii) In the event of other permanent disability: Rs. 7,00,000/-
(Rs. Seven Lakh).
c) In order to protect the commercial interests of BHEL, it
becomes necessary to take action against suppliers / Permanent Disablement: A disablement that is classified as a
contractors by way of suspension of business dealings, who permanent total disablement under the proviso to Section 2(I)
either fail to perform or are in default without any of the Employees Compensation Act, 1923.”
reasonable cause, cause loss of business / money /
reputation, indulged in malpractices, cheating, bribery, f) The bidder shall be in compliance with applicable laws, rules
fraud or any other misconducts or formation of cartel so as and regulations throughout the terms of the contract for
to influence the biding process or influence the price etc. conducting its business generally and to perform its
Guide- lines for Suspension of Business Dealings with obligations under this contract.
Suppliers / Contractors shall prevail over which is available
at BHEL website http://www.bhel.com
d) The bidder along with its associate / collaborators / sub-

contractors / sub-vendors / 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 fraud or
suspected fraud as soon as it comes to their notice.
e) “BHEL shall recover the amount of compensation paid to

victim(s) by BHEL towards loss of life / permanent disability
due to an accident which is attributable to the negligence of
contractor, agency or firm or any of its employees as detailed
below;
1. Victim: Any person who suffers permanent disablement or

dies in an accident as defined below.
2. Accident: Any death or permanent disability resulting solely
and directly from any unintended and unforeseen injurious
occurrence caused during the manufacturing / operation and
works incidental thereto at BHEL factories/ offices and
precincts thereof , project execution , erection and
commissioning, services, repairs and maintenance, trouble
ignored.
P a g e | 13 of 13
For Indian Bidders (Version June-2021, Rev: 06)
27. NOTE...................................................................... 12
Table of Contents
1. GENERAL ..................................................................... 1
2. ORIGIN OF QUOTATION .............................................. 1 1. GENERAL.
3. SUBMISSION OF TENDER ............................................ 1

These general terms & conditions shall apply to all the Tender
4. TENDER OPENING ....................................................... 2 Enquiries, notice inviting tenders, request for quotations
concerning the supply of goods and / or rendering of services to
5. SPECIFICATION, DRAWINGS & STANDARD ................. 2
Bharat Heavy Electricals Ltd., HEEP, Haridwar (hereinafter
6. PRICE SCHEDULE ......................................................... 3 referred to as BHEL or the Purchaser). In case of placement of
7. REVERSE AUCTION ...................................................... 3 order these conditions will become part of Purchase Order (P.O)
until unless the deviations are specifically agreed by BHEL.
8. DELIVERY TERMS ......................................................... 3
9. LD FOR LATE DELIVERY ................................................ 4 2. ORIGIN OF QUOTATION.
10. PAYMENT TERMS .................................................... 4 a) The quotation should preferably be from the principal bidder.
11. TAXES & DUTIES ...................................................... 5 However tender specific authorized registered dealer/agent
can also submit the bid on their behalf, failing which the
12. BANK GUARANTEE .................................................. 6
quotation is liable to be ignored. BHEL prefers to deal directly
13. GUARANTEE / WARRANTY AND CORRESPONDING with the principal manufacturers.
REPAIRS / REPLACEMENT OF GOODS ................................. 6
b) An agent cannot quote on behalf of more than one principal
14. QUALITY REQUIREMENT ......................................... 6 in the same Tender Enquiry.
15. VALIDITY .................................................................. 6
3. SUBMISSION OF TENDER.
16. RIGHT OF ACCEPTANCE ........................................... 6
17. TRANSIT INSURANCE ............................................... 7 a) Bid / Quotation must be enclosed in sealed cover on which
tender enquiry number and the due date MUST BE written
18. RISK PURCHASE ....................................................... 7
and be invariably sent under REGISTERED POST / SPEED POST
19. FORCE MAJEURE CLAUSE ........................................ 7 / COURIER / Dropped in the Tender Box: addressed as follows:
20. NON-DISCLOSURE AGREEMENT.............................. 8 -
21. SETTLEMENT OF DISPUTES / ARBITRATION ............ 8 Quotation against Enquiry No._______________

Dated: ____________________
22. WHARFAGE / DEMURRAGE RESPONSIBILITY .......... 8 Due on: ___________________
To,
23. CONDITIONS FOR AVAILING MICRO & SMALL
ENTERPRISES (MSE’S) BENEFITS.......................................... 8 THE HEAD OF MATERIALS MANAGEMENT,
Heavy Electrical Equipment Plant,
24. INFORMATION TO THE BIDDERS ........................... 10
25. MAKE IN INDIA (GOVT-NOTIFICATION)................. 10 HARIDWAR-249403 (Uttarakhand), INDIA.
26. RESTRICTIONS UNDER RULE 144(XI) OF THE b) TENDER ROOM is located at: Room No. - 415, 4th Floor, Main
GENERAL FINANCIAL RULES (GFRs), 2017 ......................... 12 Admin. Building, BHEL-HEEP, Haridwar.
## Quotations / Bids not in accordance with General Instructions and Standard Terms & Conditions are likely to be ignored.
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c) In case of Three / Two Part Bid, technical bid containing i) In case of open tender, technically qualified unregistered
technical offer, duly signed and un-priced copy of the Price Bid bidders may apply online for registration through
should be kept in one envelope. Price Bid containing only the http://www.bhel.com/index.php/vender.
price should be kept in a separate envelope. All envelopes
indicating Part-1 or Part-2 or Part-3 as the case may be to be j) BHEL reserves the right to award tendered quantities among
put in a bigger envelope. Please note that un-priced bid should more than one bidder (after acceptance of L1 price by the
be the exact replica of price bid but without prices. other bidders). BHEL can also consider awarding of part of the
tendered quantity to other than L-1 bidder at L1 counter
d) The bid / quotation must be posted before due date, keeping offered rates, if the quantity offered by the L-1 bidder is less
allowance for postal transit time. Quotations sent by any than the quantity tendered for.
mode but not received in time will be ignored. Tender
received through authorized E-mail is also acceptable. k) In case of e-Tendering (Online bidding through e-portal),
However, in time submission of tender in tender box shall be offline bid submitted in hard copy or in any other form by the
the responsibility of the bidder, sent through any mode. vendor / supplier will not be accepted and will be rejected out
Documents submitted with the offer / bid shall be signed and rightly. Only e-portal bid will be accepted.
stamped in each page by authorized representative of the
bidder. 4. TENDER OPENING.
e) Any additional documents submitted by supplier / bidder, Tender opening is scheduled to start in the Tender Room at
during processing of registration application / tender or after 2:00 PM, on the due date. Therefore, bid / quotations must
placement of order shall not be accepted unless it is submitted reach this office / tender Box latest by 1:45 PM on due date.
with forwarding letter and duly signed and stamped. Only participating bidders are allowed to attend tender
opening. TENDERS RECEIVED AFTER THE SPECIFIED TIME OF
f) The bids of the bidders who are on the banned list and also THEIR 'SUBMISSION' WILL BE TREATED AS LATE TENDERS
the bids of the bidders, who engage the services of the banned AND SHALL NOT BE CONSIDERED UNDER ANY
firms, shall be rejected. The cutting / overwriting in the bid / CIRCUMSTANCES. The bidders or their authorized
offer must be duly attested by the signatories to the bid. The representatives may be allowed to attend tender opening if
list of firms banned by BHEL is available on BHEL web site duly authorized by their principals, through a tender specific
www.bhel.com. letter on that particular day. General authorization letter is
not acceptable.
g) Being PMD vendor, if you are not quoting against this tender
enquiry, please send your regret letter positively for our Note: - Foreign bidders willing to attend the bid opening has
reference with valid reasons for not participating in the tender to provide the requisite documents to the concerned
enquiry. Repeated lack of response on the part of bidder may Purchase executives for arranging gate pass for them.
lead to deletion such PMD vendor from BHEL’s approved
vendor list. 5. SPECIFICATION, DRAWINGS & STANDARD.
h) The bidders will submit Integrity Pact, duly signed by its a) Bidders must give their detailed specification in the quotation
authorized signatory, along with their bids wherever along with relevant technical literature / catalogue etc.
estimated tender value is Rs. 2 Crore or more. against the tender enquiry.
b) The Bid should be accompanied with relevant copies of

catalogues, drawings or specification as per tender enquiry.
P a g e | 2 of 13
If these documents are not furnished, the offer is liable to be g) Bidders can dispatch goods through any Indian Bank
rejected. Association approved transporters having their branch at
HARIDWAR / destination. If material is dispatched through
c) Wherever national / international (N/IN) standards are
other than Indian Bank Association approved transporter,
referred, the latest N/IN standards are to be followed.
Mention year & date of standard revision that shall be material to be delivered on door delivery BHEL Stores basis.
followed for the supply.
h) In case of dispatch of material through any other unapproved
d) All Drawings and Standards are proprietary of BHEL. It must transporter, payment shall be made only after receipt of
not be used in anyway detrimental to the interest of BHEL or material and any additional charges payable to the
without permission of BHEL. transporter shall be to the bidder's account.
6. PRICE SCHEDULE.
i) Any demurrage / godown rent payable to the transporter / or
to godown’s owner due to any delay attributed by the supplier
a) Kindly quote your prices in figures and words both. In case of
shall be recovered from supplier’s account.
any discrepancy in value, the prices quoted in words shall be
considered for evaluation and establishing L1 status.
j) Currency of Evaluation shall be INR.
b) Prices quoted should not be more than the prices quoted to NB: Financial evaluation of L1, L2 …..Status will be on the basis
any other BHEL units / offices / divisions. Vendor to submit of Landed Cost to BHEL.
copy of latest Purchase Order placed by any unit of BHEL for
similar items in the technical bid. In case no order has been 7. REVERSE AUCTION.
placed on such items, specific confirmation that no order has
been placed on such items should be provided. Wherever RA is declared in the special terms and conditions
of tender enquiry, following shall be applicable and Bidders
c) Prices should be quoted on F.O.R. Destination basis. Transit to confirm the same:
“BHEL shall be resorting to Reverse Auction (RA) (Guidelines as
insurance shall be arranged by BHEL and not to be included in
available on www.bhel.com) for this tender. RA shall be
the prices. The offers quoted on other than F.O.R destination
conducted among all the techno-commercially qualified bidders.
basis may result in non-consideration of such bids.
Price bids of all techno-commercially qualified bidders shall be
d) In case BHEL accepts the EX-Works prices, such offers will be opened and same shall be considered as initial bids of bidders in
loaded by 1.5% of EX-Works value towards freight or with RA. In case any bidder(s) do(es) not participate in online Reverse
actual freight charges as per BHEL freight rate contract Auction, their sealed envelope price bid along with applicable
whichever is higher. loading, if any, shall be considered for ranking.”
e) In case of Indigenous items covered by DGS & D Rate Contract, 8. DELIVERY TERMS.
the bidders should submit latest valid copy of the rate contract
along with bid / quotation a) Goods shall be delivered on ‘FOR Destination’ basis to the
named destination unless otherwise called for in the tender
f) Applicable IGST / CGST / SGST and any other statutory levy enquiry.
should be indicated separately and clearly in the bid /
quotation. b) Loading on account of 3rd party inspection charges in case of
Indian bidders shall be 0.20%.
P a g e | 3 of 13
i) Payment of Liquidated Damages (LD) shall not in any way relieve

9. LIQUIDATED DAMAGES (LD) FOR LATE DELIVERY. the vendor from any of its obligations & liabilities under the
contract.
a) Where items of Purchase Order are independently usable.
Liquidated Damages (LD) for Late Deliveries shall be applicable 10. PAYMENT TERMS.
@0.5% per week or part thereof on the value of respective
delayed supplies subject to a maximum of 10% of the value of
a) BHEL’s standard payment term is Payment after receipt and
respective delayed supplies. Value of delayed supplies will
acceptance of materials / items at HEEP, BHEL-Store or at
mean the Gross Value payable to the vendor (Before LD)
desired destination unless otherwise specified in Special
against such supplies excluding taxes and duties.
Terms attached to the tender enquiry.
b) Where the total items are required for a main equipment
b) BHEL reserves the right to accept or reject the offer of the
and items are interdependent.
bidder who quotes the payment term other than BHEL’s
standard payment term.
Liquidated Damages (LD) for Late Deliveries shall be applicable
@0.5% per week or part thereof on total value of Purchase
c) Loading on account of deviation in payment terms shall be
Order subject to maximum of 10% of the total value of done as per extant rules of BHEL-Haridwar.
Purchase Order. Purchase Order value for this purpose shall
be the Total Gross Value payable to the vendor (Before LD) d) 100% payment along with taxes, freight & insurance will be
excluding taxes and duties. made after receipt and acceptance of material and within 75
days from the date of invoice subject to submission of non-
c) Bidders are requested to quote the best delivery meeting the discrepant documents within 15 days of supply as per terms
delivery requirements. BHEL reserves the right to reject the and conditions of Purchase Order. In case any discrepancy
offers not meeting BHEL's delivery requirement. found in the documents, BHEL will notify the same to vendor
within 7 days of receipt. Vendor has to clear all the
d) Commencement of delivery period shall be reckoned from the discrepancies in one go within 7 days thereafter else the
date of PO / LOI or any other agreed milestone. payment of vendor may get delayed.
e) Bidder shall deliver the goods in the manner and schedule e) For MSEs (covered under MSME Act) which are registered and
agreed under the terms and conditions of Purchase order. periodically renewed with BHEL, the payment will be made
within 45 days or as prescribed in the relevant act.
f) DELIVERY IN CASE OF REJECTION: In case the material is
f) Adherence to the above time schedule of payment is
rejected, then date of replacement will be considered as the contingent upon Vendor complying with GST Rules w.r.t
actual date of delivery. availment of Input Tax Credit by BHEL.
g) DELIVERY AGAINST BANK DOCUMENTS: In case payment g) In case GST credit is delayed / denied to BHEL, due to non /
terms quoted by bidder are documents through bank, and the delayed receipt of goods and / or tax invoice or expiry of the
timeline prescribed in GST Law for availing such ITC, or any
delivery terms being “FOR Haridwar / FOR Transporter Go-
other reason not attributable to BHEL, GST amount shall be
down” then date of delivery will be date of intimation by recoverable from Vendor along with interest levied / leviable
transporter / bidder of delivery of material at Haridwar for the on BHEL.
LD purpose.
h) The taxes and duties that are reimbursed would be the ones
h) Where the payments are through bank, the documents may be applicable as on the contractual Purchase order delivery date
presented for negotiation to BHEL authorized / nominated bank. or the amount actually paid whichever is less.
P a g e | 4 of 13
i) The loading criteria for the different payment terms shall be BHEL-Haridwar on matching of vendor inputs at GST portal,
as under; ensuring availability of input credit to BHEL Haridwar.
Payment of GST will be made to vendor after matching of
Payment Terms Days of input credit and vendor to ensure submission of their invoices
Loading
along with consent to accept payment of tax after such
After Receipt & Acceptance of No Loading
material within 75 days of supply. matching in all cases where bills are submitted directly to
Against Delivery at BHEL-Stores 45 BHEL-Haridwar or through bank or under LC or through any
Haridwar. other mode.
Against documents through bank 45
(CAD): f) In the event of any disallowance of input credit or applicability
Letter of Credit (LC) 120 of interest or any other financial liability arises on BHEL-
No Loading if usance period is > 120 Days. Haridwar due to any default of supplier under GST, such
Loading of days’ difference i.e. difference implication shall be to supplier’s account.
Usance LC between 120 days and usance period if the
usance period is < 75 days.
Advance Delivery Period + 120 Days - Advance g) In the event of any change in the status of the vendor after
Payment Days. the submission of the bid but before the supply, GST
applicable at the time of supply or in the bid, based on the
registration status of the vendor, whichever is lower shall be
payable.
11. TAXES & DUTIES.
a) The bidder to specify in their offer (part 1 bid) the category of h) Where ever applicable If PAN (Permanent Account Number)
their registration under GST like Registered, Unregistered and of the recipient is not available, income tax is deductible either
at the normal rate or at the rate of 20 percent, whichever is
composite dealer.
higher as per Section 206AA of Indian Income Tax Act 1961.
b) The provisional GST registration number of Bharat Heavy

i) The bidder shall clearly indicate HSN (Harmonised System
Electrical Ltd, Heavy Electricals Equipment Plant, Ranipur,
Nomenclature) / SAC (Service Accounting Code), its
Haridwar is “05AAACB4146P1ZL” with state Code as “05” and
description and applicable rate of GST for each item in his
State Name as “Uttarakhand”.
techno-commercial bid.
c) Please quote our provisional GST registration number in all

j) Statutory Variation in Taxes & duties as applicable at the time
invoices raised for supply of goods and services under GST
of supply shall be payable. However, in the event of no change
regime and also ensure filing of timely return and payment of
in law but bidder quoting certain tax structure in bid
tax and compliance of other applicable provisions on supplier
document which is lower than the applicable one, such
under GST regime.
amount shall be the maximum amount of tax that can be
claimed by bidder.
d) No GST will be reimbursed to unregistered or composite
dealer. In the event, any GST is quoted by composite dealer,
k) IMPORTED GOODS OFFERED BY INDIAN BIDDERS AGAINST
the same shall be added to the cost of supply in evaluating the
DEALER INVOICE: Wherever the material being offered is
bid.
imported, the bidder must quote the prices inclusive of IGST.
The rate and value of IGST as included in the price must be
e) Since, input credit of GST will be available to BHEL-Haridwar
indicated separately. In case quantum of IGST is not
only after correct filing of return and payment of applicable
mentioned by the bidder the same will not be considered for
GST by supplier, reimbursement of GST shall be made by
P a g e | 5 of 13
evaluation. However, bidder will have to pass on the benefit replaced on Delivered Duty Paid (DDP) (FOR - BHEL Stores /
of IGST to BHEL at the time supply. designated destination basis) within such period. In the event
of the Seller’s failure to comply, Purchaser may take action as
appropriate, including Repair / Replenish rejected goods &
l) In case of directly dispatchable items to Customer’s Site,
disposal of rejections, at the risk & cost of the Seller. In case
BHEL-Haridwar will inform the GST registration number of the the defects attributable to Seller are detected during
respective customer which must be mentioned on the processing of the goods at BHEL or at our subcontractor’s
vendor’s invoice. Vendor to ensure availability of such works, the Seller shall be responsible for free replacement /
information from BHEL-Haridwar before dispatch of any repair of the goods as required by BHEL.
material. However, while filing GSTN-1, BHEL Haridwar GSTN
number to be quoted. b) RETURN OF REJECTED MATERIAL FOR REPLACEMENT: The
bidder shall have to pay 5% incidental charges while taking
back supplied material if it is found rejected on receipt. The
Note: - Vendors must ensure compliance of all the applicable rejected material shall be sent back only after receipt of
rules and procedure as envisaged in the GST Regime. Any loss replacement / submission of BG / refund of amount paid.
to BHEL-Haridwar due to fault / non-compliance by the vendor
will be to the vendor’s account. 14. QUALITY REQUIREMENT.
12. BANK GUARANTEE. Your bid / quotation should have specific confirmation
regarding meeting all our quality requirements such as. (i) Test
In case the bank guarantees are required to be deposited Certificate (TC), (ii) Guarantee Certificate (GC) / Warranty
towards security deposit/performance guarantee or for any Certificate (WC), (iii) Quality Plan (QP) (if applicable); and (iv)
other purpose as per the terms of this tender enquiry, such Pre-Dispatch Inspection at your works (if applicable).
bank guarantees of the requisite value in the denominated
currency of the purchase order should be from one of the 15. VALIDITY.
Indian branch of BHEL consortium banks and the bank
The quotation should be valid for a minimum period of 90 days
guarantee should be in the proforma as prescribed by BHEL.
effective from the date of opening of tender, unless otherwise
The proforma of bank guarantee and the list of consortium
specified in the tender enquiry.
banks are displayed at BHEL website www.bhelhwr.co.in.
However, in case the bank guarantee is not from BHEL 16. RIGHT OF ACCEPTANCE.
consortium banks, then the bidder has to get the bank
guarantee confirmed from one of the Indian branch of BHEL a) BHARAT HEAVY ELECTRICALS LIMITED HARIDWAR reserves
consortium banks and the bank charges for such confirmation the right to reject any or all the bids / quotations without
will be borne by the bidder. assigning any reason thereof. BHEL also reserves the right to
increase or decrease the tendered quantities. Bidders should
13. GUARANTEE / WARRANTY AND CORRESPONDING REPAIRS
be prepared to accept order for reduced quantity without any
/ REPLACEMENT OF GOODS.
extra charges.
Goods shall comply with the specifications for material,

b) Any discount / revised offer / bids submitted by a bidder on its
workmanship and performance. Unless otherwise specified,
the warranty shall be for a period of 18 months from the date own shall be considered, provided it is received on or before
of receipt. If the delivery is found non-compliant during the the due date and time of offer / bid submission (Part-1).
warranty period, leading to rejection, the Seller shall arrange Conditional discounts shall not be considered for evaluation
free replacement / repair of goods, within one month from of tenders.
the date of intimation or any mutually agreed period. The
rejected goods shall be taken away by the Seller at his cost and
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c) Unsolicited discounts / revised offers / bids given after Part-1 In case of abnormal delays (beyond the maximum late delivery
bid opening shall not be accepted. No change in price will be period as per LD clause) in supplies / defective supplies or non-
permitted within the validity period asked for in the tender fulfillment of any other terms and conditions given in
enquiry. Purchase Order, BHEL may cancel the Purchase Order in full or
part thereof, and may also make the purchase of such material
d) In case of changes in scope and / or technical specification and from elsewhere / alternative source at the risk and cost of the
/ or commercial terms & conditions having price implication, supplier. BHEL will take all reasonable steps to get the material
techno-commercially acceptable bidders shall be asked by from alternate source at optimum cost. If bidder does not
BHEL to submit the impact of such changes on their price bids. agree to the above Risk Purchase Clause, BHEL reserves the
In case a bidder opts to submit revised price bid instead of right to reject the offer. In case for compelling reasons BHEL
impact called for then the latest price bid shall prevail. accepts the offer without acceptance of this clause by the
However, in both situations, original price bid will be bidder and in the eventuality of Risk Purchase, appropriate
necessarily opened. action will be taken as per BHEL extant rules. This will be
without prejudice to any other right of BHEL under the
e) The bidder whose bid is technically not accepted will be contract or under General Law.
informed & EMD wherever submitted shall be returned after
finalization of contract. EMD shall be forfeited in the event of 19. FORCE MAJEURE CLAUSE.
bidder opting out after tender opening.
Notwithstanding any other thing contained anywhere else in
f) BHEL reserves the right to short close the existing Purchase the contract or PO (Purchase Order), In case the discharge of
Order / Rate Contract / Work Order or any extension thereof obligation under the contract by either party is impeded or
at any stage. made unreasonably onerous, neither party shall be considered
in breach of the contract to the extent that performance of their
17. TRANSIT INSURANCE. respective obligation is prevented by an event of Force Majeure
that arises after the effective date (PO date).
a) Transit Insurance will be covered by BHEL under its open
Insurance Policy. Seller shall inform dispatch particulars In the above clause, Force Majeure means an event beyond the
(Purchase Order, RR /GR, Invoice value etc.) to "Finance control of the parties to the contract which prevents a party
department (Store bill Section), BHEL Ranipur, Haridwar from complying with any obligation of the contract including but
(Uttarakhand-India) with value of consignment to the not limited to:
Purchaser within 07 days of dispatch for BHEL to arrange
insurance coverage in its policy. Failure on the part of seller to a) Act of God (Such as but not limited to earthquake, drought,
inform dispatch particulars will make him liable to pay for any tidal waves, floods etc.).
transit damages / losses suffered by the Purchaser. b) War (whether war be declared or not), Hostilities Invasion, Act
of foreign enemy etc.
b) If Quoted Prices are inclusive of transit insurance, no c) Rebellion, revolution, insurrection, civil war etc.
weightage shall be given while evaluating the bids for Cost of d) Contamination of Radio Activity from any nuclear fuel or from
Insurance, being in BHEL Scope. any other nuclear waste or any other hazardous materials.
e) Riots, commotions, strike unless restricted to the employees
18. RISK PURCHASE. of supplier.
f) Acts of terrorism.
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g) Other unforeseeable circumstances beyond the control of the subsequent to the formation of contract, shall remain property of
parties and which the affected party cannot avoid even by the submitting party. Drawing, technical documents or other
using its best efforts. technical information received by one party, shall not without the
h) Cancellation of contract by customer. consent of the other party, be used for any other purpose than
i) Change in law / government. Regulation making the that, for which they were provided. Such technical information
performance impossible. shall not without the consent of the submitting party, otherwise
j) Pandemic or Epidemic. be used or copied, reproduced, transmitted or communicated to
a third party. Patterns supplied by BHEL will remain BHEL's
The party claiming to be affected by force majeure shall notify the property which shall be returned by the bidder on demand to
other party in writing immediately without delay on the BHEL. Bidder shall in no way share or use such intellectual
intervention and on the cessation of such circumstances. property of BHEL to promote his own business with others or to
gain a commercial advantage. BHEL reserves the right to claim
Irrespective of any extension of time, if an event of force majeure
damages from the bidder, or take appropriate action as deemed
occurs and its effect continues for more than 180 days the
fit against the bidder, for any infringement of the provisions
affected party shall have right to cancel the contract.
contained herein as available under law or equity.
As soon as reasonably practicable following the date of 21.SETTLEMENT OF DISPUTES / ARBITRATION.

commencement of a Force Majeure Event, and within a
reasonable time following the date of termination of a Force In case of any dispute arising out of as in connection with this
Majeure Event, either Party invoking it shall submit to the other
contract, the same shall be referred to arbitration under
Party reasonable proof of the nature of the Force Majeure Event
and of its effect upon the performance of the Party's obligations Arbitration & Conciliation Act 1996 of a sole arbitrator who shall
under this Agreement. be appointed by mutual consent of the parties. The seat & venue
of arbitration shall be Haridwar.
The party shall, and shall ensure that its Subcontractors shall, at
all times take all reasonable steps within their respective powers The proceedings shall be conducted in English. The Governing
and consistent with Good Operating Practices (but without law of contract shall be the substantive law of India.
incurring unreasonable additional costs) to:
a) Prevent Force Majeure Events affecting the performance of 22. WHARFAGE / DEMURRAGE RESPONSIBILITY.
the party's obligations under this Agreement.
b) mitigate the effect of any Force Majeure Event and In the event of delay in receipt of documents by Manager
c) Comply with its obligations under this Agreement. (Stores-Shipping) BHEL-Haridwar and in case where
dispatches are made through Unapproved Transporter the
If the war like situation has developed in a country where a sole responsibility for wharfage / demurrage for such delay
seller’s works is located in this P.O. or there is political instability shall be that of supplier.
and Indian Embassy located in that country forbids or advises for
not having any business dealing with the sellers located in such 23. CONDITIONS FOR AVAILING MICRO & SMALL ENTERPRISES
zone / region/ country, then BHEL reserves the right to cancel the (MSE’S) BENEFITS.
order.
a) “MSE Suppliers can avail the intended benefits only if they
20. NON-DISCLOSURE AGREEMENT. submit along with the offer, attested copies of either EM II
certificate having deemed validity (five years from the date of
All Drawing and Technical Documents relating to the product or issue of acknowledgement in EM II) or valid NSIC certificate or
it’s manufacture submitted by one party to the other, prior or EM II certificate along with attested copy of a CA certificate
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(Format enclosed at annexure-1 where deemed validity of EM 8. There will be minimum of 3% reservation for women owned
II certificate of five years has expired) applicable for the MSEs within the above mentioned 25% reservation.
relevant financial year (latest audited). Date to be reckoned 9. The reservation for MSEs owned by SC/ST will be 6.25% { 25%
for determining the deemed validity will be the date of bid out of target of 25% - refer para 4 of Public Procurement Policy
opening (Part 1 in case of two-part bid) or vendor has to give for the Micro and Small Enterprises(MSEs)}.
Udyog Adhar Memorandum (UAM). Non submission of such 10. The definition of MSEs owned by Women Entrepreneurs is
documents will lead to consideration of their bid at par with clarified as under:
other bidders. No benefit shall be applicable for this enquiry if a) In case of proprietary MSE, proprietor shall be Woman.
any deficiency in the above required documents is found or b) In case of partnership MSE, the Woman partners shall be
the requisite documents are not submitted before price bid holding at least 51% of share in the unit.
opening. If the tender is to be submitted through e- c) In case of Private Limited companies, at least 51% share
procurement portal, then the above require document are to shall be held by Women promoters.
be uploaded on the portal. Documents should be notarized or 11. The definition of MSEs owned by SC/ST is clarified as under:
attested by a Gazetted officer.” UAM need not required to be a) In case of proprietary MSE, proprietor(s) shall be SC/ST.
notarized or attested. b) In case of partnership MSE, the SC/ST partners shall be
holding at least 51% of shares in the unit.
b) Any new supplier will be eligible for registration with BHEL as c) In case of Private Limited companies, at least 51% share
MSE supplier provided at least any one of the following shall be held by SC/ST promoters.
documents are submitted along with application for 12. While distributing the 25% quantity amongst MSE bidders the
registration: -
decimal points in quantity shall be ignored for all the bidders
1. Udyog Adhar Memorandum (UAM). except the L-1 amongst MSE bidders. Balance quantity after
2. Valid National Small Industries Commission (NSIC) Certificate. allocating the quantity to other MSE bidders ignoring the
3. Entrepreneurs Memorandum part II (EM II) certificate (valid quantities in decimal, shall be given to L-1 (amongst MSE)
based on deemed validity of 5 years) or bidder. However, if there are more than one MSE bidder at
4. EM II certificate along with attested copy of CA Certificate (as the same price level than preference for additional quantities
per prescribed format at annexure-A) applicable for the due to ignoring off the decimal (as mentioned above) shall be
relevant financial year (latest audited), where the deemed
given to the bidder offering favorable terms to BHEL and if the
validity of EM II is over.
5. However, credentials of all MSE suppliers will be verified conditions offered are also same then preference will be given
before advancing the intended benefits. to the bidder having high SPR rating.
6. MSE bidders claiming SC/ST status will have to submit SC/ST 13. In case there are more than one MSE bidders (with different
certificate of the Proprietor from competent authority. landed cost to BHEL) within 15% price band of lowest bidder
Attested (notarized or attested by Gazetted officer) copy to be and quantity to be offered is 1 no. only, then preference shall
submitted along with the offer. be given to the MSE bidder with lowest landed cost.
7. In case techno-commercial accepted bidders include MSE 14. In case there are more than one MSE bidders (with same
source and their prices (based on landed cost – considering landed cost to BHEL) within 15% price band of lowest bidder
quoted prices) are within the price band of 15% w.r.t. L-1 and quantity to be offered is 1 no. only, then preference shall
bidder, then BHEL can offer 25% of quantity of respective item be given first, based on the favorable terms in the bid and in
(rounded off to nearest number) to MSE bidders at L-1 price case terms are also same, the bidder with high SPR rating shall
and in case, more than one MSE bidder is in 15 % band and be given preference.
the same is accepted by more than one MSE bidders then 25% 15. If L1 bidder is MSE bidder, entire quantity will be given to such
quantities of respective items will be considered for ordering MSE bidder only.
on proportionate basis amongst MSE bidders.
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16. Note: It may however be noted that MSE guidelines as on date f) Supplier must upload digitally signed e-Invoice on B2B portal
(Date of Technical Bid Opening Part-1) shall prevail. for processing of Bills.
17. “As per the OM No. F.No. 1(2)(1)/2016-MA dtd. 09.02.2017 In other cases, inked signed hard copy of Invoice to be
issued from the Office of Development Commissioner (Micro, submitted for processing of Bills.
Small & Medium Enterprises), “Traders and agents should not
be allowed to avail the benefits extended under the PP 25. MAKE IN INDIA (GOVT-NOTIFICATION).
Policy.”
A. This tender enquiry shall be governed by notification no. P-
In view of this, it is clarified that benefits of MSE (such as EMD 45021/2/2017-PP (BE-II) dated 04.06.2020 of government of
Waiver, Tender fee exemption, Price preference, Payment INDIA and subsequent circulars issued afterwards.
preference etc.) will be given only to those MSE Vendors who are Accordingly, the minimum local content, the margin of
manufacturers of offered items against the NIT. No MSE benefits purchase preference and the procedure for preference to
shall be provided to Agents / Stockists / Dealers / Traders etc. for make in INDIA shall be adhered.
the items offered but not manufactured by themselves.”
B. The margin of purchase preference shall be 20%.
24. INFORMATION TO THE BIDDERS.  ‘Class-I local Supplier’ means a supplier or service
provider, whose goods, services or works offered for
a) Purchase related information is available at our Business-to- procurement, has local content equal to or more than
Business (B2B) Portal available on our website 50%, as defined under this order.
https://hwr.bhel.com. The user ID & password can be  ‘Class-II local Supplier’ means a supplier or service
obtained by sending a request to concerned purchase
procurement, has local content more than 20% but less
executives.
than 50%, as defined under this order.
 ‘Non- local Supplier’ means a supplier or service
b) Intimate your change in mail address or communication
address or changes, if any, by email to AGM (SDX/MM) giving procurement, has local content less than or equal to
your bidder Code. 20%, as defined under this order.
c) Please resolve your rejections and unexecuted overdue C. Vendor to specifically confirm if they are Class-I or Class-II
purchase order immediately which are posted at our B2B local supplier or not as per above mentioned notification.
Portal, which can be visited through our site Accordingly, the ‘Class-I local supplier’/ ‘Class-II local
https://hwr.bhel.com 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
d) Copy of this Tender Enquiry is being sent through the post.
content requirement for ‘Class-I local supplier’/ ‘Class-II local
Supplier’, as the case may be. They shall also give details of
e) The Bidder declares that they will not enter into any illegal
the location(s) at which the local value addition is made.
or undisclosed agreement or understanding, whether formal
or informal with other bidder(s). This applies in particular to
prices, specifications, certifications, subsidiary contracts, D. In cases of Procurement for a Value in Excess of Rs. 10 Crores,
the ‘Class-I local supplier’/ ‘Class-II local Supplier’ shall be
submission or non-submission of bids or any other actions to
required to provide a Certificate from the Statutory Auditor
restrict competitiveness or to introduce cartelization in the
or Cost Auditor of the Company (in the case of companies) or
bidding process.
from a practicing Cost Accountant or practicing Chartered
In case, the bidder is found having indulged in above activities,
Accountant (in respect of suppliers other than companies)
suitable action shall be taken by BHEL as per extant policies/ giving the percentage of Local Content.
guidelines.
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E. Requirement of Purchase Preference: within the margin of purchase preference,

Purchase preference shall be given to ‘Class-I local supplier’ and the contract shall be awarded to such
in procurements undertaken by procuring entities in the ‘Class-I local supplier’ subject to matching
manner specified hereunder - the L1 price.
a. In the procurements of goods or works, which are iii. In case such lowest eligible ‘Class-I local
covered by para 3(b) of mentioned Govt. circular and supplier’, fails to match the L1 price, the ‘Class-
which are divisible in nature, the ‘class-I local supplier’ I local supplier’ with the next higher bid within
shall get purchase preference over ‘Class-II supplier’ the margin of purchase preference shall be
as well as ‘Non-local supplier’, as per following invited to match the L1 price and so on and
procedure: contract shall be awarded accordingly. In case
i. Among All qualified bids, the lowest bid will none of the ‘Class-I local supplier’ within the
be termed as L1. If L1 is ‘Class-I local margin of purchase preference matches the L1
supplier’, the contract for full quantity will be prices, the contract may be awarded to the L1
awarded to L1. bidder.
ii. If L1 bid is not a ‘Class-I local supplier’, 50% of
the order quantity shall be awarded to L1. c. ‘Class-II local supplier’ will not get purchase preference
Thereafter, the lowest bidder among the ‘Class- in any procurement, undertaken by procuring entities.
I local supplier’ will be invited to match the L1
price for the remaining 50% quantity subject to F. For this procurement, the local content to categorize a
the class-I local supplier’s quoted price falling supplier as a Class-I local supplier/ Class-II local supplier/
within the margin of purchase preference, and Non-local supplier and purchase preference to Class-I local
contract for that quantity shall be awarded to supplier, is as defined in Public Procurement (Preference to
such ‘Class-I local supplier’ subject to matching Make in India), Order 2017 dated 04.06.2020 issued by DPIIT.
the L1 price. In case such lowest eligible ‘Class- In case of subsequent orders issued by nodal ministry,
I local supplier’ fails to match the L1 price or changing the definition of local content for the items of the
accepts less than the offered quantity, the next NIT, the same shall be applicable even if issued after issue of
higher ‘Class-I local supplier’ within the margin this NIT, but before opening of Part-II bids against this NIT.
of purchase preference shall be invited to
match the L1 price for remaining quantity and G. Procurements where estimated value to be procured is less
so on, and contract shall be awarded than Rs. 5 lakhs shall be exempted from GOI order No. P-
accordingly. In case some quantity is still left 45021/2/2017-PP (BE-II) dated 04.06.2020.
uncovered on Class-I local supplier, then such
balance quantity may also be ordered on the L1 H. For procurement of Goods & Services which are divisible in
bidder”. nature, following shall be operated for MSE bidders under
b. In the procurements of goods or works, which are Public procurement Policy for the Micro and Small
covered by para 3(b) of mentioned Govt. circular and Enterprises (MSEs) Amendment Order, 2019, Ref. No. AA:
which are not divisible in nature, and in procurement SSP: MSE: Amndt, dtd. 30.11.2018, Circular No. 44 of 2018-
of services where the bid is evaluated on price alone, 19;-
the ‘class-I local supplier’ shall get purchase a. If L1 bid is not from “Class-I local Supplier” and price quoted
by MSE bidder falls within the margin of Purchase
preference over ‘Class-II supplier’ as well as ‘Non-local
preference (L1+15% for MSEs), then 25 % of total order
supplier’, as per following procedure:
quantity of respective item (rounded off to nearest number)
i. Among all qualified bids, the lowest bid will
shall be awarded to MSE bidder, subject to MSE bidder
be termed as L1. If L1 is ‘Class-I local
matching the L1 Price. Out of Remaining 75% quantity,
supplier’, the contract will be awarded to L1.
distribution shall be operated as per below sub-clause (2) –
ii. If L1 is not ‘Class-I local supplier’, the lowest
bidder among the ‘Class-I local supplier’, will b. If “Class- I Local Supplier” (Next to L1, other than MSE)
be invited to match the L1 price subject to quoted price falling within the Margin of Purchase
Class-I local supplier’s quoted price falling Preference, and “Class-I local supplier” matches the L1 price,
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then 50% of remaining Quantity (after allocation of 25% to If the bidder is from such country which shares a land border
MSE) i.e. 37.5% shall be awarded to local supplier and 37.5% with India evidence of valid registration by the Competent
shall be awarded to foreign bidder. Authority shall also be attached along with offer.”
Note: L1 Price refers to lowest evaluated / landed cost to 27. NOTE.

Company.
a) Special conditions of enquiry, if enclosed by BHEL, will
For Further details, please refer GOI order no. P-45021 / 2 / 2017
- PP (BE-II) dated 04.06.2020. supersede the respective standard / general terms of enquiry.
26. RESTRICTIONS UNDER RULE 144(XI) OF THE GENERAL b) Any other Standard terms and Conditions of the bidder
FINANCIAL RULES (GFRs), 2017 attached / referred against the tender enquiry will be treated
as null and void ab initio.
All provisions of Order No. F.No.6/18/2019-PPD of Department of
Expenditure (DoE) shall be applicable for this tender enquiry c) In order to protect the commercial interests of BHEL, it
(Order copy is available at https://doe.gov.in/procurement- becomes necessary to take action against suppliers /
policy-divisions). Accordingly, any bidder from a country which contractors by way of suspension of business dealings, who
shares a land border with India (except the countries to which the either fail to perform or are in default without any reasonable
Govt. of India has extended lines of credit or in which the Govt. of cause, cause loss of business / money / reputation, indulged
India is engaged in development projects for which list is available in malpractices, cheating, bribery, fraud or any other
at https://www.mea.gov.in/) will be eligible to bid in this tender misconducts or formation of cartel so as to influence the
only if the bidder is registered with the Competent Authority as biding process or influence the price etc. Guide- lines for
specified in Annex I of the said Order of DoE. Suspension of Business Dealings with Suppliers / Contractors
shall prevail over which is available at BHEL website
Updated list of the countries to which lines of credit have been
http://www.bhel.com
extended or in which development projects are undertaken are
available on the Ministry of External affairs website
d) The bidder along with its associate / collaborators / sub-
(https://www.mea.gov.in/)
contractors / sub-vendors / consultants / service providers
For the purpose of this order, definition of Bidder from a country shall strictly adhere to BHEL Fraud Prevention Policy displayed
which shares a land border with India shall be same as defined in on BHEL website http://www.bhel.com and shall immediately
the Annex III of the said order. bring to the notice of BHEL-Management about any fraud or
suspected fraud as soon as it comes to their notice.
Registration with the competent authority as stipulated in the
said order is responsibility of bidder. Bidder has to submit a e) “BHEL shall recover the amount of compensation paid to
certificate certifying following along with offer: victim(s) by BHEL towards loss of life / permanent disability
due to an accident which is attributable to the negligence of
"I have read the clause regarding restrictions on procurement contractor, agency or firm or any of its employees as detailed
from a bidder of a country which shares a land border with India; below;
I certify that bidder (…. Name of Bidder) is not from such a country
or, if from such a country, has been registered with the 1. Victim: Any person who suffers permanent disablement or dies
Competent Authority. I hereby certify that bidder (…..Name of in an accident as defined below.
bidder) fulfils all requirements in this regard and is eligible to be
considered" 2. Accident: Any death or permanent disability resulting solely
and directly from any unintended and unforeseen injurious
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occurrence caused during the manufacturing / operation and

works incidental thereto at BHEL factories/ offices and
precincts thereof , project execution , erection and
commissioning, services, repairs and maintenance, trouble
shooting, serving , overhaul, renovation and retrofitting , trial
operation, performance guarantee testing undertaken by the
company or during any works / during working at BHEL Units/
Offices/ townships and premises/ project sites.
3. Compensation in respect of each of the victims:

(i) In the event of death or permanent disability resulting from
Loss of both limbs: Rs. 10,00,000/-(Rs. Ten Lakh).
(ii) In the event of other permanent disability: Rs. 7,00,000/- (Rs.
Seven Lakh).
4. Permanent Disablement: A disablement that is classified as a
permanent total disablement under the proviso to Section 2(I)
of the Employees Compensation Act, 1923.”
f) The bidder shall be in compliance with applicable laws, rules

and regulations throughout the terms of the contract for
conducting its business generally and to perform its obligations
under this contract.
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ANNEXURE-QP
Self-certification
As per Government Public procurement order no. P-45021/2/2017-BE-II dt.15.06.2017 & P-
45021/2/2017-PP(BE-II) dated 28.05.2018,29.5.2019 & 04.6.2020, it is hereby certifying that we
…………………………………………………………………………………………………………………………………………………….
(supplier name) are ……………………………......(Class-I/Class-II) local supplier and will meet the
requirement of minimum local content of ………………………... (50%/20%) as defined in public
procurement order dated 04.6.2020 for material against Enquiry no.
………………………………………………………………………………………………….
Details of location at which local value addition will be made is as follows: -
………………………………………………………………………………………………………………………………………………..
…………………………………………………………………………………………………………………………………………………
We also understand, 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.
Seal & Signature of Supplier

ANNEXURE:CERTIFICATE REQUIRED AS PER ORDER NO F.No.6182019-PPD UNDER RULE 144(XI)
OF GENERAL FINANCIAL RULES (GFRS) 2017
ON COMPANY LETTER HEAD

Date - …………………
CERTIFICATE REQUIRED AS PER ORDER NO F.No.6182019-PPD UNDER RULE 144(XI) OF GENERAL

FINANCIAL RULES (GFRS) 2017
To,
M/s Bharat Heavy Electricals Ltd.
Heavy Electrical Equipment Plant
Haridwar – 249403
Ref:
Tender No. – …………………………………………………………………………
I have read the clauses regarding restrictions on procurement from a bidder of a country which shares a
land border with India; I certify that bidder (…………………………………………………………………………... ) is not from
such a country or, if from such a country, has been registered with the competent authority. I hereby certify
that bidder (…………………………………………………………………….) fulfils all requirements in this regard and is
eligible to be considered. (Where applicable, evidence of valid registration by the competent authority
shall be attached).
Authorized
BHEL-IP AA:SSP:IP:R03 dtd 01-04-2022
Annexure-1
INTEGRITY PACT
Between
Bharat Heavy Electricals Ltd. (BHEL), a company registered under the Companies Act 1956 and having its
registered office at "BHEL House", Siri Fort, New Delhi - 110049 (India) hereinafter referred to as “The
Principal", which expression unless repugnant to the context or meaning hereof shall include its successors or
assigns of the ONE PART
and
_____________________, (description of the party along with address), hereinafter referred to as “The
Bidder/ Contractor" which expression unless repugnant to the context or meaning hereof shall include its
successors or assigns of the OTHER PART
Preamble
The Principal intends to award, under laid-down organizational procedures, contract/s for ______________
________________________________________________________________________________________
________ (hereinafter referred to as “Contract”). The Principal values full compliance with all relevant laws
of the land, rules and regulations, and the principles of economic use of resources, and of fairness and
transparency in its relations with its Bidder(s)/ Contractor(s).
In order to achieve these goals, the Principal will appoint panel of Independent External Monitor(s) (IEMs),
who will monitor the tender process and the execution of the contract for compliance with the principles
mentioned above.
Section 1- Commitments of the Principal
1.1 The Principal commits itself to take all measures necessary to prevent corruption and to observe
the following principles: -
1.1.1 No employee of the Principal, personally or through family members, will in connection with the
tender for, or the execution of a contract, demand, take a promise for or accept, for self or third
person, any material or immaterial benefit which the person is not legally entitled to.
1.1.2 The Principal will, during the tender process treat all Bidder(s) with equity and reason. The Principal
will in particular, before and during the tender process, provide to all Bidder(s) the same
information and will not provide to any Bidder(s) confidential/ additional information through
which the Bidder(s) could obtain an advantage in relation to the tender process or the contract
execution.
1.1.3 The Principal will exclude from the process all known prejudiced persons.
1.2 If the Principal obtains information on the conduct of any of its employees which is a penal offence
under the Indian Penal Code 1860 and Prevention of Corruption Act 1988 or any other statutory
penal enactment, or if there be a substantive suspicion in this regard, the Principal will inform its
Vigilance Office and in addition can initiate disciplinary actions.
Section 2 - Commitments of the Bidder(s)/ Contractor(s)
2.1 The Bidder(s)/ Contractor(s) commit himself to take all measures necessary to prevent corruption.
The Bidder(s)/ Contractor(s) commits himself to observe the following principles during
participation in the tender process and during the contract execution.
Page 1 of 5
2.1.1 The Bidder(s)/ Contractor(s) will not, directly or through any other person or firm, offer, promise or
give to the Principal or to any of the Principal's employees involved in the tender process or the
execution of the contract or to any third person any material, immaterial or any other benefit which
he/ she is not legally entitled to, in order to obtain in exchange any advantage of any kind
whatsoever during the tender process or during the execution of the contract.
2.1.2 The Bidder(s)/ Contractor(s) will not enter with other Bidder(s) into any illegal or undisclosed
agreement or understanding, whether formal or informal. This applies in particular to prices,
specifications, certifications, subsidiary contracts, submission or non-submission of bids or any
other actions to restrict competitiveness or to introduce cartelization in the bidding process.
2.1.3 The Bidder(s)/ Contractor(s) will not commit any penal offence under the relevant Indian Penal
Code (IPC) and Prevention of Corruption Act; further the Bidder(s)/ Contractor(s) will not use
improperly, for purposes of competition or personal gain, or pass on to others, any information or
document provided by the Principal as part of the business relationship, regarding plans, technical
proposals and business details, including information contained or transmitted electronically.
2.1.4 Foreign Bidder(s)/ Contractor(s) shall disclose the name and address of agents and representatives
in India and Indian Bidder(s)/ Contractor(s) to disclose their foreign principals or associates. The
Bidder(s)/ Contractor(s) will, when presenting his bid, disclose any and all payments he has made,
and is committed to or intends to make to agents, brokers or any other intermediaries in connection
with the award of the contract.
2.2 The Bidder(s)/ Contractor(s) will not instigate third persons to commit offences outlined above or
be an accessory to such offences.
2.3 The Bidder(s)/ Contractor(s) shall not approach the Courts while representing the matters to IEMs
and shall await their decision in the matter.
Section 3 - Disqualification from tender process and exclusion from future contracts
If the Bidder(s)/ Contractor(s), before award or during execution has committed a transgression
through a violation of Section 2 above, or acts in any other manner such as to put his reliability or
credibility in question, the Principal is entitled to disqualify the Bidder(s)/ Contractor(s) from the
tender process , terminate the contract, if already awarded, exclude from future business dealings
and/ or take action as per the separate "Guidelines on Banning of Business dealings with Suppliers/
Contractors", framed by the Principal.
Section 4 - Compensation for Damages
4.1 If the Principal has disqualified the Bidder (s) from the tender process before award / order
acceptance according to Section 3, the Principal is entitled to demand and recover the damages
equivalent to Earnest Money Deposit/ Bid Security.
4.2 If the Principal is entitled to terminate the Contract according to Section 3, or terminates the
Contract in application of Section 3 above , the Bidder(s)/ Cotractor (s) transgression through a
violation of Section 2 above shall be construed breach of contract and the Principal shall be entitled
to demand and recover from the Contractor an amount equal to 5% of the contract value or the
amount equivalent to Security Deposit/ Performance Bank Guarantee , whichever is higher, as
damages, in addition to and without prejudice to its right to demand and recover compensation for
any other loss or damages specified elsewhere in the contract.
Page 2 of 5
Section 5 - Previous Transgression

5.1 The Bidder declares that no previous transgressions occurred in the last 3 (three) years with any
other company in any country conforming to the anti-corruption approach or with any other Public
Sector Enterprise in India that could justify his exclusion from the tender process.
5.2 If the Bidder makes incorrect statement on this subject, he can be disqualified from the tender
process or the contract, if already awarded, can be terminated for such reason or action can be
taken as per the separate "Guidelines on Banning of Business dealings with Suppliers/ Contractors",
framed by the Principal.
Section 6 - Equal treatment of all Bidder (s)/ Contractor (s) / Sub-contractor (s)
6.1 The Principal will enter into Integrity Pacts with identical conditions as this Integrity Pact with all
Bidders and Contractors.
6.2 In case of Sub-contracting, the Principal Contractor shall take the responsibility of the adoption of
Integrity Pact by the Sub-contractor(s) and ensure that all Sub-contractors also sign the Integrity
Pact.
6.3 The Principal will disqualify from the tender process all Bidders who do not sign this Integrity Pact
or violate its provisions.
Section 7 - Criminal Charges against violating Bidders/ Contractors /Subcontractors
If the Principal obtains knowledge of conduct of a Bidder, Contractor or Subcontractor, or of an

employee or a representative or an associate of a Bidder, Contractor or Subcontractor which
constitutes corruption, or if the Principal has substantive suspicion in this regard, the Principal will
inform the Vigilance Office.
Section 8 -Independent External Monitor(s)
8.1 The Principal appoints competent and credible panel of Independent External Monitor (s) (IEMs)
for this Integrity Pact. The task of the IEMs is to review independently and objectively, whether
and to what extent the parties comply with the obligations under this Integrity Pact.
8.2 The IEMs are not subject to instructions by the representatives of the parties and performs his
functions neutrally and independently. He reports to the CMD, BHEL.
8.3 The IEMs shall be provided access to all documents/ records pertaining to the Contract, for which
a complaint or issue is raised before them as and when warranted. However, the
documents/records/information having National Security implications and those documents which
have been classified as Secret/Top Secret are not to be disclosed.
8.4 The Principal will provide to the IEMs sufficient information about all meetings among the parties
related to the Contract provided such meetings could have an impact on the contractual relations
between the Principal and the Contractor. The parties offer to the IEMs the option to participate in
such meetings.
Page 3 of 5
8.5 The advisory role of IEMs is envisaged as that of a friend, philosopher and guide. The advice of IEMs
would not be legally binding and it is restricted to resolving issues raised by a Bidder regarding any
aspect of the tender which allegedly restricts competition or bias towards some Bidders. At the
same time, it must be understood that IEMs are not consultants to the Management. Their role is
independent in nature and the advice once tendered would not be subject to review at the request
of the organization.
8.6 For ensuring the desired transparency and objectivity in dealing with the complaints arising out of
any tendering process or during execution of Contract, the matter should be examined by the full
panel of IEMs jointly, who would look into the records, conduct an investigation, and submit their
joint recommendations to the Management.
8.7 The IEMs would examine all complaints received by them and give their recommendations/ views
to the CMD, BHEL at the earliest. They may also send their report directly to the CVO, in case of
suspicion of serious irregularities requiring legal/ administrative action. Only in case of very
serious issue having a specific, verifiable Vigilance angle, the matter should be reported directly to
the Commission. IEMs will tender their advice on the complaints within 30 days.
8.8 The CMD, BHEL shall decide the compensation to be paid to the IEMs and its terms and conditions.
8.9 IEMs should examine the process integrity, they are not expected to concern themselves with fixing
of responsibility of officers. Complaints alleging mala fide on the part of any officer of the Prinicpal
should be looked into by the CVO of the Principal.
8.10 If the IEMs have reported to the CMD, BHEL, a substantiated suspicion of an offence under relevant
Indian Penal Code / Prevention of Corruption Act, and the CMD, BHEL has not, within reasonable
time, taken visible action to proceed against such offence or reported it to the Vigilance Office, the
IEMs may also transmit this information directly to the Central Vigilance Commissioner,
Government of India.
8.11 After award of work, the IEMs shall look into any issue relating to execution of Contract, if
specifically raised before them. As an illustrative example, if a Contractor who has been awarded
the Contract, during the execution of Contract, raises issue of delayed payment etc. before the
IEMs, the same shall be examined by the panel of IEMs. Issues like warranty/ guarantee etc. shall
be outside the purview of IEMs.
8.12 However, the IEMs may suggest systemic improvements to the management of the Principal, if
considered necessary, to bring about transparency, equity and fairness in the system of
procurement.
8.13 The word `Monitor' would include both singular and plural.
Section 9 - Pact Duration
9.1 This Integrity Pact shall be operative from the date this Integrity Pact is signed by both the parties
till the final completion of contract for successful Bidder, and for all other Bidders 6 months after
the Contract has been awarded. Any violation of the same would entail disqualification of the
bidders and exclusion from future business dealings.
9.2 If any claim is made/ lodged during currency of this Integrity Pact, the same shall be binding and
continue to be valid despite the lapse of this Pact as specified above, unless it is discharged/
determined by the CMD, BHEL.
Page 4 of 5
Section 10 - Other Provisions
10.1 This Integrity Pact is subject to Indian Laws and exclusive jurisdiction shall be of the competent
Courts as indicated in the Tender or Contract, as the case may be.
10.2 Changes and supplements as well as termination notices need to be made in writing.
10.3 If the Bidder(s)/ Contractor(s ) is a partnership or a consortium or a joint venture, this Integrity Pact
shall be signed by all partners of the partnership or joint venture or all consortium members.
10.4 Should one or several provisions of this Integrity Pact turn out to be invalid, the remainder of this
Integrity Pact remains valid. In this case, the parties will strive to come to an agreement to their
original intentions.
10.5 Only those bidders / contractors who have entered into this Integrity Pact with the Principal would
be competent to participate in the bidding. In other words, entering into this Integrity Pact would
be a preliminary qualification.
10.6 In the event of any dispute between the Principal and Bidder(s)/ Contractor(s) relating to the
Contract, in case, both the parties are agreeable, they may try to settle dispute through Mediation
before the panel of IEMs in a time bound manner. In case, the dispute remains unresolved even
after mediation by the panel of IEMs, either party may take further action as the terms & conditions
of the Contract. The fees/expenses on dispute resolution through mediation shall be shared by both
the parties. Further, the mediation proceedings shall be confidential in nature and the parties shall
keep confidential all matters relating to the mediation proceedings including any settlement
agreement arrived at between the parties as outcome of mediation. Any views expressed,
suggestions, admissions or proposals etc. made by either party in the course of mediation shall not
be relied upon or introduced as evidence in any further arbitral or judicial proceedings, whether or
not such proceedings relate to the dispute that is the subject of mediation proceedings. Neither of
the parties shall present IEMs as witness in any Alternative Dispute Resolution or judicial
proceedings in respect of the dispute that was subject of mediation.
------------------------------------------ -------------------------------------------------------
For & On behalf of the Principal For & On behalf of the Bidder/ Contractor
(Office Seal) (Office Seal)
Place ______________
Date ______________
Witness:___________________ Witness:____________________
(Name & Address) ___________ (Name & Address) ____________
__________________________ ___________________________
Page 5 of 5
Annexure (Non-Disclosure Agreement)
1
NON-DISCLOSURE AND PROPRIETARY INFORMATION AGREEMENT
BETWEEN
_________________(Name of the Vendor)., having its registered offices in

__________________(Address of Vendor), registered under the no. ______________________ of
the Companies' register of ______________________(Name of Place and Country), capital stock of
_________(Value), with a place of business in _____________________(Name of Place and
Country) (hereinafter referred to as "__________________(Name of Vendor)" which expression
shall unless repugnant to the context shall include its successors & assigns.
AND
Bharat Heavy Electricals Ltd a company incorporated under the Indian Companies Act 1956 having
its registered offices at BHEL House, Siri Fort, New Delhi -110 049 and having one of its works at
Heavy Electrical Equipment Plant, Ranipur, Haridwar-249403 (Uttarakhand), India registered under
the No. 4281 of 1964-65 of the companies register of Delhi, capital stock of Rs 4895.2 million with a
place of registered office in New Delhi (hereinafter referred to as “BHEL”) which expression shall
unless repugnant to the context shall include its successors & assigns.
hereinafter also referred to individually as “the Party” or collectively as “the Parties”.
BACKGROUND
This Agreement sets forth the rights and obligations of the Parties with respect to the use, handling,
protection and safeguarding of Proprietary Information that is disclosed by and between the Parties.
WHEREAS
A) the Parties wish to pursue exploratory discussions concerning a possible collaboration between
them in relation to the Tender Enquiry No………………………………… also mentioned in
Exhibit 1;
B) It is anticipated that during the possible discussions it may be necessary for BHEL to share
certain confidential and proprietary information in written, oral, visual and/or physical/sample/ form
to the other party (collectively “Proprietary Information”, more fully detailed in clause 1 herein
below) for the purpose of enabling the parties to interact and deliberate the aforementioned order and
take it further (hereinafter referred to as “Purpose”)
The parties desire to protect such Proprietary Information and ensure that it is not disclosed to any third
party without the permission of the party disclosing such Proprietary Information;
NOW, THEREFORE, the Parties have agreed as follows:

2
1. The term “Proprietary Information” shall mean any information or data of whatsoever kind of
a confidential or proprietary nature disclosed by BHEL (hereinafter called the “Disclosing Party”) to
the vendor ) hereinafter called the “Receiving Party”), including but not limited to, commercial
information, knowhow and technical information in the form of designs, drawings, concepts,
requirements, specifications, trade secrets, IPR, brand name, marketing plans & all other non-public
information, software, interfaces, components, processes, or the like, that have been or will be
disclosed by the Disclosing Party to the Receiving Party pursuant to this Agreement, either in writing,
orally or other form, which is designated as “Proprietary” or “Confidential” by the Disclosing Party by
means of formal declaration or an appropriate stamp, legend or any other written or orally notice .
Notwithstanding anything to the contrary contained hereinabove, all the drawings and other technical
information shared regarding the above mentioned order by the Disclosing Party shall be considered
Proprietary Information with or without being marked as confidential/proprietary at the time of sharing
the same.
2. Proprietary Information may be conveyed, without limitation, through any written or printed
documents, samples, models, electronic form on disk, tape, other storage media or any other means of
disclosing such Proprietary Information that Disclosing Party may elect to use during the life of this
Agreement, but if Disclosing Party originally discloses information orally or visually, the Receiving
Party will protect such information as Proprietary Information to the extent that the Disclosing Party :
- identifies the Information as Proprietary at the time of original disclosure,

- summarizes the Proprietary Information in writing.
Information stored in electronic form on disk, tape, other storage media will be adequately marked if
a proprietary legend displays when the information originally runs on a computer system and when the
information is printed from its data file. Proprietary Information also includes any information which
can be obtained by examination, testing or analysis of any hardware or material substance or any
component part of such hardware or material substance provided by the Disclosing Party even though
the requirements in Clause 1 for marking and designation have not been fulfilled.
3. The Disclosing Party, to the extent of its rights to do so, shall disclose to the other only the
Proprietary Information which the Disclosing Party deems appropriate to fulfil the objectives of this
Agreement. The Parties hereby represent that the disclosure of Proprietary Information by and between
themselves shall be made in compliance with, and subject to the Indian laws and regulations.
4. The Receiving Party hereby agrees and covenants that, from the effective date of this
Agreement until the expiry date as per article 11 and the following period as per article 12, the
Proprietary Information that it receives from the Disclosing Party shall:
3
a) be protected and kept in strict confidence by the Receiving Party which must use the same degree
of care it uses to protect its own confidential information and in no case less than a reasonable care;
b) be only disclosed to and used by those persons within the Receiving Party's organization who have
a need to know and solely for the purposes specified in this Agreement, and be treated by such
persons or entities with the same degree of care and subject to the same restrictions;
c) to procure that each third party to whom Proprietary Information is disclosed under this Agreement
is made aware of the provisions of this Agreement prior to such disclosure to it and that each such
third party is bound by obligations of confidentiality which are no less onerous than those contained
in this Agreement;
d) neither be disclosed nor caused to be disclosed or made available, either directly or indirectly, to
any third Party or persons other than those mentioned in subparagraph b) above or other persons
upon which both of the contractual Parties shall agree in an amendment to this Agreement;
e) not to reverse engineer, disassemble or decompile any prototypes, software or other
tangible objects which embody the Propietary Information and which are provided to the
Receiving Party hereunder;
f) not to copy, reproduce or reduce to writing any part of such Proprietary Information except
as may be reasonably necessary for the purpose referred to in the Recitals of this
Agreement
PROVIDED THAT the Receiving Party shall be entitled to make any disclosure required by court
order or government or regulatory requirement of the Disclosing Party's Proprietary Information
subject to notifying the Disclosing Party as soon as possible of such requirement.
5. Any Proprietary Information and copies thereof disclosed by the Disclosing Party to the other
shall remain the property of the Disclosing Party and shall be immediately returned or destroyed by
the Receiving Party upon request or upon expiry of this Agreement.
6. The Receiving Party shall have no obligations or restrictions with respect to any Proprietary
Information for which the Receiving Party can prove that:
a) is in or which comes into the public domain otherwise than as a result of a breach of this Agreement
by any person to whom a disclosure of Proprietary Information is made as permitted under this
Agreement or of any other duty of confidentiality relating to the Proprietary Information of which
the Receiving Party has knowledge; or
b) it has been in its possession without restriction at the time of the disclosure, as evidenced by written
documentation in its files; or
c) it has been lawfully received from a third Party without breach of this Agreement; or
d) it has been or is published without violation of this Agreement; or
e) disclosure of such proprietary information is required by Law or by a court of competent jurisdiction.
4
7. With respect to any exchange of Proprietary Information which may occur as a result of this
Agreement, it is expressly understood and agreed that the persons listed in Exhibit 2 shall, on behalf
of the respective Parties, be the exclusive individuals authorized to receive from and transmit to the
other Party Proprietary Information under this Agreement. Each Party may replace at any time its
respective authorized individuals identified in such Exhibit 2, within its own organization. Any
such new designation by a Party shall be made by written notice to the other at the address indicated
in such Exhibit 2.
8. Any Proprietary Information which is identified as “Classified Information”, or whose export is

subject to an export license, shall be identified as such by the Disclosing Party at the time of
disclosure and the disclosure, protection, use and handling thereof, shall remain subject to the
security procedures and restrictions imposed by the Disclosing Party's Government.
9. The disclosure of Proprietary Information under this Agreement by the Disclosing Party to the
Receiving Party shall not be construed as granting to the Receiving Party any right, whether express
or implied by licence or otherwise, on the matters, inventions or discoveries to which such
information pertains, or as granting any trademark, patents, copyrights, trade secret right or other
form of intellectual property right.
10. This Agreement covers the exchange of Proprietary Information which may be made by the
Disclosing Party to the Receiving Party until ten years from signing of the agreement or any
extension thereto which may be agreed upon by the Parties in writing. Proprietary information
relevant to the Program detailed in Exhibit 1, already made available to the Receiving Party before
the effective date, shall also be protected under this Agreement.
It is understood by the parties that, prior to disclosure, the Disclosing Party shall have obtained any
government authorisation needed for the export of the Proprietary Information
11. The expiry of the period contemplated in Article 10 of this Agreement shall not relieve the
Receiving Party from complying with the obligations imposed by Article 4 here above with respect
to the use and protection of the Proprietary Information, received prior the date of such expiry, for
a period of ten (10) years after such expiry.
12. The Parties are independent contractors. Each will bear all costs and expenses in connection with
this Agreement. This Agreement is intended to facilitate only the exchange of Proprietary
Information in connection with the contract entered between both the parties and is not intended to
be, and shall not be construed to create a teaming agreement, joint venture, association, partnership,
or other business organisation or agency arrangement and no Party shall have the authority to bind
the other without the other Party's separate prior written agreement.
5
13. The Receiving Party shall indemnify the Disclosing Party for all costs, expenses or damages that
Disclosing Party incurs as a result of any violation of any provisions of this Agreement. This
obligation shall include court, litigation expenses, and actual, reasonable attorney’s fees. The
Receiving Party also agrees that monetary damages may be inadequate compensation to the
Disclosing Party in the event the Receiving Party breaches any provision of this Agreement.
Therefore, the parties agree that in the event of a breach or threatened breach of confidentiality, the
Disclosing Party shall also be entitled to specific performance and injunctive or other equitable
relief as a remedy for any such breach or anticipated breach.
14. This Agreement shall be governed by and shall be interpreted in accordance with the substantive
Indian laws. Irrespective of the foregoing each Party shall remain bound by the provisions of its
own national laws and regulations with respect to the transfer or use of Classified Information or
information whose export is subject to an export license.
15. All disputes among the Parties, in connection with or arising out of the existence, validity,
construction, performance and termination of this Agreement (or any terms thereof), which the
Parties are unable to resolve among themselves, shall be finally settled by an Arbitration as per the
Arbitration & Conciliation Act, 1996. The Arbitration shall be held in Haridwar (India), in English
language, in accordance with the rules laid down in the Arbitration and Conciliation act of India
1996, of a sole arbitrator mutually appointed by both the parties. The courts of Haridwar shall have
exclusive jurisdiction.
16. The foregoing constitutes the entire Agreement among the Parties with respect to the subject matter
hereof and supersedes and cancels all prior representations, negotiations, commitments,
undertakings, communications, either oral or written, acceptances, understandings and agreements
among the Parties with respect to or in connection with any of the matters to which such Agreement
applies or refers.
17. Notices to _________________(Name of Vendor) shall be made at the following address:
(Complete Address of Vendor)

Attention: Mr. ________________(Name of the Authorised Person of Vendor)
Notices to BHEL shall be made at the following address:

BHARAT HEAVY ELECTRICALS LIMITED,
HEAVY ELECTRICAL EQUIPMENT PLANT,
Ranipur, Haridwar-249403 (Uttarakhand), India ]
Attention: (Name of the PPX Incharge)

6
18. The effective date of this Agreement shall be the date of the last signature appearing herein.
IN WITNESS WHEREOF, each of the Parties has caused this Agreement, to be executed by its duly
authorized officer.
Date :
Signed for and on behalf of Signed for and on behalf of

(Name of Vendor) BHEL
By: By:
Title: Title:
Signature: Signature:
19. No failure or delay by either party in exercising on enforcing any right, remedy or power here under
shall operate as a waiver hereof.
20. In the event that any provision of this Agreement shall be held by a court of competent jurisdiction
to be unenforceable, the remaining portion hereof shall remain in full force & effect.
7
EXHIBIT 1
to the
NON-DISCLOSURE AGREEMENT
between
______________(Name of Vendor) and
dated:
__________________________________
The Non Disclosure Agreement covers the exchange of Proprietary Information which may occur
during the discussions and negotiations in view of a possible cooperation between the Parties in the
following programs:
-Description of Material or Services …………………………………..for which the Enquiry issued

/ Purchase order to be placed
______________(Name of Vendor) list of products that require an exchange of Proprietary

Information which may be occur during the discussions and negotiations in view of a possible
cooperation for the above programs :
8
EXHIBIT 2
to the
NON-DISCLOSURE AGREEMENT
between
___________________(Name of Vendor) and
Bharat Heavy Electricals Ltd.
dated:
Personnel of the Parties authorized to receive and/or transmit Proprietary Information under this
Agreement:
For (Name of Vendor) For Bharat Heavy Electricals Ltd.

(Name of Person) Mr.
Tel. Tel. 01334
Fax Fax 01334
Address. Address. Main Administration Building
BHEL, HEEP, Haridwar
India
Mr.
Tel. Tel. 01334
Fax Fax 01334
Address. Address. Main Administration Building
BHEL, HEEP, Haridwar
India
Annexure-Model conciliation clause

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BHARAT HEAVY ELECTRICALS LIMITED

HEEP HARIDWAR INDIA-PIN 249403

BHEL OPEN TENDER ENQUIRY No: T/T212/21/0970N/3

Sub: BHEL-HEEP/OPEN-TENDER (Turbine) / 2022

SPECIAL INSTRUCTIONS OF ENQUIRY-

3. Vendor to confirm and endorse enclosed BHEL QP “QA/CF/QP/201, rev06” (Annexure-QP).

8. The evaluation currency for this tender shall be INR.

15. IEM's details are following.

16. Clause on IP in the tender

17. Contact Details of Purchase officer of BHEL are following.

W95310301194 M73969, M79122, M91010, S83026, M70013, M72501, M70021

For E‐Payment, the RTGS details are mentioned as below:

Bank Details SWIFT Details of bank

THE HEAD OF MATERIAL MANAGEMENT,

TECHNICAL QUALIFICATION: Technical Requirement, Pre-Qualifying Requirements/PQR & Drawings to be

Part I (Cover-1) - Containing the following:

Annexure- (Pre-Qualification Requirement/PQR)

1) STEEL MELTING & REFINING FACILITIES:

maximum ingot size

3) Heat Treatment Facilities

4. Concentricity, Cylindricity and Parallility, refer drawing requirement

(Signature & Seal of Vendor)

1. Year ended as 31.03.2020 Or

The net worth should be positive for qualifying the criterion.

M/S. OPEN TENDER DUEDATE 05-05-2022

SL MATERIAL CODE QUANTITY UNIT LOTNO LOT DELIVERY

MATERIAL CODE QUANTITY UNIT LOTNO

6. PRICE SCHEDULE ................................................. 3 2. ORIGIN OF QUOTATION.

H) The bidders will submit Integrity Pact, duly signed by its

Note: - Foreign bidders willing to attend the bid opening

d) Any demurrage / Godown Rent payable to the Port

and not attributable to BHEL will be considered for

consortium banks and the bank charges for such confirmation

JURIDICTION: The courts of New Delhi, India, shall have

B. The margin of purchase preference shall be 20%.

Updated list of the countries to which lines of credit have been

25. NOTE. shooting, serving , overhaul, renovation and retrofitting , trial

d) The bidder along with its associate / collaborators / sub-

e) “BHEL shall recover the amount of compensation paid to

1. Victim: Any person who suffers permanent disablement or

3. SUBMISSION OF TENDER ............................................ 1

21. SETTLEMENT OF DISPUTES / ARBITRATION ............ 8 Quotation against Enquiry No._______________

b) The Bid should be accompanied with relevant copies of

i) Payment of Liquidated Damages (LD) shall not in any way relieve

b) The provisional GST registration number of Bharat Heavy

c) Please quote our provisional GST registration number in all

Goods shall comply with the specifications for material,

As soon as reasonably practicable following the date of 21.SETTLEMENT OF DISPUTES / ARBITRATION.

E. Requirement of Purchase Preference: within the margin of purchase preference,

Note: L1 Price refers to lowest evaluated / landed cost to 27. NOTE.

occurrence caused during the manufacturing / operation and

3. Compensation in respect of each of the victims:

f) The bidder shall be in compliance with applicable laws, rules

Details of location at which local value addition will be made is as follows: -

Seal & Signature of Supplier

ON COMPANY LETTER HEAD

CERTIFICATE REQUIRED AS PER ORDER NO F.No.6182019-PPD UNDER RULE 144(XI) OF GENERAL

Section 2 - Commitments of the Bidder(s)/ Contractor(s)

Section 4 - Compensation for Damages