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Pre-Qualification Criteria Important Instruction: Tender Ref. No. NCM2210065

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Tender Ref. No.

NCM2210065

PRE-QUALIFICATION CRITERIA
IMPORTANT INSTRUCTION
Notwithstanding any other condition/provision in the tender
documents, bidders are required to submit complete
documents pertaining to Pre-qualification criteria (PQC)
along with their offer. Failure to meet the PQC will render the
bid to be summarily rejected.
IOC reserves the right to complete the evaluation based on
the details furnished by the bidder, with or without seeking
any additional supporting documents/ clarifications.
Please refer Cl. No. 3 {PRE-QUALIFICATION CRITERIA
(PQC)} of this document and submit required documents for
meeting the PQC of this Tender, along-with your bid. Failure
to meet the PQC will render the bid to be summarily rejected.

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Tender Ref. No. NCM2210065

INDEX
SR. DOCUMENT FORMAT PAGE NO. / LOCATION

1. INDEX Word/ 2
PDF
2. BUYER ADDED BID SPECIFIC ADDITIONAL TERMS AND Word/ 3
CONDITIONS PDF
3. PRE QUALIFICATION CRITERIA Word/ 4-6
PDF
4. GENERAL INSTRUCTION TO BIDDERS Word/ 7 - 21
PDF
5. APPLICABILITY OF GOVT. OF INDIA POLICIES Word/ 22
PDF
6. TENDER CONDITIONS FOR BENEFITS/PREFERENCE FOR Word/ 23 - 37
MICRO & SMALL ENTERPRISES (MSEs); PDF
OPPORTUNITY TO STARTUP'S AND MICRO & SMALL
ENTERPRISES (MSE'S);
PUBLIC PROCUREMENT (PREFERENCE TO MAKE IN INDIA)
(PPP-MII)
PUBLIC PROCUREMENT (PREFERENCE TO MAKE IN INDIA)
(PPP-MII) : NOTIFIED ELECTRONIC PRODUCTS;

7. SCOPE OF SUPPLY CUM TECHNICAL SPECIFICATION Word/ Refer “Enquiry-cum-Offer” and


DOCUMENTS AND TPI DETAILS (If Applicable) PDF “Technical Specifications”
documents, attached in section
“Buyer added Bid Specific Additional
Scope of Work” of this GeM Bid
8. FORMATS / PROFORMAS FOR SUBMISSION: Word/ Refer Formats, attached in section
a) ANNEXURE-1: PROFORMA FOR DEVIATIONS_TECHNICAL / PDF “Buyer added Bid Specific Additional
DEVIATIONS_COMMERCIAL
Scope of Work” of this GeM Bid
b) ANNEXURE-2: PROFORMA FOR UNDERTAKING FOR LOCAL
CONTENT /Page 38 onwards
c) ANNEXURE-3: PROFORMA FOR PQC DOC- DETAILS, IF
APPLICABLE AS PER TENDER
d) ANNEXURE-4: PROFORMA FOR DECLARATION OF BLACK LISTING /
HOLIDAY LISTING
e) ANNEXURE-5: PROFORMA FOR DECLARATION ON PROCEEDINGS
UNDER INSOLVENCY AND BANKRUPTCY CODE, 2016 (IBC)
f) ANNEXURE-6: PROFORMA FOR INTEGRITY PACT AGREEMENT
(IP/IA)
g) ANNEXURE-7: PROFORMA FOR DECLARATION ON ACCEPTANCE
OF TENDER SCOPE, SPECIFICATIONS, TERMS & CONDITIONS
h) ANNEXURE-8: PROFORMA FOR DECLARATION OF BID SECURITY
DECLARTION IN LIEU OF EMD

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Tender Ref. No. NCM2210065

Buyer Added Bid Specific Additional Terms and Conditions

1. Please refer document named as “Enquiry Cum Offer” under section “Buyer
added Bid Specific Additional Scope of Work” and other technical
documents for technical specifications / details of all items. Item sr. no.
0010, 0020, 0030 ….and so on of “Enquiry Cum Offer” document refers to
schedule 1, 2, 3 …. and so on of GeM bid document.

2. Bidder's offer is liable to be rejected if they don't upload any of the


certificates / documents sought in the Bid document, ATC and
Corrigendum if any.

3. Delivery period: Delivery period mentioned in Bid


Documents is IOCL’s preferred delivery period. The delivery
period shall be reckoned from the date of GeM contract.

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Tender Ref. No. NCM2210065

3. PRE-QUALIFICATION CRITERIA:
(A) TECHNICAL CRITERIA: Not Applicable

(B) COMMERCIAL CRITERIA: Applicable as per Below:

1. FINANCIAL CRITERIA (Annual Turn Over): Applicable as below:

The bidder should have an annual turnover of ₹ 1,98,57,000.00 in any


of the last three preceding financial years (2019-20; 2020-21; 2021-22).

For fulfilling the financial criteria, any one of the following are to be
submitted along-with the un-priced bid as valid proof for meeting the
criteria:
i. An audited balance sheet (including Income Statement) of the
bidder.
ii. Published Annual report.
iii. In case the balance sheet is available in the public domain the
same shall be accepted etc.

2. COMMERCIAL EXPERIENCE CRITERIA: Applicable as below:


The order(s) executed by the bidder, during the last five years ending on the
last day of the month immediately preceding the month in which the last
date of bid submission (original date without considering any extension)
falls, should be as under:

i. Three orders each executed for *Similar Item where executed value is
not less than the amount equal to INR 99,28,500.00
OR

ii. Two orders each executed for *Similar Item where executed value is not
less than the amount equal to INR 1,32,38,000.00
OR

iii. One order executed for *Similar Item where executed value is not less
than the amount equal to INR 1,65,47,500.00

* Similar Item: Supply of Ultrasonic Flowmeter/ Flow Computer/


Metering skid/ USM/ UFM/ Natural Gas/ RLNG Pressure reduction with
conditioning skid / Filtration with Conditioning Skid in Petroleum
Refinery / Petrochemicals / Chemicals / Fertilizers / Nuclear / Power &
Energy Industry / Oil & Gas Industry.

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Tender Ref. No. NCM2210065

NOTE:-

i. FOB/FCA/FOR Dispatch point price (inclusive of P&F Charges and Third


Party Inspection charges only, if any) shall be considered for arriving at
the executed order value. However, in case any other cost component like
Freight charges, Taxes & Duties or their rates etc. are not indicated
separately in PO/Invoice and are already included in the Purchase Order
Value, as evident from the submitted Purchase order/Invoice copies, then
executed order value shall include such inclusive cost components also for
the purpose of PQC evaluation.

ii. Last date of order execution may fall in the above mentioned period i.e.
within last five years ending on the last day of the month immediately
preceding the month in which the last date of bid submission (original
date without considering any extension) falls.

iii. Orders in currency other than INR shall be converted to INR on the date of
the said Purchase Order. RBI reference rate shall be considered for forex
conversion.

iv. Multiple GeM contracts on same vendor against single GeM bid can be
clubbed as single order for the purpose of meeting value against
commercial pre-qualification criteria.

v. For fulfilling the commercial experience criteria any one of the


following documents may be considered as valid proof for meeting
the criteria:
a) Purchase Order copy along with Invoice(s) with self-certification by the
bidder that supplies against the invoices covering the “similar order”
have been executed to the required value.
b) Purchase Order copy along with Bank Certificate indicating payment
against the PO.
c) Execution certificate by client with order value.
d) Goods Receipt Note (GRNs) in case where IOCL is a client.
e) Any other document in support of order execution like TPI release
note, etc.
f) In case vendor cites any reference of job executed for IOCL, internal
records of IOCL shall be considered.

OTHER NOTES FOR PRE-QUALIFICATION CRITERIA

i. In case where the bidder cites the reasons of Non-Disclosure Agreement


(NDA) for its inability to submit necessary documents in support of
meeting the experience criteria, a certificate, in original, certifying all the
required information, issued by CEO / CFO of the company along with a

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Tender Ref. No. NCM2210065

declaration that the bidding company is not in a position to submit the


required documents owing to the NDA with an endorsement by
Chartered Accountant / Statutory Auditor /Certified Public Accountant
(not being an employee or a Director or not having any interest in the
bidder(s) company / firm) may be accepted.

Wherever Chartered Accountant / Statutory Auditor / Certified Public


Accountant (not being an employee or a Director or not having any
interest in the bidder(s) company / firm) is not in a position to endorse
such CEO / CFO’s certificate due to local regulations, CEO / CFO’s
certificate in original without endorsement may be accepted provided a
reference of the local regulation restricting this endorsement is given in
the CEO / CFO certificate.

ii. Bids submitted on consortium and joint -ventures basis are not
acceptable, unless otherwise specified in the Tender.

iii. IOCL reserves the right to complete the evaluation based on the details
furnished with the bid without seeking any additional information.

iv. Notwithstanding any other condition/provision in the tender documents,


bidders are required to submit complete documents pertaining to PQC
along with their offer. Failure to meet the PQC will render the bid to be
summarily rejected.IOC reserves the right to complete the evaluation
based on the details furnished by the bidder, with or without seeking
any additional supporting documents/ clarifications.

v. A Company (bidder) shall not be allowed to use the credentials of its


parent or any group company to meet the Experience Criteria.

vi. Submission of authentic documents in time is the prime responsibility of


the bidder.

vii. IOCL reserves the right of getting the documents cross verified from the
document issuing authority. IOCL also reserves the right to seek notarized
documents from the bidder.

viii. In the event of release of Purchase Order without verification of


documents, the release of payment(s) shall be linked with the verification
of the documents.

ix. In case the document(s) submitted by the bidder is found to be fake, false
or forged OR the bidder fails to submit notarized documents requested by
IOCL, their offer shall be rejected. On submission of fake, false or forged
documents by the bidder, actions as deemed fit will be taken by IOCL
including but not limited to Holiday Listing.

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Tender Ref. No. NCM2210065

( C ) Third Party Inspection: Applicable as per attached QAP.

Bidder can use any of the following IOCL approved TPI agencies:

(i) M/s ABS Industrial Verification (India) Pvt. Ltd.


(ii) M/s Apave Assessments India Private Limited
(iii) M/s Bureau Veritas (India) Pvt. Ltd.
(iv) M/s Certification Engineers International Limited
(v) M/s International Certification Services Pvt. Ltd.
(vi) M/s Inertek India Pvt. Ltd.
(vii) M/s Lloyds Register Marine & Inspection
(viii) M/s Meenaar Global Consultants LLP
(ix) M/s Projects and Development India Ltd.
(x) M/s Quality Evaluation and Systems Team Pvt. Ltd.
(xi) M/s SGS India Private Limited
(xii) M/s Tata Projects Limited
(xiii) M/s TUV India Pvt. Ltd.
(xiv) M/s TUV Rehienland India Pvt. Ltd.
(xv) M/s VCS Quality Services Private Limited

4. GENERAL INSTRUCTIONS TO BIDDERS:


4.1 Following Undertaking / Declaration / Documents (Formats are attached
below in this Tender Documents) to be submitted duly filled, signed &
stamped by bidder only on GeM portal:

a) ANNEXURE-1 : PROFORMA FOR DEVIATIONS_TECHNICAL /


DEVIATIONS_COMMERCIAL

b) ANNEXURE-2 : PROFORMA FOR UNDERTAKING FOR LOCAL CONTENT


c) ANNEXURE-3 : PROFORMA FOR PQC DOC- DETAILS, IF APPLICABLE AS PER
TENDER
d) ANNEXURE-4 : PROFORMA FOR DECLARATION OF BLACK LISTING / HOLIDAY
LISTING
e) ANNEXURE-5 : PROFORMA FOR DECLARATION ON PROCEEDINGS UNDER
INSOLVENCY AND BANKRUPTCY CODE, 2016 (IBC)
f) ANNEXURE-6 : PROFORMA FOR INTEGRITY PACT AGREEMENT (IP/IA)
g) ANNEXURE-7 : PROFORMA FOR DECLARATION ON ACCEPTANCE OF TENDER
SCOPE, SPECIFICATIONS, TERMS & CONDITIONS
h) ANNEXURE-8: DOCUMENT IN SUPPORT OF EMD, WHERE EVER EMD IS

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Tender Ref. No. NCM2210065

APPLICABLE OR PROFORMA FOR DECLARATION OF BID SECURITY


DECLARTION IN LIEU OF EMD
i) Any other documents if specifically asked to be uploaded in the bid
document /Documents required for availing purchase preference
benefits against various applicable policies (wherever applicable in
this tender).

4.2 CONDITIONS FOR BANK GUARANTEE (WHERE BG IS APPLICABLE):

The IOCL Banker’s details required for issue of Bank Guarantees Only are as
under:

Bank Name: STATE BANK OF INDIA


Account Number: 00000010813605410
Bank IFSC code: SBIN0017313
Branch Name: CAG-II NEW DELHI

Please ensure to indicate Bankers name, contact person name, phone,


email, and Fax No. on Bank Guarantee covering letter of the Bank, to
expedite BG confirmation from your bankers by IOCL.

All the Bank Guarantee(s) as stated above will be furnished from a


Nationalised/Scheduled bank. The performance bank guarantee(s) shall be as
per the Proforma appended with GPC. All bank guarantees should be
submitted by Seller's bankers directly to the Owner. Seller shall enclose copy of
bank guarantee(s) along with the invoice. Bank Guarantee(s) shall be
submitted as per the following details:-

i) SELECTION OF BANK

a) BG upto Rs. 20 Million can be accepted if it is issued by an Indian


branch of any scheduled bank appearing in the Second Schedule to the
RBI Act, 1934.

b) BG of above Rs. 20 Million can be accepted if it is issued by an Indian


branch of:

1) Any Nationalized / PSU bank appearing in the Second Schedule to the


RBI Act, 1934.

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Tender Ref. No. NCM2210065

Or

2) Any scheduled bank (other than a Nationalized Bank / PSU bank)


having at least desired Credit Rating at the time of acceptance of BG:

Desired credit rating is defined as under:

In case of foreign banks:

If the tenor of BG is more than 1 year: credit rating of ‘A' of Moody's or


equivalent

If the tenor of BG is upto 1 year: credit rating of 'P-1' of Moody's or


equivalent i.e. highest short term rating

In case of Indian banks:

If the tenor of BG is more than 1 year: credit rating of: 'AA' of CRISIL
or equivalent

If the tenor of BG is upto 1 year: credit rating of 'A 1 +' of CRISIL or


equivalent i.e. highest short term rating

Apart from above, BG, irrespective of its amount, issued by any other
bank including but not limited to non-scheduled banks, foreign branches
of scheduled banks and foreign branches of foreign banks, can be
accepted provided such BG is counter guaranteed by any bank
mentioned above at (i) b.

ii) CREDIT RATING


The Vendor shall note that, in case of acceptance of BG issued or counter
guaranteed by a bank mentioned at para (i) b 2, if the credit rating of
such bank falls below the Credit Rating mentioned under clause (i) b 2
during the validity period of BG, the Vendor shall either submit a fresh
BG or get the existing BG confirmed/counter guaranteed, at its own cost,
through a bank mentioned above at (i) b (having at least desired Credit
Rating as mentioned above, if applicable). In case of non-submission of
bank guarantee(s), without prejudice to any other right or remedy
available to the owner, the owner shall be entitled to encash the bank
guarantee(s).

iii) The vendor at the request of the owner extend the validity of the Bank
Guarantee(s) for such further period(s) as may be required failing which
without prejudice to any other right or remedy or remedy available to the
owner, the owner shall be entitled to en-cash the bank guarantee(s).

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Tender Ref. No. NCM2210065

iv) The vendor to ensure the validity of all bank guarantee(s) as stipulated
else-where in the bidding documents/contract and no payments shall be
released to the vendor, if the validity of the bank guarantee(s) is less than
30 days unless otherwise specifically intimated to the vendor.

4.3 Offer shall be submitted ONLY on GeM portal as per the “Bid Details”
mentioned in the bid document. The TECHNICAL BIDS shall be opened on
or after the date and time indicated in “Bid Details”. IOCL reserves the right
to extend the bid end date. The PRICED BIDS of the Techno-Commercially
acceptable bidders shall be scheduled for opening on GeM portal as per
GEM and shall be opened on GEM port on or after the scheduled date.

4.4 Bids in physical form sent through fax / email / courier / post will not
be acceptable.

4.5 Bids will be accepted only through the GeM portal. Online bids to be
submitted well in advance to avoid any last minutes hurdles or
inconvenience. Please note that that tender issuing authority is not
responsible for the delay / non-downloading of tender document by the
recipient due to any problem in accessing the GeM portal. The tender
issuing authority is also not responsible for delay in uploading bids due to
any problem on GeM portal.

4.6 IOCL reserves the right to complete the evaluation based on the details
furnished with the bid without seeking any
clarification/confirmation/additional information.

4.7 IOCL reserves the right to allow purchase preference as per tender to
MSEs, Startup’s, Public Procurement Preference to Make in India (PPP-MII),
Public Procurement (Preference To Make In India) (PPP-MII) : Notified
Electronic Products; Domestically Manufactured Iron & Steel Products as
applicable rules & regulation publish by GOI time to time and GEM portal.

4.8 Components / spares / accessories : If a vendor does not quote for some
components / spares / accessories specifically indicated in the tender for
consideration along with the main equipment, the same shall be considered
as “free supply”

4.9 Techno-Commercially acceptable bids shall be evaluated by considering


Total Price as appeared on GEM portal only and the same shall be inclusive

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Tender Ref. No. NCM2210065

of all charges i.e. P&F, Freight, TPI and/or any other charges as applicable
with inclusion of taxes & duties as applicable as per law of land for total
quantities and no variation or deviation against the same shall be
acceptable. Any charges mentioned anywhere in the offer shall not be
considered for evaluation and ordering. Generally the lowest bid (Item-wise)
shall be accepted, unless otherwise specified/decided by IOCL in its own
Interest.

4.10 In case of a tie; Decision of order will as per GEM rules & regulations
only.

4.11 The responsibility of downloading the tender documents including


corrigenda, if any, and subsequent uploading of offer shall rest with the
bidder.

4.12 Bidders must submit specific loss control aspects of the offered
materials.

4.13 Only Biodegradable packing material should be used for supply of


materials.

4.14 Suo-moto changes shall not consider and evaluation shall be based on
GEM rules & regulations on GEM portal only.

4.15 On account of exigencies, in case bids have to be revalidated before Price


Bid Opening beyond the originally sought validity, the bidder shall confirm
validity extension thru mail and the same shall be extended by bidder on
GeM portal also.

4.16 Bidders to quote competitive prices considering the fact that price
negotiations, if required, shall be held with the lowest bidder only. After
price negotiation, an MOM (Minutes of Meeting) shall be signed and agreed
price shall be updated by the bidder on GeM portal.

4.17 Negotiations shall not be conducted with bidders as a matter of routine.


However, IOCL reserves the right to conduct Negotiations.

4.18 IOCL reserves the right to make any changes in the terms and conditions
of Enquiry and to accept or reject any or all the bids without assigning any
reason and without incurring any liability to the affected bidder(s). Tender

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Tender Ref. No. NCM2210065

can be abandoned without assigning any reason and no compensation shall


be paid for the efforts made by the bidder.

4.19 A Tender is also liable for rejection in the following circumstances:

i. Dose not pays the EMD (as applicable including Bid Security
Declaration) before deadline, wherever applicable.
ii. Does not fulfill minimum pre-qualification criteria as per the Tender
Documents
iii. Stipulates the validity period less than what is stated in the Tender
Documents
iv. Stipulates his own conditions and does not agree to withdraw the
deviations, rendering his bid unacceptable
v. Does not disclose the full names and addresses of all his partners or
Directors as applicable wherever called for in the tender.
vi. Does not fill and submit the required annexures, specifications, etc.
as specified in the tender.
vii. Does not submit bid in the prescribed format making it impossible to
evaluate the bid
viii. Indulges in tampering of tender documents
ix. Does not conform to any tender condition which stipulates non-
conformance of tender conditions as rejection criteria.
x. In case bidder alters / modifies / withdraws the bid suo-moto after
opening of technical bids within the bid validity period.

4.20 ALL CORRESPONDENCE SHALL BE IN ENGLISH LANGUAGE ONLY.

4.21 It shall be the responsibility of the tenderers to fill complete, correct and
accurate information in line with the requirements / stipulations of the
tender documents, regarding their past experience and other information
required to facilitate due evaluation / consideration of their tenders.

If any information given by the bidder / tenderer is found to be incorrect in


any particular, considered by the OWNER to be relevant for the evaluation
of the bid / tender, or is found by the OWNER to misrepresent the facts, or
if any of the documents submitted by the tenderer / bidder in support of or
relevant to the bid /tender is found by the OWNER to be forged, false or
fabricated, the owner may reject the bid, and without prejudice to any other
right(s) of action or remedy available to the owner, the owner may forfeit the
Earnest Money given by the bidder in the form of Earnest Money deposit or
bank guarantee in lieu of Earnest Money Deposit in order to compensate the
OWNER for the expenses incurred by it in considering the bid (and not by
way of penalty) and take action for putting the bidder / tenderer on holiday

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Tender Ref. No. NCM2210065

list for such period as the OWNER in this behalf considers warranted and /
or to remove the bidder / tenderer from the approved list of vendors.

4.22 The bidder entity should ensure that only one bid is submitted by them
directly or by their Agents* on behalf of the bidder entity or as a Consortium
Partner (if applicable in tender). In case it is found that bidder entity has
submitted more than one bid, all their bids in the tender are liable for
rejection.
* Agents for the above purposes would be one who agrees and is authorized
to act on behalf of another, a Principal, to legally bind an individual in
particular business transactions with third parties pursuant to an agency
relationship.

Submission of bids by different offices / branches of the bidder entity will


be considered as bids from the same bidder entity and will be liable for
rejection.

4.23 Single Tender Only Permitted

(1) Each tenderer / bidder can submit only one tender / bid for one
package. The names of specialized sub-contractor(s) may, however,
appear in different offers submitted by different tenderers.

(2) (i) A person shall be deemed to have submitted more than one bid
if a person bids in an individual or proprietorship format and/or in a
partnership or association of persons format and/or in a company format.
(ii) A company shall for this purpose include any artificial person whether
constituted under the laws of Indian or of any other country.
(iii) A person shall be deemed to have bid in a partnership format or in
association of person’s format if he is a partner of the firm which has
submitted the bid or is a member of any association of persons which has
submitted a bid.
(iv) A person shall be deemed to have bid in a company format if the
person holds more than 10% (ten percent) of the voting share capital of
the company which has submitted a bid, or is a director of the company
which has submitted a bid, or holds more than 10% (ten percent) of
voting share capital in and/or is a director of a holding company of that
company which has submitted the bid.

(3) By making a bid pursuant to the Tender Documents, the


bidder / tenderer shall be deemed to have declared that the bidder /

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Tender Ref. No. NCM2210065

tenderer has not made any other bid or a multiple bid as understood
or deemed in terms of this clause.

(4) All the multiple bids of a bidder shall be rejected and the Earnest
Money Deposit for all such bids shall be forfeited, not by way of penalty or
liquidated damages but by way of reimbursement of the pre-estimated
costs likely to be incurred by the OWNER towards bidding process and in
the scrutiny and evaluation of bids.

4.24 CONDITIONS FOR DELIVERY OF GOODS :

i. Refinery/Naphtha Cracker being sensitive establishment from fire and


safety point of view therefore vehicle shall be allowed in battery area
only equipped with fire extinguisher and spark arrestor. The personal
entering Refinery/Naphtha Cracker area shall be equipped with PPEs.

ii. Truck / Tanker should report at IOCL gate by 8.30 am (excluding


Sundays or holidays) in order to facilitate unloading at the earliest
and release of trucks.

iii. Motor vehicle act: Vehicles shall follow motor vehicle act 1988 & its
latest updated revision and all other applicable laws of land during
transportation of the material from bidder’s works to IOCL site.

iv. Successful Vendor to indicate the name of driver/khalasis on the lorry


receipt/challan etc. so that the same can be verified at the entry gate
while allowing entry by CISF. This is required for enhancing security
measures for incoming material.

v. Successful Vendor to also ensure availability of required original and


valid documents like RC Book, Insurance Papers, Fitness certificate
of Vehicle (Tanker/Truck/Container), Driving License and Cleaner’s
photo pass etc. at the time of dispatch of Materials & delivery at IOCL
site. This shall enable CISF at IOCL site to allow them smoothly inside
Refinery/ Naphtha Cracker due to security reasons and avoiding any
hassles at IOCL Gate. In case of non availability of original RC Book in
the vehicle, Notarised (True Copy) of RC Book will also be accepted.

vi. Vehicle propelled by CNG/LPG or vehicles having less than 4 wheels


viz. 3 wheelers etc. are not allowed in Refinery/Naphtha Cracker.

4.25 CLAUSE FOR GST IN SUPPLIES OF GOODS CONTRACT:

i. The vendor will be under the obligation for invoicing correct tax rate of
tax/duties as prescribed under the GST law to IOCL, and pass on the

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Tender Ref. No. NCM2210065

benefits, if any, after availing input tax credit, in calculating the


revised price for settlement due to impact of GST.

ii. Any invoice issue on introduction of GST Law shall contain the
following particulars-

a. Name, address and GSTIN of the supplier;


b. A consecutive serial number of the invoice;
c. Date of issue;
d. Name, address and GSTIN or UIN, if registered of the recipient;
e. Name and address of the recipient and the address of the delivery,
along with the State and its code,
f. HSN code of goods or Accounting Code of services;
g. Description of goods or services;
h. Quantity in case of goods and unit or Unique Quantity Code thereof;
i. Total value of supply of goods or services or both;
j. Taxable value of supply of goods or services or both taking into
discount or abatement if any;
k. Rate of tax (Central Tax, State Tax, Integrated Tax (for inter-state
supply), Union Territory Tax or cess);
l. Amount of tax charged in respect of taxable goods or services (Central
Tax, State Tax, Integrated Tax (for inter-state supply), Union Territory
Tax or cess);
m. Place of supply along with the name of State, in case of supply in the
course of inter-state trade or commerce;
n. Address of the delivery where the same is different from the place of
supply;
o. Whether the tax is payable under Reverse Charge basis and
p. Signature or digital signature of the supplier or his authorised
representative.

iii. GST invoice shall be prepared in triplicate, in case of supply of goods,


in the following manner-

a. The original copy being marked as ORIGINAL FOR RECIPIENT;


b. The duplicate copy being marked as DUPLICATE FOR TRANSPORTER
and
c. The triplicate copy being marked as TRIPLICATE FOR SUPPLIER.

iv. In case of any advance given against any supplies contract, the
supplier of the goods shall issue Receipt Voucher containing the
following particulars-

a. Name, address and GSTIN of the supplier;


b. Serial number of the voucher;
c. Date of its issue;
d. Name, address and GSTIN or UIN if registered of the recipient;

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Tender Ref. No. NCM2210065

e. Description of goods;
f. Amount of advance taken;
g. Rate of tax (Central Tax, State Tax, Integrated Tax (for inter-state
supply), Union Territory Tax or cess);
h. Amount of tax charged in respect of taxable goods or services (Central
Tax, State Tax, Integrated Tax (for inter-state supply), Union Territory
Tax or cess);
i. Place of supply along with the name of State, in case of supply in the
course of inter-state trade or commerce;
j. Whether the tax is payable under Reverse Charge basis and
k. Signature or digital signature of the supplier or his authorised
representative.

4.26 IMPLEMENTATION OF INSOLVENCY AND BANKRUPTCY CODE, 2016


(IBC)

Offers from the following type of bidders shall not be considered:


i. Bidder(s) who are undergoing insolvency resolution process or liquidation
or bankruptcy proceeding under Insolvency and Bankruptcy Code, 2016
(Code) or any other applicable law (in case where Code is not applicable).

ii. Bidder(s) whose insolvency resolution process or liquidation or bankruptcy


proceeding is initiated under the Code or any other applicable law (in case
where Code is not applicable) at any stage of evaluation of the bid. In case
where the bid of the L-1 bidder is rejected on the aforesaid grounds during
the period between Price-Bid-Opening and Award-of-Contract, then the
bid of the next higher eligible bidder will be considered for further
processing.

iii. It will be the responsibility of the bidder to inform IOCL within 15 days
from the order passed by the Adjudicating Authority, namely National
Company Law Tribunal (NCLT) or Debt Recovery Tribunal (DRT) under the
Code or any other applicable law (in case where Code is not applicable).

iv. If bidder refuses or fails to share the information regarding their status of
insolvency resolution process or liquidation or bankruptcy proceeding in
their bid or at any later stage, their offer is liable to be rejected by IOCL.

v. After the award of contract, IOCL reserves the right to cancel and
terminate the contract without any liability on the part of IOCL
immediately on the commencement of insolvency resolution process or
liquidation or bankruptcy proceeding of any party under the contract. Any
unsettled advance paid to the party shall be immediately refunded to
IOCL.

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Tender Ref. No. NCM2210065

vi. IOCL reserves its right to evaluate and finalize the bid without considering
the bid of any party undergoing insolvency resolution process or
liquidation or bankruptcy proceeding under the Code regardless of the
stage of tendering.
A Declaration / Undertaking shall be submitted by the bidder along with the
techno-commercial bid in the prescribed format “PROFORMA FOR
DECLARATION ON PROCEEDINGS UNDER INSOLVENCY AND
BANKRUPTCY”, as attached with the GeM bid documents.

4.27 INTEGRITY PACT AGREEMENT (IP/IA) - Not Applicable in This


Tender :

i. Submission of IP duly signed from authorized signatory, along with


tender, is a mandatory prerequisite for Bids to be eligible for further
evaluation. The signed IP should be complete in all respect and is
required to be uploaded in the GEM portal along with the Bid. Bid not
having the duly signed & stamped IP attached with it will be rejected.
Partial submission of IP document will also not be considered.

ii. Definition of Competent Authority/ Authorized signatory valid to


sign the IP agreement:

If the Bidder is a Partnership Firm, IP is required to be signed by all the


Partners. If the Bidder is Consortium/ Unincorporated Joint
Venture/Association of Persons, formed solely for the purpose of
executing the tendered Project, IP is to be signed by all the Partners/
members of such Consortium/Unincorporated Joint Venture/Association
of Persons. However, in case Bidder is a Company including Joint
Venture Company, IP must be signed by representative of the Company
duly authorized by Board Resolution. In case of sub-contracting, the
Principal Bidder/Contractor shall be responsible for the
adoption/signing of IP.

iii. Details of Independent External Monitors (IEMS) for Implementation


of Integrity Pact:
 Mr.Basant Seth, Former CMD, Syndicate Bank and Information
Commissioner, CIC
 Mr.Madhusudan Prasad, IAS (Retd.)
 Mr.Vijai Prakash Pathak, IRSS (Retd.) and Former Member Materials
Management (MMM), Railway Board
 Common E-mail Id of IEMs: iem-iocl@indianoil.in

4.28 Penalties for Violation / Non-adherence of safety procedures and


practices (Applicable for Tenders/Purchase Orders involving site work):

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i. Violation of applicable Safety, Health and Environment related norm a


penalty of Rs.5,000.00 per occasion.
ii. Violation as above resulting in any physical injury, a penalty of 0.5% of
the contract value (maximum of Rs.2,00,000.00) per injury in addition to
Rs.5,000.00 per occasion as in item a.
iii. Fatal accident, a penalty of 1% of the contract value (maximum of
Rs.10,00,000.00) per injury in addition to Rs.5,000.00 per occasion as in
item a.

The vendor is advised to take appropriate insurance policy for the effective
implementation of the above penalty provision.

In case of accidents depending on the seriousness of injury etc. in addition to


the hospitalization / treatment charges and group insurance amount,
compensation shall be paid by the vendor to the affected person / his family
members in presence of Engineer-in-charge as per Workmen Compensation
Act.

4.29 XTRAPOWER fleet card program:

The XTRAPOWER Fleet Card program is a complete smart card-based fleet


management solution for fleet operators and corporate for cashless purchase of
fuels & Lubricants from designated retail outlets (petrol pumps) of Indian Oil
through flexible prepaid and credit facilities. The fleet card also offers exciting
rewards along with benefits like personal accident insurance cover and vehicle
tracking facilities. Any business entity owning or operating a vehicle fleet can
become a member of the XTRAPOWER fleet card program. Each fleet owner is
issued a Fleet Control Card and vehicle- specific Fleet Cards for every vehicle
enrolled under the program. For enhanced security, the fleet card transactions
are authorized through a unique Personal Identification Number (PIN).
Moreover, the card can help track each vehicle’s movement across remote
corners of the country, leading to improvement in vehicle utilization and route
compliance. XTRAPOWER is also backed by Indian oil’s vast infrastructure
network and web- based support services.

For detailed terms and conditions, you may visit our website
https://www.iocxtrapower.com/. You can also call our XTRAPOWER Customer
Service Toll Free Helpline (24*7) at 18002001214 or 02236366066 or may write
to us at cutserv@iocxtrapower.com. For any further queries kindly visit the
FAQ section on our site https://www.iocxtrapower.com/.

4.30 Any ground for which, in the opinion of Indian Oil Corporation Limited
(IOCL) makes it undesirable to deal with the party, administrative actions
may be taken by IOCL as deemed fit as per IOCL guidelines.

4.33 VENDOR GRIEVANCE REDRESSAL SYSTEM

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Vendors and Contractors (hereinafter referred to as “Vendors”) are requested to


lodge their grievances related to our tenders or Purchase Orders / Work Orders
on our Vendor Grievance Redressal Portal. The portal can be accessed
through URL https://www.ioclvg.in . The website is compatible with IE Explore
9 (and above), Chrome, Mozilla, Edge, Safari. The Portal also provides links to
IOCL Corporate Website, Bill Tracking System, IOCL e-tenders portal, CPPP
and Vendor Chat bot.

The specific objectives of establishing the portal are:

a) To provide clear and transparent framework to deal with grievances


raised by Vendors in relation to tendering activities or procurement of
goods and services.
b) To provide reasonable opportunity to the affected Vendor to express
grievances and have them redressed in a fair, equitable and prompt
manner.

In order to lodge a grievance, following actions have to be performed by the


Vendor:

1. Vendor has to register on Grievance Portal using their Mobile Number.

a) Mobile Number will be verified by unique OTP.

b) Vendor will have to provide Company Name / Email / IOCL SAP Vendor
Code – wherever available / Login Password etc during the registration
process.

2. After successful registration, Vendor can login with his / her registered
mobile number and OTP / Login Password.

3. After logging in, Vendor can lodge Grievance thru “Lodge Grievances tab”.

4. The Vendor will have to select the specific IOCL Location pertaining to the
grievance. After this the Vendor will have to select “Materials” or “Contracts”
as the case may be.

The Vendor will receive an email, on successful registration of grievance, along


with Grievance Registration Number with the maximum date for re-dressal of
the grievance. In case the Vendor is not satisfied with the response to the
grievance (s) he will have an option to raise a second grievance.

If the Vendor is satisfied with the response, s(he) will close the same in the
portal, else the system will automatically close the grievance within a defined

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Tender Ref. No. NCM2210065

time frame. In case the vendor is not satisfied with the reply, they will have one
more option to raise a 2nd level grievance.

REVERSE AUCTION (If Applicable) : Applicable for this tender

All rules & regulation related to reverse auction shall govern by GEM Portal
only.

No deviations are allowed in reverse auction based tender.

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Tender Ref. No. NCM2210065

5. THE APPLICABILITY OF GOVERNMENT OF INDIA POLICIES ARE AS


BELOW:

The Applicability of Government of India Policies is as below:

 Startup's and Micro & Small Enterprises (MSE's) – Applicable


 Relaxation w.r.t Pre-Qualification Criteria for Start Ups and MSEs – Not
Applicable
 Public Procurement (Preference to Make In India) (PPP-MII)– Applicable
 Public Procurement (Preference to Make In India) (PPP-MII) : Notified
Electronic Products - Not Applicable
 Domestically Manufactured Iron & Steel Products(DMIS)- Not Applicable

MISCELLANEOUS POLICIES

 TENDER CONDITIONS FOR BENEFITS/PREFERENCE FOR MICRO &


SMALL ENTERPRISES (MSEs)

 OPPORTUNITY TO STARTUP'S AND MICRO & SMALL ENTERPRISES


(MSE'S)

 PUBLIC PROCUREMENT (PREFERENCE TO MAKE IN INDIA) (PPP-MII)

 PUBLIC PROCUREMENT (PREFERENCE TO MAKE IN INDIA) (PPP-MII) :


NOTIFIED ELECTRONIC PRODUCTS

 DOMESTICALLY MANUFACTURED IRON & STEEL PRODUCTS (DMIS)

Page 21 of 48
Tender Ref. No. NCM2210065

5.1 Startup's and Micro & Small Enterprises (MSE's) (If Applicable)

TENDER CONDITIONS FOR BENEFITS /


PREFERENCE FOR MICRO & SMALLENTERPRISES
(MSEs)
1. As per Public Procurement Policy for Micro & Small Enterprises (MSEs) Order, 2012
issued vide Gazette Notification dated 23.03.2012 by Ministry of Micro, Small and
Medium Enterprises of Govt. of India and Gazette Notification no. 2119(E) dated
26.06.2020 in supersession of Gazette Notification no. 1702(E) dated 01.06.2020 ,
Micro and Small Enterprises (MSE's) must have Udyam Registration Certificate (
https://udyamregistration.gov.in) permitted by GOI w.e.f., 01.04.2021, to avail the
benefits / preference available vide Public Procurement Policy MSEs Order, 2012

2. MSEs participating in the tender must submit the Udyam Registration Certificate.
Policy is meant for procurements of only goods produced and services rendered by
MSEs. Stockiest/Traders are excluded from the purview of public procurement policy

3. The Udyam Registration Certificate must be valid as on original close date of the tender.

4. The MSEs who do not have the Udyam Registration Certificate as on original close date
of the tender, are not eligible for exemption / preference.

5. The MSEs registered with Udyam are exempted from payment of Earnest Money Deposit
(EMD).

6. Purchase Preference – Subject to meeting terms and conditions stated in the tender
document including but not limiting to prequalification criteria, 25%(twenty five
percent) of the total quantity of the tender is earmarked for MSEs registered in Udyam
Registration Portal for the tendered item. Where the tendered quantity can be split,
MSEs quoting a price within a price band of L1 +15 percent shall be allowed to supply
up to 25 percent of total tendered quantity provided they match L1 price. In case the
tendered quantity cannot be split, MSE shall be allowed to supply total tendered
quantity provided their quoted price is within a price band of L1 + 15 percent and they
match the L1 price. In case of more than one such MSEs are in the price band of L1 +
15% and matches theL1 price, the supply may be shared proportionately.

7. Out of the 25% (twenty five percent) target of annual procurement from micro and small
enterprises, 4% (four percent) shall be earmarked for procurement from micro and
small enterprises owned by Scheduled Caste & Scheduled Tribe entrepreneurs and 3%
(three percent) for MSEs owned by women entrepreneurs. In the event of failure of such
MSEs to participate in the tender process or meet the tender requirements and L1 price,
4% (four percent) and3% (three percent) sub-targets so earmarked shall be met from
other MSEs.

8. Following bidders shall not get MSE related benefits:


a. MSEs registered as a Service Enterprise participating in a tender for supply of
goods.

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Tender Ref. No. NCM2210065

b. MSEs registered as Manufacturing Enterprise but participating in a tender for


rendering services.

c. The preference to MSEs is not applicable for works contracts where supply of goods
not produced by the MSEs is also involved

9. The value of Performance Bank Guarantee (PBG) shall be relaxed by 50% of the
requirement as per tender terms in case of MSEs owned by SC/ST & Women
entrepreneurs.

NOTE: -

1. In case where tender quantity can be split and MSE vendor is already getting order
for more than 25% of the tender value, no additional purchase preference will be given
in that tender.

2. In case MSE vendor is already getting order for less than 25% of the tender quantity,
purchase preference to this and other MSE vendors (together) shall be given only up to
the differential quantity to make total as 25% to MSE vendor.

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Tender Ref. No. NCM2210065

5.2 Relaxation w.r.t Pre-Qualification Criteria for Start Ups and MSEs (If
Applicable)

OPPORTUNITY TO STARTUP'S AND MICRO & SMALL ENTERPRISES (MSE'S)

In case a Start-up (defined as per Ministry of Commerce and Industry (Department of


Industrial Policy and Promotion, DIPP) latest notification) / MSE is interested in
supplying the tendered item but does not meet the Pre-Qualification Criteria (PQC) /
Proven Track Record (PTR) indicated in the tender document, the Start-up / MSE is
requested to write a detailed proposal separately, and not against the present tender
requirement, to the tender issuing authority about its product. Such proposals shall be
accompanied by relevant documents in support of MSE (where applicable) or in case of
Start-up, following documents shall be given:

1. Certificate of Recognition issued by the Department of Industrial Policy and Promotion,


Ministry of Commerce and Industry, Government of India.
2. Certificate of incorporation
3. Audited P&L statement of all the Financial Years since incorporation. In case where
balance sheet has not been prepared, bidder shall submit a certificate in original from its
CEO / CFO stating the turnover of the bidding entity separately for each Financial Year
since incorporation along with a declaration stating the reason for not furnishing the
audited P&L statement. This certificate shall be endorsed by a Chartered Accountant /
Statutory Auditor.

The proposal shall be examined by IOCL and IOCL may consider inviting a detailed offer
from the Start-up / MSE with the intent to place a trial or test order provided the Start-up
/ MSE meets the quality and Technical Specification.

In case the Start-up / MSE is successful in the trial order, he shall be considered for
PQC exemption / relaxation (as the case may be) for the next tender for such item till the
time he remains a Start-up / MSE.

Criteria of prior experience & Turnover will be relaxed by 100% for MSEs & waived for
Start Ups subject to meeting the quality and technical specification of the tendered
items and where tendered items / services are not critical in nature. The Start-up
bidder shall be required to submit an undertaking along with the bid stating that they
will comply with all quality requirements and technical specifications of the tender
during execution. Documents as mentioned above shall be required to be submitted
for seeking the said relaxation.

In order to avail Start-up benefits, bidder shall be recognized as a Start-up as on the


Original Bid Opening Date stated in the e-tender portal.

Page 24 of 48
Tender Ref. No. NCM2210065

5.3 Subject: Public Procurement (Preference to Make in India (PPP-MII) (If Applicable)

As per Order ref. no.FP-20013/2/2017-FP-PNG-Part (4) (E-41432) dtd.26.04.2022,


issued by Ministry of Petroleum and Natural Gas (MoP&NG)-Government of India,
Public Procurement (Preference to Make in India) Order, 2017 issued by DPIIT
(reproduced as hereunder) and as amended time to time shall be applicable along-with
the modifications as under:

Following modifications against ‘Para 14’ of the PPP-MII Order shall be applicable:

a. Limit for exemption of small purchase under para 4 of the PPP-MII Order, 2017
shall be Rs.1 Crore.

b. Local value addition through services such as transportation, insurance,


installation, commissioning, training and after sales services support like
AMC/CMC etc. shall continue to be considered in local content calculation.

c. HP-HT operations in upstream oil and gas business activities shall be exempted
from applicability of the order.

Policy - Public Procurement (Preference to Make in India) Order, 2017 – Revision


dtd. 16.09.2020

Department for Promotion of Industry and Internal Trade, in partial


modification [Paras2,3,5,10&13] of Order No. P-45021/2/2017-B.E.-
IIdated 15.6.2017 as amended by Order No. P-45021/2/2017-B.E.-II dated
28.05.2018, Order No. P-45021/2/2017-B.E.-II dated 29.05.2019 and
Order No.P-45021/2/2017-B.E.-II dated 04.06.2020, hereby issues the
revised ‘Public Procurement (Preference to Make in India), Order 2017”
dated 16.09.2020 effective with immediate effect.

Whereas it is the policy of the Government of India to encourage ‘Make in


India’ and promote manufacturing and production of goods and services in India
with a view to enhancing income and employment, and

Whereas procurement by the Government is substantial in amount and


can contribute towards this policy objective, and

Whereas local content can be increased through partnerships, cooperation


with local companies, establishing production units in India or Joint Ventures (JV)
with Indian suppliers, increasing the participation of local employees in services
and training them,

Now therefore the following Order is issued:

1. This Order is issued pursuant to Rule 153 (iii) of the General Financial Rules
2017.

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Tender Ref. No. NCM2210065

2. Definitions: For the purposes of this Order:

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

‘Class-I local supplier’ means a supplier or service provider, whose goods,


services or works offered for procurement, meets the minimum local content as
prescribed for 'Class-I local supplier’ under this Order.

‘Class-II local supplier’ means a supplier or service provider, whose goods,


services or works offered for procurement, meets the minimum local
content as prescribed for ‘Class-II local supplier’ but less than that
prescribed for ‘Class-I local supplier’ under this Order

‘Non - Local supplier’ means a supplier or service provider, whose goods,


services or works offered for procurement, has local content less than that
prescribed for ‘Class-Il local supplier’ under this Order.

‘L1’ means the lowest tender or lowest bid or the lowest quotation received
in a tender, bidding process or other procurement solicitation as adjudged
in the evaluation process as per the tender or other procurement
solicitation.

‘Margin of purchase preference’ means the maximum extent to which the


price quoted by a ‘’Class-I local supplier’’ may be above the L1 for the
purpose of purchase preference.

‘Nodal Ministry’ means the Ministry or Department identified pursuant to


this order in respect of a particular item of goods or services or works.

‘Procuring entity’ means a Ministry or department or attached or


subordinate office of, or autonomous body controlled by, the Government
of India and includes Government companies as defined in the Companies
Act.

‘Works’ means all works as per Rule 130 of GFR- 2017, and will also
include 'turnkey works’.

3. Eligibility of ‘Class-I local supplier’/ ‘Class-II local supplier’/ ‘Non-


local suppliers’ for different types of procurement

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


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

Page 26 of 48
Tender Ref. No. NCM2210065

(b) Only ‘Class I local supplier’ and ‘Class-Il local supplier’ , as

(c) defined under the Order, shall be eligible to bid in procurements


undertaken by procuring entities, except when Global tender enquiry has
been issued. In global tender enquiries, ‘Non-local suppliers' shall also be
eligible to bid along with ‘Class-I local suppliers’ and ‘Class-II local
suppliers’. In procurement of all goods, services or works, not covered by
sub- para 3(a) above, and with estimated value of purchases less than Rs.
200 Crore, in accordance with Rule 161(iv) of GFR, 2017, Global tender
enquiry shall not be issued except with the approval of competent
authority as designated by Department of Expenditure.

(d) For the purpose of this Order, works includes Engineering,


Procurement and Construction (EPC) contracts and services include
System Integrator (SI) contracts

3A. Purchase Preference

(a) Subject to the provisions of this Order and to any specific


instructions issued by the Nodal Ministry or in pursuance of this Order,
purchase preference shall be given to ‘Class-I local supplier’ in
procurements undertaken by procuring entities in the manner specified
here under.

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


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

i. Among all qualified bids, the lowest bid will be termed as L1. If L1 is
‘Class-I local supplier’, the contract for full quantity will be awarded to
LI.

ii. If L1 bid is not a ‘Class-I local supplier’, 50% of the order quantity shall
be awarded to L1. Thereafter, the lowest bidder among the ‘Class-I
local supplier' will be invited to match the L1 price for the remaining
50% quantity subject to the Class-I local supplier’s quoted price falling
within the margin of purchase preference, and contract for that
quantity shall be awarded to such ‘Class-I local supplier’ subject to
matching the L1 price. In case such lowest eligible ‘Class I local
supplier’ fails to match the L1 price or accepts less than the offered
quantity, the next higher ‘Class-I local supplier’ within the margin of
purchase preference shall be invited to match the L1 price for
remaining quantity and so on, and contract shall be awarded
accordingly. In case some quantity is still left uncovered on Class-I
local suppliers, then such balance quantity may also be ordered on the
L1 bidder.

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Tender Ref. No. NCM2210065

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


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

i. Among all qualified bids, the lowest bid will be termed as L1. If L1 is
‘Class-I local supplier’, the contract will be awarded to L1.
ii. If L1 is not ‘Class I local supplier’, the lowest bidder among the ‘Class-I
local supplier’, will be invited to match the L1 price subject to Class-I
local supplier’s quoted price falling within the margin of purchase
preference, and the contract shall be awarded to such ‘Class-I local
supplier’ subject to matching the L1 price.
iii. In case such lowest eligible ‘Class-I local supplier’ fails to match the L1
price, the ‘Class-I local supplier’ with the next higher bid within the
margin of purchase preference shall be invited to match the L1 price and
so on and contract shall be awarded accordingly. In case none of the
‘Class-I local supplier’ within the margin of purchase preference matches
the L1 price, the contract may be awarded to the L1 bidder.

(d) ‘‘Class-II local supplier” will not get purchase preference in any
procurement, undertaken by procuring entities.

3B. Applicability in tenders where contract is to be awarded to


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

a) In case there is sufficient local capacity and competition for the


item to be procured, as notified by the nodal Ministry, only Class I local
suppliers shall be eligible to bid. As such, the multiple suppliers, who
would be awarded the contract, should be all and only ‘Class I Local
suppliers’.

b) In other cases, ‘Class II local suppliers’ and ‘Non local suppliers’


may also participate in the bidding process along with ‘Class I Local
suppliers’ as per provisions of this Order.

c) If ‘Class I Local suppliers’ qualify for award of contract for at least


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

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Tender Ref. No. NCM2210065

bidder considered for award of contract so as to ensure that the ‘Class I


Local suppliers’ taken in totality are considered for award of contract
for at least 50% of the tendered quantity.

d) First purchase preference has to be given to the lowest quoting


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

e) To avoid any ambiguity during bid evaluation process, the


procuring entities may stipulate its own tender specific criteria for award
of contract amongst different bidders including the procedure for purchase
preference to ‘Class-I local supplier’ within the broad policy guidelines
stipulated in sub-paras above.

4. Exemption of small purchases: Notwithstanding anything contained in


paragraph 3, procurements where the estimated value to be procured is
less than Rs. 5 Lakhs shall be exempt from this Order. However, it shall
be ensured by procuring entities that procurement is not split for the
purpose of avoiding the provisions of this Order.

5. Minimum local content: The ‘local content’ requirement to categorize a


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

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


be 20%.

7. Requirement for specification in advance: The minimum local content,


the margin of purchase preference and the procedure for preference to
Make in India shall be specified in the notice inviting tenders or other form
of procurement solicitation and shall not be varied during a particular
procurement transaction.

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


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

9. Verification of local content:

a. The ‘Class-I local supplier’/ ‘Class-II local supplier' at the time of


tender, bidding or solicitation shall be required to indicate percentage
of local content and provide self-certification that the item offered
meets the local content requirement for ‘Class-I local supplier’ / ‘Class-
II local supplier’, as the case may be. They shall also give details of the
location(s) at which the local value addition is made.

b. In cases of procurement for a value in excess of Rs. 10 crores, the


‘Class-I local supplier’/ ‘Class-II local supplier’ shall be required to
provide a certificate from the statutory auditor or cost auditor of the
company (in the case of companies) or from a practicing cost accountant
or practicing chartered accountant (in respect of suppliers other than
companies) giving the percentage of local content.

c. Decisions on complaints relating to implementation of this Order shall


be taken by the competent authority which is empowered to look into
procurement-related complaints relating to the procuring entity.
d. Nodal Ministries may constitute committees with internal and external
experts for independent verification of self-declarations and auditor’s/
accountant’s certificates on random basis and in the case of
complaints.

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

f. False declarations will be in breach of the Code of Integrity under Rule


175(1)(i)(h) of the General Financial Rules for which a bidder or its
successors can be debarred for up to two years as per Rule 151 (iii) of
the General Financial Rules along with such other actions as may be
permissible under law.

g. A supplier who has been debarred by any procuring entity for violation
of this Order shall not be eligible for preference under this Order for
procurement by any other procuring entity for the duration of the

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Tender Ref. No. NCM2210065

debarment. The debarment for such other procuring entities shall


take effect prospectively from the date on which it comes to the notice
of other procurement entities, in the manner prescribed under
paragraph 9h below.

h. The Department of Expenditure shall issue suitable instructions for


the effective and smooth operation of this process, so that:

i. The fact and duration of debarment for violation of this Order by any
procuring entity are promptly brought to the notice of the Member-
Convenor of the Standing Committee and the Department of
Expenditure through the concerned Ministry /Department or in some
other manner;

ii. on a periodical basis such cases are consolidated and a centralized


list or decentralized lists of such suppliers with the period of
debarment is maintained and displayed on website(s) ;

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

10. Specifications in Tenders and other procurement solicitations:

a. Every procuring entity shall ensure that the eligibility conditions in


respect of previous experience fixed in any tender or solicitation do not
require proof of supply in other countries or proof of exports.

b. Procuring entities shall endeavor to see that eligibility conditions,


including on matters like turnover, production capability and financial
strength do not result in unreasonable exclusion of ‘Class-I local
supplier’ / ‘Class-II local supplier’ who would otherwise be eligible,
beyond what is essential for ensuring quality or creditworthiness of the
supplier.

c. Procuring entities shall, within 2 months of the issue of this Order


review all existing eligibility norms and conditions with reference to
sub-paragraphs ‘a’ and ‘b’ above.
d. Reciprocity Clause

i. When a Nodal Ministry/Department identifies that Indian suppliers of


an item are not allowed to participate and/ or compete in
procurement by any foreign government, due to restrictive tender
conditions which have direct or indirect effect of barring Indian
companies such as registration in the procuring country, execution of

Page 31 of 48
Tender Ref. No. NCM2210065

projects of specific value in the procuring country etc., it shall provide


such details to all its procuring entities including CMDs/CEOs of
PSEs/PSUs, State Governments and other procurement agencies under
their administrative control and GeM for appropriate reciprocal action.

ii. Entities of countries which have been identified by the nodal


Ministry/Department as not allowing Indian companies to participate in
their Government procurement for any item related to that nodal
Ministry shall not be allowed to participate in Government procurement
in India for all items related to that nodal Ministry/ Department, except
for the list of items published by the Ministry/ Department permitting
their participation.

iii. The stipulation in (ii) above shall be part of all tenders invited by the
Central Government procuring entities stated in (i) above. All purchases
on GeM shall also necessarily have the above provisions for items
identified by nodal Ministry/ Department.

iv. State Governments should be encouraged to incorporate similar


provisions in their respective tenders

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

e. Specifying foreign certifications/ unreasonable technical


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

f. ‘‘All administrative Ministries/Departments whose procurement


exceeds Rs. 1000 Crore per annum shall notify/ update their
procurement projections every year, including those of the PSEs/PSUs,
for the next 5 years on their respective website. "

10A. Action for non-compliance of the Provisions of the Order: In


case restrictive or discriminatory conditions against domestic suppliers are
included in bid documents, an inquiry shall be conducted by the
Administrative Department undertaking the procurement (including
procurement by any entity under its administrative control) to fix
responsibility for the same. Thereafter, appropriate action, administrative or
otherwise, shall be taken against erring officials of procurement entities

Page 32 of 48
Tender Ref. No. NCM2210065

under relevant provisions. .Intimation on all such actions shall be sent to


the Standing Committee.

11. Assessment of supply base by Nodal Ministries: The Nodal Ministry


shall keep in view the domestic manufacturing / supply base and assess
the available capacity and the extent of local competition while identifying
items and prescribing the higher minimum local content or the manner of
its calculation, with a view to avoiding cost increase from the operation of
this Order.

12. Increase in minimum local content: The Nodal Ministry may annually
review the local content requirements with a view to increasing them,
subject to availability of sufficient local competition with adequate quality.

13. Manufacture under license/ technology collaboration agreements


with phased indigenization: While notifying the minimum local content,
Nodal Ministries may make special provisions for exempting suppliers
from meeting the stipulated local content if the product is being
manufactured in India under a license from a foreign manufacturer who
holds intellectual property rights and where there is a technology
collaboration agreement / transfer of technology agreement for indigenous
manufacture of a product developed abroad with clear phasing of increase
in local content.

13A. In procurement of all goods, services or works in respect of which there is


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

14. Powers to grant exemption and to reduce minimum local content:


The administrative Department undertaking the procurement (including
procurement by any entity under its administrative control), with the
approval of their Minister-in-charge, may by written order, for reasons to
be recorded in writing,

a. reduce the minimum local content below the prescribed level; or

b. Reduce the margin of purchase preference below 20%; or

Page 33 of 48
Tender Ref. No. NCM2210065

c. Exempt any particular item or supplying entities from the


operation of this Order or any part of the Order.

A copy of every such order shall be provided to the Standing Committee


and concerned Nodal Ministry / Department. The Nodal Ministry /
Department concerned will continue to have the power to vary its
notification on Minimum Local Content.

15. Directions to Government companies: In respect of Government


companies and other procuring entities not governed by the General
Financial Rules, the administrative Ministry or Department shall issue policy
directions requiring compliance with this Order.

16. Standing Committee: A standing committee is hereby constituted with


the following membership:

Secretary, Department for Promotion of Industry and Internal Trade—


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

17. Functions of the Standing Committee: The Standing Committee shall


meet as often as necessary, but not less than once in six months. The
Committee
a. shall oversee the implementation of this order and issues arising
therefrom, and make recommendations to Nodal Ministries and procuring
entities.

b. s h a l l annually assess and periodically monitor compliance with this


Order
c. shall identify Nodal Ministries and the allocation of items among them
for issue of notifications on minimum local content
d. may require furnishing of details or returns regarding compliance with
this Order and related matters
e. may, during the annual review or otherwise, assess issues, if any,
where it is felt that the manner of implementation of the order results
in any restrictive practices, cartelization or increase in public
expenditure and suggest remedial measures
f. may examine cases covered by paragraph 13 above relating to
manufacture under license/ technology transfer agreements with a
view to satisfying itself that adequate mechanisms exist for

Page 34 of 48
Tender Ref. No. NCM2210065

enforcement of such agreements and for attaining the underlying


objective of progressive indigenization
g. m a y consider any other issue relating to this Order which may arise.

18. Removal of difficulties: Ministries /Departments and the Boards of


Directors of Government companies may issue such clarifications and
instructions as may be necessary for the removal of any difficulties arising
in the implementation of this Order.

19. Ministries having existing policies: Where any Ministry or Department


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

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

Note: The above mentioned Policy details can also be accessed from the website of
DPIIT.

With reference to the above, Bidder is requested to submit an


undertaking along with the techno-commercial bid for declaring
“LOCAL CONTENT AGAINST PPP-MII POLICY”(Format available in
tender documents).

Note: Request for price matching to any of PPP-MII / MSE


bidder and subsequent matching do not guarantee the
placement of purchase order.

Page 35 of 48
Tender Ref. No. NCM2210065

5.4 Subject: Public Procurement (Preference To Make in India (PPP-MII) – For


Notified Electronic Products: Not Applicable for this tender

Policy - Public Procurement (Preference to Make in India) Order 2017-


Notifying Electronic Products

The policy shall be applicable as per Notification No. F. No. W-43/4/2019-IPHW-


MeitY Dtd 07.09.2020 issued by MINISTRY OF ELECTRONICS AND INFORMATION
TECHNOLOGY (IPHW DIVISION) and amendments.

As per Notification No. F. No. W-43/4/2019-IPHW-MeitY Dtd. 07.09.2020


following Electronic Products are notified under the Public Procurement
(Preference to Make in India) Order 2017:

i. Desktop Personal Computers (PCs)


ii. Thin Clients
iii. Laptop Personal Computers (PCs)
iv. Computer Monitors
v. Tablet Personal Computers (PCs)
vi. Dot Matrix Printers
vii. Smart Cards
viii. LED Products
ix. Biometric Access Control/Authentication Devices
x. Biometric Finger Print Sensors
xi. Biometric Iris Sensors
xii. Servers
xiii. Cellular Mobile Phones

With reference to the above, Bidder is requested to submit an undertaking


along with the techno-commercial bid for declaring “LOCAL CONTENT
AGAINST PPP-MII POLICY” (Format available in tender documents).

Page 36 of 48
Tender Ref. No. NCM2210065

Format Annexure - 1

PERFORMA FOR DEVIATIONS- TECHNICAL / COMMERCIAL

(Bidder may stipulate here "TECHNICAL / COMMERCIAL" exception(s) and deviation(s) to Bid Documents, if
considered unavoidable.)

Sr. Referred Clause Description of Deviation proposed by


No. document No. Clause bidder
name/ GeM Bid
page no.

TECHNICAL
DEVIATION (S)

COMMERCIAL
DEVIATION (S)

Note: Bidder should note that this Annexure has been included in the Bid
Documents solely for the convenience of the Bidder so as to facilitate them to
list out the "TECHNICAL / COMMERCIAL “deviation(s)/exception(s) from/to the
Bid Documents. IOCL will not consider any "TECHNICAL / COMMERCIAL
“deviation(s)/exception(s) which are not listed in this Annexure, for evaluation
of bidder's offer.

Seal &Signature of Bidder:

Name of Signatory:

Page 37 of 48
Tender Ref. No. NCM2210065

Format Annexure – 2 (A)

UNDERTAKING FOR LOCAL CONTENT AGAINST PPP-MII POLICY


(To be submitted on Company’s Letterhead)- For Less than 10 Crore

E-tender / GeM ID - ……………………………………..


Certification by bidder

I____________________________, Son/ Daughter of


_____________________________________, do solemnly affirm and state as under:

1. That I am the ______________________<<Designation of the authorized


signatory>>of _______________and I am duly authorized to furnish this
undertaking declaration on behalf of_____________.
2. That__________ has submitted its bid no _______________ dated ________
against bidding document no___________ dated ______ for ________ item /
works for ________ ............. Project/Refinery of IOCL.
3. That the Company is fully aware of the provisions of Public Procurement
(Preference to Make in India), Order - 2017 and amendments thereof,
enclosed in the above bidding document.
4. We hereby confirm that our offer is achieving the local content (LC) of

a. minimum 50%

b. 20% <= LC < 50%

c. LC < 20%

(Tick whichever is applicable.)

5. I confirm that I am aware of the implication of the above undertaking and our
liability on account of wrong declaration.

(Authorized signatory of Supplier)

Note: This undertaking shall be certified by the authorized signatory of the


bidder, signing the bid. Preference is applicable only for suppliers claiming
minimum 50 % Local Content.

Page 38 of 48
Tender Ref. No. NCM2210065

UNDERTAKING FOR LOCAL CONTENT AGAINST PPP-MII POLICY


(To be submitted on Company’s Letterhead)-For More than 10 Crore

E-tender / GeM Bid ID - ……………………………………..


Certification by the bidder

I_______________________________, Son/ Daughter of


_________________________________, do solemnly affirm and state as under:

1. I am the ______________________<<Designation of the authorized signatory>>of


_______________and I am duly authorized to furnish this undertaking
declaration on behalf of_____________.
2. That__________ has submitted its bid no _______________ dated ________
against bidding document no___________ dated ______ for ________ item /
works for ________ Project / Refinery of IOCL.
3. That the Company is fully aware of the provisions of Public Procurement
(Preference to Make in India), Order - 2017 and amendments thereof,
enclosed in the above bidding document.
4. We hereby confirm that our offer is achieving the local content (LC) of
a. minimum 50%
b. 20% <= LC < 50%
c. LC < 20%
(Tick whichever is applicable.)
5. I confirm that I am aware of the implication of the above undertaking and our
liability on account of wrong declaration.

(Authorized signatory of Supplier)

Certification by the statutory auditor / Chartered Accountant of the bidder

We, _________________________________, a CA firm having our registered office


address _____________________________ and certificate number ________________
certify that we are statutory auditor of the Company M/s
____________________________, having its registered office at
______________________________.

Page 39 of 48
Tender Ref. No. NCM2210065

OR

We, _________________________________, a CA firm having our registered office


address _____________________________ and certificate number ________________
certify that statutory auditor is not mandatory for the company M/s
____________________________, having its registered office at
______________________________ as per prevailing law and we are practicing
Chartered Accountant, not being an employee / Director and not having any
interest in the company.

We have understood the provisions of Public Procurement (Preference to Make in


India), Order - 2017, enclosed in the above bidding document.

We hereby confirm that our offer is achieving the local content of


a. minimum 50%
b. 20% <= LC < 50%
c. LC < 20%
(Tick whichever is applicable.)

(Statutory auditor / Chartered Accountant of the bidder)

E-tender / GeM Bid ID - ……………………………………..

Note: - This undertaking shall be certified by the authorized signatory of the


bidder, signing the bid. Preference is applicable only for suppliers claiming
minimum 50 % Local Content.
i. The Proprietor and an independent Chartered Accountant, not being an
employee of the firm, in case of a proprietorship firm.
ii. Any one of the partners and an independent Chartered Accountant, not being
an employee of the firm, in case of a partnership firm.
iii. Statutory auditors in case of a company (as stated in said Policy in this
Tender Document)

Page 40 of 48
Tender Ref. No. NCM2210065

Format Annexure – 2 (B)

PERFORMA FOR DECLARATIONOF LOCAL CONTENT %

Sr No. Item Description Details of Location Percentage of local


(Scope & Specifications shall be (s) at which local content (%)
as per Tender documents) value addition is
made
1 SCHEDULE 1GeM Bid
2 SCHEDULE 2 GeM Bid
3 SCHEDULE 3 GeM Bid

NOTES:

10. Please fill items wise Local Content percentage against each Sl. No. in the
above given table.
11. For more line items as per GeM Bid Documents, details of local content for all
items to be indicated by adding rows.

Seal & Signature of Bidder

Page 41 of 48
Tender Ref. No. NCM2210065

Format Annexure - 2

PERFORMA FOR PQC DOC- DETAILS


Important Instructions: IOCL Reserves the right to complete the evaluation w.r.t. "Pre-
Qualification Criteria", based on the documents mentioned below only without taking
cognizance of any other documents submitted towards "PQC", which is not mentioned
below. In case required details are not mentioned in the relevant cells and merely
enclosed/attached etc. is mentioned, IOCL may not take cognizance of such documents
during evaluation.
Please submit details of only those complete documents for relevant orders etc., which
you consider are meeting IOCL tender PQC requirements in toto.

A - Technical PQC
Sr. Purchase PO. PO ISSUED BY full address of Short Order Value Order Documentary
No. Order Dt. (client name) the client and descriptio ( On FOR execution/co evidence as
No./Document M/s contact person n of despatch mpletion dt. proof of
name (Name & Items point / FCA execution/co
Details i.e. Mail under PO / FOB Port mpletion as
ID , Mobile No. of exit mentioned in
etc) basis ) Tender PQC
requirement
Not Applicable

B - Commercial PQC
Sr. Purchase PO. PO ISSUED BY full address of Short Order Order Order
No. Order Dt. (client name) the client and descriptio Executed execution/ execution
No./Document M/s contact person n of Value ( On completion proof. as
name (Name & Items FOR dt. mentioned in
Details i.e. Mail under PO despatch Tender PQC
ID , Mobile No. point / FCA / requirement
etc) FOB Port of
exit
basis )

Page 42 of 48
Tender Ref. No. NCM2210065

C - Financial PQC
Sr. Financial Year Details of Documentary evidence (i.e. audited Turnover (Rs.) Remarks if any.
No. balance sheet/ profit and loss statement of
audited balance sheet / published annual
report / balance sheet in public domain etc.)
1 2019-20
2 2020-21
3 2021-22

Seal &Signature of Bidder:

Name of Signatory:

Page 43 of 48
Tender Ref. No. NCM2210065

Format Annexure – 3

PROFORMA OF DECLARATION OF BLACK LISTING /


HOLIDAY LISTING

In the case of a Proprietary Concern:


I hereby declare that neither I, in my personal name nor in the name of my
Proprietary Concern, M/s_________________________ which is submitting the
accompanying Bid/Tender nor any other concern in which I am proprietor nor
any partnership firm in which I am involved as a Partner are presently on any
blacklist or holiday list declared by Indian Oil Corporation Ltd. or by Ministry of
Petroleum Natural Gas (MOPNG), nor any inquiry is pending by Indian Oil
Corporation Ltd. or MOPNG, in respect of any corrupt or fraudulent practice(s)
against me or any other of my proprietorship concern(s) or against any
partnership firm(s) in which I am or was at the relevant time involved as a
partner, except as indicated below:

(Here give particulars of blacklisting or holiday listing, and /or inquiry and
in absence thereof state "NIL")

In the case of a Partnership Firm:

We hereby declare that neither we, M/s ____________________________, which is


submitting the accompanying Bid/Tender, nor any partner involved in the said
firm either in his individual capacity or as proprietor or partner of any other firm
or concern presently, are placed on any blacklist or holiday list declared by
Indian Oil Corporation Ltd. or by Ministry of Petroleum Natural Gas (MOPNG),
nor any inquiry is pending by Indian Oil Corporation Ltd. or MOPNG, in respect
of corrupt or fraudulent practice(s) against us or any other concern or firm of
which he is proprietor or partner, except as indicated below:

(Here give particulars of blacklisting or holiday listing and/or inquiry and in


the absence thereof state "NIL")

In the case of Company:

We hereby declare that neither we are presently neither placed on any holiday list
or blacklist declared by Indian Oil Corporation Ltd. Or by Ministry of Petroleum &
Natural Gas (MOPNG), nor any inquiry is pending by Indian Oil Corporation Ltd.
or MOPNG, in respect of corrupt or fraudulent practice(s), except as indicated
below:

(Here give particulars of black listing or holiday listing and/or inquiry and
in the absence thereof state "NIL")

Page 44 of 48
Tender Ref. No. NCM2210065

In the case of Consortium:

We hereby declare that none of the members of the Consortium are presently
placed on any holiday list or blacklist declared by Indian Oil Corporation Ltd. Or
by Ministry of Petroleum & Natural Gas (MOPNG), nor any inquiry is pending by
Indian Oil Corporation Ltd. or MOPNG, in respect of corrupt or fraudulent
practice(s), except as indicated below:

(Here give particulars of black listing or holiday listing and/or inquiry and
in the absence thereof state "NIL")

It is understood that if this declaration is found to be false in any particular,


Indian Oil Corporation Ltd. shall have the right to reject my/our bid, and if the
bid has resulted in a contract, the contract is liable to be terminated without
prejudice to any other right or remedy (including black listing or holiday listing)
available to Indian Oil Corporation Ltd.

Place: Signature of Bidder:

Date: Name of Signatory:

Page 45 of 48
Tender Ref. No. NCM2210065

Format Annexure - 4

PEROFORMA FOR DECLARATION ON PROCEEDINGS UNDER INSOLVENCY


AND BANKRUPTCY CODE, 2016 {to be submitted in Bid Documents}

GEM Bid No : …………………………………

Bidder Name: ………………………………

I/ We hereby declare that I/We /M/s________________________, declare that :

i. I / We am/are not undergoing insolvency resolution process or liquidation


or bankruptcy proceeding as on date.

Or,

ii. I / We am/are undergoing insolvency resolution process or liquidation or


bankruptcy proceeding as on date as per details mentioned below.
(Attached detail with technical bid)

Note: - Strike out which is not applicable.

It is understood that if this declaration is found to be false, Indian Oil


Corporation Ltd. shall have the right to reject my/our bid, and forfeit the EMD. If
the bid has resulted in a contract, the contract will be liable for termination
without prejudice to any other right or remedy (including black listing or holiday
listing) available to Indian Oil Corporation Ltd.

Place: Seal &Signature of Bidder:

Date: Name of Signatory:

Page 46 of 48
Tender Ref. No. NCM2210065

Format Annexure - 5

DECLARATION ON ACCEPTANCE OF TENDER SCOPE, SPECIFICATIONS,


TERMS & CONDITIONS

(To be submitted by the bidder along with the Bid, otherwise the Offer may be
liable for rejection)

GeM Bid Number: …………………………………

Bidder Name: ………………………………

It is hereby declared that we have read and understood the entire tender
documents available on GeM portal for above GeM bid and confirm our
acceptance to the Tender scope, technical specifications, all terms & conditions
etc. as mentioned in these tender documents , subject to deviations (if any)
indicated in the prescribed “Deviation sheet” of the tender. The Deviations
indicated anywhere else other than prescribed “Deviation sheet” shall be ignored
by IOCL.

It is also hereby declared that none of these e-documents have been tampered
with. In case of tampering of e-documents, our bid shall be rejected outright and
EMD forfeited without prejudice to any other rights or remedies available to
IOCL.

Offer Reference No. with date.


Vendor's Name
Authorized Person's Name (s):
Designation
Email ID (s)
Mobile No. (s)
Tel. No. (s)
Fax No.

Address

Place: Seal & Signature of Bidder:

Date: Name of Signatory:

Page 47 of 48
Tender Ref. No. NCM2210065

Format Annexure - 6

(On Company Letterhead)

Format of Bid Security Declaration from bidders in lieu of Earnest Money


Deposit / Bid Security.

I /We, the authorized signatory of M/s______________, participating in the subject


Tender No: ______, for the job of _______________, do hereby declare that in the
event:

I / We withdraw / modify our bid during the period of bid validity

OR

I/We commit any other breach of tender conditions/ contract which would have
otherwise attracted forfeiture of EMD

OR

I / We fail to / refuse to initiate the execution of the awarded Contract as per the
terms of the Contract

then I / We could be debarred from being eligible for bidding / award of all future
tender(s) of Indian Oil Corporation Limited for a period of SIX Months from the
date of communication of such debarment.

Signature and seal of authorized signatory of bidder

Name of authorized signatory:

Page 48 of 48

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