Procurement of HDPE Pipes and Fittings For Water Supply System For Subansiri Lower HE Project, NHPC Limited
Procurement of HDPE Pipes and Fittings For Water Supply System For Subansiri Lower HE Project, NHPC Limited
Procurement of HDPE Pipes and Fittings For Water Supply System For Subansiri Lower HE Project, NHPC Limited
Online electronic bids under Two-Cover system are invited for and on behalf of NHPC Limited,
Subansiri Lower H.E. Project for “Procurement of HDPE Pipes and Fittings for water supply
system for Subansiri Lower HE Project, NHPC Limited”, as briefly described hereunder.
Tender document can be viewed and downloaded from Central Public Procurement (CPPP) Portal
http://eprocure.gov.in/eprocure/app, and only electronic online bid is to be submitted on
http://eprocure.gov.in/eprocure/app, up to last date and time of submission of tender. Sale of hard
copy of tender document is not applicable.
1. Eligible Bidders
1.1 The following minimum Qualifying Criteria has been set forth for the procurement:-
1.1.1 The bidder should be manufacturer of goods i.e HDPE pipes. The HDPE pipe should
conform to IS:4984 standard.
Bidder should submit a valid BIS license of IS:4984 standard in support of the same.
1.1.2 The bidder should have Monthly production capacity of Minimum 400Mtr of HDPE Pipes.
Bidder should submit valid certificate of annual production capacity duly authenticated
through the concerned department.
1.1.3 The bidder should have valid ISO 9001 certification.
Towards documentary evidence, bidder should submit authenticated copy of ISO.
(The reference date for considering the period for eligibility/ qualification requirements above
shall be the last day of the month previous to the one in which tenders are invited.)
1.2 The Manufacturer should not have a history of poor performance such as abandoning the works,
financial failures, blacklisting. If it is observed, Manufacturer/ Supplier will be automatically
disqualified.
Declaration in this regard as per Annexure-IV is to be submitted.
1.3 Bids should be submitted strictly in accordance with Technical and Commercial terms and
conditions of the Tender enquiry.
Bidder has to submit a “No deviation certificate” as per format enclosed at Annexure-V.
1.4 The bidder shall submit duly filled rate Reasonability Certificate.
Bidder has to submit a Rate Reasonability Certificate as per format at Annexure-VII on
company letter head.
1.5 To improve transparency and fairness in tendering process the Employer is implementing
Integrity Pact as per Clause 22 of this ITB.
The bidder must submit the Integrity Pact as per Proforma (Annexure-XII) duly signed as per
Clause 21 of ITB.
(Note-Bidder meeting the Eligibility Criteria specified above will be considered for evaluation and
award of the Contract. Bidders will submit requisite supporting documents and testimonials with their
Bids to prove their credentials and claim of meeting the Eligibility Criteria. Subcontractors' technical
experience and financial resources shall not be taken into account in determining the Bidder's
compliance with the qualifying criteria).
Manager (P&C)
1. Online bids (E-tender) under two cover system is hereby invited on behalf of NHPC Ltd.,
Faridabad (A Public Sector Enterprise of the Government of India) (hereinafter referred to as the
“Employer”) from reputed firms for “Procurement of HDPE Pipes and Fittings for water
supply system for Subansiri Lower HE Project, NHPC Limited” as per the enclosed
Scheduled-A (Schedule of Quantities and Prices). Tender forms to be downloaded from
http://eprocure.gov.in/eprocure/app,
1.1 This section of the bidding documents provides the information necessary for bidders to prepare
online responsive bids, in accordance with the requirements of the Employer. It also provides
information on online bid submission, opening, evaluation and contract award.
The bidders are required to submit soft copies of their bids electronically on the Central Public
Procurement (CPP) Portal ie http://eprocure.gov.in/eprocure/app, using valid Digital
Signature Certificates. The instructions given below are meant to assist the bidders in registering
on the CPP Portal, prepare their bids in accordance with the requirements and submitting their
bids online on the CPP Portal. Bid documents may be scanned with 100 dpi with black and white
option which helps in reducing size of the scanned document.
1.2.1 REGISTRATION:
(i) Bidders are required to enroll on the e-Procurement module of the Central Public
Procurement Portal by using the “Online Bidder Enrollment” option available on the
home page. Enrolment on the CPP Portal is free of charge.
(ii) During enrolment/ registration, the bidders should provide the correct/ true information
including valid email-id & mobile no. All the correspondence shall be made directly with
the contractors/ bidders through email-id provided.
(iii) As part of the enrolment process, the bidders will be required to choose a unique
username and assign a password for their accounts.
(iv) For e-tendering possession of valid Digital Signature Certificate (Class II or Class III
Certificates with signing key usage) is mandatory which can be obtained from
SIFY/nCode/eMudra or any Certifying Authority recognized by CCA India on eToken/
SmartCard.
(v) Upon enrolment on CPP Portal for e-tendering, the bidders shall register their valid
Digital Signature Certificate with their profile.
(vi) Only one valid DSC should be registered by a bidder. Bidders are responsible to ensure
that they do not lend their DSCs to others which may lead to misuse and should ensure
safety of the same.
(vii) Bidders can then log into the site through the secured login by entering their userID/
password and the password of the DSC/ eToken.
(i) For preparation of bid Bidders shall search the tender from published tender list available
on site and download the complete tender document and should take into account
corrigendum if any published before submitting their bids.
After selecting the tender document same shall be moved to the ‘My favourite’ folder of
bidders account from where bidder can view all the details of the tender document.
(ii) Bidder shall go through the tender document carefully to understand the documents
required to be submitted as part of the bid. Bidders shall note the number of covers in
which the bid documents have to be submitted, the number of documents – including the
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Page 4 of 46
names and content of each of the document that need to be submitted. Any deviations
from these may lead to rejection of the bid.
(iii) Any pre-bid clarifications if required, then the same may be obtained online through the
tender site, or through the contact details given in the tender document.
(iv) Bidders should get ready in advance the bid documents to be submitted as indicated in
the tender document/schedule in PDF/xls/rar/ dwf formats. If there is more than one
document, they can be clubbed together using rar format.
(v) Bidders can update well in advance, the documents such as experience certificates,
annual report, PAN, EPF & other details etc., under “My Space” option, which can be
submitted as per tender requirements. This will facilitate the bid submission process
faster by reducing upload time of bids.
(i) Bidder should log into the site well in advance for bid submission so that he/ she upload
the bid in time i.e. on or before the bid submission time.
(ii) Bidder should prepare the Tender Fee and EMD as per the instructions specified in the
NIT/ tender document. The details of the DD/BC/BG physically sent, should tally with
the details available in the scanned copy and the data entered during bid submission time.
Otherwise the uploaded bid will be rejected.
(iii) While submitting the bids online, the bidder shall read the terms & conditions (of CPP
portal) and accepts the same in order to proceed further to submit their bid.
(iv) Bidders shall select the payment option as offline to pay the Tender Fee/ EMD and enter
details of the DD/BC/BG.
(v) Bidder shall digitally sign and upload the required bid documents one by one as indicated
in the tender document.
(vi) Bidders shall note that the very act of using DSC for downloading the tender document
and uploading their offers is deemed to be a confirmation that they have read all sections
and pages of the tender document without any exception and have understood the
complete tender document and are clear about the requirements of the tender document.
(vii) Bid documents may be scanned with 100 dpi with black and white option which helps in
reducing size of the scanned document. For the file size of less than 1 MB, the transaction
uploading time will be very fast.
(viii) Utmost care shall be taken for uploading Schedule of quantities & Prices and any
change/ modification of the price schedule shall render it unfit for bidding.
Bidders shall download the Schedule of Quantities & Prices i.e. Schedule-A, in XLS
format and save it without changing the name of the file. Bidder shall quote their
rate in figures in the permitted cells, thereafter save and upload the file in financial
bid cover (Price bid) only.
If the template of Schedule of Quantities & Prices file is found to be modified or
corrupted in the eventuality by the bidder, the bid will be rejected and further dealt
as per provision of clause no 23.0 of ITB including forfeiture of EMD.
The bidders are cautioned that uploading of financial bid elsewhere for ex other
than in cover 2 in case of two cover/packet system, will result in rejection of the
tender.
(ix) Bidders shall submit their bids through online e-tendering system to the Tender Inviting
Authority (TIA) well before the bid submission end date & time (as per Server System
Clock). The TIA will not be held responsible for any sort of delay or the difficulties faced
during the submission of bids online by the bidders at the eleventh hour.
(x) After the bid submission (i.e. after Clicking “Freeze Bid Submission” in the portal), the
bidders shall take print out of system generated acknowledgement number, and keep it as
a record of evidence for online submission of bid, which will also act as an entry pass to
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Page 5 of 46
participate in the bid opening.
(xi) Bidders should follow the server time being displayed on bidder’s dashboard at the top of
the tender site, which shall be considered valid for all actions of requesting, bid
submission, bid opening etc., in the e-tender system.
(xii) All the documents being submitted by the bidders would be encrypted using PKI (Public
Key Infrastructure) encryption techniques to ensure the secrecy of the data. The data
entered cannot be viewed by unauthorized persons until the time of bid opening. The
confidentiality of the bids is maintained using the secured Socket Layer 128 bit
encryption technology.
(i) Any queries relating to the tender document and the terms and conditions contained
therein should be addressed to the Tender Inviting Authority for a tender or the relevant
contract person indicated in the tender.
(ii) Any queries relating to the process of online bid submission or queries relating to CPP
Portal in general may be directed to the 24X7 CPP Portal Helpdesk.
1.3 Toll Free Number 1800-3070-2232. Mobile Nos 91-7878007972 and 91-7878007973.
1.4 Subansiri Lower HE Project (2000MW) is located in Dhemaji and Lower Subansiri Districts in
the State of Assam and Arunachal Pradesh respectively. The project Headquarter is located at
approx. 455 kms from Guwahati (0n National highway-NH-52) and approx. 40 Kms from North
Lakhimpur (a District Headquarter, Assam) which is about 415 Kms from Guwahati. The nearest
Broad gauge railhead is Gogamukh.
2. Eligible Bidders
2.1 The following minimum Qualifying Criteria has been set forth for the procurement:-
2.1.1 The bidder should be manufacturer of goods i.e HDPE pipes. The HDPE pipe should
conform to IS:4984 standard.
Bidder should submit a valid BIS license of IS:4984 standard in support of the same.
2.1.2 The bidder should have Monthly production capacity of Minimum 400Mtr of HDPE Pipes.
Bidder should submit valid certificate of annual production capacity duly authenticated
through the concerned department.
2.1.3 The bidder should have valid ISO 9001 certification.
Towards documentary evidence, bidder should submit authenticated copy of ISO.
(The reference date for considering the period for eligibility/ qualification requirements above
shall be the last day of the month previous to the one in which tenders are invited.)
2.2 The Manufacturer should not have a history of poor performance such as abandoning the works,
financial failures, blacklisting. If it is observed, Manufacturer/ Supplier will be automatically
disqualified.
Declaration in this regard as per Annexure-IV is to be submitted.
2.3 Bids should be submitted strictly in accordance with Technical and Commercial terms and
conditions of the Tender enquiry.
Bidder has to submit a “No deviation certificate” as per format enclosed at Annexure-V.
2.4 The bidder shall submit duly filled Rate Reasonability Certificate.
Bidder has to submit a Rate Reasonability Certificate as per format at Annexure-VII on
company letter head.
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Corres. Address: Subansiri Lower HE Project, NHPC Limited, Gerukamukh, Dhemaji-787035(Assam)
Page 6 of 46
2.5 To improve transparency and fairness in tendering process the Employer is implementing
Integrity Pact as per Clause 22 of this ITB.
The bidder must submit the Integrity Pact as per Proforma (Annexure-XII) duly signed as per
Clause 21 of ITB.
(Note- Bidder meeting the Eligibility Criteria specified above will be considered for evaluation and
award of the Contract. Bidders will submit requisite supporting documents and testimonials with their
Bids to prove their credentials and claim of meeting the Eligibility Criteria. Subcontractors' technical
experience and financial resources shall not be taken into account in determining the Bidder's
compliance with the qualifying criteria.)
2.6 The bidder shall bear all costs associated with the preparation and submission of his bid, and the
Purchaser will in no case be responsible or liable for these costs, regardless of the conduct or
outcome of the bidding process.
The facilities required, bidding procedures, contract terms and technical requirements are
prescribed in the Tender documents. The Tender documents include the following Annexures
and Appendices as listed below:
A Instructions to Bidders (ITB) Annexure – I Please read carefully
B Bid Proforma Annexure – II Duly filled in, signed, stamped to
be submitted offline & to be
scanned and uploaded online.
C ECS Form Annexure – III Duly filled in, signed, stamped to
be submitted offline & to be
scanned and uploaded online.
D Banning from Business Dealing Annexure-IV Duly filled in, signed, stamped to
be submitted offline & to be
scanned and uploaded online.
E No Deviation Certificate Annexure-V Duly filled in, signed, stamped to
be submitted offline & to be
scanned and uploaded online.
F MSMED Declaration Annexure-VI Duly filled in, signed, stamped to
be submitted offline & to be
scanned and uploaded online.
H Rate Reasonability Certificate Annexure-VII Duly filled in, signed, stamped to
be submitted offline & to be
scanned and uploaded online.
I Details of Past Experience Annexure-VIII Duly filled in, signed, stamped to
Format be submitted offline & to be
scanned and uploaded online.
J Special Conditions of Contract Annexure – IX Acceptance required through
Annexure-XIII.
L Format of Performance Bank Annexure-X
Guarantee
M Integrity Pact Annexure-XI Duly filled in, signed, stamped to
be submitted offline & to be
scanned and uploaded online.
N Tender Acceptance Letter Annexure-XII Duly filled in, signed, stamped to
be submitted offline & to be
scanned and uploaded online.
PREPARATION OF BIDS
The prospective bidders requiring any clarifications in respect of tender document may obtain the
same online from Tender Inviting Authority as per NIT at least 07 days before the deadline for
submission of bid. The Corporation shall not be bound to respond to the request from the
prospective bidders and this shall not become the reason for claiming extension of the deadline
for the submission of the bid. The prospective bidder shall also notify the Employer in writing or
by e-mail regarding clarification sought in respect of tender documents.
The Bidder is advised to visit and examine the site where the Facilities are to be installed and its
surroundings and obtain for itself on its own responsibility all information that may be necessary
for preparing the bid and entering into a contract for supply of the Facilities. The costs of visiting
the site shall be at the Bidder’s own expenses.
At any time prior to the deadline for submission of bids, NHPC Ltd may, for any reason, whether
at its own initiative, or in response to a clarification requested by a prospective Bidder, amend
the bidding documents. Such amendments shall be posted on the E-procurement portal of
CPP/NHPC ltd website.
Bidders are required to acknowledge the receipt of any such amendment from the E-procurement
portal. It will be presumed that the amendment has been accepted and the information contained
therein have been taken into account by the Bidder in its bid.
The bidders are requested to see the web site once again before the due date of tender opening to
ensure that they have not missed any corrigendum/ addendum uploaded against the said tender
after downloading the tender document. The responsibility of downloading the related
corrigendum/ addendum, if any, will be that of the downloading parties i.e. prospective
bidder.
No separate intimation in respect of corrigendum/ addendum to this tender (if any) will be sent to
tenderer (s) who have downloaded the documents from web site.
In order to afford prospective Bidders reasonable time in which to take the amendment into
account in preparing their bid, the Employer may, at its discretion, suitably extend the deadline
for the submission of bids.
6. Language of bid
The bid prepared by the Bidder and all correspondence and documents related to the bid
exchanged by the Bidder and the Purchaser shall be written in English language, provided that
any printed literature furnished by the Bidder may be written in another language, as long as such
literature is accompanied by a translation of its pertinent passages in English language, in which
case, for purposes of interpretation of the bid, the translation in English shall govern.
7. Bid Currency
8.1.2 Small Scale Units registered with the National Small Industries Corporation (NSIC) under their
single point Registration Scheme of the stores /works are exempted from furnishing the cost of
tender document fees. They should furnish (Both offline & Online) a Notarized copy of the
valid registration certificate/ letter issued by NSIC in their favour, for the works covered
under this tender document. No other bidder is exempted from furnishing cost of tender fee as
mentioned above.
Note: Mere issuance of Bid document to prospective Bidders shall not be construed that such a
bidder automatically fulfills the prescribed eligibility Criteria. Whether the bidder meets
the specific eligibility Criteria or not, shall be checked or ascertained, on opening their bids
by scrutinizing documentary evidences furnished by them along with their Bid.
8.1.3 The bidder shall bear all costs associated with the preparation and submission of his bid, and the
Purchaser will in no case be responsible or liable for these costs, regardless of the conduct or
outcome of the bidding process
8.3 The bidders shall not be entitled, during the period of validity of their offers without the consent
in writing of the Corporation, to revoke or withdraw their bids or vary in any respect their offer
or any terms and conditions thereof. In case of a bidder revoking or withdrawing his Bid or
varying any terms and conditions in regard thereto without the consent of the Corporation in
writing during the period of validity of his offer, the purchaser may, at his discretion, forfeit the
Bid Security furnished by the bidder along with his offer.
8.4 Bids received unaccompanied by either an acceptable Bid Security or a notarised photocopy of
valid certificate of registration issued by NSIC shall be rejected as being non-responsive and
returned unopened to the bidders.
8.5 Bid Security of the successful bidder will be returned when the bidder has furnished requisite
Performance Guarantee as stipulated in General Conditions of Contract/ Special Conditions of
Contract. The bid security of all the unsuccessful Bidders will be returned after 30 days of
Award.
8.7 All the bidders who have furnished Bid security in the form of Demand Draft (DD) are required
to submit duly filled in ECS form as per Annexure-III for release of Bid Security.
9. Period of validity of Bid
The bids should remain valid for a period of at least 120 days from the date of opening of the
Techno-commercial bids. In case the validity given is for a lesser period, the Bid shall be treated
as non responsive.
In exceptional circumstances, the Employer may solicit the Bidders’ consent to an extension of
the bid validity period. The request and responses thereto shall be made in writing. If a Bidder
accepts to prolong the period of validity, the bid security shall also be suitably extended. A
Bidder may refuse the request
without forfeiting its bid security. A Bidder granting the request will not be required nor
permitted to modify its bid.
The tender shall be submitted online in two cover system duly scanned and digitally signed by
the authorized representative of the bidder as follows.
Offline Submissions:
Hard copy/ Supporting documents
Bidder shall submit the following documents (Hard copy) offline (i.e. physically) in separate
sealed envelope by the due date and time of receipt of bid as mentioned in NIT. The envelope
received late or after the prescribed due date and time of receipt as mentioned in NIT will not be
entertained. NHPC will not be responsible for any postal delay. The envelope shall be super
scribed as “Bid Security/EMD, NSC certificate towards Bid Security, Tender Fee, requisite
documents meeting eligibility criteria as per ITB Clause No-2, Declaration in terms of Power of
attorney, Integrity Pact duly signed for tender specification No. NH/SLP/PROC/2015/P-
27/NIT/308 and due date of Submission.
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i) DD/NSIC Certificate towards tender fees as mentioned in clause 8.0 of ITB.
ii) DD/BC/BG/Valid NSIC Certificate towards Bid Security as mentioned in Clause 8.0 of
ITB.
iii) Format of Integrity Pact-Annexure-XII & Guidelines on Banning of Business Dealings-
Annex-A as per Clause No.20 of ITB, Power of Attorney in respect of the person
authorized for signing the Bid as per Clause of ITB.
These envelope(s) shall not contain anything else. This part of bid should not contain any “Price
information”.
If any discrepancy is found between the Hard Copies of the Offline documents viz. DD towards
cost of bid document & DD/BC/BG towards Bid Security, Power of Attorney, Integrity Pact and
scanned copy of same uploaded online then the online bid shall be liable for rejection.
Offline documents, if received by the Employer after the deadline for submission of hard copies,
then it will be considered as ‘Late Bid’ even if the bidder has uploaded the bid online within the
deadline. In such a case, the bid uploaded on the portal shall not be considered.
Late Bid: Online submission of the bid will not be permitted on the portal after expiry of
submission time and the bidder shall not be permitted to submit the same by any other mode.
Similarly hard copies of the Offline documents, if received by the Employer after the dead line
for submission of Bids prescribed in NIT, then it will be considered as ‘Late Bid’
notwithstanding the fact that the bidder has uploaded the bid online within the stipulated
deadline. In such a case, the uploaded online bid on the portal shall be considered as non-
responsive and shall not be processed further.
10.2 B) Cover-2 (PRICE BID)
Online Submission
10.2.1 The Cover-2 shall contain the Schedule of Quantities & Price Bid in the form of
BOQ_XXXX.xls.
10.2.2 The Price Bid duly filled in electronic form in conformity with the tender specification
on the portal only. Unit of Measure (UOM) is indicated in the e-tender Floor. Rate to be
quoted should be in Indian Rupee as per UOM indicated in the e-tender floor/tender
document.
Submission of Soft Copy of any documents by any other means shall not be accepted by
the Employer in any circumstances.
10.2.3 The bid must be signed by the bidder with its usual signature. Satisfactory evidence of
authority of the person signing on behalf of the bidder shall be furnis hed with
the bid.
10.2.4 Any interlineation, erasures or overwriting shall only be valid if they are initialled by the
Authorized signatory (ies) to the bid.
10.2.5 The bidders are advised to submit their bids complete in all respect. Clarification(s) on
the bids may be sought by the Employer from time to time, if so desired by the
Employer, at its sole discretion.
10.2.6 Bidders will not be allowed to revise the quoted prices on their own, one “Bids” have
been opened by the Employer.
10.2.7 If the due date of opening of bids, as specified falls on non-working day(s)/ holiday(s),
bids would be opened at the same time as specified in the NIT but on the next working
day or days, as the case may be.
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10.2.8 The Employer reserves the right to itself to postpone and/or extend the date of receipt or
to withdraw the Bid notice, without assigning any reason thereof, entirely at its
discretion. In such an event, bidders shall not be entitled to any compensation, in any
form whatsoever.
10.2.9 Bidders are advised to fill in the Annexures/Schedule/Appendices and Prices in respect
of each and every item by strictly following the instruction, foot notes etc., to facilitate
the Employer in speedy evaluation of bids. Failure to do so may prevent the Bid from
being considered by the Employer.
10.2.10 Vague and ambiguous replies and replies such as “Refer covering letter, conditions of
Bid etc.” shall be avoided. Such replies shall be deemed to be incomplete and may
prevent the Bid from being considered by the Employer.
10.2.11 The bidders in their own interest are advised to be very careful while mentioning their
rates in price bid in electronic form.
10.2.13 The supplies/work covered by this Bid specification shall be exected strictly in
accordance with the conditions specified in the Conditions of contract/Contract data and
other conditions specified in various sections of this Bid document. If any of the
aforesaid condition is not clear to the bidder, clarification may be sought from the
Employer before submission of bids. Bidders are advised to accept all the conditions
specified in the Bid Document to facilitate early finalization of bids. Separate set of
commercial conditions (such as bidder’s standard printed conditions) enclosed with the
offer and any reference thereto may render the Bid liable to summarily rejection.
10.2.14 The bidder shall submit rate analysis of quoted price if so desired by the Employer.
10.2.15 Price bid of bidders, whose techno-commercial bids are not considered acceptable to the
Employer, will not be opened and their bid security shall be returned to them. The
decision of the Employer is final and binding in this regard.
10.2.16 Bidders are requested to submit their offer strictly in line with terms and conditions of
tender specification, otherwise bid may be rejected. Bids will be received in electronic
form only. Bids submitted manually shall not be accepted.
The Bidder should fill the details of his past experience in the supply of material covered under
these specifications in the prescribed Proforma annexed as “Annexure-II of Section-0” hereto
and submit offline & to be scanned and uploaded online. In this regard, the bidder should have to
provide notarized copy of supply order & delivery completion certificate after successful test
from client/customer. If the bidder fails to do so, his tender may be rejected at the discretion of
the Employer.
The Corporation may revise or amend the specifications and other conditions prior to the date
notified for receiving the bids.In such a case, if considered necessary the last date and time of
receiving and opening of the bids may also be extended at the discretion of the Corporation.
13.1 The bid should be submitted online at website http://eprocure.gov.in/eprocure/app only and as
stated in Clause No. 10 of ITB. The Server Date & Time as appearing on the website
http://eprocure.gov.in/eprocure/app shall only be considered for the cut-off date and time for
submission of bids. In case of date of opening is declared as holiday tender will be opened
on next working day at same time.
13.2 Only those bidders shall be considered qualified by the Corporation, who submit requisite
EMD and documents, accept all the terms & conditions of the Tender document
unconditionally and meet the Qualifying Requirement stipulated in the Tender document.
The decision of the Corporation shall be final and binding in this regard.
The bidder shall bear all cost associated with the preparation and submission of its tender
and the Corporation will in no case be responsible or liable for these cost, regardless of the
conduct or outcome of the tendering process.
The Bidder may choose to revise the Bids till the Bid submission deadline. For any Revision of
the Bid, the bidder has to submit it afresh.It should be noted that bid once withdraw by the
bidder can not participate in same tender again.
By withdrawing bid from a tender till bid submission deadline, a bidder requests the
Buyer organization to ignore all his submissions, and to return his earnest Money
Deposit (EMD) forthwith as per the procedure of the organization
13.4 Normally the tender will be accepted of those bidders whose quoted rates are found to be lowest
but NHPC is not bound for such acceptance and reserve the right to accept or reject any offer
without assigning any reason thereof. Bidder shall have no objection to such rights of NHPC.
The tender shall be awarded on single tender responsibility basis.
14.2 Initially, the ‘Techno-Commercial Bid’ shall be opened consisting of online and offline
submissions and the ‘Price Bid’ of only those bidders whose techno-commercial bid is
acceptable to the Corporation shall be opened online subsequently.
15 Evaluation of Bids
15.1 The Purchaser will examine the bids to determine whether they are complete, whether any
computational errors have been made, whether the documents have been properly signed and
whether the bids are generally in order and conforms to all the terms, conditions and
specifications of the Tender Specification documents without any deviations. Bidder is advised
to accept all the conditions specified in the Bid document, to facilitate early finalization of
bids. It is advisable not to attach separate set of commercial conditions (such as bidder’s
standard printed conditions) with the offer.
The Employer’s determination of a Bid’s responsiveness is to be based on the contents of the Bid
itself without recourse to extrinsic evidence. If a Bid is not substantially responsive, it will be
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Page 14 of 46
rejected by the Employer and may not subsequently be made responsive by the Bidder by
correction of the non-conformity.
15.2 Prior to the detailed evaluation, the Employer will determine whether each bid is of acceptable
quality, is generally complete and is substantially responsive to bidding documents.
15.3 During bid evaluation, the Employer may ask the bidder for clarification of its bid. The request
for clarification and the response shall be in writing, and no change in the price or substance of
the bid shall be sought, offered or permitted.
15.4 Bidder is required to quote item/itemwise competitive rates for the all the items in the
Price Bid(Cover-2).
i. In case the bidder does not quote for Transportation in the column provided in the Price
Schedule (Cover-2) for any item, will be deemed to have been included in Ex-works unit
price of such item.
ii. In case the bidder quotes wrongly or does not quote for any of the Tax in the column
provided in the Price Schedule(Cover-2) for any item, the same shall be corrected with
applicable tax for such item and which shall also be considered for evaluation purpose .
15.5 The evaluation of bid shall be done based on the item-wise rate quoted by the bidder in their
‘price bid’ submitted online (on total FOR destination, i.e upto Project Stores, Gerukamukh)
subject to Cl. 15.7 of ITB.
15.6 Taxes and Duties: All applicable taxes, duties and levies including VAT/ Sales Tax, Entry tax
etc.( on total FOR destination, i.e upto Project Stores, Gerukamukh) shall be considered for the
purpose of evaluation, comparison of bids & regulation of payments thereto in the resultant
Contract.
15.8 Any adjustments in price that result from the above procedures shall be added, for purposes of
comparative evaluation only, to arrive at an ‘Evaluated Bid Price.” Bid prices quoted by Bidders
shall remain unaltered.
Small Scale Units registered with National Small Industries Corporation (NSIC) under Single
Point Registration Scheme for these goods shall also be eligible for the Purchase Preference.
The participating MSEs in a tender, quoting price within the band of L1+15% may also be allowed to
supply a portion of the requirement by bringing down their price to L1 price, in a situation where L1
price is from someone other than an MSE. Such MSEs may be allowed to supply up to 20% of the
total tender value. In case more than one such eligible MSEs, the supply will be shared equally.
Where splitting of quantity is not possible, the award shall be given to L1 bidder only.
Out of 20% target of annual procurement from MSEs, a sub target of 4% (i.e. 20% out of 20%) will
be earmarked for procurement from MSEs owned by SC/ST entrepreneurs. However, in the event of
failure of such MSEs to participate in the Tender Process or meet the tender requirements and the L1
price, the 4% sub-target for procurement earmarked for MSEs owned by SC/ST entrepreneurs will be
met from other MSEs.
17.1 The Employer reserves the right to accept or reject any bid, or cancel/withdraw invitation to Bid
for any reason including National defence and security conditions, and to annul the bidding
process and reject all bids at any time prior to award of contract, without thereby incurring any
liability to the affected Bidder or bidders. However, the bidder(s), who wish to seek reasons for
such decision of cancellation/rejection, shall be informed of the same by the Employer unless its
disclosure reasonably could be expected to affect the sovereignty and integrity of India, the
security, strategic or economic interest of the State, relation with foreign state or lead to
incitement of an offence.
17.2 The Corporation shall not be bound to accept the lowest or any bid and reserves to itself the right
of accepting whole or a portion of any of the bid as it may deem fit, without assigning any reason
thereof.
17.3 The Corporation reserves to itself the right to take over the part or full contract from the
contractor after the award of the work or during the execution of work without assigning any
reason.
17.4 Canvassing in any form or any approach, official or otherwise, by the bidder to influence the
consideration of his bid shall render the bid liable to summarily rejection.
17.5 Subject to ITB Clause 17.2, the Employer will award the contract to the successful Bidder whose
bid has been determined to be substantially responsive and to be the lowest evaluated bid, further
provided that the Bidder is determined to be qualified to perform the contract satisfactorily.
17.6 The Evaluated price arrived at in terms of clause 15 shall be considered for the comparison and
evaluation of the bids. However, for the purpose of award of work the lesser of the total price
quoted by the bidder as per ‘price bid’ or the evaluated price as per clause 15 of ITB shall be
considered.
a) for the purposes of this provision, the terms set forth below shall mean as under:
(i) "corrupt practice" means the offering, giving, receiving or soliciting, directly or indirectly, of
anything of value to influence the action of a public official in the procurement process or in
contract execution; and
(iii) “Collusive practice” means a scheme or arrangement between two or more bidders, with or
without the knowledge of the Employer, designed to establish bid prices at artificial,
noncompetitive levels; and
(iv) “Coercive practice” means harming or threatening to harm, directly or indirectly, person or
their property to influence their participation in a procurement process, or affect the
execution of a contract;.
(v) An agreement called “Integrity Pact” between the prospective Bidders and the Employer
shall be signed committing the person/officials of both the parties, not to exercise any corrupt
influence on any aspect of the Tender/Contract.
Save Energy for Benefit of Self and the Nation
Corres. Address: Subansiri Lower HE Project, NHPC Limited, Gerukamukh, Dhemaji-787035(Assam)
Page 16 of 46
b) A Bid may be rejected by the Employer if it is determined at any stage that the respective
Bidder has engaged in corrupt, fraudulent, collusive and coercive practices or default
commitment under Integrity Pact as mentioned above in competing for the contract in
question.
c) The Employer may declare a firm ineligible, either indefinitely or for a stated period of
time, if it at any time determines that the firm has engaged in corrupt or fraudulent practices,
Collusive and Coercive practices or default commitment under Integrity Pact in competing
for, or in executing, a contract.
d) Banning of Business Dealings: It is not in the interest of NHPC to deal with Agencies who
commit deception, fraud or other misconduct in the tendering process. The grounds on
which Banning of Business Dealings can be initiated are as follows:-
The procedure for banning of Business Dealings shall be governed as per NHPC’s “Policy and
Procedure for Banning Business Dealings”.-
19 Information w.r.t. MSME Development Act 2006
20 Integrity Pact
The integrity pact, signed by all the prospective bidders and the Employer shall commit the
persons/officials of both the parties, not to exercise any corrupt / fraudulent /collusive/coercive
practices in the tendering process and also during implementation of the contract. Only those
bidders who have entered into Integrity Pact with the Employer shall be eligible to participate in
the bidding process. Entering into Integrity Pact as per Performa (Annexure-XII) provided in the
tender is a basic qualifying requirement.
To oversee the implementation of the Integrity Pact, Sh. R.K. Sharma (Ex- CMD,
THDC) has been appointed as Independent External monitor (IEM) with the consent of
Central Vigilance Commission(CVC).
Contact Detail of IEM:
Room No. 214, NHPC Limited,
NHPC Office Complex, Sector-33, Faridabad-121003
21 Check List
Sr. Submitted
Document Required Clause Reference
No. (Yes / No)
Duly filled in, signed, stamped to be submitted offline & to be scanned and uploaded online:
1 Qualification Criteria/Self declaration:
Note: The following ‘FOUR KEY INSTRUCTIONS for BIDDERS’ must be assiduously adhered to:-
i) Obtain individual Digital Signature Certificate (DSC or DC) well in advance of tender
submission deadline.
ii) Register your organization on CPPP well in advance of tender submission deadline.
iii) Get your organization’s concerned executives trained on CPPP well in advance of tender
submission deadline.
iv) Submit your bids well in advance of tender submission deadline on portal (There could be
last minute problems due to internet timeout, breakdown, etc.) While the first three
instructions mentioned above are especially relevant to first-time users of portal, the fourth
instruction is relevant at all times.
Note: Electronic procurement system will not allow any bidder to place their bids after the expiry of
scheduled date & time. NHPC/ NIC/CPPP shall not be responsible for any delays / problems
related to bandwidth, connectivity etc., which are beyond the control of the NHPC/
NIC/CPPP.”
**** End of Annexure – I ****
BID PROFORMA
Station :_________
Date: __________ For & on behalf of ________________
Signature : __________________
Name : __________________
Designation: __________________
(of the authorized representative of the bidder)
Official Seal of the Company:
**** End of Annexure – II****
NHPC Limited
ELECTRONIC CLEARING SERVICE (CREDIT CLEARING)
(PAYMENT TO PARTIES THROUGH CREDIT CLEARING MECHANISM)
No. :
1. BIDDER’S NAME : ______________________________________
a) ADDRESS : ______________________________________
______________________________________
_______________________________________
b) Phone/ Mobile No. : ______________________________________
e) ACCOUNT TYPE :
(S.B. Account/ Current Account or/
Cash Credit with code 10/11/13)
I hereby declared that the particulars given above are correct and complete. If the transaction is
delayed or not effected at all for reasons of incomplete of incorrect Information, I would not hold the
user Company responsible.
(------------------------------)
Date : Signature of the Bidder
Certified that the particulars furnished above are correct as per our records.
(Bank’s Stamp)
(------------------------------)
Date: Signature of the Authorized
Official from the Bank
I/We,M/s………………………………………………………………………………………………(Na
me of the Bidder) hereby certify that I/We have not been banned/ de-listed/ blacklisted/ debarred from
business by any PSU/Govt. Department during last 03 (three) years on the grounds mentioned in Para 6
of Guidelines on Banning of Business dealing (Annexure-A) of Integrity Pact, ITB Clause 2.1.4 & 20
of Tender documents.
NO DEVIATION CERTIFICATE
This is to certify that our offer is exactly in line with your tender enquiry no.
__________________________________________________ dated ________________. This is to
expressly certify that our offer contains no deviation either Technical or Commercial in either direct or
indirect form.
Signed By:
Name: ____________________________________________________
Designation: _______________________________________________
Organization: _____________________________________________
Note: This ‘No Deviation Certificate’ should be on the letter head of Bidder and enclosed with the bid.
Format for obtaining declaration regarding applicability of Micro, Small & Medium Enterprise
under MSMED Act, 2006
To,
_________
_________
Subject: Declaration as regard to applicability of Micro, Small & Medium Enterprise Development
Act, 2006
Micro, Small and Medium Enterprises Development Act, 2006 has been introduced w. e. f. 02.10.2006.
Following are the relevant provisions of the Act as regard to registration of enterprise:-
8 (1) Any person who intends to establish,-
a) a micro or small enterprise, may, at his discretion; or
b) a medium enterprise engaged in providing or rendering of services may, at his discretion; or
c) a medium enterprise engaged in the manufacture or production of goods pertaining to any industry
specified in the First Schedule to the Industries (Development and Regulation) Act, 1951, shall file the
memorandum of micro, small or, as the case may be, of medium enterprise with such authority as may be
specified by the State Government under sub-section (4) or the Central Government under sub-section (3):
Provided that any person who, before the commencement of this Act, established—
a) a small scale industry and obtained a registration certificate, may, at his discretion; and
b) an industry engaged in the manufacture or production of goods pertaining to any industry specified in
the First Schedule to the Industries (Development and Regulation) Act, 1951, having investment in plant and
machinery of more than one crore rupees but not exceeding ten crore rupees and, in pursuance of the
notification of the Government of India in the erstwhile Ministry of Industry (Department of Industrial
Development) number S.O.477(E), dated the 25 TH July, 1991 file an Industrial Entrepreneurs'
Memorandum, shall within one hundred and eighty days from the commencement of this Act, file the
memorandum, in accordance with the provisions of this Act.
2.0 Authority as referred to in aforesaid section is the General Manager, District Industries Centre/District
Level Officer in Directorate dealing with such enterprises of State Government.
*engaged in the manufacture or production of goods, in any manner, pertaining to any industry specified in
the First Schedule to the Industries (Development and Regulation) Act, 1951.
4.0 As such, it is requested to provide the confirmation as regard to applicability of Micro, Small &
Medium Enterprise Development Act, 2006 to your firm by submitting the declaration/undertaking by
________ (date to be mentioned for obtaining declaration from existing suppliers/service providers):-
Declaration/Undertaking
A) I/We confirm that the provisions of Micro, Small & Medium Enterprise are applicable/not applicable
to us and our organization falls under the definition of:
Please tick in the appropriate option box [ ] and attach documents/certificate, if any.
B) I/We also undertake to inform the change in this status as aforesaid during the currency of the
contract, if any.
I/We,M/s………………………………………………………………………………………………
(Name of the Bidder) hereby certify that the offered rates in tender are same as being quoted to other Govt.
deptt./PSUs.
Details of No. and Value of Contractual Actual date If order Reasons Name
similar date of Contract date of of under for delay and
works order completion completion execution if any complete
carried (Month & (Month & percentage address
out Year) Year) work of the
completed till customer
date
2.0 Prices:
2.1 Prices shall be Firm and on F.O.R destination basis i.e. ‘Firm’, Final and on F.O.R
destination basis i.e. up to NHPC Store – Gerukamukh, Distt. Dhemaji (Assam) for NHPC Ltd.,
Subansiri Lower HE Project inclusive of charges for packing, handling, forwarding,
transportation, insurance and all applicable taxes & duties.
2.2 Excise duty, VAT/ Concessional central Sales Tax against issue of Form-“C”, Entry Tax of
Assam as applicable 28 days prior to dead line for submission of bids, shall be quoted in price
column provided in the portal and paid accordingly.
2.3 All taxes & duties mentioned in the price Bid as per clause 2.2 above shall be
paid/reimbursed against proper invoice as per rules/documentary evidence and restricted to
the total amount of Taxes & Duties in Price Bid subject to clause 2.4 below. No other
taxes and duties shall be payable/ reimbursable by NHPC.
2.4 Statutory variations, after the date 28 days prior to submission of price bid, only in Excise Duty,
Sales Tax/CST/VAT and entry tax or levy of any other new Government Taxes/Duties will be
adjusted/reimbursed against documentary proof. However, wherever supplies get delayed due to
the reasons attributable to the contractor, no additional liability on account of any increase in the
excise duty or other taxes and duties shall be payable by NHPC. On the other hand, in case the
rate of excise duty decreases during the extended delivery period, due benefit in this regard shall
accrue to NHPC.
2.5 VAT of Assam, if applicable for the said items shall be deducted at source for which TDS
certificate shall be issued by NHPC. VAT thus deducted shall be remitted by NHPC Ltd.
directly to concerned Tax Authority.
2.6 The Entry Tax of Assam will not be included in the prices and wherever applicable it shall be
directly paid by NHPC to concerned Tax authority. However, Entry tax wherever applicable
shall be loaded to determine the lowest Supplier.
2.1 The transportation charges shall include Transit Insurance, Service tax (if any), Unloading
Charges, Shunting charges (if any) and all applicable taxes & duties and Octroi, etc enroute up
to destination and shall be firm.
2.2 Road permit, if required shall be provided by NHPC from Assam State Govt. for the material to
be supplied to Subansiri Lower Project.
Balance 10% payment shall be made within 30 days after receipt of materials in Project
Stores. Payment shall be made through ECS (Detail attached as for Annex-VIII). Bank
charges if any shall be borne by the supplier.
8.0 Warrantee:
The items shall be warranted against poor quality or workmanship of material or
manufacturing defects for a minimum period of 12 months commencing upon the setting
to work of item/plant or 18 months from the date of dispatch whichever is earlier. During
the Warrantee period the Supplier shall repair/replace the defected items free of cost and no
conveyance or any other charges shall be paid. If any defect is not remedied within a
reasonable time, the Purchaser may proceed to do the work at the Supplier’s risk and
expense, but without prejudice to other rights, which the Purchaser may have against the
Supplier in respect of such defects.
9.0 Inspection:
Final Inspection shall be carried out by Authorized representative of purchaser at firm’s
permises.
11.0 Consignee:
Manager (Stores), Subansiri Lower HEP.
Address: Gerukamukh, via Gogamukh, Distt.-Dhemaji, Assam-787035
Contact No-+919531022740, Email: logistics_slp@nhpc.nic.in
14.0 Packing/Marking:
The supplier shall provide proper and adequate packaging in accordance with commercial
best practices to ensure that material supplied to the Purchaser will be free of damage. The
firm shall use commercially reasonable efforts to utilize recycled and/or recyclable
packaging materials. Expenses incurred by the Purchaser due to Supplier's non-compliance
with such instructions, will be for the Supplier’s account. The Purchaser reserves the right to
reject any and all material, deemed by the Purchaser to have been inadequately packaged.
15.0 Arbitration:
Any legal dispute arising out of this Contract shall be subject of Jurisdiction of High Court of
Assam, Guwahati Only.
Manager (P & C)
Dear Sirs,
In consideration of the .... [Employer’s Name] ........ (hereinafter referred to as the ‘Employer’ which
expression shall unless repugnant to the context or meaning thereof, include its successors, administrators
and assigns) having awarded to M/s ..... [Contractor’s Name] ..... ....... with its Registered/Head Office at
............................. (hereinafter referred to as the ‘Contractor’, which expression shall unless repugnant to the
context or meaning thereof, include its successors administrators, executors and assigns), a Contract by issue
of Employer’s Letter of Acceptance No. ................ dated .................. and the same having been
acknowledged by the contractor, for …………… [Contract sum in figures and words] for ………. [Name of
the work] and the Contractor having agreed to provide a Contract Performance Guarantee for the faithful
performance of the entire Contract equivalent to ……(*)……….. of the said value of the aforesaid work
under the Contract to the Employer.
We ............... [Name & Address of the Bank] ..…........ having its Head Office at ................... (hereinafter
referred to as the ‘Bank’, which expression shall, unless repugnant to the context of meaning thereof, include
its successors, administrators, executors and assigns) do hereby guarantee and undertake to pay the
Employer, on demand any and all monies payable by the Contractor to the extent of .............. (*) ............... as
aforesaid at any time upto ................ (@) ........... [days/month/year] without any demur, reservation, contest,
recourse or protest and/or without any reference to the Contractor. Any such demand made by the Employer
on the Bank shall be conclusive and binding notwithstanding any difference between the Employer and the
Contractor or any dispute pending before any Court, Tribunal, Arbitrator or any other authority. The Bank
undertakes not to revoke this guarantee during its currency without previous consent of the Employer and
further agrees that the guarantees herein contained shall continue to be enforceable till the Employer
discharges this guarantee or till ……………[days/month/year] whichever is earlier.
The Employer shall have the fullest liberty, without affecting in any way the liability of the Bank under this
guarantee, from time to time to extend the time for performance of the Contract by the Contractor. The
Employer shall have the fullest liberty, without affecting this guarantee, to postpone from time to time the
exercise of any powers vested in them or of any right which they might have against the Contractor, and to
exercise the same at any time in any manner, and either to enforce or to forbear to enforce any covenants,
contained or implied, in the Contract between the Employer and the Contractor or any other course or remedy
or security available to the Employer. The Bank shall not be released of its obligations under these presents
by any exercise by the Employer of its liberty with reference to the matters aforesaid or any of them or by
reason of any other act or forbearance or other acts of omission or commission on the part of the Employer or
any other indulgence shown by the Employer or by any other matter or thing whatsoever which under law
would, but for this provision have the effect of relieving the Bank.
The Bank also agrees that the Employer at its option shall be entitled to enforce this Guarantee against the
Bank as a principal debtor, in the first instance without proceeding against the Contractor and
notwithstanding any security or other guarantee the Employer may have in relation to the Contractor’s
liabilities.
i) Our liability under this Bank Guarantee shall not exceed …………………..
Save Energy for Benefit of Self and the Nation
Corres.Address: Subansiri Lower HE Project, Gerukamukh, Dhemaji-787035(Assam)
Page 32 of 46
ii) This Bank Guarantee shall be valid up to ………………………
iii) We are liable to pay the guaranteed amount or any part thereof under this Bank Guarantee only and
only if Employer serve upon Bank a written claim or demand on or before ……………..@…………..
1. ................................................ ...............................
(Signature) (Signature)
................................................ .....................................
(Name) (Name)
................................................ .................................................
(Official Address) (Designation with Bank Stamp)
2. ................................................
(Signature) Attorney as per Power
of Attorney No. ........................
Dated.......................................
................................................
(Name)
................................................
(Official Address)
Notes: 1. (*) This sum shall be ten percent (10%) of the Contract Price denominated in the types and
proportions of currencies.
(@) This date will be Ninety (90) days beyond the Defects liability period as specified in
the Contract.
2. The stamp papers of appropriate value shall be purchased in the name of guarantee issuing Bank.
3. Vendor’s stamp with full details i.e. name of the purchaser in whose favour & purpose for which
this stamp paper has been purchased, should be invariable mentioned on the back side of the
stamp paper.
Bank Guarantee is required to be submitted directly to the Employer by the issuing bank (on Behalf of the
Contractor) under the registered post (A.D.). The Contractor can submit an advance copy of Bank Guarantee
to the Employer. However, in case of exceptional circumstances where efficient postal services are not in
force, the Bank Guarantee may be submitted by the Contractor directly to the Employer and the issuing Bank
shall submit an unstamped duplicate copy of Bank Guarantee directly under the registered post (A.D.) to the
Employer, with a forwarding letter
(To be executed on plain paper at the time of submission of bid and on Non-Judicial Stamp Paper of
appropriate value by successful bidder (Contractor) prior to signing of Notification of Award)
Between
NHPC Limited, a company incorporated under the Companies Act 1956 and having its registered office at
NHPC Office Complex, Sector-33, Faridabad-121003 (Haryana), hereinafter referred to as “ The
Employer” which expression shall mean and include, unless the context otherwise requires, his successors
in office and assigns of the First Part.
And
M/s ________ , a company/ firm/ individual (status of the company) and having its registered office at
represented by Shri ________ , hereinafter referred to as “The Bidder/Contractor” which expression shall
mean and include, unless the context otherwise requires, his successors and permitted assigns of the
Second Part.
WHEREAS the Employer proposes to procure under laid down organizational procedures, contract/s for
Procurement of HDPE Pipes and Fittings for water supply system for Subansiri Lower HE
Project, NHPC Limited (Name of the work/ goods/ services) and the Bidder/Contractor is willing to
offer against NIT No. NH/SLP/PROC/2015/P-27/NIT/308 .
NOW, THEREFORE,
To avoid all forms of corruption by following a system that is fair, transparent and free from any
influence/prejudiced dealings prior to, during and subsequent to the currency of the contract to be entered
into with a view to:-
Enabling the Employer to obtain the desired said (work/ goods/ services) at a competitive price in
conformity with the defined specifications by avoiding the high cost and the distortionary impact of
corruption on public procurement, and
Enabling the Bidder(s)/Contractor(s) to abstain from bribing or indulging in any corrupt practice in order
to secure the contract by providing assurance to them that their competitors will also abstain from bribing
and other corrupt practices and the Employer will commit to prevent corruption, in any form, by its
officials by following transparent procedures.
1.1. The Employer undertakes that no official of the Employer, connected directly or indirectly with the
contract, will demand, take a promise for or accept, directly or through intermediaries, any bribe,
consideration, gift, reward, favour or any material or immaterial benefit or any other advantage from
the Bidder/Contractor, either for themselves or for any person, organization or third party related to
the contract in exchange for an advantage in the bidding process, bid evaluation, contracting or
implementation process related to the contact.
1.3. All the officials of the Employer will report to the appropriate Authority any attempted or completed
breaches of the above commitments as well as any substantial suspicion of such a breach.
2.0 In case any such preceding misconduct on the part of such official(s) is reported by the Bidder to the
Employer with full and verifiable facts and the same is prima facie found to be correct by the
Employer, necessary disciplinary proceedings, or any other action as deemed fit, including criminal
proceedings may be initiated by the Employer or Independent External Monitor and such a person
shall be debarred from further dealings related to the contract process. In such a case while an enquiry
is being conducted by the Employer the proceedings under the contract would not be stalled.
The Bidder(s)/Contractor(s) commits itself to take all measures necessary to prevent corrupt
practices, unfair means and illegal activities during any stage of its bid or during any pre-contract or
post-contract stage in order to secure the contract or in furtherance to secure it and in particular
commit itself to the following :-
3.1. The Bidder(s)/Contractor(s) will not offer, directly or through intermediaries, any bribe, gift,
consideration, reward, favour, any material or immaterial benefit or other advantage, commission,
fees, brokerage or inducement to any official of the Employer, connected directly or indirectly with
the bidding process, or to any person, organization or third party related to the contract in exchange
for any advantage in the bidding, evaluation, contracting and implementation of the contract.
3.2 The Bidder/Contractor further undertakes that it has not given, offered or promised to give, directly or
indirectly any bribe, gift consideration, reward, favour, any material or immaterial benefit or other
advantage, commission, fees, brokerage or inducement to any official of the Employer or otherwise in
procuring the Contract or forbearing to do or having done any act in relation to the obtaining or
execution of the contract or any other contract with Employer for showing or forbearing to show
favour or disfavour to any person in relation to the contract or any other contract with Employer.
3.3 The Bidder(s)/Contractor(s) shall disclose the name and address of agents and representatives and
Indian Bidder(s)/Contractor(s) shall disclose their foreign principals or associates.
3.4 The Bidder(s)/Contractor(s) shall disclose the payments to be made by them to agents/brokers or any
other intermediary, in connection with this bid/contract
3.5 Deleted.
3.6 The Bidder, either while presenting the bid or during pre-contract negotiations or before signing the
contract, shall disclose any payments he has made, is committed to or intends to make to officials of
the Employer or their family members, agents, brokers or any other intermediaries in connection with
the contract and the details of services agreed upon for such payments.
3.7 The Bidder/Contractor will not collude with other parties interested in the contract to impair the
transparency, fairness and progress of the bidding process, bid evaluation, contracting and
implementation of the contract.
3.8 The Bidder/Contractor will not accept any advantage in exchange for any corrupt practice, unfair
means and illegal activities.
3.10 The Bidder(s)/Contractor(s) commits to refrain from giving any complaint directly or through any
other manner without supporting it with full and verifiable facts.
3.11 The Bidder(s)/Contractor(s) shall not instigate or cause to instigate any third person to commit any of
the actions mentioned above.
3.12 If the Bidder/Contractor or any employee of the Bidder/Contractor or any person acting on behalf of
the Bidder/Contractor, either directly or indirectly, is a relative of any of the officers of the Employer,
or alternatively, if any relative of an officer of the Employer has financial interest/stake in the
Bidder(s)/Contractor(s) firm, the same shall be disclosed by the Bidder/Contractor at the time of
filling of tender.
The term ‘relative’ for this purpose would be as defined in Section 2(77) of the Companies Act 2013.
3.13 The Bidder(s)/Contractor(s) shall not lend to or borrow any money from or enter into any monetary
dealings or transactions, directly or indirectly, with any employee of the Employer.
4.1 The Bidder(s)/Contractor(s) declares that no previous transgression occurred in the last three years
immediately before signing of this Integrity Pact, with any other company in any country in respect
on any corrupt practices envisaged hereunder or with any Public Sector Enterprise in India or any
Government Department in India that could justify his exclusion from the tender process.
4.2 The Bidder(s)/Contractor(s) agrees that if it makes incorrect statement on this subject, the
Bidder/Contractor can be disqualified from the tender process or appropriate action can be taken as
per the procedure mentioned in “Guidelines on Banning of Business Dealings”(Annex-A to
Integrity Pact).
The provision regarding Earnest Money/Security Deposit as detailed in the Notice Inviting Tender
(NIT) and Instruction to Bidders (ITB) section of the Bid Document is to be referred.
6.1 Any breach of the aforesaid provisions by the Bidder/Contractor or any one employed by it or acting
on its behalf (whether with or without the knowledge of the Bidder/Contractor) shall entitle the
Employer to take action as per the procedure mentioned in the “Guidelines on Banning of Business
Dealings” attached as Annex-A and initiate all or any one of the following actions, wherever
required:-
(i) To immediately call off the pre contract negotiations without assigning any reason or giving any
compensation to the Bidder/Contractor. However, the proceedings with the other
Bidder(s)/Contractor(s) would continue.
(ii) The Earnest Money Deposit (in pre-contract stage) and/or Security Deposit/Performance Bond
(after the contract is Signed) shall stand forfeited either fully or partially, as decided by the
Employer and the Employer shall not be required to assign any reason thereof.
6.2 The Employer will be entitled to take all or any of the actions mentioned at para 6.1 (i) to (x) of this
Pact also on the Commission by the Bidder/Contractor or any one employed by it or acting on its
behalf (whether with or without the knowledge of the Bidder/Contractor), of an offence as defined in
Chapter IX of the Indian Penal Code, 1860 or Prevention of Corruption Act, 1988 or any other statute
enacted for prevention of corruption.
6.3 The decision of the Employer to the effect that a breach of the provisions of this Pact has been
committed by the Bidder/Contractor shall be final and conclusive on the Bidder/Contractor. However,
the Bidder/Contractor can approach the Independent External Monitor(s) appointed for the purposes
of this Pact.
The Bidder/Contractor undertakes that it has not supplied/is not supplying similar product/systems or
subsystems at a price lower then that offered in the present bid in respect of any other
Ministry/Department of the Government of India or PSU and if it is found at any stage that similar
product/systems or sub systems was supplied by the Bidder/Contractor to any other
Ministry/Department of the Government of India or a PSU at a lower price, then that very price, with
due allowance for elapsed time, will be applicable to the present case and the difference in the cost
would be refunded by the Bidder/Contractor to theEmployer, if the contract has already been
concluded.
8.1 The Employer has appointed Independent External Monitors (hereinafter referred to as monitors) for
this Pact in consultation with the Central Vigilance Commission.
8.2 The task of the Monitors shall be to review independently and objectively, whether and to what extent
the parties comply with the obligations under this Pact.
8.3 The Monitors shall not be subject to instructions by the representatives of the parties and perform
their functions neutrally and independently.
8.5 As soon as the Monitor notices, or has reason to believe, a violation of this Pact, he will so inform
CMD, NHPC and request NHPC Ltd. to discontinue or take corrective action, or to take other
relevant action. The Monitor can in this regard submit non-binding recommendations. Beyond this
the Monitor has no right to demand from the parties that they act in a specific manner, refrain from
action or tolerate action.
8.6 The Bidder(s)/Contractor(s) accepts that the Monitor has the right to access without restriction, to all
Project documentation of the Employer including that provided by the Bidder/Contractor. The
Bidder/Contractor will also grant the Monitor, upon his request and demonstration of a valid interest,
unrestricted and unconditional access to his project documentation. The same is
applicable to Subcontractor(s). The Monitor shall be under contractual obligation to treat the
information and documents of the Bidder/Contractor/Subcontractor(s) with confidentiality.
8.7 The Employer will provide to the Monitor sufficient information about all meetings among the parties
related to the project provided such meetings could have an impact on the contractual relations
between the parties. The parties will offer to the Monitor the option to participate in such meetings as
and when required.
8.8 The Monitor will submit a written report to the CMD, NHPC Ltd.within 8 to 10 weeks from the date
of reference or intimation to him by the Employer/Bidder and should the occasion arise, submit
proposals for correcting problematic situations.
8.9 The word ‘Monitor’ would include both singular and plural.
In case of any allegation of violation of any provisions of this Pact or payment of commission, the
Employer or its agencies shall be entitled to examine all the documents including the Books of
Accounts of the Bidder/Contractor and the Bidder/Contractor shall provide necessary information and
documents in English and shall extend all possible help for the purpose of such examination.
This Pact is subject to Indian Law. The place of performance and jurisdiction is the Registered Office
of the Employer, i.e. Faridabad (Haryana). The arbitration clause provided in the tender
document/contract shall not be applicable for any issue/dispute arising under Integrity Pact.
11.1 The actions stipulated in this Integrity Pact are without prejudice to any other legal action that may
follow in accordance with the provisions of the extant law in force relating to any civil or criminal
proceedings.
11.2 Changes and supplements as well as termination notice need to be made in writing.
11.3 If the Contractor is a partnership or a consortium or a joint venture, this pact must be signed by all
partners of the consortium/joint venture.
12.1 The validity of this Integrity Pact shall be from date of its signing and extend upto 5 years or the
complete execution of the contract to the satisfaction of both the Employer and the
Bidder/Contractor/Seller, including warranty period, whichever is later. In case BIDDER is
unsuccessful, this Integrity Pact shall expire after six months from the date of the signing of the
contract.
12.2 Should one or several provisions of this Pact turn out to be invalid, the remainder of this Pact shall
remain valid. In this case, the parties will strive to come to an agreement to their original intention.
13.0 The Parties hereby sign this Integrity Pact at ____________ on ______________.
Employer Bidder
Designation
Place---------------- Place--------------
Date--------------- Date--------------
Witness1.__________________________ Witness1.__________________________
2.________________________________ 2._________________________________
1.0 Introduction
1.1 NHPC Limited (NHPC) deals with Agencies viz parties/ contractors/ suppliers/ bidders, who are
expected to adopt ethics of highest standards and a very high degree of integrity, commitments and
sincerity towards the work undertaken. It is not in the interest of NHPC to deal with Agencies who
commit deception, fraud or other misconduct in the tendering process.
1.2 Since banning of business dealings involves civil consequences for an Agency concerned, it is
incumbent that adequate opportunity of hearing is provided and the explanation, if tendered, is
considered before passing any order in this regard keeping in view the facts and circumstances of the
case.
2.0 Scope
2. 1 The Information for Bidders/ Instruction to Bidders and even the General Conditions of Contract
(GCC) of NHPC generally provide that NHPC shall have the rights to remove from list of approved
suppliers / contractors or to ban business dealings if any Agency has been found to have committed
misconduct or fraud or anything unethical not expected from a reputed contractor.
2.2 The procedure of (i) Removal of Agency from the List of approved suppliers / contractors; (ii)
Suspension and (iii) Banning of Business Dealing with Agencies, has been laid down in these
guidelines.
2.3 These guidelines shall apply to all the Projects/ Power Stations/ Regional Offices/ Liaison Offices of
NHPC.
2.4 It is clarified that these guidelines do not deal with the poor performance of the contractors/ Agencies.
2.5 The banning shall be with prospective effect, i.e. future business dealings.
3.0 Definitions
i) “Party / Contractor / Supplier / Bidders” shall mean and include a public limited company or a
private limited company, a joint Venture, Consortium, HUF, a firm whether registered or not, an
individual, cooperative society or an association or a group of persons engaged in any commerce,
trade, industry, etc. “Party / Contractor/ Supplier / Bidder’ in the context of these guidelines is
indicated as ‘Agency’.
ii) “Unit” shall mean the Project/ Power Station/ Regional Office/ Liaison Office.
iii) “Competent Authority” and ‘Appellate Authority’ shall mean the following:
The concerned director shall be the ‘Competent Authority’ for the purpose of these guidelines. CMD
shall be the ‘Appellate Authority’ in respect of such cases.
iv) “Investigating Committee” shall mean any Officer/Committee appointed by Competent Authority to
conduct investigation.
v) “List of approved Agencies viz Parties / Contractors / Suppliers/Bidders” shall mean and include
list of Parties/ Contractors / Suppliers / Bidders etc if registered with NHPC.
Action for banning /suspension business dealings with any Agency shall be initiated by the
department responsible for invitation of bids after noticing the irregularities or misconduct on the part
of Agency concerned. Besides the concerned department, Vigilance Department of each Unit/
Corporate Vigilance may also be competent to initiate such action.
5.1 If the conduct of any Agency dealing with NHPC is under investigation, the Competent Authority
may consider whether the allegations (under investigation) are of a serious nature and whether
pending investigation, it would be advisable to continue business dealing with the Agency. If the
Competent Authority, after consideration of the matter including the recommendation of the
Investigating Committee, if any, decides that it would not be in the interest to continue business
dealings pending investigation, it may suspend business dealings with the Agency. The order of
suspension would operate for a period not more than six months and may be communicated to the
Agency as also to the Investigating Committee. The Investigating Committee may ensure that their
investigation is completed and whole process of final order is over within such period. However, if
investigations are not completed in six months time, the Competent Authority may extend the period
of suspension by another three months, during which period the investigations must be completed.
5.2 The order of suspension shall be communicated to all Departmental Heads of NHPC and Heads of the
Units. During the period of suspension, no business dealing may be held with the Agency.
5.3 As far as possible, the existing contract(s) with the Agency may continue unless the Competent
Authority, having regard to the circumstances of the case, decides otherwise.
5.4 If the Agency concerned asks for detailed reasons of suspension, the Agency may be informed
that its conduct is under investigation. It is not necessary to enter into correspondence or argument
with the Agency at this stage.
5.5 It is not necessary to give any show-cause notice or personal hearing to the Agency before issuing the
order of suspension.
6.1 If the security consideration, including questions of loyalty of the Agency to NHPC so warrants;
6.2 If the director /owner of the Agency, proprietor or partner of the firm, is convicted by a Court of Law
for offences involving moral turpitude in relation to its business dealings with the Government or any
other public sector enterprises, during the last five years;
6.3 If business dealings with the Agency have been banned by the Ministry of Power, Government of
India.
6.5 If the Agency uses intimidation / threatening or brings undue outside pressure on NHPC or its official
for acceptance / performances of the job under the contract;
6.6 If the Agency misuses the premises or facilities of the NHPC, forcefully occupies or damages the
NHPC’s properties including land, water resources, forests / trees or tampers with documents/records
etc. (Note: The examples given above are only illustrative and not exhaustive. The Competent
Authority may decide to ban business dealing for any good and sufficient reason).
7. 1 A decision to ban business dealings with any Agency shall normally apply throughout NHPC.
However, the Competent Authority of the Unit can impose such ban unit-wise only if in the particular
case banning of business dealings by respective Unit will serve the purpose and achieve its objective
and banning throughout the Company is not required in view of the local conditions and impact of the
misconduct / default to beyond the Unit. Any ban imposed by Corporate Office shall be applicable
across all Units of NHPC.
7.2 There will be an Investigating Committee in each Unit to be appointed by Head of the Unit for
processing the cases of “Banning of Business Dealings”. However, for procurement of items /award
of contracts at Corporate Office, the committee shall consist of officers not below the rank of Chief
Engineer/ Chief from Indenting Division, Finance, Law and Contracts. Member from department
responsible for invitation of bids shall be the convener of the committee. The functions of the
committee shall, inter-alia include:
i) To study the report of the department responsible for invitation of bids and decide if a prima-facie
case for banning exists, if not, send back the case to the Competent Authority.
i) To recommend for issue of show-cause notice to the Agency by the concerned department as per
clause 9.1.
iii) To examine the reply to show-cause notice and call the Agency for personal hearing, if required.
iv) To submit final recommendations to the Competent Authority for banning or otherwise.
8.1 If the Competent Authority decides that the charge against the Agency is of a minor nature, it may
issue a show-cause notice as to why the name of the Agency should not be removed from the list of
approved Agencies - Suppliers / Contractors, etc.
8.2 The effect of such an order would be that the Agency would not be qualified for competing in Open
Tender Enquiries or Limited Tender Enquiries till the period mentioned in the order.
8.3 Past performance of the Agency may be taken into account while processing for approval of the
Competent Authority for awarding the contract.
9.1 In case where the Competent Authority decides that action against an Agency is called for, a show-
cause notice has to be issued to the Agency, Statement containing the imputation of misconduct or
misbehavior may be appended to the show-cause notice and the Agency should be asked to submit
within 15 days a written statement in its defence.
9.3 The Competent Authority may consider and pass an appropriate speaking order:
9.4 If it decides to ban business dealings, the period for which the ban would be operative may be
mentioned.
10.1 The Agency may file an appeal against the order of the Competent Authority banning business
dealing etc. The appeal shall be filed to Appellate Authority. Such an appeal shall be preferred within
one month from the date of receipt of the order banning business dealing, etc.
10.2 Appellate Authority would consider the appeal and pass appropriate order which shall be
communicated to the Agency as well as the Competent Authority.
11.0 Circulation of the names of Agencies with whom Business Dealings have been banned
The concerned unit shall forward the name and details of the Agency(ies) banned to IT&C Division
of Corporate Office for displaying the same on the NHPC website.
**** End of Annexure – A ****
To,
Manager P&CE)
Subansiri Lower HE Project
Gerukamukh, Distt-Dhemaji
Assam-787035
Sub: Acceptance in respect of Terms & Conditions of Tender Document of Procurement of HDPE
Pipes and Fittings for water supply system for Subansiri Lower HE Project, NHPC
Limited.
Ref: NIT NO--------------------------------------------- Dt.--------------.
Sir,
i. I/We have downloaded the tender document(s) for the above mentioned ‘Tender/Work’ from the web
site: eprocure.gov.in/eprocure/app.
ii. I/We hereby certify that I/We have read all the terms and conditions of tender document (including all
annexure(s), schedule(s), drawing(s), etc.), which shall part of the contract and I/We shall abide hereby
all terms & conditions contained therein.
iii. The Corrigendum(s) issued from time to time by your department/ organization too has also been taken
into consideration, while submitting this acceptance letter.
iv. I/We hereby unconditionally accept all the terms and Conditions of above mentioned tender document
and corrigendum(s) as applicable.
v. In case any provisions of this tender are found violated, then your department/ organization shall without
prejudice to any other right or remedy be at liberty to reject my bid including the forfeiture of earnest
money deposit.
vi. I/We confirm that our bid shall be valid up to 120 days from the date of opening of cover-1, Techno-
commercial Bid.
vii. I/We hereby certify that all the statements made and information supplied in the enclosed Annexures
and additional data etc. furnished herewith are true and correct.
viii. I/We have furnished all information and details necessary for demonstrating our qualification and have
no further prominent information.
ix. I/We understand that you are not bound to accept the lowest or any bid you may receive.
x. I/We certify that comply with the eligibility requirements as per Bid documents.
Name:
Address:
******END OF Annexure-XIII*****