ITB Instructions to Bidders for IOCL Tender

INSTRUCTIONS TO BIDDER(S) (ITB)
PURCHASER
INDIAN OIL CORPORATION LIMITED
GUJARAT REFINERY,
PO: JAWAHARNAGAR,
VADODARA-391320 GUJARAT,
INSTRUCTIONS TO BIDDER(S) (ITB) Page 1 of 85

INDEX
A) SALIENT POINTS
B) OTHER INSTRUCTIONS
1.0 PAYMENT INSTRUCTIONS

2.0 EVALUATION CRITERIA FOR COMPARISON OF BIDS
3.0 COMMERCIAL LOADING OF OFFERS IN CASE OF DEVIATIONS
4.0 DELIVERY PERIOD
5.0 VALIDITY OF OFFER
6.0 CUSTOMS DUTY AND INVALIDATION LETTER
7.0 FOREIGN EXCHANAGE RATE VARIATION/CUSTOM DUTY VARIATION FOR
INDIAN BIDDER(S) (ON BUILT-IN IMPORT CONTENT)
8.0 SUO-MOTO CHANGES IN PRICES
9.0 SPARES
10.0 DOCUMENTS COMPRISING THE BID
11.0 CURRENCY OF BID
12.0 CONVERSION TO SINGLE CURRENCY
13.0 UNSOLICITED BIDS / BID SUBMISSION AT OTHER PLACE
14.0 CONTACTING IOCL REPRESENTATIVE
15.0 EXAMINATION OF BIDS AND DETERMINATION OF RESPONSIVENESS
16.0 PRICE BID OPENING
17.0 SPLITTING OF ORDERS
18.0 NEGOTIATION
19.0 AWARD OF WORK
20.0 IOCL’S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY BID
21.0 NOTIFICATION OF AWARD
22.0 FRAUDULENT PRACTICES
23.0 CARTEL FORMATION IN BIDDING
24.0 REJECTION CRITERIA
25.0 INTEGRITY PACT (IF APPLICABLE)
26.0 RESOLUTION OF DISCREPANCY IN QUOTED RATES / CHARGES
27.0 LANGUAGE OF BID
28.0 EARNEST MONEY DEPOSIT
29.0 INFORMATION REQUIRED FROM FOREIGN SUPPLIERS / CONTRACTORS /
CONSULTANTS
30.0 REQUIREMENT OF EMPLOYMENT VISA FOR FOREIGN NATIONALS
31.0 ARBITRATION & CONCILIATION
32.0 PRE PRICE BID MEETING
33.0 ONE BID PER BIDDER
34.0 INVOLVEMENT OF AGENTS
35.0 COMPLIANCE TO TENDER DOCUMENT
36.0 ROYALTY INFLOW
37.0 REVERSE AUCTION
38.0 SAFETY PROCEDURES AND PRACTICES
39.0 SPECIAL PACKAGING REQUIREMENTS (APPLICABLE FOR FOREIGN
SUPPLIES)
40.0 TERMS & CONDITIONS OF POST WARRANTY COMPREHENSIVE ANNUAL
MAINTENANCE CONTRACT (PWCAMC)
41.0 HOLIDAY LISTING
42.0 BIDDER(S) UNDER INSOLVENCY OR LIQUIDATION OR BANKRUPTCY
PROCEEDINGS UNDER INSOLVENCY AND BANKRUPTCY CODE, 2016
ANNEXURE–I PANEL OF BANKS FOR ACCEPTANCE OF BANK

GUARANTEE FROM CUSTOMERS / SUPPLIERS/
CONTRACTORS
ANNEXURE–II LIST IOCL’S APPROVED THIRD PARTY INSPECTION
AGENCIES
ANNEXURE –III TAX RESIDENCY CERTIFICATE
ANNEXURE–IV FORM 10F
ANNEXURE–V SPECIAL PACKAGING REQUIREMENTS (FOR FOREIGN
SUPPLIES)
ANNEXURE–VI TERMS & CONDITIONS OF POST WARRANTY
COMPREHENSIVE ANNUAL MAINTENANCE CONTRACT
(PWCAMC)/ POST WARRANTY ANNUAL MAINTENANCE
CONTRACT (PWAMC)
ANNEXURE–VII INTEGRITY PACT
ANNEXURE–VIII FORMAT FOR OPENIING UNCONFIRMED LETTER OF
CREDIT
ANNEXURE-IX GUIDELINES FOR REVERSE AUCTION
ANNEXURE-X APPROVED TRANSPORTER LIST
ANNEXURE-XI FORMAT OF DECLARATION IN LIEU OF PAN
ANNEXURE-XII APPLICABLE POLICIES

INSTRUCTIONS TO BIDDER(S) (ITB)
Dear Bidder,
Bids are requested from bonafide bidder(s) of sound financial standing and
reputation for the subject item on e-procurement system in total compliance to
technical specifications, scope, terms & conditions of enquiry documents /
attachments.
These Instructions to Bidder(s) (“Instructions”) may become a part of any

Purchase Order that might result from submission of a Bid in response to this
Bid Request.
The issue of these Bid Request documents shall not automatically create any
relationship, contractual or otherwise, between Indian Oil Corporation Limited
(IOCL) and the Bidder, and IOCL shall not be liable for any costs and expenses
incurred by the Bidder in the preparation and submission of a Bid.
A) SALIENT POINTS
1. Bidder should submit their bids strictly as per the requirements outlined
hereunder and as specified in the Enquiry Cum Scope of Supply & Technical
Specifications of Tender or equivalent term.
2. Tender document (Non-Transferable) can be downloaded from IOCL e-
tendering website https://iocletenders.nic.in/ during the period, as specified
under “Critical Dates” stated in the e-tender portal. Offer shall have to be
submitted ONLY through online mode on above mentioned IOCL e-tendering
website during the period, as specified under “Critical Dates” and the bids shall
be opened on the date & time, as specified under “Critical Dates”.
3. Tender Opening:
The Un-priced offers shall be opened on the due date (appearing in under
“Critical Dates” stated in the e-tender portal) and in subsequent corrigendum, if
any) and price bid of techno-commercially acceptable bidder(s) shall be opened
on a suitable date, which will be communicated to bidder(s), through e-tendering
interface.
Tender opening can be witnessed by bidder(s) by logging into the e-tender
website.
4. The bidder(s) are required to submit their bids electronically on the e-tender
Portal only (URL: https://iocletenders.nic.in) using valid Digital Signature
Certificates, on or before the bid submission date and time. Bidder(s) are
required to register themselves at https://iocletenders.nic.in.
Bidder(s) to refer attached “Special Instructions to the Bidder for
participating in e-Tender” for detailed instructions on registration and
online bid submission.
Help Desk Details:
Tel. No.: +91-124- 2471850
+91-22-2644-7708
Help Desk Email-id: ethdmkhonic@indianoil.in /
etenderinghelpdesk@indianoil.in
Business Hours: Mon – Fri, 09:00 to 16:00 Hrs India Time (IST) (GMT + 5:30
Hrs)

5. Re-Submission / change of bid documents can be done till bid submission end
date & time. Only the last successful bid uploaded will be available in system.
In e-Tendering bidder(s) can “Withdraw” their bids till bid submission end date &
time. Once withdrawn, a bidder cannot participate for that tender further.
6. Bidder(s) in their own interest are requested to register on e-tender Portal and
upload/submit their bid well in time. Bidder will be responsible for any delay due
to any issues. IOCL shall not be responsible for any delay in uploading the offer
on the e-tender website. E-tender portal does not allow uploading and
submitting the bid after due date and time.
7. Bidder(s) are required to upload the complete bid comprising of Part-I:- Unpriced
Bid along with all supporting documents & Part-II:- Priced Bid on the e-tender
portal only.
8. Bidder(s) shall set their quotations in firm figures and without qualifications or
variations or additions in the terms of the tender documents. Bids containing
qualifying expressions such as “subject to minimum acceptance” or “subject to
prior sale”, or any other qualifying expression or incorporating terms and
conditions at variance with the terms and conditions incorporated in the tender
documents shall be liable to be rejected.
9. Technical specification should be strictly as per the Enquiry Cum Scope of
Supply & Technical Specifications of Tender or equivalent term as attached. It
may be noted that the Bid shall be evaluated as received and technical queries
may not be issued.
10. Clarifications required, if any, must be raised at least five working days prior to
Bid submission end date and time.
11. For Limited tenders, if not bidding, please inform vide E-mail with attached
acknowledgement letter titled “ACKNOWLEDGEMENT OF Tender” within the
due date & time, with reasons(s) of not participating in the Tender. In case there
is no response, IOCL reserves the right not to consider such vendors for
issuance of future enquiries.
12. Direct bids only, without the involvement of an Indian Agent will be considered
from foreign bidder.
In case of involvement of foreign Vendors, tenders can be submitted either by
the Vendor directly or through their Indian Agent / representative on behalf of
them, but not both. The Indian Agent / representative should represent only one
Vendor and he will not be allowed to quote on behalf of another Vendor for the
same tender.
13. In case of foreign bids, mode of required Transportation : Sea / Air is mentioned
in the NIT.
In case of Sea mode transportation all commercial & statutory terms related to
"Sea" mode transportation shall be applicable and in case of Air mode
transportation all commercial & statutory terms related to "Air" mode
transportation shall be applicable in the complete Tender Document.
14. Price Reduction Schedule (PRS) is applicable as per IOCL’s General Purchase
Conditions (GPC).
If other than above, it will be as per Notice Inviting Tender (NIT).
15. Basis of Evaluation: Bids shall be evaluated on Item wise Lowest basis unless
otherwise specifically mentioned in the Notice Inviting Tender (NIT). If evaluation
is on overall basis, then the tender shall be considered as non-splittable.
16. Bidder to note that unless otherwise specified in tender, no relaxation for Start
Ups and MSEs for PQC shall be applicable.
17. Transit / Marine / Storage-cum-Erection insurance is excluded from Bidder’s
scope, since the same shall be arranged by the Owner.
18. The offer should be valid for 4 (Four) months from the scheduled unpriced bid
opening date (including extensions, if any).
19. Only E-Bids uploaded in the e-tender portal shall be acceptable. Physical bids
and Bids/ Offer through Email or fax/ Courier or Bids received in open condition
or Bids in any other mode shall not be accepted.
20. The bidder shall bear all costs associated with the preparation and submission
of its bid, and the Purchaser/Purchaser’s Consultant shall in no case be
responsible or liable for these costs regardless of the conduct or outcome of the
bidding process.
21. The E-bids received online shall be opened through e tender portal on or after
Critical Dates and time as mentioned in e tender. Bidder can view online the
name of the other bidder(s) who have submitted their e-bids after opening is
performed by IOCL.
22. All technically and commercially acceptable bidder(s) will be advised of date and
time of priced bid opening. In case of e-tender, Bids shall be opened online;
hence bidder(s) may view opening status at their places.
23. Addendum / corrigendum to the tender documents if issued will be the part of
tender document.
24. Bidder(s) to note that such price changes, which are against Technical /
commercial clarifications, and are in line with existing terms & conditions of
enquiry documents are not allowed. In case any bidder gives revised prices /
price implications against such clarifications, their bid shall be liable for rejection.
25. IOCL reserves the right to use in-house information for assessment of bidder’s
capability for consideration of bid.
26. In case any bidder is found to be involved in cartel formation, its bid will not be
considered for evaluation / placement of order. Such bidder(s) will also be
debarred from bidding in future apart from penal action as deemed fit.
27. Consortium bids are not acceptable.
28. In case unpriced bid opening date happens to fall on a Holiday, the next working
day shall be deemed to be unpriced bid opening date
29. Owner reserves its right to allow Government Organizations, Public Sector
Enterprises (Central/State), Micro & Small Enterprises (MSEs) and MSEs owned
by Scheduled Caste (SC)/ Scheduled tribe (ST) entrepreneurs, and any other
purchase preference as admissible/applicable from time to time under the
existing Govt. policy. Bidder to submit documentary evidence for the same. In
this regard, item wise quantity may be split and the quoted price shall remain
valid.
Existing bidder(s) can update their MSE details including their Udyog Aadhaar
Number. To update the same in their account of IOCL E Tender Portal, they
need to login into the portal -> Go to My Account -> Click on Edit profile ->
there they can update their MSE details.

30. Purchaser reserves the right to make any changes in the terms and conditions
of purchase and to reject any or all the bids. Indian Oil Corporation Ltd. reserves
the right to accept/reject the tender in part or full without assigning any reason
whatsoever. No compensation shall be paid for the efforts made by the bidder.
31. IOCL reserves the right to complete the evaluation based on the details
furnished with the bid without seeking any additional information.
32. Any effort by Bidder or Bidder’s Agents, Consultant or representative howsoever
described, to influence the owner in any way concerning scrutiny consideration /
evaluation / comparison of the bid or decision concerning the award of the
contract shall entail rejection of the Bid.
33. All documents submitted by the bidder against the tender requirement should be
genuine. In case of any fraud, it shall be bidder’s responsibility and the bidder
may be debarred from future tenders.
The applicability of Purchase Preference policies and / or PQC relaxation, if any are
attached in the tender document.

(B.) OTHER INSTRUCTIONS
1. PAYMENT INSTRUCTIONS
1.1 Unless otherwise specified / required by IOCL, part dispatches will not be
allowed and vendor has to supply materials in one lot.
1.2 The dispatch document may be negotiated thru’ bank or sent directly to IOCL
for release of payment without any payment loading benefit. Further, when
tender payment terms indicate milestone based advance payment
schedules, against which bidder offers payment terms as “within 30 days of
receipt & acceptance of material at IOCL Refinery / Site”, same shall be
acceptable without any payment loading benefit. In case Purchase Order
specifies milestone based advance payments and same are not claimed
during order execution, vendor can claim these milestone based advance
payment along with payment against dispatch.
1.3 For indigenous vendors, in case of direct negotiation of dispatch documents
payment shall be released only after receipt of materials at site.
1.4 CGST & SGST or IGST shall be released only on receipt of GST Invoice
containing the following details:-
A. Name, address and GSTIN of the supplier;
B. A serial number of the invoice; (Please note that this Invoice serial no.
should match with the Invoice serial no. in GST return)
C. Date of issue; (Please note that the date of issue of Invoice should match
with the date of Invoice in GST return)
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 Codes or Accounting Code of services;
G. Description of goods or services;
H. Total value of supply of goods or services;
I. Taxable value of supply of goods or services taking into discount or

abatement if any;
J. Rate of tax (Central Tax, State Tax, Integrated Tax (for inter-state supply),
Union Territory Tax or cess);
K. Amount of tax charged in respect of taxable services (Central Tax, State

Tax, Integrated Tax (for inter-state supply), Union Territory Tax or cess);
L. Place of supply along with the name of State, in case of supply in the course
of inter-state trade or commerce;
M. Address of the dispatch point where the same is different from the place of
supplier;

N. Signature or digital signature of the supplier or his authorised
representative;
O. It's the obligation on the part of Bidder / Vendor / Contractor / Consultant to

discharge their liability by payment of GST to Government of India in cash OR
utilisation of Input Tax credit in respect of such supply of services through GST
Invoice under this Contract, so that Owner will avail Input Tax credit on such
supply. Also it shall be the obligation on the part of the bidder / vendor to include
the tax invoices in the return ensuring matching of the tax amount and to ensure
timely filing of the return in the GSTN portal. In the event that the input tax credit
of the GST charged by the Bidder / Vendor/ Contractor / Consultant is denied by
the tax authorities to Owner due to reasons attributable to Bidder / Vendor,
Owner shall be entitled to recover such amount from the Bidder / Vendor/
Contractor / Consultant by way of adjustment from the next invoice or from Bank
Guarantee. In addition to the amount of GST, Owner shall also be entitled to
recover interest and penalty, in case same is imposed by the tax authorities on
Owner.
P. Any deductions in lieu of deviations to the terms and conditions of the

purchase order shall be suitably incorporated by the vendor in the invoice
presented, else the vendor shall have to necessarily provide a credit note
upon intimation by IOCL within a stipulated time period and any delay in
payment due to the delay in providing credit note shall be to the vendor's
account.
Q. IOCL GST DETAILS:
LEGAL NAME INDIAN OIL CORPORATION LTD.

PAN AAACI1681G
GSTIN of State of Gujarat i.e. relevant for 24AAACI1681G1ZV
Gujarat Refinery (Excluding LAB Plant)
GST registration number for LAB-BE at 24AAACI1681G2ZU
Gujarat Refinery is
1.5 No initial advance payment along with order shall be made by IOCL against
supplies as well as services (i.e. transportation, erection, site work etc.).
1.6 Total progressive payments if applicable as per tender, shall be limited to
maximum as specified in the tender, against receipt of advance bank
guarantee for equivalent amount and submission of Performance Bank
Guarantee (if PBG is applicable). No progressive payments at any stage
other than those milestones specifically mentioned above shall be payable
by IOCL.
1.7 All Bank guarantee(s) shall be issued in line with Annexure–I, attached.
1.8 All Bank guarantee will be issued directly to IOCL by the Bank and Vendor
shall enclose copy of the same along with invoice. Banks shall be informed
to send a separate confirmation immediately on request to IOCL to expedite
processing at IOCL’s end.
1.9 All payments shall be released within 30 days of receipt of invoice and all
requisite documents, complete in all respects.
1.10 Billing schedule, if applicable, shall be submitted to IOCL by the vendor for
approval within 45 days from the date of Letter of Acceptance / Purchase

Order (whichever is earlier) wherever specified in the Purchase Order. No
pro-rata dispatch shall be made without the approval of billing schedule.
1.11 IOCL shall establish the Letter of Credit as per format given as Annexure-III
and same shall be establish on receipt of PO acceptance from the vendor
and receipt of Performance Bank Guarantee, if any.
1.12 Performance Bank Guarantee to be submitted as mentioned in the Notice
Inviting Tender (NIT), if applicable.
1.13 Format for Advance Bank Guarantee (ABG) is as per Annexure-F of General
Purchase Conditions). Format for Performance Bank Guarantee (PBG) is
enclosed as Annexure-C to the General Purchase Conditions.
1.14 All Bank Guarantees (EMD-BG ABG, PBG for Foreign & Indigenous
Suppliers) should be submitted to below address at the office of Tender
Issuing Authority.
Deputy General Manager (Materials-Purchase),
GUJARAT REFINERY, PO: JAWAHARNAGAR,
VADODARA-391320 GUJARAT,
LL:- +91-265-223 7251;
Email id. baruas@indianoil.in
1.15 Ocean Freight (Foreign Bidder)

A. Ocean transportation from FOB Major International Gateway Seaport of Exit
to Nhava Sheva / Kolkata port (India) { Mumbai / Kolkata Airport in case of
Air Transportation} shall be arranged by IOCL (for FOB Orders) through
their nominated freight forwarder. Bidder shall arrange handing over the
material to IOCL designated freight forwarder at the designated port of exit.
B. The request for ocean freight up to Nhava Sheva / Kolkata port { Mumbai /
Kolkata Airport in case of Air Transportation } of entry is for comparison of
bids and will not in any way, limit the Purchaser’s right to contract on
different terms.
C. Purchaser reserves the right to place the order on any of the specified price
basis (FOB or CFR). In case of award, initially the Letter of Acceptance
(LOA)/PO shall be placed on FOB basis and IOCL reserves the right to
convert the same to CFR basis at a later date. Payment for freight shall be
made along with payment of supply items in that case.
D. Therefore bidder’s quoted ocean / air freight charges should be valid for the
entire duration of contract.
E. In case of break-bulk consignment, bidder(s) shall be allowed to quote from
the nearest major International Gateway Seaport of Exit.
F. The Bidder shall furnish the details of consignment such as outside
dimensions, weights (both gross and net), number of packages, type and
number of containers required, technical description and drawings, name of
the supplier, port of loading etc. to enable the IOCL arrange the shipment. In
case of Break Bulk consignments of ODC (over dimensional consignments)
nature, port of destination in India shall be Kolkata Port or Nhava Sheva
Port { Kolkata/Mumbai Airport in case of Air Transportation } (specifically
mentioned in Tender). In case discharge has to be taken at the Ro-Ro Jetty,
bidder(s) to quote for Ro-Ro Jetty discharge during tendering stage and
arrange for the same during arrival of the consignment at the destination
port.
2. EVALUATION CRITERIA FOR COMPARISON OF BIDS:
2.1 Following costs, taxes, duties etc., as applicable, shall be used for evaluation
of bids:
 Basic ex-works cost (including special tools and tackles),

 Cost of mandatory and commissioning spares, if any
 Third party inspection (TPI) and Other Inspection charges (including
Testing charges), if extra
 Packing & Forwarding charges [ P&F ] , if extra {Biodegradable packing
material should preferably be used for supply of materials}
 FOB/FCA charges in bidder’s country (in case of foreign vendors),
 Marine/Air Freight (in case of foreign bidder(s)/imports),
 Marine/Air insurance @1% on CFR cost for foreign bidder(s)/imports
 All taxes and duties applicable in India for both Indian and foreign
bidder(s),
 Port handling charges (for foreign vendors) @ 3%
 Inland Freight
For Indigenous Bidder – as quoted by bidder
For foreign bidder(s)/imports - from Indian Port to IOCL
Gujarat Refinery site @ 2% of landed cost at Port of Entry
 Inland insurance @0.5% on landed cost after all taxes only for
indigenous bidder(s)
 Site work charges, if applicable
 Site supervision services charges (for number of days as informed in
tender), training charges, if applicable
 AMC/CAMC/PWCAMC/PWAMC charges, if applicable
 Technical and commercial loadings, as defined in the Tender document.
 Loading for cylinder rental charges, if applicable
 Any other charges indicated by the bidder
Foreign bids shall be compared considering the Bill Selling Rate released by
State Bank of India as on the date of price bid opening.
Bid evaluation will be done considering GST rates and HSN quoted by
the bidder. GST rates and HSN quoted by the bidder shall be treated
final and bids shall be evaluated on Gross tax basis i.e. after including
amount of GST. Bidder to note that any higher rate of tax actually
invoiced shall be adjusted in price.
In case of SINGLE BID Tender, if the bidder is silent on any Tender Clause
which calls for commercial loading, it will be assumed that the bidder has not
accepted the specific clause and specified commercial loading shall be done
for evaluation purpose. No confirmation shall be sought by IOCL after
opening of bids. {If Deviation Sheet is filled with No Deviations or Nil or
Blank, then it will be assumed vendor has accepted such clauses}
Suo moto price discounts and discounts for prompt payments shall not be
used for evaluation.
In case of a tie of evaluated cost between two or more L1 bidder(s),

discount may be asked from all the L1 bidder(s) in sealed envelope. In
case there is still a tie, quantity may be equally divided amongst the
bidder(s). In case quantity cannot be divided, the L1 bidder with the
maximum turnover may be ordered the full quantity.
Prices for Post Warranty Comprehensive Annual Maintenance Contract

(PWCAMC), if any mentioned in Enquiry Cum Scope of Supply & Technical
Specifications of Tender or equivalent term, shall be considered for
evaluation. However, Purchase order for PWCAMC shall be placed
separately by IOCL.
Evaluation shall take into consideration Government of India guidelines with
respect to Purchase Preference applicable to Central PSUs, MSEs as well
as any applicable Government of India Guidelines.
Ministry of Micro, Small and Medium Enterprises, Government of India have
notified the public procurement policy (PPP), 2012 for facilitating promotion
and development of Micro and Small Enterprises. Guideline for the same is
appended under Miscellaneous Policies, which shall be complied with for
evaluation and ordering.
2.2 Packing & Forwarding:-
A. Vendor to quote firm packing and forwarding charges, preferably as % of

quoted basic price in Priced BOQ only (in case of Indigenous bidder
only), wherever applicable extra,. In case bidder does not quote the
same in Priced BOQ, the same shall be considered as Inclusive in the
quoted basic price. In case bidder indicates any other terms like Extra at
actual / Extra / To IOCL account etc. in the tender then the offer shall be
treated as incomplete and liable for rejection.
B. Packing of the individual boxes should be done in such a way that the
consignment does not become an ODC (Over Dimensional
Consignment) for Air Transport. When the size of the package exceeds
the standard pallet (PIP) dimensions (for Air Transport) which are given
below, they will be treated as ODC.
Length-121 inches
Width 84 inches
Height 60 inches
Maximum Gross Weight 4626 Kg
Maximum Net Weight 4508 Kg
Floor Load Limitations 90.7 Kg /Sq Ft
C. Foreign Vendor to submit “Phytosanitary Certificate”/ IPPC certificate as

per ISPM 15(latest amendment), whichever is applicable for the wooden
packing material, without any extra cost to IOCL.

2.3 IBR Certification:-
In case of items involving IBR Certification, IBR charges if any should be
inclusive in your quoted price.
2.4 Testing and Inspection charges:

It will be bidder’s responsibility to arrange for third party inspection (TPI) (if
applicable for tender) and submit third party inspection release note on time.
No time extension shall be allowed by IOCL for any delay/lapse in this
regard.
Please note that all relevant Third Party Inspection Release Notes, IBR
Certificate, Test Certificates etc. (as applicable) shall be submitted along-
with the dispatch documents & supplied materials.
TPI charges shall include all testing expenses inclusive of destructive testing
charges (if any), all expenses like travel, incidental and fees payable to third
party inspectors.}. The list of approved inspection agencies is enclosed
as Annexure-II.
In case of Indigenous Bidder, bidder to indicate third party inspection
charges as firm % of basic price (If specifically required in the tender) in
Priced BOQ. In case if bidder does not mention anything against the same in
price BOQ, it will be considered as Inclusive. In case bidder indicates any
other terms like Extra at actual / Extra / To IOCL account etc. in the tender
then the offer shall be treated as incomplete and liable for rejection.
In case of Foreign bidder, quoted price should be inclusive of third party
Inspection charges, if third party Inspection is specifically required in the
Tender.
2.5 Freight
2.5.1 For Indigenous Bidder:-

A. Bidder to indicate firm Freight Charges, upto Refinery (Stores) /
Project site, as % of basic price in Priced BOQ. In case if bidder does
not mention anything against the same in price BOQ, it will be
considered as Inclusive.
B. In case bidder indicates other terms like Extra at actual / Extra / To
IOCL account/on To pay basis etc., then his ex-works price shall be
loaded with pro-rated (with respect to approximate distance) on
maximum freight charges quoted by other bidder(s) or by 5% (for
items other than pipes) or 7% (for pipes), whichever is more. After
loading, if the same Bidder becomes L1 (lowest) then the order will be
placed based on Freight Charges payable extra at actual subject to
maximum freight charges by which the prices of the L1 bidder has
been loaded.
After Loading, if the same Bidder becomes L1 (lowest) then the order
will be placed based on Freight Charges payable extra at actual
against freight bill subject to maximum freight charges by which the
prices of the L1 bidder has been loaded.
2.5.2 For Foreign bidder:-
A. Bidder to indicate Ocean / Air Freight Charges from Major
International Port of Export to Mumbai International Airport / Nhava
Sheva Sea Port as firm % of FOB/FCA price in Priced BOQ. If the
Bidder becomes L1 (lowest) then the order will be placed on
FOB/FCA port of export basis however, IOCL reserve the right to
convert the order to CFR Mumbai International Airport / Nhava Sheva
Sea Port at a later date and the freight charges quoted by the bidder
shall be paid extra.
B. In case bidder does not mention anything against the same in price
BOQ, it will be considered as Inclusive and if the same bidder become
L1 (Lowest) then the order will be placed on CFR Mumbai
International Airport / Nhava Sheva Sea Port.
C. In case foreign bidder indicates other terms like Extra at actual / Extra
/ To IOCL account/ on To pay basis / declines to quote firm freight
etc., freight @6% of FOB/FCA price for Asia Pacific / Europe and 9%
of FOB/FCA price for other places or the highest freight charges
quoted by any other foreign bidder against the Tender, whichever is
higher shall be loaded for evaluation. In case of pipes, in case a
foreign bidder has not quoted or not included stowage charges, the
same shall be loaded @10% of Ocean Freight.
If the same Bidder becomes L1 (lowest) then the order will be placed
on FOB/FCA port of export basis however, IOCL reserve the right to
convert the order to CFR Mumbai International Airport / Nhava Sheva
Sea Port at a later date. In that case Freight Charges shall be paid
extra at actual against freight bill subject to maximum freight charges
by which the prices of the L1 bidder has been loaded.
D. ODC / OWC cases: Unless specifically mentioned otherwise
Bidder(s) shall be required to quote firm freight charges up to Nhava
Sheva { Mumbai Airport in case of Air Transportation }. Order shall be
placed on FOB basis with a provision that IOCL may convert it to CFR
basis at a later date, if required. In case of package items requiring
FOT site delivery & site work and services, the port clearance shall be
done by the bidder and custom duty paid on-behalf of IOCL (Paid
custom duty reimbursable against documentary evidence).The
material so cleared at port of entry, shall be issued to bidder as free
issue against necessary bond and further loading, local transportation
and unloading (on site) shall be done by the bidder. In case the bidder
does not quote the freight charges, their offer shall be liable for
rejection.
2.5.3 Where bidder has quoted firm freight charges, documentary evidence
of freight is not required. Bidder shall be paid as per freight quoted by
them.
2.5.4 Vendor to dispatch the materials on “Freight paid basis” by any Bank
approved Transporter having delivery office at Vadodara like as
mentioned in Annexure-X. In case vendor wants to dispatch the
material by their own transporter, the same shall be on Door Delivery
(consignee copy attached) basis and payment shall be released only
after delivery of material at IOCL Gujarat Refinery Site where payment
term is through bank.
2.5.5 In case of ODC/OWC bidder(s) shall have to mandatorily quote for
freight upto Refinery (Stores) / Project site. In case the bidder does
not quote the freight charges, their offer shall be liable for rejection of
which IOCL shall be the sole judge.
2.5.6 The Shipper has to arrange shipment / air freighting of the dangerous
and normal consignment separately in two different air way bills
instead of air freighting both the consignment on a single air way bill.
The necessary shipping documents like invoice etc. must be prepared
separately by the shipper (Not to exceed PO Order Value)
2.6 TAXES
2.6.1 Indigenous Bidder:-

A. Bidder to quote applicable rate of GST extra in the priced BOQ only.
GST shall be payable extra as quoted by the bidder in priced BOQ on
submission of Invoice.
In case bidder does not quote GST in the priced BOQ same shall be
considered as borne by vendor i.e., Inclusive in the quoted price. In
that case, if the same bidder becomes L1 (Lowest), order shall be
placed excluding of GST i.e., quoted prices minus applicable GST
amount. In case bidder indicates any other terms like Extra at actual /
Extra / To IOCL account etc. in the tender then the offer shall be
treated as incomplete and liable for rejection.
B. In case a Bidder declares that he is not required to be registered

under GST laws and Rules, he shall be treated as “Unregistered
Taxable Person”. In such case, Owner is liable to pay GST under
reverse charge and therefore for the purpose of evaluation, bid shall
be evaluated after considering GST Rates and Service Accounting
Code (SAC) as determined by the Owner.
C. In case a Bidder declares that he has applied for GSTIN registration at
the time of submission of Bid but GSTIN is not available, he must
attach a copy of Application Reference Number (ARN) as proof of his
declaration. And in such cases, Bid shall be evaluated after
considering GST Rates and HSN Code / Service Accounting Code
(HSN / SAC) as determined by the Owner if Bidder has not confirmed
or quoted the same.
D. Any statutory increase in the GST or any new or additional taxes or
duties imposed within the contractual delivery date or extended
contractual delivery date shall be to IOCL's account whereas if it is
after contractual delivery it shall be to bidder's account. Any
corresponding decrease on account of above shall be passed on to
IOCL. Any variation in GST at the time of supplies for any reasons,
other than statutory, including variations due to turnover, shall be
borne by bidder. In case GST or any taxes or duties is not applicable
at present but becomes applicable at the time of contractual delivery
period due to any reasons other than statutory, the same shall be
borne by bidder.

E. Quoted rate(s) of GST shall be applicable on supplies (including
spares), P&F, Testing & Inspection charges and Freight Charges.
2.6.2 Foreign bidder:-

A. All the taxes and duties payable outside India shall be borne by the
bidder.
B. All the taxes and duties payable in India shall be on IOCL account.
Bidder to quote HSN (Harmonized System of Nomenclature) code of
goods or SAC (Service Accounting Code) of services
/PWCAMC/PWAMC in the priced BOQ. However, applicable rate of
Custom Duty and IGST shall be considered for evaluation as per rates
already mentioned in the priced BOQ.
C. Payment of per diem charges shall be made after deduction of
withholding tax/TDS for foreign bidder.
2.6.3 TAX CLAUSE FOR PROCESS LICENSOR SELECTION
1. Notwithstanding anything contained anywhere in the BID Documents or any

intimation, notice, questionnaire, clarification, correspondence or
communication at any time before submission of BID, following clauses shall
apply for the purpose of Taxes and Duties described herein below.
2. All amounts in this bid (other than the quoted amount for Indian services in
INR and supplies of equipment, machinery, catalyst or any other supply of
goods ) are net of any taxes and duties levied by the Indian Government on
LICENSOR or LICENSEE. If any payment or deliverable hereunder shall be
subject to the above which LICENSOR or LICENSEE are required to pay,
LICENSEE is required to withhold ("Taxes"), LICENSEE shall:
(i) Pay LICENSOR such a sum as to yield to LICENSOR, after payment of

such Taxes, the full net amount due pursuant to this Agreement subject
to OWNER LIABILITY ( Clause 7 below) and COMPLIANCE ( Clause 8
as mentioned below.
(ii) Pay Taxes in accordance with the relevant rules and legislation to the
applicable governmental with respect to this Agreement.
(iii) Provide LICENSOR with certificates or any other form of documentary
evidence issued by the relevant authority regarding the payment of the
Taxes in a timely manner; and
(iv) Indemnify LICENSOR in respect of any claim or loss, which may arise
as a result of any delay or failure of LICENSEE to meet above
obligations; including penalties relating thereto or interest thereon
(except deduction pursuant to clause no. 3 to 10 herein below)
3. All amounts in this BID for supply of equipment, machinery, catalyst or any
other supply of goods made from outside India is not liable for any
withholding tax in India because title to goods are transferred in favour of
OWNER outside India. However, in case it is applicable, all amounts in this
BID for supply shall be gross of withholding tax levied under Indian Income
Tax or Double Taxation Avoidance Agreement. Owner shall deduct the
Withholding Tax payable to Government of India from the total amount

payable for such supplies. All relevant documents for such payment shall be
provided to the Licensor.
4. All amounts in this BID for services from within India in INR shall be gross of
Indian TDS. Owner shall deduct the Withholding Tax payable to Government
of India from the total amount payable for such Indian Services. All relevant
documents for such deduction shall be provided to the Licensor.
5. LICENSOR shall be responsible for paying all direct taxes (including

personal income tax as well as corporate Income Tax, etc) for the Technical
and Assistant Services in India in accordance with the relevant
governmental rules with respect to this Agreement.
6. The LICENSOR shall comply with all tax laws of India and subject to the
provisions related to the LICENSEE, undertakes to file all "returns",
"statements" and other documents, which it might be required to file under
the laws of India.
7. Subject to relevant clause mentioned below, OWNER LIABILITY on account

of Indian Withholding Tax , whether at the time of BID submission or any
time subsequent thereto, shall be limited to the lower of the following :
(i) Rate of Tax as applicable under Indian Income Tax Act;
(ii) Rate of Tax as applicable under Double Taxation Avoidance
Agreements (DTAA) between India and the country of residence of the
LICENSOR.
Explanation : For the purpose of this Clause, “Rate of Tax as applicable
under Indian Income Tax Act” shall not include rate of tax as determined by a
Tax Deduction Certificate issued by Indian Income Tax Authorities.
8. COMPLIANCE by LICENSOR : In order to afford OWNER to limit its liability

as
described in relevant clause mentioned above, LICENSOR shall submit: (i)
copy of Tax Residency Certificate(TRC) issued by tax authorities of the country
of residence of the Licensor (ii) Form 10F as specified in Indian Income Tax
Act and Rules and (iii) copy of Permanent Account Number(PAN) issued by
Indian Income Tax Authorities, if available, or Declaration in Lieu of PAN as
specified in Rule 37BC of Income Tax Rules, 1962. Format of Declaration in
lieu of PAN is attached as part of BID document as Annexure-XI.
9. IF at the time of payment, rate of tax as determined by Tax Deduction

Certificate issued by Indian Income Tax authorities is lower as compared to
the rate of tax as determined under relevant clause mentioned above, rate
as determined by tax deduction certificate issued by Indian Income Tax
authorities shall be applied at the time of payment for the purpose of
determining OWNER Liability under relevant clause mentioned above.
10. However, where LICENSOR is obligated under Indian Income Tax Act and
rules made thereunder, to obtain Tax Deduction Certificate, it shall be
obligatory on part of LICENOR to submit the same, in original, to the Owner,
and subject to clause 1 to 9 above, tax will be deducted by applying the rate
of tax as per Certificate of Deduction obtained by the bidder from Indian
Income Tax authorities relevant to the Financial Year of payment. Any
excess liability to the Owner on account of Indian Withholding Tax as
described in clause (7) above shall be deducted from the dues payable to
the Licensor.
11. GST or any other taxes (other than those covered under clause 5 to 9
above) applicable in India on the above fees, shall be levied on and paid by
the LICENSEE.
12. All taxes, customs, duties and other dues arising outside India in connection
with and in performance of the Agreement shall be borne by LICENSOR.
13. Services provided or goods supplied from India will attract GST (CGST &
SGST or IGST as the case may be) and the bidder has to register
themselves in India in accordance with Indian Goods & Services Tax Rules,
2017.
14. Bidder who has Permanent Establishment in India and/or quotation is in

Indian Rupee (Fully or partially) has to submit Invoice compliant with GST
Laws and Rules so that LICENSEE can avail Input Credit of GST paid.
15. In case of any advance including Mobilization Advance given as per

contract, contractor shall issue a GST Invoice containing all the details
required as per GST Laws and Rules. Subsequent recoveries / adjustment
of Advance amount shall be separately indicated in the GST Invoice for
actual supply of Goods and Services. The Bidder(s) who do not have
Permanent Establishment in India, their entire amount of advance (net of
taxes) will be treated and adjusted against the services proposed to be
sourced from outside India.
16. In case of Price Variation of Services and Materials applicable as per

tender, the contractor shall issue a GST Invoice containing all the details
required as per GST Laws and Rules.
17. In case of Price Adjustment for delay in Completion applicable as per tender
condition, the contractor shall issue a Credit Note for the Price Reduction
amount containing all the details required as per GST Laws and Rules for
lower incidence of GST.
18. It shall be the obligation on the part of bidder/vendor/

contractor/consultant/licensor to discharge its liability by payment of GST,
wherever applicable, to the Government of India in cash OR utilisation of
Input Tax credit in respect of supply of goods services through GST Invoice
under this Contract, so that owner will avail Input Tax credit on such supply.
In the event that the input tax credit of the GST charged by the
bidder/vendor is denied by the tax authorities to due to delay by
bidder/vendor/ contractor/consultant, in issue of Invoice, Debit Notes or
Credit notes, filing of Return of Outward Supplies, payment of taxes or filing
of any other Returns as required under GST Laws and Rules, or timely
corrections, rectification or modification in the detail of Return of Outward
Supplies or any other Returns, owner shall be entitled to recover such
amount from the bidder/vendor/ contractor/consultant/licensor by way of
adjustment from the next invoice or from Bank Guarantee. In addition to the
amount of GST, owner shall also be entitled to recover interest and penalty,
in case same is imposed by the tax authorities on owner.

19. All payments on account of for services from within India in INR shall be
gross of Indian TDS.
20. All payments on account of supplies of equipment, machinery, catalyst or

any other supply of goods & Services shall be gross of withholding tax levied
under Indian Income Tax or Double Taxation Avoidance Agreement.
21. In all other cases, tax will be deducted by applying the rate of tax as
determined under relevant clause mentioned above.
3. COMMERCIAL LOADING OF OFFERS IN CASE OF DEVIATIONS
Bidder(s) are advised not to take any deviation with respect to IOCL tender
terms & conditions and submit their offer in line with terms and conditions
provided in Tender document.
It may be noted that deviation to commercial terms indicated in this tender
document may not be allowed even though loading has been indicated in this
section. This loading shall be applicable only if Owner allows the deviation to
any of the indicated commercial terms.
BASIS OF LOADING
The Bids shall be loaded on FOT Despatch Point (Ex Works/Basic plus P&F
Charges plus TPI / Other Inspection Charges) basis for Indian vendors and FOB
Port of Exit basis for Foreign vendors.
3.1 PAYMENT TERMS

If bidder takes deviation to IOCL payment terms, if acceptable to IOCL,
loading for Simple Interest implication at 1% higher than IOCL’s Cash Credit
account rate applicable on the date of issue of tender document for
evaluation purpose. This loading shall be done for differential payment terms
& time period.
3.2 PERFORMANCE BANK GUARANTEE (PBG)

For cases where PBG is applicable and vendor accepts PBG for lesser
amount, loading shall be done for differential amount.
For eg, if applicable PBG is 10%
Amount Offered by Bidder Loading
a) 10% Nil
Differential between the offered
b) Less than 10%
percentage and 10%
c) Does not accept to submit PBG 10%
3.3 PRICE REDUCTION SCHEDULE (PRS CLAUSE) (CONSIDERING GPC

CLAUSE OF 0.5% DELAYED ~ 5% TOTAL)

This clause is detailed against Cl. 12 of IOCL’s GPC.
For loading purpose : - The difference between the quantum as per GPC and
that offered by the bidder shall be loaded. For non-acceptance of this clause
or for accepting Liquidated Damage, loading of 5% shall be done. In case the
clause as per IOCL GPC is accepted but with maximum limit indicated as 5%
of undelivered order value (not applicable for package items), loading of 2.5%
shall be done.
3.4 PRICE VARIATION

Prices mentioned in the Bid shall remain firm and fixed and valid until
contractual completion except in the specific cases where Price Variation
Clause with Price Variation Formula has been incorporated in the Bidding
Document.
However if a bidder on his own gives a price variation formula without ceiling
or gives a different Price Variation Formula other than the one given in the
Bidding Document, offers of such bidder(s) shall be rejected. Ceiling shall be
loaded for evaluation purpose.
3.5 Cost loading in respect of utilities etc. will be considered as per respective
Tender Document / Technical Specification stipulation.
4. DELIVERY
In case a supplier quotes delivery longer than required in enquiry, the bid
may get rejected and IOCL reserves the right to accept or reject the bid as
per its discretion.
5. VALIDITY OF OFFER
Validity of offer shall be 4 (four) months from date of Tender Opening. In case
a bidder offers shorter validity than required in Tender and seeks to revise
prices on being asked to meet validity requirement as per Tender, the offer
shall be rejected.
IOCL may ask validity extension beyond 4 (Four) months.
6. CUSTOMS DUTY AND INVALIDATION LETTER
IOCL shall not be availing the benefit of EPCG scheme under the Foreign
Trade Policy (FTP) of Government of India. Hence EPCG benefit shall not be
considered.
7. FOREIGN EXCHANAGE RATE VARIATION / CUSTOM DUTY VARIATION FOR

INDIAN BIDDER(S) (ON BUILT-IN IMPORT CONTENT)
Not Applicable.
8. SUO MOTO CHANGES IN PRICES

Suo moto price change: In case of any suo moto change in price, following
shall apply:
Stage Price Increase Price Decrease

In case of suo moto price
decrease:
Not Acceptable. Bid 1. Tender evaluation shall
After opening shall be rejected. Action be done without
of un-priced regarding Holiday Listing considering suo moto
bid may be taken. EMD price decrease.
shall be forfeited. 2. Ordering shall be done
considering suo moto
price decrease.
9. SPARES
A. Prices of Mandatory Spares, Commissioning spares and special tools and

tackles, wherever required and as specified in the tender documents shall be
included / quoted extra (as specified in Price Format).
B. All spares quoted (as specified in Price Format) by suppliers against the
specified Tender Document / MR / Technical Specification requirement will be
evaluated and recommended for ordering with the main equipment except
recommended two years operation and maintenance spares. It is the prime
responsibility of the bidder to quote spares prices as asked in the price format
/ tender documents (may be included in the main item or asked to specifically
quote spares prices as extra). In case a supplier does not quote for spares as
extra wherever asked to specifically quote as extra (in the price format), their
spares price shall be considered as included in the main item price.
Evaluation and ordering shall be done considering spares price as included /
nil.
C. Commissioning spares and special tools and tackles, if required and
mentioned in Tender Document / MR / Technical Specification, will be
considered for price evaluation and recommended for ordering as quoted by
Suppliers. They need to be quoted extra only when asked in the price format.
However, Supplier shall be fully responsible and no additional cost shall be
paid by IOCL in case commissioning spares/ special tools & tackles over &
above those quoted by supplier are required.
D. Bidder(s) are requested to quote for their recommended two years operation
and maintenance spares wherever asked for but the same will not be
considered for price evaluation. The prices quoted for recommended two
years operation and maintenance spares shall remain valid up to the
contractual completion/delivery period of Order. Order of recommended two
years operation and maintenance spares may be placed by IOCL separately,
if required. Spares and its quantity shall be decided by IOCL at the time of
Order for two years operation and maintenance spares.
10. DOCUMENTS COMPRISING THE BID

A. The offer must be complete in all respects, leaving no scope for ambiguity.
Bidder is fully responsible for the bid submitted and no relief or consideration
can be given for errors and omissions.
B. Deviations to terms and conditions, presumptions etc. shall not be stipulated
in Price part of bid and price bids shall also not contain any stapled slips. In
case of any conditions stipulated in price bids or the price bid containing any
stapled slips, the bids of such bidder(s) shall be liable for rejection of which
IOCL shall be the sole judge.
C. Bidder(s) must ensure submission of prices without any erasures or
corrections. Use of white fluid for correcting the rates is banned. Wherever
rates are corrected with white / erasing fluid and bids are invited on overall
basis then those bids shall be rejected. However if the bids are invited on line
item basis and the correction is done on a particular line item, then that line
item will be rejected.
Cutting and corrections in the bid document should be avoided and if it is
unavoidable, it should be kept at the bare minimum and it should be neatly
cut and re-written without over-writing and use of erasing fluid. All corrections
should be duly signed by the bidder.
IOCL reserves the right to accept or reject the offer either in part or full
wherever white / erasing fluid is used.
11. CURRENCY OF BID
11.1 Bidding currency shall be Indian Rupees(INR) for Indian bidder(s)

11.2 Bidding currency shall be US Dollar / Euro / GBP / JPY / SGD /AUD for
Foreign bidder(s). In case of any Indian supply or services, the same shall be
quoted only in INR clearly indicating in the offer the name and contact details
of the Indian party on whom the order has to be placed. However,
acceptance of such supplies / services shall be subject to IOCL’s acceptance.
12. CONVERSION TO SINGLE CURRENCY
To facilitate evaluation and comparison, IOCL will convert all bid prices
quoted in various currencies (in which the bid price is payable) to single
currency and that will be Indian Rupees only, at the Bill selling exchange
rate published by the State Bank of India on the day of price bid opening.
13. UNSOLICITED BIDS / BID SUBMISSION AT OTHER PLACE
13.1 Unsolicited bids or bids being submitted to address other than one
specifically stipulated in the bid document will not be considered for opening
/ evaluation / award.
13.2 Unsolicited bids received from the bidder(s) who were not issued the
enquiry shall not be opened. However in case such a bid is accompanied
with authorization letter from one of the bidder(s) to whom enquiry was
issued, the same shall be opened.

14. CONTACTING IOCL REPRESENTATIVE
14.1 From the time of the bid opening to the time of the award, if any bidder
wishes to contact IOCL for any matter relating to the bid, it should be done
in writing.
14.2 Any effort by a bidder to influence IOCL in any manner in respect of bid
evaluation or award will result in the rejection of that bid.
14.3 Advise IOCL of any questions as quickly as possible and in any event
not later than five working days prior to the Closing Date for
submission of Bids.
15. EXAMINATION OF BIDS AND DETERMINATION OF RESPONSIVENESS
15.1 IOCL will examine the bids to determine whether they are complete,
whether any computational errors have been made, and whether the bids
are generally in order.
15.2 Prior to the detailed evaluation, IOCL will determine whether each bid is of
acceptable quality, is generally complete and is responsive to the Tender
Documents. For the purposes of this determination, a responsive bid is one
that conforms to all the terms, conditions and specifications of the Tender
Documents without deviations, objections, Conditionality or reservations.
15.3 Bidder shall not be allowed to submit any Price Implication or Revised Price
after submission of Bid, unless there is change in the stipulations of the
Tender Document and such changes are incorporated through an
Amendment. In case Exceptions and Deviations submitted by Bidder along
with Bid are not considered as acceptable and no Amendment is issued,
then in such a case the Bidder(s) would be required to withdraw such
Exceptions/Deviations in favour of stipulations of the TENDER document
and Bidder(s) would not be eligible for submission of Price
Implication/Revised Price, failing which such Bid(s) shall be considered as
non responsive and rejected.
15.4 IOCL’s determination of a bid’s responsiveness shall be based on the
contents of the bid itself without recourse to extrinsic evidence. If a bid is not
responsive, it will be rejected by IOCL, and may not be subsequently made
responsive by the bidder by correction of the nonconformity.
16. PRICE BID OPENING
Price part of only those bidder(s), whose bids are considered techno-
commercially acceptable, shall be opened. Bidder(s) selected for opening of
their price bids shall be informed about the date of price bid opening. In
case of e tender, Price Bid opening shall be done on e-tender portal only
and bidder(s) can also witness bid opening by logging in to the e-tender
portal through their system using their valid digital signature / certificate.
17. SPLITTING OF ORDERS
Order for supply and site work shall not be split and only single order
covering the entire scope of work on each supplier shall be placed.

However, IOCL reserves the right to place multiple orders interlinked with
each other for ease of execution.
18. NEGOTIATION
Negotiations will not be conducted with the bidder(s) as a matter of routine.

However, IOCL reserves the right to conduct negotiations. Bidder(s) should
quote competitive prices considering the fact that price negotiations, if
required, to be held with the lowest bidder only.
19. AWARD OF WORK
IOCL will award the order to the bidder who has been determined as a
lowest evaluated bidder.
20. IOCL’S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY BID
IOCL reserves the right to accept or reject any bid, and to annul the bidding
process and reject all bids at any time prior to award of the order without
thereby incurring any liability to the affected bidder or bidder(s) or any
obligations to inform the affected bidder or bidder(s) of the ground for IOCL’s
action. IOCL reserves the right to award to any bidder (other than the lowest
bidder) without assigning any reason.
21. NOTIFICATION OF AWARD
21.1 Prior to the expiration of period of bid validity IOCL will notify the successful
bidder in writing by fax/e-mail that his bid has been accepted. The
notification of Purchase Order (PO) / Letter of Acceptance (LOA) will
constitute the formation of the Order.
21.2 The Delivery Schedule shall commence from the date of notification of
Purchase Order (PO) / Letter of Acceptance (LOA), whichever is earlier.
21.3 In case LOA is issued before Purchase Order (PO), LOA will contain price,
delivery and other salient terms of bid and Tender Document. LOA shall be
treated as firm order commitment from IOCL. Subsequently, SAP Purchase
Order (PO) shall be issued to regularize the Letter of Acceptance (LOA).
Bidder will be required to confirm receipt of Letter of Acceptance (LOA) /
Purchase Order (PO) duly signed and stamped as a token of
acknowledgement/Acceptance within a maximum of 7 days, failing which the
same shall be deemed as accepted.
22. FRAUDULENT PRACTICES
22.1 IOCL requires that Bidder(s) observe the highest standard of ethics during
the award/ execution of Contract. "Fraudulent Practice" means a
misrepresentation of facts in order to influence the award of a Contract to
the detriment of IOCL, and includes collusive practice among bidder(s)
(prior to or after bid submission) designed to establish bid prices at artificial
non-competitive levels and to deprive IOCL of the benefits of free and open
competition.

A. IOCL will reject a proposal for award if it determines that the bidder
recommended for award has engaged in fraudulent practices in
competing for the Contract in question.
B. Bidder is required to furnish the complete and correct information/

documents required for evaluation of their bids. If the information/
documents forming basis of evaluation is found to be false/ forged, the
same shall be considered adequate ground for rejection of bids and
forfeiture of Earnest Money Deposit.
C. In case, the information/ document furnished by the Bidder/ Contractor

forming basis of evaluation of his bid is found to be false/ forged after the
award of the contract, IOCL shall have full right to terminate the contract
and get the remaining job executed at the risk & cost of such Bidder/
Contractor without any prejudice to other rights available to IOCL under
the contract such as forfeiture of PBG/ Security Deposit, withholding of
payment etc.
D. In case, this issue of submission of false documents comes to the notice

after execution of work, IOCL shall have full right to forfeit any amount
due to the Bidder/ Contractor along with forfeiture of PBG/ Security
Deposit furnished by the bidder/ contractor.
E. Further, such bidder/ contractor shall be put on Holiday/ Suspension List

of IOCL debarring them from future business with IOCL for a time period,
as per the prevailing policy.
22.2 Vendor may be put on “Holiday List/ Suspension List” If a party

A. has committed Breach of Contract or has failed to perform a contract or
has abandoned the contract.
B. has indulged in malpractices such as bribery, corruption, fraud and
pilferage, bid rigging, price rigging.
C. has obtained official company information or copies of documents, in
relation to the tender / contract, by questionable methods / means.
D. has deliberately violated and circumvented the provisions of labour
laws/regulations/rules, safety norms or other statutory requirements.
E. has deliberately indulged in construction and erection of defective works
or supply of defective materials.
F. has not cleared IOCL's previous dues.
G. is bankrupt or is being dissolved or has resolved to be wound up or
proceedings for winding up or dissolution have been instituted.
H. has submitted fake, false or forged documents / certificates.
I. has substituted materials in lieu of materials supplied by IOCL or has not
returned or has short returned or has unauthorisedly disposed off
materials/ documents / drawings / tools or plants or equipment supplied
by IOCL.
J. has refused to accept Fax of Acceptance / Letter of Acceptance /
Purchase Order after the same is issued by IOCL within the validity
period and as per agreed terms & conditions.
K. after opening of Price Bid, on becoming L1, withdraws/ revises his bid
upwards within the validity period.
L. has parted with, leaked or provided confidential / proprietary information
of IOCL given to the party only for his use (in discharge of his obligations
against an order) to any third party without prior consent of IOCL.

M. any other points stating provision of Holiday List mentioned elsewhere in
the Tender Document.
N. any other ground for which, in the opinion of the Corporation makes it
undesirable to deal with the vendor/bidder.
23. CARTEL FORMATION IN BIDDING
In case any bidder is found to be involved in cartel formation, his bid will not
be considered for evaluation / placement of order. Such bidder(s) will also
be debarred from bidding in future apart from penal action as deemed fit.
24. REJECTION CRITERIA:
A bid is liable for rejection in the following circumstances:
A. Does not pay the EMD before deadline

B. Does not fulfill minimum pre qualification criteria as per the Tender Documents
C. Submits the tender late i.e. after due date and time
D. Unsolicited bids.
E. Stipulates the validity period less than what is stated in the Tender Documents
F. Stipulates his own conditions and does not agree to withdraw the deviations,
rendering his bid unacceptable
G. Does not disclose the full names and addresses of all his partners or Directors
as applicable wherever called for in the tender.
H. Does not fill in and submit the required annexures, specifications, etc. as
specified in the tender.
I. Does not submit bid in the prescribed format making it impossible to evaluate
the bid
J. Indulges in tampering of tender documents
K. Does not conform to any tender condition which stipulates non-conformance of
tender conditions as rejection criteria.
L. Failure of bidder to submit tenders without taking cognizance of corrigendum /
amendment issued.
M. Failure of bidder to submit reply to Technical / Commercial Query (TQ/CQ)
within the given dead line.
N. In case the bidder alters / modifies the bid suo-moto after opening the bids
(technical bids in case of two bid system) within the validity period.
25. INTEGRITY PACT (IF APPLICABLE) –
25.1 Bidder to submit the `Integrity Agreement' in the format enclosed in the
tender, duly signed and stamped along with the un-priced offer. Scanned
copy with duly authorized signature should be uploaded in the e-
procurement website under e-bidding. Price bids of bidder(s) refusing to
submit the duly signed and stamped Integrity Pact may not be opened.
25.2 Submission of duly filled, signed & stamped Integrity Pact (IP) as per format
given as Annexure-VII, along with tender, is a mandatory prerequisite for
Bids to be eligible for further evaluation. However, bidders are requested to
please refer the latest Integrity Pact (IP) as per format and submit
accordingly. The same shall be available at URL
https://www.iocl.com/Talktous/IntPact.aspx. The signed IP should be
complete in all respect and is required to be uploaded in the e-tender portal
along with the Bid. Bid not having the duly signed IP attached with it will be
rejected. Partial submission of IP document will also not be considered. The
"Integrity Pact document" should be included in the "list of documents" to be
submitted with the tender.
The details of IndianOil’s Nodal Officer & Independent External Monitors
(IEMs) are available on iocl.com and the URL for the same is given below:
https://www.iocl.com/Talktous/IntPact.aspx
26. RESOLUTION OF DISCREPANCY IN QUOTED RATES / CHARGES
If the bidder has quoted rates / charges at more than one place in the bid
document, then in case of discrepancy between the quoted rates / charges,
higher(st) shall be considered for evaluation and lower(st) for ordering.
In case of e-Tendering, Price quoted in the Priced BOQ shall only be
considered for evaluation.
27. LANGUAGE OF BID
27.1 The Bid prepared by the bidder, all correspondence/drawings and

documents relating to the bid exchanged by the bidder with IOCL shall be in
English Language alone provided that any document furnished by the
bidder may be written in another language so long as accompanied by an
English translation, in which case, for the purpose of interpretation of the
bid, the English translation shall govern.
27.2 In the event of submission of any document/ certificate by the Bidder in a
language other than English, the English translation of the same duly
authenticated by Chamber of Commerce of Bidder’s country shall be
submitted by the Bidder. Translation by Indian Embassy / High Commission
or authorized / approved translation agencies (by Indian Embassy / High
Commission) or any other independent authority shall also be acceptable
apart from the Local Chamber of Commerce of country of origin.
28. EARNEST MONEY DEPOSIT – (IF APPLICABLE)
28.1 For EMD submission refer FAQs-IOCL-Online-EMD. pdf document

28.2 Indian bidder(s) shall submit Earnest Money Deposit (EMD), wherever
applicable, for an amount as indicated in the NIT / TENDER in the form of
NEFT or RTGS Option /Online Submission in e-Tender Portal/ or bank
guarantee {bank guarantee acceptable for EMDs valuing above INR 1 Lac}
(as per the Proforma provided in the Bidding Document) in favour of “Indian
Oil Corporation Ltd, Gujarat Refinery”. Issuance of Bank Guarantee shall be
confirmed directly to IOCL. Bids not accompanied with EMD shall be liable
for rejection of which IOCL shall be the sole judge.
28.3 For NEFT / RTGS option: Bidder(s) to choose “NEFT/RTGS” option and
submit. On next page he will get the option to download NEFT/ RTGS
challan (ICICI NEFT/ RTGS form) having unique bank account number for
that particular EMD. Bidder to pay NEFT/ RTGS as per details in generated
challan either using online banking or by visiting his bank branch.
28.4 Foreign bidder(s) shall submit EMD, if applicable, for an amount as
indicated in the NIT / TENDER, through Bank guarantee in favour of “Indian
Oil Corporation Ltd, Gujarat Refinery” (as per the Proforma provided in the
Bidding Document). However, based on authorization by foreign bidder,
their Indian associates may be allowed to submit EMD in INR only in the
form of Online Transfer. EMD through Demand Draft / Bankers Cheque /
Swift Transfer shall also be accepted. Bids not accompanied with EMD shall
be liable for rejection of which IOCL shall be the sole judge.
28.5 Earnest Money Deposit (EMD) as mentioned above shall be submitted
within the bid submission end date and time. Earnest Money Deposit (EMD)
shall be valid for 7 (Seven) months from the date of original unpriced bid
opening mentioned in the tender documents.
28.6 Earnest Money Deposit (EMD) in the form of Bank guarantee as mentioned
above shall be submitted in accordance with the attached Annexure-A of
General Purchase Conditions (GPC).
28.7 For Bank Guarantee option: Bidder shall select YES against EMD
exemption and shall select exemption type as “Percentage”. Bidder shall
enter 100 in Percentage/Amount field. Subsequently bidder shall upload the
scanned copy of “Bank Guarantee” in the space provided for uploading
EMD exemption document. Bank guarantee should be strictly as per as per
IOCL standard format. Standard format has been annexed in IOCL General
Purchase Conditions. BG must be executed on appropriate value of non
judicial stamp paper. Bank guarantee must be sent by bank directly to
tender inviting authority in sealed envelope.
28.8 Exemption of EMD will be applicable for Government organizations,
Central/State PSUs, JVs of IOCL, and for Start Ups of definition as per
Ministry of Commerce and Industry (Department of Industrial Policy and
Promotion, DIPP) and Micro or Small Enterprises (MSEs) registered with
District Industries Centers or Khadi and Village Industries Commission or
Khadi and Village Industries Board or Coir Board or National Small
Industries Corporation for corresponding item or Directorate of Handicrafts
and Handlooms or any other Body specified by Ministry of Micro, Small and
Medium Enterprise provided that certificate issued by the relevant agency is
valid (wherever validity is specified in the certificate) on the date of Un-
priced Bid Opening. Scanned copy of Registration certificate should be
uploaded in the e-procurement website under e-bidding.
*** EMD exemption will be given to all registered MSE Bidder(s). However,
purchase preference is applicable to MSEs for manufacturers in case of
supplies irrespective of tendered item and service provider in case of
services.***
MSE bidder(s) who are traders and registered under Services category, shall
not be considered for purchase preference under MSE policy for
procurement of goods. Similarly, MSE vendors who are registered under
Manufacturer category shall not be considered for purchase preference
under MSE policy for procurement of services.
Also Traders registered under MSE to be given only EMD and Tender Fee
exemption. No Purchase Preference is applicable.
28.9 Bidder(s) are required to submit the EMD (as per the Proforma provided in
the Bidding Document) in original at the time of bid submission in sealed

envelope and are required to upload the scanned copy of EMD on e-tender
portal along with e-Bid. EMD in original shall be submitted in a sealed
envelope titled “Earnest Money Deposit for Bidding Document No. (as
applicable)”. Swift message/Cheque/Cash shall not be acceptable. In case
bidder fails to upload scanned copy of EMD on e-tender portal by the bid
submission end date and time & time, such bid shall be liable for rejection of
which IOCL shall be the sole judge. EMD in original must be received at the
address stated for EMD submission within 7 days of bid submission end
date and time. Bidder(s) whose original EMDs are not received within 7
days of bid submission end date and time shall be liable for rejection of
which IOCL shall be the sole judge. For the purpose of receipt of BG, the
time recorded in the Receipt / DAK section against receipt shall be
considered as receipt time. Only those Physical BG instruments found
matching with the copy submitted in the e-portal shall be considered as
valid. IOCL shall not be responsible for postal/courier delay, non-receipt or
loss in transit.
28.10 In case Earnest Money Deposit (EMD) is applicable in the tender as per
NIT, the following shall be applicable for INDIAN BIDDER(S)
A. EMD amount upto Rs. 1 lac. : EMD to be submitted through online

payment at IOCL e-tender portal along with the offer. EMD payment
through Demand Draft, Bankers Cheque and Swift Transfer shall not
be accepted.
B. EMD amount more than Rs. 1 lac. : EMD can be submitted through online
payment at IOCL e-tender portal along with the offer or through Bank
Guarantee (BG). Validity of BG in lieu of EMD shall be 3 months beyond bid
validity. Bank Guarantee must be strictly as per IOCL format as per
Annexure-A of IOCL GPC. Scanned Copy of EMD instrument i.e. Bank
Guarantee has to be uploaded in the un-priced bid and the bidder should
also ensure that the above mentioned Original BG in physical form duly
enclosed in a sealed envelope super-scribed with “Offline EMD”, Bidder’s
Name, Tender No., Bid Submission End Date & Item, is received at the
Office of DY GENERAL MANAGER MATERIALS (PURCHASE), Indian Oil
Corporation Ltd., Gujarat Refinery, P.O. Jawaharnagar, Dist. Vadodara –
391 320 as per following schedule:
I. Single Bid Tenders: Before due date and time of opening of

bids.
II. Two Bid Tenders: Within 7 working days from the date of
opening of technical bids.
Note:
a) For the purpose of receipt of BG, the time recorded in the Receipt / DAK section
against receipt shall be considered as receipt time.
b) Only those Physical BG instruments found matching with the copy submitted in
the e- portal shall be considered as valid.

c) IOCL shall not be responsible for postal/courier delay, non-receipt or loss in
transit.
IN CASE BIDDER DOES NOT SUBMIT EMD AS MENTIONED ABOVE, THEN

THE BID SHALL BE LIABLE FOR REJECTION.
28.11 In case Earnest Money Deposit (EMD) is applicable in the tender as per
NIT, the following shall be applicable for FOREIGN BIDDER(S)
A. EMD amount upto Rs. 1 lac. : EMD to be submitted through online
payment at IOCL e-tender portal along with the offer. EMD payment through
Demand Draft/ Bankers Cheque/Swift Transfer shall also be accepted.
B. EMD amount more than Rs. 1 lac. : EMD can be submitted through online
payment at IOCL e-tender portal along with the offer/Demand Draft/Swift
Transfer or Bank Guarantee(BG). Validity of BG in lieu of EMD shall be 3
months beyond bid validity. Bank Guarantee must be strictly as per IOCL
format as per Annexure-A of IOCL GPC.
In case of submission of physical EMD instrument i.e. Demand Draft/

Bankers Cheque/Bank Guarantee, scanned Copy of EMD instrument has to
be uploaded in the un-priced bid and the bidder should also ensure that the
Original EMD instrument in physical form duly enclosed in a sealed
envelope super-scribed with “Offline EMD”, Bidder’s Name, Tender No., Bid
Submission End Date & Item, is received at the Office of DY GENERAL
MANAGER MATERIALS (PURCHASE), Indian Oil Corporation Ltd., Gujarat
Refinery, P.O. Jawaharnagar, Dist. Vadodara – 391 320 as per following
schedule:
I. Single Bid Tenders: Before due date and time of opening of

bids.
II. Two Bid Tenders: Within 7 working days from the date of
opening of technical bids.
Note:
a) For the purpose of receipt of Physical EMD instrument, the time recorded in the
Receipt / DAK section against receipt shall be considered as receipt time.
b) Only those Physical EMD instrument found matching with the copy submitted in
the e- portal shall be considered as valid.
c) IOCL shall not be responsible for postal/courier delay, non-receipt or loss in

transit.
EMD shall be in equivalent US Dollar. Based on authorization by foreign bidder, their

Indian associates may be allowed to submit EMD in INR in form of only Online payment
at IOCL e-tender portal.
IN CASE BIDDER DOES NOT SUBMIT EMD AS MENTIONED ABOVE, THEN THE
BID SHALL BE LIABLE FOR REJECTION.”
28.12 EMD shall be released to the bidder(s) in the following circumstances:

A.
EMD of bidder(s) whose price bids are not opened/ disqualified during
techno-commercial bid evaluation (unsuccessful Bidder) shall be
released after price bid opening.
B. EMD of bidder(s) qualified in the techno-commercial bid but
unsuccessful for placement of Purchase Order shall be released after
placement of Purchase Order on successful Bidder.
C. EMD of the successful bidder shall be released on receipt of acceptable
PBG.
28.13 EMD shall be forfeited and the Supplier may be put on “Holiday List” in
case;
A. The bidder alters / modifies / withdraws the bid suo moto after opening
the bids (Technical bids in case of two bid system) and within the
validity period. In such a case, the offer submitted by the bidder shall be
liable to be rejected.
B. The successful bidder who gets the order but fails to deposit the
performance bank Guarantee or to execute the order.
C. In case of submission of false/ fraudulent / forged documents.
29. INFORMATION REQUIRED FROM FOREIGN SUPPLIERS / CONTRACTORS /

CONSULTANTS
29.1 It is mandatory for the foreign supplier/contractor/consultant to furnish

the following information in case their receipts are subject to tax
deduction at source in India:
A. PAN Number as per the Indian Income Tax requirements failing which
the Supplier/Contractor/Consultant shall be responsible for any
additional tax deduction at source as per the provisions of the Indian
Income Tax Act/Rules and the same shall be deducted from the
payment made to supplier/contractor/consultant.
B. Tax Residency Certificate (TRC) containing prescribed particulars as
per the enclosed Annexure-III from the Government of foreign country
in order to claim the benefits of Double Taxation Avoidance Agreement
(DTAA) as per the Indian Income Tax requirements failing which the
relief under DTAA will not be available and consequently the higher rate
of withholding tax @25% will be applicable and deducted from the
payment made to supplier/contractor/consultant (i.e., non-resident
taxpayer). The TRC shall be duly verified by the Government of the
country of which the assessee claims to be a resident for the purposes
of tax.
C. In additional to TRC, bidder in order to claim the benefits of DTAA shall
also submit additional information in form number 10F (Refer
Annexure-IV). Form 10F has to be signed & verified by the assessee
himself.
29.2 If some information is already contained in TRC, the bidder shall not be
required to provide that information in Form no. 10F but even then Form
no. 10F is required to be provided by the bidder.
29.3 However, the bidder may write Not Applicable in the relevant column in
case that information is already contained in TRC.
29.4 The above shall be furnished before release of any payment or within
one month of the release of Order, whichever is earlier.

30. REQUIREMENT OF EMPLOYMENT VISA FOR FOREIGN NATIONALS
30.1 All Foreign nationals coming to India for execution of Projects/ Contracts will
have to apply for Employment Visa only and that grant of Employment Visa
would be subject to strict adherence of following norms:
A. Employment Visa is granted only for the skilled and qualified professionals
or to a person who is being engaged or appointed by a Company,
Organization, Industry or Undertaking etc. in India on contract or
employment basis at a senior level, skilled position such as technical expert,
senior executive or in managerial position etc.
B. Request for Employment Visa for jobs for which large number of qualified
Indians are available, is not considered.
C. Under no circumstances an Employment Visa is granted for routine,
ordinary jobs.
30.2 Bidder(s) are advised in their own interest to check latest Visa rules from
Indian Embassy/ High Commission in their country in case Foreign nationals
are required to be deputed to India during execution of the Contract.
31. ARBITRATION & CONCILIATION
Arbitration & Conciliation shall be as per clause 34 of GPC and its

amendment.
32. PRE PRICE BID MEETING
IOCL reserves the right to conduct Pre Price Bid Meeting.
No technical issues shall be raised / discussed by either side during Pre

Price Bid meeting. Based on discussions in the pre-price bid conference,
deviations, if any, from tender terms and conditions shall be communicated
in writing to all the bidder(s) and they shall be asked to submit price
implication when substantial changes are made after taking into account the
modified terms and conditions including deviations, within stipulated period.
If a bidder takes any further deviations other than those agreed, while
submitting the revised price bids, its bid shall be rejected outright without any
reference. In case it is found after opening that any deviation is incorporated
in the revised price bid, bidder is also liable to be placed on holiday for a
period of one year for future tenders in IOC after following the laid down
policy in this regard.
Price implications received after the stipulated date are not to be considered.
Bidder(s) unable to comply with IOCL’s terms and conditions including
proposed deviations will be allowed to withdraw their bids.
33. ONE BID PER BIDDER
A Bidder shall submit only one bid in the same bidding process. A Bidder
who submits or participates in more than one bid will cause all the proposals
in which the bidder has participated to be disqualified.
Alternative price bids are not acceptable.

34. INVOLVEMENT OF AGENTS
The Bidder entity should ensure that only one Bid is submitted by them
directly or by their Agent* on behalf of the bidder entity or as a consortium
Partner. In case it is found that bidder entity has submitted more than one
bid, all their bids in the tender are liable for rejection.
*“Agent” 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
35. COMPLIANCE TO TENDER DOCUMENT
Bidder shall submit the Declaration on Acceptance of Tender Scope,

Specifications, Terms & Conditions as per the proforma attached in
“Bid_Document.xls”. Non-compliant bids may be rejected and clarifications
may not be sought if sufficient compliant bids are received.
36. ROYALTY INFLOW
Bidder(s) should declare if the offered product is based on IOCL Research

& Development (R&D) formulation, and if yes, whether the agreement for
royalty payment with IOCL is valid.
The vendor should also enclose an undertaking for the applicable royalty
rate payable to IOCL (R&D), while submitting the offer. IOCL shall cross
check the applicable royalty from R&D centre, while evaluating the bids.
Incentive will be considered while evaluating the bids by applying negative
loading to the rates quoted by manufacturers using IOCL (R&D
formulations, to the extent of royalty inflow to IOCL (R&D), after adjustment
of taxes and surcharges, if any.
37. REVERSE AUCTION (IF APPLICABLE) – Please refer Annexure - IX
38. SAFETY PROCEDURES AND PRACTICES:
38.1 PENALTIES FOR VIOLATION / NON-ADHERENCE OF SAFETY

PROCEDURES AND PRACTICES
For execution of Purchase Orders involving site work based on the job
requirements, all security/ safety rules/ regulation/ statutes as prevailing at
work site at the time of execution of the job will have to be strictly complied
with. All safety equipment like fire hoses, fire extinguishers, safety belts,
safety shoes, safety helmets etc. are to be provided by the successful
bidder to its site personnel. In the event of any damage or loss or sufferance

caused due to non-observance of any such rules/ regulations, the bidder
shall be solely responsible for the same and shall keep IOCL indemnified
against all such claims or losses arising out of the same. Penalties shall be
imposed for violation of safety norms as under, in addition to Holiday Listing
if deemed fit by IOCL.
I. For violation of applicable Safety, Health and Environment related

norm, a penalty of Rs.5000/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) per injury in addition to Rs.5000 / per occasion
as in item-I.
III. Fatal accident, a penalty of 1% of the contract value (maximum of
Rs.10,00,000) per
fatality in addition to Rs.5000/per occasion as in item-I.
All labour law/ statutes/ rules/ regulations including minimum wages act,
employees state insurance, payment of bonus act, employees provident
fund, contract labour law etc. are to be strictly complied with. Bidder will be
solely responsible for any claim/ liability arising due to/ on account /
consequent to the workmen engaged by him. Bidder shall keep IOCL
indemnified against all such claims of whatsoever nature.
Bidder at its own expenses shall take out workers compensation insurance
to cover any claim that may be made by bidder’s employees and/ or their
heirs and dependents alleging bodily injuries sustained or death suffered by
employees as a result of or in connection with the performance of any
bidder’s obligations under this agreement and will hold IOCL and its
employees and representatives harmless from any and all such claims.
Bidder’s insurance policy shall include a waiver clause as to any insurer’s
actions against IOCL, its employees and representatives.
The vendor should be 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.
The bidder shall keep IOCL both during and after the term of agreement,
fully & effectively indemnified against all losses, damages, injuries, deaths,
expenses, actions, proceedings, demands and costs & claims, including but
not limited to, legal fees & expenses, suffered by IOCL or any third party for
such losses, damages, injuries or death as the result of a wrongful action,
negligence or violation of the job site regulations by the bidder or its
subcontractors or the personnel or agents or either of them.
38.2 SAFETY PROCEDURES AND PRACTICES FOR CHEMICALS, ETC.
For hazardous chemical/item, all precautionary measure as per regulation

from the point of transportation/ handling/ storage/ safety/ health/
environment to be undertaken/ specified before dispatch. During dispatch,

proper symbol for the hazard/ MSDS/ Batch No./ date of manufacturing/
Gross Weight/ Net Weight/ shelf Life etc are to be written/ printed/ pasted on
the body of the packing.
38.3 SAFETY PRACTICES IN MATERIAL DISPATCH
Refinery 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 area shall
be equipped with PPEs. Site work safety to be ensured by complying with
safety norms.
Truck / Tanker should report at IOCL gate by 8.30 am (excluding Sundays

or holidays as per Refinery norms) in order to facilitate unloading at the
earliest and release of trucks.
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.
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 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. Vehicle propelled by CNG/LPG or vehicles
having less than 4 wheels viz. 3 wheelers etc. may not be allowed in
Refinery.
39. SPECIAL PACKAGING REQUIREMENTS (APPLICABLE FOR FOREIGN

SUPPLIES)
Refer attached Annexure-V.
40. TERMS & CONDITIONS OF POST WARRANTY COMPREHENSIVE ANNUAL

MAINTENANCE CONTRACT (PWCAMC)/ POST WARRANTY ANNUAL
MAINTENANCE CONTRACT (PWAMC)
Refer attached Annexure–VI.
41. HOLIDAY LISTING:
The holiday listing shall be bidder specific & when the bidder is put on
holiday, all the offices of the bidder shall be on holiday for all locations of
IOCL & for all Services / locations of the bidder. If the bidder placed on
holiday is a proprietary concern, all the concerns of the same proprietor shall
also be considered to be on holiday and if that proprietor is the managing
partner of any firm, such firm shall also be considered to be on holiday.

42. BIDDER(S) UNDER INSOLVENCY OR LIQUIDATION OR BANKRUPTCY
PROCEEDINGS UNDER INSOLVENCY AND BANKRUPTCY CODE, 2016
Offers from the following type of bidder(s) shall not be considered:
A. Bidder(s) who are undergoing insolvency resolution process or liquidation or

bankruptcy proceeding under Insolvency and Bankruptcy, Code 2016
B. Bidder(s) whose insolvency resolution process or liquidation or bankruptcy

proceeding is initiated under the Code at any stage of evaluation of the bid.
a) It will be responsibility of the bidder to inform IOCL within 15 days from the
date of order of insolvency resolution process or liquidation or bankruptcy
proceeding passed by the Adjudicating Authority namely, National Company
Law Tribunal (NCLT) or Debt Recovery Tribunal (DRT) under the code.
b) 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 .
c) IOCL reserves the right to cancel/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.
d) 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.
e) A Declaration / Undertaking shall be submitted by the bidder in the Bid

Document (.xls file) along with the techno commercial bid.

ANNEXURE –I
PANEL OF BANKS FOR ACCEPTANCE OF BANK GUARANTEE FROM

CUSTOMERS/SUPPLIERS/CONTRACTORS
All the Bank Guarantee(s) as stated above will be furnished from a

Nationalised/Scheduled bank. The 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:-
1. 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:
a) Any Nationalized / PSU bank appearing in the Second Schedule to the RBI
Act, 1934.
Or
b) 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.
2. 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 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).
3. 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).
4. 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.
5. Stamp Paper for Bank Guarantee (s) should be purchased in the name of Bank
Guarantee issuing Bank only.
6. The IOCL Banker’s details required for issue of Bank Guarantees Only are as
under:
Bank Name : State Bank of India
Account Number : 10135305063
Bank IFSC code : SBIN0000568
Branch Name : Gujarat Refinery
Address : Bajwa Branch, PO. Jawaharnagar (Adjacent to Indian Oil
Corporation Ltd. Administrative Building), Vadodara, Gujarat 391320
Please ensure to indicate Tender No., Bankers name, contact person name, phone,
email, and Fax No. on Bank Guarantee covering letter of the Bank and on envelop, to
expedite BG confirmation from your bankers, as required by IOCL.
7. BGs less than Rs. 1 cr may be accepted from any scheduled bank (including
nationalized banks, other scheduled commercial banks, scheduled cooperative
banks and scheduled regional rural banks) as appearing in the Second
Schedule to the RBI Act 1934.
8. BGs of Rs. 1 cr and above may be accepted, which is issued by any of the
following Banks:
1. Allahabad Bank 26. Syndicate Bank

2. Bank of Baroda 27. ICICI Bank
3. Bank of India 28. HDFC Bank
4. Bank of Maharashtra 29. Kotak Mahindra Bank
5. Canara Bank 30. South Indian Bank
6. Central Bank of India 31. Federal Bank
7. Corporation Bank 32. Exim Bank
8. Indian Bank 33. ING Vysya Bank
9. State Bank of Bikaner & Jaipur 34. Axis Bank
10. State Bank of Hyderabad 35. Yes Bank
11. State Bank of India 36. Citi Bank n.a.
12. State Bank of Mysore 37. HSBC Bank
13. State Bank of Patiala 38. Deutsche Bank ag
14. State Bank of Travancore 39. Bank of America n.a

15. UCO Bank 40. Royal Bank of Scotland
16. Union Bank of India 41. BNP Paribas
17. United Bank of India 42. Bank of Nova Scotia
18. Vijaya Bank 43. Bank of Tokyo-Mitsubishi UFJ Ltd.
19. Andhra Bank 44. Mizuho Corporation Bank Ltd
20. Dena Bank 45. Barclays Bank Plc
21. IDBI Bank 46. ANZ Bank
22. Indian Overseas Bank 47. JP Morgan Chase Bank
23. Oriental Bank of Commerce 48. Standard Chartered Bank
24. Punjab & Sind Bank 49. DBS Bank
25. Punjab National Bank 50. First Rand Bank

ANNEXURE-II
Following are the IOCL’s approved third party inspection agencies:

Sl. Name of the Registered Address of the Correspondence Address and
No. Agency Agency Contact Person/s
1. ABS City Ice Building, 298 City Ice Correspondence Address:
INDUSTRIAL Building, P. Nariman Street,
VERIFICATION Fort, Mumbai - 400 614. ABS Industrial Verification (I) Pvt.
(INDIA) PVT. Ltd., JVS Tower, E12/2, Ground
LTD. Email: absiv@eagle.org Floor, Sector-1, Noida-201301
G.B.Nagar, (UP) India
Website: abs-group.com
Contact Person:
Mr. Rakesh Kumar Sinha

Head-Operations & BD (North
Region)
Tel No.: +91 120 4516103/4561201/
4516104 (D)
Fax No.: +91 120 4516103
Mobile No.: +91 98118 12135

E-mail: rsinha@absconsulting.com
2. BUREAU 72 Business Park, Ground Correspondence Address:
VERITAS (INDIA) Floor,Marol Industrial Area, 1. Bureau Veritas (India) Private
PRIVATE MIDC Cross Road C, Andheri Limited, 72 Business Park, Ground
LIMITED East, Mumbai-400093 Floor, Marol Industrial Area, MIDC
Cross Road ‘C’, Andheri East,
E-mail: Mumbai-400093
industry.mumbai@bureauverita
s.com Contact Person:
Mr. Dinesh Sukhramani
Website: GM - Business Development
www.bureauveritas.co.in E-mail:
dinesh.sukhramani@bureauveritas.c
om
Land line: +91-22-62742807 / 2000

Mob: +91-9820224104
2. Bureau Veritas (India) Private

Limited, F-4,Sector 3, Noida - 201
307
Contact Person:
Mr. Brijesh Singh, GM – North
Email:
brijesh.singh@bureauveritas.com
Land line: +91 120 450 7601 / 7600
Mob: +91-9810806031
3. CERTIFICATION E.I. Annexe (4th Floor), 1, Correspondence Address:
ENGINEERS Bhikaiji Cama Place,
INTERNATIONAL R.K. Puram, Engineers India Bhawan, First Floor,
LIMITED New Delhi-110066. Plot No.85, Sector 11,
Kharghar, Dist. Raigad,
Tel.: 011-26101265, Maharashtra-410210.
26102121.
Fax: 011-26164868, Tel.: 91-22-27528700.
26186245.
Email: ceilmby@ceil.co.in;
E-Mail: marketing@ceil.co.in; mkt@ceil.co.in
ceil.del@eil.co.in;
marketing@ceil.co.in; Contact Person:
mkt@ceil.co.in
Mr. SathishIyengar
Website:
http://www.ceil.co.in/ E-mail: sathishiyengar@ceil.co.in
Tel.: 91-22-27528708
Mob: 9820358551
4. INTERNATIONAL E-7, Chand Society, Juhu Correspondence Address:

CERTIFICATION Road, Juhu, Mumbai - 400 049,
SERVICES PVT Maharashtra, India 22/23, Goodwill Premises, Swastik
LTD Estate, 178 CST Road, Kalina,
E-Mail:- info@ecdpl.com Santacruz East, Mumbai – 400098.
Website: www.icspl.org Contact Person:-
1.Mr. Sumeet Kataria Country

Manager Mobile:- 09324644271
Email:-
sumeet.kataria@icsasian.com
Mr. Afzal Hasan GM- Inspection

Mobile:- 09324367549
Email:- afzal.hasan@icsasian.com
Mr. Anugrah J. Robert Manager -

Marketing Mobile:- 9323128524
Email:-
anugrah.robert@icsasian.com
5. IRCLASS IRCLASS Systems and Correspondence Address :
SYSTEMS AND Solutions Pvt. Ltd.
SOLUTIONS 52A, AdiShankaracharya Marg, IRCLASS Systems and Solutions
PVT. LTD. Opp. Powai Lake, Pvt. Ltd.52A, Adi Shankaracharya
Powai, Mumbai 400072 Marg, Opp. Powai Lake,
Powai, Mumbai 400072
Email:
industrial_services@irclass.org Contact Person :
Website : www.irclass.org Mr.Manish Mondkar (Manager)

Tel : 022 30519400 (Ext 876)
Mob : 9029982385
Email : manish.mondkar@irclass.org

6. PROJECTS & PDIL BHAWAN, Correspondence Address :
DEVELOPMENT A-14,Sector-1 Noida-201301 PDIL BHAWAN,
INDIA LIMITED U.P. (India) A-14,Sector-1 Noida-201301
U.P. (India
E-mail: noida@pdilin.com
Contact Person
Website : www.pdilin.com Mr. S. P. Sinha
Addl. General Manager(Inspection
& NDT)
Email : spsinha@pdilin.com
Land line : 0120-2539418 Mobile
No: 9654757606
7. SGS INDIA SGS House, 4B, A.S. Marg, Correspondence Address :
PRIVATE Gandhi Nagar, Vikhroli (W),
LIMITED Mumbai- 400083 Maharashtra, Nitco Biz Park,
India 5th Floor, Plot No. C/19,
Road No.19, Wagale Estate, MIDC,
Website: www.sgsgroup.in Thane (West) - 400 604
Email: sgs.india@sgs.com Contact Person:

Prasad M Yadav –
Manager Marketing & Tender
Support
Email: prasad.yadav@sgs.com
Landline: 022 49170155/49170100
Mobile: 9867550841
8. TATA TATA PROJECTS LIMITED Correspondence Address :
PROJECTS Mithona Towers, 1-7-80 to 87 SBG Services
LIMITED Prenderghast Road, TATA PROJECTS LIMITED
Secunderabad -500003, Splendid Towers, 6th Floor,
Telangana, India H.No. 1-8-364, 437, 438 & 445
S.P. Road, Begumpet, Hyderabad -
Website: www.tataprojects.com 500003, Telangana, India
Tel: +91-40- 6725 8800, Fax:

+91-40- 66318806,
Email: tplqs@tataprojects.com
Website: www.tataprojects.com
Contact Person:-
1) M. Bhoopathy, Vice President
2)Anil Kumar Jaiswal, Asst. Manager
Mob: +91-9582607090
Email: aniljaiswal@tataprojects.com
9. TUV SUD TUV SUD House, Off Saki Correspondence Address :
SOUTH ASIA Vihar Road, Sakinaka,
PRIVATE Andheri(East), Mumbai – TUV SUD South AsiaPvt. Ltd.,
LIMITED 400072, Maharashtra. D. No. 9-1-164, 4th Floor,Amsri
Plaza, S.D. Road,Secunderabad -
Email: info@tuv-sud.in; 500003,Telangana
pankaj.narkhede@tuv-sud.in
Contact Person:-
Website : http://www.tuv-sud.in
Mr. Venkatesh Venisetti- Sr.
Manager
Tel: (Board) +91-40-66321871/72 &

40177751/71
Mobile No: +91-9849017393

Email: venkatesh.venisetti@tuv-
sud.in
10. VCS QUALITY 505, 5th Floor, 360 Degree Correspondence Address :
SERVICES Business Park, Next to R-Mall,
PRIVATE Mulund Check Naka, L.B.S. 505, 5th Floor, 360 Degree Business
LIMITED Marg, Mulund West, Mumbai Park, Next to R-Mall, Mulund Check
400080 Naka, L.B.S. Marg, Mulund West,
Mumbai 400080
Email – info@vcsquality.com /
mktg2@vcsquality.com Contact Person:-
Mr. Kashyap Sinha &

Mr. Pramod Shenwai
Email – onshore@vcsquality.com /
pm4@vcsquality.com
Mobile - 8451005009 / 9167047048

ANNEXURE-III
TAX RESIDENCY CERTIFICATE
Tax Residency Certificate (TRC) obtained by the Non-Resident from Government of

Foreign Country shall contain the following particulars:
A. Name of the assessee;

B. Status (individual, company, firm etc.) of the assessee;
C. Nationality (in case of individual);
D. Country or specified territory of incorporation or registration (in case of
others);
E. Assessee’s tax identification number in the country or specified territory
of residence or in case no such number, then, a unique number on the
basis of which the person is identified by the Government of the country
or the specified territory;
F. Residential status for the purposes of tax;
G. Period for which the certificate is applicable; and
H. Address of the applicant for the period for which the certificate is
applicable;

ANNEXURE-IV
FORM 10F
[See sub-rule (1) of rule 21AB]
Information to be provided under sub-section (5) of section 90 or sub-section (5) of section 90A of
the Income-tax Act, 1961
I *son/daughter of Shri
in the capacity of (designation) do provide the
following information, relevant to the previous year
for the purposes of sub-
*in my case/in the case of section (5) of *
section 90/section 90A:-
Sl.No. Nature of information : Details#

(i) Status (individual; company, firm etc.) of the assessee :
Permanent Account Number (PAN) of the assessee if
(ii) allotted :
Nationality (in the case of an individual) or Country or
specified territory of incorporation or registration (in the
(iii) case of others) :
Assessee’s tax identification number in the country or
specified territory of residence and if there is no such
number, then, a unique number on the basis of which the
person is identified by the Government of the country or
the specified territory of which the assessee claims to be
(iv) a resident :
Period for which the residential status as mentioned in the
certificate referred to in sub-section (4) of section 90 or
(v) sub-section (4) of section 90A is applicable :
Address of the assessee in the country or territory outside
India during the period for which the certificate, mentioned
(vi) in (v) above, is applicable :
F.NO.142/16/2013-TPL]/SO 2331(E)
2. I have obtained a certificate to in sub-section (4) of section 90 of sub-section (4) of section 90A
from
the Government of (name of country or
specified territory outside India)
Permanent Account Number:
Verification
do hereby declare that to the best of my
I knowledge
and belief what is stated above is correct complete and is truly stated.
Verified today the day of
Notes:
1. *Delete whichever is not applicable.
2. #Write N.A. if the relevant information forms part of the certificate referred to in sub-section (4) of
section 90 or sub-section (4) of section 90A.
ANNEXURE–V
SPECIAL PACKAGING REQUIREMENTS (FOR FOREIGN SUPPLIES)
All raw/solid wood packaging material used for packaging shall be appropriately treated
and marked as per ISPM-15 (International Standards of Phyto-sanitary measures 15)
OR shall be accompanied by a Phytosanitary Certificate with the treatment endorsed.
The treatment of raw/solid wood packaging material prior to export shall include either
Methyl Bromide (MB) @48 g/m3 for 16 hrs at 21º C and above or any equivalent thereof
or heat treatment (HT) at 56º C for 30 min (core temperature of wood) or Kiln Drying
(KD) or Chemical Pressure Impregnation (CPI) or any other treatments provided that
these meet the HT specifications of the ISPM-15.
However, the above conditions shall not be applicable to wood packaging material
wholly made of processed wood products such as ply wood, particle board, oriental
strand board of veneer that have been created using glue, heat and pressure or
combination thereof. The above conditions shall also not be applicable to wood
packaging material such as veneer peeler cores, wood wool & shavings and thin wood
pieces (less than 6mm thickness) unless they are found to be harboring any pests.
Only Biodegradable / recyclable / reusable type packing material should be used for
supply of materials.

ANNEXURE -VI
TERMS & CONDITIONS OF POST WARRANTY COMPREHENSIVE ANNUAL

MAINTENANCE CONTRACT (PWCAMC) / POST WARRANTY ANNUAL
MAINTENANCE CONTRACT (PWAMC)
The prices for PWCAMC/PWAMC are for complete scope of work and services as
specified in the Enquiry Cum Scope of Supply & Technical Specifications of Tender.
PWCAMC/PWAMC Charges are inclusive of all the charges for Transportation,

Lodging, Boarding, all insurances including third party insurance and all other incidental
charges. The same shall exclude CGST & SGST / IGST which shall be payable extra.
The prices also include cost of spares and damaged parts (in case of comprehensive
maintenance contract). Purchaser does not have any liability, whatsoever, over and
above the prices of PWCAMC/PWAMC.
The PWCAMC/PWAMC charges also include arranging hand tools & tackles, special
tools etc. required to carry out the work.
The order for PWCAMC/PWAMC will be placed separately by IOCL before the expiry of
contractual Warranty Period. However, the price of PWCAMC/PWAMC services will
remain valid for specified Years (no. of years for which PWCAMC/PWAMC is required)
from the date of expiry of Warranty period.
Periodic and Preventive maintenance: Seller/Contractor shall depute their engineers to

installation site as & when required for regular checkups, as part of periodic
maintenance. He shall also depute their service engineers periodically for preventive
maintenance, major repairs/replacement and reporting. Price shall also include
emergency visits as necessary.
Bidder to ensure compliance to guidelines on PPE (Personal Protective

Equipment)

Annexure –VII
INTEGRITY PACT
Covering Letter with each tender on IOCL Letter Head
Ref: Dated: To,

-------------------------------------------------
---------------------------------------------
Sub: Tender no. for
Dear Sir
Declaration by Indian Oil Corporation Limited
Indian Oil Corporation Limited (IOCL) hereby declares that IOCL has
signed an MOU dated 18th January 2008 with Transparency
International India for the adoption of the Integrity Pact Program and
stands committed to following the
principles of transparency, equity and competitiveness in public
procurement. The said MOU can be accessed at the IOCL website i.e.
http://www.iocl.com/Aboutus/DraftMOU.pdf
The subject Notice Inviting Tender (NIT) is an invitation to offer made

on the condition that the Bidder will sign the Integrity Agreement,
which is an integral part of tender documents, failing which the
tenderer/bidder will stand disqualified from the tendering process and
the bid of the bidder would be summarily rejected.
Yours faithfully,
For and on behalf of Indian Oil Corporation Limited
(Authorized Signatory)

Covering Letter required to be signed and submitted by the tenderer
Ref: Dated:
To,
Indian Oil Corporation Limited
-------------------------------------------------
---------------------------------------------
Sub: Submission of Offer for Tender no. for
Dear
Sir
The Bidder acknowledges that Indian Oil Corporation Limited (IOCL) has signed the MOU with
Transparency International India for the adoption of the Integrity Pact Program and stands
committed to following the principles thereof as enumerated in the Integrity Agreement enclosed
with the tender document.
The Bidder agrees that the Notice Inviting Tender (NIT) is an invitation to offer made on the
condition that the Bidder will sign the enclosed Integrity Agreement, which is an integral part of
tender documents, failing which the tenderer will stand disqualified from the tendering process. The
Bidder acknowledges that the Bid would be kept open in its original form without variation or
modification for a period of days (state the number of days from the last date for the receipt of
tenders stated in the NIT) AND THE MAKING OF THE BID SHALL BE REGARDED AS AN
UNCONDITIONAL AND ABSOLUTE ACCEPTANCE of this condition of the NIT.
Bidder confirms acceptance and compliance with the Integrity Agreement in letter and spirit and
further agrees that execution of the said Integrity Agreement shall be separate and distinct from
the main contract, which will come into existence when bid is finally accepted by IOCL. The
Bidder acknowledges and accepts the duration of the Integrity Agreement, which shall be in line
with Article 8 of the enclosed Integrity Agreement.
Bidder acknowledges that in the event of Bidder’s failure to sign and accept the Integrity
Agreement, while submitting the Bid, IOCL shall have unqualified, absolute and unfettered right to
disqualify the tenderer and reject the Bid in accordance with the terms and conditions of the
tender.
Yours
faithfully,
(Duly authorized Signatory of the

Bidder)
(Note - One copy of this letter along with the Integrity Agreement duly signed must be returned
alongwith offer).

To be executed on plain paper and submitted along with Technical Bid/Tender
documents for tenders. To be signed by the bidder and same signatory
competent/authorised to sign the relevant contract on behalf of IOCL.
(Division)
Tender no.:
INTEGRITY AGREEMENT
This Integrity Agreement is made at on this day of ________, 20__
BETWEEN
Indian Oil Corporation Limited, a company duly incorporated and validly existing under the
provisions of Companies Act, 1956 and having its registered office at Indian Oil Bhavan, 9, Ali
Yavar Jung Marg, Bandra (East), Mumbai 400051 (hereinafter referred as the ‘Principal/Owner’,
which expression shall unless repugnant to the meaning or context hereof include its successors
and
permitted assigns)
And
……………. (name and address of the Individual/firm/Company/consortium members through

(mention details of duly authorized signatory) hereinafter referred to as the “Bidder/Contractor”
and which expression shall unless repugnant to the meaning or context hereof include its
successors and permitted assigns. Preamble
WHEREAS the Principal/Owner has floated a tender (Tender No.:) (hereinafter referred to as
“Tender”) and intends to award, under laid down organizational procedures, contract/s purchase
order/work order for ………….. (name of contract/order) or items covered under the tender
hereinafter referred to as the “Contract”.
AND WHEREAS the Principal/Owner values full compliance with all relevant laws of the land, rules,
regulations, economic use of resources and of fairness/transparency in its relation with its Bidder(s)
and Contractor(s).
AND WHEREAS, in order to achieve these goals, the Principal/Owner has appointed Independent
External Monitors (IEM), to monitor the Tender process and the execution of the Contract for
compliance with the principles as laid down in this Agreement.
AND WHEREAS to meet the purpose aforesaid both the parties have agreed to enter into this
Integrity Agreement (hereinafter referred to as “Integrity Pact” or “Pact”), the terms and conditions of
which shall also be read as integral part and parcel of the Tender documents and Contract between
the parties.

NOW, THEREFORE, in consideration of mutual covenants contained in this Pact, the parties
hereby agree as follows and this Pact witnesseth as under:
Article 1: Commitment of the Principal/Owner
1) The Principal/Owner commits itself to take all measures necessary to prevent corruption and
to observe the following principles:
a) No employee of the Principal/ Owner, personally or through any of his/her family

members, will, in connection with the Tender, or the execution of the Contract,
demand, take a promise for or accept, for self or third person, any material or
immaterial benefit which the person is not legally entitled to.
b) The Principal/Owner will, during the Tender process, treat all Bidder(s) with equity and
reason. The Principal/Owner will, in particular, before and during the Tender
process, provide to all Bidder(s) the same information and will not provide to any
Bidder(s) confidential I additional information through which the Bidder(s) could
obtain an advantage in relation to the Tender process or the Contract execution
c) The Principal/Owner shall endeavour to exclude from the Tender process any
person, whose conduct in the past has been of biased nature.
2) If the Principal/Owner obtains information on the conduct of any of its employees which is a
criminal offence under the Indian Penal Code (IPC)
/Prevention of Corruption Act, 1988 (PC Act) or is in violation of the principles herein
mentioned or if there be a substantive suspicion in this regard, the Principal/Owner will
inform the Chief Vigilance Officer and in addition can also initiate disciplinary actions as per
its internal laid down policies and procedures.
Article 2-Commitments of the Bidder(s)/Contractor(s)
1) The Bidder(s)/Contractor(s) commits himself to take all measures necessary to prevent

corruption. He commits himself to observe the following principles during his participation in
the Tender process and during the Contract execution:
a) The Bidder(s)/Contractor(s) will not, directly or through any other person or firm, offer,
promise or give to any of the Principal/Owner’s employees involved in the Tender
process or execution of the Contract or to any third person any material or other
benefit which he/she is not legally entitled to, in order to obtain in exchange any
advantage of any kind whatsoever during the Tender process or during the execution
of the Contract.
b) The Bidder(s)/Contractor(s) will not enter with other Bidder(s) into any undisclosed
agreement or understanding, whether formal or informal. This applies in particular to
prices, specifications, certifications, subsidiary contracts, submission or non-
submission of bids or any other actions to restrict competitiveness or to cartelise in the
bidding process.
c) The Bidder(s)/Contractor(s) will not commit any offence under the relevant IPC/PC Act.
Further the Bidder(s)/Contractor(s) will not use improperly, (for the purpose of
competition or personal gain), or pass on to others, any information or document
provided by the Principal/Owner as part of the business relationship, regarding plans,
technical proposals and business details, including information contained or
transmitted electronically.

d) The Bidder(S)/Contractor(s) of foreign origin shall disclose the names and addresses of
agents/representatives in India, if any. Similarly Bidder(S)/Contractor(s) of Indian
Nationality shall disclose names and addresses of foreign agents/representatives, if
any. In the tender, either the Indian agent on behalf of the principal/OEM or
principal/OEM itself can bid but both cannot bid simultaneously for the same item /
product in the same tender. Further, if an agent submits bid on behalf of the
Principal/OEM, the same agent shall not submit a bid on behalf of another
Principal/OEM in the same tender for the same item/product. Copy of CVC guidelines
dated 13/01/2012 is annexed hereto as Annexure.
e) The Bidder(s)/Contractor(s) will, when presenting his bid, disclose (with each tender as
per proforma enclosed) any and all payments he has made, is committed to or intends
to make to agents, brokers or any other intermediaries in connection with the award of
the Contract.
2) The Bidder(s)/Contractor(s) will not instigate third persons to commit offences outlined
above or be an accessory to such offences.
Article 3. Disqualification from Tender Process and exclusion from future contracts
1. If the Bidder(s)/Contractor(s), either before award or during execution of Contract

has committed a transgression through a violation of Article
2 above or in any other form, such as to put his reliability or credibility in question,
the Principal/Owner is entitled to disqualify the Bidder(s)/Contractor(s) from the Tender
process or terminate the Contract, if already executed or exclude the Bidder/
Contractor from future contract award processes. The imposition and duration of the
exclusion will be determined by the severity of transgression and determined by the
Principal/Owner. Such exclusion may be for a period of 1 year to 3 years as per the
procedure prescribed in the guidelines for holiday listing of the Principal/Owner.
2. The Bidder/ Contractor accepts and undertakes to respect and uphold the
Principal/Owner’s absolute right to resort to and impose such exclusion.
3. Apart from the above, the Principal/Owner may take action for banning of business
dealings/holiday listing of the Bidder/Contractor as deemed fit by the Principal/Owner.
Article 4-Consequences of Breach
Without prejudice to any rights that may be available to the Principal/Owner under law or the
Contract or its established policies and laid down procedures, the Principal/Owner shall have the
following rights in case of breach of this Integrity Pact by the Bidder(/Contractor(s):
1) Forfeiture of EMD/Security Deposit: If the Principal/Owner has disqualified the Bidder(s)

from the Tender process prior to the award of the Contract or terminated the Contract or
has accrued the right to terminate the Contract according to Article 3, the Principal/Owner
apart from exercising any legal rights that may have accrued to the Principal/Owner, may
in its considered opinion forfeit the Earnest Money Deposit/ Bid-Security amount of the
Bidder/Contractor.
2) Criminal Liability: If the Principal/Owner obtains knowledge of conduct of a Bidder or

Contractor, or of an employee or a representative or an associate of a Bidder or
Contractor which constitutes corruption within the meaning of PC Act, or if the
Principal/Owner has substantive suspicion in this regard, the Principal/Owner will inform
the same to the Chief Vigilance Officer.

Article 5- Previous Transgression
1) The Bidder declares that no previous transgressions occurred in the last 3 years with any
other Company in any country confirming to the anti- corruption approach or with any other
Public Sector Enterprise in India that could justify his exclusion from the Tender process.
2) If the Bidder makes incorrect statement on this subject, he can be disqualified from the Tender
process or action can be taken for banning of business dealings/ holiday listing of the Bidder/
Contractor as deemed fit by the Principal/ Owner.
3) If the Bidder/Contractor can prove that he has resorted \recouped the damage caused by him
and has installed a suitable corruption prevention system, the Principal/Owner may, at its own
discretion as per laid down organizational procedures, revoke the exclusion prematurely.
Article 6- Equal Treatment of all Bidder(s)/Contractors/Subcontractors
1) The Bidder(s)/Contractor(s) undertake(s) to demand from all subcontractors a commitment in

conformity with this Integrity Pact. The Bidder/Contractor shall be responsible for any
violation(s) of the principles laid down in this agreement/Pact by any of its Sub-contractors,/
sub-vendors.
2) The Principal/Owner will enter into Pacts on identical terms as this one with all Bidder(s) and
Contractors.
3) The Principal/Owner will disqualify Bidders, who do not submit, the duly signed Pact between
the Principal/Owner and the bidder, along with the Tender or violate its provisions at any
stage of the Tender process, from the Tender process.
Article 7-Independent External Monitor (IEM)
1) The Principal/Owner has appointed competent and credible Independent External Monitor(s) (IEM)
for this Pact. The task of the Monitor is to review independently and objectively, whether and to
what extent the parties comply with the obligations under this Pact.
2) The IEM is not subject to instructions by the representatives of the parties and performs his
functions neutrally and independently. He reports to the Chairman, Indian Oil Corporation Limited.
3) The Bidder(s)/Contractor(s) accepts that the IEM has the right to access, without restriction, to
all Project documentation of the Principal/Owner including that provided by the Contractor. The
Contractor will also grant the IEM, upon his request and demonstration of a valid interest,
unrestricted and unconditional access to his or any of his Sub-Contractor’s project
documentation.. The IEM is under contractual obligation to treat the information and documents
of the Bidder(s)/Contractor(s)/Subcontractor(s) with confidentiality.
4) In case of tenders having value of Rs 150 Crore or more, the Principal/Owner will provide to the
IEM sufficient information about all the meetings among the parties related to the Project and
shall keep the IEM apprised of all the developments in the Tender Process.
5) As soon as the IEM notices, or believes to notice, a violation of this Pact, he will so inform the
Management of the Principal/Owner and request the Management to discontinue or take
corrective action, or to take other relevant action. The IEM can in this regard submit non-binding

recommendations. Beyond this, the IEM has no right to demand from the parties that they act in a
specific manner, refrain from action or tolerate action.
6) The IEM will submit a written report to the Chairman, Indian Oil Corporation Limited within 6 to 8
weeks from the date of reference or intimation to him by the Principal/Owner and, should the
occasion arise, submit proposals for correcting problematic situations.
7) If the IEM has reported to the Chairman, Indian Oil Corporation Limited a substantiated suspicion
of an offence under the relevant IPC/PC Act, and the Chairman, IOCL has not, within reasonable
time taken visible action to proceed against such offence or reported it to the Chief Vigilance
Officer, the IEM may also transmit the information directly to the Central Vigilance Commissioner.
8) The word “IEM” would include both singular and plural.
Article 8- Duration of the Pact
This Pact begins when both the parties have legally signed it. It expires for the Contractor 12 months
after the completion of work under the Contract or till the continuation of defect liability period,
whichever is more and for all other Bidder(s), till the Contract has been awarded.
If any claim is made/lodged during the time, the same shall be binding and continue to be valid
despite the lapse of this Pact as specified above, unless it is discharged/determined by the
Chairman, IOCL.
Article 9-Other Provisions
1) This Pact is subject to Indian law, place of performance and jurisdiction is the Head Office/Head
quarters of the Division of the Principal/Owner, who has floated the Tender.
2) Changes and supplements need to be made in writing. Side agreements have not been made.
3) If the Contractor is a partnership or a consortium, this Pact must be signed by all the partners
and consortium members. In case of a Company, the Pact must be signed by a
representative duly authorized by board resolution.
4) Should one or several provisions of this Pact turn out to be invalid, the remainder of this Pact
remains valid. In this case, the parties will strive to come to an agreement to their original
intentions.
5) Any dispute or difference arising between the parties with regard to the terms of this
Agreement/Pact, any action taken by the Owner/Principal in accordance with this Agreement/
Pact or interpretation thereof shall not be subject to arbitration.
Article 10- LEGAL AND PRIOR RIGHTS
All rights and remedies of the parties hereto shall be in addition to all the other legal rights and
remedies belonging to such parties under the Contract and/or law and the same shall be deemed to
be cumulative and not alternative to such legal rights and remedies aforesaid. For the sake of brevity,
both the Parties agree that this Pact will have precedence over the Tender/Contract documents with
regard any of the provisions covered under this Pact.

IN WITNESS WHEREOF the parties have signed and executed this Pact at the place and date
first above mentioned in the presence of following witnesses:
(For and on behalf of Principal/Owner)
(For and on behalf of Bidder/Contractor)
WITNESSES:
1. (signature, name and address)
2. (signature, name and address)
Note: In case of Purchase Orders wherein formal agreements are not signed references to
witnesses may be deleted from the last part of the Agreement.

ANNEXURE-VIII
REQUEST FOR OPENIING UNCONFIRMED LETTER OF CREDIT
This shall be the tentative format of the Letter of Credit
Date:
FIELD ITEM DESCRIPTION

Issued by AUTHENTICATED SWIFT MT700
40A Form of Documentary Irrevocable
Credit
40E Applicable Rules This credit is subject to the Uniform customs and practice for
Documentary Credits (UCP); 2007 revision ICC Publication
No 600 & UCPURR Latest Revision.
45A Description of Goods Supply of ( Item Description) as per Applicant Purchase Order
No. …………… dt. ………….. on FOB Seaport of exit basis
INCOTERMS 2010
44C Latest Date of DD/MM/YYYY

shipment as per Order
31D Expiry date and place DD/MM/YYYY, ……………….
50 Applicant INDIAN OIL CORPORATION LIMITED

…………….. REFINERY
ADRESS:
59 Beneficiary ……(Complete Address )………………….
32B Amount EURO/USD/etc ………. ( being xx % of order value)

39B Maximum Credit Not Exceeding ………………..
Amount
Available ..........................
41A Advising Bank ..........................

42C Drafts At Sight
42 Drawee ……………
43P Partial shipments Not Allowed
43T Trans-shipments Not Allowed
44A Port Of Shipment ……………… Seaport, ……(name of country)……….
45A Port of Discharge …………….. Sea Port ……………, India

46A Documents Required For 100% of LC amount the documents required:
1. Original full set (3/3) + 3 Copies of Signed 'clean on board'

Bill of Lading made out to order of Issuing Bank, notify
Applicant, marked 'freight to pay' (For FOB shipment)
indicating the Letter of Credit No, Date of Issuance and

Purchase Order No.
2. Original signed commercial invoice in 1 original + 3 Copies;
indicating Letter of Credit No , date of Issuance, Purchase
Order No and indicating goods are freely importable and
not covered under the negative list in terms of Para 2.1
chapter 2 read together chapter 7 of the Foreign Trade
Policy 2015-2020 of the Government of India.
3. Original packing list in 1+ 3 Copies.
4. Original certificate of origin in 1 original and 2 copies
certified by chamber of commerce.
5. Copy of Beneficiary's fax/e-mail sent to applicant informing
shipment details
6. Original INSPECTION RELEASE NOTE signed by TPIA.
7. Copy of Letter from Applicant for the acceptance of
Performance bank Guarantee for the 10% Total order value
(foreign supply + Indian supply +site work charges) valid till
Guarantee period + 3 Months. In the absence of the same
10% order value shall be retained up to the Guarantee
period.
8. Dispatch clearance issued by IOCL.
( Strike Out whatever is Not Applicable )
47A Additional conditions BENEFICIARY TO INFORM FOLLOWING SHIPPING
DETAILS TO APPLICANT WITHIN 05 WORKING DAYS
AFTER SHIPMENT BY E-MAIL AND INSURANCE
COMPANY BY E-MAIL
RHQ/Refineries:
Liaison Office:
And Insurance Company by E-Mail - Policy

No……………………… - M/s …………………………. to
(email id) with the following information:
1. Marine Policy (Transit Insurance Policy) no.

2. Bill of lading number and date
3. Vessel name and voyage number
4. Description and quantity of material shipped
5. Value of Goods shipped
6. Letter of Credit Number and Date
7. Purchase Order Number and Date
8. In the event of delay in FOB delivery beyond
(dd/mm/yyyy), the value of this letter of credit shall
stand reduced by 0.5% (one half percent) of the price
of Total Order Value (Foreign Supply + Indian Supply
+Site Work Charges) per week or part thereof subject
to a maximum discount of 5% (five percent) of the
Total FOB Value .The date of Bill Of Lading will be
considered as date of delivery.
71B Charges All banking fees or charges of any kind whatsoever payable
outside India shall be borne by beneficiary

48 Period For Documents must be presented to bank within 14 days after
Presentation the date of bill of lading.
49 Confirmation Unconfirmed. Confirmation if required will be at beneficiary’s
cost
78 Payment Instruction 1. All the documents must be forwarded direct to the
issuing bank by courier service in one lot after receipt
by advising/negotiating bank.
2. Reimbursement instruction: Negotiating Bank will be
provided reimbursement authorization within (7) seven
days after receipt of document at the counters of LC
opening bank if documents are strictly as per LC terms
57A Advise Through Bank

……………………..
Insurance ..By Applicant. ....................

Annexure-IX
Conditions for Reverse Auction
1. Bidders are informed that Reverse Auction will be conducted for finalizing this Tender (if Reverse
Auction is applicable).
2. Qualifying Criteria for Reverse Auction:
a) In case of tenders without preferential bidding:
If there are more than three (3) techno-commercially acceptable bids, bidder having highest
quote (H1 bidder) will be rejected.
b) In case of tenders with preferential bidding and if there are more than three (3) techno-
commercially accepted bidders:
I. H1 bidder will be rejected if he is a non-preferential bidder;

II. In case if H1 bidder is a preferential bidder, H1 bidder will be rejected if his quote is
beyond the defined tolerance limit of L1 price as per his preferential category.
c) In case of more than one H1 bidders (H1 tie), latest bid received (bidder whose bid is received
at the last) out of all H1 bidders will be rejected as per provisions mentioned above.
d) In case of multi-lot auction, itemwise H1 bidder will be disqualified as per the provision
mentioned above.
e) An Intimation by mail/SMS shall be provided to the eligible bidders for Reverse Auction.
3. The lowest price as well as bidder’s latest price shall be available on the Reverse Auction screen
at any point of time during the Auction process. This displayed price is the evaluated price based
on which the lowest bid is determined as per evaluation criteria of BOQ / Tender Terms &
conditions. Accordingly the bidder will put his quote in the Auction window if he wants to offer the
reduced price considering the evaluation criteria as per Price Bid (BoQ) / Tender Terms &
Conditions.
4. Wherever required, the Evaluation factor/criteria shall be informed to the bidder(s) before start of
RA. In other cases the bidder shall calculate his final evaluated price as per BoQ or evaluation
criteria mentioned in the tender document and quote accordingly.
5. The lowest quote after end of Reverse Auction shall be considered for further processing.
6. For the purpose of extending MSME or any other preference /benefit as per guidelines, the latest
quote of respective MSME bidder(s) during the tender-cum-auction process shall be considered.
7. IOCL reserves the right to conduct price negotiation with overall L1 bidder based on price quoted
in BoQ and RA.

NOTE:-
1. Bidders quoting in currency other than INR have to participate in Reverse Auction in INR only.
2. IOCL may ask for price break up from the bidder who has quoted lowest quote after end of
Reverse Auction for further processing.
A. For Offers in currency INR: - Vendor will give the price break up of each line item as per BOQ.
The vendor to note that total landed price of any line item should not increase w r t their
original quoted price in BOQ and total landed price after price breakup should match with the
price obtained from Reverse Auction.
B. For Offer in currency other than INR:- Vendor will give the price break up of each line item as
per BOQ considering same rate of conversion as reflected in IOCL e-tendering portal while
Reverse Auction. The vendor to note that total landed price of any line item should not
increase w r t their original quoted price in BOQ and total landed price after price breakup
should match with the price obtained from Reverse Auction.

Annexure-X
Bank approved transporters are:-
1. M/s ABC India Limited, Baroda

2. M/s ATO India Limited, Baroda
3. M/s Economic Transport Organization, Baroda
4. M/s Gujarat Road Lines, Baroda
5. M/s Associated Road Carriers, Baroda
6. M/s Union Roadways, Baroda
7. M/s Western Arya Transport, Baroda
8. M/s TCI Freight Limited, Baroda
9. M/s V-Trans (I) Limited, Baroda
10. M/s Nitco Roadways (P) Limited, Baroda

Annexure-XI
Information required in lieu of Permanant Account Number(PAN)

[ Under Rule 37BC of Income Tax Rules, 1962 read with section 206AA(7) of Income Tax Act,
1961]
1 Name of the entity/individual
2 e-mail id ( of the entity/individual)
3 Contact Number ( of the entity/individual)
Address in the country or specified territory outside India of which the

4 deductee/payee is a residence
5 Assessee's tax identification number in the country or specified territory

of residence and if there is no such number, then, a unique number on
the basis of which the person is identified by the Government of the
country or the specified territory of which the assessee claims to be a
A certificate of his being resident in any country or specified territory outside

India from the Government of that country or specified territory if the law of
6 that country or specified territory provides for issuance of such certificate
Note : Information at Sl No. 1, 4, 5 is same as required in Form 10F
Information required at Sl. No. 5 is known as Tax Residency Certificate

(TRC)
Signature
Name
Address
Verification
I …………………………….. do hereby declare that to the best of my knowledge and belief what is
stated above is correct, complete and is truly stated
Verified today the ………………………….. day of……………………………
Signature of the person providing the information

Place: ……………………………
Note:-In the case of a body corporate ( including LLP) and partnership Name and address in the
verification part has to be an individual who is signing the statement on behalf of the entity

Annexure-XII
APPLICABLE POLICIES

RESTRICTIONS UNDER RULE 144(XI)
Refer to Office Memorandum F/No./6/18/2019-PPD dtd. 23.07.2020 issued by Ministry of Finance

Department of Expenditure with subject for restrictions under Rule 144(xi) of the General Financial
Rules (GFRs), bidder to submit their declaration in ANNEXURE – DECLARATIONS OF BID
DOCUMENT.xls file. The Office Memorandum may be referred on the website of Ministry of Finance,
Department of Expenditure at https://doe.gov.in/sites/default/files/OM%20dated%2023.07.2020.pdf
Further, Office Memorandum F/No./6/18/2019-PPD dtd. 23.07.2020 is also attached in this Instruction
to Bidder (s) (ITB)

DOMESTICALLY MANUFACTURED IRON & STEEL PRODUCTS
Please refer the “POLICY FOR PROVIDING PREFERENCE TO DOMESTICALLY MANUFACTURED

IRON AND STEEL PRODUCT IN GOVT PROCUREMENT” as published on website of Ministry of
Steel. The policy can also be accessed from the link given below:
https://steel.gov.in/policies/policy-providing-preference-domesticallymanufactured-
iron-and-steel-product-govt

GUIDELINES ISSUED BY MINISTRY OF POWER VIDE ORDER NO. 25-11/6/2018-PG
Bidder to comply; below points as per guidelines issued by ministry of power vide order no. 25-
11/6/2018-pg
1. All equipment, components, and parts imported for use in the Power Supply System and Network
shall be tested in the country to check for any kind of embedded malware/Trojans/cyber threat and
for adherence to Indian Standards.
2. All such testing’s shall be done in certified laboratories that will be designated by the Ministry of
Power (MoP).
3. Any import of equipment/components/parts from "prior reference' countries as specified or by

persons owned by, controlled by, or subject to the jurisdiction or the directions of these "prior
reference" countries will require prior permission of the Government of India.
4. Where the equipment/components/parts are imported from "prior reference" countries, with special
permission, the protocol for testing in certified and designated laboratories shall be approved by the
Ministry of Power (MoP).
Bidder will confirm the compliance of the above four requirement along with the offer. In the event
of Purchase order placed, necessary certificates and documents in support of compliance of above
four requirements shall be submitted by the vendor with the supply along with the other documents
as per Purchase order.

PUBLIC PROCUREMENT POLICY-2012
TENDER CONDITIONS FOR BENEFITS/PREFERENCE FOR MICRO & SMALL ENTERPRISES

(MSEs)
i. 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, MSEs must be registered with any of the following in order to avail the
benefits/preference available vide Public Procurement Policy MSEs Order, 2012.
a) District Industries Centers (DIC)

b) Khadi and Village Industries Commission (KVIC)
c) Khadi and Village Industries Board
d) Coir Board
e) National Small Industries Corporation (NSIC)
f) Directorate of Handicraft and Handloom
g) Udyog Aadhar Memorendum (UAM) of Ministry of MSME
h) Any other body specified by Ministry of MSME
ii. MSEs participating in the tender must submit the certificate of registration with any one of the
above agencies, along with their bid.
iii. The registration certificate issued from any one of the above agencies must be valid as on close
date of the tender. The successful bidder should ensure that the same is valid till the end of the
contract period.
iv. The MSEs who have applied for registration or renewal of registration with any of the above
agencies / bodies, but have not obtained the valid certificate as on close date of the tender, are
not eligible for exemption/preference.
v. The MSEs registered with above mentioned agencies / bodies are exempted from payment of
Tender Fee, if any and Earnest Money Deposit (EMD), if any.
vi. Price Preference – Subject to meeting terms and conditions stated in the tender document
including but not limiting to prequalification criteria, twenty five percent of the total quantity of the
tender is earmarked for MSEs registered with above mentioned agencies/bodies. 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 the L1
price, the supply may be shared proportionately.
vii. Out of the twenty five percent target of annual procurement from micro and small enterprises four
percent shall be earmarked for procurement from micro and small enterprises owned by
Scheduled Caste & Scheduled Tribe entrepreneurs and three percent for Women Entrepreneurs.
In the event of failure of such MSEs to participate in the tender process or meet the tender
requirements and L1 price this four percent and three percent sub-target so earmarked shall be
met from other MSEs.
viii. To qualify for entitlement as SC/ST owned MSE, the SC/ST certificate issued by District Authority
must be submitted by the bidder in addition to certificate of registration with any one of the
agencies mentioned in paragraph (I) above. The bidder shall be responsible to furnish necessary

documentary evidence for enabling IOCL to ascertain that the MSE is owned by SC/ST. MSE
owned by SC/ST is defined as:
a) In case of proprietary MSE, proprietor(s) shall be SC /ST
b) In case of partnership MSE, The SC/ST partners shall be holding at least 51%
shares in the enterprise.
c) In case of Private Limited Companies, at least 51% share shall be held by

SC/ST promoters.
ix. 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 is required to be given in that tender.
x. 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.
xi. Negotiations shall not be conducted with bidder(s) as a matter of routine. However, IOCL
reserves the right to conduct Negotiations with the L1 bidder. In such case the eligible MSE
bidder will have to match the Negotiated L1 price. The price band of L1 price + 15% shall be
based on pre-negotiated L1 price but all other criteria defined above shall be based on
Negotiated L1 price.

PP-LC POLICY-2017
(APPLICABLE ONLY FOR GLOBAL TENDERS)
The Purchase Preference linked with Local Content (PP-LC) is in tune with Make in India campaign of
Govt. of India in Oil and Gas Sector to incentivize the growth in local content in goods and services.
The complete policy is as below:
In line with the policy along with amendments from time to time, the evaluation modality in case of
procurement of goods, services and EPC contracts, as the case may be, in International Competitive
Bidding shall be as under:
1. Definitions –
1.1 Local Content: Local Content hereinafter abbreviated to LC shall be the value of local components
in goods, service and EPC contracts, indicated in percentage.
1.2 Purchase preference: Where the quoted price is within 10% of the lowest price, other things being
equal, purchase preference may be granted to the bidder concerned, at the lowest valid price bid.
1.3 Other definitions as detailed in the policy: http://www.petroleum.nic.in/sites/default/files/pplc.pdf
2. Scope –
2.1 This policy benefit shall exclude goods/services falling under Micro, Small and Medium Enterprises
(MSME) (PPP-2012) or Domestically Manufactured Electronic Products (DMEP), as those
products/services are already covered under specific policy. The bidder shall declare their
preference for seeking benefit under PP-LC or MSME or DMEP.
2.2 In case a bidder opts for purchase preference based on PP-LC, the bidder shall not be entitled to
claim purchase preference benefit available to MSE Bidder(s) as applicable for MSE bidder(s)
under PPP-2012.
However, the exemptions from furnishing Bidding Document fee and Bid security shall continue to be
available to MSE Bidder(s).
a) While evaluating a particular bid, bidder’s option (to avail any one out of two applicable
purchase preference policies, i.e., PP-LC-2017 or PPP-2012) will be considered, for price
matching opportunities and distribution of quantities among bidder(s), the precedence shall be
in the following order:-
i. PPP-2012
ii. PP-LC
For example,
Non divisible item
L1 bidder is non MSE, non PP-LC bidder
L2 bidder is PP-LC (within 10%)
L3 bidder is MSE bidder (within 15%)
MSE bidder shall be given preference to match the L1 price. If bidder matches the L1 price, order shall
be placed on him, otherwise, option for matching the L1 price shall be given to L2 bidder (PP-LC).
Divisible item
L1 bidder is non MSE, non PP-LC bidder
L2 bidder is PP-LC (within 10%)
L3 bidder is MSE bidder (within 15%)

MSE bidder shall be given preference to match the L1 price. If bidder matches the L1 price, order shall
be placed on the MSE bidder for 25% of tendered quantity. For the balance quantity (i.e. 50% of
tendered quantity/value) option for matching the L1 price shall be given to L2 bidder (PP-LC). Balance
quantity shall be awarded to original L1 bidder.
For further clarification, in case an item has quantity 4 nos. then 1 no. shall be given to MSE bidder, 2
to PP-LC bidder and left out 01 no. to original L1 bidder.
b) In case L1 bidder is a MSE bidder, the entire work shall be awarded to him without resorting to
PP-LC bidder(s).
c) In case L1 bidder is a PP-LC bidder, purchase preference shall be resorted to MSE bidder as
per PPP 2012 only.
3. Purchase Preference – Linked with Local Content (LC)
3.1 Wherever the goods/services are procured under this policy, eligible (techno-commercially
qualified) LC manufacturers / LC service providers shall be granted a purchase preference of 10%
i.e. where the quoted price is within 10% of the lowest price, other things being equal, purchase
preference shall be granted to the eligible (techno-commercially qualified) LC manufacturers /
service providers concerned, at the lowest valid price bid.
3.2 Goods: 50% of the procured quantity would be awarded to the lowest techno-commercially
qualified LC manufacturer/supplier, subject to matching with L1, if such bidder(s) are available. The
remaining will be awarded to L1 (i.e. Non Local Content (NLC) manufacturer/supplier not meeting
prescribed LC criteria).
However, if L1 bidder happens to be a LC manufacturer, the entire procurement value shall be
awarded to such bidder
3.3 Services/EPC Contracts: The entire contract would be awarded to the lowest techno-
commercially qualified LC service provider, subject to matching with L1, if such bidder(s) are within
10% of the L1 bid and L1 bidder is not a LC service provider.
4. Determination of LC –
4.1 LC of goods
4.1.1 LC of goods shall be computed on the basis of the cost of domestic components in goods,
compared to the whole cost of product. The whole cost of product shall be constituted of the
cost spent for the production of goods, covering: direct component (material) cost direct
manpower cost, factory overhead cost and shall exclude profit, company overhead cost and
taxes for the delivery of goods.
4.1.2 The criteria for determination of the local content cost in the goods shall be as follows:
a) In the case of direct component (materiel), based on country of origin;

b) In the case of manpower, based on INR component; and
c) In the case of working facility, based on the country of origin.
4.1.3 The calculation of LC of the combination of several kinds of goods shall be based on the ratio of
the sum of the multiplication of LC of each of the goods with the acquisition price of each goods
to the acquisition price of the combination of goods.
4.2 LC of service
4.2.1 LC of Service shall be calculated on the basis of the ratio of service cost of domestic
component in service to the total cost of service.

4.2.2 The total cost of service shall be constituted of the cost spent for rendering of service, covering:
a) Cost of component (materials) which is used.

b) Manpower and consultant cost; cost of working equipment/facility; and
c) General Service cost, excluding profit, company overhead cost, taxes and duties.
4.2.3 The criteria for determination of cost of local content in the service shall be as follows:
a) In the case of material being used to help the provision of service, based on country of origin;
b) In the case of manpower and consultant based on INR component of the services contract;
c) In the case of working equipment/facility, based on country of origin; and
d) In the case of general service cost, based on the criteria as mentioned in clauses a, b and c
above.
4.3 LC of the EPC Contracts:
4.3.1 LC of EPC contracts shall be the ratio of the whole cost of domestic components in the
combination of goods and services to the whole combined cost of goods and services.
4.3.2 The whole combined cost of goods and services shall be the cost spent to produce the
combination of goods and services, which is incurred on work site. LC of the combination of
goods and services shall be counted in every activity of the combination work of goods and
services
4.4 Target of Local Content
Items 2017-18 2018-20 2020-22

Service Contracts 20% 22% 25%
Supply Contracts 20% 22% 25%
EPC Contracts (Others) 30% 35% 40%
The prescribed local content shall be applicable on the date of Notice Inviting tender.
Format for calculation of Local Content is given in ANNEXURE-1
5. Certification and Verification-
Manufactures of goods and/or providers of services, seeking Purchase Preference under the policy,
shall be obliged to verify the LC of goods/ service / EPC contracts with the provision as follows.
5.1 At Bidding Stage (All Documents in requirement to compliance of eligibility under this
Policy to be submitted in Unpriced Bid Only. No such documents are to be submitted in
Priced Bid ):
The bidder claiming the PP-LC benefit shall be required to furnish an undertaking on bidder’s
letterhead confirming their meeting the Local Content and this undertaking shall be certified as under:
 Where the total quoted value is less than INR 10 Crore (100 million)-The LC content shall be
self- assessed and certified by the authorized signatory of the bidder, signing the bid
 Where the total quoted value is INR 10 Crore (100 million) or above.
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. Details in (b) below.
The onus of submission of appropriately certified documents lies with the bidder and the purchaser
shall not have any liability to verify the contents and will not be responsible for the same.
However, in case the procuring company has any reason to doubt the authenticity of the Local Content,
it reserves the right to obtain the complete back up calculations before award of work failing which the
bid shall be rejected.
 The bidder shall provide only percentage of the local content in declaration form
Annexure-X.
 Bidder must have LC in excess of the requirement specified under clause 4.4
a) Undertaking by the bidder:
 The bidder shall submit an undertaking from the authorised signatory of bidder having the
Power of Attorney along with the bid stating the bidder meets the mandatory minimum LC
requirement and such undertaking shall become part of the contract.
b) Statutory Auditor’s Certificate:

 In cases of procurement for a value in excess of Rs. 10 Crores, the Undertaking submitted by
the bidder shall be supported by a certificate from the statutory auditor or cost auditor of the
company ( in case of companies ) or from a practising cost accountant or practising chartered
accountant ( in respect of other than companies) giving the percentage of local content.
 However, in case of foreign bidder, certificate from the statutory auditor or cost auditor of their
own office or subsidiary in India giving the percentage of local content is also acceptable. In
case office or subsidiary does not exist or Indian office/subsidiary is not required to appoint
statutory auditor or cost auditor, certificate from practising cost accountant or practicing
chartered accountant giving the percentage of local content is also acceptable.
5.2 After Contract Award
a) In the case of procurement of goods and/or services and/or EPC Contracts ( others ) with the order
value less than Rs. 10 Crore, the LC Content may be calculated ( self-assessment) by the supplier of
goods and/or the provider of services and signed by authorised signatory of bidder having the Power of
Attorney.
b) The verification of the procurement of goods, services or EPC Contracts in cases of procurement for
a value in excess of Rs. 10 Crores, the Undertaking submitted by the supplier/contractor shall be
supported by 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
other than companies ) giving the percentage of local content.
However, in case of foreign bidder, certificate from the statutory auditor or cost auditor of their own
office or subsidiary in India giving the percentage of local content is also acceptable. In case office or
subsidiary does not exist or Indian office/subsidiary is not required to appoint statutory auditor or cost
auditor, certificate from practising cost accountant or practicing chartered accountant giving the
percentage of local content is also acceptable.

5.3 However, procuring company shall also have the authority to audit as well as witness production
processes to certify the achievement of the requisite local content and/or to obtain the complete
back up calculation before award of work failing which the bid shall be rejected and appropriate
action may be initiated against the bidder.
5.4 The Local Content certificate shall be submitted along with each invoice raised. However, the % of
local content may vary with each invoice while maintaining the overall % of local content for the
total work/purchase of the pro-rata local content requirement. In case, it is not satisfied cumulatively
in the invoices raised up to that stage, the supplier shall indicate how the local content requirement
would be met in the subsequent stages.
5.5 As regards cases where currency quoted by the bidder is other than Indian Rupee, exchange rate
prevailing on the date of notice inviting tender (NIT) shall be considered for the calculation of Local
Content.
6. Sanctions-
6.1 The Procuring companies shall impose sanction on manufacturers/service providers not fulfilling LC
of goods/services in accordance with the value mentioned in certificate of LC.
6.2 During execution, it shall be the responsibility of the supplier/contractor to ensure fulfillment of the
minimum local content specified in the bidding document failing which following actions shall be
taken by the procuring agency:
a. Pre-determined penalty @10% of total contract value for non-adherence to minimum local content.
b. Banning business with the supplier/contractor for a period of one year.
6.3 In case seller/contractor desires to change the origin of sourcing of material/services, the same
may be allowed with the understanding that in case this results in non-compliance to minimum local
content, the penal action as above shall be applicable.
6.4 The financial penalty shall be over and above the PBG value prescribed in the contract and shall
not be more than an amount equal to 10% of the Contract Price.
Any bidder claiming for Purchase Preference Local Content must submit following:-
A. Duly filled Declaration form and percentage of local content in (Annexure-X) along with
undertaking on the company letter head (Annexure-Y/Z), as given below, in the un-priced Bid.

FORMAT FOR CALCULATION OF LOCAL CONTENT BY THE BIDDER
1. Calculation of Local Content for Goods
Manufacturer Calculation by Manufacturer

Cost per one unit of product
Cost Cost Cost Cost Total %Domestic
Component (Domestic (Imported c= a+b Component
Component) Component) INR or d= a/c
a b USD
i)Direct Material
Cost
ii)Direct labour
Cost
iii)Factory
overhead
iv)Total
production cost
Note: % LC Goods= [(Total cost (iv c) - Total imported component cost (iv b)) x100 ]/Total Cost (iv c)
% LC Goods= [(Total domestic component cost (iv a)) x100 ]/Total Cost (iv c)
2. Calculation of Local Content – Service
NAME OF PROVIDER OF SERVICE
Cost summary
A Cost Domestic Imported Total LC LC

Component INR or % INR or
USD USD
i Material INR or b c d e=b/d F=dx e
used cost USD
ii Personnel INR or
& USD
consultant
cost
iii Other INR or
service USD
cost
iv Total cost INR or
(I to iii) USD
B Taxes & INR or
Duties USD
C Total INR or
quoted USD
price
Note: % LC Service= [(Total Cost (A iv d)- Total imported component cost (A iv C)) x100]/Total Cost (A
iv d)
% LC Service= [(Total Domestic Component cost (A iv b) x100 ]/Total Cost (A iv d)
3. CALCULATION OF LOCAL CONTENT –EPC (GOODS & SERVICE)

A Cost Cost Summary
component
(Rs / US $)
Domestic Imported Total Local Local
(INR or Component component
USD) % (INR or
USD)
b c d e=b/d f= dx e
I GOODS
1 Material
Used
2 Equipment
3 Sub Total I
II SERVICES
1 Personnel &
consultant
cost
2 Equipment
and work
facility cost
3 Construction
/ Fabrication
cost
4 Other
services
cost etc.
5 Sub Total II
III TOTAL
COST
GOODS +
SERVICES
B Non cost
Component
C TOTAL
QUOTED
PRICE
% LC combination= [Total domestic component of goods (A I 3.b) + Total Domestic Component Cost of
service) x 100 ]/Total cost (A III.d)

Annexure-X
Declaration Form for availing Purchase Preference
Bidder to mention percentage of local content in the below table
Percentage of local content for Goods ------------------%
Percentage of local content for Service ------------------%
Percentage of local content for EPC (Goods and Service) ------------------%
Bidder to
Sr. mention
Parameter Declaration
no. only
Yes / NO
1 We confirm that our offer is achieving the minimum local content Yes / No
target as per clause no. 4.4 of PP-LC Policy (enclosed elsewhere in
the bidding document) and the requisite Undertaking along with
supporting certificate (if required) is submitted in Unpriced Bid
2 Whether bidder is an MSE bidder? Yes/ No
If yes- Necessary documents to be attached along with unpriced

part of the bid.
3 Whether bidder wants to avail purchase preference under Public Yes/ No ---
Procurement Policy-2012? (PPP-2012)
4 Whether bidder wants to avail Purchase Preference Linked with Yes/ No
Local Content-2017? (PP-LC 2017)
If yes-
i) In case a bidder opts for Purchase preference based on PP-LC,
the bidder shall not be entitled to claim purchase benefit available to
MSE Bidder(s) as applicable to MSE bidder under PPP-2012.
ii) Bidder shall comply the requirement of PP-LC Policy
Note:
a) While evaluating the bids, for price matching opportunities and distribution of quantities among
bidder(s), the order of precedence shall be as under: 1. MSE bidder (PPP-2012) 2. PP-LC complied
bidder (PP-LC)
b) The bidder claiming the PP-LC benefit shall be required to furnish an undertaking on bidder’s
letterhead confirming his meeting the Local Content and this undertaking shall be certified as under:
The LC content shall be self-assessed and certified by the authorized signatory of the bidder, signing
the bid along with Statutory Auditor’s Certificate (if required) as stated in Clause 5.1 of the said Policy
in this Tender Document.
Bidder’s signature: __________________________________ (With Seal/ Stamp)

Annexure-Y
UNDERTAKING (to be submitted on Company’s Letterhead)
(Where the total quoted value is less than INR 10 Crore)
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 Purchase Preference (Linked With Local
Content) 2017 (PP-LC) Policy, enclosed in the above bidding document.
4. We hereby confirm that our offer is achieving the minimum local content target of 22% (Year 2018-
20) as per of PP-LC Policy.
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.

Annexure-Z
UNDERTAKING (to be submitted on Company’s Letterhead)
(Where the total quoted value is INR 10 Crore or above)
Certification by the bidder

1. I am the ______________________<<Designation of the authorized signatory>>of
of_____________.
document no___________ dated ______ for ________ item / works for ________ Project / Refinery of
IOCL.
3. That the Company is fully aware of the provisions of Purchase Preference (Linked With Local
Content) 2017 (PP-LC) Policy, enclosed in the above bidding document.
4. We hereby confirm that our offer is achieving the minimum local content target as per of PP-LC
Policy and the break-up of the same is provided in the Priced bid.
wrong declaration.

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
______________________________.
OR
_____________________________ 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 Purchase Preference (Linked With Local Content) 2017 (PP-LC)
Policy, enclosed in the above bidding document.
We hereby certify that offer is achieving the minimum local content target of 22% (2018-20) as per of
PP-LC Policy.
(Statutory auditor / Chartered Accountant of the bidder)
Note: This undertaking shall be certified by:
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 Clause 5.1 of the said Policy in this Tender
Document.)

POLICY ON STARTUP’S AND MSE’S
OPPORTUNITY TO STARTUP'S AND MICRO & SMALL ENTERPRISES (MSE'S)-
In case a Startup (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 Startup / 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 Startup,
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
Startup / MSE with the intent to place a trial or test order provided the Startup / MSE meets the quality
and Technical Specification.
In case the Startup / 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 Startup /
MSE.

POLICY ON DOMESTICALLY MANUFACTURED ELECTRONIC PRODUCTS (DMEP)
DOMESTICALLY MANUFACTURED ELECTRONIC PRODUCTS (DMEP) NOTIFIED BY GOVT. OF

INDIA ARE ELIGIBLE FOR PREFERENCE IN PROCUREMENT AS PER PREVAILING DIRECTIVES
OF GOVERNMENT OF INDIA
Public Procurement policy (Local content) Electronic Products:

Domestically manufactured electronic products (DMEP) notified by Govt. of India Ministry of
Electronics and Information Technology, are eligible for preference in procurement as per
Notification No. 33(1)/2017-IPHW dated 14.09.2017
The electronics products and percentage of preference to local supplier based on value
addition in India (i.e., Local Content) notified by MeitY vide F. No.- 33(1)/2017-IPHW dated
14.09.2017. Following Electronic Products are notified under the Public Procurement
(Preference to Make in India) Order 2017:
i. Desktop Personal Computers (PCs)

ii. Laptop Personal Computers (PCs)
iii. Tablet Personal Computers (PCs)
iv. Dot Matrix Printers
v. Smart Cards
vi. LED Products
vii. Biometric Access Control/Authentication Devices
viii. Biometric Finger Print Sensors
ix. Biometric Iris Sensors
x. Servers
1. A supplier whose product meets the minimum local content criteria as prescribed by
MeitY vide above notification dated 14.09.2017 is defined as Local Supplier in terms of
Public Procurement (Preference to Make in India) order 2017 dated 15.06.2017.
2. The percentage domestic value addition in terms of Bills of Material (BOM) required for
each of the above notified products shall be as per the Notification No. 33(1)/2017-IPHW
dated 14.09.2017 (Attached).
3. The purchase preference of 50% under this policy shall be available to a local supplier
whose quoted price may be above the lowest quotation (L1 bidder) up to the maximum
limit of 20% subject to matching the L1 price.
4. The local supplier at the time of bidding shall provide self-certification that the item
offered meets the minimum local content and shall give details of the location(s) at
which the local value addition is made.
5. In cases of procurement for a value in excess of Rs. 10 crores, the local supplier shall
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 the
local content.
6. In case of turnkey/system integration projects, preference to Domestically

Manufactured Electronic products (DMEP) shall be applicable only on the value of
notified DMEPs forming part of the turnkey/system integration projects and not on the

value of whole project.
7. The criteria for classification as domestic BOM, procedure for calculating local
content/domestic value addition, verification of local content/domestic value addition
etc. shall be as per Notification No. 33(1)/2017-IPHW dated 14.09.2017 of Ministry of
Electronics and Information Technology.
8. The order of precedence for preference in case of divisible and non-divisible

procurement shall be as under:
For Purchase preference, Public Procurement Policy 2012 (PPP-2012 for MSEs) benefits shall
receive precedence over DMEP-2017 benefits as is being followed in case of application of PPLC
policy. The bidder shall declare their preference for seeking Purchase Preference benefit as MSE
under PPP-2012 or as Local Supplier under DMEP-2017.
Abbreviation:
1) MSE- Micro and Small Enterprises
2) DM- Local Supplier
3) GN- Bidder(s) not falling in either category 1 or 2 above.
Here DM, MSE are those who are eligible for Purchase Preference as per the above
mentioned policies.
a) Where quantity can be split
Sr. Condition Ordering Remarks

No. Recommended
1 When MSE is L1 100% to MSE Nil

2 When DM is L1 25% to MSE  If multiple MSE meet the condition, the
and MSE is within 75% to DM preferential quantity shall be distributed
15% of L1 proportionately amongst them.
 If all eligible MSEs fails to match L1 rate,
100% quantity shall be awarded to L-1
DM.
3(a When GN is L1 50% to DM  If the lowest priced DM fails to match L1
) and DM is within 50% to GN rate or accepts less than the offered qty.,
20% of L1, a n d next DM shall be offered to match L1
no MSE rate for the remaining qty. and so on. In
participated or case qty. is still left uncovered on local
MSE quoted more suppliers, then such balance qty. shall be
than 15% of L1 awarded to L-1 GN.

3(b When GN is L1 and 25% to MSE  If multiple MSE meet the condition, the
) MSE is within 15% 37.5% to DM (i.e. preferential quantity shall be
and DM is within 50% of proportionately distributed amongst them.
20% of L1 remaining 75%)  If all MSE fails to match L-1 rate, the
37.5% to GN quantity shall be awarded in the ratio of
50:50 to L1 GN and DM.
 If the lowest priced DM fails to match L-1
rate or accepts less than the offered qty.,
next DM shall be offered to match L1 rate
for the remaining qty. and so on. In case
qty. is still left uncovered on local
suppliers, then such balance qty. shall be
awarded to L-1 GN.
Notes:
 All splits & purchase preference will be subject to matching L1 rates.
 In case more than one DM (within 20% of L1) quote the same rate, the preferential quantity shall be
shared proportionately (to tendered quantity).
 Qty. during splitting shall be rounded to next higher whole number in order of preference.
b) Where quantity cannot be split
Sr. Condition Ordering Remarks

No. Recommended
1 When MSE is L1 100% to MSE Nil
2 When DM is L1 100% to MSE If all eligible MSEs fail to match L1 rate,
and MSE is within 100% quantity shall be awarded to L1 DM.
15% of L1
3a When GN is L1 100% to D M If the lowest priced DM, fails to match L-1
and DM is within rate, next DM shall be offered to match L1
20% of L1 and no rate and so on. In case all DM fail to match
MSE participated L-1 rate then 100% qty. shall be awarded to
or MSE quoted L-1 GN.
more than 15% of
3b L1.
When GN is L1 100% to MSE If all such MSEs fail to match the L1 rate
and MSE is within then 100% shall be offered to DM. If all such
15% and DM is DM fail to match L-1 rate then 100% qty.
within 20% of L1 shall be awarded to L-1 GN.
 All Purchase Preference shall be subject to matching L1 rates.
Any bidder claiming for Purchase Preference under Domestically manufactured electronic
products (DMEP) must submit following:-
Duly filled Declaration form and percentage of local content or domestic value addition in Annexure–P
along with certificate on the company letter head (Annexure-Q/R), as given below, in the un-priced Bid.

Annexure-P
Declaration Form for availing Purchase Preference under Domestically manufactured electronic
products (DMEP)
Bidder to mention percentage of local content or domestic value addition in the below
table
Percentage (%) of local content or domestic value
addition in terms of Bill of Material (BOM) of tendered
item
------------------%
Note:-
Declare on Item wise / Overall basis as per evaluation
philosophy of the tender.
Detail of the location (s) at which the local value addition

is made
Bidder to
Sr. mention
Parameter Declaration
no. only
Yes / NO
1 We confirm that our offer is achieving the minimum local Yes / No
content or domestic value addition in terms of Bill of
Material (BOM) as per Notification No. 33(1)/2017-IPHW
dated 14.09.2017 (enclosed elsewhere in the bidding
document) and the requisite Self Certificate / 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) as the case may be is
submitted in Unpriced Bid
2 Whether bidder is an MSE bidder Yes/ No
If yes- Necessary documents to be attached along with

unpriced part of the bid.
3 Whether bidder wants to avail purchase preference under Yes/ No ---
Public Procurement Policy-2012 (PPP-2012)
4 Whether bidder wants to avail Purchase Preference under Yes/ No
Domestically manufactured electronic products (DMEP)
If yes-
i) In case a bidder opts for Purchase Preference under
Domestically manufactured electronic products (DMEP),
the bidder shall not be entitled to claim purchase benefit
available to MSE Bidder(s) as applicable to MSE bidder
under PPP-2012.
ii) Bidder shall comply the requirement of domestically
manufactured electronic products (DMEP) policy.
Bidder’s signature: __________________________________ (With Seal/ Stamp)

Annexure-Q
Self-Certificate (to be submitted on Company’s Letterhead)
(Where the total quoted value is less than INR 10 Crore)

1. That I am the ______________________<<Designation of the authorized signatory>>of
of_____________.
document no___________ dated ______ for ________ item / works for ________ .............
Project/Refinery of IOCL.
3. That the Company is fully aware of the provisions of Purchase Preference under Domestically
manufactured electronic products (DMEP) Policy, enclosed in the Tender document.
4. We hereby confirm that our offer is achieving the minimum percentage of local content or domestic
value addition ___________% as per domestically manufactured electronic products (DMEP) Policy.
5. Detail of the location (s) at which the local value addition is made is as below:-
_____________
_____________
_____________
wrong declaration.

Note: This undertaking shall be certified by the authorized signatory of the bidder, signing the bid.

Annexure-R
Certificate (to be submitted on Company’s Letterhead)
(Where the total quoted value is INR 10 Crore or above)
Certification by the bidder

1. I am the ______________________<<Designation of the authorized signatory>>of
of_____________.
document no___________ dated ______ for ________ item / works for ________ Project / Refinery of
IOCL.
3. That the Company is fully aware of the provisions of Purchase Preference under Domestically
manufactured electronic products (DMEP) Policy, enclosed in the Tender document.
4. We hereby confirm that our offer is achieving the minimum percentage of local content or domestic
value addition ___________% as per domestically manufactured electronic products (DMEP) Policy.
5. Detail of the location (s) at which the local value addition is made is as below:-
_____________
_____________
_____________
wrong declaration.
Certification by 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) of the bidder

_____________________________ and certificate number ________________ certify that we are
statutory auditor of the Company M/s ____________________________, having its registered office at
______________________________.
OR
_____________________________ 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 Purchase Preference under Domestically manufactured

electronic products (DMEP) Policy, enclosed in the Tender Document.
We hereby certify that offer is achieving the Percentage (%) of local content or domestic value addition
in terms of Bill of Material (BOM) of tendered item as per Purchase Preference under Domestically
manufactured electronic products (DMEP) Policy as mentioned above.
(Statutory auditor / Chartered Accountant of the bidder)

F.No.33(1)/2017-IPHW
Government of India
Ministry of Electronics and Information Technology
Electronics Niketan, New Delhi

Dated: 14th September, 2017
NOTIFICATION
Subject: Public Procurement (Preference to Make in India) Order 2017- Notifying

Electronic Products in furtherance of the Order
Reference: Department of Industrial Policy & Promotion (DIPP) Notification

No.P-45021/2/2017-B.E.-II dated 15.06.2017
The Government has issued Public Procurement (Preference to Make in India) Order
2017 vide the Department of Industrial Policy and Promotion (DIPP) Notification
No.P-45021/2/2017-B.E.-
manufacturing and production of goods and services in India with a view to enhancing
income and employment.
2. In furtherance of the Public Procurement (Preference to Make in India) Order 2017

notified vide reference cited above, and in supersession of the policy for providing preference
to domestically manufactured electronic products in Government procurement notified vide
Notification No.33(3)/2013-IPHW dated 23.12.2013 and the Electronic Product Notifications
issued thereunder, the Ministry of Electronics and Information Technology (MeitY) hereby
notifies that preference shall be provided by all procuring entities to domestically
manufactured Electronic Products as per the aforesaid Order.
3. Following Electronic Products are notified under the Public Procurement (Preference
to Make in India) Order 2017:
3.1 Desktop Personal Computers (PCs)
(A) Definition:
For the purpose of this Notification, a Desktop PC shall necessarily consist of a CPU,
Memory, Hard disk drive, Keyboard, Mouse and a separate or integrated display unit and
should be able to operate independently.
Page 1 of 22
(B)
Percentage of procurement for which Percentage local content or domestic

preference to domestically manufactured value addition in terms of Bill of Material
Desktop PCs is to be provided (in value (BOM) required for the Desktop PCs to
terms) qualify as domestically manufactured
50% 45%
(C) Criteria for BOM to be classified as domestic:
The domestic BOM of Desktop PC would be the sum of the cost of main inputs as specified
in Column 1 of the following table, provided the inputs individually satisfy the value addition
requirement specified in Column 2 of the table:
Main inputs in BOM/stages for Value addition required for the input to
manufacture of Desktop PC be classified as domestic BOM
1 2
Processor Domestic ATMP /fabrication or both
Memory Domestic assembly of imported memory

chips on imported / indigenously
manufactured bare PCB/ Domestic ATMP/
fabrication/ or combination
Hard Disk Drive Domestic assembly and testing from

imported / indigenously manufactured parts
and components
LCD Monitor Domestic assembly from imported LCD

Panel wherein plastic moulding and
stamping of metal parts is done
domestically and testing / domestic
fabrication of LCD Panel or both
DVD Drive Domestic assembly and testing from

and components
Cabinet + SMPS Domestically manufactured Cabinet and

domestic assembly and testing of SMPS
from imported / indigenously manufactured
parts and components subject to the
condition that value of domestically
manufactured parts and components used in
Page 2 of 22
manufacture of Desktop PC be classified as domestic BOM
imum
20% (of the total value of parts and
components used in the manufacture of
Keyboard/Mouse Domestic assembly and testing from

and components
Motherboard Domestic assembly and testing from

and components except value of bare PCB
Bare PCB Domestically manufactured from imported/

indigenously manufactured inputs
(i) Final Assembly/Testing and (i) Domestically assembled/tested and
(ii) Design/ Development (ii) Intellectual Property (IP) resident in

India for any of the above items. The
value of IP resident in India for any of
the above items shall be reduced from
its value in domestic BOM
3.2 Laptop Personal Computers (PCs)
(A) Definition:
For the purpose of this Notification, a Laptop PC (commonly known in the market as Laptop/
Notebook/ Netbook/ Ultrabook, etc.) shall necessarily consist of a CPU, Memory, Hard disk
drive, Keyboard, Touchpad and / or Trackpoint, an integrated display unit, integrated battery
and should be able to operate independently.
(B)
Percentage of procurement for which Percentage domestic value addition in

preference to domestically manufactured terms of Bill of Material (BOM) required
Laptop PCs is to be provided (in value for the Laptop PCs to qualify as
terms) domestically manufactured
50% 40%
Page 3 of 22
The domestic BOM of Laptop PC would be the sum of the cost of main inputs as specified in
Column 1 of the following table, provided the inputs individually satisfy the value addition
manufacture of Laptop PC be classified as domestic BOM
1 2
Hard Disk Drive Domestic assembly and testing from

and components
Display Panel (LCD, LED, etc.) + Back Domestic assembly and testing from
cover + Bezel imported/ indigenously manufactured
Display Panel, Back cover and Bezel or
combination subject to the condition that
(i) back cover shall be domestically

manufactured and
(ii) backlight assembly and testing of

Display Panel shall be done domestically.
DVD Drive Domestic assembly and testing from

and components
Cabinet + Motherboard + Power Module Domestic assembly and testing from

imported / indigenously manufactured
Cabinet, Motherboard, Power Module or
combination except value of bare PCB and
Semiconductor BOM (i.e. the
Semiconductor Chips and Modules on
Motherboard) subject to the conditions that:
(i) value of domestically manufactured

parts and components used in the assembly
minimum 20% (of the total value of parts

and components used in the manufacture of
and
(ii) Cabinet shall be domestically

manufactured
Semiconductors The value of only those Semiconductor

(i.e. the Semiconductor Chips and Modules Chips and Modules (including Processor
Page 4 of 22
manufacture of Laptop PC be classified as domestic BOM
on Motherboard) and Memory) of the Motherboard less the

value of their indigenous design (for which
IP is resident in India), on which ATMP
operations are carried out domestically, will
be taken as domestic BOM*

Power Adapter Domestic assembly and testing from

and components subject to the condition
that the value of domestically manufactured
40%
(of the total value of parts and components
Keyboard/Touchpad and/or Trackpoint Domestic assembly and testing from

imported/ indigenously manufactured parts
and components
Battery Domestic assembly and testing from

and components
(i) Final Assembly/Testing and (i) Domestically assembled/ tested and

value of IP resident in India for any
of the above items shall be reduced
from its value in domestic BOM
* This shall be reviewed when the Semiconductor FAB in India is operational
3.3 Tablet Personal Computers (PCs)
(A) Definition:
For the purpose of this Notification, a Tablet PC shall necessarily consist of an Integrated
Motherboard with on board CPU/Processor, Memory and Power Module; Display Panel
(Touch Panel + LCD/LED Module) and integrated battery and should be able to operate
independently.
Page 5 of 22
(B)

Tablet PCs is to be provided (in value for the Tablet PCs to qualify as
50% 45%
The domestic BOM of Tablet PC would be the sum of the cost of main inputs as specified in
manufacture of Tablet PC be classified as domestic BOM
1 2
Display Panel (Touch Panel + LCD/LED Domestic assembly and testing from
Module) imported / indigenously manufactured
Touch Panel, LCD/LED Module or
combination subject to the condition that
backlight assembly and testing of Display
Panel shall be done domestically
Integrated Motherboard with on board Domestic assembly and testing from

CPU/Processor, Memory and Power imported / indigenously manufactured parts
Module and components except value of bare PCB
and Semiconductor BOM (i.e. the
Semiconductor Chips and Modules on
Integrated Motherboard) subject to the
condition that the value of domestically
Integrated
will be minimum 20% (of the total value of
parts and components used in the
Integrated

on Integrated Motherboard) and Memory) of the Integrated Motherboard
less the value of their indigenous design
(for which IP is resident in India), on which
ATMP operations are carried out
Page 6 of 22
domestically, will be taken as domestic
BOM*

Power Adapter Domestic assembly and testing from

that the value of domestically manufactured
40%
(of the total value of parts and components
Casing Domestically manufactured Casing
Battery Domestic assembly and testing from

and components
Accessories (Camera, Speaker, WiFi Domestic assembly and testing from

Antenna, etc.) imported/ indigenously manufactured parts
and components

3.4 Dot Matrix Printers
(A) Definition:
A Dot Matrix Printer is a type of impact printer that forms dot on paper by a metal pin of
diameter 0.2 mm to 0.3 mm which is driven by electromagnet based on solenoid principle
and required character matrix is produced by horizontal and vertical resolution of dot matrix
printhead. Dot matrix Printer can create carbon copies and carbonless copies based on
mechanical pressure of pin.
Page 7 of 22
(B)

Dot Matrix Printers is to be provided (in for the Dot Matrix Printers to qualify as
value terms) domestically manufactured
50% 55%
II(C) Criteria for BOM to be classified as domestic:
The domestic BOM of Dot Matrix Printer would be the sum of the cost of main inputs
specified in Column 1 of the following table, provided the inputs individually satisfy the
value addition requirement specified in Column 2 of the table:
Main inputs in BOM/ stages for Value addition required for the input to
manufacture of Dot Matrix Printer be classified as domestic BOM
1 2
Main PCB Domestic assembly and testing from

that value of domestically manufactured
15% (of
the total value of parts and components used
except
value of bare PCB

SMPS Domestic assembly and testing from

that value of domestically manufactured
20% (of the
total value of parts and components used in
Carriage Motors & Paper Feed Motors Imported as sub assembly and tested
domestically alongwith main Printer
Mechanism
Page 8 of 22
Main inputs in BOM/ stages for Value addition required for the input to
manufacture of Dot Matrix Printer be classified as domestic BOM
Front Control Panel Domestic assembly and testing from

and components
Home Position/Paper End Sensors Domestic assembly and testing from

and components
Main Printer Cabinet and other small plastic Domestic moulding of Printer Cabinet and
components other parts
Printer Mechanism Assembly Domestic assembly using indigenously

manufactured Rubber Platens, small rubber
parts, sheet metal components, plastic gears
and other plastic parts with turned steel
shafts and above mentioned sensors and
Motors
Print Heads and Interconnecting Cables Domestic assembly and testing from
and components

3.5 Smart Cards
(A) Definition:
For the purpose of this Notification, Smart Card is usually a Credit Card sized plastic Card
with an Integrated Circuit (IC) contained inside. The IC contains a microprocessor and
memory. Smart Cards can be contact, contactless or dual interface (both contact and
contactless). Some of the applications of Smart Card are Identity Card, Banking Card, Health
Card, Vehicle Registration Card etc.
Page 9 of 22
I(B) Contact Smart Cards

Contact Smart Cards is to be provided for Contact Smart Cards to qualify as
(in value terms) domestically manufactured
50% 65%
I(C) Criteria for BOM to be classified as domestic for Contact Smart Cards
The domestic BOM of Contact Smart Card would be the sum of the cost of main inputs as
manufacture of Contact Smart Card be classified as domestic BOM
1 2
Plastic Card Body Domestic manufacturing including sheet
cutting & punching, printing, lamination and
testing using imported/ indigenously
manufactured raw material, parts and
components
IC Chip Module Domestic assembly, packaging and testing

of IC Chip Module using imported /
indigenously manufactured raw material,
parts and components *
Milling and Embedding of IC Chip Milling and Embedding of IC Chip Module

Module on Plastic Card on Plastic Card done domestically
(iii) Final Assembly and Testing (i) Domestically assembled/tested and
(iv) Design/ Development (ii) Intellectual Property (IP) resident in

India for any of the above items,
including fusion of domestically
developed Operating System. The value
of IP resident in India for any of the
above items shall be reduced from its
value in domestic BOM
Page 10 of 22
II(B) Contactless Smart Cards (includes dual interface cards)

Contactless Smart Cards is to be for Contactless Smart Cards to qualify as
provided (in value terms) domestically manufactured
50% 70%
II(C) Criteria for BOM to be classified as domestic for Contactless Smart Cards
The domestic BOM of Contactless Smart Card would be the sum of the cost of main inputs as
manufacture of Contactless Smart Card be classified as domestic BOM
1 2
Plastic Card Body Domestic manufacturing including sheet
cutting & punching, printing, lamination
and testing using imported/ indigenously
manufactured raw material, parts and
components
Card inlay (Antenna) Domestic assembly and testing from

imported / indigenously manufactured raw
material, parts and components
IC Chip Module Domestic assembly, packaging and testing

of IC Chip Module using imported /
indigenously manufactured raw material,
parts and components *
Milling and Embedding of IC Chip Module Milling and Embedding of IC Chip

on Plastic Card Module on Plastic Card done domestically
(i) Final Assembly and Testing (i) Domestically assembled/tested and

India for any of the above items,
including fusion of domestically
developed Operating System. The
Page 11 of 22
manufacture of Contactless Smart Card be classified as domestic BOM
3.6 LED Products
(A) Definition:
For the purpose of this Notification, LED products are those whose function is to utilize light
produced by LEDs and spanning applications in the areas of: (i) Illumination, (ii) Optical
Displays including True LED TVs, (iii) Backlighting, (iv) Signalling & Indication and (v)
Transportation.
(B)

LED Products is to be provided (in value for the LED Products to qualify as
50% 65%
The domestic BOM of LED Products would be the sum of the cost of main inputs as
value addition requirement specified in Column 2 of the table. However, the weightage of
total cost of (d) Heat Sink or Thermal Management Solutions, (e) Secondary Optics and (f)
System Fixture and Fitting shall not exceed 20% of the domestic BOM of the LED Product:
manufacture of LED Products be classified as domestic BOM
1 2
LED Emitter Packaging from imported/domestically

fabricated Bare LED Die subject to the
condition that the Bare LED Die shall be
domestically fabricated using imported/
Driving Electronics Domestic assembly from imported/

indigenously manufactured parts and
components subject to the condition that the
Page 12 of 22
value of domestically manufactured parts
and components (excluding the value of
bare PCB) used in the assembly of
Driving Electronics
30% of the total value of parts and
Driving Electronics
Bare PCB including MCPCB Domestically manufactured using imported/

Heat Sink or Thermal Management Domestically manufactured using imported/
Solutions indigenously manufactured inputs
Secondary Optics Domestically manufactured using imported/

System Fixture and Fitting Domestically manufactured
Final Assembly / Testing Domestically assembled / tested meeting

Indian Standards as notified from time to
time.
3.7 Biometric Access Control/Authentication Devices
(A) Definition:
For the purpose of this Notification, BiometricAccess Control/ Authentication Device

shall include inter-alia a Finger Print Sensor/ Iris Sensor, Controller Module and Power
supply. It may or may not contain a display unit. Some of the applications of Biometric
Access Control/ Authentication Device are Physical access control, Time and Attendance
control etc.
(B)

Biometric Access Control/ Authentication for Biometric Access Control/
Devices is to be provided (in value terms) Authentication Devices to qualify as
domestically manufactured
50% 45%
Page 13 of 22
The domestic BOM of Biometric Access Control/ Authentication Device would be the sum
of the cost of main inputs as specified in Column 1 of the following table, provided the inputs
individually satisfy the value addition requirement specified in Column 2 of the table:
manufacture of Biometric Access be classified as domestic BOM
Control/ Authentication Device
1 2
Finger Print Sensor/ Iris Sensor Domestically manufactured as notified (refer

Paras 3.8 and 3.9)
Main PCB (Controller Module) Domestic assembly and testing from

Bare PCB Domestically manufactured from imported /

Power Supply/ Battery(if separate) Domestic assembly and testing from

and components
Display Unit Domestic assembly and testing from

and components
Optional features such as Camera, Domestic assembly and testing from

Keyboard, RFID, Smart Card Reader, imported/ indigenously manufactured parts
GPRS Module, Wi-Fi, Blue Tooth etc. and components
Plastic Housing Domestically manufactured from imported/

USB Cables Domestically manufactured from imported/

(i) Final Assembly and Testing (i) Domestically assembled / tested and

Page 14 of 22
manufacture of Biometric Access be classified as domestic BOM
Control/ Authentication Device
3.8 Biometric Finger Print Sensors
(A) Definition:
For the purpose of this Notification, Biometric Finger Print Sensor consists of a
Controller Module, CMOS Sensor and Optics. The applications of the Biometric Finger Print
Sensor are personal identification and verification etc.
(B)

Biometric Finger Print Sensors is to be for Biometric Finger Print Sensors to
provided (in value terms) qualify as domestically manufactured
50% 45%
The domestic BOM of Biometric Finger Print Sensor would be the sum of the cost of main
inputs as specified in Column 1 of the following table, provided the inputs individually
satisfy the value addition requirement specified in Column 2 of the table:
manufacture of Biometric Finger Print be classified as domestic BOM
Sensor
1 2
Main PCB (Controller Module) Domestic assembly and testing using

Optics Domestically manufactured from imported /

Page 15 of 22
manufacture of Biometric Finger Print be classified as domestic BOM
Sensor
1 2
CMOS Sensor Domestic assembly, packaging and testing

of CMOS Sensor using imported/
indigenously manufactured inputs*
Bare PCB Domestically manufactured from imported /

Plastic Housing Domestically manufactured from imported /

USB Cables Domestically manufactured from imported /

(i) Final Assembly and Testing (i) Domestically assembled / tested and
(ii) Design / Development (ii) Intellectual Property (IP) resident in

3.9 Biometric Iris Sensors
(A) Definition:
For the purpose of this Notification, Biometric Iris Sensor consists of a Controller
Module, CMOS Sensor and Optics. The applications of the Biometric Iris Sensor are personal
identification and verification etc.
Page 16 of 22
(B)

Biometric Iris Sensors is to be provided for Biometric Iris Sensors to qualify as
(in value terms) domestically manufactured
50% 45%
The domestic BOM of Biometric Iris Sensor would be the sum of the cost of main inputs as
manufacture of Biometric Iris Sensor be classified as domestic BOM
1 2
Main PCB (Controller Module) Domestic assembly and testing using

Optics Domestically manufactured from imported/

CMOS Sensor Domestic assembly, packaging and testing

of CMOS Sensor using imported/
indigenously manufactured inputs*

Plastic Housing Domestically manufactured from imported/

USB Cables Domestically manufactured from imported/

(i) Final Assembly and Testing (i) Domestically assembled/ tested

and
(ii) Design/ Development
Page 17 of 22
manufacture of Biometric Iris Sensor be classified as domestic BOM
1 2
(ii) Intellectual Property (IP) resident in

*This shall be reviewed when the Semiconductor Fab in India is operational
3.10 Servers
(A) Definition:
For the purpose of this Notification, a Server shall necessarily consist of a Mother Board,
CPU, Memory (RAM), Hard Disk Drive (HDD)/ Solid State Storage Drive (SSD), Power
Supply Unit (SMPS), Chassis, Connecting Cables and Firmware & OS.
(B)

Servers is to be provided (in value terms) for the Servers to qualify as domestically
manufactured
50% 40%
The domestic BOM of Server would be the sum of the cost of main inputs as specified in
manufacture of Server be classified as domestic BOM
1 2
Server Board/ Mother Board/ CPU Domestic assembly and testing from
and components including value of
Processor(s)* and excluding bare PCB
Page 18 of 22
manufacture of Server be classified as domestic BOM
Memory Domestic assembly of imported memory

chips on imported/ indigenously
manufactured bare PCB/ Domestic ATMP/
fabrication/ or combination
Hard Disk Drive/ Solid State Storage Drive Domestic assembly and testing from
and components

including Processor and Memory on Server and Memory) on the Server Board/ Mother
Board/ Mother Board) Board less the value of their indigenous
design (for which IP is resident in India),
on which ATMP operations are carried out
domestically, will be taken as domestic
BOM**
Cabinet + SMPS Domestically manufactured Cabinet and

domestic assembly and testing of SMPS
from imported / indigenously manufactured
parts and components subject to the
condition that value of domestically
the assemb
25% (of the total value of parts and

Accessories (Power Cables, Connectors, Domestic assembly and testing from

etc.) imported / indigenously manufactured parts
and components
(i) Final Assembly and Testing (i) Domestically assembled/tested

and
(ii) Design and Development
(ii) Intellectual Property (IP) resident in
India for any of the above items.
The value of IP resident in India for
any of the above items shall be
reduced from its value in the
domestic BOM
Page 19 of 22
* It is essential that, the Printed Circuit Board Assembly (PCBA) of the processor(s)/
components on the bare PCB using the SMT process should mandatorily be done in India.
** This shall be reviewed when the Semiconductor FAB in India is operational
4. The Notification comes into effect immediately and would be reviewed after
31.03.2019.
5. This Notification shall remain valid till the revised Notification is issued.
6. The Electronic products Notification shall also be applicable to the Domestically

Manufactured Electronic Products (DMEPs) covered in turnkey/ system integration projects.
In such cases the preference to DMEPs would be applicable only for the value of notified
DMEPs forming part of the turnkey/ system-integration projects and not on the value of
whole project.
7. No Electronic Product Notification under the Public Procurement (Preference to Make

in India) Order 2017 shall have retrospective effect.
8. Procedure for calculating local content/ domestic value addition
8.1 Bill of Material sourced from domestic manufacturers (Dom-BOM) may be calculated
based on one of the followings depending on data available. Each of these calculations should
provide consistent result.
a. Sum of the costs of all inputs which go into the product (including duties and taxes
levied on procurement of inputs except those for which credit/ set-off can be taken) and
which have not been imported directly or through a domestic trader or an intermediary.
b. Ex-Factory Price of product minus profit after tax minus sum of imported Bill of
Material used (directly or indirectly) as inputs in producing the product (including duties and
taxes levied on procurement of inputs except those for which credit/ set-off can be taken)
minus warranty costs.
c. Market price minus post-production freight, insurance and other handling costs minus
profit after tax minus warranty costs minus sum of Imported Bill of Material used as inputs in
producing the product (including duties and taxes levied on procurement of inputs except
those for which credit / set-off can be taken) minus sales and marketing expenses.
8.2 Total Bill of Material (Total-BOM) may be calculated based on one of the following
depending on data available. Each of these calculations should provide consistent result.
a. Sum of the costs of all inputs which go into the product (including duties and taxes
levied on procurement of inputs except those for which credit / set-off can be taken).
Page 20 of 22
b. Ex-Factory Price of product minus profit after tax, minus warranty costs.
c. Market price minus post-production freight, insurance and other handling costs minus
profit after tax, minus warranty costs minus sales and marketing expenses.
8.3 The percentage of domestic value-addition may be calculated based on information

furnished as per the following formula:
Percentage of domestic value-addition =
It is recommended that each agency assessing should calculate the domestic local content/
value-addition using at least two of the above formulae so as to validate the assessments in
this regard and ensure that the domestic value addition that is claimed is consistent.
9. Verification of local content/ Domestic Value Addition
a. The local supplier at the time of tender, bidding or solicitation shall provide self-
certification that the item offered meets the minimum local content and shall 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 local supplier shall
provide a certificate from the statutory auditor or cost auditor of the company (in the case of
companies) or from a practising cost accountant or practising chartered accountant (in respect
of suppliers other than companies) giving the percentage of local content.
c. In case a complaint is received by the procuring agency or the concerned Ministry/

Department against the claim of a bidder regarding local content/ domestic value addition in
an electronic product, the same shall be referred to STQC.
d. Any complaint referred to STQC shall be disposed of within 4 weeks. The bidder shall
be required to furnish the necessary documentation in support of the domestic value addition
claimed in an electronic product to STQC. If no information is furnished by the bidder, such
laboratories may take further necessary action, to establish the bonafides of the claim.
e. A complaint fee of Rs.2 Lakh or 1% of the value of the domestically manufactured

electronic products being procured (subject to a maximum of Rs. 5 Lakh), whichever was
higher, to be paid by Demand Draft to be deposited with STQC. In case, the complaint is
found to be incorrect, the complaint fee shall be forfeited. In case, the complaint is upheld
and found to be substantially correct, deposited fee of the complainant would be refunded
without any interest.
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
Page 21 of 22

ITB Instructions to Bidders for IOCL Tender

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

ITB Instructions to Bidders for IOCL Tender

Uploaded by

Copyright:

Available Formats

INSTRUCTIONS TO BIDDER(S) (ITB)

INSTRUCTIONS TO BIDDER(S) (ITB) Page 1 of 85

1.0 PAYMENT INSTRUCTIONS

ANNEXURE–I PANEL OF BANKS FOR ACCEPTANCE OF BANK

INSTRUCTIONS TO BIDDER(S) (ITB) Page 3 of 85

These Instructions to Bidder(s) (“Instructions”) may become a part of any

INSTRUCTIONS TO BIDDER(S) (ITB) Page 4 of 85

INSTRUCTIONS TO BIDDER(S) (ITB) Page 6 of 85

INSTRUCTIONS TO BIDDER(S) (ITB) Page 7 of 85

D. Name, address and GSTIN or UIN, if registered of the recipient;

F. HSN Codes or Accounting Code of services;

G. Description of goods or services;

H. Total value of supply of goods or services;

I. Taxable value of supply of goods or services taking into discount or

K. Amount of tax charged in respect of taxable services (Central Tax, State

INSTRUCTIONS TO BIDDER(S) (ITB) Page 8 of 85

O. It's the obligation on the part of Bidder / Vendor / Contractor / Consultant to

P. Any deductions in lieu of deviations to the terms and conditions of the

Q. IOCL GST DETAILS:

LEGAL NAME INDIAN OIL CORPORATION LTD.

INSTRUCTIONS TO BIDDER(S) (ITB) Page 9 of 85

1.15 Ocean Freight (Foreign Bidder)

 Basic ex-works cost (including special tools and tackles),

In case of a tie of evaluated cost between two or more L1 bidder(s),

Prices for Post Warranty Comprehensive Annual Maintenance Contract

2.2 Packing & Forwarding:-

A. Vendor to quote firm packing and forwarding charges, preferably as % of

C. Foreign Vendor to submit “Phytosanitary Certificate”/ IPPC certificate as

INSTRUCTIONS TO BIDDER(S) (ITB) Page 12 of 85

2.4 Testing and Inspection charges:

2.5.1 For Indigenous Bidder:-

2.6.1 Indigenous Bidder:-

B. In case a Bidder declares that he is not required to be registered

INSTRUCTIONS TO BIDDER(S) (ITB) Page 15 of 85

2.6.2 Foreign bidder:-

1. Notwithstanding anything contained anywhere in the BID Documents or any

(i) Pay LICENSOR such a sum as to yield to LICENSOR, after payment of

INSTRUCTIONS TO BIDDER(S) (ITB) Page 16 of 85

5. LICENSOR shall be responsible for paying all direct taxes (including

7. Subject to relevant clause mentioned below, OWNER LIABILITY on account

8. COMPLIANCE by LICENSOR : In order to afford OWNER to limit its liability

9. IF at the time of payment, rate of tax as determined by Tax Deduction

14. Bidder who has Permanent Establishment in India and/or quotation is in

15. In case of any advance including Mobilization Advance given as per

16. In case of Price Variation of Services and Materials applicable as per

18. It shall be the obligation on the part of bidder/vendor/

INSTRUCTIONS TO BIDDER(S) (ITB) Page 18 of 85

20. All payments on account of supplies of equipment, machinery, catalyst or

3. COMMERCIAL LOADING OF OFFERS IN CASE OF DEVIATIONS

3.1 PAYMENT TERMS

3.2 PERFORMANCE BANK GUARANTEE (PBG)

Amount Offered by Bidder Loading

3.3 PRICE REDUCTION SCHEDULE (PRS CLAUSE) (CONSIDERING GPC

INSTRUCTIONS TO BIDDER(S) (ITB) Page 19 of 85

3.4 PRICE VARIATION

6. CUSTOMS DUTY AND INVALIDATION LETTER

7. FOREIGN EXCHANAGE RATE VARIATION / CUSTOM DUTY VARIATION FOR

INSTRUCTIONS TO BIDDER(S) (ITB) Page 20 of 85

Stage Price Increase Price Decrease

A. Prices of Mandatory Spares, Commissioning spares and special tools and

10. DOCUMENTS COMPRISING THE BID

INSTRUCTIONS TO BIDDER(S) (ITB) Page 21 of 85

11. CURRENCY OF BID