Summary:
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**1. Tender Overview**
– **Tender Reference:** ANS25PV002
– **Issuing Authority:** Bharat Heavy Electricals Limited (BHEL), Solar Business Division (SBD), Bangalore
– **Item Description:** Supply of **4.4 MW Outdoor Type PCU (Solar Inverter) – Model: PVS980-58-5000KVA**
– **Quantity:** 1 No.
– **Item Code:** PS0679099875 (Note: Typo exists; pricing sheet shows PS0079099876)
– **Type of Contract:** **F.O.R. (Free on Road) Basis** – Supplier responsible for delivery, insurance, and freight to site.
– **Consignee/Delivery Site:** 100 MW GSECL Raghanesda-II, BHEL Site Office, Near Kundaliya Village, Gujarat.
– **Buyer & Paying Authority:** BHEL – SBD, Bangalore.
**2. Key Commercial & Contractual Terms**
– **Price Basis:** Quoted in INR on F.O.R. site basis. Insurance is in supplier’s scope.
– **Delivery Schedule:** **12 weeks from the date of Purchase Order (PO) placement.** Date of LR (Lorry Receipt) is the basis for Liquidated Damage (LD) calculation.
– **Validity of Offer:** 90 days from bid opening.
– **Payment Terms:** 100% payment (basic price + taxes + freight) on pro-rata basis after receipt of goods and complete documents, within:
– 45 days for Micro & Small Enterprises (MSEs)
– 60 days for Medium Enterprises
– 90 days for Non-MSMEs
– **Warranty:** 60 months from commissioning or 63 months from supply, whichever is earlier.
– **EMD & Performance Bank Guarantee:** **Not Applicable** for this tender.
– **Evaluation:** On an overall basis as it is a single-item tender. New taxes/duties implemented by Govt. will apply.
– **Inspection:** BHEL reserves the right of pre-dispatch inspection.
**3. Critical Compliance & Submission Requirements**
– **Mode of Submission:** Electronic (details on portal). Includes Techno-Commercial Bid (Part-I) and Price Bid (Part-II).
– **Mandatory Portal Use (SUVIDHA):** From **01-Oct-2025**, all invoices must be registered via BHEL’s SUVIDHA Portal.
– **Key Declarations & Certificates Required** (on bidder’s letterhead):
1. **No Deviation Certificate** (Annexure-XII): Confirming unqualified acceptance of all tender terms.
2. **Declaration by Authorized Signatory** (Page 22).
3. **Compliance to MoP Order** (Annexure-E): Certifying imported components are free from malware.
4. **Compliance to GoI Order on Land Border Countries** (Annexure-D(i)): Certifying bidder is not from a country sharing a land border with India.
5. **Make in India Declaration** (Annexure-F(i)): Self-certification of local content percentage (for procurement value Rs. 5 Lakh to Rs. 10 Crore).
6. **MSE Status Certificate** (if applicable): Udyam Registration and CA certificate.
– **Un-Priced Deviation Sheet (Annexure-II):** Must list ALL technical and commercial deviations with a **”Cost of Withdrawal”** for each. Deviations not listed will be ignored.
**4. Risk, Liability & Penalty Clauses**
– **Breach of Contract:** Minimum recovery of **10% of contract value** via encashment of security instruments or other financial/legal remedies.
– **Revoking Offer Post-Opening:** Upward rate revision or withdrawal after financial bid opening is a willful default, attracting penalties (EMD forfeiture or equivalent).
– **Limitation of Liability:** Contractor’s maximum liability capped at the **contract price**. No liability for loss of profit or indirect/consequential losses.
– **No Interest Payable:** BHEL will not pay interest on any money due to the contractor (security deposits, retention money, etc.).
– **Suspension of Business:** BHEL can suspend dealings with contractors for non-performance or malpractices.
**5. Dispute Resolution & Legal Framework**
– **Governing Law:** Laws of the Republic of India.
– **Jurisdiction:** Exclusive jurisdiction of courts at **Bengaluru**.
– **Primary Dispute Mechanism:** **Conciliation** as per **BHEL Conciliation Scheme 2018**, broadly governed by the Arbitration and Conciliation Act, 1996.
– Process initiated via written notice.
– Conducted by an Independent Experts Committee (IEC) appointed by BHEL.
– Parties represented by in-house executives (lawyers not allowed).
– Target: Proceedings conclude within 2-4 months.
– A successful Settlement Agreement has the legal status of an arbitral award.
– Fees and costs of conciliation are shared equally by parties.
**6. Eligibility, Conflict of Interest & Anti-Collusion**
– **Conflict of Interest:** Strict rules disqualifying bidders with common control, subsidies, same agents, or participation in consultant roles for the same project.
– **Anti-Collusion Declaration (Clause 42):** Bidders must declare no illegal agreements on prices or bidding actions.
– **Related Firms:** Only one bid allowed from related firms (common proprietors/partners/directors).
– **Foreign Firms:** Not eligible. Indian firms with foreign directors need security clearance.
– **MSE Provisions:** MSE vendors must submit Udyam Registration for eligibility and benefits.
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