For Tenders and Contracts
1.0 Background :
Hindustan Petroleum Corporation (HPCL) has developed the following mechanism to deal with references / grievances if any that are received from Parties who participated/intends to participate in the Corporation Tenders. The scheme is as under:
For the purpose of this scheme, the word ‘Grievance’ would mean a written and signed representation received from party, who has participated/intends to participate in the tender of the Company, seeking inter-alia a review of the process of finalisation of tender on the grounds that his right as a party to the tender has been affected for the reason to be provided by him which needs to be examined and decided in the interest of equity.
Grievance Redressal Cell (GRC)
It is the group that will review the references received from the Parties and decide the matter.
3.0 Authorities to handle grievances
3.1 There will be a process to deal with the grievances received from the tendering parties or the prospective tenderers based on the Tender document issued.
3.2 The first level, say Level I, of such process will comprise of a Grievance Redressal Cell (GRC). This Cell will consist of the following:
||Member Purchase (Co-ordinator)
||Direct Sales SBU
||Projects & Pipelines*
||Operations and Distribution (O&D)
|| Gas, Renewables & Business Development, Marketing SBU/Dept.
||Head-Gas, Renewables & Business Development, Marketing SBU/Dept
||Head-IS/HR (as applicable)
||Central Engineering (CE)
|* Includes Marketing Projects
|** Concerned SBU
|*** Concerned SBU/Dept
3.3 The Co-ordinator for each of the Cell is respective Head - Materials/Procurement of - Visakh Refinery, Mumbai Refinery, Marketing SBUs & Corporate.
3.4 All the grievances will be lodged with the Co-ordinator of the Cell.
3.5 This Cell will examine the grievances and decide the matter.
3.6 The second level of Grievance Redressal Mechanism is the Executive Committee - Refineries for both Mumbai & Visakh Refineries, Executive Committee - Marketing & Executive Committee -Corporate for respective functions. The decision of the Executive Committee is final.
4.0 Grievance Redressal Process
Level - I
4.1 If a grievance is received by the Grievance Redressal Cell, the Co-ordinator will first acknowledge the receipt of the grievance to the aggrieved party within 48 hours from the time of receipt of the grievance (Excluding intervening Holidays).
4.2 The Grievance Redressal Cell (GRC) will forward the Grievance to the Tender Inviting Authority at the earliest, who will offer his comments/views to the Cell within 2 days of receipt from GRC.
4.3 On receipt of comments from Tender Inviting Authority, the Grievance Redressal Cell will meet and look into the grievances expressed by the aggrieved party along with the views/comments of the Tender Inviting Authority. The Grievance Redressal Cell can call for relevant records and documents to enable it to firm up its decision on the grievance.
4.4 The Grievance Redressal Cell will decide the matter within 14 days and thereafter communicate the decision to the aggrieved party.
Level - II
4.5 The second level of Grievance Redressal Mechanism is the Executive Committee - Refineries for both Mumbai & Visakh Refineries and Executive Committee - Marketing & Executive Committee -Corporate for respective functions which would examine and decide on any appeal / representation on the decision of the Grievance Redressal Cell.
4.6 Parties aggrieved by the decision of the Grievance Redressal Cell, can appeal / represent to the Executive Committee within 7 days of receipt of the decision with a copy to GRC Level-I for co-ordination. Appeal received after seven days will not be considered.
4.6 The EC will decide the matter in appeal within 14 days and thereafter communicate the decision to the aggrieved party. The decision of the Executive Committee is final.
5.0 Time limitations for the handling of grievances
5.1 Grievances regarding the Pre-qualification process should be lodged by the aggrieved party within one week from the date of Publication calling for pre-qualification bid. Grievances received after one week from date of Publication will not be considered.
5.2 The decision on Grievance pertaining to Pre-Qualification should be finalised before the shortlisting of the parties is concluded.
3 Specific Grievances regarding the Notice Inviting Tender (NIT) should be lodged by the aggrieved party within one week from the last date of sale of tender document, or one week prior to the Due date for Bid Submission, whichever is earlier. Grievances regarding NIT, received thereafter shall not be considered.
5.4 Grievances relating to the tender process (other than “Notice Inviting Tender related grievances”) should be lodged within one week from the date of opening the unpriced bids.
5.5 The Grievance Redressal Cell shall examine the case and decide within 14 working days from the date of receipt of the grievance and advise the function concerned of the same so that they can process the tender further.
5.6 Any grievance after price bid opening should be redressed before award of the contract. No grievances shall be entertained which are received after one week of price bid opening.
5.7 The Coordinator of the Grievance Redressal Cell, on receipt of the grievance by the aggrieved party, should inform the Tender Inviting Authority not to finalize the contract till the disposal of the grievance by the Grievance Redressal Cell. The grievance lodged should be disposed of within a reasonable period of 14 working days so that there is no undue delay in awarding the contract.
6.0 Interim Suspension of Tendering Process
6.1 After any grievance is received by the Co-ordinator of the Grievance Redressal Cell, the Cell Members will meet and examine whether the tendering process relating to the concerned matter is to be suspended or not in consultation with the Tender Inviting Authority. The Cell will examine whether there exists a prima facie ground for suspending the tendering process and decide the matter. It may consult, if required, the Executive Committee as to whether the tendering process has to be suspended till a final decision is taken on the grievance.
6.2 The decision to suspend the tendering process or not and disposal of the grievance should preferably be taken by the Grievance Redressal Cell and/or Executive Committee at the earliest but not later than 14 working days from the receipt of grievance keeping in mind the schedule of activities connected with the tender concerned.
6.3 When it is decided to suspend the Tendering Process, the grievance should be examined and disposed off by the Grievance Redressal Cell & Executive Committee at the earliest, but not later than 14 days since it will be necessary to either continue with the tender as per earlier norms or it is decided to re-invite the tender with suitable changes.
7.0 Other General Provisions
7.1 A final written reply to the aggrieved party will be given by Coordinator of Grievance Redressal Cell / Executive Committee within 21 working days from the date of receipt of the grievance, in line with the minutes of respective GRC/ EC.
7.2 The Grievance Redressal Cell / Executive Committee, while firming up its recommendations, can seek the views of other relevant Departments like Finance, Vigilance and Legal or any other Department concerned with the issue.
7.3 The Grievance Redressal Cell & Executive Committee is entitled to give a personal hearing to the aggrieved party, if necessary.
7.4 If a Grievance is related to a contract already awarded and acted upon, and if the Grievance Cell & Executive Committee is of the view that the grievance needs review for remedial action for future tenders, it would submit its recommendation to the concerned SBU/Dept. head for future tenders.
7.5 Company’s Tender Grievance Redressal Mechanism will be displayed in its Website in the Tenders Page.
7.6 The Grievance Redressal Cell & Executive Committee will maintain a grievance register giving details of the tender number, date of receipt of grievance letter, nature of grievance in brief, details of the decisions taken and the date of communication to the aggrieved party.
7.7 The Grievance Redressal Cell & Executive Committee will also submit a quarterly report on the grievances handled to the Committee of Functional Directors. A copy of Yearly Report will be submitted to the Board for information.
7.8 The relevant clause of Grievance Redressal Mechanism Procedure should be incorporated in GTC of all Tender documents along with the name and address of the Officer-designate of the Grievance Redressal Cell/ Secretary of the concerned Executive Committee, to whom the grievance letter/ Appeal should be addressed to.
8.0 Integrity Pact
8.1 Notwithstanding the GRP guidelines above, the provisions of the
Integrity Pact (40 KB)
will be applicable independently to tenders over Rs. 1 Crore.