Annexure 27 — CONSULT_MANUAL

(Refer para 3.8.2-3-c) Subject: Show Cause Notice for debarment of your Company from participation in Tenders of [Govt. of India/ Ministry/ Department/ CPSE/ Organisation] for the following misdemeanour

References: Relevant Tenders/ Contracts: [……….] Dear Sir/Madam, 1. As a supplier participating in government tenders/ contracts, you must maintain the highest standards of ethical conduct and transparency, as laid down in the Code of Integrity in Public Procurement and other provisions in the relevant Tender Documents/Contracts. 2. Due to your misdemeanour mentioned below relating to the Tender Document/ Contract referred to above, you are proposed to be debarred from participation in all tenders/ contracts of [Govt. of India/ Ministry/ Department/ CPSE/ Organisation] for a period not exceeding two years. 3. Articles of Misdemeanours: As per the imputations detailed in Annexure-1 attached herewith, it is determined that you have committed the following serious misdemeanours relating to the tender/ contract referred to above: a) [You breached the Code of Integrity in Public Procurement as specified in [clause …..] in the Tender Document/ Contract referred to above (please also see Rule 175 of GFR 2017). b) [You made a false declaration of local content as Class I/ Class II local suppliers under Public Procurement (Preference to Make in India, Order 2017, Dtd 16/09/2020 or later, i.e., the Make in India Order), which is also be treated as a breach of code of integrity.] c) [any other actions or omissions96 by the firm that, in the opinion of the Ministry/ Department, warrants debarment].

Annexure 27: Format for Show-cause Notice for Debarment [On Department Letterhead] File No: [….] [Date] [DoE/ Ministry/ Department/ CPSE/ Organisation] [Address] To, The [Company Name] [Company Address]

4. Opportunity to Explain: 96 [Supply of substandard material; non-supply of material; abandonment of works; substandard quality of works; failure to abide by “Bid Securing Declaration”; conviction under the Prevention of Corruption Act, 1988; conviction under any law for causing any loss of life or property or causing a threat to public health as part of executing a public procurement contract; employs a government servant who has been dismissed or removed on account of corruption; employs a non-official convicted for an offence involving corruption or abetment of such an offence in a position where he could corrupt government servants, or employs a government officer within one year of his retirement who has had business dealings with him in an official capacity before retirement.] a) In light of the above misdemeanours, we hereby grant you a fair opportunity to explain in writing why you should not be debarred, as mentioned in para 2 above. b) Your response should include Specific Reasons, Mitigating Factors, and Corrective Measures that you intend to take to rectify the situation and prevent recurrence. c) Please also mention if you desire to avail of additional opportunities for an oral hearing in addition to the written submissions. d) Please address your response to the undersigned using the contact details mentioned below. e) Response Deadline: Please submit your response within 15 days of receiving this notice. Failure to do so will result in further action, including an order for debarment.

5. You are required to give details of all ‘allied’ firms that come within the sphere of effective influence based on the following criteria:

a) You, being a proprietary firm, own it, b) You, being a partnership firm, have common (all or majority of) partners, or any one of partners having a profit share of 20% or more in it. c) You have common Management (say the majority of the directors) with it. d) Your partners or directors have a majority interest in its management; e) You have a controlling voice by owning substantial or majority (20% or more) shares in it. f) You directly or indirectly control it, are controlled by it, or are under common control through any agreement/ MoU or otherwise. g) You are a successor/ subsidiary to it or vice-a-versa; h) You have common offices/ manufacturing facilities with it.

6. Annexure-1 details the imputation based on which these misdemeanours have been determined. 7. Annexure 2 lists the documents relied upon for establishing such imputation.

Sincerely, [Name] [Designation] [Contact Information] Annexure 1: [Details of actions/ omissions committed by the firm] Annexure-2: [List of relied upon documents] DA: [Copies of documents attached]