CRFQ NO 1000296703. E-Tender No.33670

BHARAT PETROLEUM CORPORATION LTD CENTRAL PROCUREMENT ORGANISATION-REFINERIES MUMBAI REFINERY,MAHUL MUMBAI- 400074

TENDER FOR SUPPLY OF HYDROGEN PEROXIDE (H2O2) for NRL- REFINERY

CRFQNO. 1000296703

E-TENDER NO: 33670

DUE DATE: 22.01.2018 (1100HRS ²IST)

Page 1 of 33 CRFQ NO 1000296703. E-Tender No.33670

TENDER NO.: CRFQ NO 1000296703 - SUPPLY OF HYDROGEN PEROXIDE (H2O2)

Index

Sr. Description Annexure Page No. Number 1 Notice Inviting Tender 1 3 2 Special Conditions of Tender 2 4-15

3 Bid Qualification Criteria (BQC) (KR/ NRL) 3 16-18

2 Technical Specifications, Terms & Conditions Z 19-20 including Evaluation criteria ² BPCL ² KR / NRL 3 Agreed Terms & Conditions A 21-25

7 Price Schedule - Indigenous Bidder B 26

8 List of Deviations C 27

9 Declaration regarding Holiday Listing D 28

10 Format for Bidder Information E 29-30 11 Format for Bank Guarantee for Earnest money F 31-32 deposit 12 NRL PDF DOCUMENTS: GPC 2 pages), . 33-35 PBG 2pages) 13 BQC ² VERIFICATION OF DOCUMENT 36 FORMAT

Page 2 of 33 CRFQ NO 1000296703. E-Tender No.33670

ANNEXURE 1.

BHARAT PETROLEUM CORPORATION LTD CENTRAL PROCUREMENT ORGANISATION (REFINERIES), MAHUL, MUMBAI - 400 074. PHONE: 91-22-25524117

NOTICE INVITING TENDER (NATIONAL TENDER) CRFQ. No. 1000296703

BPCL, [CPO-R] invites offers for the supply of Hydrogen Peroxide (H202) for BPCL-Kochi Refinery & NRL- Ltd.

The tender document has two packages namely:

1. Package 1: Hydrogen Peroxide (H202) for BPCL ² Kochi Refinery (KR) (E-Tender no. 33669) 2. Package 2: Hydrogen Peroxide (H202) for NRL-Numaligarh Refinery (E-Tender no. 33670)

Details of the tenders are available/can be downloaded from any of the following websites : a. %3&/·V( -procurement platform https://bpcleproc.in. b. BPCL website www.bharatpetroleum.in Tenders View Tenders select dept. CPO (Refineries). c. Central Procurement Portal http://eprocure.gov.in/cppp

Due date for submission: 22.01.2018, 11.00 HRS. IST.

Important: All updates, amendments, etc, (if any) will be posted on the above websites. There will not be any publication of the same through press advertisement.

Place: Mumbai CPO-R

Page 3 of 33 CRFQ NO 1000296703. E-Tender No.33670

ANNEXURE 2

SUBJECT: SUPPLY OF HYDROGEN PEROXIDE (H2O2) AT NRL-NUMALIGARH REFINERY.

Digitally signed quotations (Techno commercial bids) are invited from bidders in 2 part bid system for the subject work as per the enclosed Tender Documents and its attachments.

All prospective bidders are requested enroll onto our e-tendering platform https://bpcleproc.in/ maintained by M/s. E-procurement Technologies Ltd. our authorised Service Provider for E-tendering.

Upon logging in to the e-procurement website, bidders can download the bid documents and shall thoroughly go through the same. All documents required for the bid, shall be uploaded on the appropriate place in the E-Procurement web site, digitally signed.

All the bids shall be evaluated from the inputs made by the bidders on the E-Procurement portal. Hard copies of the bids shall not be submitted to this office, since hard copies shall not be considered for evaluation.

Bidders are advised to read the Instructions for participating in the electronic tenders directly through internet (Bid Submission Manuals are available on the above mentioned e- procurement site) and get conversant with the process of online submission of the tenders well in time so as to submit tenders by the due date.

SPECIAL CONDITIONS AND INSTRUCTIONS TO BIDDERS.

1. BPCL, CPO-Refineries invites offers for supply of Hydrogen Peroxide (H2O2), in complete accordance with tender documents and its attachments at NRL-Numaligarh Refinery as per the following details:

Material Description / Qnty:

Hydrogen Peroxide (H202)

Quantity: NRL: 120 MT

Period of Contract: One year (2018-19)

Technical Specifications:

Material shall be supplied as per the technical specifications and terms and conditions as mentioned in Annexure Z. Documents in support of the same should be submitted with the Unpriced bid. Please specify the shelf life of the product.

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2. Bid Documents:

a. Bid documents consist of all the documents from Annexure A to H mentioned in the index & any additional document submitted by the bidder, in support of their claim of meeting the requirements in this tender.

b. NRL ·V *HQHU al Purchase Conditions (BPC) is an essential part of this bid document. The terms & conditions mentioned there in , to the extent that they are applicable in the context of this procurement, shall hold good for this tender, in addition to the requirements, terms & conditions mentioned elsewhere in Annexure- A to G of this tender document. In case of any conflict between the terms & conditions in the GPC with that mentioned elsewhere in these tender documents, the latter shall prevail.

c. Bidder is expected to read, understand & accept all terms & conditions without any deviations. In case bidder takes any deviation to any of the terms & conditions in these tender documents, the same shall be stated clearly with reasons in Annexure C, with reasons/remarks.

d. BPCL reserves the right to accept or reject any of the deviations . In case any of the deviations taken by any bidder is not acceptable to BPCL, the same shall be taken up with bidder for withdrawal/modification of the deviation as deemed fit. In case the bidder declines to withdraw/modify the deviation as desired by BPCL, BPCL reserves the right to reject the offer at the technical/unpriced bid evaluation stage itself.

3. Bid Qualification Criteria:

Bidders meeting the technical & commercial qualifying criteria as per the pre- qualification criteria, Annex. 3 of this tender document shall only be considered for further evaluation of bids.

4. Earnest Money Deposit (EMD) :

4.1 Interest-free Earnest Money deposit (EMD) of INR 100,000.00 (Rs. One lakhs only) shall be paid by Demand Draft '' %DQNHU·V Cheque drawn in favour of Bharat Petroleum Corporation Limited and payable at Mumbai.

4.2 EMD can also be paid by way of Bank Guarantee as per the format provided in Annexure H, from any bank recognized as Schedule bank by Reserve Bank of , in favour of Bharat Petroleum Corporation Ltd, Mumbai. The BG shall be furnished on non-judicial stamp paper of value not less than Rs. 100.00. The BG shall be kept valid for a period of 180 days beyond the period of bid validity.

4.3 EMD, wherever applicable, shall be paid separately by Demand Draft (DD), Bankers Cheque drawn in favor of Bharat Petroleum Corporation Limited and SD\DEOHDW0XPEDL$OWHUQDWLYHO\(0'FDQDOVREHSDLGE\ZD\RI´%DQN *XDUDQWHHµ %* DV per BG format (Annexure ² H) from any bank recognized as

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Scheduled Bank by Reserve in favor of Bharat Petroleum Corporation Limited, Mumbai. The BG in lieu of EMD shall be furnished on non- judicial Stamp Paper of value not less than ` 100/- and in prescribed Pro-forma given. The BG shall be kept valid for a period of 180 days beyond the period of bid validity.

4.4 2ULJLQDO''%DQNHU·V&KHTXHRU%*DVWKHFDVHPD\EHWRZDUGV(0'VKDOOEH sent separately to DGM CPO-Refineries, Bharat Petroleum Corporation Limited, 0XPEDL&RS\RI''%DQNHU·V&KHTXH%*DVWKHFDVHPD\EHDORQJ ZLWKSURRIRIGLVSDWFKWREHXSORDGHGDORQJZLWK´7HFKQLFDO8Q -Priced %LGµ Bids without EMD are liable to be rejected.

4.5 EMD of unsuccessful bidders shall be released after finalization of the tender.

4.6 The following categories of bidders (Manufacturer only) are however exempted from depositing EMD:

a) Units registered with National Small Industries Corporation (NSIC); b) Units falling under Micro & Small Enterprises (MSEs) category and registered with authorities specified under Public Procurement Policy for MSEs.

For Bidders under a & b above, the exemption would be extended only if their registration is available for tendered item and registration certification is valid as on date of quotation. (Manufacturer only)

Such bidders must upload appropriate proof along with their "Pre-qualification Bid", to show that they are eligible for the exemption from EMD (application for registration as NSIC or for renewal will not be acceptable), failing which such bid will be treated as bid received without EMD and liable to be rejected.

4.7 Forfeiture of EMD ² A bidder who has submitted their bid shall not be permitted to alter / amend or withdraw the bid, not withstanding that the bid (s) has / have not yet been opened / finalized. A bidder who purports to alter / withdraw / modify their offer after submission within the validity period of the offer shall be liable to have their offer rejected and their EMD forfeited / en-cashed.

4.8 The Earnest Money deposited by successful bidder shall be forfeited if the successful bidder fails to honor the offer terms prior to ordering and Contractual terms after issuance of LOA / Contract / Purchase Order.

4.9 Bidders are required to upload scan copy of EMD (DD/BG/Valid NSIC Certificate) and scan copy of proof of dispatch (Airway bill receipt) in the respective folder of the e-tender before the due date. Bidder has to ensure that the EMD reaches us before the due date or within 7 days after Technical / Unpriced bid opening date.

4.10 Offers received without scan copy of EMD (DD/BG/Valid NSIC Certificate) and scan copy of proof of dispatch (Airway bill receipt), uploaded in the applicable folder of an e-tender and physically not UHFHLYHGZLWKLQGD\VDIWHU´7HFKQLFDO Un-3ULFHG%LGµRSHQLQJGDWH DVLQGLFDWHGLQWKH1,7RUFRUULJHQGXPWKHUHRI DUH liable to be rejected.

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5. Submission of Tender:

5.1 %LGVVKRXOGEHVXEPLWWHGLQ´7:2%,'6<67(0µLH´8QSULFHG%LGµ ´3ULFHG %LGµ through e-tendering portal.

5.2 8QSULFHG ELGµ complete with all technical and commercial details other than price shall be submitted. Accordingly, this shall contain the following:

i) Annexure 2 - This Special Conditions and Instructions to bidders, of tender, duly signed & stamped in all pages, as token of acknowledgement and acceptance. ii) Annex. 3. ² Bid Qualification criteria duly signed and stamped on all pages as a token of acceptance. iii) Annexure Z - Technical Specifications & Terms and conditions duly signed & stamped as token of acknowledgment and acceptance iv) Agreed Terms & Conditions (Annexure ²A), duly filled up, signed & stamped ² v) Price schedule as per Annexure- B as the case may be, (without filling up the price, but with other details such as applicable taxes, freight etc.), signed & stamped vi) Deviations to Tender document, if any (Annexure ²C), signed & stamped. Deviations if any are to be listed in Annexure ² C only. Any deviation mentioned elsewhere in the bid shall not be taken into consideration. In case of no deviation, this may be filled up as NIL. vii) Declaration regarding Holiday Listing ² Annexure ² D duly filled in, signed & stamped viii) Bidders Information details ² Annexure E, duly filled in, signed and stamped. ix) Format for EMD ² Annexure F x) Proof of sending EMD ²wherever applicable. Copy of DD/Pay Order/Bank Guarantee as the case may be, with proof of dispatch / delivery to BPCL, CPO-Refineries. (EMD to be paid before submitting the bid). xi) NRL PDF DOCUMENTS: GPC (Local 2 pages), PBG (LOCAL 2 pages) ² Total 4 pages signed and stamped.

5.3 Priced Bid:

i. Priced bid shall consist of Price Schedule as per Annexure- B with price portion duly filled up without any condition. The scanned copy of the Price schedule, Annex. B shall be submitted by filling up the respective details and uploading the same in the price bid form provided in the e- portal.

ii. Bidders are requested to quote firm price.

iii. BPCL reserves the right to go for Reverse Auction (RA) instead of opening the price bid submitted through the portal. In case BPCL decides to go for RA, then the price bid shall not be opened and tender

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would be decided based on result of the RA. In case BPCL decides not to go for Reverse Auction, the tender will be finalized based on WKHXSORDGHGVFDQQHGFRS\RISULFHELGµ As such, the bidders should submit their best prices in the scanned paper price bid µ

5.4 Evaluation of offers:

a. Price:

Quoted price in Indian Rupees for Indigenous Supply shall be considered for evaluation.

b. Loading for Taxes and Duties:

ƒ Packing & Forwarding charges: As quoted by the bidder.

GST: CGST - SGST or IGST as applicable, along with Invoicing Location and HSN code no. must be clearly specified by the bidders in their offer. Quoting of HSN code no. and Invoicing Location is mandatory requirement and must from part of the unpriced bid.

ƒ Transportation charges quoted by the bidder to the respective location site

c. Loading on account of deviation in commercial terms:

Payment terms: If any differential payment terms is offered by the vendor as against BPCL terms mentioned in this tender and the same is acceptable to BPCL, vendor shall be loaded at a rate equivalent to benchmark prime lending rate (BPLR) of applicable on the date of opening price bid, calculated for the applicable period for the applicable amount.

Delayed Deliveries: Refer GPC clause no.20

In case the vendor does not accept the delayed delivery clause or take exceptions to the % rate mentioned in GPC, loading shall be done to the extent of maximum of 5% of the order value or the differential % not agreed by the supplier.

d. Performance Bank Guarantee(PBG):

In case bidder does not agree to furnish PBG in the event of their getting order, then bid would be liable for rejection as such.

e. Evaluation Methodology and Price comparison:

Evaluation will be based on landed Cost. Offers would be evaluated for net landed cost as under:

A. Basic Price : B. Freight + IGST / CGST-SGST as applicable. C. Landed Cost = (A) + (B)

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Bids complete in all respects should be uploaded in BPCL e-tendering portal on or before the due date & time.

5.5 Fax / E-Mail offers shall not be accepted. 5.6 BPCL shall not be responsible for any delay in submission / uploading of offer. 5.7 Offer shall be valid for a period of 90 days from Tender Due Date for placement of order. The price quoted shall be valid for supplies for a period of 12 months from the date of Purchase Order. 6 Tender Opening: a. The unpriced part of the bid shall be opened on due date at 11.00 hrs (IST) through e-portal. Bidders who have submitted their bids, can view/witness result of technical bid opening through the e-portal.

b. The date and time of opening price bids shall be intimated separately to the techno- commercially acceptable bidders and the price bids shall be opened through e- portal. Technically accepted bidders can view/witness result of priced bid opening through the e-portal..

c. In case BPCL decides to go for Reverse Auction (RA) the electronic sealed price bids will not be opened,, and the tender will be decided based on result of RA In that case , the date & time of Reverse Auction and methodology of Reverse Auction shall be intimated in advance to the technically acceptable vendors BPCL..

7 DELIVERY :

a. Time is an essence of contract. Bidder is required to deliver the material within 3 weeks of call off. The offer of the bidder failing to meet this delivery requirement may be liable for rejection.

Packing: 30 kg Jerican.

The required quantity of material is to be supplied by the vendor as per call ²off or monthly-weekly schedule which will be given by the P&CS department of NRL.

PACKING: 30-35 KG Jerican to facilitate handling and should be suitable for protection from sunlight. The packing should be sealed and leak proof.

b. The quantities mentioned in the tender are our estimated requirement for a period of one year and may vary depending upon refinery operations. Material shall be delivered as per call-off on need basis as described above.

c. Test certificates for physical and chemical properties and laboratory analysis including purity, are required with each supply.

d. The vendor shall keep sufficient stock to ensure un-interrupted supply. In case, WKHUHLVDQ\SUREOHPLQWKHYHQGRU·VSODQWGXHWRDQ\UHDVRQYHQGRUVKDOOVXSSO\ WKHPDWHULDOIURPRWKHUPDQXIDFWXUHU·VZLWKSULRUDSSURYDORI%3&/RWKHUZLVH

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NRL will proc XUHWKHPDWHULDODW9HQGRU·VULVNDQGFRVWGXULQJWKHSHULRG3OHDVH confirm acceptance of this delivery requirement.

e. Bidder is required to quote before the tender due date.

8.0 PERFORMANCE BANK GUARANTEE

Successful bidder (vendor) shall furnish a Performance Bank Guarantee (PBG) valid for a period upto one year from date of order plus delivery plus 6 months claim period (if any). The PBG should be for a value not less than 10% of the total order Value.( Total Order Value for this purpose would consist of Ex Works Price.

9 PAYMENT:

100% payment will be released within 30 days after receipt and acceptance of material at site and on submission of all the relevant dispatch documents including original invoice.

10. General Points : a. BPCL reserve the right to extend due dates of tender, accept or reject any tender in part or full, without assigning any reason whatsoever. Bharat Petroleum Corporation Limited also reserves its right not to accept the lowest rates quoted by the tenderers and also to give purchase preference to Public Enterprises, as admissible under the existing policies of Government of India and to JVs/Subsidiaries as per BPCL guidelines. It also reserves right to consider inflow of royalty to BPCL during evaluation of bids. b. Performance Bank Guarantee [as per format] for 10% of order value for a period of 12 months from the date of order plus delivery period, with claim period of 6 months thereafter. c. BPCL reserves the right to stop calling off material/cancel the order by giving you 30 days notice in advance. d. Offers and all correspondence must be in English language only. e. Our Weighment and quality testing at refinery premises will be final for receipt of material/ payment. Tolerance of (+/-) 0.5% shall be accepted. f. All entries in the tender documents must be written in permanent ink or typewritten and there should not be any erasing or overwriting or corrections. Any unavoidable mistake should be neatly cut and re-written without over-writing and use of correcting fluid. All corrections should be duly signed by the Bidder. g. Bidders are requested to provide detailed information along with the offer regarding the direct / indirect impact of their product on people, equipment, materials and PDFKLQH´0DWHULDO6DIHW\'DWD6KHHWµPD\EHVXEPLWWHGZLWKWKHWHFKQLFDO bid in case of hazardous items. h. The material shall be packed in accordance with the rule, in weatherproof, shipment worthy, eco-friendly packing and labeled, indicating clearly the description of the item, hazardous nature if any, precaution and care to be taken.

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i. Payments to all material suppliers, contractors, transporters etc shall be made by National Electronic Fund Transfer (NEFT) only. NEFT payment condition shall be acceptable to all suppliers, contractors and their appointed transporting agencies. In case bank details are not provided please submit the same in the prescribed format. Payment by cheque will be made only to those vendors whose bank is located in the city where NEFT payment facility is presently not available. Bids received from vendors who are not accepting the NEFT payment terms are likely to be rejected. j. $Q\ HIIRUW E\ ELGGHU RU ELGGHU·V DJHQWV FRQVXOWDQW RU UHSUHVHQWDWLYH KRZVRHYHU described, to influence the owner in any way concerning scrutiny/ consideration/ evaluation/ comparison of the bid or decision concerning award of contract shall entail rejection of the bid. k. Valid digital certificate is compulsory for participation in E-Tender as well as Reverse auction. In case you do not have a valid digital certificate, arrange for the same from any service provider immediately so as to enable submission of offers in the e-platform within the tender due date.. Non availability of Digital certificate will be considered as your regret. l. The vendor shall confirm their offer is exactly as per our specifications. Scope of work and all other terms conditions, enclosures and there is no deviations. m. If there is any deviation the same shall be indicated strictly in format in Annexure-C (Deviation Form) , which is to be submitted along with un-priced bid. Please note that if no deviation is given in the Annexure C format, it shall be presumed that YHQGRU·VRIIHUKDVQRGHYLDWLRQIURPRXU&5)4

n. The commercial terms offered by the bidder should be firm, clear and specific as the tenders shall normally be finalized without seeking further clarifications.

o. Deviation taken, if any, in the commercial conditions may lead to appropriate loading of prices to make all offers commercially at par or rejection of offer, at the sole discretion of BPCL.

p. Vendor shall accept Contract for all items or part there off without any precondition on minimum value on contact /subsequent call offs. Offers with precondition on minimum contract value/call off value or non acceptability of part order are not acceptable and such offers shall stand commercially rejected.

q. Material has to be supplied with required Material Test Certificate . Supplies not accompanied with the test certificates shall be liable to be rejected.

r. Vendor to confirm that free replacement shall be made in case the materials supplied are rejected due to poor quality.

s. Vendor to confirm whether Repeat Order at the same price, terms & conditions would be acceptable after expiry of contract.

t. Arbitration and Jurisdiction clause shall be as per individual General Purchase Conditions of BPCL - NRL as the case may be. Vendor to confirm acceptance of the same.

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u. Bidders shall go through the attached General Purchase Conditions (GPC) of BPCL. Same shall be signed , stamped & returned along with the unpriced bid, in token of acknowledgement & acceptance of the terms and conditions mentioned therein

11. . ARBITRATION CLAUSES:

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A. Negotiation and Conciliation:

The Parties shall endeavor to settle any dispute, difference, claim, counter-claim, question or controversy between the Parties arising out of, in connection with or LQUHODWLRQWRWKLV$JUHHPHQW ´'LVSXWHµ DPLFDEO\EHWZHHQWKHPVHOYHVWKURXJK negotiation.

B. Reference to Arbitrator:

I. Any Dispute which the Parties are unable to resolve pursuant to Clause (A) within thirty (30) days of the written notification by one Party to the other of the existence of a Dispute shall be finally determined by arbitration in accordance with the provisions of the Indian Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment thereof. II. All arbitration proceedings shall be conducted in English language. For the purpose of such arbitration, both parties shall in good faith explore the possibility of agreement on a Sole Arbitrator and in case of failure of such mutual agreement on Sole Arbitrator, each party shall appoint one arbitrator and both appointed arbitrator shall appoint third arbitrator. The Arbitral tribunal shall decide any such dispute or claim strictly in accordance with the governing law specified below. The arbitration shall be conducted in accordance with the provisions of Indian Arbitration and Conciliation Act, 1996. III. The venue of arbitration shall be Mumbai, India. The Award may include an award of costs. Each Party shall bear their respective expenses in relation to the arbitration and the eventual liability for the costs shall be in terms of the arbitral award. IV. Notwithstanding of arbitration in respect of such dispute, the parties shall continue to perform their respective obligations under this Agreement without prejudice to the final determination/ Award in respect of such dispute.

C. Decision/ Award:

Any decision or Award of the Arbitrator appointed pursuant to this clause shall be final and binding upon the parties.

D. Governing Laws/ Jurisdiction:

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This Agreement shall be governed by and construed in accordance with Laws of India. Each of the Parties hereto irrevocably submits to the sole and exclusive MXULVGLFWLRQRIWKH&RXUWVDW0XPEDL,QGLDµ

In case 1 st Option is not acceptable then:

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Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under LCIA India Arbitration Rules, which Rules are deed to be incorporated by reference into this clause.

The number of arbitrator shall be three. The seat or arbitration shall be Mumbai, India. The language to be used in the arbitration shall be English. The governing law of the contract shall be the substantive law of India.

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Any dispute arising out of or in connection with this contract, including any question regarding is existence, validity or termination, shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of Singapore International Ar ELWUDWLRQ&HQWUH ´6,$&5XOHVµ IRUWKHWLPH being in force, which rules are dimed to be incorporated by reference in this clause.

The Tribunal shall consist of one arbitrator. The language of the arbitration shall be English.

This contract is governed by the Laws of India.

1.2 INSTRUCTIONS TO BIDDERS FOR E-TENDERING:

a) 7KH ELGGHU LV UHTXHVWHG WR GRZQORDG WKH WHQGHU IURP %3&/·V H -tendering website https://bpcleproc.in & participate in the tender as per the instructions given above & herein, on or before the due date & time of the tender. The tender available on the BPCL website can be downloaded for reading purpose only. For participation in the tender, please fill up the tender online on the e-tender system available on https://bpcleproc.in .

b) For registration on the e-tender site https://bpcleporc.in bidder needs to download the User Instruction Manual from the site & read it. They shall have to select ´(QUROOPHQWµ DQG FRPSOHWH WKH ´6XSSOLHU 5HJLVWUDWLRQ )RUPµ E\ ILOOLQJ LQ DOO WKH information correctly. Kindly remember the login id, password entered therein. After completing this process, system will generate an e-mail wherein a system generated ´&KDOOHQJH3KUDVHµZLOOEHPDLOHGWR\RXWRFRPSOHWHEDODQFHUHJLVWUDWLRQSURFHVV

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c) As a pre-requisite for participation in the tender, bidders are required to obtain a valid Digital Certificate of Class III and above as per Indian IT Act from the licensed Certifying Authorities operating under the Root Certifying Authority of India (RCIA), Controller of Certifying Authorities (CCA). The cost of obtaining the digital certificate shall be borne by the Bidder. In case any Bidder so desires, he may contact our e- procurement service provider M/s. E-Procurement Technologies Ltd., Mumbai (Contact no. 022 65354113, 022 65595111) for obtaining the digital signature certificate. Please note that generally, it takes 5 working days for obtaining a digital certificate after the submission of all required documents/fees. Non availability of Digital &HUWLILFDWHVKDOOEHFRQVLGHUHGDVWKHELGGHU·VUHJUHW

d) Corrigendum/amendment, if any, shall be notified on the site https://bpcleproc.in. In case any corrigendum/amendment is issued after the submission of the bid, then such Bidders who have submitted their bids, shall be intimated about the corrigendum /amendment by a system-generated email. No written communication will be circulated. It shall be assumed that the information contained therein has been taken into account by the Bidder. They have the choice of making changes in their bid before the due date & time.

e) Bidders are required to submit their bid online on or before the due date and time of closing of the tender as depicted in this document. Bidders shall have to log on to the website (https://bpcleproc.in) for submitting their bid. The system time (IST) that will be displayed on e-Procurement web page shall be the time considered for determining the expiry of due date & time of the tender & no other time shall be taken into cognizance. Bidders are advised in their own interest to ensure that their bids are submitted in e-Procurement system well before the closing date and time of bid. If the Bidder intends to change/revise the bid already entered, he may do so any number of times till the due date & time of submission deadline. However, no bid can be modified after the deadline for submission of bids. Once the entire process of submission of RQOLQHELGLVFRPSOHWHWKH%LGGHUVDUHUHTXLUHGWRJRWRRSWLRQ¶RZQELGYLHZ·WKURXJK dashboard & take the print of the envelope receipt as a proof of submitted bid.

f) Bids/Offers shall not be permitted in e-procurement system after the due date/time of tender. Hence, no bid can be submitted after the due date & time of submission has elapsed.

g) No manual bids/offers along with electronic bids/offers shall be permitted.

h) Once the/PQ Bid/technical (or) un-priced bids are opened, bidders can see the list of Bidders who have participated in the bid by logging on to the portal under their user ,'DQGSDVVZRUG FOLFNLQJRQ´2WKHU%LGVµYLHZ6XEVHTXHQWO\LQFDVHWKHSULFHELGV are opened in E Tendering platform, Bidders can see the rates quoted by all the participating bidders using the same option.

i) No responsibility will be taken by BPCL &/or the e-procurement service provider for any delay due to connectivity & availability of website. They shall not have any liability to Bidders for any interruption or delay in access to the site irrespective of the cause. It is advisable that Bidders who are not well conversant with e-tendering procedures, start filling up the tenders much before the due date/time so that there is sufficient time available with him/her to acquaint with all the steps & seek help if they so require. Even for those who are conversant with this type of e-tendering, it is

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suggested to complete all the activities ahead of time. It should be noted that the individual bid becomes viewable only after the opening of the bid on/after the due date and time. Please be reassured that your bid will be viewable only to you and nobody else till the due date/time of the tender opening. The non availability of viewing before due date & time is true for e-tendering service provider as well as BPCL officials.

j) BPCL &/or the e-procurement service provider shall not be responsible for any direct or indirect loss or damages & or consequential damages, arising out of the bidding process including but not limited to systems problems, inability to use the system, loss of electronic information etc.

k) In case of any clarification pertaining to e-procurement process, the Bidder may contact the following agencies/personnel: 1. For system related queries: (our e-tendering service provider, E-Procurement Technologies Ltd.) at contact no. 07940016868; email id: [email protected] Contact Persons : Mr. Ajay Nandangi : [email protected] 7208726400

2. For tender related queries: (BPCL CPO-Refineries) Mr. Sangram Sawant, Sr. Manager Procurement(CPO-R) Phone: 022-25524117 e-mail id : [email protected] OR Mr. Krishna Sankar R.S , Procurement Leader (CPO-Refineries) Phone: 022-25533133 e-mail id : [email protected]

Page 15 of 33 CRFQ NO 1000296703. E-Tender No.33670

ANNEXURE 3

BID ² QUALIFICATION CRITERIA (BQC)

1. Technical Criteria:

1.1 Bidder should be a manufacturer / supplier of Hydrogen Peroxide (H2O2).

1.2 In case bidder himself is not the manufacturer, but a dealer / trader, then authority letter / certificate from the concerned manufacturer(s) from whom the material is proposed to be procured and supplied, is to be submitted by the bidder.

1.3 Bidder should have supplied Hydrogen Peroxide to any Refinery / Petroleum Installation during the period of preceding 36 months from the date of the tender, with total quantity supplied as under:

1.3.1 For supply to Kochi refinery: Not less than 1000 MT in the said thirty six months or not less than 400 MT in any consecutive 12 months period within the said 36 months. 1.3.2 For supply to Numaligarh refinery: Not less than 120 MT in the said thirty six months or not less than 48 MT in any consecutive 12 months period within the said 36 months. 1.3.3 In case the bidder is submitting his offer for both the locations, i.e. KR & NRL: the bidder is required to meet combined criteria for both refineries, i.e. not less than 1120 MT in the said thirty six months or not less than 448 MT in any consecutive 12 months period within the said 36 months.

Bidder shall provide documentary evidence such as purchase order copy / letter from a competent authority to support this claim and also provide the contact details viz. address, e-mail and telephone/fax number of the concerned Authority in the Refinery.

2. Financial Criteria:

a. The bidder should have annual turnover of not less than the following (to be supported by audited / certified P&L a/c statement): 2.1.1 For supply to Kochi Refinery (E-tender no: 33669): Average annual turnover of the bidder during the preceding three financial years should be not less than Rs. 120 Lakhs.

2.1.2 For supply to Numaligarh Refinery (E-tender no: 33670): Average annual turnover of the bidder during the preceding three financial years should be not less than Rs. 14.40 Lakhs.

Page 16 of 33 CRFQ NO 1000296703. E-Tender No.33670

2.1.3 In case the bidder is submitting his offer for both the refineries against (E-tender no: 33669) and (E-tender no: 33670), the average annual turnover of the bidder during the preceding three financial years should be not less than Rs. 134.40 Lakhs.

b. The net worth as per the latest audited annual report shall be positive (to be supported by audited/ certified, balance sheet / statement of assets & liabilities.

Note to Bidders: - Bidder should ensure submission of complete information/ documentation in the first instance itself. Qualification may be completed based on the details so furnished without seeking any subsequent additional information.

- Bidder shall submit all relevant documents of their proven track records and satisfactory performance by giving detailed reference (email address/ contact details) of end user(s). BPCL shall have the right to obtain feedback directly from any or all end user(s) about performance of the system installed at their location.

- If bidder presents the annual turnover in any currency other than USD, the TT -selling rate of State Bank of India (SBI) as on the date of opening of unpriced bid, shall be considered for conversion.

INTEGRITY PACT / HOLIDAY LISTING DECLARATON : Bidder is required to VXEPLWLQWHJULW\SDFWGXO\ILOOHGVLJQHG VWDPSHGZLWK&RPSDQ\VHDODQGDOVR¶1,/· Holiday Listing Declaration duly signed. Bidder failing to submit the above shall be liable for rejection.

Documents to be submitted: - Company profile indicating organization structure of bidding entity.

- Audited Profit and Loss statement and Balance sheet for the preceding three financial years.

- Vendor/Bidder to submit copies of purchase/ work order containing the item description, ordered quantity, proof of supply of the item in support of both the above vendor qualification criteria. 3. Requirement regarding BQC/techno-commercial documents (for Indian bidders only): Copies of BQC/techno-commercial documents submitted for this tender shall be duly verified with originals & attested by any one of the following independent third party inspection agency (TPIA) duly approved by BPCL : SGS /GLISPL / IRS / DNV / LRIS / EIL /TATA Projects / PDIL / UIPL / RITES LTD / ITSIPL.

All charges of the third party for verification & attestations shall be borne by the Vendors.

Vendor has to upload the duly verified & attested documents along with the respective

Page 17 of 33 CRFQ NO 1000296703. E-Tender No.33670

TPIA verification certificates (draft attached) duly signed & stamped by authorized signatory of TPIA before the due date of submission of the bids. An undertaking note from the vendor as per the attached draft shall also be uploaded as a part of the BQC/Techno-commercial bid as the case may be.

BPCL reserves the right not to consider the offer on account of non-compliance regarding submission of BQC/techno-commercial related documents duly verified by the TPIA.

TENDERING METHODOLOGY & METHODOLOGY FOR AWARD OF CONTRACT: Supply of Hydrogen Peroxide to BPCL- Kochi refinery, Numaligarh Refinery are grouped in 2 packages as below:

PACKAGE LOCATION DETAILS SUPPLY OF HYDROGEN PEROXIDE AT BPCL ² KOCHI PACKAGE-1 REFINERY (KR) SUPPLY OF HYDROGEN PEROXIDE AT NUMALIGARH PACKAGE-2 REFINERY (NRL)

x Bidders can bid for any package or any combination of packages, i.e. for both the locations by quoting in the e-tenders.

x Unpriced bids (BQC, technical and commercial) shall be opened first and evaluated.

x Based on Techno commercial evaluation, price bids of qualified bidders for respective packages shall be opened one after other in the following sequence

x Price bids of techno-commercially qualified bidders of Package- 1-SUPPLY OF HYDROGEN PEROXIDE for KR will be opened first and evaluated. The price bid of L1 bidder of package 1(KR) will be opened for package 2 (NRL) only if the bidder meets the combined financial & technical criteria as mentioned in clauses 1.3.3 and 2.1.3 respectively.

x Price bids of techno-commercially qualified bidders of Package-2- SUPPLY OF HYDROGEN PEROXIDE FOR NRL will be opened next and evaluated. 4.

Page 18 of 33 CRFQ NO 1000296703. E-Tender No.33670

ANNEXURE Z TECHNICAL SPECIFICATIONS

HYDROGEN PEROXIDE

SR. PARAMETERS SPECIFICATIONS NO. 1 Color and Appearance Clear, colorless liquid free from suspended impurities and dust particles.

2 Strength (%w/w) 50 min

3 Stability (ml. Oxygen per minute 0.3 max per 25 ml at 100 degree C.

4 Acidity as (H2SO4) (gm/100 ml) 0.015 to 0.030

5 Residue on evaporation (gm/100 0.20 max. ml) 6 Residue on ignition (gm/100 ml) 0.05 max.

7 Iron (as Fe) (gm/100 ml) 0.0001 max.

8 Copper (as Cu) (gm/100 ml) 0.00001 max.

9 Lead (as Pb) ppm 10 max.

10 Arsenic (as As203) ppm 2 max.

NRL TERMS & CONDITIONS

1. Vendor: Manufacturer or authorized trader/ distributor of manufacturer. In case authorized distributor, they must submit manufacturer's name and source of supply & Dealership certificate. The same is to be followed at the time of supply.

2. The bidder may intimate the alternate source of supply at the time of offer (if applicable) in case of principal manufacturing plant shutdown (that leads to failure to meet delivery schedule).

3. To submit at the time of delivery: Test certificate, shelf life certificate with each consignment.

4. Shelf life of the material is to be indicated for confirmation of delivery schedule for supply.

Page 19 of 33 CRFQ NO 1000296703. E-Tender No.33670

5. Tentative Delivery schedule: Staggered manner based on shelf life and available storing space.

6. Delivery time is to be indicated at the time of offer i.e. time required from intimation by NRL till delivery at NRL site (for first supply & subsequent supply) Packing: 30-35Kg Jerican to facilitate handling and should be suitable for Protection from Sun light. The packing should be sealed and leak proof.

8. Weighment & Analysis: Our weighment & quality testing at refinery premises will be final for receipt of materials/payment. Tolerance of (+/-) 0.5% shall be accepted.

9. MSDS /TREM Card: MSDS/TREM Card are required to be carried along with each tanker and instruction of safety must be followed strictly by the transporters.

10. PPEs: The drivers/khalasis must carry proper personal protective equipment (PPE) related to industrial safety, with each tanker and wear the same during unloading of the material from tanker. It is mandatory at NRL to use PPE during handling of hazardous chemicals inside refinery premises.

11. The payment will be made as per actual concentration of the material tested at NRL-Numaligarh Laboratory. The material supplied should meet 50% concentration (+/- 0.5%). In case supplies received are below concentration of 50% (+/- 0.5%), proportional deduction in payment will be made.

12. In case supplies received are below 45% concentration, an entire load will be rejected and the same shall be replaced by the vendor immediately. Vendor shall be required to take back the entire load free of cost at no additional cost / risk to NRL-Numaligarh refinery and have no claim on the rejected material whatsoever it may be, including transportation cost.

Page 20 of 33 CRFQ NO 1000296703. E-Tender No.33670

ANNEXURE - A

AGREED TERMS & CONDITIONS

(EACH POINT MUST BE CONFIRMED/COMMENTED UPON AND MUST BE SUBMITTED ALONG WITH TECHNICAL BID) S. Tender Requirement 9HQGRU·VFRQILUPDWLRQ No. acceptance/comments to be mentioned for each item A TECHNICAL:

1 The bidder shall be a reputed manufacturer of Hydrogen Peroxide. 2 Bidder wishing to supply to NRL: Not less than 120 MT in the said thirty six months or not less than 48 MT in any consecutive 12 months period within the said 36 months.

Bidder wishing to supply to both Kochi (e-tender no: 33669) and NRL (e-tender no: 33670) to meet combined criteria for both refineries, i.e. not less than 1120 MT in the said thirty six months or not less than 448 MT in any consecutive 12 months period within the said 36 months. 3 Confirm that the offer has been submitted strictly as per the enquiry.

4 Vendor to confirm that the physical and chemical properties of the material have been indicated in their quotation, as per Technical Specifications in Annexure Z. 5 Confirm that there is no technical deviation and specification of offered product is same as per tender specification. 6 Quality Commitment: Material supplied will meet the technical specification as agreed to. B. COMMERCIAL 1 Confirm that you are meeting Pre Qualification criteria and proof as required is attached. 2 &RQILUPWKDW%3&/·V 15/·V,QWHJULW\SDFWLV duly signed and submitted by you as per requirement. 3 Indicate the quoted currency.

Page 21 of 33 CRFQ NO 1000296703. E-Tender No.33670

4 Indicate Country of Origin of goods offered 5 Confirm that the prices are given strictly as per Price Schedule. 6 Details of Packing of goods offered. 7 For Indian Bidders : Indicate basis of quoted prices. (Ex-Works/ FOR Despatch point/ FOR Destination/ free delivery at site) - 8 For Foreign Bidders.: NOT APPLICABLE Confirm whether FOB and CFR prices have been indicated in the offer, with gate way port of exit.-

9 Charges to shipping agencies shall be borne by the NOT APPLICABLE vendor, if order is placed on CFR basis. 10 Bidder shall be required to deliver the products within 3 weeks of Call offs.

This shall be reckoned from the date of Purchase order/Call Off order issued by respective refinery P&CS Dept. 11 Confirm that the Prices shall be FIRM till complete execution of the order. 12 Confirmation that the quoted prices are valid for acceptance upto 90 days from the due date / extended due date of tender.

13 On account of exigencies, if the bidder is requested to extend the validity of their offer, the same should be extended without any deviation including change in price. 14 For Indian Bidders: If GST is presently not applicable, confirm whether the same will be borne by you in case it become leviable later. Also pl give reasons for non application of GST. 15 For Indian Bidders: Wherever GST CREDIT can be availed by BPCL, GST shall be reimbursed by BPCL after receipt of proper documents to avail GST credit. 16 For Indian Bidders: Statutory variation in GST tax rate (including CGST ² SGST or IGST during contractual delivery period shall be to BPCL account. Any increase in WKHUDWHRI*67EH\RQG&''VKDOOEHWRYHQGRU·V account. Any increase in the rates of GST beyond the contractual completion date or approved extended contractual completion date will be borne by BPCL to the extent GST credit documents are passed on to BPCL and BPCL is in

Page 22 of 33 CRFQ NO 1000296703. E-Tender No.33670

a position to get the GST credit claim from the authorities. However, the benefit of any reduction must be passed on to BPCL. 17 Prices quoted shall exclude transit insurance charges as the same shall be arranged by BPCL. 18 For Indian Bidders: Confirm that all Bank charges and Stamp Duties shall be borne by the bidder.

For Foreign Bidders: Confirm that all bank charges & stamp duties NOT APPLICABLE overseas , if any, are included in the price, & only bank charges/stamp duties, if any, in India to be borne by BPCL. 19 For Foreign Bidders: NOT APPLICABLE Confirm that all taxes, duties & levies of any kind upto port of shipment shall be borne by supplier . 20 Confirm acceptance of NRL ·VC General Purchase &RQGLWLRQV· *3& LQWRWR 21 ,QFDVHRIGHYLDWLRQUHVHUYDWLRQVHWFWR%3&/·V GPC & tender conditions, confirm that the same has been given in separate Deviation sheet as desired & deviations/reservations/notes/ comments etc., given elsewhere in the offer shall not be considered. 22 Confirm acceptance of part order without any stipulation of minimum order value/quantity. 23 Confirm acceptance of repeat purchase order with the same rate & terms & conditions within 12 months from the date of original purchase order. 24 Acceptance to price reduction for delay in delivery beyond contractually agreed schedule @ ,% of undelivered order value per week of delay or part thereof, subject to a ceiling of 5% of total RUGHUYDOXHDVSHU%3&/·V*3& In case this point is not accepted by the vendor, loading shall be done as per Evaluation Clause of Special conditions. 25 Payment term : For Indian Bidders : Confirm that payment term shall be 100% within 30 days of receipt and acceptance of material at site. For Foreign Bidders: 100% payment by Cash against documents within 30 days from the date of B/L. OR through Letter NOT APPLICABLE of Credit within 30 days of submission of documents.

Page 23 of 33 CRFQ NO 1000296703. E-Tender No.33670

For any other payment terms necessary loading shall be done on the quoted price as per UHVSHFWLYHFODXVHXQGHU´(YDOXDWLRQEDVLVµ

26 Performance Bank Guarantee (PBG) : Confirm that you will furnish performance guarantee bond for 10% of order value by way of Bank Guarantee in the prescribed format from any Scheduled Indian Bank as per General Purchase Conditions (GPC) and as per format of PBG attached. In case BG is furnished by any foreign bank, the same shall be countersigned by Indian Branch of the Foreign Bank, which should be a scheduled bank as per RBI or by any Indian Scheuled Bank

The PBG should be valid for a period calculated as Delivery Period + 12 months + 6 months claim lodging period and shall be furnished within 15 days of PO. The PBG should be sent to us directly by your Banker. In case this point is not accepted by the vendor, the bid is liable to be rejected.

27 Indicate relationship with any of our Directors.

28 Please confirm you have filed declaration in Holiday Listing attachment. In case you have been been banned or delisted by any Government or Quasi Government agencies or PSUs, this should be clearly stated in the declaration. If this declaration is not furnished, the bid shall be rejected as non-responsive. 29 You are requested to furnish the following information for e-payment:

a) Name of the vendor/contractor party

b) Account No. of the party

c) Bank & Branch Name where the above account is maintained

d) Type of account (current/saving/cash credit A/c)

e) Branch code of the above bank branch ² For Indian Bidders

Page 24 of 33 CRFQ NO 1000296703. E-Tender No.33670

f) IFSC code / MICR code of the above branch. ² For Indian Bidders

g) SWIFT Code. ² For Foreign Bidders . 30 For Indian Bidders: If the items are covered under DGS&D rate contract, confirm that a copy of rate contract is enclosed with your offer. 31 YES / NO If Yes, Pl submit Notarized copy of all the pages of the EM-II certificate issued by the appropriate authorities mentioned in the Public Please confirm, whether your company is Micro procurement policy of MSEs-2012 and Small Enterprises (MSEs) and MSEs owned and Vendors declaration on a duly by Scheduled Caste (SC) or the Scheduled tribe notarized Rs.100 stamp paper (ST) entrepreneurs. stating that, in the event of award of contract, all the ordered supplies shall be made from the unit for which MSE certificate has been submitted. 32 In terms of Section 8 of The Micro, Small and Medium Enterprises Development Act (MSMEDA), 2006 , eligible bidders is requested to submit a copy of the relevant memorandum/ notification issued by authority notified by the State Government or Central Government & by medium enterprises with the authority notified by the Central Government, i.e., General Manager, District Industries Centre or any District Level Officer of equivalent rank in the Directorate or the Department dealing with micro, small & medium enterprises of the State Government or the Union Territory Administration, along with the offer for availing the privileges. 33 For Foreign Bidders: NOT APPLICABLE Direct offer without the intermediary of an Indian Agent only will be considered. 34 In case BPCL decides to obtain the prices through Reverse Auction Process (RA), e-sealed price bids will not be opened , and tender would be finalized based on results of the RA. Vendor to confirm acceptance. Yours faithfully, 3ODFH«««« For and on behalf of

'DWH«««« Signature & seal of the vendor

Page 25 of 33 CRFQ NO 1000296703. E-Tender No.33670

(Indian bidders) ANNEXURE- B PRICE SCHEDULE (UNPRICED BID)

QUOTATION FOR SUPPLY HYDROGEN PEROXIDE (H2O2) AT NRL-NUMALIGARH REFINERY

Bidder offer ref. no.: ______Dated :

CRFQ No. 1000296703 E-Tender no: 33670

QUOTED CURRENCY: INR. UOM: MT

Description NRL HYDROGEN PEROXIDE (H2O2) Product name

QUANTITY (MT) 120 MT TO BE INDICATED IN BASIC UNIT RATE: INR/MT PRICE BID

Packing and forwarding charges (% of basic price) GST : (please specify in %) a) IGST (%) b) CGST / SGST (%)

Freight (% of basic price)

HSN Code no.

Invoicing Location:

Transit Insurance Charges BY NRL

Packing Details :

Place of Dispatch :

Destination : NRL-Numaligarh Refinery,

We have gone through the details of the terms & conditions of M/s. Bharat Petroleum Corporation Ltd (CPO - Refineries) for this tender and we agree to abide by the same.

Yours faithfully,

Page 26 of 33 CRFQ NO 1000296703. E-Tender No.33670

Place: ______

Date: ______For and on behalf of Signature & seal of the vendor

Page 27 of 33 CRFQ NO 1000296703. E-Tender No.33670

Annexure-C

List of Deviations to the tender document:

SR.No. / Reference Clause of Tender Deviation Annexure Document

Yours faithfully, For and on behalf of

Signature & seal of the vendor

Page 28 of 33 CRFQ NO 1000296703. E-Tender No.33670

ANNEXURE ²D

PROFORMA OF DECLARATION OF BLACK LISTING/HOLIDAY LISTING

In the case of a Proprietory Concern: I hereby declare that neither I in the name of my Proprietary concern M/s. ______which is submitting the accompanying Bid/Tender nor any other concern in which I am proprietor nor in any partnership firm in which I am involved as a Managing Partner have been placed on black list or holiday list declared by Bharat Petroleum Corporation Limited or its Administrative Ministry, except as indicated below:

+HUHJLYHSDUWLFXODUVRIEODFNOLVWLQJRUKROLGD\OLVWLQJDQGLQDEVHQFHWKHUHRIVWDWH´1,/µ .

In the case of a Partnership Firm We hereby declare that neither we M/s. ______submitting the accompanying Bid/Tender nor any partner involved in the management of the said firm, either in his individual capacity or as proprietor of any firm or concern have or has been placed on black list or holiday list declared by Bharat Petroleum Corporation Limited or its Administrative Ministry, except as indicated below:

(Here give particulars of black listing or holiday listing and in absence thereo IVWDWH´1,/µ 

In the case of Company We hereby declare that we have not been placed on any holiday list or black list declared by Bharat Petroleum Corporation Limited or its Administrative Ministry, except as indicated below:

(Here give particulars of EODFNOLVWLQJRUKROLGD\OLVWLQJDQGLQDEVHQFHWKHUHRIVWDWH´1,/µ 

It is understood that if this declaration is found to be false in any particular respect, Bharat Petroleum Corporation Limited or its Administrative Ministry, shall have the right to reject my/our bid, and if the bid has resulted in a contract, the contract is liable to be terminated.

Yours faithfully, 3ODFH«««« For and on behalf of

'DWH««««

Signature & seal of the vendor

Page 29 of 33 CRFQ NO 1000296703. E-Tender No.33670

Annexure : E

)250$7)25%,''(5·6,1)250$7,21

1 Name of Bidder

2 Address for Communication

3 General contact details viz. e mail address, telephone no., & fax no. 4 Whether bidder is a manufacturer OR dealer/trader, for items under this tender 5 Type of Organisation: Government Dept./Public Sector Undertaking/Public Limited Company/ Private Limited Company / Partnership/ Propreitorship Others (Pl. specify) 6 Location of Registered Office , in the case of Company 7 Residential status : Indian or Non- resident;

8 Indian Income Tax PAN Number: (Note : In case where Indian Income Tax Deduction at Source is applicable, non- availability of PAN Number will entail a higher deduction) 9 In case non-resident, whether the bidder is having any Permanent Establishment in India, through which business transactions in India are carried out.

10 IN CASE BIDDER IS A MANUFACTURER FOR ITEMS UNDER REFERENCE : 10.1 Address of Factory: 10.2 Central Excise Registration Number(For Indian bidders) 10.3 Service Tax Registration Number , if any (For Indian Bidders) 10.4 Sales Tax / VAT / CST Registration Number(For Indian Bidders)

Page 30 of 33 CRFQ NO 1000296703. E-Tender No.33670

11 IN CASE BIDDER IS A DEALER / TRADER / SERVICE PROVIDER FOR ITEMS UNDER REFERENCE : 11.1 Central Excise Registration Number, if any(for issuing Cenvatable invoice under Cenvat Credit Rules) (For Indian Bidders) 11.2 Service Tax Registration Number, if any (For Indian Bidders) 11.3 Sales Tax / VAT / CST Registration Number (For Indian Bidders)

12 CONTACT 3(5621· S DETAILS: 12.1 Name & Designation 12.2 E-mail id 12.3 Telephone No.- Landline 12.4 Mobile Number. 12.5 Fax number

13 Average Annual Turnover of the business 14 Whether the bidder falls under the category of Micro & Small Enterprises(MSE) as per the MSME Policy of Govt. of India. If YES, whether proof for the same enclosed with the bid?

Page 31 of 33 CRFQ NO 1000296703. E-Tender No.33670

Annexure-F

PROFORMA OF BANK GUARANTEE (On non-judicial paper of appropriate value) FOR EARNEST MONEY To Bharat Petroleum Corporation Ltd. (CPO) Refineries Mumbai Refinery, Mahul MUMBAI 400074

Dear Sirs,

M/s. ______have taken tender for the supply of______for Bharat Petroleum Corporation Ltd.

The tender Conditions of Contract provide that the Bidder shall pay a sum of Rs. ______

(Rupees______)as earnest money / initial / full security deposit in the form therein mentioned. The form of payment of earnest money / security deposit includes JXDUDQWHH H[HFXWHG E\ 6FKHGXOH ¶$· %DQN XQGHUWDNLQJ IXOO responsibility to indemnify Bharat Petroleum Corporation Ltd. in case of default.

The said______have approached us and at their request and in consideration of the premises we______

______having our office at have agreed to give such guarantee as hereinafter mentioned.

1. We______hereby undertake and agree with you that if default shall be made by M/s. ______in performing any of the terms and conditions of the tender or in payment of any money payable to Bharat Petroleum Corporation Ltd. We shall on demand pay to you in such matter as to you may direct the said amount of Rupees______only or such portion thereof not exceeding the said sum as you may from time to time require.

2. You will have the full liberty without reference to us and without effecting this guarantee postpones for any time or from time to time the exercise of any of the powers and rights conferred on you under the contract with the said______and to enforce or to for bear from endorsing any power of rights or

Page 32 of 33 CRFQ NO 1000296703. E-Tender No.33670

by reason of time being given to the said which under law relating to the sureties would but for provision have the effect of releasing us.

3. Your right to recover the said sum of Rs.______(Rupees______) from us in manner aforesaid will not be affected or suspended by reason of the fact that any dispute or disputes have been raised by the said M/s.______and/or that any dispute or disputes are pending before any officer, tribunal or court.

4. The guarantee herein contained shall not be determined or affected by the liquidation or winding up, dissolution or change of constitution or insolvency of the said______but shall inall respects and for all purposes be binding operative units payment of all money due to you in respect of such liabilities is paid .

5. Our liability under this guarantee is restricted to Rupees______Our guarantees shall remain in force until______unless a suit or action to enforce a claim under this Guarantee is filed against us within six months from ______(which is date of expiry of guarantee) all our rights under the said guarantee shall be forfeited and shall be relieved and discharged from all liabilities thereunder.

6. We have power to issue this guarantee in your favour under Memorandum and Articles of Association and the undersigned has full power to sign & issue this under the Power of Attorney dated ______granted to him by the Bank.

Yours faithfully

______Bank by its Constituted Attorney :Signature of a person duly authorised to sign on behalf of the bank.

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^SV:C Q` .V CQI]:J7_ L D: V NUMALIGARH REFINERY LIMITED General Purchase Conditions (Indigenous) Definition :

1. QNRLR means QNumaligarh Refinery Limited.R 2. QVendorR means a Person or Firm or Company, to whom the order is addressed, for supply of goods and/or services. 3. Banker : Unless otherwise specified, NRLRs banker at Numaligarh shall be : State Bank of India, NRL Complex, P.O. NR Project, Pin : 785699, Dist. , Assam. Bank Code : 5377.

1. Price Basis Prices are to be quoted on FOT NRL Site, Numaligarh basis (or, FOT NRL Guwahati/New Delhi/Calcutta basis, as the case may be) showing break-up of taxes, duties, packing & forwarding, freight and transit insurance charges, (all in % age) . 2. Firm Price Quoted prices shall remain firm and fixed till complete execution of the order. 3. Payment Term Unless otherwise specified/agreed, the payment term shall be O100% within 30 days of receipt and acceptance of goods.P 4. Weights & All weights and measurements recorded by NRL on receipt of materials shall be Measurements treated as final and binding. 5. Qty. Tolerance For Steel Items, ± 0.5% qty. tolerance for weigh bridge scale variation or, std. rolling tolerance (as applicable) for sectional weight measurements shall be permissible. 6. Transportation Unless otherwise agreed upon, transportation of goods upto the specified destination shall be in vendorRs scope. 7. Despatch Unless otherwise specified, all LR/RR etc. must be in the name of Numaligarh Refinery Limited and not QSelfR. Any demurrage or wharfage paid by NRL to the carriers due to consignments being booked as QSelfR will be recovered from the vendor. No consignment shall be booked on QSaid to ContainR basis. If so, it will be at vendorRs own responsibility and risk. 8. Packing, All consignments must be securely and appropriately packed and should conform to Marking Standard Material Transport Regulations. The vendor will be held liable for any Shipping & damages to the goods due to insufficient or defective packing as well as for corrosion Documentation due to insufficient protection. Each package shall be clearly marked with indelible paint with the Purchase Order No. , From (Name & Add.), To (Name & Add.), Destination , Item Net & Gross Weight , Case No. (Sl. No. of Total Cases) & Dimensions , and shall contain copies of despatch documents and packing list. Details given in the O Packing, Marking, Shipping and Documentation Specification for Indigenous Materials P M wherever enclosed with a Purchase Order, shall be strictly followed. 9. Test Certificate Test certificate of representative samples conforming to PO specifications from the manufacturer/Govt. approved laboratory/NRL nominated agency must be furnished alongwith supplies. In case of 3 rd Party Inspection, the Inspection Reports must accompany all despatch documents as well as supplies. 10. Guarantee Vendor shall guarantee NRL against any and all defects in design, workmanship of material and performance for a period of 12 months from the date of commissioning/installation or 24 months from the date of last despatch, whichever expires first. Should any defects develop during the guarantee period, it should be remedied promptly free of cost by the vendor and all expenses for transportation of goods necessitated for such repairs or replacement shall be borne by the vendor. The guarantee period for such repaired/replaced goods shall again be 12 months from the date of commissioning/installation. 11. Insurance Transit insurance shall be in NRLRs scope only when specifically agreed upon. In such Charges cases, vendor shall intimate despatch details and value of goods in advance per fax for transit insurance coverage. 12. Bank Charges Unless otherwise specified, in case of payment through bank, respective bank charges shall be to respective account. 13. Offer Validity The vendorRs offer shall be valid for acceptance for a period of 90 days from the final due date of the enquiry.

Page 1 of 2 Page 2 of 2

[ NUMALIGARH REFINERY LIMITED General Purchase Conditions (Indigenous) ]

14. Taxes & Duties In case of applicability of Excise Duty (ED), relevant ED paid challan-cum-invoice must accompany supplies. For claiming Sales Tax, particulars of Sales Tax registration certificate shall be furnished alongwith invoices. Statutory variation in taxes & duties within the contractual delivery period shall be borne by NRL. However, in case of delay on a/c of vendor, any new or additional taxes & duties imposed after the contractual delivery date shall be borne by the vendor. NRLRs CST Regd. No. : GAU(C )/C-2705. PAN No. : AAA CN 6984B Excise Regd. No. : 1/CH-27/GLT(060202)/94; ECC : 060204001P; Excise Range : Golaghat M 1 (Assam); Division : Jorhat (Assam); Collectorate : Shillong (Meghalaya). 15. Delivery Period The delivery period quoted/agreed shall be strictly followed. Failing supplies in time, & Delayed NRL reserves the right to cancel the order and take alternative procurement action Delivery solely at the risk and cost of the vendor. In case of delay in execution of the order, NRL may at its option, recover from the vendor price reduction of 0.5% of the value of delayed goods per week of delay or part thereof subject to a maximum of 5% of the total order value of goods. 16. Repeat Order Repeat Order shall be acceptable to the vendor within 6 months from the date of the Basic Order at the same prices, terms & conditions as that in the Basic Order. 17. Part Order Part Order shall be acceptable to the vendor. However, the quantity mentioned in the enquiry documents for each item shall be ordered on one vendor. All applicable lumpsum charges, if any, shall be pro-rata on value basis. 18. Changes in NRL reserves the right to make changes at any time in quantities of items ordered or in Terms & specification and drawings. If such changes cause an increase or decrease in the Conditions amount due or in the delivery period, an equitable adjustment shall be made. Any claim for adjustment under this provision must be assessed within 10 days from the date when the changes are ordered. 19. Right of NRL reserves the unfettered right to reject any or all offers without assigning any Rejection reasons thereof. 20. Arbitration Any dispute whatsoever in any way arising out of or relating to a Purchase Order shall be referred to arbitration of the Chief Executive of Numaligarh Refinery Limited or, to the sole arbitration of some person nominated by him. There shall be no objection if the arbitrator so appointed happens to be an employee of NRL. The award of the arbitrator shall be final, conclusive and binding on all parties. 21. Jurisdiction Any dispute relating to the purchase of goods between NRL and vendor shall be subject to the jurisdiction of a Court of Law situated in the State of Assam. 22. Acceptance of In the event of order being placed, the vendor shall acknowledge receipt and Order acceptance in toto to the Purchase Order by signing and returning the duplicate copy within 10 days from the date of the order, failing which, the Purchase Order shall be deemed to have been accepted by the vendor in toto. 23. Distribution of Invoices and other original despatch documents in case of direct payment and advance Documents copies of despatch documents in case of throR Bank payments, shall be sent to the Finance, Commercial & Materials Deptt. of NRL individually. 24. Conflict among In case of conflict between these General Terms & Conditions and any other special or other Terms typed conditions agreed to for a particular Purchase Order, the latter shall prevail to the and Conditions extent applicable. 25. Non The Purchase Order shall not be assigned by the vendor to any other party without Assignment prior written permission from NRL. 26. Control Vendor shall arrange for supply and despatch in strict conformity with the control Regulations regulations applicable and after obtaining permits, if any, under the regulations in force from time to time. 27. Govt. Policy The existing policy of the Government of India with regard to Purchase Preference to Public Sector Enterprises shall be applicable.

*** PROFORMA OF BANK GUARANTEE FOR INDIGENOUS PURCHASE (PERFORMANCE)

This deed of Guarantee made this GGGGGGGGGGGGGG.day of GGGGG GGG. by GGGGG(Name of the bank) Company registered under GGGGGGGGGGGG and having its registered office at GGGGGGGGGGGGGGGGGGGGGGGGG.. and wherever the context so requires includes its successors and assigns (hereinafter called OThe SuretyP) for the favour of M/s Numaligarh Refinery Limited, a company under Public Sector, registered under Indian Companies Act of 1956 having its registered office at Lotus Tower, G.S. Road, Guwahati-781005 wherever the context so requires includes its successors and assigns (hereinafter called as OThe CompanyP).

WHEREAS

1. The Company has placed an Order No. .GGGGGGGGG. Dated GGGGGGGG (hereinafter referred to as Othe orderP) with M/s GGGGGGGGGGGGG a company registered under Indian Companies Act 1956 having its registered office at GGGGGGGG GGGGGGGGGGGGGGG.. and whereas the context so requires includes its successors and assigns (hereinafter called or referred to as Othe SupplierP.

2. Under the terms of the order, the Supplier is required to furnish the Company at his own cost a Bank Guarantee for an amount of Rs. GGGGGG.., being the amount equivalent to G GG percentage of the total value of the order for fulfilling the contract.

3. The Surety at the request of the Suppliers, agreed to issue Bank Guarantee in terms of the said order on behalf of the Supplier and the Company has agreed to accept the same. It is hereby stipulated and agreed that the Supplier shall repair or replace free of cost Equipment, Machinery, its parts and components found defective on account of workmanship or defective material or inferior manufacturer, as mentioned in Warranty and Guarantee Clause of the Order for period of GGGGG from the date of commissioning/installation OR from the date of delivery.

4. The Surety binds himself to pay to the extent of GGGGGGGGG. Rs. GGGGG.. in case of failure on the parts of the Supplier to perform this Guarantee provided the Company informs the Surety in writing to this effect.

5. Notwithstanding anything contained hereinafter the liability of the Surety in respect of this Guarantee is restricted to Rs. GGGGGG. (Rupees GGGGGGGGGGGGGGG only) and it will remain in force till GGGGGG. This Guarantee will remain in force upto GGGGGGGG.. in the first instance. However, if the contract for which this Guarantee is given is not completed or fully performed, the Surety (Bank) hereby agrees to further extend the Guarantee till such time as is required to fulfil the contract.

6. The Surety shall not be discharged or released from this Guarantee by any arrangement between the Company and the Supplier with or without the consent of the Surety or by any alteration in the obligation of the parties or by any indulgence, forbearance, whether as to payment, time performance or otherwise.

In witness whereof the said Surety Subscribed and set its name and seal hereupto GGGGGGG.. the day.

***

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