Tender for Preparation of Detailed Feasibility Report (DFR) for Pipelines from Mumbai Refinery (MR) & Uran to Rasayani,Dist.-Raigad,Maharastra
NOTICE FOR INVITING TENDER
Letter Ref: P&I.Rasayani.PL.DFR Date: 20.11.2017 Telephone No.: 022-22713000 Extn : 3374
Bid Submission Due Date & Time 04.12.2017 (15:00 Hrs) Unpriced Bid Opening Date & Time 04.12.2017 (15:30 Hrs)
M/s. Bidder
Dear Sir,
SUBJECT: (SINGLE BID / TWO PART BID):
Job: Detailed Feasibility Report (DFR) for Pipelines from Mumbai Refinery (MR) & Uran to Rasayani,Dist.- Raigad, Maharastra
We are pleased to invite your most competitive offer for the captioned item/job No P&I.Rasayani.PL.DFR in complete accordance with the tender documents attached herewith.
COMPLETION TIME: Overall SIX MONTHS from the date of issuance of LOI.
INTEGRITY PACT: Please ensure that Integrity Pact is signed on all the pages by the authorized signatory. This document is essential and binding.
1. Name of IEM Shri Brahm Dutt
2. IEM address 1/8 Safdarjung Enclave, New Delhi - 110 029
E MAIL: [email protected] 3. IEM mobile no
MOB NO: 09871920282 4. Name of procuring Abhishek Singh officer Team Member (Infra Task Force), West Bharat Petroleum Corporation Limited Planning & Infrastructure Deptt. 5. Procuring officer office Bharat Bhavan-I, 3rd Floor, address 4 & 6, Currimbhoy Road, Ballard Estate, Mumbai – 400 001 6. Procuring officer 022-22713000 Extn : 3374 landline number 7. Procuring officer mobile E MAIL : [email protected] number MOBILE NO: +919920740428
DEVIATIONS: Bidder to note that any exceptions or deviation to the tender documents is necessarily to be recorded in the deviation statement attached in the e-tender. Any exceptions/deviations brought out elsewhere in the bid shall not be considered. You may submit your deviation sheet in E tender against deviation sheet envelope.
E-BID SUPPORT & SUBMISSION OF BIDS
Bids are to be submitted online only at site https://bpcleproc.in/. Bids received in any other form shall not be accepted. For viewing details including EMD, specs, on-line bidding please visit our website https://bpcleproc.in/. BPCL reserves the right to extend price / purchase preference as per prevailing guidelines of Government of India.
E-Tender shall be submitted online on our service providers’ website, our service provider is E- procurement Technologies Ltd and for any clarification vendor may get in touch with us or [email protected] or [email protected].
Bidder to go through all tender documents and upload the same against ‘Tender document’ by accepting the same in e-tendering portal. Any clarification regarding the work can be had from concerned on any working day during normal working hours.
Bidder shall study the tender document carefully and understand the conditions etc. before quoting. If there are any doubts, he shall obtain clarification from OWNER. Bidders’ non- understanding of the tender document / ignorance shall not be entertained nor shall be treated as basis for legal argument prior to award or at a later date of award.
Should Bidder find discrepancies or if the intent and meaning of any of the tender documents appears unclear or ambiguous, Bidder should refer the matter to OWNER for clarification.
BID CLARIFICATIONS & ADDENDA
Addressee
All questions and requests for clarifications or interpretations related to tender documents shall be addressed in writing to:
Mr. Abhishek Singh Team Member (Infrastructure Task Force), West Bharat Petroleum Corporation Limited Planning & Infrastructure Department 3rd Floor, Bharat Bhavan-I 4 & 6, Currimbhoy Road, Ballard Estate, Mumbai – 400 001 Phone No. – 022 2271 4466 Email – [email protected]
Addenda
Addenda to the tender enquiry may be issued at any time prior to the closing date fixed for receiving Bids, to vary either the Bid period or any part of the tender documents. Integral Part of Tender
All addenda are to be considered as an integral part of the tender enquiry.
Bidder to Confirm
Bidder is required to take account in its Bid of all addenda received during the Bid period and confirm in its Bid.
Validity of offer would be 4 months from the date of opening of un-priced bid.
OWNER reserves the right to reject any or all offers in total or part without assigning any reason whatsoever.
EARNEST MONEY DEPOSIT (EMD)
Scanned copy of the EMD in form of DD / Bank Guarantee in the prescribed format should be submitted on e-procurement portal https://bpcleproc.in/ of BPCL. However, the original hard copy of Bid Security / EMD, which shall exactly be the same as uploaded on e-procurement portal https://bpcleproc.in/ of BPCL, shall reach BPCL Mumbai office within SEVEN (7) days from date of opening the bid, otherwise the offer will be rejected / not considered for further evaluation.
Offers without EMD shall be rejected. On award of the contract, this shall be refunded to the contractor without any interest.
"However, this clause is not applicable to the Contractors/Vendors registered with Bharat Petroleum Corporation Limited".
PROJECT IN BRIEF
BPCL envisages to lay following pipelines to Rasayani, District Raigad, Maharashtra for its proposed petroleum infrastructure at Rasayani. The tentative details of pipelines for DFR study are as below:
S.N. Pipelines for DFR Tentative throughput For preliminary assessment (*) 1 Propylene Pipeline from Mumbai Refinery (MR) to 0.60 MMTPA Rasayani 2 Ethylene Pipeline from Mumbai Refinery (MR) to 0.08 MMTPA Rasayani 3 Multiproduct Pipeline (MS/HSD/SKO/ATF/Naptha) 4.50 MMTPA from Mumbai Refinery (MR) to Rasayani 4 Lube Oil/ Unconverted Oil Pipeline from Mumbai 1.50 MMTPA Refinery (MR) to Rasayani 5 Dedicated Naphtha Pipeline from Mumbai Refinery 1.50 MMTPA (MR) to Rasayani 6 Propane Pipeline from Uran LPG plant to Rasayani 1.00 MMTPA (*) The design throughput will be provided upon award of the job. (Vendor to note that in online price bid all items are to be quoted, However BPCL may award/may not award for DFR of item no. 5 at its sole discretion.)
Tentative route length for pipeline from Mumbai refinery to Rasayani is approximately 46 kilometres. The preliminary pipeline route encompasses offshore & on shore portion. As per preliminary data, the length of onshore pipeline is approx. 34 kilometres & for offshore 12 kilometres. A tentative route is briefly described below. As a part of DFR, consultant will be required to recommend & prepare detailed feasibility report for the best suited option. a) Mumbai Refinery (MR) to Land Fall Point (LFP) 1-(Approx 6 Km) The pipeline route will cross some internal nallahs and drains & after pipeline crosses Refinery boundary wall it enters in to MbPT pipeline manifold area crossing TATA road. In MbPT area the pipeline shall be above ground on the trestle to reach LFP -1 . b) LFP1 to LFP2-(Approx 12 Km) The pipeline shall be laid underground subsea in available corridor between existing Reliance 4” Naphtha pipeline and BPCL’s MUPL 10” pipeline upto LFP-2. There are forest and mangrove on both the sides of Subsea portion. c) LFP2 to Rasayani-(Approx. 28 Km) From LFP-2 the pipeline traverses around internal roads, SH & NH ROW and reaches Rasayani.
Pipeline route from Uran to Rasayani will shared subsequently.
SCOPE OF WORK
A. DFR for pipelines from Mumbai Refinery & Uran to Rasayani,Dist. –Raigad, Maharastra
A.1 Consultant’s scope of work shall take care of the following minimum requirements inclusive of but not limited to the following:
1. Survey in offshore & On shore portion and soil investigation tender will be finalised and executed by BPCL through competent vendors. However, consultant’s scope will include the field visit of total route proposed by survey vendor & evaluating the proposed alternative routes for selection of best route for pipeline laying.
2. Consultant shall also consider feasibility of pipeline laying in underground/over ground on pedestal/trestle. The cost estimate should include cost towards strengthening of any existing pedestal/ structure/ trestle etc . DFR should elaborate about efficacy of any existing trestle on which pipeline is proposed to be routed.
3. Carrying out review of documents generated by the agency which has carried out the survey and finalizing the grouping of pipeline for laying in offshore & on shore route.
4. Finalisation of Design Basis.
5. Optimization of pipeline system for economical option, i.e. pipeline size optimization with minimum 2 alternate sizes including cost comparison, grade & wall thickness optimization, pumping configuration etc.
6. Finalization of dispatch facilities including pumping station etc. at Mumbai refinery & Uran and receipt facilities including manifold etc. at Rasayani.
7. Design of pumping system for each individual product & finalization of optimization of pumping system including MOC of pumps.
8. Calculation of batch sizes for pipelines operation in case of multi grade/ multi product operations.
9. Process design package, preparation of hydraulic gradient for the chosen route option including considering drag reducing agent also.
10. Preliminary surge analysis based on the hydraulics, pump requirement derived from hydraulics, SV, IP stations envisaged etc.
11. Process package shall include but not limited to the following:
Basic design (Sizing & Capacity) Batch study (Batch Sizing) P&IDs and data sheets for costing i.e. detailed estimate purpose Basic CP system design Process description Equipment list for costing purpose Operating philosophy Utilities requirements at various stations Layout inside Mumbai Refinery (MR)/Uran for dispatch facility. Hydraulic gradient assessment including preliminary surge analysis identifying surge locations & considering preventive measures including its cost estimate
The following back-up papers need to be submitted by consultant:
Basis and detailed calculations of batch sizing, handling of interface P&IDs (Preliminary) Report of pipeline size optimisation, grade and wall thickness optimisation and pumping configuration Hydraulic gradient and preliminary Surge analysis report
A.2 Engineering
Consultant’s scope under engineering shall include the following, broad enough to cover the requirements of DFR study. All local data i.e. seismic/metrological data etc. shall be taken by consultant from metrology /relevant IS codes.
1. Finalisation of area requirement for various pumping stations, SV / CP stations, pigging station.
2. Identification of various canal, road, UG/AG utilities and rail crossings and details of crossing methodology.
3. Analysis of submarine route considering chart datum etc. and other nearby pipelines/utilities.
4. Preparation of basic electrical scheme, single line diagram and load list for SV, IP, dispatch and receipt stations.
5. Basic specification for major equipment like pumps, motors, valves, etc. to be provided.
6. Basic design & philosophy of fire fighting system for connected materials.
7. Basic scheme for optic fibre based telecommunication system, CCTV & video conferencing system.
8. SCADA & APPS philosophy for leak detection.
9. Interface detection system, pipeline condition monitoring system & Intrusion detection system
10. Power supply & CP system basic scheme.
11. Size and cost of various Civil & Mechanical structures like Control Room, Pump House, Electrical Substation and Repeater Rooms in SV & IP stations.
12. Consultant to identify and incorporate any other facility/analysis that may be required for completion of the Detailed Feasibility Studies and preparation of report.
13. Consultant to provide the shortest possible project execution schedule from suitable zero date till commissioning upon project approval and project implementation philosophy along with cost estimate.
A.3 Cost Estimate
Consultant shall provide detailed cost estimate based on budgetary quotes for critical items, local prevailing cost estimate for similar project of other industry at project site, market trends and assessed intrinsic values for the following:
1. Propylene Pipeline from Mumbai Refinery (MR) to Rasayani 2. Ethylene Pipeline from Mumbai Refinery (MR) to Rasayani 3. Multiproduct Pipeline (MS/HSD/SKO/ATF/Naptha) from Mumbai Refinery (MR) to Rasayani 4. Lube Oil/ Unconverted Oil Pipeline from Mumbai Refinery (MR) to Rasayani 5. Dedicated Naptha Pipeline from Mumbai Refinery (MR) to Rasayani 6. Propane Pipeline from Uran LPG plant to Rasayani
Consultant shall carry out cost optimization for group of pipelines and also provide the cost impact analysis on following conditions: a) If BPCL does not intend to lay pipeline at S. N. 4 b) If BPCL does not intend to lay pipeline at S.N. 5 c) If BPCL does not intend to lay pipeline at S.N. 4 & 5
It is also required that the cost of any combination of pipelines is derivable from the DFR costing.
Detailed cost estimate shall be prepared for both capital and operating cost of the project with an accuracy of +/- 20% including foreign exchange requirements and detailed design consultancy charges etc.
In the cost estimate, foreign component cost & Indian component cost should be shown separately.
Detailed basis and firmness of cost estimate to be shown /discussed with BPCL.
Provide project milestone schedule and optimum completion period having fast tracking principles.
A.4 Report Format
The DFR shall be submitted in the following format as well as considering the requirement by PNGRB for feasibility report. Report shall consist of the chapters detailed here under and PNGRB requisite details. The same shall cover all the points given below but shall not be limited to the same and shall cover other points required as per the scope mentioned elsewhere in the tender.
I. Executive summary covering the following topics :
The project proposal General information Throughput of marketing terminals Comparative study for optimizing sizes of pipelines Routing of pipelines Description of facilities Capital cost Operating requirements & cost Project financing Financial analysis for various options Project execution schedule and expenditure profile
II. Introduction of the proposal covering the following topics: (This data will be provided by BPCL & to be incorporated in the DFR report by Consultant)
Introduction specifying the need, justification and benefits of multi-product pipeline BPCL’s proposal
III. Supply – Demand balance and throughput of marketing terminals covering the following topics : (This data will be provided by BPCL & to be incorporated in the DFR report by consultant)
Supply & Demand projections Estimate of throughput of marketing terminals Product wise projected throughputs
IV. Design Basis covering the following topics: (Data pertaining to first five points will be provided by BPCL and to be Incorporated in the DFR report by consultant)
Products, their characteristics and throughput Products to be handled Physical characteristics of products Throughput estimates and demand projections Storage capacities and distribution of products by road and rail Instrumentation and control Other data and assumptions
V. System optimization covering the following topics:
Objective of system optimization Analysis Capital, annual operating costs and NPVs Batch scheduling
VI. Route selection for pipelines covering the following topics: (This data except last point will be provided by BPCL and to be incorporated in the DFR report by consultant)
Routing of pipelines Ground profile Terrain Subsurface soil features Land use pattern Location of facilities (SV & IP stations)
VII. Process description and facilities covering the following topics:
Process description Effect of Surge on P/L Description of facilities Pipeline receipt facilities Instrumentation and control Slop tank and transfer pumps for IP stations Sump collection and sump pumps for IP, dispatch & receipt stations. Location of facilities Description of pipelines and related facilities Construction methodology Pumping and loading facilities Utilities Telecommunication system
VIII. Operating and control philosophy covering the following topics:
Instrumentation and control Operation of pumps
IX. Capital requirements and costs covering the following topics:
Introduction Capital cost estimate Basis of costing Pipelines Indirect costs Design, engineering, procurement & construction supervision Owner’s management Start-up & commissioning Contingency Exclusions X. Operating requirements and costs covering introduction and basis.
XI. Financial analysis covering project financing, capital expenditure profile, corporate profitability and IRR.
XII. Optimization study for pipeline system
XIII. Basic engineering
XIV. Project implementation
XV. Environmental & safety aspect
Note: For submission to PNGRB a suitable modified report with or without modified parameters is also required to be submitted by consultant.
BPCL’s obligation to successful bidder
I. Furnish base data as regards to product wise throughput figures and growth rates.
II. Draw-off throughput figures for the base year. Furnish site maps/ and indicative layouts.
III. Indicative SLD of pipeline line routes from Mumbai Refinery to Rasayani. However the feasibility of the same shall be established by the vendor and the scope of identification of any better alternative shall also lie with the vendor.
IV. Provide the survey/soil investigation details/data for the entire Pipeline route.
V. Provide BPCL’s proposal, product & their characteristics, supply & demand projections and product wise projected throughput.
B. Time period for completion of study and submission
1. Overall completion time shall be 6 months from the date of LOI. (BPCL will provide detailed route survey reports within 3 months from the date of LOI)
2. Draft DFRs for pipeline and associated facilities shall be submitted within 4 months from the date of LOI.
3. BPCL will require 30 days reviewing and discussing the draft DFRs. In case of delay from BPCL side suitable time extension shall be granted.
4. After receipt of BPCL comments, final DFRs for pipeline and receipt/dispatch facilities shall be submitted within 30 days from the date of final comments by BPCL.
PAYMENT TERMS
Payment schedule for DFR study
70% on submission of draft report
30% on submission of final report and acceptance by BPCL
NOTE: Vendor is required to submit Performance bank guarantee for an amount equivalent to 10% of the contract value in prescribed format.
SPECIAL CONDITIONS OF CONTRACT
1. Bidder shall keep offer valid for a minimum of four months from the bid due date of this tender.
2. Incomplete bids, conditional bids or bids received late or bid not conforming to the terms and conditions prescribed in the tender are liable to be rejected.
3. OWNER reserves the right to accept any bid in whole or part and reject any bid without assigning any reason. The corporation is not bound to accept the lowest or any other bid and reserves the right to accept one or more bids in part. The decision of OWNER in this regard shall be final.
4. Highest standards of safety shall be maintained at site and all safety precautions and regulations should be strictly adhered to. Compliance to OISD guidelines / certificate may be obtained.
5. Taxes & duties: The bidder must quote the rates including all prevailing taxes, statutory levies, GST is to be mentioned separately. OWNER shall not entertain any request for payment of any taxes / levies separately. The cut-off date for any statutory variation will be bid due date / extended bid due date, as the case may be.
6. OWNER reserves the right to revise the specifications, drawings and designs at any stage of work. Such deviations shall be adjusted at the prevailing market rate or mutually agreed rate, rate supported by valid and detailed rate analysis build up, man-hourly / man-monthly rate available in the contract if the rates of such deviation items are not available in the contract.
7. When the party signing the agreement is not the sole proprietor, the necessary Power of attorney authorising the person who is acting on behalf of the proprietor should be produced before execution of the Agreement.
8. Bidder has to mention the applicable GST in E-bid in respective field.
9. On award of contract, the contractor will be required to submit Security Deposit for an amount of 5% of contract value subject to maximum of Rs. 1 lakh in the form of Demand Draft drawn on any scheduled bank in favour of M/s Bharat Petroleum corporation Ltd. payable at Mumbai or alternatively in the form of Bank Guarantees in prescribed format.
(To be executed on plain paper and applicable for all tenders of value above Rs. 1 crore)
INTEGRITY PACT
Between Bharat Petroleum Corporation Limited (BPCL) hereinafter referred to as "The Principal", And ………………………..hereinafter referred to as "The Bidder/Contractor/Supplier"
Preamble
The Principal intends to award, under laid down organization procedures, contract/s for ………………..The Principal values full compliance with all relevant laws and regulations, and the principles of economic use of resources, and of fairness and transparency in its relations with its Bidder/s, Contractor/s and Supplier/s.
In order to achieve these goals, the Principal cooperates with the renowned international Non-Governmental Organisation "Transparency International" (TI). Following TI's national and international experience, the Principal will appoint an Independent External Monitor who will monitor the tender process and the execution of the contract for compliance with the principles mentioned above.
Section 1 - Commitments of the Principal
(1) The Principal commits itself to take all measures necessary to prevent corruption and to observe the following principles:
a) No employee of the Principal, personally or through family members, will in connection with the tender, or the execution of the contract, demand, take a promise for or accept, for himself/herself or third person, any material or immaterial benefit which he/she is not legally entitled to.
b) The Principal will, during the tender process, treat all Bidders with equity and reason. The Principal will, in particular, before and during the tender process, provide to all Bidders the same information and will not provide to any Bidder confidential / additional information through which the Bidder could obtain an advantage in relation to the tender process or the contract execution.
c) The Principal will exclude from the process all known prejudiced persons.
(2) If the Principal obtains information on the conduct of any of its employees which is a criminal offence under the relevant Anti-Corruption Laws of India, or if there be a substantive suspicion in this regard, the Principal will inform its Vigilance Office and in addition can initiate disciplinary actions.
Section 2 - Commitments of the Bidder / Contractor/Supplier
(1) The Bidder / Contractor/Supplier commits itself 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 / Contractor/Supplier will not, directly or through any other person or firm, offer, promise or give to any of the Principal's employees involved in the tender process or the execution of the contract or to any third person, any material or immaterial 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 / Contractor/Supplier will not enter with other Bidders 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 introduce cartelization in the bidding process.
c) The Bidder / Contractor/Supplier will not commit any offence under the relevant Anti-Corruption Laws of India; further the Bidder / Contractor/Supplier will not use improperly, for purposes of competition or personal gain, or pass on to others, any information or document provided by the Principal as part of the business relationship, regarding plans, technical proposals and business details, including information contained or transmitted electronically.
d) The Bidder / Contractor/Supplier will, when presenting his bid, disclose 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 / Contractor/Supplier will not instigate third persons to commit offences outlined above or be an accessory to such offences.
Section 3 - Disqualification from tender process and exclusion from future contracts
If the Bidder, before contract award, has committed a transgression through a violation of Section 2 or in any other form such as to put his reliability or credibility as Bidder into question, the Principal is entitled to disqualify the Bidder from the tender process or to terminate the contract, if already signed, for such reason.
(1) If the Bidder/Contractor/Supplier has committed a transgression through a violation of Section 2 such as to put his reliability or credibility into question, the Principal is also entitled to exclude the Bidder / Contractor/Supplier from future contract award processes. The imposition and duration of the exclusion will be determined by the severity of the transgression. The severity will be determined by the circumstances of the case, in particular the number of transgressions, the position of the transgressors within the company hierarchy of the Bidder and the amount of the damage. The exclusion will be imposed for a minimum of 6 months and maximum of 3 years.
(2) A transgression is considered to have occurred if the Principal after due consideration of the available evidences, concludes that no reasonable doubt is possible.
(3) The Bidder accepts and undertakes to respect and uphold the Principal's absolute right to resort to and impose such exclusion and further accepts and undertakes not to challenge or question such exclusion on any ground, including the lack of any hearing before the decision to resort to such exclusion is taken. This undertaking is given freely and after obtaining independent legal advice.
(4) If the Bidder / Contractor/Supplier can prove that he has restored / recouped the damage caused by him and has installed a suitable corruption prevention system, the Principal may revoke the exclusion prematurely.
Section 4 - Compensation for Damages
(1) If the Principal has disqualified the Bidder from the tender process prior to the award according to Section 3, the Principal is entitled to demand and recover from the Bidder liquidated damages equivalent to Earnest Money Deposit/Bid Security.
(2) If the Principal has terminated the contract according to Section 3, or if the Principal is entitled to terminate the contract according to Section 3, the Principal shall be entitled to demand and recover from the Contractor/Supplier liquidated damages equivalent to Security Deposit / Performance Bank Guarantee.
(3) The Bidder agrees and undertakes to pay the said amounts without protest or demur subject only to condition that if the Bidder / Contractor/Supplier can prove and establish that the exclusion of the Bidder from the tender process or the termination of the contract after the contract award has caused no damage or less damage than the amount of the liquidated damages, the Bidder / Contractor/Supplier shall compensate the Principal only to the extent of the damage in the amount proved.
Section 5 - Previous Transgression
(1) The Bidder declares that no previous transgression occurred in the last 3 years with any other Company in any country conforming to the TI 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 the contract, if already awarded, can be terminated for such reason.
Section 6 - Equal treatment of all Bidders / Contractors /Suppliers/ Subcontractors
(1) The Bidder/Contractor/Supplier undertakes to demand from all subcontractors a commitment in conformity with this Integrity Pact, and to submit it to the Principal before contract signing.
(2) The Principal will enter into agreements with identical conditions as this one with all Bidders, Contractors/Suppliers and Subcontractors.
(3) The Principal will disqualify from the tender process all Bidders who do not sign this Pact or violate its provisions.
Section 7 – Punitive Action against violating Bidders / Contractors / Suppliers/Subcontractors
If the Principal obtains knowledge of conduct of a Bidder, Contractor, Supplier or Subcontractor, or of an employee or a representative or an associate of a Bidder, Contractor, Supplier or Subcontractor which constitutes corruption, or if the Principal has substantive suspicion in this regard, the Principal will inform the Vigilance Office.
Section 8 - Independent External Monitors
(1) The Principal has appointed competent and credible Independent External Monitors 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 agreement.
(2) The Monitor is not subject to instructions by the representatives of the parties and performs his functions neutrally and independently. He reports to the Chairperson of the Board of the Principal.
(3) The Bidder/Contractor/Supplier accepts that the Monitor has the right to access without restriction to all Project documentation of the Principal including that provided by the Bidder/Contractor/Supplier. The Bidder/Contractor/Supplier will also grant the Monitor, upon his request and demonstration of a valid interest, unrestricted and unconditional access to this project documentation. The same is applicable to Subcontractors. The Monitor is under contractual obligation to treat the information and documents of the Bidder/Contractor/Supplier/ Subcontractor with confidentially.
(4) The Principal will provide to the Monitor sufficient information about all meetings among the parties related to the Project provided such meetings could have an impact on the contractual relations between the Principal and the Bidder/Contractor/Supplier. The parties offer to the Monitor the option to participate in such meetings.
(5) As soon as the Monitor notices, or believes to notice, a violation of this agreement, he will so inform the Management of the Principal and request the Management to discontinue or heal the violation, or to take other relevant action. The Monitor can in this regard submit non-binding recommendation. Beyond this, the Monitor has no right to demand from the parties that they act in a specific manner, refrain from action or tolerate action. However, the Independent External Monitor shall give an opportunity to the Bidder/Contractor/Supplier to present its case before making its recommendations to the Principal. (6) The Monitor will submit a written report to the Chairperson of the Board of the Principal within 8 to 10 weeks from the date of reference or intimation to him by the 'Principal' and, should the occasion arise, submit proposals for correcting problematic situations. (7) If the Monitor has reported to the Chairperson of the Board a substantiated suspicion of an offence under relevant Anti-Corruption Laws of India, and the Chairperson has not, within reasonable time, taken visible action to proceed against such offence or reported it to the Vigilance Office, the Monitor may also transmit this information directly to the Central Vigilance Commissioner, Government of India. (8) The word 'Monitor' would include both singular and plural.
Section 9 - Pact Duration
This Pact begins when both parties have legally signed it. It expires for the Contractor/Supplier 12 months after the last payment under the respective contract, and for all other Bidders 6 months after the contract has been awarded.
If any claim is made / lodged during this 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 Chairperson of the Principal.
Section 10 - Other provisions
(1) This agreement is subject to Indian Law. Place of performance and jurisdiction is the Registered Office of the Principal, i.e. Mumbai. The Arbitration clause provided in the main tender document / contract shall not be applicable for any issue / dispute arising under Integrity Pact. (2) Changes and supplements as well as termination notices need to be made in writing. Side agreements have not been made. (3) If the Bidder/Contractor/Supplier is a partnership or a consortium, this agreement must be signed by all partners or consortium members. (4) Should one or several provisions of this agreement turn out to be invalid, the remainder of this agreement remains valid. In this case, the parties will strive to come to an agreement to their original intentions. ………………… …… …………………………… For the Principal For the Bidder/Contractor/ Supplier
Place ……………… Witness 1 : ……………… (Signature/Name/Address)
Date ………………. Witness 2 : ……………… (Signature/Name/Address
GUARANTEE BOND FOR EARNEST MONEY DEPOSIT (To be executed on Non-Judicial stamp paper of Rs.100/-)
In consideration of Bharat Petroleum Corporation Ltd. (hereinafter called "the Corporation") having agreed to exempt M/s.______hereinafter called "the said Vendor(s)" from payment of Earnest Money against Tender No.______Dated______issued by Corporation on production of a Bank Guarantee for Rs.______(Rupees______only) We ______Bank do hereby undertake to indemnify and keep indemnified the Corporation to the extent of Rs.______against any loss or damage caused to or suffered by the Corporation by reason of any breach by the said Vendor(s) of any of the terms and conditions contained in the Tender Notice/Documents.
We,______Bank further agree that the guarantee herein contained shall remain in full force and effect during the period that would be taken for the finalisation of the said Tender and that it shall continue to be enforceable till the Tender is finally decided and order placed on the successful Tenderer.
We,______Bank Ltd. further agree that the Corporation shall be the sole judge of and as to whether the said Vendor has committed any breach or breaches of any of the terms and conditions of the tender/or the contract and the extent of loss, damage, costs, charges and expenses caused to or suffered by or that may be caused to or suffered by the Corporation on account thereof to the extent of the earnest money required to be deposited by the Vendor in respect of the said tender or the contract and the decision of the Corporation that the said Vendor has committed such breach or breaches and as to the amount or amounts of loss, damage, costs, charges and expenses caused to or suffered by or that may be caused to or suffered by the Corporation from time to time shall be final and binding on us. Notwithstanding anything contained in forgoing our liability under this guarantee is restricted to Rs.______The Guarantee shall remain in force till ______. Unless a claim under this Guarantee is made within six months from the date herein before mentioned the Corporation shall have no rights under these presents. We______Bank lastly undertake not to revoke this Guarantee during the Currency except with the previous consent of the Corporation in writing.
Dated the______day of______2016.
For______Bank.
PERFORMANCE BANK GUARANTEE (On Non-judicial paper for appropriate value)
To, Bharat Petroleum Corporation Limited ------
Dear Sir,
In consideration of the Bharat Petroleum Corporation Limited, (hereinafter called the Company which expression shall include its successors and assigns) having awarded to M/s. (Name) . (Constitution).. (address) .(hereinafter referred to as The vendor which expression shall wherever the subject or context so permits include its successors and assigns) a supply contract in terms interalia, of the Companys Purchase order No.. dated ….and the General and Special Purchase Conditions of the Company and upon the condition of vendors furnishing security for the performance of the vendors obligations and/or discharge of the vendors liability under and / or in connection with the said supply contract upto a sum of Rs.(in figures)..Rs(in words)only amounting to 10% (ten percent)of the total contract value.
We, (Name)..(constitution) (hereinafter called the Bank which expression shall include its successors and assigns) hereby jointly and severally undertake and guarantee to pay to the Company in -----(Currency) forthwith on demand in writing and without protest or demur of any and all moneys any wise payable by the Vendor to the Company under in respect of or in connection with the said supply contract inclusive of all the Companys losses and expenses and other moneys anywise payable in respect to the above as specified in any notice of demand made by the Company to the Bank with reference to this Guarantee upto an aggregate limit of Rs(in figures)Rs(in words).only.
AND the Bank hereby agrees with the Company that i. This Guarantee/undertaking shall be a continuing guarantee and shall remain valid and irrevocable for all claims of the Company and liabilities of the vendor arising upto and until midnight of ..This date shall be 6 months from the last date of guarantee period. ii This Guarantee / Undertaking shall be in addition to any other guarantee or security of whatsoever that the Company may now or at any time otherwise have in relation to the vendors obligation/liabilities under and /or connection with the said supply contract, and the Company shall have full authority to take recourse to or reinforce this security in preference to the other security(ies) at its sole discretion, and no failure on the part of the Company in enforcing or requiring enforcement of any other security shall have the effect of releasing the Bank from its liability hereunder. iii. The Company shall be at liability without reference to the Bank and without effecting the full liability of the Bank hereunder to take any other security in respect of the vendors obligations and /or liabilities under or in connection with the said supply contract and to vary the terms vis a vis the vendor of the said supply contract or to grant time and / or indulgence to the vendor or to reduce or to increase or otherwise vary the prices of the total contract value or to release or to forbear from enforcement all or any of the obligations of the vendor under the said supply contract and / or the remedies of the Company under any other security(ies) now or hereafter held by the Company and no such dealing(s), variation(s), reduction(s), increase(s) or the indulgence(s) or arrangement(s) with the vendor or release or forbearance whatsoever shall have the effect of releasing the Bank from its full liability to the Company hereunder or of prejudicing rights of the Company against the Bank. iv. This Guarantee /Undertaking shall not be determined by the liquidation or winding up or dissolution or change of constitution or insolvency of the vendor but shall in all respects and for all purposes be binding and operative until payment of all moneys payable to the Company in terms hereof. v. The Bank hereby waives all rights at any time inconsistent with the terms of the Guarantee /Undertaking and the obligations of the Bank in terms hereof shall not be anywise affected or suspended by reason of any dispute or disputes having been raised by the vendor (whether or not pending before any Arbitrator, officer, Tribunal or Court) or any denial of liability by the vendor or any other order of communication whatsoever by the vendor stopping or preventing or purporting to stop or prevent any payment by the Bank to the Company in terms hereof. vi. The amount stated in any notice of demand addressed by the Company to the Guarantor as liable to be paid to the Company by the vendor or as suffered or incurred by the Company on account of any losses or damages of costs, charges and or expenses shall as between the Bank and the Company be conclusive of the amount so liable to be paid to the Company or suffered or incurred by the Company, as the case may be and payable by the Guarantor to Company in terms hereof.
Yours faithfully,
(Signature) NAME & DESIGNATION
NAME OF THE BANK
PROFORMA OF BANK GUARANTEE FOR RELEASE OF RETENTION MONEY (On Rs. 100/- non judicial stamp paper) This deed of Guarantee executed by the ______(hereinafter referred to as “The Bank” in favour of THE PRESIDENT OF INDIA, (hereinafter referred to as “The Beneficiary”), for an amount not exceeding (Rs. ______only) at the request of ______(hereinafter referred to as the “The Contractor”). This Guarantee is issued subject to the condition that the liability of the Bank under this Guarantee shall remain in full force upto ______In consideration of M/s. Bharat Petroleum Corporation Limited, 4 & 6 Currimbhoy Road, Ballard Estate, Mumbai - 400 001 (hereinafter called “The Corporation”) having agreed to release the retention amount of Rs. ______(Rs. ______only) which has been deducted from the value of the work executed as per the Agreement No. ______on production of a Bank Guarantee for Rs. ______. We the ______do hereby undertake to indemnify and keep indemnified the Corporation to the extent of Rs. ______against any loss or damage carried to or suffered by the Corporation by reason of any breach of the said agreement of any of the terms and conditions contained in the said agreement. We ______further agree that the guarantee therein contained shall remain in full force and effect during the period that would be taken for the performance of the said Agreement and that it shall continue to be enforceable till all the due of the Corporation under or by virtue of the said agreement have been fully paid and its claims satisfied or discharged or till Bharat Petroleum Corporation Limited, certified that the terms and conditions of the said agreement have been fully and properly carried out by the said Contractors ______and accordingly discharges the Guarantee. Not withstanding anything contained in foregoing out liability under this Guarantee is restricted to Rs. ______and shall remain in force till ______. Unless a Demand or claim under this guarantee is made on us in writing on or before ______. We shall be discharged from all liability under this Guarantee thereafter.
Date : Bank Manager