BHARAT PETROLEUM CORPORATION LIMITED MUMBAI REFINERY, MAHUL MUMBAI – 400 074, INDIA
Central Procurement Organisation (Refineries)
SUBJECT: SUPPLY OF HEAT EXCHANGER TUBES (ADMIRALTY BRASS & COPPER- NICKEL) FOR BPCL - MUMBAI REFINERY.
REF. : CRFQ No. 1000254400, E-Tender No.11965
DUE ON
13.04.2016 at 13:00 Hrs. (IST)
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1.0 INTRODUCTION :
Bharat Petroleum Corporation Limited (BPCL) – Central Procurement Organization (Refineries) invites quotations for the “Supply of Heat Exchanger Tubes (Admiralty Brass & Copper-Nickel) for BPCL-Mumbai Refinery (MR)” through e-tendering platform under 2 (Two) part system (i.e. Part 1 - Techno-commercial / Un priced Bid & Part 2 - Price Bid). Tender can be downloaded from any of the following websites:
• e-Procurement Portal : https://bpcleproc.in • BPCL Web : https://www.bharatpetroleum.in/tender/view-tenders.aspx → Select Department → CPO (Refineries) • Central Public Procurement Portal : https://eprocure.gov.in/cppp
2.0 INDEX :
The complete set of tender documents consist of the following:
Part No. Sr. No. Description Annexure 1 PROFORMA FOR DECLARATION REGARDING HOLIDAY LISTING 1 2 INTEGRITY PACT AGREEMENT FORMAT 2 UN-PRICED BID 3 3 (To be selected ” QUOTED” OR “NOT-QUOTED” in e-procurement portal) APPLICABLE CHARGES, TAXES, DUTIES, FREIGHT ETC. 4 4 (To be filled in e-procurement portal) 5 SPECIAL PURCHASE CONDITIONS (SPC) 5 6 INSTRUCTIONS TO BIDDERS (ITB) 6 7 GENERAL PURCHASE CONDITIONS (GPC) 7 8 COMMERCIAL QUESTIONNAIRE 8 9 TECHNICAL DEVIATION FORM 9 10 COMMERCIAL DEVIATION FORM 10 11 BUSINESS RULES DOCUMENT FOR REVERSE AUCTION 11 12 LIST OF ITEMS WITH DESCRIPTION, BPCL-AES STANDARDS 12 13 CEIL (TPI AGENCY) LIST OF OFFICES 13 BPCL SUPPLIER/ VENDOR ADVISORY ON ENVIRONMENTAL 14 14 CRITERIA Bidder to note that the above Annexures duly filled in/duly signed and stamped along with supporting documents shall be uploaded in Part -1 (Techno-commercial / Unpriced bid) section. No prices shall be indicated in any o f the above documents. Annexure-3 and Annexure-4 shall be filled in e-procurement portal. Part-2 15 PRICED BID FORMAT 15 Bidder to note that the prices shall be filled only in the e-procurement portal in Part-2 (Price Bid) section.
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3.0 CONTACT PERSONS
3.1 Please note that the tender enquiry is invited through e-tendering mode. In case of any clarification regarding the tender, following are the contact persons:-
3.2 FOR E-TENDERING RELATED ISSUES:
If tenderers need some clarifications or are experiencing difficulties while enrolling or while participating in this e-Tender, please e-mail to the following E-Mail ID along with the snapshots of the errors being faced to:
Ajay Nandangi. E-Procurement Technologies Limited (Procure Tiger) Contact : 022-27764464, 2553 3128, 7208726400 E-Mail: [email protected]
Satya narayan Behera E-Procurement Technologies Limited (Procure Tiger) Mobile no. - +91 90040 14223 Email ID - [email protected]
[email protected] Contact Numbers +91 9099090830, +91 7940016816
3.3 FOR OTHER CLARIFICATIONS:
For any commercial clarifications regarding this RFQ, please contact:
Shri H.P.Panchal, Procurement Manager-CPO(R), BPCL – Mumbai Refinery, Mahul, Mumbai-400074. Tel no. 022-25524129, e-mail: [email protected]
Shri B.K.Basu, Procurement Leader-CPO(R), BPCL – Mumbai Refinery, Mahul, Mumbai-400074. Tel no.: 022-2553 3360, e-mail: [email protected]
Important: All updates, amendments, corrigenda, due date extensions etc., (if any) will be posted on the e-tendering portal / websites as and when required. There will not be any publication of the same through newspapers or any other media.
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Annexure - 1
The Declaration should be produced on Vendor’s Letter Head.
PROFORMA OF DECLARATION OF HOLIDAY LISTING
In the case of a Proprietary 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 a proprietor nor in any partnership firm in which I am involved as a Managing Partner have been placed on holiday list declared by Bharat Petroleum Corporation Limited or its Administrative Ministry or any other Indian Government Public Sector Undertaking, except as indicated below:
(Here given particulars of holiday listing and in absence thereof state “NIL”).
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 holiday list declared by Bharat Petroleum Corporation Limited or its Administrative Ministry or any other Indian Government Public Sector Undertaking, except as indicated below:
(Here given particulars of holiday listing and in absence thereof state “NIL”).
In the case of Company
We hereby declared that we have not been placed on any holiday list declared by Bharat Petroleum Corporation Limited or its Administrative Ministry or any other Indian Government Public Sector Undertaking, except as indicated below:
(Here given particulars of holiday listing and in absence thereof state “NIL”).
It is understood that if this declaration is found to be false in any particular, 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.
Place: ______Signature of the Bidder______
Date: ______Name of the Signatory______
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Annexure-2
INTEGRITY PACT
Between
Bharat Petroleum Corporation Limited (BPCL) hereinafter referred to as "The Principal", And
…………………………………………………………………………………………….. hereinafter r eferred to as "The Bidder/ Contractor/ Supplier".
Preamble
The Principal intends to award, under laid down organization procedures, contract/s for Tender for “SUPPLY OF HEAT EXCHANGER TUBES (ADMIRALTY BRASS & COPPER-NICKEL) FOR BPCL - MUMBAI REFINERY” (CRFQ-1000254400, E-Tender No.11965) 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.
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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 cartelisation 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 de termined 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.
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(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 th e 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.
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(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
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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.
H. P. Panchal …………………………… For the Principal For the Bidder/ Contractor/ Supplier
Place ……………… Witness 1 : ……………… (Signature/Name/Address)
Date ………………. Witness 2 : ……………… (Signature/Name/Address)
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Annexure – 3
SUB : SUPPLY OF HEAT EXCHANGER TUBES (ADMIRALTY BRASS & COPPER- NICKEL) FOR BPCL - MUMBAI REFINERY.
REF. : CRFQ No. 1000254400, E-Tender No.11965
UN-PRICED BID.
Bidders are requested to select “QUOTED” or “NOT QUOTED” in our e-procurement portal.
Un-Priced Bid
Sr. Material Code Material Short Text Quantity Unit Material Long Text No. Material: ADMIRALLTY BRASS Mat-spec: ASME SB111-UNS C44300 Manufacturing-process: SEAMLESS End-preparation: SQUARE CUT DEBURRED TUBE,ADBR Service : HEAT EXCHANGER 1 74.48.53.301.5 C44300,6000 X 25 X 2 255 PC Length : 6000MM MM Diameter-od-mm : 25 Thickness-wall-mm: 2 FOR DESALTER WATER/BRINE EXCHANGER TAG NUMBER: 131-E-144-A/B/C LOCATION : CDU/VDU
Mat : COPPER-NICKEL 90/10 Mat-spec : ASTM B111 C70600 Manufacturing-process : SEAMLESS End-preparation : SQUARE CUT DEBURRED Add-reqrmts : BPCL/R/AES-3525 REV.4 Service : HEAT EXCHANGER Length : 6700 MM TUBE CU.NI C70600 HE 2 74.60.16.248.5 880 PC Diameter-od-IN : ¾ INCH 6700MM 3/4 IN 2MM Thickness-wall-mm : 2.0 LONG TUBES. MATERIAL: SB111C 70600. (CU NI 90/10) TUBE FOR RGC SURFACE CONDENSER TAG NUMBER: 132-E-261 LOATION: HYDROCRACKER. (HCU) RMP CDU/VDU.
Mat : COPPER-NICKEL 90/10 Mat-spec : ASTM B111 LV -UNS C70600 Manufacturing-process : SEAMLESS End-preparation : SQUARE CUT DEBURRED Add-reqrmts : BPCL/R/AES-3525 REV.4 TUBE CU.NI C70600 HE Service : HEAT EXCHANGER 3 74.60.16.302.5 6184 PC 6000MM 25MM -- 2MM Length : 6000 MM Diameter-od-mm : 25 Standard-wire-gauge-SWG -- Thickness-wall-mm : 2 TAG NO.E6/6A, EQUIPMENT : D4 O/H CONDENSER
Annexure – 4
SUPPLY OF HEAT EXCHANGER TUBES (ADMIRALTY BRASS & COPPER-NICKEL) FOR BPCL - MUMBAI REFINERY
REF: CRFQ No. 1000254400, E-Tender No.11965
APPLICABLE CHARGES, TAXES, DUTIES, FREIGHT ETC.
Bidders are requested to fill these data in BPCL e-Procurement portal.
Annexure-5
BHARAT PETROLEUM CORPORATION LIMITED Central Procurement Organisation (Refineries)
SPECIAL PURCHASE CONDITIONS
SUBJECT: SUPPLY OF HEAT EXCHANGER TUBES (ADMIRALTY BRASS & COPPER-NICKEL) FOR BPCL - MUMBAI REFINERY.
REF. : CRFQ No. 1000254400, E-Tender No.11965
1.0 INTRODUCTION
1.1 e-Bids in 2 (two) parts are invited for the tender for “Supply of Heat Exchanger Tubes (Admiralty Brass & Copper-Nickel) for BPCL-Mumbai Refinery” in complete accordance with tender documents and its attachments. For more information on e-Procurement System followed by BPCL, bidders are requested to refer Instruction to Bidders (ITB) document.
1.2 This is a Two Part Bid Tender, viz. Part 1 - Techno-commercial / Un-priced Bid & Part 2 - Price Bid. The Bidders shall submit details / documents required for each type of Bid, as specified in the tender. Further, bids of only those vendors whose offers are found acceptable in Part-1 shall be considered for Part-2 opening for further evaluation. All documents/ Bids submitted shall be digitally signed and sealed for authentication.
1.3 BPCL reserves the right to finalize the tender based on the ‘Sealed Price Bid’ submitted by the qualified Bidders OR by conducting ‘Reverse Auction’ (RA) with only qualified bidders. The Bidders should submit their best prices in the ‘Sealed Priced bid’. However, it may be noted that in case BPCL opts for ’RA’, the ‘Sealed Price Bid’ submitted by the Bidder shall not be opened. For conducting the RA, the ‘Opening / Start bid price’ and subsequent ‘Decrement value’ shall be specified by BPCL based on BPCL’s internal estimation process prior to RA. As a prerequisite, all Bidders shall have to confirm their compliance with the ‘Business Rule Document governing RA’ furnished in the tender.
1.4 To participate in tenders hosted by BPCL on e-procurement site, bidders are required to have a digital certificate and to do “Enrollment” (Register on site) by creating one User Id on the above site. All prospective bidders are requested to enroll onto BPCL e-tendering platform https://bpcleproc.in/ maintained by M/s. e-Procurement Technologies Limited, BPCL authorized Service Provider for e-tendering.
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2.0 SPECIAL TERMS AND CONDITIONS
2.1 Bidders should be manufacturers of the category of Heat Exchanger Tubes (Admiralty Brass & Copper-Nickel) mentioned in RFQ and should have capability to execute the complete order quantity within the stipulated delivery period.
2.2 Material found defective due to poor workmanship / not meeting the specification will be rejected and shall be replaced free of cost by the supplier (Vendor).
2.3 Rates quoted shall remain firm till the execution of the contract period and no claims for price escalation shall be entertained.
2.4 Items should be properly packed and sent, to avoid any damage to the consignment. Supplied pipes should be properly protected with end caps to avoid any transit damage.
2.5 Raw / Solid wood packaging material of imported items has to be appropriately treated and marked as per International Standard of Phytosanitary Measures (ISPM-15") for material originating from the contracting countries conforming to the International Plant Protection Convention or the members of Food & Agriculture Organization. Material from non-contracting parties would have to be accompanied by a phytosanitary certificate of the treatment endorsed. The Custom Officer at Indian Port shall not release the material without appropriate compliance of the above provisions w.e.f. 01.11.2004.
3.0 DEFINITIONS AND INTERPRETATIONS
3.1 Where any portion of the GPC is repugnant to or at variance with any provisions of the SPC then, unless a different intention appears, the provisions of the SPC shall be deemed to govern the provisions of the GPC and SPC provisions shall prevail to the extent of such repugnancy, or variations exist.
3.2 In RFQ Documents unless otherwise stated specifically, the singular shall include the plural and vice versa wherever the context so requires.
3.3 Notwithstanding the sub-division of the RFQ Documents into separate sections and volumes, every part of each shall be deemed to be supplementary to and complementary of every other part and shall be read with and into the Agreement so far as it may be practicable to do so.
3.4 All headings, subtitles and marginal notes to the clauses of the GPC, SPC or to the Specifications or to any other part of RFQ Document are solely for the purpose of giving a concise indication and not a summary of the contents thereof, and they shall never be deemed to be part thereof or be used in the interpretation or construction thereof.
3.5 The terms fully capitalized and /or initial capitalized shall be interchangeable and shall have the meaning as assigned to fully capitalized term or initial capitalized term.
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3.6 In BIDDING documents at all such places where obligations are confined to Purchaser alone such provision to read as ‘Purchaser’s obligation to the extent the context so means/ requires.
4.0 SUPPLIER’S SCOPE
4.1 Supplier’s scope shall include but not limited to (a) manufacturing of Items as per tender technical specifications; (b) preparation of Quality Assurance / Quality control programme; (c) Packing; and (d) Loading on truck/ trailer and transportation up to site.
5.0 OFFER VALIDITY
5.1 The offer should be valid for a period of 90 days from the final bid due date.
BPCL reserves the right to accept or reject bids with lesser validity period not in line with BPCL requirement.
6.0 APPLICABLE CHARGES, TAXES & DUTIES
6.1 Bidders are requested to quote base rate, Packing and Forwarding Charges, Excise duty, Sales Tax, Octroi, Octroi service charges and freight separately. BPCL will furnish Form-‘C’ for the goods purchased.
6.2 All statutory levies, if applicable is payable extra by BPCL. However, any increase / decrease in statutory levies on the date of delivery during the scheduled delivery period on finished materials will be on BPCL's account. If the material is not supplied within the scheduled delivery period, then any increase on excise duty/ sales tax/ other statutory levies will be on vendor's account.
6.3 The quoted base rate shall include all expenses towards all testing charges. Third Party Inspection charges shall be indicated separately as detailed in clause 7.0 given below.
7.0 THIRD PARTY INSPECTION
7.1 All material are subject to inspection by Third Party Inspection agency (TPI). BPCL nominated third party Inspection agency will be M/s Certification Engineers International Ltd. (CEIL) for all indigenous materials. CEIL inspection charges shall be borne by BPCL. Bidder shall note the distance between bidder’s place of Inspection / Manufacturing facilities and CEIL office/ Regional office. List of Offices/Regional offices is enclosed for Bidder’s ready reference. Following fees shall be indicated in Format of Taxes/Duties, TPI & Freight with reference to the distance between them.
A) CEIL fees for distance within 100 Kms between CEIL office/Regional office & Bidders place of Manufacturing/Inspection: 2.5% of Material basic value of P.O. plus applicable service tax.
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B) CEIL fees for distance beyond 100 Kms between CEIL office/Regional office & Bidders place of Manufacturing/ Inspection: 5.00% of Material basic value of P.O. plus applicable service tax.
Vendor shall indicate TPI charges in percentage, based on distance between bidder’s place of Inspection / Manufacturing facilities and CEIL office / Regional office in Format of Taxes / Duties, TPI & Freight. Same shall be considered for price evaluation.
8.0 FIRM PRICES
8.1 The quoted Prices shall remain firm and fixed for the entire duration of order and in all respects and no escalation in prices on any account shall be admissible.
Non-acceptance of firm rates for entire completion of order period is liable for rejection.
9.0 EVALUATION CRITERIA
9.1 Evaluation will be on item-wise Lowest Quote basis (Net effective cost) to BPCL. BPCL reserves the right to enter into Rate Contract with one party or with more than one party depending on the evaluation, at its discretion. All the items in the Price bid format shall be considered for evaluation. BPCL reserves the right to place order for all tendered items or part of the items. However, individual tendered quantity for the item shall be split only as per MSE policy.
9.2 Offers with precondition on minimum order value or non-acceptability of part order are not acceptable and their offer stand commercially rejected.
10.0 PAYMENT
10.1 PAYMENT TERMS
90% payment within 30 days of receipt and acceptance of materials at site upon satisfactory completion of order.
Balance 10% payment after receipt of final technical documentation and on submission of performance bank guarantee for 10% of order value, valid till full guarantee period plus six months claim period.
10.2 GENERAL
10.2.1 Excise duty, Service Tax and VAT shall be released only on receipt of Cenvatable / Vatable copy of corresponding Invoice enabling availing of input credits by BPCL.
10.2.2 All payments shall be released within 30 days of receipt of invoice and all requisite documents, i.e. Material Test Certificates, Third Party Inspection release note, packing slips etc.
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10.2.3 In case, PBG is not provided by the Vendor, 90% of the payment shall be made within 30 days from the date of receipt and acceptance of materials and balance 10% of the value shall be retained in lieu of PBG, till the expiry of guarantee and claim period.
10.2.4 No initial advance payment along with order shall be made by BPCL against supplies. If a supplier insists on the same, the offer shall be rejected.
11.0 DELIVERY SCHEDULE / COMPLETION PERIOD
11.1 Delivery Period : 04 months from the date of Purchase Order, on FOT Site basis.
Material is required in BPCL Mumbai Refinery latest by November 2016 for Refinery Plant Turnaround. Bidder is to quote their best delivery period accordingly. BPCL reserves the right to accept or reject bids with delivery period not in line with BPCL requirement.
11.2 The ordered items are to be delivered on door delivery basis to the Refinery Warehouses at BPCL (Mahul, Mumbai, Maharashtra). Freight and Octroi or any such local levies will have to be paid by vendor and the same will be reimbursed at actuals against documentary proof if quoted by the bidder.
11.3 Failing to meet the delivery schedule / completion period will be subject to Price Reduction and/or curtailing other remedies available to the Purchaser as per RFQ Documents.
11.4 The date of GR shall be considered as date of delivery or date of receipt of material at site shall be the date of delivery as specified in FOA/ PO.
11.5 Bidder shall quote firm freight charges in percentage of basic price up to destination by road on freight pre-paid door delivery basis.
Bidder has to quote freight charges in percentage only. Non-acceptability of freight charges in percentage is not acceptable to BPCL and their offers stand commercially rejected.
11.6 Delay in receiving Invoices or failure in providing copies of dispatch documents and any demurrage or wharfage or any loss resulting thereby shall be borne by the vendor.
11.7 Supply of part quantities will be acceptable only at the discretion of BPCL. In all other cases vendor shall supply the entire quantity as per purchase order at a time.
12.0 PRICE REDUCTION SCHEDULE
12.1 Applicable as per attached GPC.
13.0 DESPATCH INSTRUCTIONS
13.1 Following dispatch documents are required to be submitted by the Supplier immediately after shipment is made: • Commercial Invoice • Inspection Release Note by Third Party Inspection Agency. • LR/ GR / Clean Bill of Lading.
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• Packing List • Test Certificates (NDT reports, MTC, etc.) • List of documents as specified in RFQ & countersigned & stamped by TPIA.
14.0 INSURANCE
14.1 Transit insurance shall be excluded from supplier’s scope and the same shall be arranged by BPCL.
15.0 GENERAL PURCHASE CONDITIONS (GPC)
15.1 Attached General Purchase Conditions (GPC) shall be applicable for this contract.
16.0 GUARANTEE/ WARRANTY
16.1 The material shall be guaranteed for its design, good workmanship, size, capacity and operation and satisfactory performance for a minimum period of 12 months from the date of commissioning or 18 months from the date of dispatch whichever is earlier.
17.0 QUALITY ASSURANCE / QUALITY CONTROL
17.1 The Supplier shall prepare a detailed quality assurance plan for the execution of contract for various facilities which will be mutually discussed and agreed to.
17.2 The Supplier shall establish document and maintain an effective quality assurance system outlined in recognized codes.
17.3 The purchaser, while agreeing to a quality assurance plan shall mark the stages where they would like to witness the tests; review any or all stages of work at shop as deemed necessary for quality assurance.
17.4 No amendment in the specification will be entertained after placement of rate contract.
18.0 SUBMISSION OF OFFER
18.1 Vendors are requested to quote/fill the rates against each item and applicable taxes & duties in the e-procurement portal only. They are requested not to alter the sequence / serial numbers of the material codes in the file.
18.2 Following documents are to be signed and stamped on each page and uploaded in the e-tender portal:-
a. Signed, stamped and scanned copies of supporting documents for meeting technical specifications, b. Signed, stamped and scanned copy of Acceptance sheet available at the end of Special Purchase Conditions (SPC), Instructions To Bidders (ITB) and Business Rules Document for reverse auction, c. Signed, stamped and scanned copy of all pages of General Purchase Conditions (GPC), d. Duly filled, signed (all pages and 3 signatures on last page), stamped and scanned copy of all pages of Integrity Pact document, Proforma for Declaration regarding
SPECIAL PURCHASE CONDITIONS Page 6 of 9
Holiday Listing, Commercial Questionnaire and Advisory on environmental criteria, e. Technical & Commercial Deviations if any, to the tender documents, by giving reference to the clause nos. in the Technical Deviation or Commercial Deviation.
18.3 Following documents are to be filled online in the e-tender portal:
a. “QUOTED” or “NOT QUOTED” in the e-procurement portal in Part-1 i.e. Techno- Commercial un-priced bid section. b. Applicable charges, taxes, duties and freight for the tender in the e-procurement portal in Part-1 i.e. Techno-Commercial un-priced bid section. c. Unit prices in the price bid format in the e-procurement portal in Part-2 section i.e. Price bid section. If bidder is not willing to quote for any item, they may indicate clearly in un-priced bid as “NOT QUOTED” and not to select not quoted items while entering the price bid. If any bidders enters “0” (ZERO) in online price bid. Zero will be considered as not quoted and not considered for evaluation.
18.4 If the bidder has submitted NOT QUOTED for any item/s in their technical bid and subsequently after opening of Price bid, if same item/s found quoted, prices for the said item/s will not be considered for price evaluation.
18.5 Offer submitted by Telex/ Telegraph/ Fax/ e-Mail or Hard copy in sealed covers shall not be accepted.
18.6 Offers with precondition on minimum contract value/call off value or non-acceptability of part order are not acceptable to BPCL and their offers stand commercially rejected.
18.7 BPCL shall not be responsible for any delay in uploading of offer by the bidder in e-Procurement portal.
18.8 Bidders to quote based on latest revision no. as per BPCL AES Standard.
19.0 TENDER OPENING
19.1 The deadline for bid submission is 13:00 hrs. on the due date mentioned. The bids can be submitted in the e-procurement website up to the tender due date and time.
19.2 Part-1 i.e. Techno-Commercial un-priced bid section submitted online for the subject tender will be opened on e-tendering portal on tender due date and time. Part-2 i.e. Price Bid (if reverse auction not done) submitted online for the subject tender will be opened on e-tendering portal of only qualified bidders in Technical bids. Qualified bidders will be informed about the date and time of opening of bids one day prior to bid opening date by e-mail. It may be noted that Techno-Commercial un-priced bid and price bid opening can be witnessed by bidders on e-tender site or in person at CPO-Refineries office. In case bidder wishes to participate in person, they can inform BPCL the representative’s name, designation and mobile phone number to enable BPCL to arrange for necessary visitor’s permission.
SPECIAL PURCHASE CONDITIONS Page 7 of 9
20.0 EARNEST MONEY DEPOSIT (EMD) :
20.1 EMD is not applicable for this tender.
21.0 INTEGRITY PACT (IP)
21.1 Proforma of Integrity Pact (IP) shall be returned by the Bidder/s along with the bid documents, duly signed by the same signatory who is authorized to sign the bid documents. For further details, kindly refer ITB document.
Non submission of signed and stamped Integrity Pact is liable for rejection.
22.0 POLICY FOR ‘HOLIDAY LISTING’ OF VENDORS IN BPCL:
22.1 The guidelines for holiday listing shall be applicable as per web link given below: https://bharatpetroleum.in/pdf/holidaylistingpolicyfinal.pdf
SPECIAL PURCHASE CONDITIONS Page 8 of 9
BHARAT PETROLEUM CORPORATION LIMITED Central Procurement Organisation (Refineries)
SUBJECT : SUPPLY OF HEAT EXCHANGER TUBES (ADMIRALTY BRASS & COPPER-NICKEL) FOR BPCL - MUMBAI REFINERY.
REF. : CRFQ No. 1000254400, E-Tender No.11965
ACCEPTANCE OF SPECIAL PURCHASE CONDITIONS
We, M/s ______having office at ______read SPECIAL PURCHASE CONDITIONS and confirm our acceptance to all the terms and conditions as mentioned herein in the document except for deviations mentioned in the deviation form.
Deviations : YES / NO (Bidder to tick)
If yes, same is mentioned in Annexure-8 i.e. TECHNICAL DEVIATION FORM and Annexure-9 i.e. COMMERCIAL DEVIATION FORM.
Date : Signature of Authorised Signatory
with Name & designation and Co. Seal.
Name & full address of the Firm :
M/s ______
SPECIAL PURCHASE CONDITIONS Page 9 of 9
Annexure - 6
M/s BHARAT PETROLEUM CORPORATION LTD, MAHUL MUMBAI
INSTRUCTIONS TO BIDDERS (ITB)
Instruction to Bidders Page 1 of 23
BHARAT PETROLEUM CORPORATION LIMITED Central Procurement Organisation (Refineries)
INSTRUCTIONS TO BIDDERS (ITB)
1. INFORMATION ON E-PROCUREMENT SYSTEM 2. SCOPE OF BID 3. COST INCURRED FOR PREPARATION OF BIDDING DOCUMENTS 4. SITE VISIT 5. BIDDING DOCUMENT, CLARIFICATION AND AMENDMENT 6. LANGUAGE OF BID 7. EARNEST MONEY DEPOSIT (EMD) : 8. PRICE BIDS 9. BID CURRENCY 10. BID VALIDITY 11. OFFER WITHOUT ANY DEVIATION 12. AGENTS/ REPRESENTATIVES/ RETAINERS/ ASSOCIATES 13. CONFIDENTIALITY OF BID DOCUMENT 14. SIGNING OF BID 15. SUBMISSION OF BIDS 16. DEADLINE FOR SUBMISSION OF BID 17. MODIFICATION AND WITHDRAWAL OF BIDS 18. TENDER OPENING: 19. CONTACTING THE OWNER/ OWNER REPRESENTATIVE 20. EXAMINATION OF BIDS AND DETERMINATION OF RESPONSIVENESS 21. COMMERCIAL EVALUATION 22. LOADING CRITERIA AND PRICE EVALUATION & COMPARISON. 23. EVALUATION CRITERIA FOR COMPARISON OF BIDS 24. THIRD PART INSPECTION SERVICES 25. PURCHASE PREFERENCE TO MSE’S: 26. ARITHMETIC CORRECTIONS 27. BID REJECTION CRITERIA 28. AWARD OF CONTRACT : 29. INTEGRITY PACT (IP): 30. POLICY FOR HOLIDAY LISTING OF VENDORS IN BPCL: 31. SETTLEMENT OF DISPUTE BETWEEN GOVT. DEPT. / PUBLIC SECTOR UNDERTAKINGS IN A PURCHASE OR SERVICE CONTRACT 32. ARBITRATION CLAUSE 33. GENERAL POINTS
Instruction to Bidders Page 2 of 23
INSTRUCTIONS TO BIDDERS (ITB)
1. INFORMATION ON E-PROCUREMENT SYSTEM
1.1. The bidder is requested to download the tender from BPCL’s e-tendering website https://bpcleproc.in and participate in the tender as per the instructions given above and herein, on or before the due date and 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.
1.2. For registration on the e-tender site https://bpcleporc.in, bidder needs to download the Instructions to Vendors document from the site and read it. They shall select “Register” and complete the “Bidder Registration Form” by filling in all the information correctly. Kindly remember the login id (e-mail), password entered therein. After completing this process, you will receive a system generated e-mail, click on the link and complete balance Registration process.
1.3. 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 Limited, (Contact Number +91 9099090830, +91 7940016816) 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 Certificate shall be considered as the bidder’s regret.
1.4. In case any corrigendum/amendment is issued after the submission of the bid by any bidders, then such Bidders, who have submitted their bids, shall be intimated about the corrigendum / amendment by a system-generated email. 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 and time. No communication other than the above will be circulated regarding Corrigendum / amendment, if any.
1.5. 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 (Indian Standard Time - IST) that will be displayed on e-Procurement web page shall be the time considered for determining the expiry of due date and time of the tender and 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 and time of submission deadline. However, no bid can be modified after the deadline for submission of bids. Once the entire process of submission of online bid is complete, the Bidders are required to go to option ‘own bid view’ through dashboard and take the print of the envelope receipt as a proof of submitted bid.
1.6. 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 and time of submission has elapsed.
1.7. No manual bids / offers along with electronic bids / offers shall be permitted.
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1.8. 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 ID and password and clicking on “Other Bids” view. Subsequently, in case the price bids are opened in E Tendering platform, Bidders can see the rates quoted by all the participating bidders using the same option.
1.9. No responsibility will be taken by BPCL and / or the e-procurement service provider for any delay due to connectivity and 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 and seek help if they so require. Even for those who are conversant with this type of e-tendering, it is 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 and time is true for e-tendering service provider as well as BPCL officials.
1.10. BPCL and/or the e-procurement service provider shall not be responsible for any direct or indirect loss or damages and 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.
1.11. In case of any clarification pertaining to e-procurement process, the Bidder may contact the following agencies / personnel:
For system related queries contact: Ajay Nandangi. e-Procurement Technologies Limited (Procure Tiger) Contact : 022-27764464, 2553 3128, 7208726400 E-Mail: [email protected]
Satya narayan Behera e-Procurement Technologies Limited (Procure Tiger) Mobile no. - +91 90040 14223 Email ID - [email protected]
[email protected] Contact Numbers +91 9099090830, +91 7940016816
2. SCOPE OF BID
2.1. BPCL invites E-Bids in 2 or 3 parts as described in SPC, in complete accordance with tender documents and its attachments.
2.2. SCOPE OF BID: The scope of work shall be as defined in the RFQ.
3. COST INCURRED FOR PREPARATION OF BIDDING DOCUMENTS
3.1. The bidder shall bear all costs associated with the preparation and submission of the bid, and BPCL will in no case be responsible or liable for this cost, regardless of the conduct or outcome of the bidding process.
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4. SITE VISIT
4.1. Site visit/ Pre-bid meeting (if applicable) will be held on scheduled date(s) as mentioned in SPC. All interested bidders are requested to reach the site in time. The purpose of the pre- bid meeting is to clarify any doubts of the Bidders on the interpretation of the provisions of tender. Bidder(s) are requested to submit their queries, mentioning firm name, clause no. & clause by a letter/ e-mail to the Engineer-in-charge in order to have fruitful discussions during the meeting. All Bidders are requested to acquaint themselves for better clarity about the site and tender conditions, before submitting their bids. Necessary clarifications (if any), may be obtained prior to submission of the bid.
4.2. Bidders shall visit the location, at their own expense to see the site conditions before quoting for the job. Bidders should contact Engineer-in-charge for getting information required for visiting the site locations well in advance. Bidders to obtain all the information required for executing the contract from site. No request will be entertained on this count even if bidders choose not to visit. No claim what so ever may be shall be entertained on this ground.
5. BIDDING DOCUMENT, CLARIFICATION AND AMENDMENT
5.1. CONTENTS OF BIDDING DOCUMENT
5.1.1. The Bidding Document has been hosted on
• e-Procurement Portal : https://bpcleproc.in • BPCL Web : https://www.bharatpetroleum.in/tender/view-tenders.aspx → Select Department → CPO (Refineries) • Central Public Procurement Portal : http://eprocure.gov.in/cppp
5.1.2. The bidder is expected to examine BIDDING document, bidding guidelines receipt from BPCL or available on BPCL website, all instructions, formats, terms, specifications and drawings etc., enclosed in the BIDDING documents. The invitation for bid (BIDDING) together with all its attachment thereto, shall be considered to be read, understood and accepted by the bidder. Failure to furnish all information required by the BIDDING documents or submission of a bid not substantially responsive to the BIDDING documents in every respect will be at bidder’s risk and may result in the rejection of the Bid.
5.2. CLARIFICATION ON BIDDING DOCUMENTS
5.2.1. A prospective bidder requiring any information or clarification of the BIDDING documents, may notify in writing by e-mail/fax/post to the following :
Mr. H.P. Panchal, Procurement Manager-CPO (R) / Mr. B.K. Basu, Procurement Leader-CPO (R) Bharat Petroleum Corp. Ltd., Admin Building, Mahul, Mumbai -400 074. Tel. No.: 022-2552 4129 / 022-2553 3360.
5.2.2. In the event of finding any discrepancies in or omissions from the Bid Documents, or should the Bidder be in doubt as to the meaning of such documents, Bidder shall immediately notify BPCL, either by facsimile or letter, as indicated above, who will thereupon, if required, send necessary written instructions to all Bidders. Any such
Instruction to Bidders Page 5 of 23
request shall reach BPCL not later than seven (7) days prior to the ‘closing date” or Tender Due date.
5.3. AMENDMENT OF BIDDING DOCUMENTS
5.3.1. At any time prior to the deadline for submission of bids, the Owner may, for any reason, whether on its own requirement or in response to a clarification requested by prospective bidders, modify the BIDDING documents by issuing addenda.
5.3.2. Any addendum thus issued shall be part of the BIDDING documents. The addendum will be hosted on the BPCL e-procurement platform. All the bidders who have raised the queries shall be informed by e-mail/ Fax/ Courier about the addendum for their reference. Bidders have to take into consideration of all the addendum(s) / corrigendum (s) / Due date extensions / clarifications issued/ web hosted, before submitting the bid.
5.3.3. The Owner may, at their discretion, extend the date of submission of Bids in order to allow the bidders a reasonable time to furnish their most competitive bid taking into account the amendments issued.
6. LANGUAGE OF BID
6.1. The Bid prepared by the bidder, all correspondence/drawings and documents relating to the bid exchanged by the bidder with the Owner shall be in English Language. In case any printed literature furnished by the bidder may be written in another language so long as accompanied by an English translation, in which case, for the purpose of interpretation of the bid, the English translation shall govern.
6.2. In the event of submission of any document/ certificate by the Bidder in a language other than English, the English translation of the same duly authenticated by Chamber of Commerce of Bidder’s country shall be submitted by the Bidder. Metric measurement system shall be applied.
7. EARNEST MONEY DEPOSIT (EMD) :
7.1. Requirement of EMD and value of EMD for this tender, bidder shall refer the Special Purchase conditions of the tender.
7.2. Forfeiture of EMD - A tenderer 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/ finalised. A tenderer who purports to alter/ modify withdraw their offer after submission, within the validity of the offer shall be liable to have their offer rejected and their EMD forfeited/encashed.
7.3. The Earnest Money deposited by successful tenderer shall be forfeited if the successful tenderer fails to honour the offer terms prior to ordering and Contractual terms after issuance of LOI/ PO.
7.4. Original DD / Banker’s Cheque / BG as the case may be, towards EMD, shall be sent separately to DGM - CPO (R), Bharat Petroleum Corporation Limited, Mahul, Mumbai 400074. Offers received without scan copy of EMD (DD/ BG/ Valid NSIC Certificate/MSE Certificate) in the e-tender and physically not received within 7 days
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after “Part-1 Bid” opening date (as indicated in the NIT or corrigendum thereof) are liable to be rejected.
7.5. For unsuccessful bidders, EMD may be returned after the completion of BQC evaluation/ Technical evaluation / Price bid evaluation as applicable. However, in case of successful bidder the EMD shall be released on receipt of performance bank guarantee.
7.6. Following categories of bidders are exempted from paying Earnest Money Deposit (EMD) and Tender Fee, if any. i. Units registered with National Small Industries Corporation (NSIC); ii. Units falling under Micro & Small Enterprises (MSEs) category as defined under the MSMED Act 2006.
The above are subject to the fulfilling of under mentioned conditions : a) Units should be registered with National Small Scale Industrial Corporation Limited (NSIC) or with any of the Authorities specified under the Public Procurement Policy for MSE’s. (DIC / KVIC / KVIB / UAM / Coir Board / NSIC / Directorate of Handicrafts and Handloom or any other body specified by Ministry of MSME.)
b) The Unit should be registered for the item tendered.
c) The monetary limit, if any, indicated in the registration certificate should cover value of items ordered.
d) Registration Certificate is valid for a period at least up to validity of the offer.
e) Self-attested copy of valid relevant registration certificate should be submitted in support.
f) Registration with DGS&D will not entitle a Tenderer to claim above exemption.
Units registered with National Small Industries Corporation (NSIC) or MSE subject to:
Such bidders must upload appropriate proof along with their "Bid", to show that they are eligible for the exemption from EMD (application for registration as NSIC / MSE or for renewal will not be acceptable), failing which such bid will be treated as bid received without EMD and liable to be rejected.
Registration with DGS&D will not entitle the Bidder to claim exemption from payment of EMD.
7.7. The permissible forms of Deposit are:
For Indian Bidders: Demand Draft / Banker’s Cheque / Bank Guarantee For Foreign Bidders: Bank Guarantee (Bank branch should have in India) / Wire Transfer to the following account.
Beneficiary Name Bharat Petroleum Corporation Limited Bank Name Standard Chartered Bank Branch Address 90, M G Road, Fort, Mumbai-1 USD Account no 22205032520 Swift Code SCBLINBBXXX BSR Code 6470036 Instruction to Bidders Page 7 of 23
I. Bank Draft drawn on any nationalized/ scheduled bank in favor of “Bharat Petroleum Corporation Limited” payable at Mumbai.
II. Bank Guarantee (BG) executed by any Scheduled Bank approved by Reserve Bank of India as per the proforma. The BG shall remain valid for a period of six months from the due date of opening the tender. For foreign bidder’s BG, Bank should have branch in India.
Standing Bank Guarantee in lieu of EMD to cover all contracts as per the proforma enclosed may also be accepted in which case EMD may be based on the expected total value of the contract. The validity period for these Bank Guarantees should be one year.
Where the Bank Guarantees are accepted it should be ensured by the sponsoring contracting department that:
I. Bank Guarantees are strictly in accordance with the proforma mentioned above. (Slight deviations if any in BG format suggested by different banks, may be accepted by Contracting Dept. Head , who will consult Legal, if felt necessary
II. A Bank Guarantee Register is to be maintained with necessary information such as tender reference, Name of the tenderer, Name of the Bank, Guarantee Number, Validity Period, Return Date etc. Prompt action is taken to renew the Bank Guarantee whenever required.
III. As soon as the contractor commits any breach of the terms and conditions of tender / contract, prompt action should be taken to realize the EMD from the Bank.
8. PRICE BIDS
8.1. Prices shall be furnished strictly in the appropriate Price Schedule format(s) enclosed with the bid document. Quoted prices shall be net of discount, if any. Conditional discounts, if offered by a bidder, shall not be considered for evaluation.
8.2. Price quoted by the bidder shall remain firm & fixed until completion of the contract and will not be subject to any variation, except statutory variation except statutory variation in taxes, duties & levies pursuant to relevant provisions in Special Purchase Conditions. BPCL shall reject a bid valid for a shorter period being non-responsive.
8.3. The bidder shall quote the price for item in the Price Schedule after careful analysis of cost involved for the performance of complete work considering all parts of the RFQ Documents. In case, any activity though specifically not covered but is required to complete the work as per scope of work, scope of supply, specifications, standards, drawings, GPC, SPC or any other part of RFQ Document, the prices quoted shall deemed to be inclusive of cost incurred for such activity.
8.4. Owner will issue concessional form ‘C’ for CST only. No concessional form ‘D’ shall be issued for VAT.
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8.5. FOT despatch Point price of item including packing & forwarding, (such price to include fabrication/ manufacturing of item, all costs as well as duties and taxes paid or payable on components and raw materials incorporated or to be incorporated in the goods, inspection testing etc.) but excluding applicable taxes and duties on finished goods.
8.6. Supply price shall be exclusive of Excise Duty (including Cess) and CST (with concessional form) or VAT (without concessional form) which will be applicable on the finished goods.
8.7. Item wise Transportation Charges up to respective site exclusive of Service Tax and Ed Cess thereon. Transit Insurance shall be arranged by Owner. If a supplier does not quote freight charges, his offer shall be loaded with maximum freight charges as quoted by the other bidders.
8.8. Site work Prices, if applicable, as per RFQ Documents, shall be exclusive of Service Tax & inclusive of VAT on Work Contracts. All necessary taxes & duties and registration, if required for carrying out the site activities shall be done by the bidder and cost towards the same shall be included in quoted site work prices.
8.9. Foreign Bidders shall submit their prices on FOB –International Port of Exit basis. FOB Prices quoted shall be inclusive of all applicable taxes, packing & forwarding, Inland transportation charges up to FOB Port of exit, Third Party Inspection Charges etc. applicable up to FOB – International Port of Exit.
8.10. Foreign Bidders shall submit their prices for ocean freight charges separately. The order will normally be placed on FOB basis and the ocean freight as quoted will be considered for evaluation purpose. In case BPCL decides to place order on CFR basis, then the Ocean freight payable shall be limited to the quoted amount and same shall be valid till the tenure of the contract period.
9. BID CURRENCY
9.1. Bidding currency shall be Indian Rupees for Indian bidders and US Dollars / EUROs / Indian Rupees for foreign bidders in accordance with RBI guidelines.
9.2. Currency once quoted will not be allowed to be changed. BPCL shall not be compensating for any exchange rate fluctuation.
10. BID VALIDITY
10.1. The bid shall remain valid for acceptance for period mentioned in RFQ from the final bid due date. BPCL reserves the right to accept or reject a bid valid for a shorter period.
10.2. In exceptional circumstances, prior to expiry of the original bid validity period, BPCL may request that the bidder extend the period of validity for a specified additional period. The requests and the responses thereto shall be made in writing (by fax/ post/ e-mail).
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11. OFFER WITHOUT ANY DEVIATION
11.1. BPCL will appreciate submission of offer based on the terms and conditions in the enclosed SPC, GPC, ITB, Scope of Work, and Technical Specification etc. to avoid wastage of time and money in seeking clarifications on technical/ commercial aspect of the offer. Bids having any deviation to the RFQ Terms & Conditions may lead to rejection of offer.
12. AGENTS/ REPRESENTATIVES/ RETAINERS/ ASSOCIATES
12.1. BPCL would prefer to deal directly with the manufacturers/ principals abroad without involving any Indian agent. Agents/ representatives/ retainers/ associates bids found at any stage of evaluation i.e. from un-priced bid opening till priced bid opening shall be liable for rejection.
13. CONFIDENTIALITY OF BID DOCUMENT
13.1. The bidder shall not disclose any information contained in the bid document or otherwise supplied in connection with this bid to any third party, except for the purpose of preparing its bid and shall require any such third party to treat such information as confidential.
13.2. After the opening of bids, information relating to the examination, clarification, evaluation and comparison of bids and recommendations concerning to award of contract shall not be disclosed to Bidders.
14. SIGNING OF BID
14.1. The Bid must contain the name, designation, residence and place of business of the person or persons submitting the Bid, and must be signed and sealed by the Bidder with his usual signature. The names of all persons signing should also be typed or printed below their signature.
14.2. Satisfactory evidence of authority of the person signing on behalf of the Bidder shall be furnished with the Bid.
14.3. The Bidder’s name stated in the Bid shall be the EXACT LEGAL NAME OF FIRM / COMPANY / CORPORATION, etc. as registered or incorporated.
15. SUBMISSION OF BIDS
15.1. Bids should be submitted through e-tendering portal in 3 part bid system (i.e., "Pre- Qualification Bid”, “Technical Bid" & "Priced Bid") OR in 2 part bid system, (i.e., “Prequalification and Techno-commercial bid” & "Priced Bid" as described in SPC, in complete accordance with tender documents and its attachments.
15.2. Bidders are to note that in case of 2 part bid system tenders, all the documents mentioned against “Pre-Qualification Bid” and “Technical Bid” as indicated above shall be submitted along with “Technical Bid”.
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15.3. "Pre-Qualification Bid” shall be complete with all the required documents uploaded as given below.
a. All required documents as per PQ criteria b. Scan Copy of EMD (Demand draft/ Bank Guarantee/ Valid NSIC Certificate) or Registration/ Exemption Certificate (if any). c. Performa of Holiday List to be submitted properly filled. d. Contact details of Vendor duly filled, signed and stamped. e. Integrity Pact Document duly filled, signed and stamped on each page f. Any other supporting documents/ information in support of the bid. g. Un-Priced copy of Price Schedule with an indication “Quoted” or “Not- Quoted” against each item. Please do not indicate prices in Un-Price Bid, in cases where scan copies of un-priced bids are required to be uploaded.
15.4. "Technical Bid", i.e. Techno-Commercial Bid, shall be submitted with all technical and commercial details (other than price). The sought details are to be duly filled in E-tender portal OR uploaded as scanned copies with signatures and stamp of the authorised signatory, as the case may be. The technical bid shall essentially contain the following documents shall be submitted/ uploaded:-
a. The Techno-Commercial offer shall contain all technical Specifications, and any other technical details you would like to inform BPCL on the subject job. This shall also include the following documents. b. Details of taxes and duties as per the format. c. Technical & Commercial Deviations if any. These shall be indicated in the format attached. d. Any other supporting documents/ information in support of the Un-priced Bid. e. BPCL’s Special Purchase Conditions (SPC), duly signed and stamped as a token of acceptance. f. Acceptance, Compliance, Deviations and Exceptions: Bidders are requested to have all their queries clarified before bidding. Bidders are required to confirm and accept all the terms and conditions of the RFQ. However, if they still have deviations from our RFQ and the attachments (GPC, SPC, ITB, Commercial Questionnaire, etc.), they can indicate deviations in the Form giving reference to clause no.
15.5. “Priced Bid” shall be complete with the Price Schedule duly filled in E-tender portal OR uploaded as scanned copies with signatures and stamp of the authorised signatory, as the case may be.
In case of scanned copy uploads, price bids shall be uploaded at appropriate locations in E-tender portal, with seal and signatures on all pages. Quoted price for each item shall be written in figures & words.
15.6. Bids complete in all respects should be submitted in BPCL E-tender portal on or before the due date & time. All scanned copies of the documents submitted by the bidder, shall be duly signed & stamped on all pages. The offer shall be submitted in the Portal under the digital signature of the bidder.
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15.7. All changes/ alterations/ corrections in the BID shall be signed in full by the person or persons signing the Bid, with date, in case of scan copy upload. No erasure, use of correction fluid and/ or overwriting is permitted. All blank spaces shall be filled in by hand/ printed and, alterations or erasures, if any occur, shall be formally explained over the signature of authorized representative. Non-compliance/ violation of this requirement may be cause for the rejection of the Bid.
15.8. Offer submitted by Telex/ Telegraphic/ Fax/ E-Mail or Hard copy in sealed covers, shall not be accepted.
15.9. BPCL shall not be responsible for any delay in uploading of offer due to unforeseen delays/ problems in network. Bidders are requested to submit their offers well before the due date and time to avoid any unforeseen problems with power supply or network issues.
16. DEADLINE FOR SUBMISSION OF BID
16.1. The E-Bids must be submitted on or before the last date and time mentioned in the RFQ.
16.2. BPCL may, in exceptional circumstances and at its discretion, on giving reasonable notice by fax or any written communication to all prospective bidders who have purchased the bid document extend the deadline for the submission of e-bids in which case all rights and obligations of BPCL and bidders, previously subject to the original deadline will thereafter be subject to deadline as extended.
17. MODIFICATION AND WITHDRAWAL OF BIDS
17.1. The Bidder may modify or withdraw their Bid after the Bid’s submission, in E-tender platform, prior to the due date.
17.2. No bid shall be modified subsequent to the deadline for submission of bids.
17.3. No bid shall be allowed to be withdrawn in the interval between the deadline for submission of bids and the expiration of the period of bid validity specified by the bidder. Withdrawal of a bid during this interval shall result in the forfeiture of bidder’s EMD and/ or holiday listing of such bidders.
18. TENDER OPENING:
18.1. The deadline for bid submission as per due date mentioned. The bids can be submitted in the e-procurement website up to the tender due date and time. The Pre-qualification bids (in case of 3 part bids) and Technical bids (in case of 2 part bids) will be opened online through e-procurement website https://bpcleproc.in, on the same day.
18.2. Pre-qualification Bids: The Pre-qualification bids shall be opened on the due date mentioned. Bidders, who have submitted their bids, can view/ witness the "Pre- qualification Bid" opening through the e-portal. The offers of those bidder(s) whose offer meet the Prequalification requirements, will only be considered for further evaluation, while those not meeting the Pre-qualification criterion, will be rejected without any clarification.
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18.3. Technical Bids:- The Technical bids (Techno-Commercial Bid) of those bidder(s), whose offers for "Pre-qualification Bid" are found to be acceptable, will only be opened under advance intimation to them. Such Qualified Bidders can view/ witness the "Un-priced Bid" opening through the e-portal.
18.4. Price Bids:- 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. Such Techno-Commercially accepted bidders can view/ witness the "Price Bids" opening through the e-portal.
19. CONTACTING THE OWNER/ OWNER REPRESENTATIVE
19.1. From the time of the bid opening to the time of the award, if any bidder wishes to contact the Owner for any matter relating to the bid, it should done in writing.
19.2. Canvassing in any form by the Bidder or by any other Agency on behalf of the Bidder after submission of the Bid may disqualify the said Bid. Any effort by a bidder to influence BPCL in any manner in respect of bid evaluation in decisions concerning award of contract will result in the rejection of that bid.
20. EXAMINATION OF BIDS AND DETERMINATION OF RESPONSIVENESS
20.1. BPCL will examine the bids to determine whether they are complete, whether any computational errors have been made, whether the documents have been properly signed, and whether the bids are generally in order.
20.2. Prior to the detailed evaluation, BPCL will determine whether each bid is of acceptable quality, is generally complete and is responsive to the RFQ Documents. For the purposes of this determination, a responsive bid is one that conforms to all the terms, conditions and specifications of the RFQ Documents without deviations, objections, conditionality or reservations.
20.3. As part of examination, evaluation and comparison of Bids, the Owner may at his discretion, ask Bidders individually for clarification or call them for discussion of their Bid.
20.4. For Techno-Commercial clarifications, bidders shall normally be given a cut-off date for furnishing clarifications. Clarifications received after the specified cut-off date are liable not to be considered for evaluation. Technical Query (TQ)/Commercial Query (CQ) shall be issued to bidders through E-Mail/E Tendering platform. Reply of TQ/CQ shall also be received through E-Mail/E-Tendering platform.
20.5. Bidder shall not be allowed to submit any Price Implication or Revised Price after submission of Bid, unless there is change in the stipulations of the RFQ Document and such changes are incorporated through an Amendment. In case Exceptions and Deviations submitted by Bidder along with Bid are not considered as acceptable and no Amendment is issued, then in such a case the Bidders would be required to withdraw such Exceptions/Deviations in favour of stipulations of the RFQ document and Bidders would not be eligible for submission of Price Implication/Revised Price, failing which such Bid(s) shall be considered as non-responsive and rejected.
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20.6. BPCL determination of a bid’s responsiveness is to be based on the contents of the bid itself without recourse to extrinsic evidence. If a bid is not responsive, it will be rejected by BPCL, and may not subsequently be made responsive by the bidder by correction of the nonconformity.
21. COMMERCIAL EVALUATION
21.1. Bidders are required to quote firm prices as per the Price Schedule format for submitting prices and show all taxes, duties and levies, cess etc. separately. Bids shall be evaluated on the basis of landed cost at site considering eligible CENVAT/ input tax credits as applicable. Applicable taxes and duties shall be indicated in the un- priced copy of price format.
21.1.1. BPCL may claim Cenvat / input tax credits on taxes and duties as per the relevant statutes in force and the credit on account of the same shall be considered for evaluation. The bidders shall furnish the present rate of taxes and duties, applicable for the tender separately as per format attached. Successful bidders shall furnish all documents as required to enable BPCL to avail CENVAT/ input tax credit. Excise duty, Service Tax and VAT shall be released only on receipt of Cenvatable / Vatable copy of corresponding Invoice enabling availing of input credits by BPCL.
21.2. If the bidder in his quotation specifies that CST/ VAT is not applicable due to any reason, the same shall be borne by bidder, if it becomes applicable any time during the pendency of the contract.
21.3. Bidder has to quote freight charges including service tax, since cenvat credit on service tax paid by the bidder may not be available to BPCL. In case bidder wish to quote service tax separately and they can pass on the cenvat credit on service tax paid can quote service tax on freight separately and this amount would be considered as reduction in quoted price (landed price) while evaluating the bids, subject to the following:
• Deduction would be to the extent of cenvat credit service tax available to the refinery. • Bidder to confirm that Invoice in which freight is claimed will show this service tax amount separately and also will mention the service tax registration number under which this service tax is paid to the Govt.; • While releasing payment after award of the order, the service tax amount as mentioned above would be paid only if invoice showing the said amount and service tax registration number is made available by the bidder.
If bidder failed to give proper documents to avail cenvat credit, Service tax on freight claimed will not be paid.
21.4. Any Statutory variation in taxes and duties, within the contractual delivery date, shall be on owner’s account, against submission of documentary evidence. However, in case of delay in delivery beyond the contractual date, for reasons attributable to seller, any increase in these rates shall be borne by seller, whereas any decrease shall be passed on to the owner. BPCL shall take CENVAT benefit as applicable.
21.5. Any new or additional taxes/ duties and any increase in taxes/ duties imposed after contractual delivery period shall be to supplier’s account, whereas any corresponding decrease shall be passed on to the owner.
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21.6. For the purpose of applicability of statutory variations on taxes and duties (including imposition of any new taxes/duties/levies, etc.) under above terms, each staggered delivery of lots (due in a specific month as per delivery schedule for bulk items) shall be considered as delivery date for the respective lot(s).
21.7. Concessional rate of Custom Duty:
21.7.1. The bidder must ascertain and confirm along with supporting documents in the bid, if any Customs Duty exemption / waiver is applicable to the products being supplied by him under any multi-lateral / bi-lateral trade agreement between India and bidder’s country.
21.7.2. The bidder shall be liable to provide all documentation to ensure availment of the exemption/ waiver. In case the bidder defaults on this due to any reason, whatsoever, he shall be liable to bear the incremental Customs Duty applicable, if any.
21.7.3. Any Customs Duty applicability on account of any change in the bi-lateral/ multi- lateral agreement shall be to bidder’s account.
21.7.4. Documentation to be furnished for availing the exemption/ waiver of Customs Duty shall be specifically listed in the Letter of Credit also as the pre-requisite for release of payment against shipping documents and this documentation shall necessarily form a part of shipping documents.
21.8. Purchase Preferences as applicable shall be considered as per GPC.
21.9. In case bidder intend not to quote for certain item/ tags/ groups as applicable, then the bidder shall mention “Not Quoted (NQ)” in respective cells of price schedule. Wherever cell is found blank in the price schedule, then it shall be treated as “Not Quoted (NQ)” and evaluation of bids shall be carried out accordingly.
22. LOADING CRITERIA AND PRICE EVALUATION & COMPARISON.
Bidders are requested to submit the offer in line with RFQ documents terms and conditions. Any deviation on account of payment terms, non-acceptance of Performance Bank Guarantee (PBG) and Price Reduction Schedule (PRS) clauses will lead to loading of prices while evaluation.
23. EVALUATION CRITERIA FOR COMPARISON OF BIDS
a. Bids shall be evaluated on the basis of net effective price i.e. landed cost at Site including third party inspection charges (if applicable) by BPCL minus CENVAT / Set off benefit available to BPCL.
b. Commercial loading shall be done on FOT dispatch Point price.
c. If a supplier does not quote freight charges or mentioned that freight extra, his offer shall be loaded with maximum freight charges as quoted by the other bidders.
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d. Taxes/Duties: The taxes & duties will be cost loaded as applicable. However, if a vendor states that the sales tax/ Excise Duty is not applicable at present or quotes lesser percentage and will be charged as applicable at the time of delivery, then such vendor’s price will be loaded by the highest rate as indicated by the remaining vendors.
23.1. Where Indian as well as Foreign Bids are under comparison:
23.1.1. Quoted prices in Indian Rupees for Indigenous Supply and in Foreign Currency for Imported supply shall be considered for evaluation. For evaluation purposes, all quoted values in foreign currency would be converted to Indian Rupees at SBI TT Selling Rates on date previous to date of opening of price bid (or the latest available conversion rate) for comparison of quotes.
Loading for Taxes and Duties : Indigenous supplies: Excise Duty: As quoted by the bidder (with excise tariff no.), Sales Tax / VAT: As quoted by the bidder.
Imported supplies: CVD, ACD, Customs duty, Safeguard duty etc. as applicable shall be loaded extra.
23.1.2. Loading for Entry Tax: / Octroi – Entry Tax / Octroi Charges (As Applicable at destination) shall be loaded extra.
23.1.3. Loading for Transportation and clearing & forwarding: For Indigenous Supply: Transportation charges quoted by the bidder to BPCL Kochi Refinery site shall be loaded in price evaluation.
For Imported Supply : Ocean freight from port of loading to destination port as quoted by the bidder shall be loaded for comparison.
Loading of 0.25% shall be done on CFR Value for Marine Insurance
A loading of 3% on CIF value shall be done towards Port handling & Clearance charges. Container de-stuffing charges if applicable would also be loaded extra.
23.1.4. Services Withholding Tax and Service tax as applicable will be loaded extra.
23.1.5. Loading on account of deviation in commercial terms, Payment terms: If any differential payment terms is offered by the bidder as against BPCL terms mentioned in this tender, and same is accepted by BPCL, vendor shall be loaded at rate equivalent to benchmark prime lending rate (BPLR) of State Bank of India applicable on the date of opening of price bid, calculated for the applicable period for the applicable amount.
Any other charges as quoted by the bidder shall be loaded / added.
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23.1.6. Cenvat Credit / VAT Credit:
For Materials Portion : Cenvat Credit in respect of Excise duty / Cenvatable portion of Customs Duty and Input Tax credit in respect of VAT paid as per eligibility of respective Refinery, would be deducted from gross value for the purpose of comparison. This is the net effective value (net of cenvat and input tax credit) for material.
For services portion: Cenvat Credit on Service Tax, as applicable will be deducted from gross value for the purpose of comparison. This is the net effective value (net of cenvat and input tax credit) for services.
Offers would be evaluated for net landed cost as under.
A – Basic Price (As quoted in INR or as converted in INR) for Material + Services.
B – Loading of all applicable charges such as Packing and Forwarding Charges, Excise Duty / Customs Duty, Sales Tax/VAT, Freight Charges and tax on freight if any, Octroi Charges / Entry Tax, Insurance, Port Handling Charges, Container De-Stuffing Charges, Withholding Tax, Service Tax, Loading on account of deviations if any and any other charge quoted by the bidder etc.
C – Net Effective Cost / Net Landed Cost = [(A + B) – (Applicable Cenvat Credit + Applicable Input Tax Credit)].
24. THIRD PART INSPECTION :
24.1. For all indigenous suppliers, BPCL will nominate authorised Third party Inspection (TPI) agency. TPI charges for the same shall be paid directly to TPI agency by BPCL. Suppliers are required to coordinate with the TPI agency for carrying out TPI activities.
24.2. For imported items, the bidders quoted price shall include third party inspection charges, which will be considered for evaluation of prices and included in the order value at the time of award of order.
24.3. For requirement of TPI refer Special Purchase Conditions of the tender.
25. Purchase Preference to MSE’s:
25.1. Bidders who are MSE’s and MSE’s owned by SC/ST shall be allowed purchase preference as per the government guidelines/ instructions on the subject in force from time to time. All MSEs who are having Udyog Aadhaar Memorandum (UAM) shall be given all benefits available under Public Procurement Policy for MSEs order 2012.
25.2. Bidders claiming purchase preference as MSE need to submit the following documents: • Self-attested copy of all the pages of the EM-II certificate issued by the appropriate authorities mentioned in the Public procurement policy of MSEs- 2012.; and
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• Vendors declaration / affidavit in their Organization/Company Letter Head, 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.
Original of the EM-II certificate to be produced for verification, if called for (if the bidder is not already registered with BPCL as MSE vendor).
26. ARITHMETIC CORRECTIONS
26.1. If there is correction/ wrong entry or a difference between the values entered in figures and in words, the following procedure shall be adopted for evaluation:
a. When there is a difference between the rate in figures and in words for an item, the rate which corresponds to the amount worked out by the Bidder for the item based on the notional quantity specified, shall be taken as correct.
b. When the rate quoted by the Bidder in figures and words tallies but the amount is incorrect, the rate quoted by the Bidder shall be taken as correct
c. When it is not possible to ascertain the correct rate as detailed above, the rate quoted for the item in words shall be adopted as the quoted rate.
d. If the total amount written against an item does not correspond to the rate written in figures and if the rate in words is not written by the bidder, then the higher of the rates, i.e. higher of the rate worked out by dividing the amount by the notional quantity and the rate quoted shall be considered for evaluation. In the event that such a bid is determined as the lowest bid, the lower of the rates shall be considered for ordering.
e. Any uncalled for lump sum/ percentage or adhoc reduction/ increase in prices, offered by the Bidders after opening of the prices, shall not be considered. However, if reduction is from the recommended Bidder, such reduction shall be taken into account for arriving at the contract value.
f. If prices etc. are not filled up in the PRICED BID and are not as per the requirements of the Bidding Document, the same shall be omitted from evaluation.
27. BID REJECTION CRITERIA:
27.1. The bidders shall adhere to the following provisions of the Bidding Document without taking any deviations, failing which the Bid shall be considered to be non- responsive and are liable to be rejected.
a. Defects liability period/ Guarantee Period. b. Bids with Price Variation Clause (PVC) without variation formula and ceiling. c. Advance payment d. Non submission of EMD as applicable e. Non submission of “Proforma for declaration regarding holiday listing” f. Any other rejection point specified elsewhere in the RFQ Documents.
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28. AWARD OF CONTRACT :
28.1. Prior to the expiring of the period of Bid validity prescribed by BPCL, BPCL will notify the successful Bidder by Letter of Acceptance (LOA) / Purchase Order (PO) that his Bid has been accepted. This notification of award shall contain the sum which BPCL will pay to the successful bidder in consideration of the execution and completion of the work as per Purchase order. BPCL will be the sole judge in the matter of award of PO and the decision of BPCL will be final and binding. Successful bidder shall duly sign and stamp one copy of the LOA / PO as token of acceptance and return to BPCL within 10 days from date of LOA / PO.
28.2. The notification of award will constitute the formation of contract. The successful Bidder shall execute the requirements of a Purchase Order, which, among other things, shall include, by reference, all the Sections and provisions of these Bid Documents. The Purchase Order shall be signed by the duly authorized representatives of the Bidder and BPCL.
29. INTEGRITY PACT (IP):
29.1. Proforma of Integrity Pact (IP) shall be returned by the Bidder/s along with the bid documents, duly signed by the same signatory who is authorized to sign the bid documents. All the pages of the Integrity Pact shall be duly signed, scanned and uploaded along with other documents. Bidder's failure to upload the IP duly signed along with bid documents shall result in the bid not being considered for further evaluation.
29.2. If the Bidder has been disqualified from the tender process prior to the award of the contract in accordance with the provisions of the IP, BPCL shall be entitled to demand and recover from Bidder Liquidated Damages amount by forfeiting the EMD/ Bid Security as per provisions of IP.
29.3. If the contract has been terminated according to the provisions of the IP, or if BPCL is entitled to terminate the contract according to the provisions of the IP, BPCL shall be entitled to demand and recover from Contractor Liquidated Damages amount by forfeiting the Security Deposit/Performance Bank Guarantee as per provisions of the IP.
29.4. Bidders may raise disputes/complaints, if any, with the nominated Independent External Monitor (IEM). The IEM's name, address & contact number is given below:
Shri. Shri. Brahm Dutt Address : A-1/8 Safdarjung Enclave, New Delhi - 110 029. E-mail : [email protected] Mobile No. : 09871920282
30. POLICY FOR HOLIDAY LISTING OF VENDORS IN BPCL:
30.1. The guidelines for holiday listing shall be applicable as per web link given below: https://bharatpetroleum.in/pdf/holidaylistingpolicyfinal.pdf
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31. SETTLEMENT OF DISPUTE BETWEEN GOVT. DEPT. / PUBLIC SECTOR UNDERTAKINGS IN A PURCHASE OR SERVICE CONTRACT :
31.1. In the event of any dispute or differences between the VENDOR / CONTRACTOR / SUPPLIER and the OWNER, if the VENDOR /CONTRACTOR / SUPPLIER is a Government Department, a Government Company or a undertaking in the public sector, then in suppression of the provisions of clause 23 of the GPC (corresponding clause no of GCC or NIT etc.), stands modified to the following extent:- All disputes and differences of whatsoever nature arising out of or in relation to this Contract / Agreement or in relation to any subsequent contract / agreement between the parties shall be attempted to be resolved amicably by mutual discussions between the parties. If they are not settled at the implementation level of officers, then these unresolved disputes/ differences will be referred for resolution by discussions with the concerned Director of BPCL and the concerned Director of Vendor / Contractor / Supplier. In case same does not resolve the difference within 30 days, arbitration clause as hereunder would apply. In the event of any dispute or difference relating to the interpretation and application of the provisions of the contracts, such dispute or difference shall be referred by either party for Arbitration to the sole Arbitrator in the Department of Public Enterprises to be nominated by the Secretary to the Government of India in- charge of the Department of Public Enterprises. The Arbitration and Conciliation Act, 1996 shall not be applicable to arbitration under this clause. The award of the Arbitrator shall be binding upon the parties to the dispute, provided, however, any party aggrieved by such award may make a further reference for setting aside or revision of the award to the Law Secretary, Department of Legal Affairs, Ministry of Law & Justice, Government of India. Upon such reference the dispute shall be decided by the Law Secretary or the Special Secretary/Additional Secretary, when so authorized by the Law Secretary, whose decision shall bind the Parties finally and conclusively. The Parties to the dispute will share equally the cost of arbitration as intimated by the Arbitrator.
32. ARBITRATION CLAUSE:
GPC Arbitration clause is revised as below:
32.1. Any dispute or difference of any nature whatsoever, any claim, cross-claim, counter- claim or set off of the Company against the Contractor or regarding any right, liability, act, omission or account of any of the parties hereto arising out of or in relation to this agreement shall be referred to and finally resolved by Sole Arbitrator, who shall be appointed by Director (Refinery) of BPCL as per the procedure given in sub-clause (b) given herein below.
32.2. Procedure for appointing the sole arbitrator: A party wishing to commence an arbitration (the “Claimant”) shall file with the Director (Refinery) of BPCL a Notice of Arbitration which shall comprise:
i. a demand that the dispute be referred to arbitration; ii. a reference to the arbitration clause or the arbitration agreement that is invoked and a copy of it; iii. a reference to the contract out of or in relation to which the dispute arises and where possible, a copy of it;
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iv. a brief statement describing the nature and circumstances of the dispute, specifying the relief claimed and, where possible, an initial quantification of the claim amount. v. any other details which the claimant wishes to refer and rely upon.
Upon receipt of the above notice of arbitration, the Director (Refinery) of BPCL shall appoint the Sole Arbitrator as per the provisions of the Arbitration and Conciliation Act, 1996.
32.3. The venue of arbitration shall be Mumbai (in case of Mumbai Refinery) or Kochi (in case of Kochi Refinery). The award of the arbitrator so appointed shall be final, conclusive and binding on all parties to the agreement subject to the provisions of the Arbitration & Conciliation Act, 1996 or any statutory modification or re- enactment thereof and the rules made thereunder for the time being in force shall apply to the arbitration proceedings under this clause.
32.4. The arbitrator shall have power to order and direct either of the parties to abide by, observe and perform all such directions as the arbitrator may think fit having regard to the matters in difference i.e. dispute, before him. The arbitrator shall have all summary powers and may take such evidence oral and/or documentary, as the arbitrator in his absolute discretion thinks fit and shall be entitled to exercise all powers under the Indian Arbitration & Conciliation Act 1996 including admission of any affidavit as evidence concerning the matter in difference i.e. dispute before him.
32.5. The parties against whom the arbitration proceedings have been initiated, that is to say, the Respondents in the proceeding, shall be entitled to prefer a cross-claim, counter claim or set off before the Arbitrator in respect of any matter in issue arising out of or in relation to the Agreement without seeking a formal reference of arbitration for such counter-claim, cross claim, or set off and the Arbitrator shall be entitled to consider and deal with the same as if the matters arising therefrom has been referred to him originally and deemed to form part of the reference made by the Director(Refinery).
32.6. The arbitrator shall be at liberty to appoint, if necessary any accountant or engineering or other technical person to assist him, and to act by the opinion so taken.
32.7. The arbitrator shall have power to make one or more awards whether interim or otherwise in respect of the dispute and difference and in particular will be entitled to make separate awards in respect of claims of cross claims of the parties.
32.8. The arbitrator shall be entitled to direct any one of the parties to pay the costs to the other party in such manner and to such extent as the arbitrator may in his discretion determine and shall also be entitled to require one or both the parties to deposit funds in such proportion to meet the arbitrators expenses whenever called upon to do so.
32.9. The parties hereby agree that the courts in the city of Mumbai (in case of Mumbai Refinery) or Kochi (in case of Kochi Refinery) alone shall have jurisdiction to entertain any application or other proceedings in respect of anything arising under this agreement and any award or awards made by the Sole Arbitrator hereunder shall be filed (if so required) in the concerned courts in the city of Mumbai (in case of Mumbai Refinery) or Kochi (in case of Kochi Refinery) only.
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33. GENERAL POINTS:
33.1. BPCL reserves the right to extend due dates of tender, accept or reject any tender in part or full, without assigning any reason whatsoever. BPCL also reserves its right not to accept the lowest rates quoted by the bidders 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.
33.2. Offers and all correspondence must be in English language only.
33.3. Any effort by bidder or bidder’s agents, consultant or representative, howsoever 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.
33.4. BPCL reserves the right to reject any or all the tenders without assigning any reasons whatsoever. Also BPCL reserves the absolute right to reject any or all the bids/tenders solely based upon the past unsatisfactory performance by the bidder/bidders in BPCL, the opinion/ decision of BPCL regarding the same being final and conclusive.
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BHARAT PETROLEUM CORPORATION LIMITED Central Procurement Organisation (Refineries)
SUBJECT: SUPPLY OF HEAT EXCHANGER TUBES (ADMIRALTY BRASS & COPPER-NICKEL) FOR BPCL - MUMBAI REFINERY.
REF. : CRFQ No. 1000254400, E-Tender No.11965
ACCEPTANCE OF INSTRUCTIONS TO BIDDERS
We, M/s. ______having office at ______read INSTRUCTIONS TO BIDDERS and confirm our acceptance to all the terms and conditions as mentioned herein in the document except for deviations mentioned in the deviation form.
Deviations : YES / NO (Bidder to tick)
If yes, same is mentioned in Annexure-8 i.e. TECHNICAL DEVIATION FORM and Annexure-9 i.e. COMMERCIAL DEVIATION FORM.
Date : Signature of Authorised Signatory
with Name & designation and Co. Seal.
Name & full address of the Firm :
M/s. ______
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Annexure-7 Bharat Petroleum Corporation Limited
General Purchase Conditions
The following conditions shall be applicable for all procurement unless specifically mentioned in the Special Purchase Conditions.
INDEX
1. DEFINITIONS 2. REFERENCE FOR DOCUMENTATION 3. RIGHT OF OWNER TO ACCEPT OR REJECT TENDER 4. LANGUAGE OF BID 5. PRICE 6. TAXES AND DUTIES 7. INSPECTION 8. SHIPPING 9. INDIAN AGENT COMMISSION 10. ORDER AWARD / EVALUATION CRITERIA 11. CONFIRMATION OF ORDER 12. PAYMENT TERMS 13. GUARANTEE/WARRANTY 14. PERFORMANCE BANK GUARANTEE 15. PACKING & MARKING 16. DELIVERY 17. UNLOADING AND STACKING 18. TRANSIT INSURANCE 19. VALIDITY OF OFFER 20. DELIVERY DATES AND PRICE REDUCTION SCHEDULE 21. RISK PURCHASE CLAUSE 22. FORCE MAJEURE CLAUSE 23. ARBITRATION CLAUSE 24. INTEGRITY PACT (IP) 25. RECOVERY OF SUMS DUE 26. CONFIDENTIALITY OF TECHNICAL INFORMATION 27. PATENTS & ROYALTIES 28. LIABILITY CLAUSE 29. COMPLIANCE OF REGULATIONS 30. REJECTION, REMOVAL OF REJECTED GOODS AND REPLACEMENT 31. NON-WAIVER 32. NEW & UNUSED MATERIAL 33. PURCHASE PREFERENCE CLAUSE 34. CANCELLATION 35. ANTI –COMPETITIVE AGREEMENTS/ABUSE OF DOMINANT POSITION 36. ASSIGNMENT 37. GOVERNING LAW 38. AMENDMENT 39. SPECIAL PURCHASE CONDITIONS 40 NOTICES
Page 1 of 24
Bharat Petroleum Corporation Limited
General Purchase Conditions
1. DEFINITIONS :
The following expressions used in these terms and conditions and in the purchase order shall have the meaning indicated against each of these:
1.1. OWNER: Owner means Bharat Petroleum Corporation Limited (a Government of India enterprise), a Company incorporated in India having its registered office at Bharat Bhavan, 4 & 6 Currimbhoy Road, Ballard Estate, Mumbai 400038 and shall include its successors and assigns (hereafter called BPCL as a short form).
1.2. VENDOR: Vendor means the person, firm or the Company / Corporation to whom this Request for quotation (RFQ)/purchase order is issued and shall include its successors and assigns.
1.3. INSPECTOR: Person/agency deputed by BPCL for carrying out inspection, checking/testing of items ordered and for certifying the items conforming to the purchase order specifications..
1.4. GOODS / MATERIALS: means any of the articles, materials, machinery, equipments, supplies, drawing, data and other property and all services including but not limited to design, delivery, installation, inspection, testing and commissioning specified or required to complete the order.
1.5. SITE / LOCATION: means any Site where BHARAT PETROLEUM CORPORATION LTD. desires to receive materials any where in India as mentioned in RFQ.
1.6. “RATE CONTRACT” means the agreement for supply of goods/ materials between Owner and Vendor, for a fixed period of time (i.e till validity of Rate Contract, with no commitment of contractual quantity) on mutually agreed terms and conditions. The actual supply of goods/ materials shall take place only on issue of separate purchase orders for required quantity as and when required by Owner.
1.7. “FIRM PROCUREMENT” means the agreement between the parties for mutually agreed terms and conditions with commitment of Quantity Ordered.
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2. REFERENCE FOR DOCUMENTATION :
2.1. The number and date of Collective Request for Quotation (CRFQ) must appear on all correspondence before finalization of Rate Contract / Purchase Order.
2.2. After finalization of Contract / Purchase Order: The number and date of Rate Contract / Purchase Order must appear on all correspondence, drawings, invoices, dispatch advices, (including shipping documents if applicable) packing list and on any documents or papers connected with this order.
2.3. In the case of imports, the relevant particulars of the import Licence shall be duly indicated in the invoice and shipping documents as well as on the packages or consignments.
3. RIGHT OF OWNER TO ACCEPT OR REJECT TENDER : The right to accept the tender will rest with the Owner.
4. LANGUAGE:
The Bid and all supporting documentation and all correspondence whatsoever exchanged by Vendor and Owner, shall be in English language only.
5. Price :
Unless otherwise agreed to the terms of the RFQ, price shall be :
Firm and no escalation will be entertained on any ground, except on the ground of statutory levies applicable on the tendered items.
6. TAXES AND DUTIES :
All vendors shall have VAT / CST/GST/Service tax registration in the concerned State and vendor shall quote their TIN number in the quotation.
6.1. EXCISE DUTY :
6.1.1. Excise duty extra as applicable at the time of delivery within scheduled delivery period will be payable by BPCL against documentary evidence. Vendor shall mention in their offer, the percentage of excise duty applicable at present. Any upward variation in excise duty rates, beyond the contractual delivery period, shall be to vendor’s account.
6.1.2. In case Excise Duty is not applicable at present : Excise duty due to change in turn over is not payable. If applicable in future, the same will be borne by vendor.
6.1.3. Owner shall take CENVAT Credit on the material supplied for both excise duty and cess component and accordingly Excise duty / Cess should be quoted separately wherever applicable.
Vendor shall ask the transporter of the goods to hand over the copy of excise invoice (transporter’s copy) at the time of delivery of goods at owner’s site.
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6.2. SALES TAX / VAT/GST :
6.2.1. Sales Tax as applicable at the time of delivery within scheduled delivery period will be payable by BPCL. Vendor shall give details of local sales tax and/oror central sales tax currently applicable in their offer. The rates applicable for “CST without form C”, “CST with form C" and “VAT” shall be clearly indicated.
6.2.2. Input VAT Credit may be claimed by BPCL, wherever applicable. Vendor shall submit the TAX invoice.
6.3 Service tax :
All vendors shall have service tax registration wherever applicable. BPCL may also claim CENVAT Credit on service tax. The vendor should quote service tax separately, if applicable. Vendor shall submit the TAX invoice. Vendor is required to furnish serially numbered and signed invoice / bill / challan containing the following details:
a) Name, address and registration number of the service provider b) Name and address of person receiving taxable service c) Description, classification and value of taxable service provided d) Service Tax Payable
6.4 FREIGHT AND OCTROI :
6.4.1 Freight: Firm freight charges to be quoted as indicated in the Tender documents. Freight shall be payable after receipt of the Material(s) at the site, unless otherwise specified.
6.4.2. Octroi and entry taxes, if any, shall be invoiced separately and shall be re-imbursed by BPCL at actuals after receipt of the Material(s) at the Site against the submission of original documentary evidence for proof of payment of the related octroi and entry taxes, as the case may be.
6.5. NEW STATUTORY LEVIES :
All new statutory levies leviable on sale of finished goods to owner , if applicable are payable extra by BPCL against documentary proof, within the contractual delivery period.
6.6 Variation in Taxes/Duties
Any increase/decrease in all the above mentioned statutory levies on the date of delivery during the scheduled delivery period on finished materials will be on BPCL's account. Any upward variation in statutory levies after contractual delivery date shall be to vendor’s account.
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7. INSPECTION :
7.1. Materials shall be inspected by BPCL approved third party inspection agency if applicable before dispatch of materials. However, arranging and providing inspection facilities is entirely vendor’s responsibility and in no way shall affect the delivery schedule.
7.2. Scope of Inspection shall be as per RFQ. Our registered third party inspection agencies are SGS/GLISPL/IRS/DNV/LRIS/EIL/TATA Projects/PDIL/ULIPL/RITES LTD/ITSIPL as amended time to time unless otherwise specified in the Special Purchase Conditions.
7.3. Unless otherwise specified, the inspection shall be carried out as per the relevant standards/scope of inspection provided alongwith the Tender Enquiry/Purchase Order.
7.4. BPCL may, at its own expense, have its representative(s) witness any test or inspection. In order to enable BPCL’s representative(s) to witness the tests/inspections. BPCL will advise the Vendor in advance whether it intends to have its representative(s) be present at any of the inspections.
7.5. Even if the inspection and tests are fully carried out, the Vendor shall not be absolved from its responsibilities to ensure that the Material(s), raw materials, components and other inputs are supplied strictly to conform and comply with all the requirements of the Contract at all stages, whether during manufacture and fabrication, or at the time of Delivery as on arrival at site and after its erection or start up or consumption, and during the defect liability period. The inspections and tests are merely intended to prima-facie satisfy BPCL that the Material(s) and the parts and components comply with the requirements of the Contract. The Vendor’s responsibility shall also not be anywise reduced or discharged because BPCL or BPCL’s representative(s) or Inspector(s) shall have examined, commented on the Vendor’s drawings or specifications or shall have witnessed the tests or required any chemical or physical or other tests or shall have stamped or approved or certified any Material(s).
7.6. Although material approved by the Inspector(s), if on testing and inspection after receipt of the Material(s) at the location, any Material(s) are found not to be in strict conformity with the contractual requirements or specifications, BPCL shall have the right to reject the same and hold the Vendor liable for non-performance of the Contract.
8. SHIPPING :
8.1 SEA SHIPMENT :
All shipment of materials shall be made by first class direct vessels, through the chartering wing, Ministry of Surface Transport as per procedure detailed hereunder. The Foreign Supplier shall arrange with Vessels Owners or Forwarding Agents for proper storage of the entire Cargo intended for the project in a specific manner so as to faciliate and to avoid any over carriage at the port of discharge. All shipment shall be under deck unless carriage on deck is unavoidable.
The bills of lading should be made out in favour of `Bharat Petroleum Corporation Ltd.. or order'.
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All columns in the body of the Bill of Lading namely marks and nos., material description, weight particulars etc., should be uniform and accurate and such statements should be uniform in all the shipping documents. The freight particulars should mention the basis of freight tonnage, heavy lift charges, if any, surcharge, discount etc. clearly and separately. The net total freight payable shall be shown at the bottom.
SHIPPING DOCUMENTS :
All documents viz. Bill of Lading, invoices, packing list, freight memos, country of origin certificates, test certificate, drawings and catalogues should be in English language.
In addition of the bill of lading which should be obtained in three stamped original plus as many copies as required, invoices, packing list, freight memos,(if the freight particulars are not shown in the bills of lading), country of origin certificate, test / composition certificate, shall be made out against each shipment in as many number of copies as shown below.
The bill of lading, invoice and packing list specifically shall show uniformly the mark and numbers, contents case wise, country of origin, consignees name, port of destination and all other particulars as indicated under clause 2. The invoice shall show the unit rates and net total F.O.B. prices. Items packed separately should also be invoiced and the value shown accordingly. Packing list must show apart from other particulars actual contents in each case, net and gross weights and dimensions, and the total number of packages. All documents should be duly signed by the Vendor's authorised representatives.
In the case of FOB orders, Shipping arrangements shall be made by the Chartering Wing Of the Ministry of Surface Transport, New Delhi through their respective forwarding agents. The names and addresses of forwarding agents shall be as per Special Purchase Conditions. Supplier shall furnish to the respective agents the full details of consignments such as outside dimension, weights (both gross and net) No of packages, technical description and drawings, name of supplier, ports of loading, etc. 6 weeks notice shall be given by the supplier to enable the concerned agency to arrange shipping space.
The bill of lading shall indicate the following :
Shipper : Goverment of India
Consignee : Bharat Petroleum Corporation Ltd.
In case of supplies from USA, Export Licences, if any required from the American Authorities shall be Obtained by the U.S. Suppliers. If need be assistance for obtaining such export licences would be available from India Supply Mission at Washington.
8.2 AIRSHIPMENT :
In case of Airshipment, the materials shall be shipped through freight consolidator (approved by us). The airway bill shall be made out in favour of BHARAT PETROLEUM CORPORATION LTD.
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TRANSMISSION OF SHIPPING DOCUMENTS :
Foreign Supplier shall obtain the shipping documents in seven complete sets including three original stamped copies of the Bill of Lading as quickly as possible after the shipment is made, and airmail as shown below so that they are received at least three weeks before the Vessels arrival. Foreign Supplier shall be fully responsible or any delay and / or demurrage in clearance of the consignment at the port due to delay in transmittal of the shipping documents.
If in terms of letter or otherwise, the complete original set of documents are required to be sent to BPCL through Bank the distribution indicated below will confine to copies of documents only minus originals.
Documents BPCL (Mumbai)
Bill of Lading 4 (including 1 original) Invoice 4 Packing List 4 Freight Memo 4 Country of Origin Certificate 4 Third party inspection certificate 4 Drawing 4 Catalogue 4 Invoice of Third Party 4 for inspection charges whenever applicable.
9. INDIAN AGENT COMMISSION :
Any offer through Indian agents will be considered only after authorization mentioning them as Indian agents, is received from Vendor. Indian agents commission if applicable will be payable only in Indian currency. Indian agents should be registered with Directorate General of Supplies and Disposals, Government of India and agency commission will be payable only after registration with DGS&D, New Delhi.
10. ORDER AWARD / EVALUATION CRITERIA :
Unless otherwise specified, Order award criteria will be on lowest quote landed price basis. Landed price will be summation of Basic Price, Packing & Forwarding Charges, Excise Duty, Sales Tax, Freight, Inspection, Octroi, Supervision of Installation & Commissioning and other taxes & levies, loading etc, if any, reduced by cenvat/vat credit as applicable.
11. CONFIRMATION OF ORDER :
The vendor shall acknowledge the receipt of the purchase order within 10 days of mailing the same. The vendor shall sign, stamp the acknowledgement copy of the purchase order and return the same to BPCL.
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12. PAYMENT TERMS :
12.1. Unless otherwise specified, 100% payment shall be made within 30 days from date of receipt and acceptance of materials at Site against submission of Peformance Bank Guarantee (PBG) for 10% of basic order value if PBG is applicable for the tender.
12.2. In the case of imports, payment will be made on submission of original documents directly to Owner (Telegraphic Transfer-TT) or through Bank (Cash against documents- CAD) or through irrevocable Letter of Credit.
12.3. Unless otherwise mentioned, the specified documents (All documents listed below (one original and two copies)) should be submitted to originator of P.O. (the name and contact details of whom are given in PO) and payments for despatches will be made by the originator of Purchase Order :
a) Invoice b) Excise invoice c) The Lorry Receipt of the consignment d) Packing list for the consignment e) Third Party Inspector’s Certificate covering the invoiced Material(s)/ Release Note, wherever applicable f) Manufacturers Test/Composition Certificate, wherever applicable g) Drawing(s)/Catalogue(s) covering the Material(s) , wherever applicable h) Guarantee/Warranty Certificate(s), wherever applicable. i) Original Receipt for Octroi/other statutory levies as applicable. j) Performance Bank Guarantee as applicable.
13. GUARANTEE/WARRANTY :
13.1. Materials shall be guaranteed against manufacturing defects, materials, workmanship and design for a period of 12 months from the date of commissioning or 18 months from the date of dispatch whichever is earlier. Warranty for replacement of material / accessories should be provided free of charges at our premises. The above guarantee/warranty will be without prejudice to the certificate of inspection or material receipt note issued by us in respect of the materials.
13.2. All the materials including components and sub contracted items should be guaranteed by the vendor within the warranty period mentioned above. In the event of any defect in the material, the vendor will replace / repair the material at BPCL’s concerned location at vendor’s risk and cost on due notice.
13.3. In case, vendor does not replace / repair the material on due notice, rejected material will be sent to the vendor on “Freight to pay” basis for free replacement. Material after rectification of defects shall be dispatched by the vendor on “Freight Paid” basis. Alternatively, BPCL reserves the right to have the material repaired / replaced at the locations concerned, at the vendor’s risk, cost and responsibility.
13.4. The Vendor shall provide similar warrantee on the parts, components, fittings, accessories etc. so repaired and / or replaced.
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14. PERFORMANCE BANK GUARANTEE :
14.1. Vendor will have to provide Performance Bank Guarantee for 10% of the basic value of purchase order unless otherwise specified. This bank guarantee shall be valid (shall remain in force) for guarantee period (as mentioned in the guarantee clause), with an invocation period of six months thereafter. In the case of Indigenous vendors, the Performance Bank Guarantee shall be given on a non-judicial stamp paper of appropriate value (currently Rs 100). PBG format is as per Annexure I.
In case, PBG is not provided by the Vendor, 10% of the basic value shall be retained in lieu of PBG, till the expiry of guarantee and claim period.
In the case of imports, the Supplier shall furnish the Performance Bank Guarantee (as per Annexure I) through the following :
a) Branches of Indian scheduled banks operating in their Country. b) Foreign bank operating in their Country which is counter guaranteed by branches of Indian scheduled banks operating in their Country/India. c) Indian branches of foreign banks. d) Foreign bank operating in their Country counter guaranteed by their Indian branch
However, in respect of c) and d) above, the Indian branch of foreign banks should be recognized as scheduled bank by Reserve Bank of India.
14.2. If Vendor wants to submit the PBG at Contract level to avoid multiple number of PBG (i.e. PBG issued against every purchase/call off order) then the validity of PBG will be calculated as mentioned below :
14.2.1. Validity of PBG = Rate Contract Issue Date (Start Date of Rate Contract) + Rate Contract Period (validity of Rate Contract) + Contractual Delivery Period of material + Contractual Guarantee period + 6 month (for invocation / Claim).
15. PACKING & MARKING :
15.1 PACKING :
15.1.1 Packing shall withstand the hazards normally encountered with the means of transport for the goods of this purchase order including loading and unloading operation both by crane and by pushing off.
In the case of imports, all equipments / materials shall be suitably packed in weather proof, seaworthy packing for ocean transport under tropical conditions and for rail or road or other appropriate transport in India. The packing shall be strong and efficient enough to ensure safe preservance upto the final point of destination.
Raw/Solid wood packaging material of imported items has to be appropriately treated & marked as per International Standard of Phytosanitary Measures (ISPM-15") for material originating from the contracting countries to the International Plant Protection Convention or the members of Food & Agriculture Organization. Material from non- contracting parties would have to be accompanied by a phytosanitary certificate of the
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treatment endorsed. The Custom Officer at Indian Port shall not release the material without appropriate compliance of the above provisions w.e.f. 01.11.2004.
15.1.2 The packing specification incorporated herein are supplementary to the internal and external packing methods and standards as per current general rules of J.R.A. Good Tariff Part-I. All packaging shall be done in such a manner as to reduce volume as much as possible.
15.1.3 Fragile articles should be packed with special packing materials depending on the type of Materials and the packing shall bear the words "HANDLE WITH CARE GLASS FRAGILE, DON'T ROLL THIS END UP. THIS END DOWN," to be indicated by arrow.
15.1.4 Chemicals in powder form, catalyst, refractories and like materials etc. shall be packed in drums, cans and tins only. However, Catalyst may be supplied in Jumbo bags.
15.1.5 The hazardous materials shall be packed in accordance with the applicable rules, regulations and tariff of all cognizant Government Authorities and other Governing bodies. It shall be the responsibility of the seller of hazardous materials to designate the material as hazardous and to identify each material by its proper commodity name and its hazardous material class code.
15.1.6 All package requiring handling by crane should have sufficient space at appropriate place to put sling of suitable dia (strength). Iron/Steel angle should be provided at the place where sling marking are made to avoid damage to package/ equipment while lifting.
15.1.7 Item shipped in bundles must be securely tied with steel wire or strapping. Steel reinforcing rods, bars, pipes, structural members etc. shall be bundled in uniform lengths and the weight shall be within the breaking strength of the securing wire or strapping.
In the case of imports, for bundles the shipping marks shall be embossed on metal or similar tag and wired securely on each end.
15.1.8 All delicate surface on equipment/materials should be carefully protected and printed with protective paint/compound and wrapped to prevent rusting and damage.
15.1.9 All mechanical and electrical equipment and other heavy articles shall be securely fastened to the case bottom and shall be blocked and braced to avoid any displacement/shifting during transit.
15.1.10 Attachments and spare parts of equipment and all small pieces shall be packed separately in wooden cases with adequate protection inside the case and wherever possible should be sent along with the main equipment. Each item shall be suitably tagged with identification of main equipment, item denomination and reference number of respective assembly drawing. Each item of steel structure and furnaces shall be identified with two erection markings with minimum lettering height of 15mm. Such markings will be followed by the collection numbers in indelible ink/paint. A copy of the packing list shall accompany the materials in each package.
15.1.11 All protrusions shall be suitably protected by providing a cover comprising of tightly bolted wooden disc on the flanges. All nozzles, holes and openings and also all delicate
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surfaces shall be carefully protected against damage and bad weather. All manufactured surfaces shall be painted with rust proof paint.
In the case of imports, for bulk uniform material when packed in several cases, progressive serial numbers shall be indicated on each case.
15.1.12 Wherever required, equipment/materials instruments shall be enveloped in polythene bags containing silicagel or similar dehydrating compound.
15.1.13 Pipes shall be packed as under:
a. Upto 50mm NB in wooden cases/crates.
b. Above 50mm NB and upto 100mm NB in bundles and should be strapped at minimum three places.
c. Above 100mm NB in loose.
15.1.14 Pipes and tubes of stainless steel, copper etc. shall be packed in wooden cases irrespective of their sizes.
15.1.15 Pipes with threaded or flanged ends shall be protected with suitable caps covers, before packing.
In the case of imports, all pipes and sheets shall be marked with strips bearing progressive no.
15.1.16 Detailed packing list in waterproof envelope shall be inserted in the package together with equipment/materials. One copy of the detailed packing list shall be fastened outside of the package in waterproof envelope and covered by metal cover.
15.1.17 The supplier shall be held liable for all damages or breakages to the goods due to the defective or insufficient packing as well as for corrosion due to insufficient protection.
15.1.18 Packaged equipment or materials showing damage defects or shortages resulting from improper packaging materials or packing procedures or having concealed damages or shortages, at the time of unpacking shall be to the supplier’s account.
All packages which require special handling and transport should have their Centres of Gravity and the points at which they may be slung or gripped clearly indicated and marked “ATTENTION SPECIAL LOAD HANDLE WITH CARE” both in English/Hindi Languages.
In the case of imports, a distinct colour splash in say red black around each package crate / bundle shall be given for identification.
15.1.19 Along with the packed material, supplier should attach material list, manuals/instructions and also the Inspection certificate/release note, wherever applicable.
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15.2. MARKING :
The following details to be written on the side face of packing:
a) Purchase Order Number b) Vendor Name c) Batch no with Manufacturing date d) Procedure (in brief) for handling e) Date of dispatch etc.
15.3 Imported items :
On three sides of the packages, the following marks shall appear, clearly visible, with indelible paint and on Vendor's care and expenses.
BHARAT PETROLEUM CORPORATION LIMITED (With detailed address as given in Special Purchase Conditions)
From :
To : Bharat Petroleum Corpn.Ltd.
(With detailed address as given in Special Purchase Conditions)
Order no. Rev. no. Item : Equipment Nomenclature : Net weight : Kgs. Gross weight : Kgs. Case No. of Total cases : Dimensions : Import Licence No.
NOTE : Marking shall be bold - minimum letter height 5 cm. For every order and every shipment, packages must be marked with serial progressive numbering.
Top heavy containers shall be so marked either Top Heavy or Heavy Ends.
When packing material is clean and light coloured, a dark black stencil paint shall be acceptable. However, where packaging material is soiled or dark, a coat of flat zinc white paint shall be applied and allowed to dry before applying the specific markings.
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In case of large equipments like vessels, heat exchangers, etc. the envelope containing the documents shall be fastened inside a shell connection, with an identifying arrow sign "documents" using indelible paint.
16. DELIVERY :
16.1. Unless otherwise mentioned, Vendor is requested to quote their best delivery schedule from the date of receipt of Purchase order.
16.2. Time being the essence of this contract, the delivery mentioned in the purchase order shall be strictly adhered to and no variation shall be permitted except with prior authorization in writing from the Owner. Goods should be delivered, securely packed and in good order and condition, at the place of delivery and within the time specified in the purchase order for their delivery.
16.3. The contractual delivery period is inclusive of all the lead time for engineering / procurement of raw material, the manufacturing, inspection / testing, packing, transportation or any other activity whatsoever required to be accomplished for effecting the delivery at the required delivery point.
16.4. Unless otherwise specified, Material(s) shall not be despatched without prior inspection and/or testing and Release Order/Material(s) Acceptance Certificate issued by the Inspector(s).
16.5. BPCL shall have the right to advise any change in despatch point or destination in respect of any Material(s). Any extra expenditure incurred by the Vendor on this account supported by satisfactory documentary evidence, will be reimbursed to the Vendor by BPCL.
17. UNLOADING AND STACKING :
Unloading and stacking will be arranged by BPCL. The Vendor shall send BPCL information of the proposed consignment well in advance by telegram/fax/e-mail/courier to enable BPCL to take necessary action.
18. TRANSIT INSURANCE :
Unless otherwise mentioned,
18.1. Transit Insurance shall be covered by BPCL against its Mega Package Policy.
18.2 In the case of imports, insurance against all marine and transit risk shall be covered under the Owner's marine policy. However, the Vendor shall ensure that in effecting shipments clear bill of lading are obtained and the carrier's responsibility is fully retained on the Carriers so that the consignee's interests are fully secured and are in no way jeopardized.
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18.2. The Vendor shall send BPCL information of the proposed consignment well in advance by telegram/fax/e-mail/courier to enable BPCL to take necessary action for the transit insurance of the consignment. Any failure by the Vendor to do so shall place the consignment at the Vendor’s risk.
18.3. In the case of imports, as soon as any shipment is made, the Foreign Supplier shall send advance information by way of Telex message to Bharat Petroleum Corporation Ltd., (with detailed address as given in Special Purchase Conditions) giving particulars of the shipments, vessels name, port of shipment, bill of lading number and date, total FOB and freight value.
19 VALIDITY OF OFFER:
The rates quoted against this tender shall be valid for a period of 90 Days from the date of opening of the tender unless otherwise specified in the Special Purchase Conditions.
20. DELIVERY DATES AND PRICE REDUCTION SCHEDULE :
20.1. The time and date of Delivery of Material(s) as stipulated in the Contract shall be adhered to on the clear understanding that the Price(s) of the Material(s) has/have been fixed with reference to the said Delivery date(s).
20.2. If any delay is anticipated by the Vendor in the delivery of the Material(s) or any of them beyond the stipulated date(s) of Delivery, the Vendor shall forthwith inform BPCL in writing of such anticipated delay and of the steps being taken by the Vendor to remove or reduce the anticipated delay, and shall promptly keep BPCL informed of all subsequent developments.
20.3. The delivery period quoted must be realistic & specific. The inability of successful Vendors to execute orders in accordance with the agreed delivery schedule will entitle BPCL, at its options, to :
20.3.1. Accept delayed delivery at prices reduced by a sum equivalent to half percent (0.5%) of the basic value of any goods not delivered for every week of delay or part thereof, limited to a maximum of 5% of the total basic order value. LR date will be considered as delivery completion date for calculation of price reduction in the case of ex works contract. Date of receipt of materials at owners premises shall be considered for calculation of price reduction for F.O.R destination contract.
In the case of imports, the contractual delivery date shall be considered from the date of Letter of Credit (L/C) or the date of L/C amendment because of Buyer’s fault plus one week (to take care of transit time for receipt of L/c) plus the delivery schedule as indicated by the vendors. In case of the shipment taking place on “Cash against documents”, the contractual delivery shall be taken from the date of purchase order plus one week (to take care of transit time for receipt of order) plus delivery period. Further the date of B/L or House airway bill shall be considered to find out the delay with respect to contractual delivery date. In case of FOB shipments if the vessel is not available then the intimation by vendors regarding readiness of the goods for the shipment shall be considered for calculating the delay if any. So vendor shall inform the
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readiness of material for shipment on FOB (Free on Board)basis / FCA (Free on Carrier) basis.
20.3.2. Cancel the order in part or full and purchase such cancelled quantities from elsewhere on account at the risk and cost of the vendor, without prejudice to its right under 20.3.1 above in respect of goods delivered.
21. RISK PURCHASE CLAUSE :
BPCL reserves the right to curtail or cancel the order either in full or part thereof if the vendor fails to comply with the delivery schedule and other terms & conditions of the order. BPCL also reserves the right to procure the same or similar materials/equipment through other sources at vendor's entire risk, cost and consequences. Further, the vendor agrees that in case of procurement by the owner from other sources the differential amount paid by the owner shall be on account of the vendor together with any interest and other costs accrued thereon for such procurement.
22. FORCE MAJEURE CLAUSE :
(A) Definition: The term “Force Majeure” means any event or circumstance or combination of events or circumstances that affects the performance by the vendor of its obligations pursuant to the terms of this Agreement (including by preventing, hindering or delaying such performance), but only if and to the extent that such events and circumstances are not within the vendor’s reasonable control and were not reasonably foreseeable and the effects of which the vendor could not have prevented or overcome by acting as a Reasonable and Prudent person or, by the exercise of reasonable skill and care. Force Majeure events and circumstances shall in any event include the following events and circumstances to the extent they or their consequences satisfy the requirements set forth above in this Clause:
(i) the effect of any element or other act of God, including any storm, flood, drought, lightning, earthquake, tidal wave, tsunami, cyclone or other natural disaster;
(ii) fire, accident, loss or breakage of facilities or equipment, structural collapse or explosion;
(iii) epidemic, plague or quarantine;
(iv) air crash, shipwreck, or train wreck;
(v) acts of war (whether declared or undeclared), sabotage, terrorism or act of public enemy (including the acts of any independent unit or individual engaged in activities in furtherance of a programme of irregular warfare), acts of belligerence of foreign enemies (whether declared or undeclared), blockades, embargoes, civil disturbance, revolution, rebellion or insurrection, exercise of military or usurped power, or any attempt at usurpation of power;
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(vi) radioactive contamination or ionizing radiation;
( B) Notice and Reporting:
( i ) The Vendor shall as soon as reasonably practicable after the date of commencement of the event of Force Majeure, but in any event no later than two (7) days after such commencement date, notify the BPCL in writing of such event of Force Majeure and provide the following information:
(a) reasonably full particulars of the event or circumstance of Force Majeure and the extent to which any obligation will be prevented or delayed;
(b) such date of commencement and an estimate of the period of time required to enable the vendor to resume full performance of its obligations; and (c) all relevant information relating to the Force Majeure and full details of the measures the vendor is taking to overcome or circumvent such Force Majeure. (ii) The Vendor shall, throughout the period during which it is prevented from performing, or delayed in the performance of, its obligations under this Agreement, upon request, give or procure access to examine the scene of the Force Majeure including such information, facilities and sites as the other Party may reasonably request in connection with such event. Access to any facilities or sites shall be at the risk and cost of the Party requesting such information and access.
(C) Mitigation Responsibility:
(i) The Vendor shall use all reasonable endeavours, acting as a Reasonable and Prudent Person, to circumvent or overcome any event or circumstance of Force Majeure as expeditiously as possible, and relief under this Clause shall cease to be available to the Vendor claiming Force Majeure if it fails to use such reasonable endeavours during or following any such event of Force Majeure.
(ii) The Vendor shall have the burden of proving that the circumstances constitute valid grounds of Force Majeure under this Clause and that it has exercised reasonable diligence efforts to remedy the cause of any alleged Force Majeure.
(iii) The Vendor shall notify BPCL when the Force Majeure has terminated or abated to an extent which permits resumption of performance to occur and shall resume performance as Page 16 of 24
expeditiously as possible after such termination or abatement.
(D) Consequences of Force Majeure. Provided that the Vendor has complied and continues to comply with the obligations of this Clause and subject to the further provisions:
(i) the obligations of the Parties under this Agreement to the extent performance thereof is prevented or impeded by the event of Force Majeure shall be suspended and the Parties shall not be liable for the non-performance thereof for the duration of the period of Force Majeure; and
(ii) the time period(s) for the performance of the obligations of the Parties under this Agreement to the extent performance thereof is prevented or impeded by the event of Force Majeure shall be extended for the duration of the relevant period of Force Majeure except as provided herein.
(E) Force Majeure Events Exceeding 60 Days
(i) If an event or series of events (alone or in combination) of Force Majeure occur, and continue for a period in excess of 60 consecutive days, then BPCL shall have the right to terminate this agreement, whereupon the Parties shall meet to mitigate the impediments caused by the Force Majeure event.
23. ARBITRATION CLAUSE :
23.1 Any dispute or difference of any nature whatsoever, any claim, cross-claim, counter-claim or set off of BPCL/Vendor against omission or on account of any of the parties hereto arising out of or in relation to this Contract shall be referred to the Sole Arbitration of Director(Marketing) / Director (HR) / Director (R) of BPCL as the case may be or to some officer of BPCL who may be nominated by them.
23.2. In the event the Arbitrator being unable or refusing to act for any reason whatsoever, the said Directors of BPCL shall designate another person to act as an Arbitrator in accordance with the terms of the said Contract/Agreement. The Arbitrator newly appointed shall be entitled to proceed with the reference from the point at which it was left by his predecessor.
23.3. It is known to the parties herein that the Arbitrator appointed hereunder is an employee of the Corporation and may be Share holder of the Corporation.
23.4. The award of the Arbitrator so appointed shall be final, conclusive and binding on all the parties to the contract and the law applicable to arbitration proceedings will be the Arbitration and Conciliation Act, 1996 or any other enactment in replacement thereof.
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23.5. The language of the proceedings will be in English and the place of proceedings will be Mumbai.
23.6. The parties hereby agree that the Courts in the city of Mumbai alone shall have jurisdiction to entertain any application or other proceedings in respect of anything arising under this Agreement and any Award or Awards made by the Sole Arbitrator hereunder shall be filed, if required, in the concerned Courts in the City of Mumbai alone. (legal)
24. INTEGRITY PACT (IP) :
Vendors are requested to sign & return our pre-signed IP document , if applicable. This document is essential & binding. Vendor's failure to return the IP document duly signed along with Bid Document may result in the bid not being considered for further evaluation.
25. RECOVERY OF SUMS DUE :
Whenever, any claim against vendor for payment of a sum of money arises out of or under the contract, the owner shall be entitled to recover such sums from any sum then due or when at any time thereafter may become due from the vendor under this or any other contract with the owner and should this sum be not sufficient to cover the recoverable amount of claim(s), the vendor shall pay to BPCL on demand the balance remaining due.
26. CONFIDENTIALITY OF TECHNICAL INFORMATION :
Drawing, specifications and details shall be the property of the BPCL and shall be returned by the Vendor on demand. The Vendor shall not make use of drawing and specifications for any purpose at any time save and except for the purpose of BPCL. The Vendor shall not disclose the technical information furnished to or organized by the Vendor under or by virtue of or as a result of the implementation of the Purchase Order to any person, firm or body or corporate authority and shall make all endeavors to ensure that the technical information is kept CONFIDENTIAL. The technical information imparted and supplied to the vendor by BPCL shall at all time remain the absolute property of BPCL. Imparting of any confidential information by the Vendor will be breach of contract.
27. PATENTS & ROYALTIES :
The vendor shall fully indemnify BPCL and users of materials specified herein/supplied at all times, against any action, claim or demand, costs and expenses, arising from or incurred by reasons of any infringement or alleged infringement of any patent, registered design, trademark or name, copy right or any other protected rights in respect of any materials supplied or any arrangement, system or method of using, fixing or working used by the vendor. In the event of any claim or demand being made or action sought against BPCL in respect of any of the aforesaid matter, the vendor shall be notified thereof immediately and the vendor shall at his/its own expense with (if necessary) the
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assistance of BPCL (whose all expense shall be reimbursed by the vendor) conduct all negotiations for the settlement of the same and/or litigation which may arise thereof.
28. LIABILITY CLAUSE :
In case where it is necessary for employees or representatives of the Vendor to go upon the premises of owner, vendor agrees to assume the responsibility for the proper conduct of such employees/representatives while on said premises and to comply with all applicable Workmen's Compensation Law and other applicable Government Regulations and Ordinances and all plant rules and regulations particularly in regard to safety precautions and fire hazards. If this order requires vendor to furnish labour at site, such vendor's workmen or employees shall under no circumstances be deemed to be in owner's employment and vendor shall hold himself responsible for any claim or claims which they or their heirs, dependent or personal representatives, may have or make, for damages or compensation for anything done or committed to be done, in the course of carrying out the work covered by the purchase order, whether arising at owner's premises or elsewhere and agrees to indemnify the owner against any such claims, if made against the owner and all costs of proceedings, suit or actions which owner may incur or sustain in respect of the same.
29. COMPLIANCE OF REGULATIONS :
Vendor warrants that all goods/Materials covered by this order have been produced, sold, dispatched, delivered and furnished in strict compliance with all applicable laws, regulations, labour agreement, working condition and technical codes and statutory requirements as applicable from time to time. The vendor shall ensure compliance with the above and shall indemnify owner against any actions, damages, costs and expenses of any failure to comply as aforesaid.
30. REJECTION, REMOVAL OF REJECTED GOODS AND REPLACEMENT:
In case the testing and inspection at any stage by inspectors reveal that the equipment, materials and workmanship do not comply with specification and requirements, the same shall be removed by the vendor at his/its own expense and risk, within the time allowed by the owner. The owner shall be at liberty to dispose off such rejected goods in such manner as he may think appropriate. In the event the vendor fails to remove the rejected goods within the period as aforesaid, all expenses incurred by the owner for such disposal shall be to the account of the vendor. The freight paid by the owner, if any, on the inward journey of the rejected materials shall be reimbursed by the vendor to the owner before the rejected materials are removed by the vendor. The vendor will have to proceed with the replacement of the equipment or part of equipment without claiming any extra payment if so required by the owner. The time taken for replacement in such event will not be added to the contractual delivery period.
31. NON-WAIVER :
Failure of the Owner to insist upon any of the terms or conditions incorporated in the Purchase Order or failure or delay to exercise any rights or remedies herein, or by law or failure to properly notify Vendor in the event of breach, or the acceptance of or payment of any goods hereunder or approval of design shall not release the Vendor and shall not be deemed a waiver of any right of the Owner to insist upon the strict performance
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thereof or of any of its or their rights or remedies as to any such goods regardless of when such goods are shipped, received or accepted nor shall any purported oral modification or revision of the order by BPCL act as waiver of the terms hereof. Any waiver to be effective must be in writing. Any lone incident of waiver of any condition of this agreement by BPCL shall not be considered as a continuous waiver or waiver for other condition by BPCL.
32. NEW & UNUSED MATERIAL :
All the material supplied by the vendor shall be branded new, unused and of recent manufacture.
33. PURCHASE PREFERENCE CLAUSE :
Owner reserves its right to allow Public Sector Enterprises (Central/State), purchase preference as admissible/applicable from time to time under the existing Govt. policy. Purchase preference to a PSE shall be decided based on the price quoted by PSE as compared to L1 Vendor at the time of evaluation of the price bid.
Owner reserves its right to allow Micro and Small Enterprises (MSEs) and MSEs owned by Scheduled Caste (SC) or the Scheduled tribe (ST) entrepreneurs, purchase preference as admissible/applicable from time to time under the existing Govt. policy. Purchase preference to a MSE and a MSE owned by SC/ST entrepreneurs shall be decided based on the price quoted by the said MSEs as compared to L1 Vendor at the time of evaluation of the price bid.
34. CANCELLATION :
34.1. BPCL reserves the right to cancel the contract/purchase order or any part thereof through a written notice to the vendor if.
34.1.1. The vendor fails to comply with the terms of this purchase order/contract.
34.1.2. The vendor becomes bankrupt or goes into liquidation.
34.1.3. The vendor fails to deliver the goods on time and/or replace the rejected goods promptly.
34.1.4. The vendor makes a general assignment for the benefit of creditors.
34.1.5. A receiver is appointed for any of the property owned by the vendor.
34.2. Upon receipt of the said cancellation notice, the vendor shall discontinue all work on the purchase order matters connected with it. BPCL in that event will be entitled to procure the requirement in the open market and recover excess payment over the vendor's agreed price if any, from the vendor and also reserving to itself the right to forfeit the security deposit if any, made by the vendor against the contract. The vendor is aware that the said goods are required by BPCL for the ultimate purpose of materials production and that non-delivery may cause lossof production and consequently loss of profit to the BPCL. In
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this-event of BPCL exercising the option to claim damages for non delivery other than by way of difference between the market price and the contract price, the vendor shall pay to BPCL, fair compensation to be agreed upon between BPCL and the vendor. The provision of this clause shall not prejudice the right of BPCL from invoking the provisions of price reduction clause mentioned in 20.3.1 as aforesaid.
35. ANTI –COMPETITIVE AGREEMENTS/ABUSE OF DOMINANT POSITION :
The Competition Act, 2002 as amended by the Competition (Amendment) Act, 2007 (the Act), prohibits anti- competitive practices and aims at fostering competition and at protecting Indian markets against anti- competitive practices by enterprises. The Act prohibits anti- competitive agreements, abuse of dominant position by enterprises, and regulates combinations (consisting of acquisition, acquiring of control and M&A) wherever such agreements, abuse or combination causes, or is likely to cause, appreciable adverse effect on competition in markets in India. BPCL reserves the right to approach the Competition Commission established under the Act of Parliament and file information relating to anti-competitive agreements and abuse of dominant position. If such a situation arises, then Vendors are bound by the decision of the Competitive Commission and also subject to penalty and other provisions of the Competition Act.
36. ASSIGNMENT
The Vendor can / does not have any right to assign his rights and obligations under these general purchase conditions without the prior written approval of BPCL.
37. GOVERNING LAW
These General Purchase Conditions shall be governed by the Laws of India.
38. AMENDMENT
Any amendment to these General Purchase Conditions can be made only in writing and with the mutual consent of the parties to these conditions.
39. SPECIAL PURCHASE CONDITIONS
In case of a conflict between the clauses, terms and conditions of General Purchase Conditions and Special Purchase condition, the clauses, terms and conditions of Special Purchase Condition will have an overriding effect over General Purchase Conditions and the same shall be applicable.
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40. NOTICES
Any notices to be given hereunder by a Party to the other shall be in English and delivered by hand or sent by courier or facsimile to the other Party at the address or facsimile number stated below or such other address or number as may be notified by the relevant Party from time to time:
BPCL ______
Vendor ______
Please sign & return all the pages of GPC as a token of your acceptance of all the terms & conditions as mentioned above.
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Annexure I
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 Company’s Purchase order No…….. dated ………. and the General and Special Purchase Conditions of the Company and upon the condition of vendor’s furnishing security for the performance of the vendor’s obligations and/or discharge of the vendor’s 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 Company’s 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 …………………………………..
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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 vendor’s 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.
ii. 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 vendor’s 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 ordissolution 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 NOTES:
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Annexure - 8 Commercial Questionnaire
SUPPLY OF HEAT EXCHANGER TUBES (ADMIRALTY BRASS & COPPER-NICKEL) FOR BPCL - MUMBAI REFINERY REF: CRFQ No. 1000254400, E-Tender No.11965
Vendor Name: M/s. ______
Enquiry No.______
Vendor’s Offer Ref. No. : ______Date : ______
Tel No. ______Fax No.______
Contact Person: ______E-Mail ______
1. DULY SIGNED & STAMPED COPIES OF THIS “QUESTIONNAIRE”, WITH ALL THE CLAUSES DULY CONFIRMED/ PRECISELY REPLIED TO BY THE VENDOR, SHALL BE UPLOADED WITH EACH AND EVERY SET OF VENDOR'S UNPRICED QUOTATION.
2. ALL COMMERCIAL TERMS ARE GIVEN/CONFIRMED IN THE QUESTIONNAIRE ITSELF AND NOT ELSEWHERE IN THE QUOTATION. IN CASE OF CONTRADICTION, THE SAME GIVEN HEREIN SHALL PREVAIL.
3. FAILURE ON THE PART OF VENDOR IN SUBMITTING THIS DULY FILLED-UP "QUESTIONNAIRE WITH UNPRICED BID AND/OR UPLOADING / SUBMITTING INCOMPLETE REPLIES MAY LEAD TO REJECTION OF VENDOR'S QUOTATION”
4. YOUR OFFER SHALL BE IN TOTAL COMPLIANCE WITH RFQ DOCUMENTS CONTAINING COMMERCIAL AND TECHNICAL SPECIFICATIONS INCLUDING GENERAL / TECHNICAL NOTES AND SCOPE OF SUPPLY INCLUDING DOCUMENTATION AND SUBSEQUENT TECHNICAL/COMMERCIAL AMENDMENT AND TECHNICAL/COMMERCIAL CORRIGENDUM, IF ANY.
S.No DESCRIPTION VENDOR’S CONFIRMATION Bid rejection criteria: Bidders shall note the bid rejection criteria as indicated in ITB. 1 Provisions of these clauses must be adhered to without any Noted deviations, failing which the bid shall be considered to be non- responsive and may be rejected. Bid Validity period: Confirm Offer validity of 90 days from final Confirmed / Not Confirmed refer 2 bid due date. deviation sheet Defects Liability Period: Confirm acceptance of defect liability Accepted / Not accepted refer 3 period clause as indicated in Special Purchase Conditions. deviation sheet Performance Bank Guarantee: Confirm acceptance of Accepted / Not accepted refer 4 performance guarantee clause as indicated in Special deviation sheet / Not applicable Purchase Conditions & General Purchase Conditions. Delivery Period: 04 (Four) Months from the date of Purchase Accepted / Not accepted refer 5 Order, on FOT Site basis. For detailed refer Special Purchase deviation sheet Conditions (SPC) Payment Terms: 90% payment within 30 days of receipt and acceptance of materials at site upon satisfactory completion of order. Balance 10% payment after receipt of final technical Accepted / Not accepted refer 6 documentation and on submission of performance bank deviation sheet guarantee for 10% of order value, valid till full guarantee period plus six months claim period For detailed refer Special Purchase Conditions (SPC). Prices have been furnished as per “Format For Submitting Furnished / Not furnished refer 7 Price”. deviation sheet Delayed Delivery: For detailed clause refer General Purchase Accepted / Not accepted refer 8 Conditions (GPC). deviation sheet
Comm Questionnaires Page 1 of 2
S.No DESCRIPTION VENDOR’S CONFIRMATION Firmness of prices: Quoted prices shall remain firm and fixed Confirmed / Not confirmed refer 9 till complete execution of the order. deviation sheet Confirmed Confirm that the prices quoted are without any price variation 10 / Not confirmed refer deviation clause. sheet The quoted base rate shall include all expenses towards all 10 testing charges. TPI charges shall be indicated separately as Noted & Confirmed detailed indicated in SPC. Arbitration Clause: Accepted / Not accepted refer 11 Confirm acceptance of Arbitration Clause as indicated in deviation sheet Instructions To Bidders (ITB). Printed terms and conditions, if any, appearing in quotation, shall not be applicable in the event of order. In case of 12 contradiction between the confirmations given above and Confirmed & Accepted terms & conditions mentioned elsewhere in the offer, the confirmation given herein above shall prevail. Confirm that integrity pact is duly signed & submitted without 13 Confirmed & Accepted any deviations. Whether any of the Directors of Vendor is a relative of any Director of BPCL or the vendor is a firm in which any Director of 14 BPCL or his relative is a Partner or the vendor is a private company in which any director of BPCL is a member or Director. Material is required at BPCL warehouse/site on door delivery Accepted / Not accepted refer 15 basis. deviation sheet Material shall be despatched
16 Specify Despatch Point for Supply of Materials. from :______
State:______Confirm BPCL holiday listing Policy for vendors. 17 Referred web link given below: Confirmed & Accepted https://bharatpetroleum.in/pdf/holidaylistingpolicyfinal.pdf Transit risk insurance shall be covered by BPCL and the same 18 Noted and confirmed has not been included in the quoted prices. Freight charges: Bidders to quote freight charges in terms of % Accepted / Not accepted refer 19 of basic quoted price. deviation sheet Please confirm, whether your company is Micro and Small YES / NO Enterprises (MSEs) Please confirm, whether your company is MSEs owned by YES / NO Scheduled Caste (SC) or the Scheduled tribe (ST) entrepreneurs. 20 If your company is MSEs, submit the following documents: • Self-attested copy of all the pages of the EM-II certificate issued by the appropriate authorities mentioned in the Public procurement policy of MSEs-2012.; and • Vendors declaration / affidavit in their Organization/ Company Letter Head, 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
(Signature of Vendor with Company seal) Name of the Authorised Signatory : Designation : Date :
Comm Questionnaires Page 2 of 2 ANNEXURE - 9
DEVIATION FORM (TECHNICAL)
SUB : SUPPLY OF HEAT EXCHANGER TUBES (ADMIRALTY BRASS & COPPER- NICKEL) FOR BPCL - MUMBAI REFINERY.
REF : CRFQ No. 1000254400, E-Tender No.11965
Name of vendor:
Schedule of Deviations in reference to BPCL SPECIFICATIONS
1. Vendor may give here a consolidated list of technical deviations for all sections of the SPECIFICATIONS, which for an appropriate offer is considered unavoidable by him. 2. Deviations mentioned elsewhere in the offer shall not be taken cognizance by the COMPANY and any such deviations if indicated elsewhere other than this form will render the offer non-responsive and shall liable to be rejected. 3. Vendor shall state the reasons for the deviations in the `Remark' column. 4. All other clauses of the SPECIFICATIONS (not mentioned in this form) shall be deemed to be fully complied by the vendor 5. Only the deviations listed herein, in conjunction with the SPECIFICATIONS, shall constitute the contract requirements for the award of job to the vendor.
Sr. Anne Clause Requirement of the Deviations to the Remarks No. xure- No. BPCL SPECIFICATIONS No. SPECIFICATIONS 1 2 3 4 5 6
Vendor
Signature of the authorized signatory :
Name of the authorized signatory :
Stamp & Date : ANNEXURE-10
DEVIATION FORM (COMMERCIAL)
SUB : SUPPLY OF HEAT EXCHANGER TUBES (ADMIRALTY BRASS & COPPER- NICKEL) FOR BPCL - MUMBAI REFINERY.
REF : CRFQ No. 1000254400, E-Tender No.11965
Name of vendor:
Schedule of Deviations in reference to COMMERCIAL TERMS AND CONDITIONS
1. Vendor may give here a consolidated list of Commercial deviations for all sections of the tender document, which for an appropriate offer is considered unavoidable by him. 2. Deviations mentioned elsewhere in the offer shall not be taken cognizance by the COMPANY and any such deviations if indicated elsewhere other than this form will render the offer non-responsive and shall liable to be rejected. 3. Vendor shall state the reasons for the deviations in the `Remark' column. 4. All other clauses of the COMMERCIAL TERMS AND CONDITIONS (not mentioned in this form) shall be deemed to be fully complied by the PCMS vendor 5. Only the deviations listed herein, in conjunction with the COMMERCIAL TERMS AND CONDITIONS, shall constitute the contract requirements for the award of job to the vendor.
Sr. Anne Clause Commercial terms Deviations Remarks No. xure- No. and conditions No. 1 2 3 4 5 6
Vendor
Signature of the authorized signatory :
Name of the authorized signatory :
Stamp & Date : BUSINESS RULES FOR ON LINE REVERSE AUCTION
Annexure-11 (BASIC DETAILS)
Bharat Petroleum Corporation Ltd. Buyer Name (CPO Refineries) Mumbai.
M/s.
Phone No. : Fax No. :
Service Provider Details Company Website: Intimated later
Auction Date : Will be intimated later Date & Time of Auction Online Reverse Auction Time : Will be intimated later
(**Limited/ Unlimited extensions )
Auction Website: Will be intimated later
1) Business rule for reverse auction 2) Terms & conditions of reverse auction Documents Attached 3) Online Reverse Auction Schedule (Appendix – I) 4) Process Compliance Statement (Appendix – II) 5) Price Confirmation (Appendix – III) 6) Contact Information
SPECIAL INSTRUCTIONS Bidding in the last minutes and seconds should be avoided in the bidders own interest. Neither BPCL nor Service Provider will be responsible for any lapses / failure on the part of the bidder, in such cases.
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GENERAL TERMS & CONDITIONS
Against this Enquiry for the subject item/system with detailed scope of supply as per our specification, BPCL, CPO Refineries, Mumbai may resort to “Online Reverse Auction Mode” i.e. ONLINE BIDDING on INTERNET.
1. For the proposed Reverse Auction, technically and commercially acceptable bidders only shall be eligible to participate. 2. BPCL has engaged the services of a Service Provider, who will provide all necessary training and assistance before commencement of on line bidding on Internet. 3. BPCL will inform the bidders in writing, the details of the Service Provider in case of Reverse Auction, so as to enable them to contact the Service Provider and get trained. 4. Information like the Business rules, Reverse Auction event date, time, start price, bid decrement, extensions, etc. also will be communicated through the Service Provider for the compliance of the bidders. 5. Bidders have to email a scanned copy of the Process Compliance Form (Appendix - II) in the prescribed (provided by service provider) before start of Online Reverse Auction. Without this Compliance form, the bidders will not be eligible to participate in the online event. 6. BPCL will provide the calculation sheet (e.g.: EXCEL sheet) which will help to arrive at “total effective Cost to BPCL” for each the bidders to enable them to fill-in the price and keep it ready for keying in during the Reverse Auction. 7. Online Reverse Auction will be conducted on schedule date & time. 8. At the end of Reverse Auction event, the lowest bidder value will be known on the network for each item at each location. 9. The lowest bidder has to email a scanned copy of the price break-up duly signed, filled in prescribed format (as per BPCL’s price excel sheet format), as provided on case-to-case basis, to BPCL through Service Provider within 24 hours of the Reverse Auction without fail. 10. Any variation between the on-line bid value and signed document will be considered as sabotaging the tender process and will invite disqualification of bidder to conduct business with BPCL as per prevailing procedure. 11. Bidders shall note that in case BPCL conducts the Reverse Auction and finalizes this tender, the Sealed Priced-Bids submitted with the offer will not be opened. 12. In case BPCL decides not to conduct Reverse Auction, the Sealed Priced-Bids submitted with the offer, along with price impacts (if any) already available with BPCL, shall be opened as per BPCL standard practice for finalization of the tender. 13. Similarly, if for any unforeseen reason the Reverse Auction is conducted by BPCL for this particular tender and the results are found to be inconclusive by BPCL, then BPCL may open the Sealed Priced-Bids submitted with the offer, along with price impacts (if any) already available with BPCL, and finalize the tender as per BPCL standard practice. 14. Only those vendors, who submit their Process Compliance Form, will be eligible to participate in the Online English Reverse Auction. 15. The Reverse Auction will be treated as closed only when the bidding process gets closed in all respects for the items listed in the tender.
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MODALITY FOR FINALIZATION OF THE PROCUREMENT
BPCL may finalize the procurement of the item against this Tender through online Reverse Auction mode. BPCL shall make arrangement with. (Name of the Service Provider), who shall be BPCL’s authorized Service Provider(SP) for the same. Please go through the guidelines given below and submit your acceptance to the same along with your Commercial Bid.
1. Computerized reverse auction shall be conducted by BPCL, on pre-specified date, while the vendors shall be quoting from their own offices / place of their choice. Internet connectivity & other necessary requirements like power backup etc. shall have to be ensured by vendors themselves. In order to ward-off such contingent situation where the vendors are not able to bid for any of the above reason, they are requested to make all the necessary arrangements / alternatives whatever required so that they are able to circumvent such situation and still be able to participate in the reverse auction successfully. Failure of power / problem in Internet connectivity at the premises of vendors during the Online Reverse auction cannot be the cause for not participating in the reverse auction. On account of this, the time for the auction cannot be extended and neither BPCL nor SP is responsible for such eventualities. 2. Service provider shall arrange to train your nominated person (s), without any cost to you. They shall also explain you, all the Rules related to the Reverse Auction / Business Rules to be adopted along with the calculation sheet in excel format. You are required to give your compliance on it at least 24 hours before the start of bid process. 3. Material for Bid: Respective CRFQ No._____ 4. Starting price & Bid Decrement: The start price applicable in the Online Reverse Auction for described item shall be visible to all bidders on their screen. (i.e. Starting basic Cost and bid decrement value will be displayed). This start price will be derived through BPCL’s internal estimation processes. 5. Bidding Currency & Unit of Measurement: Bidders will enter price in their respective currency while evaluation will be conducted in Indian Rupees (INR) & the Unit of Measurement will be per Meter The price bid placed during the Online Reverse Auction shall be the price of respective CRFQ. 6. Bid Price: The Bidder has to quote as per excel sheet provided by BPCL. The bidders are requested to note that the ranking would be generated on the condition that the bid submitted by the bidder is confirming to the Starting price & Minimum Decrement Value. Calculation sheet in excel format to arrive at the Total Effective Cost to BPCL will be provided by Service provider. 7. The technical & commercial terms are as per respective CRFQ , Vendors’ technical and commercial bid and subsequent correspondences between BPCL and the vendors regarding commercial terms & conditions.
8. Validity of Bids: As per BPCL respective CRFQ doc. & agreed terms
9. Delivery: As per BPCL Respective CRFQ doc. & agreed terms
Page 3 of 11 BUSINESS RULES FOR ON LINE REVERSE AUCTION
10. At the end of the reverse auction, bidder has to provide a detailed break-up (as per BPCL’s price excel sheet format) to SP for his lowest accepted offer quoted during the Online Reverse Auction within 24 hours of the completion of the Online Reverse Auction.
11. Procedure of Online Reverse Auctioning:
i. Online English Reverse Auction: BPCL will declare its Start price, which shall be visible to the all vendors during the start of the Online Reverse Auction on their respective bidding screens. Please note that the start price of Online Reverse Auction is open to all the participating bidders. Any bidder can start bidding, in the Online Reverse Auction; from the start price itself. On submission of the bid, the rank would be generated for the item.
Also, please note that the first online bid that comes in the system during the Online Reverse Auction can be equal to the auction's start price, or lesser than the auction's start price or by at least one decrement, or lesser than the same. The second online bid for any particular item and onwards which the bidder submits will have to be lesser than the respective bidder’s previous bid by at least one decrement value, or lesser than the same. Decrement in multiple would be “No”.
ii. Online English Reverse Auction shall be for a period of 45 minutes. If a bidder places a Bid in the last 5 minutes of Closing of the Auction, the auction shall get extended automatically for another 5 minutes. So, reverse auction will be continued till bid comes in last remaining 5 min. In case, there is no Bid in the last 5 minutes of closing of Auction, the Auction shall get closed automatically without any extension.
iii. After the completion of Online Reverse Auction, the Closing Price shall be available for further processing.
12. Successful vendor shall be required to submit the final prices, quoted during the Online Reverse Auction, as per BPCL’s price excel sheet format, after the completion of Auction to SP, within 24 hours of the reverse auction, duly signed and stamped on their letterheads as token of acceptance without any new condition other than those already agreed to before start of auction. The Original Copy of the Price Breakup (as per excel sheet) & Price Confirmation (appendix III) should be submitted to the Service provider within 3 days of the completion of the Online Reverse Auction.
13. During the Online Reverse Auction, if no bid is received in the auction system / website within the specified time duration of the reverse auction, then BPCL at its discretion, may decide to revise the auction's Start Price / scrap the online reverse auction process / proceed with the conventional mode of tendering / any other method as deem fit. The decision of BPCL in this regard will be final & binding on all the vendors.
14. Your bid will be taken as an offer to supply. Bids once made by you, cannot be cancelled / withdrawn and you shall be bound to supply as mentioned above at your final bid price. Should you back out and not supply as per the rates quoted, BPCL shall take action as appropriate.
15. Login Name & Password: Each Bidder is assigned a Unique User Name & Password by Service Provider. You are advised to change the Password and edit the information in the Registration Page after the receipt of initial Password from Service provider to ensure confidentiality. All bids made from the Login ID given to you will be deemed to have been made by your company
Page 4 of 11 BUSINESS RULES FOR ON LINE REVERSE AUCTION
16. Visibility to the Bidder: The respective bidder will be able to view the following on their screen along with the necessary fields in the Online Reverse Auction:
a. Bid Placed by you. b. Your Own Rank. c. Start Price & Minimum Bid Decrement value. d. Least Effective Cost(L1) of reverse auction quoted by the bidder
17. Lowest Bid of a Bidder: In case the bidder submits more than one bid, the lowest accepted bid will be considered as the bidder’s final offer to execute the work.
18. At the end of the Reverse Auction, BPCL will decide upon the successful bidder. BPCL’s decision on award of Contract shall be final and binding on all the Bidders.
19. BPCL shall be at liberty to cancel the Online Reverse Auction process / tender at any time, before ordering, without assigning any reason.
20. Other terms and conditions shall be as per your techno-commercial offers and other correspondences till date.
21. You are required to submit your acceptance (Process Compliance Form – (Appendix – II)) before participating in the reverse auction.
22. Auction shall be on final bid basis without consideration of e-sealed price bid submitted by you in e-bid system. All other terms and conditions shall be as per the RFQ/ Offer/As agreed upon.
Page 5 of 11 BUSINESS RULES FOR ON LINE REVERSE AUCTION
BIDDERS TO SPECIFICALLY NOTE
1. The Bidder shall not involve himself or any of his representatives in Price manipulation of any kind by directly or indirectly communicating with other suppliers / bidders.
2. The Bidder shall not divulge either his Bids or any other exclusive details of BPCL to any other party.
3. BPCL’s decision on award of Contract shall be final and binding on all the Bidders. Conducting Online Reverse Auction is not binding on BPCL for ordering. BPCL reserve the right for ordering & May / may not order for any / all the lot for which reverse auction is being held.
4. BPCL along with Service provider can decide to extend, reschedule or cancel Auction. Any changes made by BPCL and / or the Service Provider, after the first posting will have to be accepted if the Bidder continues to access the site after that time.
5. BPCL & Service provider shall not have any liability to Bidders for any interruption or delay in access to the site irrespective of the cause.
6. BPCL & Service provider are not responsible for any damages, including damages that result from, but are not limited to negligence.
7. BPCL & Service provider will not be held responsible for consequential damages, including but not limited to systems problems, inability to use the system, loss of electronic information etc.
N.B.
- All the Bidders are required to submit the Process Compliance Form (Appendix - II) duly signed to the Service Provider, at least 24 hours before the auction date. After the receipt of the Process Compliance Form, Login ID & Password shall be allotted to the suppliers (bidders).
- All the bidders are requested to ensure that they have a valid digital certificate well in advance to participate in the online event. Under no circumstances will the bidders be allowed to participate in the online event without Digital Certificate.
- After the completion of the Auction event, all the Bidders have to submit the Price Break-up (as per BPCL’s price excel sheet format) within 24 hours of the reverse auction to the Service Provider for further proceedings.
Page 6 of 11 BUSINESS RULES FOR ON LINE REVERSE AUCTION
APPENDIX – I
The List of Items to be procured along with the Auction Start Time & Close Time is as follows:
Item Description: Respective CRFQ No..
Date: - Will be intimated later.
Description Start Time End Time
CRFQ No.
** Auto Extensions as applicable
Page 7 of 11 BUSINESS RULES FOR ON LINE REVERSE AUCTION
APPENDIX – II
PROCESS COMPLIANCE FORM (The bidders are required to print this on their company’s letterhead, sign & stamp before emailing a scanned copy)
To, Service Provider
Sub: Agreement to the Process related Terms and Conditions for the Reverse Auction
Dear Sir,
This has reference to the Business Rules and Terms & Conditions for the Online Reverse Auction mentioned in this document for respective CRFQ for supply of…..
This letter is to confirm that: 1) The undersigned is authorized representative of the company. 2) We have studied the Commercial Terms and the Business rules governing the Reverse Auction as mentioned in your letter and confirm our agreement to them. 3) We also confirm that we have taken the training on the auction tool and have understood the functionality of the same thoroughly. 4) We have studied the calculation sheet carefully as per our offer submitted to BPCL. We also confirm that we will email a scanned copy or fax the price break-up of our online quoted price, within 24 hours of the reverse auction, as per BPCL’s price excel sheet format. 5) We confirm that we will send the Original copy of the Price Breakup to Service provider within 3 working days of the completion of the Online Reverse Auction. 6) We, hereby, confirm that we will honor the Bids placed by us during the Online Reverse Auction process. 7) We also confirm that we will accept our Rank / Position that will be displayed when the Bidding Time is over of the Online Reverse Auction. 8) We confirm that we have changed the password on the auction website after first log in. 9) We also confirm that we have a valid digital certificate issued by a valid Certifying Authority.
With regards,
Signature with company seal Name –Company / Organization – Designation within Company / Organization – Address of Company / Organization –
Page 8 of 11 BUSINESS RULES FOR ON LINE REVERSE AUCTION
APPENDIX – III
PRICE CONFIRMATION (The bidders are required to print this on their company’s letterhead, sign & stamp before emailing a scanned copy)
To, Service provider
Sub: Final price quoted during Online Reverse Auction and Price Break up
Ref: respectiva CRFQ No. for supply of….
Dear Sir,
We confirm that we have quoted for CRFQ No. for supply of…. As detailed below.
CRFQ Item No. & Description Quoted Basic Value of the material Effective Cost of Material
as our prices during the Online Reverse Auction conducted on :
The detailed price break-up as per the BPCL excel sheet format enclosed.
Thanking you and looking forward to the valuable order from BPCL.
Yours sincerely,
For ______
Name: Company: Date: Seal:
Page 9 of 11 BUSINESS RULES FOR ON LINE REVERSE AUCTION
CONTACT INFORMATION
Service Provider Bharat Petroleum Corporation Limited, Mumbai Refinery Mumbai
H.P. Panchal Manager (CPO-R)
Tel. No.: 022 – 2552 4129 E-Mail: [email protected]
Page 10 of 11 BUSINESS RULES FOR ON LINE REVERSE AUCTION
BHARAT PETROLEUM CORPORATION LIMITED Central Procurement Organisation (Refineries)
SUB : SUPPLY OF HEAT EXCHANGER TUBES (ADMIRALTY BRASS & COPPER-NICKEL) FOR BPCL - MUMBAI REFINERY.
REF : CRFQ No. 1000254400, E-Tender No.11965
ACCEPTANCE OF BUSINESS RULES FOR ON LINE REVERSE AUCTION
We, M/s. ______having office at ______read BUSINESS RULES FOR ON LINE REVERSE AUCTION and confirm our acceptance to all the terms and conditions as mentioned herein in the document except for deviations mentioned in the deviation form. Deviations : YES / NO (Bidder to tick) If yes, same is mentioned in Annexure-8 i.e. TECHNICAL DEVIATION FORM and Annexure-9 i.e. COMMERCIAL DEVIATION FORM.
Date : Signature of Authorised Signatory with Name & designation and Co. Seal.
Name & full address of the Firm :
M/s. ______
Page 11 of 11 Annexure – 12
SUB : SUPPLY OF HEAT EXCHANGER TUBES (ADMIRALTY BRASS & COPPER-NICKEL) FOR BPCL - MUMBAI REFINERY
REF : CRFQ No. 1000254400, E-Tender No.11965
• LIST OF ITEMS WITH DETAIL DESCRIPTION & SPECIFICATION OF THE ITEMS. (REQUEST FOR QUOTATION CRFQ-1000254400)
• BPCL AES-STANDARD SPECIFICATIONS.
This Annexure is only for detail descriptions & specifications of the items. Bidders are requested not to fill any prices, taxes, duties, freight etc. in this Annexure.
To, REQUEST FOR QUOTATION M/s. BPCL ESTIMATE Collective RFQ Number/ Purchase Group MUMBAI . India - 400038. 1000254400 / N52-Ref CPO Proc GR 2 Ph:,Fax:. Contact person/Telephone Vendor Code:300648 Ref CPO Proc GR 2 Fax : Email: Our ref.: RFQ No/Date: 6000927105 / 22.03.2016 Quotation Due Date/Time:13.04.2016 ______Kind Attn: Please quote your lowest prices for the supply of materials/services as per details given below. The quotation shall show separately and clearly (without any corrections) the basic price, discount (%), packing & forwarding (%), excise duty (with relevant excise tariff no./chapter id), sales tax (VAT/CST), freight(%),Service tax,other charges, etc against each item separately, as applicable. Foreign vendors shall always quote their FOB prices against each item. Rates/charges quoted in the quotation shall be final and no additional charges/corrections will be accepted after the receipt of quotation unless the same is necessitated by BPCL in writing.
The quotation shall be put in a sealed envelope superscribed as "QUOTATION FOR BPCL COL.No.1000254400 and sent to us before due date & time. ______Item Material Qty Unit Unit Basic Rate ______Description Delivery date (in Figures) 00010 74.48.53.301.5 255 Piece TUBE,ADBR C44300,6000 X 25 X 2 MM 30.09.2016
Material: ADMIRALLTY BRASS Mat-spec: ASME SB111-UNS C44300 Manufacturing-process: SEAMLESS End-preparation: SQUARE CUT DEBURRED Service : HEAT EXCHANGER Length : 6000MM Diameter-od-mm : 25 Thickness-wall-mm: 2 FOR DESALTER WATER/BRINE EXCHANGER TAG NUMBER: 131-E-144-A/B/C LOCATION : CDU/VDU
Unit Basic Rate (In Words) : ______
Excise Duty % : ______% VAT% : ______% CST% : ______%
Excise tariff no./Chapter id : ______
Packing & Forwarding Charges : ______% per unit OR ______(INR) per unit
Freight Charges : ______% per unit OR ______(INR) per unit
Page 1 of 6 Vendor Sign & Stamp For Bharat Petroleum Corporation Ltd. To:M/s. BPCL ESTIMATE MUMBAI - 400038 India (300648)
Item Material Qty Unit Unit Basic Rate ______Description Delivery date (in Figures) Third party Inspection charges : ______% per unit OR ______(INR) per unit
Octroi Charges(If applicable) : ______%
Other charges (if any ) : Please specify separately
Material / Services reqd at : M/s. BHARAT PETROLEUM CORPN. LTD MUMBAI REFINERY MAHUL, MUMBAI - 400074 ______India 00020 74.60.16.248.5 880 Piece TUBE CU.NI C70600 HE 6700MM 3/4 IN 2MM 30.09.2016
Mat COPPER-NICKEL 90/10 Mat-spec ASTM B111 C70600 Manufacturing-process SEAMLESS End-preparation SQUARE CUT DEBURRED Add-reqrmts BPCL/R/AES-3525 REV.4 Service HEAT EXCHANGER Length 6700 MM Diameter-od-IN ¾ INCH Thickness-wall-mm 2.0 LONG TUBES. MATERIAL: SB111C 70600. (CU NI 90/10) TUBE FOR RGC SURFACE CONDENSER TAG NUMBER: 132-E-261 LOATION: HYDROCRACKER. (HCU) RMP CDU/VDU.
Unit Basic Rate (In Words) : ______
Excise Duty % : ______% VAT% : ______% CST% : ______%
Excise tariff no./Chapter id : ______
Packing & Forwarding Charges : ______% per unit OR ______(INR) per unit
Freight Charges : ______% per unit OR ______(INR) per unit
Third party Inspection charges : ______% per unit OR ______(INR) per unit
Octroi Charges(If applicable) : ______%
Other charges (if any ) : Please specify separately
Page 2 of 6 Vendor Sign & Stamp For Bharat Petroleum Corporation Ltd. To: BPCL ESTIMATE MUMBAI - 400038 India (300648)
Item Material Qty Unit Unit Basic Rate ______Description Delivery date (in Figures) Material / Services reqd at : M/s. BHARAT PETROLEUM CORPN. LTD MUMBAI REFINERY MAHUL, MUMBAI - 400074 ______India 00030 74.60.16.302.5 6,184 Piece TUBE CU.NI C70600 HE 6000MM 25MM -- 2MM 30.09.2016
Mat COPPER-NICKEL 90/10 Mat-spec ASTM B111 LV -UNS C70600 Manufacturing-process SEAMLESS End-preparation SQUARE CUT DEBURRED Add-reqrmts BPCL/R/AES-3525 REV.4 Service HEAT EXCHANGER Length 6000 MM Diameter-od-mm 25 Standard-wire-gauge-SWG -- Thickness-wall-mm 2 TAG NO.E6/6A, EQUIPMENT : D4 O/H CONDENSER
Unit Basic Rate (In Words) : ______
Excise Duty % : ______% VAT% : ______% CST% : ______%
Excise tariff no./Chapter id : ______
Packing & Forwarding Charges : ______% per unit OR ______(INR) per unit
Freight Charges : ______% per unit OR ______(INR) per unit
Third party Inspection charges : ______% per unit OR ______(INR) per unit
Octroi Charges(If applicable) : ______%
Other charges (if any ) : Please specify separately
Material / Services reqd at : BPCL MAHUL REFINERY MAIN WAREHOUSE MAHUL MUMBAI MUMBAI - 400074 ______India
Page 3 of 6 Vendor Sign & Stamp For Bharat Petroleum Corporation Ltd. To: BPCL ESTIMATE MUMBAI - 400038 India (300648)
Grand Total (inclusive of all taxes, duties/charges etc) In figure: In Words :
______
Page 4 of 6 Vendor Sign & Stamp For Bharat Petroleum Corporation Ltd. To: BPCL ESTIMATE MUMBAI - 400038 India (300648)
______TERMS & CONDITIONS ______Important Notice ______Sr.No Description 001 Quotation received after due date will not be entertained
002 Your quotation must specify exact amount or percentage discount, Excise, S.T., Charges, Transport, Packing & forwarding, Octroi, etc. as applicable.
003 In case you are unable to quote, kindly send the quotation with a regret for our records. Non-receipt of a regret will adversely affect your vendor rating.
004 No quotation will be accepted without your rubber stamp and signature.
005 Your quotation must be strictly in enclosed envelope indicating Collective RFQ No., RFQ No. and due date.
006 For all future correspondences please mention the vendor code Collective RFQ Number & RFQ Number.
Page 5 of 6 Vendor Sign & Stamp For Bharat Petroleum Corporation Ltd. To: BPCL ESTIMATE MUMBAI - 400038 India (300648)
------Tear off Portion to be pasted on the envelope containing offer------______Collective RFQ No. : 1000254400
Our Reference: Due Date : 13.04.2016 RFQ No. : 6000927105 Subject:
To,
FIRST FLOOR, ADMINISTRATIVE OFFICE, MUMBAI REFINERY, MAHUL, CHEMBUR Mumbai 400074
______Purchase Group : N52-Ref CPO Proc GR 2
Page 6 of 6 Vendor Sign & Stamp For Bharat Petroleum Corporation Ltd.
SPECIFICATION FOR 90-10 CUPRO-NICKEL SEAMLESS CONDENSER TUBES
1. SCOPE
This Specification covers 90-10 Cupro-Nickel seamless tubes for use in Condensers/Coolers, and is based on the specification ASTM B - 111 Copper Alloy UNS NO. 70600. The tubes shall meet the requirement of this Specification.
2. MATERIAL DESCRIPTION
i) General : 90 –10 Cu- Ni seamless tubes. ii) Alloy : B - 111 Copper Alloy UNS NO. 70600. iii) Condition : Full length Annealed. Average grain size as per ASTM B - 111. iv) Wall thickness : Nominal with Tolerances according to ASTM B – 111. v) Tube ends : Square cut deburred.
3. CHEMICAL REQUIREMENTS ℑ
The material shall conform to the requirements of chemical composition (in percentage) as given in ASTM B - 111 Copper Alloy UNS NO. 70600.
Copper : Remainder Lead : 0.05 max Nickel : 9 – 11 Manganese : 1.0 max Iron : 1.0 – 1.8 Carbon : 0.05 max Zinc : 1.0 max Sulphur : 0.02 max Phosphorus : 0.02 max
4. MECHANICAL PROPERTIES
The Mechanical properties shall be as follows : Tensile Strength : 28 kg/mm2 Min. Yield Strength : 10.7 kg/mm2 Min. Hardness (Max.) : 110 (HV 5)
4 03.10.2002 Revision as marked. (BVR) (PBP) 3 VMP PBP 09.03.2000 Revision as marked. 2 VMP PBP 25.01.99 Revision as marked and renumbering of specification. 1 VS DPD 18.09.87 ------0 ------Original REV PREPARED BY APPROVED BY DATE REMARKS 5. INSPECTION AND TESTING ℑ
BHARAT PETROLEUM CORPORATION COMPANY STANDARD PAGE LIMITED, MAHUL REFINERY. SPECIFICATION NO. (ADVISORY ENGINEERING) AE-S-3525 REV. 4 1 OF 3
35601
5.1 Tubes shall be subjected to Tensile test, Microscopic examination, Expansion test, and Flattening test as per the specification ASTM B-111.
5.2 Pressure test
Each tube shall be subjected to a hydrostatic test as per ASTM B – 111. During hydrotest, there should not be any evidence of leakage, wetting of surface or permanent deformation.
Each tube shall be subjected to air test as per ASTM-B 111. During the air test there should not be any evidence of leakage.
Non-destructive testing such as eddy current testing is not acceptable in lieu of hydrostatic test.
6. MANUFACTURER’S TEST CERTIFICATE
Manufacturer with each lot of tubes supplied shall submit a Test Certificate confirming that the tubes have been manufactured and tested in accordance with the Standards stipulated herein including the clauses given above and have duly met the requirements. The test certificate shall clearly furnish the following information :
i) Certificate Number & Date ii) Product Description and Dimensions iii) Chemical Composition iv) Microscopic Examination Results v) Tensile Test Results vi) Expansion Test Results vii) Flattening Test Results viii) Hardness Test Results ix) Hydrostatic Test Results x) Air pressure Test Results
7. SCOPE OF WORK FOR 3rd PARTY INSPECTION AGENCY
1. Visual inspection - 20% to be witnessed and review of manufacturer’s records.
2. Dimensional check - 20% to be witnessed and review of manufacturer’s records.
3. Chemical analysis all - Randomly selected sample PCs from one individual elements and lengths of finished product from lot of 600 tubes or mechanical testing 10000 lb or fraction of either, whichever constitutes the greater weight to be witnessed.
BHARAT PETROLEUM CORPORATION COMPANY STANDARD PAGE LIMITED, MAHUL REFINERY. SPECIFICATION NO. (ADVISORY ENGINEERING) AE-S-3525 REV. 4 2 OF 3
35601
such as Tensile, yield And review of manufacturer’s test record. Minimum strength. one tube for lot of tubes less than 400 nos.
4. Mercurous Nitrate - One per lot to be witnessed. Test
5. Expansion and - Review of manufacturer’s test data. flattening test
6. Hardness test - 10% tubes or 5 in 100 randomly selected tubes whichever is less from the lot to be selected and hardness survey to carried out at both ends of the tube. Review of manufacturer’s records.
7. Hydrostatic test and - 10% randomly selected for witnessed. pneumatic test
NOTES:
∗ If any, non-compliance is found during random witness, the minimum inspection shall be doubled. In case of discovery of further defects the entire lot to be rejected. ∗ Manufacturer shall offer entire lot for inspection to the owner/ third party agency for randomly selection of material from the lot. ∗ Third party inspection agency to ensure that correlation/ identification of material with proper stamping. ∗ All manufacturers’ test certificates along with third party inspection report shall be submitted to BPCL for their review and approval prior to dispatch.
8. MARKING →
Each length of tube shall be legibly marked with material specification number and grade for identification.
9. MATERIAL ACCEPTANCE
The material on receipt at BPCL Warehouse shall be subjected to inspection and testing by BPCL Materials Inspector to confirm that the same meets the requirements of the Purchase Order, the Standards and this Specification.
Note : This specification supersedes the earlier specification no. 74.60.16.XXX.X
BHARAT PETROLEUM CORPORATION COMPANY STANDARD PAGE LIMITED, MAHUL REFINERY. SPECIFICATION NO. (ADVISORY ENGINEERING) AE-S-3525 REV. 4 3 OF 3
35601
Annexure – 15
SUPPLY OF HEAT EXCHANGER TUBES (ADMIRALTY BRASS & COPPER-NICKEL) FOR BPCL - MUMBAI REFINERY
REF: CRFQ No. 1000254400, E-Tender No.11965
PRICE BID.
Bidders are requested to fill PRICES in BPCL e-Procurement Portal.