bharat petroleum corporation limited...nandan petro, taloja budge budge, kolkata loni, ghaziabad...

BHARAT PETROLEUM CORPORATION LIMITED

Press Tender

Tender No. : CRFQ -1000126955

Due Date : 07.10.2010 at 3.00 pm

Tender for Supply of MS barrels for the period of one year from the date of issue of

LOI/Contract –Invitation of Technical and Commercial Bid

1. We are pleased to invite your Technical and Commercial bid for supply of MS barrels for filling of Lubricants for the period of 1 year from the date of issue of LOI/Contract as per specifications enclosed for our various plants situated at Wadilube (Mumbai), Budge Budge (Kolkata), Tondiarpet (Chennai), Ernakulam (Kerala) , Loni ( near Ghaziabad ,UP) and our Toll blender at Taloja ( Raigad , Maharashtra)

2. Estimated Quantity required:

Details Wadilube, Mumbai

Nandan Petro, Taloja

Budge budge, Kolkata

Loni, Ghaziabad

Tondiarpet, Chennai

Ernakulam

20 G Lube oil 210 ltr MS barrel

240000 75000 85000 55000 120000 7500

20 G Lube oil 210 ltr MS barrel Epoxy Coated

5000 0 2000 2000 2000 0

18 G Lube oil 210 ltr MS barrel for Defence

30000 0 0 0 0 0


10000 0 3000 2000 6500 0

18 G Lube oil 210 ltr MS barrel – Epoxy Coated

5000 0 2000 2000 2000 0


5000 0 0 0 0 0

20 G Lube oil 140 ltr MS barrel -Epoxy Coated

2000 0 0 0 0 0

3. The estimated requirement given above must be considered as indicative figures only and it is not binding on BPCL in any way (the requirement will be need based only). Actual requirement will be indicated to you from time to time through Purchase Orders after the award of contract. BPCL does not guarantee any minimum volume of business. Estimated requirements may even higher by 50 % of the pro-rated tender quantity during any months.

2

4. The attached tender document consists of the following Annexures and Forms

a) Pre-qualification Criteria ( Annexure I) b) General Terms and Conditions ( Annexure II ) c) Technical Specifications ( Annexure III ) d) Bank Guarantee format for Security Deposit (Annexure IV ) e) E-tender process for the bid (Annexure V) f) Proforma of Integrity Pact ( Annexure VI )

Information pertaining to Credential Bid and Relationship with Directors shall have to be submitted online.

5. Please visit the website https://bpcl.eproc.in for participating in this tender process and

submitting your technical and commercial bid online. 6. Tenderers shall also have to essentially sign an Integrity Pact (IP) for participating in this

tender, as per the profroma mentioned in point (4 f) above. 7. EMD: EMD of Rs.1, 00,000/- is required to be submitted if applicable in physical form at

our office. Pl.refer Annexure II - General Terms and Conditions, Clause XX for details. 8. Solvency certificate of Rs.50 Lacs is required to be submitted in physical form at our

office.

9. Your bid should be submitted online on or before the due date i.e. 07 October, 2010, 3 pm.

10. Bids submitted after the due date and time as mentioned above, or not in the prescribed format is liable to be rejected. BPCL does not take any responsibility for any delay in submission of online bids due to connectivity problem or non-availability of site and/or other documents to be uploaded online. No claims on this account shall be entertained.

11. Based on the information and documents submitted, the parties who are found to be

technically and commercially eligible shall qualify for the next round of the tender viz.price bid. They would also become registered vendors for all limited tenders for supply of MS Barrels. The results of this qualification round shall be intimated to the tenderer by email.

12. For clarifications, if any, please feel free to contact the undersigned on any working day

between 10:00 am to 4:00 pm. Thanking you, Yours faithfully, For Bharat Petroleum Corporation Ltd., S.V.Kelkar Procurement Leader

3

Annexure I

Pre- Qualification Parameters: Vendor has to satisfy the following pre-qualification parameters to be eligible for technical and commercial evaluation and get it certified from our registered third party inspection agencies. Our Third Party Agencies are SGS / GLISPL / IRS / DNV / LRIS / EIL / TATA Projects / PDIL / ULIPL / RITES LTD / ITSIPL. Vendors have to upload scanned copy of certified document along with the technical and commercial bid.

i) Financial parameters: Vendor has to submit audited balance sheet and profit and loss

account for last three financial years of the firm. Vendors should be financially sound which will be judged from the financial documents submitted by the vendors and should have positive net worth. Vendors should have following turnover in any of the last three financial years.

• For supply to Wadilube plant, Mumbai – Rs.4.70 Crores

• For supply to Nandan Petro ,Taloja,Raigad – Rs.1.2 Crores

• For supply to Budge Budge plant ,Kolkata – Rs.1.4 Crores

• For supply to Loni plant ,Ghaziabad – Rs.1.1 Crores

• For supply to Tondiarpet Plant, Chennai – Rs.2.1 Crores

• For supply to Ernakulam plant , Ernakulum- Rs.0.15 Crores

If the same unit of the company is willing to supply to more than one unit (plant), the total turnover should be summation of above. e.g., if a vendor wishes to quote for supplying to Tondiarpet and Ernakulam from the single unit, his turnover should be Rs.2.1 Crores + Rs.0.15 Crores = Rs.2.25 Crores

ii) Capacity : Vendors should have supplied the following MT of MS Barrels per annum in

any of the last three financial years.

• For supply to Wadilube plant, Mumbai – 550 MT

• For supply to Nandan Petro ,Taloja,Raigad – 140 MT

• For supply to Budge Budge plant ,Kolkata – 170 MT

• For supply to Loni plant ,Ghaziabad – 110 MT

• For supply to Tondiarpet Plant, Chennai – 240 MT

• For supply to Ernakulam plant , Ernakulum- 15 MT If the same unit of the company is willing to supply to more than one unit (plant), the total supplies should be summation of above. e.g., if a vendor wishes to quote for supplying to Tondiarpet and Ernakulam from the single unit, his supplies should be 240 MT+15 MT = 255 MT

iii) The Vendor should have valid BIS license for manufacturing MS Barrels .For considering

any party for defence Barrels, they should have approval for manufacturing of defence apart from meeting other criteria as specified. Vendor should submit the BIS Certification and Defence approval along with the technical bid of the tender. Also, proof of supplies to

4

defence is desirable. Vendor also should print BIS Mark on the Barrels.

iv) The vendor should have following machinery required for fabrication :

• De-coiling and sheet cutting facility in the plant apart from barrel manufacturing facility.

• Hydraulic Press (Top and Bottom).

• Grinding machine.

• Automatic on line welding machine.

• Bead expander

• Seaming machine- Auto seaming machine.

• Degreasing/rinsing/drying facility and oven for baking /stoving enamel paints.

• Automatic Painting machine, with spray painting arrangement.

• Leak testing machine.

• Drop tester.

• Hydraulic Test Pump with guage

v) BPCL reserves the right to disqualify any vendor, who is not satisfying to above criteria.

If required technical team of BPCL may visit the site/plant of the vendor.

vi) Vendor should have adequate space to store at least 2 weeks’ requirements of steel coils and at least 3 shifts of finished goods inventory.

vii) If more than one company who are having same management control quoting against

this tender, the same will not be entertained.

viii) Vendors should have supplied MS Barrels to any unit for filling of liquids.

-----------------------------------

5

Annexure II GENERAL TERMS & CONDITIONS

I. VALIDITY OF THE OFFER: Offer should remain valid for at least 120 days from the due date.

II. PERIOD OF CONTRACT: 1 year from the date of LOI / Contract and extendable by another 1 year for entire contract quantity based on mutual consent of both the parties.

III. SPECS / IDENTIFICATION MARK: Barrel shall be made as per specifications given in

Annexure III. Each barrel should bear Identification mark, BIS Mark & batch No. of supplier at bottom of barrels.

IV. QUANTITY REQUIREMENT: Please note that this is only likely indication of our requirement.

Region-wise procurement might vary depending upon actual demand during the tender period and shall be re-allocated between pack sizes and locations based on actual requirement. Vendors are requested to offer quantities strictly as per spare capacity available with them. Vendors should also be ready to meet additional quantity up to 50% of the pro-rata monthly quantity of estimate in any months.

The Corporation may decide, at its sole discretion to distribute the quantities amongst the technically and commercially acceptable suppliers. Where there is no capacity constraint, the following distribution pattern will be adhered to:

• where the quantity / job is distributed among 3 vendors, the percentage allocation among them would be L1: 70%, L2: 20% and L3:10%.

• where the quantity / job is distributed among 2 vendors, the percentage allocation among them would be L1: 80% and L2: 20%

It is considered now that for above MS Barrels, order will be distributed among 3 vendors for supplies to Wadilube ,Mumbai and the percentage allocation among them would be L1: 70%, L2: 20% and L3:10%. For Other locations viz. Nandan Petro ( Taloja , Raigad ) ,Loni ( Ghaziabad ) , Budgebudge ( Kolkata ) ,Tondiarpet ( Chennai ) and Ernakulum , order will be distributed among 2 vendors for supplies to these locations and the percentage allocation among them would be L1: 80% and L2: 20%.

However, for 140 Ltr MS Barrels and 140 Ltr MS Barrels –Epoxy Coated, order will be given to 100 % individual L1 vendor.

In the event it becomes necessary for the Corporation to procure MS Barrels at different rates, then the Corporation reserves the right to make order allotment in such a way so as to enable the Corporation to get the maximum advantage. The requirement of Ernakulam will occur only in some particular month of the year. The other plant requirement will be on sustained basis. However, the quantity is only estimated quantity and BPCL does not take any responsibility of reduction in uptake quantity due to market situation.

V. All the tender documents and Annexures, Credential Bid and declaration forms as well as all

uploaded documents (as mentioned in clause (VI) below) shall form the part of the tender. Both the Credential bid and declaration forms will be online only. Only EMD and Solvency Certificate is exception to this rule, which will have to be submitted in envelope. The details of the e-tender process are enclosed as Annexure V.

6

Offers should strictly be in accordance with the tender terms & conditions and our specifications. Tenderers are requested to carefully study all the documents/annexures and understand the conditions, specifications etc, before submitting the tender and quoting rates. In case of doubt, written clarifications should be obtained, but this shall not be a justification for request for extension of due date for submission of bids.

VI. The complete process for submitting the bid is as follows:

i Accept the contents of all annexures in toto by clicking on the button provided on the screen

below each one of them: a) Pre-qualification Criteria ( Annexure I) b) General Terms and Conditions ( Annexure II ) c) Technical Specifications ( Annexure III ) d) Bank Guarantee format for Security Deposit (Annexure IV ) e) E-tender process for the bid (Annexure V) f) Proforma of Integrity Pact ( Annexure VI )

ii Upload a scanned copy (in pdf or jpg format) of

a) Integrity Pact duly signed and witnessed b) Copy of third party inspection report of Pre-qualification Parameters. c) Copies of valid BIS licence duly attested. d) Copy of approval for manufacturing of defence MS Barrels and proof of supply. e) Copy of PAN Card f) PSE or a valid NSIC Registration Certificate [if applicable] g) Certified copies of Registration certificate under DGTD, Central Excise & Central & State

Sales Tax. h) Certified copies of Registration certificate under NSIC (if applicable). i) Certified copies of Partnership Deed/ Memorandum & Articles of Association & Certificate

of registration with the Registrar of Companies’ (if applicable). j) Copies of audited P & L A/c and Balance Sheet for the last three years k) Bankers Certificate indicating Credit worthiness (in value) of the firm l) Organogram m) Machineries available for manufacturing n) Testing Facilities available o) Manufacturing Process – Line Diagram p) Copy of ISO Certificate if applicable.

In case no. of pages to be uploaded are more, then the same can also be zipped and uploaded. The supporting documents should be serially numbered and total number of pages uploaded, should be indicated.

III. Online fill in information in Credential Bid and Declaration Forms.

Additionally, EMD [if applicable] and Solvency Certificate of Rs.50 Lacs have to be submitted in

physical form.

VII. Proforma of Integrity Pact has been uploaded as Annexure VI of tender documents. Tenderer shall be required to download and print it such that it is legible. All pages of the printed copy of IP should be duly signed by the authorized signatory as specified in clause (VIII) below and witnessed. Thereafter, that copy should be scanned and uploaded online by tenderer. Similarly, all the supporting documents should be legible and duly signed, stamped and attested by the authorized signatory as specified in clause (VIII) below, before uploading them online

7

VIII. All the tender documents and Annexures, Credential bid and declaration form shall be required

to be digitally signed with a class IIB or above digital signature by the authorized signatory. The authorized signatory shall be :

a. Proprietor in case of proprietary concern. b. Authorised partner in case of partnership firm. c. Director, in case of a limited Company, duly authorized by its board of directors to sign.

If for any reason, the proprietor or the authorised partner or director as the case may be, are unable to digitally sign the document, the said document should be digitally signed by the constituted attorney having full authority to sign the tender document and a scanned copy of such authority letter as also the power of attorney (duly signed in the presence of a Notary public) should be uploaded with the tender.

Online submission of the tender under the digital signature of the authorized signatory shall be considered as token of having read, understood and totally accepted all the terms and conditions.

IX. Order will be awarded on Net landed rate basis which will be worked out considering

(deducting) the CENVAT and VAT set off wherever applicable from the delivered rate. The VAT set off will be as under:

State VAT Rate % Set Off % of VAT

Maharashtra 12.5% 95.28%

West Bengal 4.00 51.25 %

Tamil Nadu 4.00 71.91%

Uttar Pradesh 4.00 0 %

X. PLACE OF DELIVERY: Barrels shall be delivered at the following addresses:

Plant Manager, Bharat Petroleum Corpn. Ltd. Wadilube Installation, Mallet Road, Wadibunder, Mumbai – 400 009. Maharashtra

Plant Manager, Bharat Petroleum Corp. Ltd Loni, Dist. Ghaziabad, Uttar Pradesh

Plant Manager, Lubes Bharat Petroleum Corpn. Ltd. Budge Budge Lube Plant Dist. 24, Parganas -743 319. West Bengal

Plant Manager, Lubes Bharat Petroleum Corpn. Ltd. 35, Vidyanatha Mudali Street, P.B. No. 1152, Tondiarpet, Chennai – 600 081. Tamilnadu

BPCL Lubricants Depot, Ambalamugal Ernakulam ( Kochi )-682302, Kerala

Nandan Petrochem Ltd. Bharat Petroleum Corpn. Ltd. Plot No. J34 & J36, MIDC, Taloja, Dist. Raigad, Maharashtra

For delivery locations other than mentioned above i.e. repacker place around the plants, vendors shall be compensated on pro-rata basis for the additional transportation cost for the distance more than 50 Km. from the respective plants. Similarly when the distance is reduced between the vendors premise and delivery location with respective plants mentioned above the transportations charges on pro-rata bases shall be recovered for the distance more than 50 Km.

XI. PAINTING & INTERNAL CLEANLINESS: Painting on the barrels should be neat, uniform and

in the approved colour shades. Painting should not be smudged during the process of filling /

8

packing / handling / transit and / or get rubbed off with the contents. (Please see details under Annexure-III.)

XII. PRICE ESCALATION / DE-ESCALATION:

Price quoted in shall be subject to escalation / de-escalation as provided hereunder:

a) Any revision in the steel cost as announced by Govt. / SAIL will be passed on to the Corporation and the basis of costing would be published rates by SAIL.

b) Suppliers are requested to offer their best raw material rate based on the SAIL published

rates prevailing on 01.10.2010 .Price escalation / de-escalation on account of variation in raw material prices shall be reviewed every month. The rate list issued by SAIL for the month (normally on the 1

st of the month) shall be applicable after 10 days from the revision (on 11

th if

the rates are revised on 1st of the month). In case there is no revision from the existing rate

on 1st, then the first revision subsequently shall be considered for the purpose and rate

revision made 11th day from the date of SAIL price change. Escalation/ de-escalation based

on changes in SAIL basic rates shall be applicable on the rate offered by the party during the tender. The conversion rate and all other charges other than statutory levies shall be firm for entire contract period.

Revised raw material rate = Quoted raw material rate + (New SAIL raw material rate – SAIL rate as on date of offer)”. Vendors should therefore quote their rates accordingly and enclose a copy of the SAIL published rate as on 1

st Oct. 2010.

The above will apply in case of all barrels including defence barrels.

c) Any Price revision in steel between the offer date and date of Corporation's acceptance will

considered for escalation/ de-escalation as specified above in (b).

d) Yield will be taken as mentioned in the offer for the purpose of escalation / de-escalation. e) Any change in excise duty, VAT/sales tax and octroi (if applicable) will be passed on to

BPCL. Relevant notification to be provided in the event of change. f) SAIL’s published rate should be submitted in support of claim for price escalation / de-

escalation. g) Except as provided above, no escalation / de-escalation will be allowed on any other item.

XIII. CENVAT: If supplier is availing CENVAT he is requested to take following into consideration while quoting:

a) The quoted price should take into account the entire credit on inputs available under the CENVAT Scheme. b) In the event of CENVAT credit being extended by the Govt. of India to more items than already covered, supplier should advise us within seven days about the additional benefits accrued through a letter containing the following certificate, subject to any variation thereof, as may be considered necessary by us. " We hereby declare that we can avail additional duty set off as per latest CENVAT scheme in force now and we hereby give a reduction of -------------per unit and agrees to revise the prices indicated in the purchase order. The current excise duty of----------- % payable on this reduced price. Therefore, we request you to amend the purchase order accordingly."

XIV. REIMBURSEMENT OF EXCISE DUTY / SALES TAX / OCTROI:

9

All statutory levies like excise duty / sales Tax / octroi etc. will be reimbursed as applicable at the time of delivery against proof of payment, wherever applicable. If goods are not supplied within the scheduled delivery period, any increase on Excise Duty/Sales Tax/Other statutory levies will be on the suppliers account. If excise duty payable by any supplier increases during contractual period due to increase in individual supplier’s turnover, the same will be reimbursed at actuals, if the supplier agrees to allow appropriate discount on basic rate, to keep delivered rate after availing CENVAT by us, at par with that based on quoted rates in this tender, even after such increase in rate of excise duty. If however, excise duty structure changes due to any subsequent excise notification, the same shall be taken into due consideration for reimbursement of excise duty.

Any increase/decrease in statutory levies on the date of delivery within scheduled delivery period on materials will be on BPCL's account. The benefit of any reduction must be passed on to BPCL Please specify current rate of statutory levies payable wherever applicable. Payment is subject to the condition that the same is statutorily payable by the Supplier to the Government.

XV. INSPECTION & REPLACEMENT: We shall be entitled to employ Inspector(s), (including

Inspectors(s) of Third Party Agencies) of our selection at factory of supplier or other premises where the said drums are manufactured. Such Inspector(s) shall have free access to all parts of factory or premises where the said barrels are manufactured and to inspect and test the same. We shall have the right, whenever it appears from such inspection or otherwise that supplier is not able to produce or may fail to produce the drums complying with our specifications, to direct such changes in manufacturing process as may be necessary to ensure production of the said drums complying with our specifications/requirements. Prior Inspection will not prejudice our right to demand from the supplier's replacement of defective barrels.

XVI. DELIVERY SCHEDULE: The supplier is expected to supply required quantity of barrels against

call ups. The estimated upliftment may vary from month to month. However, the exact requirement will be intimated to supplier from time to time (presently monthly call off and weekly schedules for next week are advised). Suppliers shall be advised about the requirements/ delivery schedules or changes in advance. Supplier shall be required to adhere strictly to the delivery schedule. In the case of defence grade barrels, the supplies shall be made against specific call up for the total required quantity for the barrels in one or more lots. The supplier, who have orders for more than one grade of barrels shall make sure that sufficient capacity exists to meet all the requirements, simultaneously. It is emphasized here that strict adherence to the delivery schedule is of utmost importance to us. Suppliers shall intimate despatch schedule, one day in advance, to the plant.

XVII. All costs related to unloading and stacking of barrels at the plant shall be at the suppliers

account. You shall be obliged to uplift the rejected barrels from BPCL’s premises at your own cost (within fifteen days from the notification to you in writing) failing which BPCL will be free to dispose of such barrels as it deems fit without any obligation whatsoever. The additional cost of such disposal, if any, shall be debited to defaulting suppliers account.

XVIII. In case of successful Supplier, the orders placed on them will be governed by "BEST PRICE" Clause under which, if the Supplier, on whom the order is placed, offers a lower rate/ better terms & conditions (other than at which the order is placed on the Supplier by the corporation) to other public sector oil company during the pendency of the order, the same price / terms will automatically be applicable to the Corporation from the date on which the price terms becomes applicable to the other public sector oil company(ies).

XIX. Any acquiescence or waiver by the Corporation of any delay, breach or default committed by

10

any supplier shall not be deemed to be or considered as estoppel against the Corporation nor prevent the corporation from exercising any of its rights under the contract.

XX. EMD ,BANK GUARANTEE / SECURITY DEPOSIT:

EMD of Rs 1, 00,000/- should be submitted in physical form in a sealed cover addressed to Procurement Leader (Group 1), boldly super-scribed on the outer cover –

• CRFQ number

• Item

• Closing date/Time

• Name of the tenderer

It should be dropped in the tender box or sent by Registered Post/Courier to the following address so as to reach on or before the due date & time of the tender:

Central Procurement Organization (CPO), ‘A’ Installation, Sewree Fort Road, Sewree, Mumbai-400015

BPCL will not be responsible for non-receipt of instrument(s) due to postal delay/loss in transit etc. Bid received without the EMD if applicable is liable to be rejected.

EXEMPTION FROM EARNEST MONEY DEPOSIT:

i) Public Sector Undertakings, State/Central Govt. are exempted from payment of

Earnest Money Deposit. ii) Small Scale Units registered with National Small Industries Corporation Limited

(NSIC), are exempted from payment of Earnest Money provided:-

• The Unit is registered for the item tendered.

• The NSIC registration certificate should cover items offered against the tender.

• Registration Certificate is valid as on the date of consideration of tender.

• Quotation is accompanied by a notarized copy of valid NSIC registration certificate.

iii) Registration with DGS&D will not entitle the tenderer to claim exemption for Earnest Money Deposit.

iv) Registered and approved vendors of BPCL. EARNEST MONEY DEPOSIT WILL BE FORFEITED IN THE EVENT OF – i) Withdrawal of offer while the offer is under consideration during the offer validity

period. ii) Tenderer not accepting our Purchase Order, if placed without prejudice to our rights

to recover damages on account of breach of contract. iii) Non-confirmation of acceptance of order within the stipulated time after placement

without prejudice to our rights to recover damages on account of breach of contract. iv) Any unilateral revision made by the tenderer during the validity period of the offer.

The quantitative capacity per annum of the party as per NSIC certificate should be more than the quantity specified in the tender. Otherwise the party will not be considered for benefit under NSIC certificates.

EMD of Rs. 100,000/- shall be returned on finalization of the order, however successful bidders EMD shall be converted to Security Deposit which will be released 6 months after completion of contract. No interest on this EMD / Security Deposit is payable. The successful

11

vendor may be allowed to replace the EMD with Bank Guarantee of Rs. 100,000/- of Nationalized /schedule bank in the standard format to be provided along with this tender. BANK GUARANTEE / SECURITY DEPOSIT On placement of orders, you will be required to give us a security deposit to the extent of 5% of the value of the total order, subject to maximum of Rs.100000/-

The security deposit can be given in the form of Bank Guarantee (format given in Annexure D) or by Demand draft/ pay order favouring Bharat Petroleum Corporation Ltd. However, payment in cash/cheque is not acceptable. The Bank Guarantee towards security deposit should remain valid for a period of 18 months from the date of issue of LOI. Please note that no interest shall be payable on such security deposit. The same will be refunded to you on the completion of repacking to our satisfaction. SSI units registered with NSIC and fulfilling the conditions will be exempted from payment of security deposit.

XXI. Solvency Certificate : Solvency Certificate of Rs 50 Lacs should be submitted in physical

form in a sealed cover addressed to Procurement Leader (Group 1), boldly super-scribed on the outer cover –

• CRFQ number

• Item

• Closing date/Time

• Name of the tenderer It should be dropped in the tender box or sent by Registered Post/Courier to the following address so as to reach on or before the due date & time of the tender:

Central Procurement Organization (CPO), ‘A’ Installation, Sewree Fort Road, Sewree, Mumbai-400015

BPCL will not be responsible for non-receipt of instrument(s) due to postal delay/loss in transit etc. Both EMD and Solvency Certificate can be sent in a single envelop.

XXII. SAMPLES:

a) Successful Supplier shall get his samples approved by us prior to commencement of supplies. b) We reserve the right to alter/modify the design and specification of barrels as and when required and supplier shall conform to such revised specification / design immediately.

XXIII. Vendor should have good HSSE (Health, safety, security and Environment) policy.

XXIV. Vendors should have smooth process flow for manufacturing. XXV. PAYMENT: Payment shall be made 30 days after the date of receipt and acceptance of

material OR receipt of invoice from vendors whichever is later, through NEFT by the respective plants.

XXVI. Integrity Pack Program: A Proforma of the integrity Pact document is enclosed as Annexure

VI separately. Pl.note :

12

a. Proforma of Integrity Pact 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. Bidder’s failure to return the IP document duly signed along with the bid documents shall result in the bid not being considered for further evaluation.

b. If the contract has been terminated according to the provisions of the Integrity Pact,

or if BPCL is entitled to terminate the contract according to the provisions of the Integrity Pact, BPCL shall be entitled to demand and recover from the contractor, Liquidated Damages amount by forfeiting the Security Deposit ./ Performance Bank Guarantee as per provisions of the Integrity Pact.

c. If the contract has been terminated according to the provisions of the Integrity Pact,

or if BPCL is entitled to terminate the contract according to the provisions of the Integrity Pact, BPCL shall be entitled to demand and recover from the contractor, Liquidated Damages amount by forfeiting the Security Deposit ./ Performance Bank Guarantee as per provisions of the Integrity Pact.

d. Bidders may raise disputes / complaints, if any, with the nominated Independent

External Monitor whose name/ address / contact numbers are as given below: Shri T.S. Krishnamurthy Flat No. 9, Gokul Tower, Next to Mookambika Complex, No. 7, C P Ramaswamy Road, Alwarpet, Chennai 600018 Tel: 044- 24993077/24993079/ Mobile: 9444999555

XXVII. SPECIAL RIGHTS:

Since BPCL is not asking from enlisted Vendor to submit EMD (Earnest Money Deposits ) & securities deposits as “Bid Security” & “Performance Security” We reserve the right to take suitable penal action (including putting the vendor on Holiday listing up to 3 years) in following cases.

a. Vendors withdraw or alter their bids during the bid validity b. Successful Vendors do not accept the order.

c. Successful Vendors accept the order but fail to deliver the product/services as

per Purchase Order Terms and conditions.

XXVIII. ARBITRATION CLAUSE:

1. Any dispute or difference of any nature whatsoever, any claim, cross-claim, counter-claim or set off of BPCL / Vendor against omission or account of any of the parties hereto arising out of or in related to this Contract shall be referred to the Sole Arbitration of Director (Marketing) of BPCL or to some officer of BPCL who may be nominated by the Director (Marketing).

2. In the event the Arbitrator being unable or refusing to act for any reason whatsoever, the

Director (Marketing) of BPCL shall designate another person to act as an Arbitrator in accordance with the terms of the said Agreement. The Arbitrator newly appointed shall be entitled to proceed with the reference from the point at which it was left by his predecessor.

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.

13

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.

5. The language of the proceedings will be English and the place of proceedings will be

Mumbai.

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.”

XXIX. TERMINATION CLAUSE

Not withstanding anything to the contrary herein contained, BPCL shall also be at liberty at its entire discretion to terminate this agreement forthwith upon or at any time after the happening of any of the following events namely:

a) If you commit a delay, breach or default of any of the terms, conditions, covenants and stipulations contained herein.

b) Upon death or adjudication as insolvent if you are individual (this clause is to be suitably modified if business is carried on by partnership or by limited company or by a co-operative society).

c) If any attachment is levied and continued to be levied for a period of seven days upon your effects.

d) If you are involved in any criminal offence relating to Moral Turpitude. e) If a receiver is appointed of any of your property or assets. f) If the License issued to you by the relevant statutory authorities is cancelled or

revoked. g) If you have made default in payment of any money of the BPCL without formal

approval of the BPCL in writing. h) If you fail to adhere to the instructions issued to you by the BPCL from time to time in

respect of the business condition herein. i) If you contaminate or tamper with the quality of BPCL’s product given in you. j) If the ownership / tenancy of the premises from which you are carrying on the

business if transferred / terminated for any reason whatsoever. k) If you, yourself or to your servant or agents commit or suffer to committed any act

which in the opinion of the Director (Marketing) of the BPCL is prejudicial to the interest or good name of BPCL or its products. Director (Marketing)) shall not be bound to give reasons to such decisions.

l) The BPCL’s right to terminate the contractual obligations under this clause shall be without prejudice to and without affecting any of its rights and remedies against you.

In the event of BPCL terminating this agreement under the provisions of this clause it shall not be liable to pay for any loss or compensation in respect of such termination. Without prejudice to the foregoing provisions or anything to the contrary herein contained BPCL reserves the rights to terminate this agreement on giving 90 days written notice to the other parties without assigning any reasons for such termination.

XXX. FORCE MAJEURE CLAUSE

a) In the event of causes of Force Majeure occurring within the contractual delivery

period and if they impede the performance of contract, the delivery dates shall be extended on receipt of application from the Vendor / BPCL without imposition of penalty. Only those causes which depend on natural calamities, civil wars, fire and national strikes which have duration of more than seven consecutive calendar days are considered the causes of force Majeure. The decision of BPCL shall be final and

14

binding on Vendor. b) The Vendor must advise the BPCL by a registered letter duly certified by Local

Chamber of Commerce or statutory authorities and BPCL must advise the Vendor by a letter, the beginning and the end of the delay immediately, but in no case later than within 10 days of the beginning and end of such causes of Force Majeure condition as defined above. Provided further that if the performance in whole or part of any obligation under this contract is prevented or delayed by reason of any such event for period exceeding 60 days either party may at its option terminate the contract.

XXXI. SUB-LEASING & CENVAT CLAUSE :

SUB-LEASING You shall not be allowed to sublet or assign any part of the order without our prior written consent. CENVAT Kindly indicate whether you are availing CENVAT. If so. a) The price to be quoted by you should take into account the entire credit on inputs

available under the CENVAT Scheme. b) In the event of CENVAT credit being extended by the Government of India to more items

than already covered, you should advise us about the additional benefits accrued through a letter containing the following certificate of any variation thereof as may be considered necessary by us.

" We hereby declare that we can avail additional duty set offs as per latest CENVAT

Scheme in force now and we hereby give a reduction of ______ per unit and agree to revise the prices indicated in the order. The current excise duty of ______ payable on this reduced price. Therefore, we request you to amend the order accordingly.

XXXII. RISK PURCHASE CLAUSE

Whenever a supplier fails to deliver the quantity as stipulated in the delivery schedule, we reserve the right to cancel the order in part or in full and procure such quantity from any other sources at his risk, responsibility and cost of the supplier without prejudice to his rights and remedies under other clauses in this contract. We may also withdraw his name from list of approved suppliers.

XXXIII. LIQUIDATED DAMAGES CLAUSE: The time and date of delivery of barrels as stipulated in the order given by the plants in their weekly schedule, shall be deemed to the essence of the contract. In case of delay in execution of the order beyond the contractual date of delivery as stipulated in the order or any extension sanctioned, BPCL at its option:

i. Accept delayed at prices reduced by a sum equivalent to one percent (1%) of the basic

values of any goods not delivered for every week of delay or part thereof, limited to a maximum of 10% of the total basic order value.

ii. Cancel the order in part or full and purchase such cancelled quantities from elsewhere on

account and at the risk of the vendor, without prejudice to its right under (i) above in respect of goods delivered.

XXXIV. GENERAL:

a. Tender documents are not transferable.

15

b. It will be the responsibility of the supplier to procure the raw materials required to meet

our demand. Supplier must ensure that adequate stock of raw materials is available to meet our requirement as per call up placed by the plants.

c. We reserve the right to accept any offer in whole or part or reject any or all offers without

assigning any reason. We are also not bound to accept the lowest Bid. Corporation reserves the right to reject any offer which in the opinion of the Corporation is below the normal cost of a barrel based on the current cost of inputs.

d. In case of non-performance, Corporation retains the right to re-allocate the quantity to

any other supplier in part or full to meet the requirements.

e. Any deviation from standard terms and conditions of BPCL as mentioned in this tender document will not be acceptable and we reserve the right to disqualify such offers.

f. No counter terms and conditions shall be acceptable to us. In case you disagree to any

of our terms and conditions, kindly specify with your justifications, failing which the same

shall be deemed as accepted by you.

g. It shall be understood that every endeavor has been made to avoid error which can materially affect the basis of Tender and the successful Vendor shall take upon himself and provide for risk of any error which may subsequently be discovered and shall make no subsequent claim on account thereof. No advantage is to be taken either by the Corporation or the Vendor of any clerical error or mistake may occur in the general specification, schedules, plans.

h. Forming Cartel and quoting rates in groups would disqualify the supplier.

i. In case of your inability to quote for the tender, kindly return the tender with your regret

note.

j. For defence supplies which may take place Ex our plants at Wadilube, Budge Budge, Loni and Tondiarpet, vendor has to coordinate with the defence officials for inspection and approvals.

k. Colour shade may be changed by BPCL as and required.

l. Vendors are advised not to enclose unwanted and unasked documents with the tender.

Any such documents if received shall not be considered.

m. Your tender may not be considered, if we are unable to evaluate your offer for want of any Information.

n. In case of unscheduled holiday on opening day of tender, the next working day will be

treated as scheduled prescribed day of opening of tender. Time and venue will remain same.

-----------------------------

16

Annexure III

TECHNICAL SPECIFICATIONS OF STEEL BARRELS 20G (1.00mm) LUBE BARRELS:

Scope This specifications covers MS barrels and be read together with BIS Specification IS 1783 (part 2) – 1993, Grade “B” Type 2.

Capacity Barrels shall have a nominal capacity of 210 ltr (overflow capacity 216 Ltr)

Material Barrels shall be made from materials meeting BIS specifications IS 513-1986 (latest revision) type "O" quality.

Weight

Typical : 18 kg: +/- 0.5 kg

Internal Diameter

572+/-2 mm

External Diameter ( Over Bead )

598+/-2 mm

Height 880+/-2 mm (Internal)

18G (1.25mm) LUBE BARRELS:

Scope This specifications covers MS barrels and be read together with BIS specification IS 1783 (part 2) - 1993, Grade "A" Type 2.



Weight

Typical : 22.50 kg: +/- 0.5 kg

Closure for 20 G and 18 g TH barrels

As per BIS 1784 Barrel should be fitted with 2 Nos. of screwed closures of Tri-Sure make of 50 mm and 20mm having washer made of good quality neoprene rubber.

Internal Diameter

572+/-2 mm


595+/-2 mm


17

20G (1.00mm) LUBE BARRELS (140 Ltr):

Scope This specifications covers MS barrels and be read together with BIS Specification IS 1783 (part 2) – 1993, Grade “B” Type 2.



Weight

Typical : 14 kg: +/- 0.5 kg

Internal Diameter

572+/-2 mm


598+/-2 mm


TECHNICAL SPECIFICATIONS OF EPOXY: Physical Properties:

• Colour- Gold

• Viscosity - 55+/-5 sec at 30 Deg.C in flow cup no.B-4 (IS:3944-1966)

• Solid Content by weight- 34.5+/-2.0% at 30 Deg.C

• Specific Gravity- 0.97+/- 0.02 at 30 Deg.C

• Acetone Resistance - Passes 45 to 50 Rubs Thinner to be used: RMD -0005 0r Butyl Cellosolve. Stoving Details:

• First Coat - 165 – 175 Deg.C for 10 to 12 min. PMT

• Second Coat - 195 – 205 Deg.C for 10 to 12 min. PMT Dry Film Weight: 4.0 to 5.0 gsm. For each coat. Mean Coating Coverage for each coat: 1.35 liters per 100 sq. mt. Application Details:

• Application temperature- 20 Deg.C to 40 Deg.C

• Application Viscosity for Roller Application -55+/-5 sec at 30 Deg.C in FC4

• Application Viscosity for Spray- 35+/- 5 sec at 30 Deg.C in FC4 Coating Preparation: Coating must be stirred for 1 Hr. before use. Suggested condition for coating application:

• Spray - Conventional spray gun.

• Suitable Coaters- Conventional coating rollers for flat sheets.

• Type of Rollers- Polyurethane, Nitrile Rubber or EPDM.

• Shore Hardness 30 to 60.

• Application Speed 3000-7000 sheets per hour.

18

GENERAL SPECIFICATIONS:

Paint / Printing Barrels must be clean before painting by giving degreasing treatment. Once the barrels are thoroughly cleaned, the same shall be painted as per the following colour scheme.

Body - Azure Blue/Golden Yellow (IS 356)/Azure Blue (IS 104) with 2 logos & Brand Name in the middle band. Top & bottom - Golden Yellow . Top lid shall be screen printed in one colour with details ( see sketch) All paints and screen printing inks must be resistant to lubricants and sunlight.

Manufacturer shall get light, standard and dark shade panels of specified colour approved by corporation before starting supplies of barrels. The logo of BPCL ( as per approved artwork) has to be stencil printed at the top and at the body of the barrel.

External Paint Stoving Enamel

Paint Specification

Dry film Thickness (microns)- Body: 15 - 20 Top & bottom: 20 - 25

Appearance Barrels shall be free from -

• Internal / external contamination such as dirt, millscale corrosion. Supplier shall ensure that there are no black particles inside the barrels and the steel sheet is dry and clean. (Supplier may at his own cost, incorporate suitable de-greasing / cleaning process in his plant to ensure that barrels supplied are clean as specified above)

• Excessive solder or seaming compound.

• Surface defects such as cracks, holes buckling, dents and

• Sharp edges.

• End and side (welding) seam defects.

• Lacquer lining defects such as pinholes and embedded particles.

• Bung / bung thread damage.

• Orange peel effect especially on top.

Performance The manufacturer shall be responsible for ensuring that the barrel complete with closure must be suitable to protect and contain the product and be compatible with filling equipment and facilities of BPCL. All joints should be leak proof. Paint sprayed or roller coating should be complete and continuous.

Packing Barrels should be packed in a manner sufficient to protect from scratches on paint, dents, rainwater and should meet high level of cleanliness standards.

Construction

Body-Continuous electrical welding Ends-Spiral seamed / triple seamed Seaming compound-Refer BIS 1783. It should be chemically resistant to Lubricants i.e. Latex / SBR.

19

Annexure IV

To executed by Bank on Stamp Paper of appropriate value)

BANK GUARANTEE (SPECIMEN) FOR SECURITY DEPOSIT

1. In consideration of the BHARAT PETROLEUM CORPN. LTD., having its Registered office at

'BHARAT BHAWAN, 4&6, CURRIMBHOY ROAD, BALLARD ESTATE, MUMBAI-400

001. (hereinafter called "the Corporation") having agreed to exempt

_____________________________________________________having its office at

______________________________________

_____________________________________________________ (hereinafter called "the said

contractor"/ "the said suppliers" / "the said sellers" / "the said buyers") from the demand under the

terms and conditions of an Agreement/ Purchase Order / Letter of Intent

ref.____________dated_________ made between the Corporation and M/s

_____________________________________________ (hereinafter called "the said

agreement" / "the said purchase order"/ "the said letter of intent/ "the said contract") of security

deposit for the due fulfillment by "the said contractors" / "the said suppliers" / the said sellers" /

"the said buyers* of the terms and conditions contained in "the said agreement / purchase order /

letter of intent / Contract *on production of a bank guarantee of Rs.________________(Rupees

___________________________

__________________________________________________only.

We,________________________________________ hereinafter

( indicate the name of the bank)

referred to as the bank (at the request of _____________________________ do hereby undertake

to pay to

( name of contractors/supplies/sellers/buyers*)

the Corporation an amount not exceeding Rs.___________against any loss or damages caused to

or suffered or would be caused to or suffered by the Corporation by reason of any breach by the

said contractors/suppliers/sellers/buyers if any of the terms and conditions contained in the said

agreement/purchase order/letter of intent/contract.

2. We, _________________________________do hereby undertake (indicate the name of the bank)

to pay the amounts due and payable under this guarantee without any demur, merely on a demand

from the Corporation stating that the amount claimed is due by way of loss or damaged caused to

or would be caused to or suffered by the Corporation by reason of breach by the said

contractors/suppliers/sellers/agreement/buyers, failure to perform the said agreement/purchase

order/letter of intent/contract. Any such demand made on the bank shall be conclusive as regards

the amount due and payable by the bank under this guarantee. However, our liability under this

guarantee shall be restricted to an amount not exceeding

Rs._______________________________.

3. We undertake to pay to the Corporation any amount so demanded notwithstanding any dispute or disputes raised by the contractors/suppliers/sellers/buyers *in any suit or proceeding pending

before any court or tribunal or Arbitrator relating there to our liability under this present being

absolute and unequivocal).

The payment so made by us under this bond shall be valid discharge of our liability for payment

there under and the contractors/suppliers/sellers/buyers shall have no claim against us for making

20

such payment.

4. We,_________________________________further agree that the (Indicate the name of the bank)

guarantee herein contained shall remain in full force and effect during the period that would be

taken for the performance of the said agreement/purchase order/letter of intent/contract and it

shall contain to be enforceable till all the dues of the Corporation under or by virtue of " the said

agreement/purchase order/letter of intent/contract *have been fully paid and its claims satisfied or

discharged or till the Corporation certifies that the terms and conditions of the said

agreement/purchase order/letter of intent/contract *have been full and properly carried out by the

said contractors/suppliers/sellers/buyers * and accordingly discharge this guarantee.

Unless a demand or claim under this guarantee is made to us in writing on or before __________,

we shall be discharged for all liabilities under this guarantee thereafter.

5. We, ______________________further agree with the Corporation that the Corporation shall have the fullest liberty without our consent and without affecting in any manner our obligations

hereunder to vary any of the terms and conditions of the said agreement/purchase order/letter of

intent/contract * or to extend time of performance by the said contractors/suppliers/sellers/buyers

from time to time or to postpone for any time or from time to time any of the powers exercisable

by the Corporation against the said contractors/suppliers/sellers/ buyers and forbear or enforce

any of the terms and conditions relating to the said agreement/purchase order/letter of intent /

contract * and shall not be relieved from our liability by reason of any such variation, or

extension being granted to the said contractors/suppliers/sellers/buyers * or for any forbearance

act or omission on the part of the Corporation or any indulgence by the Corporation to the said

contractors/suppliers/sellers/buyers or by any such matter or thing whatsoever which under the

law relating to sureties would but for this provisions have effect of so relieving us.

6. This guarantee will not be discharged due to the change in the constitution of the Bank or the contractors/sellers/buyer *.

7. We, ___________________________________ lastly undertake (indicate name of the Bank)

not to revoke this guarantee during its currency except with previous consent of the Corporation

in writing.

Dated the_________day of______________200__.

For _____________________________________.

(Indicate the name and address of the bank)

*Strike out words not applicable.

21

Annexure V

E-Procurement Process

1. Tender document with detailed terms and conditions is available on our website

http://bharatpetroleum.com/tender/tender.asp. Interested parties may download the same and participate in the tender as per the instructions given therein, on or before the due date of the tender. The online portion of the tender shall have to be submitted through the e-procurement system on https://bpcl.eproc.in.

2. As a pre-requisite for participation in the tender, tenderers are required to obtain a valid

Digital Certificate of Class IIB 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 tenderer. In case any tenderer so desires, he may contact our e-procurement service provider M/s. C1 India Pvt. Ltd., Mumbai (Contact no. 022-32444300/ 65281885/ 65281886) for obtaining the digital signature certificate.

2. Tenderers are required to submit their bid online on or before the due date of closing of the

tender. The complete process for submitting the bid is as follows:

i Accept the contents of all annexures in toto by clicking on the button provided on the screen

below each one of them: a) Pre-qualification Criteria ( Annexure I) b) General Terms and Conditions ( Annexure II ) c) Technical Specifications ( Annexure III ) d) Bank Guarantee format for Security Deposit (Annexure IV ) e) E-tender process for the bid (Annexure V) f) Proforma of Integrity Pact ( Annexure VI )

ii Upload a scanned copy (in pdf or jpg format) of

a) Integrity Pact duly signed and witnessed b) Copy of third party inspection report of Annexure - I c) Copies of valid BIS licence duly attested. d) Copy of approval for manufacturing of defence MS Barrels and proof of supply. e) Copy of PAN Card f) PSE or a valid NSIC Registration Certificate [if applicable] g) Certified copies of Registration certificate under DGTD, Central Excise & Central & State

Sales Tax. h) Certified copies of Registration certificate under NSIC (if applicable). i) Certified copies of Partnership Deed/ Memorandum & Articles of Association & Certificate

of registration with the Registrar of Companies’ (if applicable). j) Copies of audited P & L A/c and Balance Sheet for the last three years k) Bankers Certificate indicating Credit worthiness (in value) of the firm l) Organogram m) Machineries available for manufacturing n) Testing Facilities available o) Manufacturing Process – Line Diagram p) Copy of ISO Certificate if applicable.

22

In case no. of pages to be uploaded are more, then the same can also be zipped and uploaded. The supporting documents should be serially numbered and total number of pages uploaded, should be indicated.

III. Online fill in information in Credential Bid and Declaration Forms.

Additionally, EMD [if applicable] and Solvency Certificate of Rs.50 Lacs have to be submitted in

physical form.

4. Directions for submitting online offers, electronically, against e-procurement tenders directly

through internet:

(i) Tenderers are advised to log on to the website (https://bpcl.eproc.in) and arrange to register themselves at the earliest.

(ii) The system time (IST) that will be displayed on e-Procurement web page shall be the time

considered for determining the expiry of due date and time of the tender and no other time shall be taken into cognizance.

(iii) Tenderers 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 tenderer 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.

(iv) Once the entire process of submission of online bid is complete, the tenderers 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.

(v) 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.

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

(vii) Once the tender documents with all Annexures and credential bids are opened, tenderers

can see the list of tenderers who have participated in the bid by logging on to the portal under their user ID and password and clicking on “Other Bids” view.

5. No responsibility will be taken by BPCL for any delay due to connectivity and availability of

website.

6. In case of any clarification pertaining to e-procurement process, the vendor may contact M/s.C1

India on the contact nos. as mentioned above or M/s. BPCL on contact nos. 24176423/24176209. They can also log in the issues through the email [email protected] with a copy to [email protected]

Annexure VI

23

INTEGRITY PACT

Between Bharat Petroleum Corporation Limited (BPCL) hereinafter referred to as "The Principal",

And ………………………..hereinafter referred to as "The

Bidder/Contractor/Supplier"

Preamble The Principal intends to award, under laid down organization procedures, contract/s for ………………..The Principal values full compliance with all relevant laws and regulations, and the principles of economic use of resources, and of fairness and transparency in its relations with its Bidder/s, Contractor/s and Supplier/s. In order to achieve these goals, the Principal cooperates with the renowned international Non-Governmental Organisation "Transparency international" (TI). Following TI's national and international experience, the Principal will appoint an Independent External Monitor who will monitor the tender process and the execution of the contract for compliance with the principles mentioned above.

Section 1 - Commitments of the Principal (1)The Principal commits itself to take all measures necessary to prevent

Corruption and to observe the following principles: (a) No employee of the Principal, personally or through family members,

will in connection with the tender, or the execution of the contract, demand, take a promise for or accept, for himself/herselfor 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,

24

or if there be a substantive suspicion in this regard, the Principal will inform its Vigilance Office and in addition can initiate disciplinary actions.

Section 2 - Commitments of the Bidder / Contractor/Supplier (1) The Bidder / Contractor/Supplier commits itself to take all measures

necessary to prevent corruption. He commits himself to observe the following principles during his participation in the tender process and during the contract execution.

(a) The Bidder / Contractor/Supplier will not, directly or through any other

person or firm, offer, promise or give to any of the Principal's employees involved in the tender process or the execution of the contract or to any third person, any material or immaterial benefit which he/she is not legally entitled to, in order to obtain in exchange, any advantage of any kind whatsoever during the tender process or during the execution of the contract.

(b) The Bidder / Contractor/Supplier will not enter with other Bidders into any undisclosed agreement or understanding, whether formal or informal. This applies in particular to prices, specifications, certifications, subsidiary contracts, submission or non-submission of bids or any other actions to restrict competitiveness or to introduce 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,

25

for such reason. (1) If the Bidder/Contractor/Supplier has committed a transgression through a

violation of Section 2 such as to put his reliability or credibility into question, the Principal is also entitled to exclude the Bidder / Contractor/Supplier from future contract award processes. The imposition and duration of the exclusion will be determined by the severity of the transgression. The severity will be determined by the circumstances of the case, in particular the number of transgressions, the position of the transgressors within the company hierarchy of the Bidder and the amount of the damage. The exclusion will be imposed for a minimum of 6 months and maximum of 3 years.

(2) A transgression is considered to have occurred if the Principal after due

consideration of the available evidences, concludes that no reasonable doubt is possible.

(3) The Bidder accepts and undertakes to respect and uphold the Principal's

absolute right to resort to and impose such exclusion and further accepts and undertakes not to challenge or question such exclusion on any ground, including the lack of any hearing before the decision to resort to such exclusion is taken. This undertaking is given freely and after obtaining independent legal advice.

(4) If the Bidder / Contractor/Supplier can prove that he has restored / recouped

the damage caused by him and has installed a suitable corruption prevention system, the Principal may revoke the exclusion prematurely.

Section 4 - Compensation for Damages

(1) 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.

(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.

26

(3) The Bidder agrees and undertakes to pay the said amounts without protest

or demur subject only to condition that if the Bidder / Contractor/Supplier can prove and establish that the exclusion of the Bidder from the tender process or the termination of the contract after the contract award has caused no damage or less damage than the amount of the liquidated damages, the Bidder / Contractor/Supplier shall compensate the Principal only to the extent of the damage in the amount proved.

Section 5 - Previous Transgression (1) The Bidder declares that no previous transgression occurred in the last 3

years with any other Company in any country conforming to the TI approach or with any other Public Sector Enterprise in India that could justify his exclusion from the tender process.

(2) If the Bidder makes incorrect statement on this subject, he can be disqualified from the tender process or the contract, if already awarded, can be terminated for such reason. Section 6 - Equal treatment of all Bidders / Contractors /Suppliers/

Subcontractors (1) The Bidder/Contractor/Supplier undertakes to demand from all

subcontractors a commitment in conformity with this Integrity Pact, and to submit it to the Principal before contract signing.

(2) The Principal will enter into agreements with identical conditions as this one with all Bidders, Contractors/Suppliers and Subcontractors.

(3) The Principal will disqualify from the tender process all Bidders who do not sign this Pact or violate its provisions.

Section 7 – Punitive Action against violating Bidders / Contractors / Suppliers/Subcontractors

If the Principal obtains knowledge of conduct of a Bidder, Contractor, Supplier or Subcontractor, or of an employee or a representative or an associate of a Bidder, Contractor, Supplier or Subcontractor which constitutes corruption, or if the Principal has substantive suspicion in this regard, the Principal will inform the Vigilance Office.

Section 8 - Independent External Monitors (1) The Principal has appointed competent and credible Independent External

Monitors for this Pact. The task of the Monitor is to review independently and objectively, whether and to what extent the parties comply with the obligations under this agreement.

(2) The Monitor is not subject to instructions by the representatives of the parties and performs his functions neutrally and independently. He reports

27

to the Chairperson of the Board of the Principal.

(3) The Bidder/Contractor/Supplier accepts that the Monitor has the right to access without restriction to all Project documentation of the Principal including that provided by the Bidder/Contractor/Supplier. The Bidder/Contractor/Supplier will also grant the Monitor, upon his request and demonstration of a valid interest, unrestricted and unconditional access to this project documentation. The same is applicable to Subcontractors. The Monitor is under contractual obligation to treat the information and documents of the Bidder/Contractor/Supplier/ Subcontractor with confidentially.

(4) The Principal will provide to the Monitor sufficient information about all meetings among the parties related to the Project provided such meetings could have an impact on the contractual relations between the Principal and the Bidder/Contractor/Supplier. The parties offer to the Monitor the option to participate in such meetings.

(5) As soon as the Monitor notices, or believes to notice, a violation of this agreement, he will so inform the Management of the Principal and request the Management to discontinue or heal the violation, or to take other relevant action. The Monitor can in this regard submit non-binding recommendation. Beyond this, the Monitor has no right to demand from the parties that they act in a specific manner, refrain from action or tolerate action. However, the Independent External Monitor shall give an opportunity to the Bidder/Contractor/Supplier to present its case before making its recommendations to the Principal.

(6) The Monitor will submit a written report to the Chairperson of the Board of

the Principal within 8 to 10 weeks from the date of reference or intimation to him by the 'Principal' and, should the occasion arise, submit proposals for correcting problematic situations.

(7) If the Monitor has reported to the Chairperson of the Board a substantiated suspicion of an offence under relevant Anti-Corruption Laws of India, and the Chairperson has not, within reasonable time, taken visible action to proceed against such offence or reported it to the Vigilance Office, the Monitor may also transmit this information directly to the Central Vigilance Commissioner, Government of India.

(8) The word 'Monitor' would include both singular and plural.

Section 9 - Pact Duration This Pact begins when both parties have legally signed it. It expires for the Contractor/Supplier 12 months after the last payment under the respective contract, and for all other Bidders 6 months after the contract has been awarded.

28

If any claim is made / lodged during this time, the same shall be binding and continue to be valid despite the lapse of this pact as specified above, unless it is discharged / determined by Chairperson of the Principal.

Section 10 - Other provisions

(1) This agreement is subject to Indian Law. Place of performance and jurisdiction is the Registered Office of the Principal, i.e. Mumbai. The Arbitration clause provided in the main tender document / contract shall not be applicable for any issue / dispute arising under Integrity Pact.

(2) Changes and supplements as well as termination notices need to be made

in writing. Side agreements have not been made.

(3) If the Bidder/Contractor/Supplier is a partnership or a consortium, this agreement must be signed by all partners or consortium members.

(4) Should one or several provisions of this agreement turn out to be invalid,

the remainder of this agreement remains valid. In this case, the parties will strive to come to an agreement to their original intentions.

----------------------- -------------------------------- For the Principal For the Bidder/Contractor/ Supplier Place ……………… Witness 1 : ……………… (Signature/Name/Address) Date ………………. Witness 2: ……………… (Signature/Name/Address)

29

CORRIGENDUM

Tender No. : CRFQ -1000126955

1) Cover Note: Clause No.8 – “Solvency certificate of Rs.50 Lacs is required to be submitted in physical form at our office” stands deleted.

2) Annexure I – Pre-qualification Parameters is amended as follows.

Vendor has to satisfy the following pre-qualification parameters to be eligible for technical and commercial evaluation.

i) Financial parameters: Vendor has to submit audited balance sheet and profit

and loss account for last three financial years of the firm. Vendors should have following turnover in any of the last three financial years.

• For supply to Wadilube plant, Mumbai – Rs.4.70 Crores

• For supply to Nandan Petro ,Taloja,Raigad – Rs.1.2 Crores

• For supply to Budge Budge plant ,Kolkata – Rs.1.4 Crores

• For supply to Loni plant ,Ghaziabad – Rs.1.1 Crores

• For supply to Tondiarpet Plant, Chennai – Rs.2.1 Crores

• For supply to Ernakulam plant , Ernakulum- Rs.0.15 Crores

If the same unit of the company is willing to supply to more than one unit (plant), the total turnover should be summation of above. e.g., if a vendor wishes to quote for supplying to Tondiarpet and Ernakulam from the single unit, his turnover should be Rs.2.1 Crores + Rs.0.15 Crores = Rs.2.25 Crores

ii) Capacity : Vendors should have supplied the following MT of MS Barrels per

annum in any of the last three financial years.

• For supply to Wadilube plant, Mumbai – 550 MT

• For supply to Nandan Petro ,Taloja,Raigad – 140 MT

• For supply to Budge Budge plant ,Kolkata – 170 MT

• For supply to Loni plant ,Ghaziabad – 110 MT

• For supply to Tondiarpet Plant, Chennai – 240 MT

• For supply to Ernakulam plant , Ernakulum- 15 MT If the same unit of the company is willing to supply to more than one unit (plant), the total supplies should be summation of above. e.g., if a vendor wishes to quote for supplying to Tondiarpet and Ernakulam from the single unit, his supplies should be 240 MT+15 MT = 255 MT

30

iii) The Vendor should have valid BIS license for manufacturing MS Barrels .For

considering any party for defence Barrels, they should have approval for manufacturing of defence apart from meeting other criteria as specified. Vendor should submit the BIS Certification and Defence approval along with the technical bid of the tender. In case Defence has stopped issuing approval, such approval is not required. Vendor also should print BIS Mark on the Barrels.

iv) The vendor should have following machinery required for fabrication :

• De-coiling and sheet cutting facility in the plant apart from barrel manufacturing facility.

• Hydraulic Press (Top and Bottom).

• Automatic welding machine.

• Seaming machine.

• Degreasing/rinsing/drying facility and oven for baking /stoving enamel paints.

• Automatic Painting machine, with spray painting arrangement.

• Leak testing machine.

• Hydraulic Test Pump with guage

v) Vendors should have supplied MS Barrels to any unit for filling of liquids.

Pre-qualification parameters ii, iii, iv and v are to be verified and certified by our third party agencies. Our Third Party Agencies are SGS / GLISPL / IRS / DNV / LRIS / EIL / TATA Projects / PDIL / ULIPL / RITES LTD / ITSIPL. Vendors have to upload scanned copy of certified document along with the technical and commercial bid. 3) Annexure II – General Terms and Conditions

a) All the clauses and points pertaining to Solvency Certificate Stands deleted. b) Clause VI, part ii, point k “Bankers Certificate indicating Credit worthiness (in

value) of the firm” stands deleted.

4) Annexure V - E-Procurement Process

a) Clause 2, part ii, point k “Bankers Certificate indicating Credit worthiness (in

value) of the firm” stands deleted. b) All the clauses and points pertaining to Solvency Certificate Stands deleted.

5) Due Date Extension: Due date stands extended to 21.10.2010, 3 pm.

bharat petroleum corporation limited...nandan petro, taloja budge budge, kolkata loni, ghaziabad...

Documents