bharat petroleum corporation limited · programmable logic controller (pc-plc) based control system...
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BHARAT PETROLEUM CORPORATION LIMITED MUMBAI REFINERY, MAHUL
MUMBAI – 400 074, INDIA
Central Procurement Organisation (Refineries)
SUBJECT: TENDER FOR SUPPLY OF MULTI REACTOR CATALYST EVALUATION PILOT
PLANT IN BPCL CORPORATE R & D CENTRE, GREATER NOIDA.
REF. : CRFQ No. 1000297837, e-Tender No. 34304
PRE-BID MEETING ON :
30.01.2018, 10:00 Hrs. (IST) at BPCL, MUMBAI REFINERY
TENDER DUE ON
12.02.2018, 13:00 Hrs. (IST)
Page 2 of 3
1.0 INTRODUCTION :
Bharat Petroleum Corporation Limited (BPCL) – Central Procurement Organization (Refineries),
invites quotations for Supply of Tender for Supply of Multi Reactor Catalyst Evaluation Pilot
Plant for BPCL Corporate R & D Centre, Greater Noida through e- tendering platform under two-
bid system (i.e. Part 1 – BQC cum Techno-commercial/ Un priced Bid & Part 2 - Priced Bid).
Tender can be downloaded from any of following webs ites:
• 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
For participation in the tender, please fill up the tender online on the e-tender system available
on https://bpcleproc.in.
2.0 INDEX :
The complete set of tender documents consist of the following:
Part No. Annexure
No.
Description Documents to be
submitted with signed
and stamped on all pages
Part-1
1 BID QUALIFICATION CRITERIA Scan copy of Full
Document
2 UN-PRICED BID
(To be selected ” QUOTED” OR “NON-QUOTED” in e-procurement portal)
To be selected in e-
procurement portal
3 APPLICABLE FREIGHT AND GST RATES (FOREIGN / INDIGENOUS) Scan copy of Full
Document
4 LIST OF ITEMS WITH DESCRIPTIONS / SPECIFICATIONS
Scan copy of 1ST Page if
accepted / Only sheet
where Deviation if any
5 SPECIAL PURCHASE CONDITIONS (SPC) Scan copy of Last Page
6 GENERAL PURCHASE CONDITIONS (GPC) Scan copy of Full
Document
7 COMMERCIAL QUESTIONNAIRE (FOREIGN / INDIGENOUS) Scan copy of Full
Document
8 TECHNICAL DEVIATION FORM Scan copy of Full
Document
9 COMMERCIAL DEVIATION FORM Scan copy of Full
Document
10 PROFORMA FOR DECLARATION REGARDING HOLIDAY LISTING Scan copy of Full
Document
11 INTEGRITY PACT AGREEMENT Scan copy of Full
Document
12 BUSINESS RULES DOCUMENT FOR REVERSE AUCTION Scan copy of Last Page
13 PURCHASE PREFERENCE POLICY LINKED WITH LOCAL CONTENT (PP-LC) Scan copy of 1st page
14 ADDRESSES OF TPI AGENCY M/s PDIL Scan copy of Full
Document
Bidder to note that the above Annexures duly filled in/duly signed and stamped along with supporting d ocuments
shall be uploaded in Part-1 (BQC cum Techno-commercial / Unpriced bid) section. No prices shall be ind icated in any
of the above documents. Annexure-2 shall be filled in e-procurement portal.
Part-2
15 PRICED BID To be filled in
e-procurement portal
Bidder to note that the prices shall be filled only in the e-procurement portal in Part-2 (Price Bid) section.
Page 3 of 3
3.0 PRE-BID MEETING :
Pre-Bid meeting will be held in BPCL, Corporate R & D Centre, Greater Noida
office on 30.01.2018, 10:00 HRS IST.
Bidders are requested to submit their pre-bid queries by 28.01.2018.
4.0 CONTACT PERSONS
4.1 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:-
4.2 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 be ing faced to:
E-Procurement Technologies Limited (Procure Tiger)
Bidders Help Desk No. : +91-079 - 40270573 Email: [email protected]
Ajay Nandangi
E-Mail: [email protected]
Contact: +91-08433615195
4.3 FOR OTHER CLARIFICATIONS:
For any commercial clarifications regarding this RFQ, please contact:
H.P. Panchal, Procurement Manager-CPO(R), BPCL – Mumbai Refinery, Mahul,
Mumbai-400074, India.
Tel no. 022-2553 3117,
e-mail: [email protected]
R.S. Krishna Sankar, Procurement Leader-CPO(R), BPCL – Mumbai Refinery,
Mahul, Mumbai-400074, India.
Tel no.: 022-2553 3202,
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.
Page 1 of 6
Annexure-1
BID-QUALIFICATION CRITERIA
SUBJECT: SUPPLY OF MULTI REACTOR CATALYST EVALUATION PILOT PLANT IN BPCL
CORPORATE R & D CENTRE, GREATER NOIDA.
REF. : CRFQ No. 1000297837, e-Tender No. 34304
Vendor Name : M/s. __________________________________ Location : ________________ Vendor Offer Ref. No.: _________________________________ Offer Date : ______________ Contact Person Name : ________________________ Mobile No. _______________________ E-mail ID : ___________________________________ Land line No. : ____________________
BIDDERS SHALL ESSENTAILLY HAVE TO COMPLY WITH THE FOLLOWING CRITERIA FOR BEING
ELIGIBLE FOR PARTICIPATING IN THIS TENDER.
SNO DETAILS VENDOR'S ACTION RESPONSE
1 TECHNICAL CRITERIA
1.1
The bidder should have experience in the
engineering design, supply, erection and
commissioning of at least three Multi Reactor
Catalyst Evaluation units with minimum six
reactors for hydro-processing application in
the immediately preceding five financial years
from the date of submission of the offer. The
supplied Pilot Plant should be in running
condition with operating temperature in the
range of 330 – 450 Deg. C and pressure in the
range of 150 - 200 bar.
• Bidder to submit Purchase order
copies along with job completion
certificates and executed order
for the qualifying works.
• Bidder is required to submit
Catalogue / Brochures and ISO
Certificate / TPIA certificate
documentary proof indicating
their design, engineering,
manufacturing and supply.
• Company profile indicating
organization structure of bidding
entity.
TO CONFIRM AND
SUBMIT RELEVANT
DOCUMENTS
1.2
The Pilot Plant supplied by the bidder should
be controlled using a Personal Computer
Programmable Logic Controller (PC-PLC)
based control system with automatic gas and
liquid sampling system. The plant operation,
control, data acquisition & storage, safety
management (Interlock and trip execution) of
the unit as well as report generation should be
performed by the designed control system.
• The bidder shall submit
Completion & Performance
Certificate from End user stating
the technical criteria as
mentioned in 1.2.
TO CONFIRM AND
SUBMIT RELEVANT
DOCUMENTS.
Page 2 of 6
1.3
The supplied Pilot Plant should have proven
track record and satisfactory performance
from at least two customers for the quoted
Pilot plant.
• Bidder is required to submit
Completion & Performance
Certificate from End user at least
two customers for the quoted
Pilot plant by giving detailed
reference of the end users. The
current contract details and
email address of the end users is
mandatory
TO CONFIRM AND
SUBMIT RELEVANT
DOCUMENTS.
2 FINANCIAL CRITERIA
2.1 Average annual turnover of the bidder during
the last three financial years Should not be less than Rs. 255
lakhs.
TO CONFIRM AND
SUBMIT RELEVANT
DOCUMENTS
2.2 Bidder’s net worth in the last financial year. Should be positive
TO CONFIRM AND
SUBMIT RELEVANT
DOCUMENTS
Requirement regarding BQC/techno-commercial documents (For Indian Bidders) :
Copies of BQC/techno-commercial documents to be submitted for this tender should be duly verified with
originals & attested by any one of the following independent third party inspection agency (TPIA) duly
approved by BPCL :
SGS /GLISPL / IRS / DNV / LRIS / EIL /TATA Projects / PDIL / UIPL / RITES LTD / ITSIPL
All charges of the third party for verification & attestations shall be borne by the Vendors.
• Vendor has to upload the duly verified & attested documents along with the respective TPIA
verification certificates duly signed & stamped by authorized signatory of TPIA before the due date
of submission of the bids. An undertaking note from the TPIA as per the attached Annexure-A shall
be uploaded as a part of the BQC/Techno-commercial bid as the case may be.
• Vendor has to upload the Undertaking document as per Annexure-B.
BPCL reserves the right not to consider the offer on account of non-compliance regarding submission of
BQC/techno-commercial related documents duly verified by the TPIA and Undertaking document from the
bidder.
Requirement regarding BQC/techno-commercial documents (For Foreign Bidders) :
All documents furnished by the Bidder in support of meeting the BQC shall be signed and stamped by the bid
signatory and shall be:
EITHER
“Duly certified by Statutory Auditor of the bidder or a practicing Chartered Accountant (not being an
employee / Director and not having any interest in the bidder’s company) where audited accounts are not
mandatory as per law (in line with the present system)”
OR
“Bidder shall submit documents duly notarized by an y notary public in the bidder’s country or certified true
copies duly signed, dated and stamped by an officia l authorized for this purpose in Indian Embassy/ Hi gh
Commission in Bidder’s country.”
OR
“Bidder shall submit self-certified documents in or iginal from any one out of CEO or CFO or Company
Secretary of the bidder (Limited company only) along with Self-Certification as per Annexure-C attached in
Bidding Document. This option shall not be applicab le to Proprietorship/ Partnership firms.”
Page 3 of 6
Requirement of above certification shall not be applicable to published audited annual financial state ments
in English, if original booklets are submitted.
In the event of submission of any document/ certificate by the bidder in a language other than English, the
bidder shall get the same translated into English and submit the same after getting the translation duly
authenticated by local Chamber of Commerce of bidder’s country.”
Submission of authentic documents is the prime resp onsibility of the bidder. Wherever BPCL has concern or
apprehensions regarding the authenticity/ correctness of any document, BPCL reserve the right to get the
documents cross-verified from the document issuing authority.
BPCL reserves the right not to consider the offer on account of non-compliance regarding submission of
BQC/techno-commercial related documents as mentioned above from the bidder.
Note to Bidders:
- If the Bidder is a business partner / Authorized dealer / distributor / Indian agent/representative of the
OEM, then the bidder should submit a declaration fr om OEM that the OEM will be support the bidder
technically and successful commissioning of the equ ipment shall be single point responsibility of the
OEM.
- All the certified documentation against BQC shall b e uploaded by the bidder on BPCL e-tendering website
along with the e-bid. Bidder should ensure submissi on of complete information/documentation in the
first instance itself, in support of their fulfilli ng the qualification/eligibility criteria. BPCL reserve the right
to complete the evaluation based on the details furnished without seeking any additional information.
Subsequent to the submission of bid, bidders are no t allowed to change the price or substance of the bid.
All charges of the third party for verification & attestations shall be borne by the Vendors.
- Bidder shall submit all relevant documents of their proven track records and satisfactory performance by
giving detailed reference (email address/ contact details) of end user(s). Owner shall have the right to
obtain feedback directly from any or all end user(s) about performance of the bidder.
- Exchange rate for foreign currency conversion to Indian Rupees shall be considered as per the TT selling
rate published by the State Bank of India on the previous working day of opening of the bid-qualificat ion
bid for BQ criteria evaluation.
- The Bidder shall not be on the Holiday List of BPCL / MOP&NG/any other Oil PSEs and shall submit the
declaration for the same.
- Exchange rate for foreign currency conversion to Indian rupees shall be considered as per the TT selling
rate published by The State Bank of India on the previous working day of opening of the Bid-Qualificat ion
bid for BQ criteria evaluation.
- Audited Profit & Loss Account, Balance Sheets/Statement of Assets & Liabilities etc. for the immediately
preceding three financial years. Further, for bidders who have not finalized their books of account fo r the
financial year 2016-17, evaluation of these criteria would be done for the latest three financial years
ending 2015-16 for which books of account have been finalized and audited.
Signature : ___________________________
Name : ______________________________
Official Seal :
Page 4 of 6
Annexure-A
Format for Undertaking from TPIA (on TPIA letter head duly stamped & signed)
Ref.: _____ Date : _______
The Procurement Manager,
CPO-Refineries,
Mumbai Refinery,
Mahul, Chembur,
Mumbai – 400074
Dear Sir,
Subject : Verification of Bidder’s Qualification Cr iteria (BQC) related documents of the Tender
Ref : CRFQ No. 1000_________ , E-tender System ID : __________
Tender for “________________________________________”
M/s. _____________________________ with its Registered office at ______________________________
_____________________________________________________ intend to participate in the tender for
“______________________________________________________” for Bharat Petroleum Corporation
Limited, with registered office in Bharat Bhavan, 4 & 6 Currimbhoy Road, Ballard Estate, Mumbai, India.
The tender conditions provide that the BIDDER shall submit BQC documents duly verified by independent
Third Party Inspection Agency.
In this regard, this is to certify that copies of all the BQC/techno-commercial related documents submitted
to us for verification have been verified by us with the originals and found to be genuine. We have signed
and stamped on the copies of all the verified documents.
_____________________________
(Signature of a person duly authorized to
Sign on behalf of the TPIA)
(Seal of the Company)
Page 5 of 6
Annexure-B
Format for Undertaking from Bidder
(on Bidders letter head duly stamped & signed)
Ref.: _____ Date : _______
Subject : Verification of Bidder’s Qualification Cr iteria (BQC) related documents of the Tender
Ref : CRFQ No. 1000_________ , E-tender System ID : __________
Tender for “________________________________________”
All the BQC/techno-commercial documents and credentials have been verified with the originals by
TPIA.
It is certified that none of the documents are false/forged or fabricated. All the documents submitted
have been made having full knowledge of (i) the provisions of the Indian laws in respect of offences
including but not limited to those pertaining to cr iminal breach of trust, cheating and fraud and (ii)
provisions of bidding conditions which entitle the BPCL to initiate action in the event of such declaration
turning out to be a misrepresentation or false representation.
I further certify that any additional documents, if any, required to be submitted by our company, shall
be submitted under my knowledge and those documents shall also be true, authentic, genuine, exact
copy of its original and shall not be false/forged or fabricated.
BPCL reserves the right not to consider our offer on account of non-compliance regarding submission of
BQC/techno-commercial related documents duly verified by the TPIA
_________________
Authorized Signature
(Seal of the Company) / Date
Page 6 of 6
Annexure-C
SELF-CERTIFICATION
(on Bidders letter head duly stamped & signed)
I, _____________________ S/o / D/o of _________________________________, working as CEO/ CFO/
Company Secretary (indicate, as applicable) of the Company ______________________________________
_______________________________ having its registered office at ________________________________
_________________________________________________________ certify that all the details including
documents pertaining to Bidder Qualification Criter ia signed by undersigned vide our offer reference
___________________ against your Enquiry document _____________________, are true, authentic,
genuine and exact copy of its original.
It is certified that none of the documents are false/forged or fabricated. All the documents submitted has
been made having full knowledge of (i) the provisions of the Indian laws in respect of offences includ ing, but
not limited to those pertaining to criminal breach of trust, cheating and fraud and (ii) provisions of bidding
conditions which entitle the BPCL to initiate actio n in the event of such declaration turning out to be a
misrepresentation or false representation.
I further certify that further documents, if any, required to be submitted by our company, shall be submitted
under my knowledge and those documents shall also be true, authentic, genuine, exact copy of its original
and shall not be false/forged or fabricated.
DECLARATION
I, _____________________ S/o / D/o of _________________________________, working as
CEO/CFO/Company Secretary (indicate, as applicable) of the Company ______________________________
_______________________________ having its registered office at ________________________________
_____________________________________________________________ with reference to our bid
_________________________ against your Enquiry document ___________________________,declare that
in case, at a later date, any of the document submitted in our bid referred above is found to be false/forged
or fabricated, I, shall be held responsible for the same and BPCL has every right to take action against me and
my company, as deemed fit as per provisions of the bidding documents including BPCL’s right to put our
company on Holiday/Black list for future business w ith BPCL
.
_________________
Authorized Signature
(Seal of the Company) / Date
Page 1 of 1
Annexure - 2
SUBJECT : SUPPLY OF MULTI REACTOR CATALYST EVALUATION PILOT PLANT IN BPCL
CORPORATE R & D CENTRE, GREATER NOIDA.
REF. : CRFQ No. 1000297837, e-Tender No. 34304
UN-PRICED BID
Sr.
No. Description Unit Qty Currency Total Price
A SUPPLY OF MULTI REACTOR CATALYST EVALUATION PILOT PLANT
1
Design, engineering, manufacturing, fabrication, supply of
materials & bought out items/ components, assembly at
shop, internal testing, calibration, testing & inspection at
manufacturers works (Third party inspection agency as
applicable), Documentation, supply, packing, transportation
& delivery of Multi Reactor Catalyst Evaluation Pilot Plant
for BPCL Corporate R & D Centre, Greater Noida including
the following:
• Six Reactor System
• Process Control system incl. programming and cabling
• Workflow Manager for executing completely automatic
experiments with the unit and report generation
• Factory Acceptance Test with mass balance of 100±2
using real feeds (VGO and Hydrogen) in the presence of
BPCL personnel, two week training along with FAT for
three BPCL personnel excluding travel, flight & lodging
• 2 week onsite startup, commissioning and training
excluding travel, flight & lodging costs.
• 1 week onsite SAT and handover to BPCL with mass
balance of 100±2 using real feeds
SET 1 Quoted /
Non-Quoted
2 High pressure Hydrogen compressor package SET 1 Quoted /
Non-Quoted
3 Hi speed Refinery Gas Analyser (RGA) Piece 1 Quoted /
Non-Quoted
4 SIMDIS for liquid distillation profile Piece 1 Quoted /
Non-Quoted
5 Spares as mentioned in technical specs Piece 1 Quoted /
Non-Quoted
B AMC CHARGES AFTER COMPLETION OF PERFORMANCE GUARANTEE PERIOD.
1 AMC Charges for 1st year LUMPSUM 1 Quoted /
Non-Quoted
2 AMC Charges for 2nd year LUMPSUM 1 Quoted /
Non-Quoted
3 AMC Charges for 3rd year LUMPSUM 1 Quoted /
Non-Quoted
Note: AMC charges shall be inclusive of lodging, boarding, medical, transportation, all insurances (Bidders
personnel and third party), Income tax, corporate tax etc. and all other incidental charges. GST shall be
payable extra.
Annexure - 3
SUBJECT : SUPPLY OF MULTI REACTOR CATALYST EVALUATION PILOT PLANT IN BPCL
CORPORATE R & D CENTRE, GREATER NOIDA.
REF. : CRFQ No. 1000297837, e-Tender No. 34304
FORMAT FOR PROVIDING FREIGHT AND GST FOR LOCAL SUPPLY (INDIAN BIDDERS)
Vendor shall provide % rates against each item in response column. If any of the conditions are not
applicable vendor to specify Nil/NA
S
No
Commercial conditions
description Vendor's Action Vendor's response
A FOR SUPPLY OF ALL ITEMS Incl. SPARES
1 Freight charges for door delivery Vendor to specify
2 SGST for Supply (%) Vendor to specify
3 CGST for Supply (%) Vendor to specify
4 IGST for Supply (%) Vendor to specify
5 Invoicing / Billing Location Vendor to specify
6 HSN Code Vendor to specify
B FOR ANNUAL MAINTENANCE CHARGES
1
GST (%) as a percentage, applicable
on quoted Supervision and overtime
charges
Vendor to specify
2 SAC Code Vendor to specify
Notes :
1. Please indicate GST (in percentage) which will be applicable on Supply and AMC charges.
2. TDS (Tax Deducted at Source) : TDS shall be deducted from the invoice value by BPCL and necessary
certificate shall be issued by BPCL.
3. As per government notification dt.14.11.2017, items pertaining to R&D, concessional GST rate @5%
GST is applicable. Hence necessary certificate to be obtained from BPCL-CRDC at the time of supply.
I hereby confirm that above commercial conditions shall supersede the clauses if any repeated anywhere
in quotation.
VENDOR NAME : ______________________
SIGNATURE WITH SEAL: _______________________
Annexure - 3
SUBJECT : SUPPLY OF MULTI REACTOR CATALYST EVALUATION PILOT PLANT IN BPCL
CORPORATE R & D CENTRE, GREATER NOIDA.
REF. : CRFQ No. 1000297837, e-Tender No. 34304
FORMAT FOR PROVIDING FREIGHT, DUTIES ETC
FOR IMPORT SUPPLY (NON-INDIAN BIDDERS)
Vendor shall provide % rates against each item in response column. If any of the conditions are not
applicable vendor to specify Nil/NA
S
No Commercial conditions description
Vendor's
Action Vendor's response
A FOR SUPPLY OF ALL ITEMS Incl. SPARES
1 Quoted Currency Vendor to specify
2
FOB Charges (% on Ex-Works price) (including
Packing & forwarding, Inland transportation
charges and all other charges up to FOB Port of
exit) (% on Ex-Works price)
Vendor to specify
3 TPI Charges (% on Ex-Works price) Vendor to specify
4 Ocean Freight Charges up to Mumbai/ Nhava
Sheva Sea port (% on Ex-Works price) Vendor to specify
5 HSN code/ Custom Tariff No. Vendor to specify
6 Port handling charges (%) Shall be suitably loaded as per Guidelines
7 Custom clearance charges (%) Shall be suitably loaded as per Guidelines
8 Inland transportation to site including GST (%) Shall be suitably loaded as per Guidelines
9 Any other charges/Taxes/Customs duties / GST
(%) Shall be suitably loaded as per Guidelines
B FOR ANNUAL MAINTENANCE CHARGES
1 GST (%) as a percentage, applicable on quoted
Supervision and overtime charges
Vendor to
specify
2 SAC Code Vendor to
specify
Notes :
1. GST is payable by BPCL directly to the tax authorities.
2. TDS (Tax Deducted at Source) : Withholding tax shal l be deducted from the invoice value by BPCL
and necessary certificate shall be issued by BPCL.
I hereby confirm that above commercial conditions shall supersede the clauses if any repeated anywhere
in quotation.
VENDOR NAME : ______________________
SIGNATURE WITH SEAL: _______________________
Page 1 of 1
Annexure-4
SUBJECT: SUPPLY OF MULTI REACTOR CATALYST EVALUATION PILOT PLANT IN BPCL
CORPORATE R & D CENTRE, GREATER NOIDA.
REF. : CRFQ No. 1000297837, e-Tender No. 34304
• LIST OF ITEMS WITH DETAIL DESCRIPTION OF THE
ITEMS. (REQUEST FOR QUOTATION CRFQ-
1000297837
• SPECIFICATION OF MULTI REACTOR CATALYST
EVALUATION PILOT PLANT
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.
Material/Services required at:
M/s. Corporate R&D Centre
Bharat Petroleum Corporation Ltd.
Plot-2A,Udyog Kendra
Greater Noida Gautam Budh Nagar (UP)- 201306
India______________________________________________________________________________________________________________________________________________ Item Material RFQ Qty Unit Unit Price
Description Delivery date Value
Amount in Words_______________________________________________________________________00010 1 Number
Multi reactor cat.evaluation pilot plant 23.02.2019
SUPPLY OF MULTI REACTOR CATALYST EVALUATION PILOT PLANT that includes
Design, engineering, manufacturing, fabrication, supply of materials & bought
out items/ components, assembly at shop, internal testing, calibration,
testing & inspection at manufacturers works (Third party inspection agency as
applicable), Documentation, supply, packing, transportation & delivery of
Multi Reactor Catalyst Evaluation Pilot Plant for BPCL Corporate R & D Centre,
Greater Noida including the following:
# Six Reactor System
# Process Control system incl. programming and cabling
# Wrkflow Manager for executing completely automatic experiments with the
unit and report generation
# Fctory Acceptance Test with mass balance of 100±2 using real feeds (VGO
and Hydrogen)
# 2 week onsite startup, commissioning and training excluding travel,
flight & lodging costs with 2 engineers.
# 1 week onsite SAT and handover to BPCL with mass balance of 100±2 using
real feeds
_______________________________________________________________________00020 1 Lumpsum
High pressure Hydrogen compressor packag 23.02.2019
b. Gas booster
Gas booster is used to increase the H2 and He/N2 pressure. Single booster
should be able to boost both H2 and He. He is used for pressure testing
purpose only. Booster unit should have the following features
Make: HYDRAULICS INTERNATIONAL, Model: 2G series
To,
M/s. BPCL ESTIMATE
MUMBAI . India - 400038.
Ph : , Fax : .
Vendor Code:300648
Quotation Due Date:12.02.2018
For Bharat Petroleum Corporation Ltd.
REQUEST FOR QUOTATION Collective RFQ Number / Date
1000297837 / 15.01.2018
Contact person/Telephone
Ref CPO Proc GR 2
Fax :
RFQ No / Date : 6001134042 / 11.01.2018
Page 1 of 4
Item Material RFQ Qty Unit Unit Price
Description Delivery date Value
Amount in Words_______________________________________________________________________ü Maximum outlet pressure: 250 bar (with inlet pressure of 20 bar)
ü Noise level < 60 dba
ü Operating speed: 45 cycles/minute (CPM)
ü Adjustable High pressure Limit Switch pre-set to any pre-selected pressure
up to 250 bar to automatically STOP the unit when the outlet pressure exceeds
set point
ü Manual start & stop switch with safety relief valve
ü Inlet & outlet pressure gauges
ü Remote start & stop switch
ü Automatic STOP low pressure limit switch
ü Automatic STOP & RESTART low pressure limit switch
ü Automatic STOP & RESTART high pressure Limit switch
_______________________________________________________________________00030 1 Lumpsum
Hi speed Refinery Gas Analyser (RGA) 23.02.2019
a. On-line GC specs
make: Agilent GC 7890 installation equipped with a total of 4 detectors.
o 2 x TCD (Hydrogen; H2S) and 2 x FID (C1-C4 isomers; C5-C20)
o Configuration to be defined during detailed engineering
The module should have
o Temperature controlled gas sampling and column switching box
o Electrically trace heated lines (up to 200°C)
o All necessary equipment like gas regulators, filters, connectors, computer
with printer and software are in bidder scope
o All required process, automation & data management equipment
Calibration gas cylinder to be supplied along with setup (BPCL shall confirm
composition of gases during design phase)
_______________________________________________________________________00040 1 Lumpsum
SIMDIS for liquid distillation profile 23.02.2019
ü SIMDIS for liquid distillation profile - make: PAC (high temperature
SIMDIS) with Auto-sampler tray of at least 30 samples for unattended
operations. All necessary equipment like gas regulators, filters, connectors,
computer with printer and software are in bidder scope
_______________________________________________________________________00050 1 Lumpsum
Spares as mentioned in technical specs 23.02.2019
a. Spares:
Bidder has to supply the following spares
1. MFCs: 2 (N2), 2 (H2)
RFQ Number :6001134042 Date : 11.01.2018To:M/s. BPCL ESTIMATE MUMBAI - 400038 India
For Bharat Petroleum Corporation Ltd.Page 2 of 4
Item Material RFQ Qty Unit Unit Price
Description Delivery date Value
Amount in Words_______________________________________________________________________2. Ball valves: 10
3. Needle valves: 10
4. Thermocouples: 6
5. Pressure indicators: 12
6. Pressure transmitters: 6
7. Reactor Tubes:Three reactor with MOC SS 347 with connectors, thermocouples
fittings ready for operation.
8. Thermocouples: 16 in numbers, K type thermocouples with fittings.
9. High temperature autoclave valves: 5
10. Wet gas meter: 2
11. Tescom pressure regulators as used in the system. Qty : 02
12. Standard spares of Agilent make RGA, SIMDIS
b. Tool box: two sets (craftmans make)
ü European/US standards, wrenches, allen keys, nuts, ferrules, torque
wrenches and so forth - 2 sets each
ü During trouble shooting visit, if it is found that a particular essential
set of tools are not supplied, it is the responsibility of vendor to provide
the tool and leave the tool with BPCL after completion of the work without any
additional cost
_______________________________________________________________________
RFQ Number :6001134042 Date : 11.01.2018To:M/s. BPCL ESTIMATE MUMBAI - 400038 India
For Bharat Petroleum Corporation Ltd.Page 3 of 4
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,
GST, Charges, Transport, Packing & forwarding,
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.
RFQ Number :6001134042 Date : 11.01.2018To:M/s. BPCL ESTIMATE MUMBAI - 400038 India
For Bharat Petroleum Corporation Ltd.Page 4 of 4
S.No Section/item Description of required specificationsCompliance (Yes /
No)
Deviations /
Remarks
� Total number of reactors should be six; with three parallel lines mounted on skids.
� Each skid/module parallel line should contain two reactors.
� Two reactors in each module parallel line should have the flexibility to operate in series and
parallel/independently.
� There should be facility to collect both liquid and gas pr oduct separately.
� Each reactor should have the provision for up flow and down flow operation.
� There should be provisions for calculating the mass balance for each reactor that includes
measuring liquid feed weight, gas feed flow rate, liquid product weight and gas product flow rate.
� Each parallel skid/module should be equipped independe nt control features.
� Each reactor should be integrated with RGA for online gas analysis and GC, total S/N analyzer,
visco-densitymeter for offline analysis of liquid.
� Data management system for each module/ reactor independently should be integral part of
the complete unit. All analytical instruments should be integrated with data management system.
� There should be provision for mass balance of liquid and gas in SCADA by continuously
monitoring the weight of feed and product vessels.
� Total unit should be heat traced up to 150 Deg C
� Unit should be designed in accordance with international ergonomic standards
Available space for total unit is 94 m3 (Length: 6 m, Width: 5.5 m, Height: 2.85 m)
Unit design should be modular, should fit into available s pace only
a. Catalyst volume: 30 to 50 ml
Temperature: 500 Deg C
Pressure: 200 bar
Gas to oil ratio: 200 to 800 nm3/m3
WHSV: 0.5 to 2 hr-1
Furnace: Eight zone furnace
b. Reactor dimensions*
Length: 1.25 meter
Diameter(ID): 19 mm
Thermowell(OD): <6 mm
Heating Zones: 6
*Fianl dimensions will be freezed during detailed engineering
c. Reactor design instructions
� Total six reactors, three sets of two reactors. MOC of the catalyst should be SS 347. Catalysts to
be tested in the unit are extrudate shape. Catalyst loading capacity of the reactor should be 30-50 ml.
� Design should include provision for mixing of gas and liquid feed before entering the reactor
� At the bottom of the reactor there should be mesh to support glass/quartz wool.
� Designed pressure and temperature for the reactors are 200 bar and 500 Deg C. MOC can be
decided accordingly.
� Thermocouples with multipoint temperature sensor for reactor’s axial temperature profile
measurement.
� Provision for up flow and down flow operation.
� Reactor end fittings should be hand tightened and leak proof at 200 bar pressure.
� Each reactor should be equipped with PSV and rupture disc with design pressure of 225 bar.
� Pressure gauge and transmitter should be provided at reactor upstream and downstream.
� Reactor heating should be isothermal.
� There should be provision for sample collection at each reactor outlet. Wherever required, check
valves to be provided to stop reverse flow of liquid/gas.
� Reactor should have sufficient preheating zone
� Reactor should be designed for easy connections/operations. Reactor diagram and type should be
provided in tehnical bid.
d. Reactor removal /lifting device
� Reactor lifting device should be provided to conveniently remove the reactors from the multi-zone
ovens.
� The lifting device should also have a tilting mechanism to tilt the reactor upside down and make
catalyst removal and filling as easy as possible.
e. Furnace
� For heating of each reactor, there should be six zone split furnace. All furnaces should have metal
block with brass wrap (for accurate temperature measurement) in contact with the reactors for
uniform temperature distribution.
� The reactor skin temperature should be measured at six points.
� Each furnace zone should have temperature safety switch.
� Furnace zone temperature control should be within ± 20C
� Furnace should include all the safety features as per international standard with test certificate
a. Liquid feed: Naphtha, Light Cycle Oil (LCO), Diesel, Kerosene and Vacuum gas oil (VGO)
Density: 0.65 to 0.95 gm/cc at 15 Deg C
b. Gas feed: Hydrogen (reacting medium), Nitrogen (for pressure test and stripping) and Helium for
pressure test
Gas line (H2 is process gas, N2 is stripping purpose and He is for pressure testing only)
� Mass flow controlled dosing of feed gases with pressure reducer
� Manual shutoff valve (make: Swagelok - 250 bar design pressure)
� Manual pressure reducing regulator (make: Tescom)
� Mechanical Pressure gauges for displaying the line pressure (make: Swagelok or WIKA)
Technical specifications for Multi reactor catalyst evaluation pilot plant
Overall unit
specification1
2 Layout and Setup
Reactor section3
S.No Section/item Description of required specificationsCompliance (Yes /
No)
Deviations /
Remarks
� High-pressure relief valve (225 bar relief pressure)
� High pressure ball and needle valve for relieving the line pressure (make: Swagelok)
c. Liquid line
� Feed tank with 12 litre volume with N2 blanketing facility
� Liquid strirring facility to avoid demixing
� Separate tank/vessel for sulphiding and unit cleaning (total 3 vessel, one for each skid) with 3
litre capacity
� Feed line should have filters to remove solid particles with interchangable filter lines
� All the feed tanks should have separate weighing balances
� Should have the facility of automated calculation of the mass flow rate for control and mass
balancing purpose
� Vessel should be wide opening for easy filling and cleaning with level measurement
� Maximum Temperature 150°C, Maximum pressure: 3 Bar
d. Liquid feed pump:
Feed pumps should be designed for pumping the liquid feed from feed tanks to reactors. LEWA FC
micro-metering pumps should be provided with the following specifications
� Leak-proof and odor tight
� Integrated pressure relief valve
� Explosion proof motor
� Dry run safe
� Temperature 120 Deg C
� Metal diaphragm technology with accuracy of ± 1%
a. Gas – liquid separation section
� Gas and liquid should be separated continuously
� Provision should be available for cooling the reaction mixture to 5 Deg C
� Inbuilt online stripping facility should be provided for complete removal of dissolved gases
� Stripping should be carried out at high pressure/reactor pressure
� Provision should be available for automatic sampling of gas and liquid products at regular
intervals
� Liquid samples should have bar code and integrate with mass balance report generation
� Automatic sampling should work without supervision of humans for a minimum of 60 hrs for
both liquid and gas
� Should include caustic scrubber or H2S absorber
b. Gas measurement
� A drum type wet gas meter with 5-100 LPH measuring range with electronic reading module to be
connected to final vent line.
� The vent from LPS/stripper as well as product tank should also be connected to HPS vent before
entering the wet gas meter.
� The meter should indicate total gas flow out of the system.
common for all 6 reactors
1. Caustic Scrubber of at least 150 ml.
2. Shall have Conc / online pH analyser. For analyzing the strength of scrubbing solution.
3. Vent to be provided till the exhaust, chimney / vent line shall be in bidders scope.
4. Gas scrubbing system shall be supplied and installed as a part of set up.
5. MOC shall be as per outdoor rating and compatible to fluids being handled.
6. If Fibre Reinforced Plastics is being used then 2 coats of Vinyl Ester resin to be used and shall be
fire retardant and UV protected.
7. Base frames / structures required shall be with scope of equipment.
8. If mild steel material is being used 2 coats of Red oxide and 2 coats of paint shall be made (BPCL
shall provide color details after / during design approval).
a. Automatic liquid sampling system
Independent for each reactor
1. Online balance for each liquid sample station.
2. Provision for heating the liquid samples to avoid condensation of heavier feed/products.
3. Heating control by software with provisions to set the temperature/heating rate and with +/- 10C
accuracy or better.
4. Offline liquid GC for analyzing the liquid samples to be provided.
5.Automated liquid sampling robot for fractionated sampling of at least 50 individual liquid samples
with at least 5 ml capacity each.
6. Provision should be available in PLC for controlling sampling time and quantity
b. Automatic GC sampling
1. Shall be Common for all reactors
2. There should be provision for taking automated GC samples after the gas-liquid
separator/stripper for making a cold tail gas analysis of the C1-C5, H2, H2S and N2 gaseous outlet
products from each reactor section.
3. It should be closed loop sample system. GC outlet should be connected back to the outlet line of
each reactor before wet gas meter with heat tracing up to 150 Deg C
4. Enclosure for the analytical system to be provided.
5. Provision should be available for manual injection as well
6.There should be provision in PLC for providing sampling time, accordingly automatic valve
assembly for GC injection
7. All the GC data should be integrated with PLC system for mass balance calculation
a. On-line GC specs
c. Effluent Gas Stripping:
Sampling system
Separation section
Feed details4
6
5
S.No Section/item Description of required specificationsCompliance (Yes /
No)
Deviations /
Remarks
make: Agilent GC 7890 installation equipped with a total of 4 detectors.
o 2 x TCD (Hydrogen; H2S) and 2 x FID (C1-C4 isomers; C5-C20)
o Configuration to be defined during detailed engineering
The module should have
o Temperature controlled gas sampling and column switching box
o Electrically trace heated lines (up to 200°C)
o All necessary equipment like gas regulators, filters, connectors, computer with printer and
software are in bidder scope
o All required process, automation & data management equipment
Calibration gas cylinder to be supplied along with setup (BPCL shall confirm composition of gases
during design phase)
b. Off-line analytics
� SIMDIS for liquid distillation profile - make: PAC (high te mperature SIMDIS) with Auto-sampler
tray of at least 30 samples for unattended operations. All necessary equipment like gas regulators,
filters, connectors, computer with printer and software are in bidder scope
� Density and viscosity measurement instrument - make: Anton Paar
� Sulfur and Nitrogen analyser - make : Multitek, model:N-S 115V/230V. with Auto-sampler tray
of at least 30 samples for unattended operations. All necessary equipment like gas regulators,
filters, connectors, computer with printer and software are in bidder scope
� Analyticaal equipments data should be integrated with PLC system for mass balance calculation
� Automatic start of analytical sampling at regular intervals
� Flexible sampling frequency
� Reactor stream selection and flushing time should fully integrated and optimized with the
analytical device sampling mechanism
� Process data should be stored at the moment the analytical device is triggered
� PLC should be equipped with Siemens/AB/Honeywell scada system
� Fully automated experimental control with PLC
� Unit should equip with temperature safety controls for all reactors
� All temperature control loops should be redundant over temperature safety controls operating
� PLC/software should have the control to trigger online GC analyser and take the GC analysis
� Safety Interlocks should be provided in control system
� Communication between PLC and control unit should be through LAN
� Should save the Historical data up to 3 months and the facility to export data into excel sheet
� View and control of all the control parameters including pump, MFC, furnace, pressure, level
� Status notification via email and sms
� Efficient failure diagnosis with historical error database
� The following operating recipes should be provided
o Unit pressure testing
o Unit drying
o Unit cleaning/drain
o Emergency shutdown
o Experimental matrix recipes
o Shifting of system conditions from existing set values to other case based on user defined criteria
like gas analysis – constant H2S concentration, Liquid product density
� Pre-defined user interface that includes all
o Process parameters view and control
o Safety interlocks
o Alarms
o Pre-defined recipes
o And other options for safe and easy operation
� Safety philosophy should be followed in designing PFD and P&ID
� Alarms with interlocks should be provided.
� Design should include mechanical safe guards that include rapture disks, PSVs
� Temperature, pressure and other key process parameters should have alarms with flexible
limits
� The alarms and the actions which they initiate should be fixed in the alarm interlock matrix
� Should carry HAZOP study and provide HAZOP study report to BPCL for approval
� Should carry DIN ISO 13489 risk analysis of the unit and should provide report
� Each parallel line should enclosed in a leak proof acrylic enclosure with a provision for fume
exhaust at the top to maintain the enclosure under negative pressure
� All the gas detectors should be in control unit panel with alarms
� Gas detectors should be linked with safety interlocks in PLC/SCADA and trigger emergency
shutdown program for the particular reactor system based on user defined limits
� Alarm notification via email and sms
� Feed and product line in each reactor section should be equiped with TSS
CE-Conformity
The Unit should be delivered CE conform with required documentation and CE mark. The following
Machinery (MD) Directive : 2006/42/EC
Pressure Equipment (PED) : Directive 97/23/EC
Electromagnetic Compatibility (EMC) : Directive 2004/108/EC
Low Voltage Directive (LVD) : Directive 2006/95/EC
� Automatic collection of process data from control system
� Linking the process data with data from online (and offline through bar code scanning)
� Tracking of catalyst samples by name and external IDData Management
System
Calibration samples to be supplied along with setup (BPCL shall confirm composition during design
phase)
Analytical
equipments
9
GUI
Safety features11
10
Automation
12
Analytical device
integration features8
7
S.No Section/item Description of required specificationsCompliance (Yes /
No)
Deviations /
Remarks
� Automated data processing according to user-adjustable calculation protocols
� Freely configurable reports and data filters for fast and efficient data analysis
� Documentation should be in English, All communications made from tendering to handover
should be in recordable format and provided along with documents
� Four sets of printed user manuals and electronic version in pdf format
� P&ID in pdf format
� Electrical circuit diagram in pdf format
� Rig Configuration (safety and shut-off matrix)
� Bill of material
� Datasheets and user manuals of relevant 3rd party components in English
� Calibration certificates for all instruments
� Trouble shooting protocols for critical equipments
FAT should be carried out at vendor/bidder site after assembling the unit as per BPCL approved
design. FAT should include the following activities should be conducted with real feeds (Vacuum
Gas Oil) and catalyst provided or approved by BPCL
� Line checks
� Visual checks
� Operating the reactors
� Pressure Testing and pressure control
� Full Functionality testing including
o Flowing inert gas flows
o Dosing water
o Heating/cooling
o Feed distribution in between individual reactors
o Axial temperature profiles inside the reactor tube
o Temperature variation in between reactors
� Pressure/leakage rate: pressure drop less than 0.1bar/h
� Reactor temperature control : better than +/- 0.2 °C
� Same temperature profile for each reactor at same operating conditions
� Validation of the control anywhere system and SMS Messaging Module
� Mass balance - accuracy for individual liquid recovery better than 100% +/- 2%
� Mass balance - accuracy for individual gas recovery better than 100% +/- 3%
� One experimental condition within the operating range will be selected for chemical validation
with real feed
� Experiment should be carried out for at least 5 days or until mass balance achieves
� Acceptance criteria for chemical validation is
o Functioning of all the instruments, data management system, automatic data processing and
report generation
o Mass balance of 100% with maximum 2% deviation
� Total three personnel from BPCL will participate in FAT. Travelling and accomodation charges
will be borned by BPCL for perople participating in FAT
Commissioning and SAT should include the following acti vities
� Unpacking
� Assembly on site
� Functional test
2% deviation
� Operators training minimum 7 working days
A bidder has to supply the following equipments and integrate with the Reactor system.
a. Air Compressor:
� Air compressor is required to supply air for operating pneumatic control valves
� Air compressor should be enclosed in sound proof system
� Should have membrane dryer to remove moisture
� Make: eKom
b. Gas booster
Gas booster is used to increase the H2 and He pressure. Single booster should be able to boost both
H2 and He. He is used for pressure testing purpose only. Booster unit should have the following
features
Make: HYDRAULICS INTERNATIONAL, Model: 2G series
� Maximum outlet pressure: 250 bar (with inlet pressure of 20 bar)
� Noise level < 60 dba
� Operating speed: 45 cycles/minute (CPM)
� Adjustable High pressure Limit Switch pre-set to any pre-selected pressure up to 250 bar to
automatically STOP the unit when the outlet pressure exceeds set point
� Manual start & stop switch with safety relief valve
� Inlet & outlet pressure gauges
� Remote start & stop switch
� Automatic STOP low pressure limit switch
� Automatic STOP & RESTART low pressure limit switch
� Automatic STOP & RESTART high pressure Limit switch
c. Toolset for reproducible filling of reactor
d. A device to measure dynamic pressure of the filled reactor and to measure the height of the bed
c. Miscellaneous items: Any special power requirements such as MCBs, connectors should be
provided by vendor
a. Spares:
Bidder has to supply the following spares
1. MFCs: 2 (N2), 2 (H2)
2. Ball valves: 10
3. Needle valves: 10
System
14
Commissioning On-
site and SAT15
Documentation13
Factory Acceptance
Test (FAT)
Auxiliary
equipments16
S.No Section/item Description of required specificationsCompliance (Yes /
No)
Deviations /
Remarks
4. Thermocouples: 6
5. Pressure indicators: 12
6. Pressure transmitters: 6
7. Reactor Tubes:Three reactor with MOC SS 347 with connectors, thermocouples fittings ready for
operation.
8. Thermocouples: 16 in numbers, K type thermocouples with fittings.
9. High temperature autoclave valves: 5
10. Wet gas meter: 2
11. Tescom pressure regulators as used in the system. Qty : 02
12. Standard spares of Agilent make RGA, SIMDIS
b. Tool box: two sets (craftmans make)
� European/US standards, wrenches, allen keys, nuts, ferrules, torque wrenches and so forth - 2
sets each
� During trouble shooting visit, if it is found that a particular essential set of tools are not
supplied, it is the responsibility of vendor to provide the tool and leave the tool with BPCL after
completion of the work without any additional cost
Reputed make (DELL or HP) PC with the following specs
� Intel Core i-7 Processor with 4 USB ports
� 4 GB RAM Memory, 1 TB internal hard disk
� 250 GB Hard Disk Drive;
� 21.5 inch Wide Screen Monitor;
� Cordless QWERTY keyboard
� Cordless optical mouse
� All necessary SCADA or software licenses shall be installed only, USB key license shall not be entertained.
� Windows operating system compatible with PLC and other softwares
� One external hard disk at least 500 GB memory, containing all the backup softwares, operating
manuals, safety data, calibration data/charts of all instruments such as MFCs, pumps, level detectors
� With HP Color LaserJet Pro MFP M476nw printer
a. Warranty
� Vendor must provide warranty for a period of two years
� During warranty period vendor must replace/rectify faulty instruments and also provide
consumable items such as filters, reactor gaskets, check valves, pump consumables etc
� Warranty period starts from the date of SAT completion
� Vendor should agree to provide spares for next 10 years based on BPCL requirement
b. AMC
� Vendor must provide annual maintenance contract for a period of 3 years after the warranty
period
� Vendor should quote for three years with year wise break up
� Unlimited service calls and email correspondence for trouble shooting
� Should attend service calls within 24 hours
� Authorised local/OEM serice provide should attend the call within 72 hrs of call log if it is not
resolved through email or telephone support
� Vendor must provide training at the OEM site during FAT for four BPCL staffs including
troubleshooting, calibration of MFCs, thermocouples and so forth
� Vendor should provide training at BPCL site during comissioning for six BPCL staffs including
troubleshooting, calibration of MFCs, thermocouples and so forth
The following are the specifications for panels which may be used for Equipment housing / Electrical
/ instrumentation / control system purposes.
a. Panel instructions
1. Panels shall be powder coated, thickness details to be provided along with technical bid
2. Number of pre treatment processes for panel shall undergo and details should be provided by
Bidder during technical bid.
3. Control Panels shall have in built exhaust fan of adequate size for dissipating the heat being
released inside the panel by components.
Junction boxes may not have exhaust fans.
4. Panel shall have lifting hooks / lugs designed to hold the load of the loaded panel and should be
duly tested.
5. There should be no duplication in cable feruling codes.
6. Where ever glands are provided they should be of double compression type.
7. Panel shall have space for expanding the setup to additional 2 more reactors. however during
expansion additional MCCB / MCB need not be provided. But space for mounting the same with
necessary glands to be maintained.
8. Any metal sheet being used for mounting the displays etc., shall also be powder coated along
with the panel.
9. Necessary tags for indictors and push buttons to be provided which shall be finalized at the time
of drawing approval / as required by Bidder while executing the contract (who ever be awarded).
10. Light indicating push buttons can be used where in status can also be monitored.
11. Emergency shut down system / program shall be made such that on pressing the emergency
push button system shall take safe shutdown automatically.
12. Panels shall be of atleast IP 55 rated.
13. For panels mounted on the floor. Panel bottom to be raised above floor for facilitating cleaning,
and to avoid water / rodents ingress. The opening occurred due to this may be enclosed and pane
used shall be independently openable.
14. LEDS and push buttons shall be on front openable pane of the panel.
Warranty and AMC
20
Desktop PC
details18
19
Spares17
Training
S.No Section/item Description of required specificationsCompliance (Yes /
No)
Deviations /
Remarks
15. LEDS and push buttons to be properly arranged such that the functionality is grouped. Bidder
need to get these drawings and details to be approved by BPCL during panel drawing approvals.
16. Panel shall be designed for mounting in plant atmosphere where there are chances of
hydrocarbon vapors etc.,
17. Panel shall be at ambient conditions (upto 550C during summer).
18. Cables shall be routed into panels through proper double compression type glands.
19. Push buttons provided on the panel shall be illuminati ng type (on – Green, Off – Red).
20. Field panels openable pane / door can be screw fit / hinge mounted
21. Control panels front and back panel and accessible panels shall be hinge mounted.
22. Any panels openable pane more than 500 gms shall be hinge mounted.
23. Feruling to be done for cable tracing and identification with proper coding approved by BPCL.
24. Feruling code / number shall be unique for each cable. There shall be provision for 10% extra
cabling and space for mounting hardwares.
b. Cable ad wires
1. Only 1 power supply point as per details provided by Bidder during design phase shall be
provided.
2. All power plugs / pins shall be as per Indian applications and Indian standards. If plugs / pins to be
changed they shall be in Bidder scope.
3. Standard renowed cable makes complying to latest IS / EN standards shall be used.
4. Powered / electrical cables shall be armored, FLP rated,
5. Instrumentation cables shall be armoured and FLP rated.
6. For three phase supply, Individual wires inside the cable be of respective RYB colored cables.
7. Earth wire shall be green in color
8. If single phase supply equipments are being used on the skid and input supply is of 3 phase
supply. Uniform distribution of load among each phase (RYB) to be ensured during fabrication by
Bidder.
9. Instrumentation cables shall have sheeth / barrier for avoiding magnetic field interface from
electrical cables.
10. Each wire or strand in the instrument cable shall be either of separate color / continuously
numbered for identification.
11. Terminations of the cables shall be through thimbles / pins only. No direct wiring shall be
accepted.
12. Cable jointing is not acceptable. If unavoidable, cable jointing shall be through proper
connectors only.
13. Extra cable length of minimum 1 mtr to be left for both electrical and instrumentation cables /
wires for future use. (cable length is be between 2 joints / terminations)
14. All cables shall be enclosed and routed through cable trays only. No loose / hanging wires are
entertained unless un avoided at the termination locations.
15. Cable trays of adequate size to be provided considering cable for future expansion.
16. Care to be taken such that wires / cables won’t get cut while opening / closing the panel.
17. MOC of thimbles / pins shall be same of wire / cables to which they will be used / punched.
c. Push buttons
1. Where ever manual push buttons are provided on the panel. They can be light emitting / normal
push buttons.
2. However status indication light is required. This indication can be through lighted push buttons or
through separate LEDs.
3. Emergency push button shall be of mushroom type push / press to activate and lock. To release
need to rotate for a quarter turn.
d. Instruments:
1. All instruments shall be rated as per equipment ratings only.
2. For using undersized rated instruments for functionality purpose. These shall be discussed by
Bidder and get pre approved by BPCL.
3. All instruments shall be of standard makes and Bidder to submit calibration, test and conformity
(standards to with respective instrument comply) certificates.
4. Bidder to suggest the makes during approval, atleast 3 standard makes to be provided else BPCL
shall suggest make as per BPCL standards.
5. All powered instruments shall be of explosion proof.
6. All instrument wire shall have sheath for protecting signal inferences and electrical / magnetic
field inferences.
7. NO, NC contacts shall be Flame proof / non sparking type.
8. Cable entries into panel or instruments hall have proper double compression glanding confirming
to IP class of Panel / instrument which ever is stringent.
9. All terminations shall be through pins / thimbles / lugs only.
10. Cables to be properly dressed using cable trays.
11. Feruling to be done for cable tracing and identification with proper coding approved by BPCL.
12. Feruling code / number can be same for any cable.
13. Field panels openable pane / door can be screw fit / hinge mounted.
14. Control panels front and back panel and accessible panels shall be hinge mounted.
15. Any panels openable pane more than 500 gms shall be hinge mounted.
e. Electrical:
1. All power supply to the field instruments / equipments shall be from equipment panel only.
2. Bidder shall provide separate MCB / MCCBs for power isolation to each reactor and its
General instructions21
S.No Section/item Description of required specificationsCompliance (Yes /
No)
Deviations /
Remarks
3. Cable entries into panel or instruments hall have proper double compression glanding confirming
to IP class of Panel / instrument which ever is stringent.
4. All terminations shall be through pins / thimbles / lugs only.
5. Cables to be properly dressed using cable trays.
6. Feruling to be done for cable tracing and identification with proper coding approved by BPCL.
7. Feruling code / number can be same for more any cable.
f. Third party or brought out items:
1. BPCL may perform inspection to the brought out items at Bidder site or at Bidder suppliers site
through Bidder.
2. BPCL reserves right to choose any of the Bidder suggested make.
3. Bidder to ensure that the supplier is not a backlisted company.
1. Pre installation requirements should be provided with in 15 days after finalizing P&ID.
2. Power, utilities, space requirements should be provided with in 15 days after finalizing P&ID.
3. Size of the crates that would be arriving should be provided 30 days prior to FAT.
b. Installation & Commissioning:
1. Installation, pre commissioning, commissioning, and start up are in the scope of Bidder
2. Location is at BPCL CRDC, Greater Noida or at BPCL specified location in any part of India
3. Handover shall be accepted only when results obtained during trail runs after start up are inline
with the tender specifications / as per BPCL approved deviations.
c. Safety During Erection and Commissioning:
1. During erection and commissioning Bidder shall follow best safety industry practices / BPCL
practices which ever is stringent.
2. When Bidder is at BPCL site work permit and procedure system of BPCL shall be followed.
3. Bidder team shall abide to the safety guidelines of BPCL inside BPCL premises.
4. BPCL reserves right to stop entry of Bidder personnel if any safety violations are found. Under
such cases Bidder need to deploy another personnel for completing the work. And cost incurred
during replacements shall be in the scope of Bidder.
5. All tools and tackles used by Bidder during erection and commissioning shall be as per best
industrial practices / BPCL Safety practices which ever is stringent.
6. All tools being used should be certified for the intended application.
7. If any non confirming tool is found, BPCL reserves right to ask the Bidder for replacement of the
tool any delay due to non availability / due to tool replacement / repair of tool shall be in Bidder
scope.
d. Site Acceptance Test (SAT) :
1. The commissioning should be as fast as possible with successful trail run at BPCL CRDC, Greater
Noida
2. The reactor system should be tested for its full capability and for unattended operations including
3. All expenses for Bidder personnel shall be in Bidder scope.
4. BPCL shall provide breakfast, Lunch and snack during normal working days (Bidder need to
manage on holidays / during extra working hours).
e. Training:
1. To be provided at the OEM site during FAT for at least 1 week for 3 BPCL officers for
troubleshooting, calibration of MFCs, MFMs, Thermocouples, heaters, valves and so forth.
2. At CRDC, Greater Noida during commissioning / start up Bidder shall provide Training for at least
5 BPCL officers.
f. Handover:
The system is said to be handed over to BPCL when all the following conditions are satisfied.
1. Equipment / package is fully supplied, erected, calibrated (if applicable), commissioned, tested at
BPCL site and no work / supply item is pending from Bidder site for fulfilling the functionality of the
package / setup as per documented requirements (Tender / Minutes of Meetings (MOM)).
2. All necessary documents, TCs, manuals should be provided before seeking for handover.
3. Handover acceptance document shall comprise of checklist accepting each and every item was
g. Test Certificates (TCs):
1. Test certificates are required for all components
2. Calibration certificates for all supplied instruments should be provided by Bidder.
3. First calibration after supply shall not be within 2 months of successful commissioning /
handover.
4. First calibration after commissioning and handover shall be in Bidders scope and to be included in
this tender
5. All test Certificates to be produced by Bidder during FAT.
h. Communication:
1. Communications (tendering to handover)
2. When ever there is an inspection at Bidder site / at third party site. Details should be documented
as Minutes of Meeting with all necessary details including date and time.
i. Approvals
1. All necessary govt approvals and conformity approvals required for supply and successful running
of the setup shall be in Bidders scope.
j. Site details
1. This equipment shall be installed at BPCL R&D centre greater Noida.
2. All the equipment’s and accessories shall be rated for the prevailing climatic conditions of greater
Noida.
Abiment temp : 30C (winter / 50
0C (summer)
Realtive humidity : 30-90%
Post Dispatch / At
Site22
a. Pre-installation Requirements:
S.No item no Instrument / item Make Compliance (Yes / No)Deviations /
Remarks
1 Feed pumps LEWA
2 Liquid flow meters
Coriolis Endress Hausser,
Emerson
3 Mass flow controllers for gas Brooks or Bronkhorts
4 Reactor MOC SS316
5 Tubing and fittings
Swagelok imperial compression
fittings with 316L stainless MOC
6 Weighing scales Sartorius
7 Hand valves, piping, thread and accessories Swagelok
8 Back pressure regulator Equilibar 2-phase
9 Pressure reducing valves Tescom or emerson
10 Thermocouple watlow
11 Temperature safety switch Honeywell or JUMO
12 Temperature controllers Honeywell or JUMO
13 Differential Pressure and Absolute pressure transmitter Rosemount or Emerson
14 Control valves Kammer or Badger
15 Level transmitter Dynatrol or Emerson
16 Air compressor EKOM or BAUER
17 Feed and product tanks SS 314
18 Furnace ATS, USA
19 Wet Gas Meter (FQI) Ritter
20 Heating Tape (HTR) HTS or AMPTEK
21 Gas detectors crowcon
22 Process Chiller (CH) Julabo
Based on PFD, if the bidders using any of the instrument the make should be as per the given table
23
SPECIAL PURCHASE CONDITIONS Page 1 of 21
Annexure-5
BHARAT PETROLEUM CORPORATION LIMITED
Central Procurement Organisation (Refineries)
SPECIAL PURCHASE CONDITIONS
SUBJECT: SUPPLY OF MULTI REACTOR CATALYST EVALUATION PILOT PLANT IN BPCL
CORPORATE R & D CENTRE, GREATER NOIDA.
REF. : CRFQ No. 1000297837, e-Tender No. 34304
1.0 INTRODUCTION
1.1 e-Bids in 2 (two) parts are invited for the tender for “Supply of Multi Reactor Catalyst
Evaluation Pilot Plant for BPCL Corporate R & D Centre, Greater Noida” in complete
accordance with tender documents and its attachments.
1.2 This is a Two Part Bid Tender, viz. Part-1 i.e. Bid Qualification Criteria (BQC) cum Techno-
commercial un-price bid and Part-2 i.e. Priced-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
and 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 ‘Priced bid’. However, it may be noted that in
case BPCL opts for ’RA’, the ‘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.
2.0 SPECIAL TERMS AND CONDITIONS
2.1 Bidder should be OEM (Original Equipment Manufacturer) of Multi Reactor Catalyst
Evaluation Pilot Plant manufacturer (OEM). Joint venture & consortium shall not be accepted
for this tender.
In case the bidder is an Indian arm (Subsidiary or Branch Office) of a foreign bidder &
themselves don’t have the required qualification then the foreign bidder shall have to fulfill
the eligibility criteria as per BQC. In such cases the contract shall be entered into with the
Indian arm, and a proper back to back continuing guarantee shall be provided by the
Principal/Holding Company.
SPECIAL PURCHASE CONDITIONS Page 2 of 21
2.2 Material found defective due to poor workmanship / not meeting the specification will be
rejected and shall be replaced free of cost.
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
Fittings should be properly protected 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 capital ized shall be interchangeable and shall have
the meaning as assigned to fully capitalized term or initial capitalized term.
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) Inspection by Purchaser’s approved Third Party Inspection (TPI) Agency and obtaining
Inspection Release Note; (d) obtaining despatch clearance; (e) Packing; and (f) Loading on
truck/ trailer for Indian Bidder / loading on ship at FOB port of exit including storing as
applicable for foreign bidder and transportation up to site as applicable for Indian Bidder.
5.0 OFFER VALIDITY
5.1 Your offer should be valid for a period of 120 days from the final extended due date.
SPECIAL PURCHASE CONDITIONS Page 3 of 21
6.0 APPLICABLE CHARGES, TAXES & DUTIES
6.1 Indian Bidders : You are requested to quote base rate including Packing and Forwarding
Charges, freight, applicable GST percentage, HSN code and invoicing location.
6.2 Foreign Bidders : You are requested to quote price on FOB basis cost, FOB charges, TPI charges
and Ocean Freight Charges up to Mumbai / Nhava Sheva Port.
6.3 As per government notification dt.14.11.2017, items pertaining to R&D, concessional GST rate
@5% GST is applicable. Hence necessary certificate to be obtained from BPCL-CRDC at the
time of supply.
6.4 For Indian Bidders : 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.
6.5 For Indian Bidders : The quoted base rate shall include all expenses towards all testing charges,
PMI testing etc. and exclude TPI charges.
6.6 For Foreign Bidders : The quoted base rate shall include all expenses towards all testing
charges, PMI testing, withholding tax etc. and quote FOB charges (including packing &
forwarding, Inland transportation charges, all other charges up to FOB Port of exit), TPI
charges and Ocean Freight Charges up to Mumbai / Nhava Sheva Port.
6.7 In case of a foreign vendor, the order will be placed on FOB basis OR CFR basis. 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.
7.0 FIRM PRICES
7.1 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.
8.0 PAYMENT
In partial modification of the payment terms as mentioned in the General Purchase
Conditions, the following payment terms shall be applicable.
8.1 PAYMENT TERMS (INDIAN BIDDERS)
SUPPLY OF MATERIALS
� 100% payment within 30 days on receipt and acceptance of material at site and against
submission of Performance Bank Guarantee (PBG). PBG shall be for 10% of the Order value
for the Performance guarantee period, upfront, or for 10% value of each running bill valid for
the performance guarantee period (i.e. 18 months plus six months claim period).
ANNUAL MAITENANCE CONTRACT:
� The payment for an year will be in two instalments based on certification from the Engineer-
In-Charge.
8.2 PAYMENT TERMS (FOREIGN BIDDERS)
SUPPLY OF MATERIALS
100% of FOB/CFR order value shall be paid through an irrevocable letter of credit (LC) against
submission of Shipping Documents and Performance bank guarantee for 10% of order value,
valid till full guarantee period plus six months claim period, before dispatch of materials.
SPECIAL PURCHASE CONDITIONS Page 4 of 21
The PBG should be valid for a period of 24 months from the date of supply (Guarantee period
of 18 months from the date of supply + 6 months claim lodging period) or 18 months from the
date of commissioning (Guarantee period of 12 months from the date of commissioning + 6
months claim lodging period) whichever is earlier.
ANNUAL MAITENANCE CONTRACT:
� The payment for an year will be in two instalments based on certification from the Engineer-
In-Charge.
8.3 GENERAL
8.3.1 All payments shall be released within 30 days of receipt of invoice and all requisite documents,
i.e. Material Test Certificates, TPI release notes, packing slips etc.
8.3.2 No initial advance payment along with order shall be made by Owner against supplies. If a
supplier insists on the same, the offer shall be rejected.
8.3.3 Performance Guarantee bond for 10% of order value by way of Bank Guarantee in the
prescribed format from any Scheduled Indian Bank as per General Purchase Conditions (GPC)
and as per format of PBG provided shall be provided.
8.3.4 All bank charges and stamp duties payable outside India in connection with payments shall be
borne by the Supplier. All bank charges and stamp duties payable in India shall be borne by
BPCL except L/C amendment charges for delays in delivery and confirmation charges for
confirmed L/C (if required to seller) shall be borne by Supplier.
8.3.5 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.
8.3.6 BPCL has tied up with SBI for implementation of SFMS (Structured Financial Messaging
Service) Bank Guarantee Process and the salient features are as given below: Vendors have to
issue of SFMS Bank Guarantee for faster payments.
1) Vendors/ Contractors shall provide BPCL’s Bank Account No. & IFSC Code (Details given
below) to their Bank at the time of application for Bank Guarantee in favor of BPCL
2) Issuing Bank shall issue the Bank Guarantee & send SFMS message to BPCL Bank
confirming the Bank Guarantee as genuine
3) BPCL’s Bank (SBI) shall in turn send the said SFMS message to BPCL’s dedicated email ID
basis which BPEC shall consider the said Bank Guarantee as verified by Bank
4) Once the above process is completed, BPEC Team shall proceed with the release of
payment to vendors which is due against the said Bank Guarantee
Name of Bank: State Bank of India
Branch: CAG Branch, Mumbai
Account No: 11083980831
IFSC Code: SBIN0009995
9.0 DELIVERY SCHEDULE
9.1 Delivery Period for Supply :
a) Foreign Bidders :
• In case of CFR basis
All the goods delivery shall be delivered CFR basis to Mumbai/ Nhava Sheva Port at the earliest
but in any case not later than 10 Months from the date of placement of the Purchase Order
(PO) or issue of Letter of Intent (LOI) whichever is earlier.
Clearing at Mumbai Port including custom clearances import duties, CVD, GST payment shall
be in BPCL’s Scope. Further loading at Indian Port, transportation to respective sites from
Mumbai Port & unloading at sites shall be done by BPCL.
SPECIAL PURCHASE CONDITIONS Page 5 of 21
• Foreign Bidders : In case of FOB basis
All the goods delivery shall be delivered FOB basis at the earliest but in any case not later than
9 Months from the date of placement of the Purchase Order (PO) or issue of Letter of Intent
(LOI) whichever is earlier.
Foreign bidder shall quote on FOB to his nearest port of exit including loading at his workshop
and transportation to the nearest port.
BPCL RESERVE THE RIGHT TO PLACE ORDER ON FOB BASIS OR CFR BAIS. BIDDERS NOT
ACCEPTING ORDER ON CFR BASIS, THEIR OFFER IS LIABLE FOR REJECTION.
Delivery is the essence of contract. BPCL reserve the right to accept or reject offers with
delivery period not in line with BPCL requirement.
b) Indigenous Bidder:
All the goods delivery against purchase order / LOA shall be delivered at respective sites at
the earliest but in any case not later than 10 Months on FOT site basis from the date of
placement of the Purchase Order (PO) or issue of Letter of Intent (LOI) whichever is earlier.
In the event of delay on the part of the Vendor in effecting deliveries as agreed contractually,
Owner will levy a reduction in price for delayed completion @1/2%( one half of one percent)
of delayed order value per week of delay or part thereof subject to a maximum of 5% of total
order value separately for supply.
Delivery is the essence of contract. BPCL reserve the right to accept or reject offers with
delivery period not in line with BPCL requirement.
9.2 Indian supplier’s prices should be door delivery basis. Freight 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. The ordered items are to be delivered to the locations as mentioned
in the tender.
9.3 Failing to meet the delivery schedule/ completion period will be subject to Price Reduction
and/or other remedies available to the Purchaser in RFQ Documents.
9.4 For Indian bidders 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.
9.5 Indian suppliers shall quote firm freight charges in percentage of basic price up to destination
by road on freight pre-paid door delivery basis.
9.6 Foreign Bidder : In case of FOB delivery, Ocean transportation from FOB Port of Exit to
Designated Indian Port shall be arranged by BPCL through our nominated freight forwarder.
Bidder shall arrange handing over the material to BPCL freight forwarder at the designated
port of exit.
9.7 Delay in receiving Invoices or failure of delay or failure in providing copies of dispatch
documents and any demurrage or wharfage or any loss resulting thereby shall be borne by
the vendor.
9.8 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.
SPECIAL PURCHASE CONDITIONS Page 6 of 21
9.9 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.
10.0 PRICE REDUCTION SCHEDULE
10.1 Applicable as per attached GPC.
11.0 DESPATCH INSTRUCTIONS
11.1 Following dispatch documents are required to be submitted by the Indigenous Supplier
immediately after shipment is made.
• Commercial Invoice
• Inspection Release Note by Third Party Inspection Agency.
• LR/ GR / Clean Bill of Lading.
• Packing List
• Test Certificates (NDT reports, MTC, etc.)
• List of documents as specified in RFQ & countersigned & stamped by TPIA.
11.2 In addition to above documents in case of Foreign Bidder, following documents are also
required to be submitted
• ETA Destination Seaport
• Country of origin certificate
12.0 INSURANCE
12.1 Transit insurance shall be excluded from the supplier’s scope and, the same shall be arranged
by BPCL.
13.0 THIRD PARTY INSPECTION
13.1 For Indian Bidder : All material are subject to inspection by BPCL nominated Third Party
Inspection agency (TPI). BPCL nominated third party Inspection agency will be M/s. PDIL. TPI
charges shall be borne by BPCL. Bidder shall note the distance between of bidder’s place of
Inspection/manufacturing facilities w.r.t. PDIL off ice/ Regional office. List of offices/Regional
offices is enclosed for your ready reference.
Bidder shall indicate approximate distance between of bidder’s place of Inspection/
manufacturing facilities w.r.t. PDIL office/ Regional office over here and fees with reference
to the above distance in Format of Taxes/ Duties, TPI & Freight. Same shall be considered for
price evaluation.
S. No. Description Unit Percentage
1 Area covered within 100 KM of TPI
agency’s office/ Regional offices
Rate for PO value
above Rs.50 lakhs
0.25% of basic PO
Value
2 Area covered beyond 100 KM of TPI
agency’s office/ Regional offices
Rate for PO value
above Rs.50 lakhs
0.30% of basic PO
Value
13.2 Imported Bidders : TPI shall be carried out by any one of the BPCL approved TPI agency as
mentioned in clause 7.2 of GPC at your works. Scope of inspection will be as mentioned in the
specification of the tender. Bidder shall quote TPI charges in Format of Taxes/ Duties, TPI &
Freight. Same shall be considered for price evaluation.
14.0 GENERAL PURCHASE CONDITIONS (GPC)
14.1 Attached General Purchase Conditions (GPC) shall be applicable for this contract.
SPECIAL PURCHASE CONDITIONS Page 7 of 21
15.0 GUARANTEE/ WARRANTY
15.1 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.
16.0 QUALITY ASSURANCE / QUALITY CONTROL
16.1 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.
16.2 The Supplier shall establish document and maintain an effective quality assurance system
outlined in recognized codes.
16.3 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.
16.4 No amendment in the specification will be entertained after placement of order.
17.0 PERFORMANCE BANK GUARANTEE (PBG)
17.1 Performance Bank Guarantee for 10% of total order value shall be furnished by successful
vendors in BPCL format. The PBG should be valid for a period of 24 months (18 months + 6
months claim lodging period) shall be furnished.
18.0 SUBMISSION OF OFFER
18.1 Bids should be submitted in “TWO BID SYSTEM” i.e. “BQC cum Un-priced Bid / Technical Bid”
& “Priced Bid” through e-tendering portal.
18.2 "BQC cum Un-priced bid/Technical Bid” complete with all technical and commercial details
other than price shall be submitted. Accordingly, this shall contain the following:
i) Bidder’s covering letter with technical details / brochure of the material offered by the
bidder.
ii) Technical Specifications & Scope of Work duly signed & stamped in all pages in token of
acknowledgement and acceptance.
iii) Un-Priced schedule (Indian Bidder, Foreign Bidder) with an indication "Quoted" instead
of prices i.e. Without mentioning values. Other applicable information such as Product
Name/s, Quantity, Statutory Levies, Taxes, Any Other Charges to be provided or select
“QUOTED” or “NON QUOTED” in the e-procurement portal in Part-1 i.e. Techno-
Commercial un-priced bid section as indicated.
iv) Commercial Questionnaire duly filled in, signed and stamped in all pages.
v) Technical and Commercial Deviations to tender document. In case of no deviation NIL
statement to be submitted in this format.
vi) Pro-forma of Declaration of Holiday Listing duly fi lled in signed & stamped.
Vendors serving holiday listing order issued by BPCL, MOP&NG or any other Oil PSEs
would not get qualified in the tenders floated in BPCL till the holiday listing order is
revoked by the concerned authority and the proof of such revocation is submitted to the
tendering department.
vii) Applicable charges, taxes, duties and freight duly Signed, stamped and scanned copies of
for the tender.
viii) Special Purchase Conditions (SPC) and Business Rules Document for reverse auction
Signed, stamped and scanned copy of Acceptance sheet available at the end of,
SPECIAL PURCHASE CONDITIONS Page 8 of 21
ix) General Purchase Conditions signed & stamped in all pages in token of acceptance and
acknowledgement. In case of any conflict between the terms & conditions in the GPC
with those mentioned elsewhere in the tender document, the later shall prevail.
x) Integrity Pact Document duly filled in signed & stamped.
xi) Bidder’s Information duly filled in, signed and stamped.
xii) Copy / Copies of Corrigendum issued (if any), duly signed & stamped in all pages in token
of acceptance and acknowledgement.
xiii) MSE Vendor (For Indian manufacturers only) – is required to submit the following
documents along with the Technical Bid.
a. 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.
b. Vendor’s declaration 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.
xiv) Any other document / information which bidder may like to submit, to establish that the
offered material would meet BPCL requirement.
18.3 Priced Bid: Priced bid shall consist of the online price schedule template provided in the e
tendering portal and the bidder shall submit prices by inputting the required price data in the
online price schedule template.
18.4 Bids complete in all respects should be uploaded in BPCL e-tendering portal on or before the
due date & time.
18.5 BPCL shall not be responsible for any delay in uploading of offer by the bidder in e-
Procurement portal.
18.6 Fax / E-Mail offers shall not be accepted.
18.7 Offer shall be valid for a period of 90 days from tender due date / extended due date for
placement of order.
18.8 The rate quoted shall remain firm till the completion of Purchase Order.
18.9 In case of a foreign vendor, the order will be placed on FOB basis OR CFR basis. 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.
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. BQC cum 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 9 of 21
20.0 EVALUATION CRITERIA
20.1 Evaluation will be done on overall total warehouse value basis after considering all items for
supply, spares and AMC charges. Bidder has to quote all items mentioned in the price bid. If
bidder has not quoted for any item of the tender, their bid is liable for rejection.
20.2 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 (other
than INR) would be converted to Indian Rupees at SBI TT Selling Rates on date previous to
date of opening of price bid for comparison of quotes.
20.3 Loading for Taxes and Duties :
Indigenous supplies:
• Transportation charges quoted by the bidder shall be loaded.
• GST rate
• Any other charges: As quoted by the bidder shall be loaded.
Imported supplies:
• FOB Charges and TPI charges as quoted by the bidder shall be loaded.
• Ocean freight from port of loading to destination port (Mumbai/ Nhava Sheva) as quoted
by the bidder shall be loaded.
• Customs duty as applicable shall be loaded.
• 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.
• Loading on account of deviation in commercial terms (for both indigenous & imported
supplies).
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, bidder 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.
20.4 Evaluation will be on overall Lowest Quote basis (Effective cost) to BPCL. BPCL reserves the
right to place purchase order to party depending on the evaluation, at its discretion. All the
items in the Price bid format shall be considered for evaluation.
20.5 Offers would be evaluated for net landed cost as under.
Basic Price (As quoted in INR or as converted by BPCL in INR) plus loading of all applicable
charges, Customs Duty, GST, Freight Charges and tax on freight if any, Insurance, Port Handling
Charges, Container De-Stuffing Charges, Loading on account of deviations if any, Any other
charge quoted by the bidder etc.
20.6 Offers with precondition on minimum order value or non acceptability of part order are not
acceptable and their offer stand commercially rejected.
SPECIAL PURCHASE CONDITIONS Page 10 of 21
21.0 EARNEST MONEY DEPOSIT (EMD) :
1. Earnest Money Deposit (If applicable).
Indian bidders are required to submit interest free EMD of Rs. 5,00,000.00 (Rs. Five Lakhs and
Foreign Bidders are required to submit interest free EMD of US $ 7900.00 (US $ Seven
thousand nine hundred) or EURO 6500.00 (Euro Six thousand five hundred only).
Offers received without scanned copy of EMD document in the e-tender and EMD (Original
DD / Bank Guarantee) physically not received within 7 days after “Technical Bid” opening date
are liable to be rejected.
Exemption from paying Earnest Money Deposit.
� Units registered with National Small Industries Corporation (NSIC);
� Units falling under Micro & Small Enterprises (MSEs) category as defined under the
MSMED Act 2006.
The benefits of public procurement policy are extended to manufacturers
registered under this only and not extended to traders registered under this.
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/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 D G S & D will not entitle the bidder to claim above exemption.
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 wil l be treated as bid received without EMD and
liable to be rejected.
a. Indian Bidder: EMD can be paid in the form of Bank Draft drawn in favor of Bharat Petroleum
Corporation Limited & Payable at Mumbai.
Alternatively the EMD can also be paid by Bank Guarantee executed by any Scheduled Bank
approved by Reserve Bank of India as per pro-forma. The Bank Guarantee shall be valid for a
period of six months from the due date of the tender.
b. Foreign Bidders – EMD can be paid by Bank Guarantee executed by any Scheduled Bank
approved by Reserve Bank of India as per pro-forma. The Bank Guarantee shall be valid for a
period of six months from the due date of the tender.
c. Copy of the Bank Demand Draft, Bank Guarantee, Electronic Fund Transfer details and proof
of dispatch to be uploaded along with un-priced bid .
d. EMD of unsuccessful bidders shall be released after finalization of this tender. However, in
case of successful bidder the EMD shall be released on receipt of performance bank guarantee
(if applicable).
e. Forfeiture of EMD – A bidder who has submitted their bid shall not be permitted to alter /
amend or withdraw the bid, not-withstanding that the bid(s) has / have not yet been opened
/ finalized. A bidder who purports to alter / modify withdraw their offer after submission,
within the validity of the offer shall be liable to have their offer rejected and their EMD
forfeited / en-cashed.
SPECIAL PURCHASE CONDITIONS Page 11 of 21
The Earnest Money deposited by successful bidder shall be forfeited if the successful bidder
fails to honor the offer terms prior to ordering and Contractual terms after issuance of LOA /
PO.
22.0 PURCHASE PREFERENCE to MSE’s and LINKED WITH LOCAL CONTENT:
22.1 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.
22.2 Bidder who have local content as mentioned in the attached tender documents are allowed
to avail the purchase preference as per the government guidelines/ instructions on the subject
in force from time to time.
23.0 PROFORMA FOR BANK GUARANTEE FOR EARNEST MONEY DEPOSIT
(This BG should be produced on non-judicial paper of appropriate value along with
BQC Bid.) To
Bharat Petroleum Corporation Ltd.
(CPO) Refineries
Mumbai Refinery, Mahul
MUMBAI 400074
Dear Sirs,
M/s. ______________________________________ have taken tender for the supply of
__________________
for Bharat Petroleum Corporation Ltd. The tender Conditions of Contract provide that the Bidder
shall pay a sum of Rs. ______
(Rupees___________________________________________________________________
__) as earnest money / initial / full security deposit in the form therein mentioned. The form of
payment of earnest money / security deposit includes guarantee executed by Schedule ‘A’
Bank, undertaking full responsibility to indemnify Bharat Petroleum Corporation Ltd. in case of
default.
The said______________________________________ have approached us and at their
request and in consideration of the premises
we__________________________________________________________
______________having our office at have agreed to give such guarantee as hereinafter
mentioned.
1. We ___________________________________________________________________
hereby undertake and agree with you that if default shall be made by M/s.
_____________________________________ in performing any of the terms and
conditions of the tender or in payment of any money payable to Bharat Petroleum
Corporation Ltd. We shall on demand pay to you in such matter as to you may direct the
said amount of Rupees_______________________________only or such portion thereof
not exceeding the said sum as you may from time to time require.
2. You will have the full liberty without reference to us and without effecting this guarantee
postpones for any time or from time to time the exercise of any of the powers and rights
conferred on you under the contract with the said_____________and to enforce or to for
bear from endorsing any power of rights or by reason of time being given to the said which
under law relating to the sureties would but for provision have the effect of releasing us.
3. Your right to recover the said sum of
Rs.__________________(Rupees__________________ ____________________) from
us in manner aforesaid will not be affected or suspended by reason of the fact that any
dispute or disputes have been raised by the said M/s.__________________
_________________and/or that any dispute or disputes are pending before any officer,
tribunal or court.
SPECIAL PURCHASE CONDITIONS Page 12 of 21
4. The guarantee herein contained shall not be determined or affected by the liquidation or
winding up, dissolution or change of constitution or insolvency of the said______________
____________________but shall in all respects and for all purposes be binding operative
units payment of all money due to you in respect of such liabilities is paid.
5. Our liability under this guarantee is restricted to
Rupees__________________________________ Our guarantees shall remain in force
until_____________________________________________ unless a suit or action to
enforce a claim under_________________________________________ Guarantee is
filed against us within six months from _____________________________(which is date
of expiry of guarantee) all our rights under the said guarantee shall be forfeited and shall
be relieved and discharged from all liabilities thereunder.
6. We have power to issue this guarantee in your favour under Memorandum and Articles of
Association and the undersigned has full power to do under the Power of Attorney dated
__________________granted to him by the Bank.
Yours faithfully
___________________________________________ Bank by its Constituted Attorney
Signature of a person duly authorised to sign on behalf of the bank.
24.0 INTEGRITY PACT (IP):
24.1 Bidders are to sign integrity pact of BPCL (Annexure I ) and submit along with bid
document. Bids without signed Integrity pact are liable for rejection.
24.2 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.
24.3 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.
24.4 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.
24.5 Tender related clarifications to be contacted to the following Procurement Officer / Manager.
1) Name: H.P. Panchal,
Designation: Procurement Manager-CPO(R),
Address : BPCL – Mumbai Refinery, Mahul, Mumbai-400074, India.
Tel no. 022-25533117, Mo. No. 9819027480
e-mail: [email protected]
2) Name : R.S. Krishna Sankar,
Designation: Procurement Leader-CPO(R),
Address: BPCL – Mumbai Refinery, Mahul, Mumbai-400074, India.
Tel no.: 022-2553 3202, Mo. No. 9820973324
e-mail: [email protected]
24.6 Bidders may raise disputes/complaints, if any, with the nominated Independent External
Monitor (IEM). The IEM's name, address & contact number is given below:
SPECIAL PURCHASE CONDITIONS Page 13 of 21
Shri. S.S.N. Moorthy Shri. Shantanu Consul
Shri. Vikram Srivastava
ADDRESS ADDRESS ADDRESS
GFQ, Ist Floor, B. Block,
Summit Apts. Mettupalayam
Road, Coimbatore - 641 043
No.9MCHS (IAS Officers
Colony), 16th Main, 5th C
Cross, BTM 2nd stage,
Bangalore – 560 076
E-202, Second Floor ,
Greater Kailash Part 2,
New Delhi - 110048
[email protected] [email protected] vikramsrivastava1973@g
mail.com
Mob. 09500998610 Mob. 09740069318 Mob. 09810642323
25.0 POLICY FOR ‘HOLIDAY LISTING’ OF VENDORS IN BPCL:
25.1 The guidelines for holiday listing shall be applica ble as per web link given below:
https://bharatpetroleum.in/pdf/holidaylistingpolicyfinal.pdf
25.2 Bidders are required to confirm that the Holiday Listing Policy of BPCL is read and understood
by them.
25.3 Bidders serving holiday listing order issued (as on bid opening date) by BPCL, MOP&NG, EIL or
any other Oil PSEs would not get qualified in this tender.
25.4 A declaration to be submitted by bidder indicating that they are not on holiday list by BPCL /
MOP&NG / EIL or any other Oil PSEs as on due date of bid submission anywhere in the country.
Offers not accompanied with such declaration shall make the bidders liable for rejection. Any
wrong declaration in this context shall make the bidders liable for action under the Holiday
Listing procedure."
26.0 BID REJECTION CRITERIA:
26.1 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. Insufficient validity period.
c. Advance payment
d. Non submission of EMD as applicable
e. Non submission of Holiday Listing declaration
f. Non submission of Integrity Pact
g. Non acceptance of firm price
h. Non submission of verification of Bidders Qualification Criteria related documents
i. Any other rejection point specified elsewhere in the RFQ Documents.
27.0 ARBITRATION CLAUSE:
27.1 Option “1”.
“Law, Arbitration and Jurisdiction:
A. Negotiation and Conciliation:
The Parties shall endeavor to settle any dispute, difference, claim, counter-claim,
question or controversy between the Parties arising out of, in connection with or in
relation to this Agreement (“Dispute”) amicably between themselves, through
negotiation.
SPECIAL PURCHASE CONDITIONS Page 14 of 21
B. Reference to Arbitrator:
I. Any Dispute which the Parties are unable to resolve pursuant to Clause (A) within
thirty (30) days of the written notification by one Party to the other of the existence
of a Dispute shall be finally determined by arbitration in accordance with the
provisions of the Indian Arbitration and Conciliation Act, 1996 or any statutory
modification or re-enactment thereof.
II. All arbitration proceedings shall be conducted in English language. For the purpose
of such arbitration, both parties shall in good faith explore the possibility of
agreement on a Sole Arbitrator and in case of failure of such mutual agreement on
Sole Arbitrator, each party shall appoint one arbitrator and both appointed
arbitrator shall appoint third arbitrator. The Arbitral tribunal shall decide any such
dispute or claim strictly in accordance with the governing law specified below. The
arbitration shall be conducted in accordance with the provisions of Indian
Arbitration and Conciliation Act, 1996.
III. The venue of arbitration shall be Mumbai, India. The Award may include an award of
costs. Each Party shall bear their respective expenses in relation to the arbitration
and the eventual liability for the costs shall be in terms of the arbitral award.
IV. Notwithstanding of arbitration in respect of such dispute, the parties shall continue
to perform their respective obligations under this Agreement without prejudice to
the final determination/ Award in respect of such dispute.
C. Decision/ Award:
Any decision or Award of the Arbitrator appointed pursuant to this clause shall be final
and binding upon the parties.
D. Governing Laws/ Jurisdiction:
This Agreement shall be governed by and construed in accordance with Laws of India.
Each of the Parties hereto irrevocably submits to the sole and exclusive jurisdiction of the
Courts at Mumbai, India.”
In case 1st Option is not acceptable then:
27.2 Option “2”.
Any dispute arising out of or in connection with this contract, including any question
regarding its existence, validity or termination, shall be referred to and finally resolved by
arbitration under LCIA India Arbitration Rules, which Rules are deed to be incorporated by
reference into this clause.
The number of arbitrator shall be three.
The seat or arbitration shall be Mumbai, India.
The language to be used in the arbitration shall be English.
The governing law of the contract shall be the substantive law of India.
In case Option “1 & 2” are not acceptable then:
27.3 Option “3”.
Any dispute arising out of or in connection with this contract, including any question
regarding is existence, validity or termination, shall be referred to and finally resolved by
arbitration in Singapore in accordance with the Arbitration Rules of Singapore International
Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are dimed to be
incorporated by reference in this clause.
The Tribunal shall consist of one arbitrator. The language of the arbitration shall be English.
This contract is governed by the Laws of India.
28.0 GENERAL POINTS:
28.1 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,
SPECIAL PURCHASE CONDITIONS Page 15 of 21
as admissible under the existing policies of Government of India and to JVs/ Subsidiaries as
per BPCL guidelines.
28.2 Offers and all correspondence must be in English language only.
28.3 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.
28.4 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.
28.5 The material shall be packed in accordance with the rule in weatherproof, shipment worthy
eco-friendly packing, labeled and indicating clearly the description of item, hazardous nature
if any and precautions/care to be taken.
28.6 Any effort by bidder or bidder’s agents, consultant or representative, howsoever described,
to influence the Owner (BPCL) in any way concerning scrutiny / consideration / evaluation /
comparison of the bid or decision concerning award of contract shall entail rejection of the
bid.
28.7 Cutting / Correction: All entries in the tender must be written in permanent ink or typewritten
and there should not be any erasing or overwriting or corrections. Any unavoidable mistake
should be neatly cut and re-written without over-writing and use of correcting fluid. All
corrections should be duly signed by the Bidder.
28.8 The commercial terms offered by the bidder should be firm, clear and specific as the tenders
shall normally be finalized without seeking further clarification.
29.0 BPCL SUPPLIER/ VENDOR ADVISORY ON ENVIRONMENTAL CRITERIA
As you are aware that environment is one of the most precious gifts given to us by Mother
Nature. We must be conscious of our actions and act responsibly to preserve and conserve
the environment.
BPCL has always endeavored to be a responsible & conscious corporate citizen. We would
also want to engage you - our suppliers – in the efforts to reduce our impact on the
environment.
Below are the advisory guidelines on environmental criteria, which we want our
suppliers to follow:
1. Emission / Pollution Control [Air, Water, Soil, Noise etc.]
a. The organization and its all operations should follow all laws related to emission/pollution
norms.
b. The organization should get all necessary approvals & certifications for emission/pollution
control from relevant authorities for plants, equipments, vehicles etc.
c. Monitoring mechanism should be put in place for all emissions/pollution emitted from
organization owned assets ex. equipment, vehicles etc.
d. Organization should conduct training and awareness programs for the staff on
emission/pollution impacts and prevention
2. Energy
a. Monitoring energy consumption by the organization from all sources should be done.
SPECIAL PURCHASE CONDITIONS Page 16 of 21
b. Organization should strive to reduce energy consumption by employing energy efficiency
& conservation measures.
c. Use of alternate fuel sources & renewable energy should be promoted by the
organization.
3. Water
a. Water consumption from all the sources should be monitored by the organization.
b. Reduction in water consumption should be aimed by treating water waste & alternative
use of waste water
c. Waste water should be treated to remove harmful elements before releasing it to the eco-
system.
4. Reducing Resource Intensity
a. Optimization / reuse / recycle techniques should be used to reduce the use of resources.
b. Minimizing use of resources having major environmental impact should be done and
substitutes should be found.
c. Proper handling should be done for hazardous resources (chemicals etc.) having impact
on humans & eco system.
5. Waste management
a. Waste segregation based on type of waste (solid, liquid, hazardous etc), generated by the
organization should be done.
b. Opportunities for recycling & reuse of waste should be Identified & promoted by the
organization.
c. Hazardous waste should be handled by trained personnel & disposed to authorized
agencies only.
6. Risk mitigation
a. Environmental Risk Assessment should be carried out for all the organization’s operations.
b. The severity / extent of damage due to the environmental risk should be estimated.
c. Staff / personnel involved in operations related to environmental risks should be trained
and regular awareness programs should be conducted.
The guidelines are indicative of the direction that the suppliers should take to be more
environmentally supportive. Suppliers should join hands with BPCL in making a value chain
that is environmentally aware and responsible.
30.0 INFORMATION ON E-PROCUREMENT SYSTEM
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.
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.
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
SPECIAL PURCHASE CONDITIONS Page 17 of 21
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.
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.
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.
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.
No manual bids / offers along with electronic bids / offers shall be permitted.
Once the BQ 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 “Reports” 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.
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.
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.
In case of any clarification pertaining to e-procurement process, the Bidder may contact the
following agencies / personnel:
SPECIAL PURCHASE CONDITIONS Page 18 of 21
1. For system related queries: (our e-tendering service provider – ABCPROCURE)
Contact: Mr. Satya, [email protected],
Telephone: +91 9004014223
Mr. Ajay Nandangi, [email protected],
Telephone: +91 22 25533128.
91 7208726400
*********************
SPECIAL PURCHASE CONDITIONS Page 19 of 21
31.0 FORMAT FOR BIDDER’S INFORMATION
Sr.
No.
Description Bidders details
1 Name of Bidder
2 Address for Communication
3 General contact details viz.
e- mail address, telephone no., & fax no.
4 Whether bidder is a manufacturer OR
dealer/trader, for items under this tender
5 Type of Organization:
Government Dept./Public Sector
Undertaking/Public Limited Company/ Private
Limited Company / Partnership/
Proprietorship Others (Pl. specify)
6 Location of Registered Office , in the case of
Company
7 IN CASE BIDDER IS A MANUFACTURER FOR ITEMS
UNDER REFERENCE:
Address of Factory:
Central Excise Registration Number(For Indian
bidders)
Service Tax Registration Number , if any (For
Indian Bidders)
Sales Tax / VAT / CST Registration
Number(For Indian Bidders)
8 IN CASE BIDDER IS A DEALER / TRADER / SERVICE
PROVIDER FOR ITEMS UNDER REFERENCE:
Central Excise Registration Number, if any (for
issuing Cenvatable invoice under Cenvat
Credit Rules)
GST Registration Number, if any
HSN Code and Invoicing locations
SPECIAL PURCHASE CONDITIONS Page 20 of 21
9 CONTACT PERSON’S DETAILS:
Name & Designation
E-mail id
Telephone No.- Landline
Mobile Number.
Fax number
13 Average Annual Turnover of the business
14 Whether the bidder falls under the category
of Micro & Small Enterprises (MSE) as per the
MSME Policy of Govt. of India. If YES,
whether proof for the same enclosed with the
bid?
15 Whether the bidder have local content as per
Purchase Preference Policy
Place: __________________ For and on behalf of
Date: __________________
Signature & seal of the vendor
*********************
SPECIAL PURCHASE CONDITIONS Page 21 of 21
BHARAT PETROLEUM CORPORATION LIMITED
Central Procurement Organisation (Refineries)
SUBJECT: SUPPLY OF MULTI REACTOR CATALYST EVALUATION PILOT PLANT IN BPCL
CORPORATE R & D CENTRE, GREATER NOIDA.
REF. : CRFQ No. 1000297837, e-Tender No. 34304
ACCEPTANCE OF SPECIAL PURCHASE CONDITIONS (Annexure-5)
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.
Date : Signature of Authorised Signatory
with Name & designation and Co. Seal.
Name & full address of the Firm :
M/s _______________________
Page 1 of 23
Annexure-6 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 2 of 23
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.
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.
Page 3 of 23
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.
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.
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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.
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.
Page 5 of 23
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'.
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.
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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.
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.
Page 7 of 23
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.
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 :
Page 8 of 23
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.
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 :
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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
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.
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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
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.
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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.
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.
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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.
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.
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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.
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
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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
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
Page 15 of 23
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;
(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
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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
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
Page 17 of 23
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.
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.
Page 18 of 23
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
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
Page 19 of 23
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
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.
Page 20 of 23
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
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.
Page 21 of 23
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.
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.
Page 22 of 23
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 …………………………………..
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.
Page 23 of 23
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:
Comm Questionnaires Page 1 of 2
Annexure - 7
Commercial Questionnaire for Indigenous Bidders
SUBJECT : SUPPLY OF MULTI REACTOR CATALYST EVALUATION PILOT PLANT IN BPCL CORPORATE R & D CENTRE, GREATER NOIDA.
REF. : CRFQ No. 1000297837, e-Tender No. 34304
Vendor Name: M/s. _______________________________________________________________
Vendor’s Offer Ref. No. : _________________________________________ Date : ____________
Contact Person: _____________________________ E-Mail _____________________________
Mobile No. ____________________________________ Tel. No._____________________________
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
1 Technical Specifications as per Tender. Confirmed / Not Confirmed refer deviation sheet
2 Bid Validity period: Confirm Offer validity of 120 days from final bid due date.
Confirmed / Not Confirmed refer deviation sheet
3 Defects Liability Period: Confirm acceptance of defect liability period clause as indicated in Special Purchase Conditions.
Accepted / Not accepted refer deviation sheet
4
Delivery Period: Within 10 Months on FOT site basis from the date of placement of the Purchase Order (PO) or issue of Letter of Intent (LOI) whichever is earlier For detailed refer Special Purchase Conditions (SPC).
Accepted / Not accepted refer deviation sheet
5
Payment Terms: 100% payment within 30 days on receipt and acceptance of material at site and against submission of Performance Bank Guarantee (PBG). PBG shall be for 10% of the Order value for the Performance guarantee period, upfront, or for 10% value of each running bill valid for the performance guarantee period (i.e. 18 months plus six months claim period).
Accepted / Not accepted refer deviation sheet
6 Prices have been furnished as per “Format For Submitting Price”.
Furnished / Not furnished refer deviation sheet
7 Delayed Delivery: For detailed clause refer General Purchase Conditions (GPC).
Accepted / Not accepted refer deviation sheet
8
In case the vendor does not accept the delayed delivery clause or take exceptions to the % rate mentioned in GPC, loading shall be done to the extent of maximum of 5% on the total order value or the differential % not agreed by the supplier
Confirmed & Accepted
Comm Questionnaires Page 2 of 2
S.No DESCRIPTION VENDOR’S CONFIRMATION
9 Firmness of prices: Quoted prices shall remain firm and fixed till complete execution of the order.
Confirmed / Not confirmed refer deviation sheet
10 Confirm that the prices quoted are without any price variation clause.
Confirmed / Not confirmed refer deviation sheet
11 The quoted base rate shall include all expenses towards all testing charges, PMI testing etc. TPI charges shall be extra and same will be paid by BPCL to TPI agency.
Noted & Confirmed
12 Arbitration Clause: Confirm acceptance of Arbitration Clause as indicated in Special Purchase Conditions (SPC).
Accepted / Not accepted refer deviation sheet
13
Printed terms and conditions, if any, appearing in quotation, shall not be applicable in the event of order. In case of contradiction between the confirmations given above and terms & conditions mentioned elsewhere in the offer, the confirmation given herein above shall prevail.
Confirmed & Accepted
14 Confirm that integrity pact is duly signed & submitted without any deviations.
Confirmed & Accepted
15
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 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.
16 Material is required at BPCL warehouse/site on door delivery basis.
Accepted / Not accepted refer deviation sheet
17 Specify Despatch Point for Supply of Materials.
Material shall be despatched
from :____________________
State:____________________
18
Please confirm you have submitted declaration regarding holiday listing format given in the tender. In case you have been on holiday list declared by Bharat Petroleum Corporation Limited/MOP&NG/any other Oil PSEs, this should be clearly stated in the declaration. If this declaration is not furnished, the bid shall be rejected as non-responsive.
Noted and confirmed
19 Confirm BPCL holiday listing Policy for vendors. Referred web link given below: https://bharatpetroleum.in/pdf/holidaylistingpolicyfinal.pdf
Confirmed & Accepted
20 Transit risk insurance shall be covered by BPCL and the same has not been included in the quoted prices.
Noted and confirmed
21 HSN code no. / Invoicing location
22
Please confirm, whether your company is Micro and Small Enterprises (MSEs) YES / NO
OR
MSEs owned by Scheduled Caste (SC) or the Scheduled tribe (ST) entrepreneurs. YES / NO
If YES, Category Registered : MICRO or SMALL (Pl tick mark) If YES Pl 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 1 of 3
Annexure – 7
COMMERCIAL QUESTIONNAIRE – FOREIGN BIDDERS
SUBJECT : SUPPLY OF MULTI REACTOR CATALYST EVALUATION PILOT PLANT IN BPCL CORPORATE R & D CENTRE, GREATER NOIDA.
REF. : CRFQ No. 1000297837, e-Tender No. 34304
Vendor Name: M/s. _______________________________________________________________
Enquiry No.______________________________________________________________________
Vendor’s Offer Ref. No. : ___________________________________________________________
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
1
Bid rejection criteria: Bidders shall note the bid rejection criteria as indicated in SPC. Provisions of these clauses must be adhered to without any deviations, failing which the bid shall be considered to be non-responsive and may be rejected.
Noted
2 Bid Validity period: Confirm Offer validity of 120 days from final extended bid due date.
Confirmed / Not Confirmed refer deviation sheet
3 Defects Liability Period: Confirm acceptance of defect liability period clause as indicated in Special Purchase Conditions.
Accepted / Not accepted refer deviation sheet
4 Performance Bank Guarantee: Confirm acceptance of performance guarantee clause as indicated in Special Purchase Conditions & General Purchase Conditions.
Accepted / Not accepted refer deviation sheet / Not applicable
5
Delivery Period : Within 10 months in case of CFR basis OR within 9 months in case of FOB basis from the date of LOI/PO whichever is earlier. For detailed refer Special Purchase Conditions (SPC)
Accepted / Not accepted refer deviation sheet
6
Payment Terms: 100% of FOB/CFR order value shall be paid through an irrevocable letter of credit (LC) against submission of Shipping Documents and Performance bank guarantee for 10% of order value, valid till full guarantee period plus six months claim period, before dispatch of materials. For detailed refer Special Purchase Conditions (SPC).
Accepted / Not accepted refer deviation sheet
Comm Questionnaires Page 2 of 3
S.No DESCRIPTION VENDOR’S CONFIRMATION
7 Prices have been furnished as per “Format For Submitting Price”.
Furnished / Not furnished refer deviation sheet
8
Delayed Delivery: 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. For detailed clause refer General Purchase Conditions (GPC).
Accepted / Not accepted refer deviation sheet
9
In case the vendor does not accept the delayed delivery clause or take exceptions to the % rate mentioned in GPC, loading shall be done to the extent of maximum of 5% on the total order value or the differential % not agreed by the supplier
Confirmed & Accepted
10 Firmness of prices: Quoted prices shall remain firm and fixed till complete execution of the order and shall not be subject to variation on any account.
Confirmed / Not confirmed refer deviation sheet
11 Arbitration Clause: Confirm acceptance of Arbitration Clause as indicated in Special Purchase Conditions (SPC).
Accepted / Not accepted refer deviation sheet
12
Printed terms and conditions, if any, appearing in quotation, shall not be applicable in the event of order. In case of contradiction between the confirmations given above and terms & conditions mentioned elsewhere in the offer, the confirmation given herein above shall prevail.
Confirmed & Accepted
13 Confirm that BPCL’s integrity pact is duly signed on all pages and signed on last page with 2 witness and submitted.
Confirmed
14
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 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.
YES / NO
15 Confirm whether FOB and CFR prices have been indicated in the offer, with gate way Port of Exit.
Confirmed
16
The order will be placed on FOB basis or CFR 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.
Noted & accepted
17 Charges to shipping agencies shall be borne by the bidder, if order is placed on CFR basis.
Included / Quoted Separately
18
Bank Charges: All Bank charges and stamp duties payable outside India in connection with payments to be made shall be borne by the supplier. All bank charges and stamp duties payable in India shall be borne by BPCL
Confirmed
19 Confirm that all taxes, duties and levies of any kind payable up to FOB Port of Exit shall be borne by supplier.
Confirmed
20 Currency of Quote: Furnish the currency of quote.
Currency of Quote: __________________________
21 Change in currency once quoted will not be allowed. Noted & accepted
22
In case of deviation/ reservations etc., to BPCL’s SPC, GPC & any other tender conditions, confirm that the same has been given in attached Annexure as desired and deviations/ reservations / notes/ comments etc, given elsewhere in the offer shall not be considered.
Noted & accepted
23
Indicate name, address, telephone nos., fax nos., e-mail address, Type of account (current/saving/cash credit), Branch code of the bank, MICR code, Swift code of your Banker for L/C opening
Comm Questionnaires Page 3 of 3
S.No DESCRIPTION VENDOR’S CONFIRMATION
24 Documentation charges are included in quoted prices. Confirmed
25 Indicate manufacturer’s name and address
26 Country of Origin: Indicate country of origin from where the goods have been offered.
Country of Origin: __________________________
27 Indicate International Sea Port of Exit. Material shall be despatched from :____________________ Country:____________________
28 Date of clean Bill of Lading shall be considered as date of delivery.
Confirmed
29
Transit Insurance: Prices quoted must exclude transit insurance charges from FOB International Port of Exit as the same shall be arranged by the Purchaser. However, all transit insurance charges for inland transit up to FOB International Port of Exit must be included quoted prices.
Noted and confirmed
30 Confirm acceptance of part order without any stipulation of
minimum order value/quantity. Accepted
31 Export permit/licence if required shall be supplier’s responsibility & any expenditure towards same will be borne by the supplier.
Accepted
32
Please confirm you have submitted declaration regarding holiday listing format given in the tender. In case you have been on holiday list declared by Bharat Petroleum Corporation Limited/MOP&NG/any other Oil PSEs, this should be clearly stated in the declaration. If this declaration is not furnished, the bid shall be rejected as non-responsive.
Noted and confirmed
33 Direct offer without the intermediary of an Indian Agent only
will be considered. Noted and confirmed
34
In case BPCL decides to obtain the prices through Reverse Auction Process (RA), e-sealed price bids will not be opened and tender would be finalized based on results of the RA. Bidder to confirm acceptance.
Noted and confirmed
35 Indicate the Tariff Number of the offered Item/s Noted and confirmed
36 Confirm BPCL holiday listing Policy for vendors. Referred web link given below: https://bharatpetroleum.in/pdf/holidaylistingpolicyfinal.pdf
Noted and confirmed
37 Whether the bidder have local content as per Purchase Preference Policy.
YES / NO
(Signature of Vendor with Company seal) Name of the Authorised Signatory : Designation : Date :
ANNEXURE - 8
DEVIATION FORM (TECHNICAL) SUBJECT : SUPPLY OF MULTI REACTOR CATALYST EVALUATION PILOT PLANT IN
BPCL CORPORATE R & D CENTRE, GREATER NOIDA.
REF. : CRFQ No. 1000297837, e-Tender No. 34304
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. No.
Annexure- No.
Clause No.
Requirement of the BPCL
SPECIFICATIONS
Deviations to the SPECIFICATIONS
Remarks
1 2 3 4 5 6
Vendor Signature of the authorized signatory : Name of the authorized signatory : Stamp & Date :
ANNEXURE - 9
DEVIATION FORM (COMMERCIAL) SUBJECT : SUPPLY OF MULTI REACTOR CATALYST EVALUATION PILOT PLANT IN
BPCL CORPORATE R & D CENTRE, GREATER NOIDA.
REF. : CRFQ No. 1000297837, e-Tender No. 34304
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. No.
Annexure- No.
Clause No.
Commercial terms and conditions
Deviations Remarks
1 2 3 4 5 6
Vendor
Signature of the authorized signatory : Name of the authorized signatory : Stamp & Date :
Annexure - 10
The Declaration should be produced on Vendor’s Letter Head.
PROFORMA OF DECLARATION OF HOLIDAY LISTING
SUBJECT : SUPPLY OF MULTI REACTOR CATALYST EVALUATION PILOT PLANT IN
BPCL CORPORATE R & D CENTRE, GREATER NOIDA.
REF. : CRFQ No. 1000297837, e-Tender No. 34304
----------------------------------------------------------------------------------------------------------------------------
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/MOP&NG/any other Oil PSEs, 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/MOP&NG/any other Oil PSEs, 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/MOP&NG/any other Oil PSEs, 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 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_______________
Page 1 of 1
Page 1 of 5
Annexure - 11
IINNTTEEGGRRIITTYY PPAACCTT
Between
BBhhaarraatt PPeettrroolleeuumm CCoorrppoorraattiioonn LLiimmiitteedd ((BBPPCCLL)) hheerreeiinnaafftteerr rreeffeerrrreedd ttoo aass ""TThhee PPrriinncciippaall"",,
AAnndd
…………………………………………………………………………………………….. hereinafter referred to as "The Bidder/
Contractor/ Supplier".
PPrreeaammbbllee
The Principal intends to award, under laid down organization procedures, contract/s for Tender for
“Supply of Multi Reactor Catalyst Evaluation Pilot Plant for BPCL Corporate R & D Centre, Greater
Noida” (CRFQ-1000297837, e-Tender No. 34304). 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.
Page 2 of 5
Section 2 - Commitments of the Bidder/ Contractor/ Supplier
((11)) TThhee BBiiddddeerr// CCoonnttrraaccttoorr// SSuupppplliieerr ccoommmmiittss iittsseellff ttoo ttaakkee aallll mmeeaassuurreess nneecceessssaarryy ttoo pprreevveenntt
ccoorrrruuppttiioonn.. HHee ccoommmmiittss hhiimmsseellff ttoo oobbsseerrvvee tthhee ffoolllloowwiinngg pprriinncciipplleess dduurriinngg hhiiss ppaarrttiicciippaattiioonn iinn tthhee
tteennddeerr pprroocceessss aanndd dduurriinngg tthhee ccoonnttrraacctt eexxeeccuuttiioonn..
aa)) TThhee BBiiddddeerr// CCoonnttrraaccttoorr// SSuupppplliieerr wwiillll nnoott,, ddiirreeccttllyy oorr tthhrroouugghh aannyy ootthheerr ppeerrssoonn oorr ffiirrmm,, ooffffeerr,,
pprroommiissee oorr ggiivvee ttoo aannyy ooff tthhee PPrriinncciippaall''ss eemmppllooyyeeeess iinnvvoollvveedd iinn tthhee tteennddeerr pprroocceessss oorr tthhee
eexxeeccuuttiioonn ooff tthhee ccoonnttrraacctt oorr ttoo aannyy tthhiirrdd ppeerrssoonn,, aannyy mmaatteerriiaall oorr iimmmmaatteerriiaall bbeenneeffiitt wwhhiicchh hhee//sshhee
iiss nnoott lleeggaallllyy eennttiittlleedd ttoo,, iinn oorrddeerr ttoo oobbttaaiinn iinn eexxcchhaannggee,, aannyy aaddvvaannttaaggee ooff aannyy kkiinndd wwhhaattssooeevveerr
dduurriinngg tthhee tteennddeerr pprroocceessss oorr dduurriinngg tthhee eexxeeccuuttiioonn ooff tthhee ccoonnttrraacctt..
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
IIff tthhee BBiiddddeerr,, bbeeffoorree ccoonnttrraacctt aawwaarrdd,, hhaass ccoommmmiitttteedd aa ttrraannssggrreessssiioonn tthhrroouugghh aa vviioollaattiioonn ooff SSeeccttiioonn 22 oorr
iinn aannyy ootthheerr ffoorrmm ssuucchh aass ttoo ppuutt hhiiss rreelliiaabbiilliittyy oorr ccrreeddiibbiilliittyy aass BBiiddddeerr iinnttoo qquueessttiioonn,, tthhee PPrriinncciippaall iiss
eennttiittlleedd ttoo ddiissqquuaalliiffyy tthhee BBiiddddeerr ffrroomm tthhee tteennddeerr pprroocceessss oorr ttoo tteerrmmiinnaattee tthhee ccoonnttrraacctt,, iiff aallrreeaaddyy
ssiiggnneedd,, ffoorr ssuucchh rreeaassoonn..
(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.
Page 3 of 5
(3) The Bidder accepts and undertakes to respect and uphold the Principal's absolute right to
resort to and impose such exclusion and further accepts and undertakes not to challenge or
question such exclusion on any ground, including the lack of any hearing before the decision
to resort to such exclusion is taken. This undertaking is given freely and after obtaining
independent legal advice.
(4) If the Bidder/ Contractor/ Supplier can prove that he has restored/ recouped the damage
caused by him and has installed a suitable corruption prevention system, the Principal may
revoke the exclusion prematurely.
Section 4 - Compensation for Damages
(1) If the Principal has disqualified the Bidder from the tender process prior to the award
according to Section 3, the Principal is entitled to demand and recover from the Bidder
liquidated damages equivalent to Earnest Money Deposit/Bid Security.
(2) If the Principal has terminated the contract according to Section 3, or if the Principal is entitled
to terminate the contract according to Section 3, the Principal shall be entitled to demand and
recover from the Contractor/ Supplier liquidated damages equivalent to Security Deposit/
Performance Bank Guarantee.
(3) The Bidder agrees and undertakes to pay the said amounts without protest or demur subject
only to condition that if the Bidder/ Contractor/ Supplier can prove and establish that the
exclusion of the Bidder from the tender process or the termination of the contract after the
contract award has caused no damage or less damage than the amount of the liquidated
damages, the Bidder/ Contractor/ Supplier shall compensate the Principal only to the extent
of the damage in the amount proved.
Section 5 - Previous Transgression
(1) The Bidder declares that no previous transgression occurred in the last 3 years with any other
Company in any country conforming to the TI approach or with any other Public Sector
Enterprise in India that could justify his exclusion from the tender process.
(2) If the Bidder makes incorrect statement on this subject, he can be disqualified from the tender
process or the contract, if already awarded, can be terminated for such reason.
Section 6 - Equal treatment of all Bidders/ Contractors/ Suppliers/ Subcontractors
(1) The Bidder/ Contractor/ Supplier undertakes to demand from all subcontractors a
commitment in conformity with this Integrity Pact, and to submit it to the Principal before
contract signing.
(2) The Principal will enter into agreements with identical conditions as this one with all Bidders,
Contractors/ Suppliers and Subcontractors.
(3) The Principal will disqualify from the tender process all Bidders who do not sign this Pact or
violate its provisions.
Page 4 of 5
Section 7 - Punitive Action Against Violating Bidders/ Contractors/ Suppliers/ Subcontractors
IIff tthhee PPrriinncciippaall oobbttaaiinnss kknnoowwlleeddggee ooff ccoonndduucctt ooff aa BBiiddddeerr,, CCoonnttrraaccttoorr,, SSuupppplliieerr oorr SSuubbccoonnttrraaccttoorr,, oorr ooff
aann eemmppllooyyeeee oorr aa rreepprreesseennttaattiivvee oorr aann aassssoocciiaattee ooff aa BBiiddddeerr,, CCoonnttrraaccttoorr,, SSuupppplliieerr oorr SSuubbccoonnttrraaccttoorr
wwhhiicchh ccoonnssttiittuutteess ccoorrrruuppttiioonn,, oorr iiff tthhee PPrriinncciippaall hhaass ssuubbssttaannttiivvee ssuussppiicciioonn iinn tthhiiss rreeggaarrdd,, tthhee PPrriinncciippaall
wwiillll iinnffoorrmm tthhee VViiggiillaannccee OOffffiiccee..
Section 8 - Independent External Monitors
(1) The Principal has appointed competent and credible Independent External Monitors for this
Pact. The task of the Monitor is to review independently and objectively, whether and to what
extent the parties comply with the obligations under this agreement.
(2) The Monitor is not subject to instructions by the representatives of the parties and performs
his functions neutrally and independently. He reports to the Chairperson of the Board of the
Principal.
(3) The Bidder/ Contractor/ Supplier accepts that the Monitor has the right to access without
restriction to all Project documentation of the Principal including that provided by the Bidder/
Contractor/ Supplier. The Bidder/ Contractor/ Supplier will also grant the Monitor, upon his
request and demonstration of a valid interest, unrestricted and unconditional access to this
project documentation. The same is applicable to Subcontractors. The Monitor is under
contractual obligation to treat the information and documents of the Bidder/ Contractor/
Supplier/ Subcontractor with confidentially.
(4) The Principal will provide to the Monitor sufficient information about all meetings among the
parties related to the Project provided such meetings could have an impact on the contractual
relations between the Principal and the Bidder/ Contractor/ Supplier. The parties offer to the
Monitor the option to participate in such meetings.
(5) As soon as the Monitor notices, or believes to notice, a violation of this agreement, he will so
inform the Management of the Principal and request the Management to discontinue or heal
the violation, or to take other relevant action. The Monitor can in this regard submit non-
binding recommendation. Beyond this, the Monitor has no right to demand from the parties
that they act in a specific manner, refrain from action or tolerate action. However, the
Independent External Monitor shall give an opportunity to the Bidder/ Contractor/ Supplier to
present its case before making its recommendations to the Principal.
(6) The Monitor will submit a written report to the Chairperson of the Board of the Principal
within 8 to 10 weeks from the date of reference or intimation to him by the 'Principal' and,
should the occasion arise, submit proposals for correcting problematic situations.
(7) If the Monitor has reported to the Chairperson of the Board a substantiated suspicion of an
offence under relevant Anti-Corruption Laws of India, and the Chairperson has not, within
reasonable time, taken visible action to proceed against such offence or reported it to the
Vigilance Office, the Monitor may also transmit this information directly to the Central
Vigilance Commissioner, Government of India.
(8) The word 'Monitor' would include both singular and plural.
Page 5 of 5
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
((11)) TThhiiss aaggrreeeemmeenntt iiss ssuubbjjeecctt ttoo IInnddiiaann LLaaww.. PPllaaccee ooff ppeerrffoorrmmaannccee aanndd jjuurriissddiiccttiioonn iiss tthhee
RReeggiisstteerreedd OOffffiiccee ooff tthhee PPrriinncciippaall,, ii..ee.. MMuummbbaaii.. TThhee AArrbbiittrraattiioonn ccllaauussee pprroovviiddeedd iinn tthhee mmaaiinn
tteennddeerr ddooccuummeenntt// ccoonnttrraacctt sshhaallll nnoott bbee aapppplliiccaabbllee ffoorr aannyy iissssuuee// ddiissppuuttee aarriissiinngg uunnddeerr
IInntteeggrriittyy PPaacctt..
(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)
BUSINESS RULES FOR ON LINE REVERSE AUCTION
Page 1 of 11
Annexure-12
(BASIC DETAILS)
Buyer Name
Bharat Petroleum Corporation Ltd. (CPO Refineries) Mumbai.
Service Provider Details
M/s. Phone No. : Fax No. : Company Website: Intimated later
Date & Time of Auction
Auction Date : Will be intimated later Online Reverse Auction Time : Will be intimated later (**Limited/ Unlimited extensions ) Auction Website: Will be intimated later
Documents Attached
1) Business rule for reverse auction 2) Terms & conditions of reverse auction 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.
BUSINESS RULES FOR ON LINE REVERSE AUCTION
Page 2 of 11
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.
BUSINESS RULES FOR ON LINE REVERSE AUCTION
Page 3 of 11
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
BUSINESS RULES FOR ON LINE REVERSE AUCTION
Page 4 of 11
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
BUSINESS RULES FOR ON LINE REVERSE AUCTION
Page 5 of 11
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.
BUSINESS RULES FOR ON LINE REVERSE AUCTION
Page 6 of 11
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.
BUSINESS RULES FOR ON LINE REVERSE AUCTION
Page 7 of 11
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
BUSINESS RULES FOR ON LINE REVERSE AUCTION
Page 8 of 11
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 –
BUSINESS RULES FOR ON LINE REVERSE AUCTION
Page 9 of 11
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:
BUSINESS RULES FOR ON LINE REVERSE AUCTION
Page 10 of 11
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]
BUSINESS RULES FOR ON LINE REVERSE AUCTION
Page 11 of 11
BHARAT PETROLEUM CORPORATION LIMITED
Central Procurement Organisation (Refineries)
SUBJECT: SUPPLY OF MULTI REACTOR CATALYST EVALUATION PILOT PLANT IN BPCL
CORPORATE R & D CENTRE, GREATER NOIDA.
REF. : CRFQ No. 1000297837, e-Tender No. 34304
ACCEPTANCE OF BUSINESS RULES FOR ON LINE REVERSE AUCTION (Annexure-12)
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.
Date : Signature of Authorised Signatory
with Name & designation and Co. Seal.
Name & full address of the Firm :
M/s. _______________________
Annexure – 13
SUBJECT: SUPPLY OF MULTI REACTOR CATALYST EVALUATION PILOT PLANT IN BPCL
CORPORATE R & D CENTRE, GREATER NOIDA
REF. : CRFQ No. 1000297837, e-Tender No. 34304
PURCHASE PREFERENCE POLICY LINKED WITH LOCAL CONTENT (PP-LC) –
(Attached)
Page 1 of �
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Annexure – 15
SUBJECT: SUPPLY OF MULTI REACTOR CATALYST EVALUATION PILOT PLANT IN BPCL
CORPORATE R & D CENTRE, GREATER NOIDA.
REF. : CRFQ No. 1000297837, e-Tender No. 34304
PRICE BID.
Bidders has to fill Unit Price in BPCL e-Procurement Portal
as per format.
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