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Page 1 of 3 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)

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Page 1: BHARAT PETROLEUM CORPORATION LIMITED · Programmable Logic Controller (PC-PLC) based control system with automatic gas and liquid sampling system. The plant operation, control, data

Page 1 of 3

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)

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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.

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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.

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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.

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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.”

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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 :

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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 8: BHARAT PETROLEUM CORPORATION LIMITED · Programmable Logic Controller (PC-PLC) based control system with automatic gas and liquid sampling system. The plant operation, control, data

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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 9: BHARAT PETROLEUM CORPORATION LIMITED · Programmable Logic Controller (PC-PLC) based control system with automatic gas and liquid sampling system. The plant operation, control, data

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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

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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.

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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: _______________________

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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: _______________________

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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.

Page 14: BHARAT PETROLEUM CORPORATION LIMITED · Programmable Logic Controller (PC-PLC) based control system with automatic gas and liquid sampling system. The plant operation, control, data

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

Page 15: BHARAT PETROLEUM CORPORATION LIMITED · Programmable Logic Controller (PC-PLC) based control system with automatic gas and liquid sampling system. The plant operation, control, data

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

Page 16: BHARAT PETROLEUM CORPORATION LIMITED · Programmable Logic Controller (PC-PLC) based control system with automatic gas and liquid sampling system. The plant operation, control, data

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

Page 17: BHARAT PETROLEUM CORPORATION LIMITED · Programmable Logic Controller (PC-PLC) based control system with automatic gas and liquid sampling system. The plant operation, control, data

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

Page 18: BHARAT PETROLEUM CORPORATION LIMITED · Programmable Logic Controller (PC-PLC) based control system with automatic gas and liquid sampling system. The plant operation, control, data

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

Page 19: BHARAT PETROLEUM CORPORATION LIMITED · Programmable Logic Controller (PC-PLC) based control system with automatic gas and liquid sampling system. The plant operation, control, data

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

Page 20: BHARAT PETROLEUM CORPORATION LIMITED · Programmable Logic Controller (PC-PLC) based control system with automatic gas and liquid sampling system. The plant operation, control, data

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

Page 21: BHARAT PETROLEUM CORPORATION LIMITED · Programmable Logic Controller (PC-PLC) based control system with automatic gas and liquid sampling system. The plant operation, control, data

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

Page 22: BHARAT PETROLEUM CORPORATION LIMITED · Programmable Logic Controller (PC-PLC) based control system with automatic gas and liquid sampling system. The plant operation, control, data

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

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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

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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:

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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

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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.

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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.

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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.

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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.

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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.

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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.

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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,

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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.

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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.

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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.

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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.

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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:

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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.

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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,

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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.

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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

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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:

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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

*********************

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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

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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

*********************

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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 _______________________

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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

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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.

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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.

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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.

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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 :

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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

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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

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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.

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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

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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.

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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.

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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.

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Annexure I

PERFORMANCE BANK GUARANTEE

(On Non-judicial paper for appropriate value)

To,

Bharat Petroleum Corporation Limited

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

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

Dear Sir,

In consideration of the Bharat Petroleum Corporation Limited, (hereinafter called ‘the Company’

which expression shall include its successors and assigns) having awarded to M/s. (Name)

………. (Constitution)………….. (address) ……….(hereinafter referred to as “The vendor”

which expression shall wherever the subject or context so permits include its successors and

assigns) a supply contract in terms interalia, of the Company’s Purchase order No…….. dated

………. and the General and Special Purchase Conditions of the Company and upon the

condition of vendor’s furnishing security for the performance of the vendor’s obligations and/or

discharge of the vendor’s liability under and / or in connection with the said supply contract upto

a sum of Rs.(in figures)…………..Rs(in words)…………………………only amounting to 10%

(ten percent)of the total contract value.

We, (Name)…………..(constitution) ……………(hereinafter called “the Bank” which

expression shall include its successors and assigns) hereby jointly and severally undertake and

guarantee to pay to the Company in -----(Currency) forthwith on demand in writing and without

protest or demur of any and all moneys any wise payable by the Vendor to the Company under in

respect of or in connection with the said supply contract inclusive of all the Company’s losses and

expenses and other moneys anywise payable in respect to the above as specified in any notice of

demand made by the Company to the Bank with reference to this Guarantee upto an aggregate

limit of Rs(in figures)…………Rs(in words)……………………….only.

AND the Bank hereby agrees with the Company that

i. This Guarantee/undertaking shall be a continuing guarantee and shall remain valid

and irrevocable for all claims of the Company and liabilities of the vendor arising

upto and until midnight of …………………………………..

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.

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ii. The Company shall be at liability without reference to the Bank and without effecting

the full liability of the Bank hereunder to take any other security in respect of the

vendor’s obligations and /or liabilities under or in connection with the said supply

contract and to vary the terms vis a vis the vendor of the said supply contract or to

grant time and / or indulgence to the vendor or to reduce or to increase or otherwise

vary the prices of the total contract value or to release or to forbear from enforcement

all or any of the obligations of the vendor under the said supply contract and / or the

remedies of the Company under any other security(ies) now or hereafter held by the

Company and no such dealing(s), variation(s), reduction(s), increase(s) or the

indulgence(s) or arrangement(s) with the vendor or release or forbearance whatsoever

shall have the effect of releasing the Bank from its full liability to the Company

hereunder or of prejudicing rights of the Company against the Bank.

iv. This Guarantee /Undertaking shall not be determined by the liquidation or winding up

ordissolution or change of constitution or insolvency of the vendor but shall in all respects and for

all purposes be binding and operative until payment of all moneys payable to the Company in

terms hereof.

v. The Bank hereby waives all rights at any time inconsistent with the terms of the Guarantee /

Undertaking and the obligations of the Bank in terms hereof shall not be anywise affected or

suspended by reason of any dispute or disputes having been raised by the vendor (whether or not

pending before any Arbitrator, officer, Tribunal or Court) or any denial of liability by the vendor

or any other order of communication whatsoever by the vendor stopping or preventing or

purporting to stop or prevent any payment by the Bank to the Company in terms hereof.

vi. The amount stated in any notice of demand addressed by the Company to the Guarantor as

liable to be paid to the Company by the vendor or as suffered or incurred by the Company on

account of any losses or damages of costs, charges and or expenses shall as between the Bank and

the Company be conclusive of the amount so liable to be paid to the Company or suffered or

incurred by the Company, as the case may be and payable by the Guarantor to Company in terms

hereof.

Yours faithfully,

(Signature)

NAME & DESIGNATION

NAME OF THE BANK

NOTES:

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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

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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 :

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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

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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

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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 :

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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 :

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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 :

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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

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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.

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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.

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(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.

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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.

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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)

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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.

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GENERAL TERMS & CONDITIONS

Against this Enquiry for the subject item/system with detailed scope of supply as per our specification, BPCL, CPO Refineries, Mumbai may resort to “Online Reverse Auction Mode” i.e. ONLINE BIDDING on INTERNET.

1. For the proposed Reverse Auction, technically and commercially acceptable bidders only shall be eligible to participate.

2. BPCL has engaged the services of a Service Provider, who will provide all necessary training and assistance before commencement of on line bidding on Internet.

3. BPCL will inform the bidders in writing, the details of the Service Provider in case of Reverse Auction, so as to enable them to contact the Service Provider and get trained.

4. Information like the Business rules, Reverse Auction event date, time, start price, bid decrement, extensions, etc. also will be communicated through the Service Provider for the compliance of the bidders.

5. Bidders have to email a scanned copy of the Process Compliance Form (Appendix - II) in the prescribed (provided by service provider) before start of Online Reverse Auction. Without this Compliance form, the bidders will not be eligible to participate in the online event.

6. BPCL will provide the calculation sheet (e.g.: EXCEL sheet) which will help to arrive at “total effective Cost to BPCL” for each the bidders to enable them to fill-in the price and keep it ready for keying in during the Reverse Auction.

7. Online Reverse Auction will be conducted on schedule date & time.

8. At the end of Reverse Auction event, the lowest bidder value will be known on the network for each item at each location.

9. The lowest bidder has to email a scanned copy of the price break-up duly signed, filled in prescribed format (as per BPCL’s price excel sheet format), as provided on case-to-case basis, to BPCL through Service Provider within 24 hours of the Reverse Auction without fail.

10. Any variation between the on-line bid value and signed document will be considered as sabotaging the tender process and will invite disqualification of bidder to conduct business with BPCL as per prevailing procedure.

11. Bidders shall note that in case BPCL conducts the Reverse Auction and finalizes this tender, the Sealed Priced-Bids submitted with the offer will not be opened.

12. In case BPCL decides not to conduct Reverse Auction, the Sealed Priced-Bids submitted with the offer, along with price impacts (if any) already available with BPCL, shall be opened as per BPCL standard practice for finalization of the tender.

13. Similarly, if for any unforeseen reason the Reverse Auction is conducted by BPCL for this particular tender and the results are found to be inconclusive by BPCL, then BPCL may open the Sealed Priced-Bids submitted with the offer, along with price impacts (if any) already available with BPCL, and finalize the tender as per BPCL standard practice.

14. Only those vendors, who submit their Process Compliance Form, will be eligible to participate in the Online English Reverse Auction.

15. The Reverse Auction will be treated as closed only when the bidding process gets closed in all respects for the items listed in the tender.

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MODALITY FOR FINALIZATION OF THE PROCUREMENT BPCL may finalize the procurement of the item against this Tender through online Reverse Auction mode. BPCL shall make arrangement with. (Name of the Service Provider), who shall be BPCL’s authorized Service Provider(SP) for the same. Please go through the guidelines given below and submit your acceptance to the same along with your Commercial Bid. 1. Computerized reverse auction shall be conducted by BPCL, on pre-specified date, while

the vendors shall be quoting from their own offices / place of their choice. Internet connectivity & other necessary requirements like power backup etc. shall have to be ensured by vendors themselves. In order to ward-off such contingent situation where the vendors are not able to bid for any of the above reason, they are requested to make all the necessary arrangements / alternatives whatever required so that they are able to circumvent such situation and still be able to participate in the reverse auction successfully. Failure of power / problem in Internet connectivity at the premises of vendors during the Online Reverse auction cannot be the cause for not participating in the reverse auction. On account of this, the time for the auction cannot be extended and neither BPCL nor SP is responsible for such eventualities.

2. Service provider shall arrange to train your nominated person (s), without any cost to you. They shall also explain you, all the Rules related to the Reverse Auction / Business Rules to be adopted along with the calculation sheet in excel format. You are required to give your compliance on it at least 24 hours before the start of bid process.

3. Material for Bid: Respective CRFQ No._____

4. Starting price & Bid Decrement: The start price applicable in the Online Reverse Auction for described item shall be visible to all bidders on their screen. (i.e. Starting basic Cost and bid decrement value will be displayed). This start price will be derived through BPCL’s internal estimation processes.

5. Bidding Currency & Unit of Measurement: Bidders will enter price in their respective currency while evaluation will be conducted in Indian Rupees (INR) & the Unit of Measurement will be per Meter The price bid placed during the Online Reverse Auction shall be the price of respective CRFQ.

6. Bid Price: The Bidder has to quote as per excel sheet provided by BPCL.

The bidders are requested to note that the ranking would be generated on the condition that the bid submitted by the bidder is confirming to the Starting price & Minimum Decrement Value.

Calculation sheet in excel format to arrive at the Total Effective Cost to BPCL will be provided by Service provider.

7. The technical & commercial terms are as per respective CRFQ , Vendors’ technical and commercial bid and subsequent correspondences between BPCL and the vendors regarding commercial terms & conditions.

8. Validity of Bids: As per BPCL respective CRFQ doc. & agreed terms 9. Delivery: As per BPCL Respective CRFQ doc. & agreed terms

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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

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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.

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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.

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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

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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 –

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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:

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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]

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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. _______________________

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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)

 

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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.