pwrjm13062-emergency escape set

7/28/2019 Pwrjm13062-Emergency Escape Set

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Enq.Due on:29.05.2013 15:00hrs IST

_________________________________________________________________SINGLE BID / TWO BID

Of f er Ref . . . . . . . . . .Dat e. . . . . . . . . . . . . . .

Dear Si r ,

We shal l be gr at ef ul t o r ecei ve your quot at i on f i l l ed i n t he copy of t hi s enqui r yf or t he suppl y of f ol l owi ng i t ems.

Sr.no.Item Code and Unit Qty Unit Price

Description (tobe filled)

In fig&words

GROUP: 1

EMERGENCY KI TS, OTHER TYPESSUB/ COLUMN HEADER: NOT REQUI RED

0010 9542302064 EA 38.000 |.....

each

EMERGENCY ESCAPE SET (15 MINS DURATION)

ITEM TEXT

As per t echni cal speci f i cat i ons encl osed at Annexur e- I

BREAKUP OF QUANTITY

SMPL - GJ : 10.000EAKBPL - Kandla : 10.000EA

KAPL- Koyali Ahmedabad Pipeli : 18.000EA

Si gnat ur e of Vendor wi t h Of f i ce Seal

PAGE 1 OF 6

ENQUIRY CUM OFFER

Enquiry No.:PWRJM13062/1928860

Date:07.05.2013


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_________________________________________________________________I mpor t ant :

1. You ar e r equested t o f i l l t hi s f ormat i n al l r espect s and f orward us Sealed cover so as to

reach us on the due date .This tender will be opened at 15 Hrs. IST on the due date. Enquiry No.& Due

date must be SUPERSCRIBED on the envelope to avoid any outright rejection.

2. Pl ease see our t erms and condi t i ons and ment i on devi ati on , i f any, seperat el y.3. Conf i r m whet her t he tender er i s a rel at i ve of any Di r ector of I OCL or t he tender er i s a f i r m

i n whi ch Di r ect or( s) of I OCL or hi s r el at i ve i s a par t ner or t ender er i s a company i n whi ch any

Di r ector, or hi s r el at i ve i s a member or Di r ector. ( I f desi r ed, Li st of I OCL Di r ectors can be r ef er r ed

i n I OCL Websi t e) ( YES/ NO)

(If YES, details are to be furnished.)

4.Vendors are required to fill up details of Terms and Conditions and Taxes in the format

attached as last page.

5. The t enderer s shoul d r espond t o the t ender ei t her by submi t t i ng t hei r bi d or by expl ai ni ng t he

r eason f or non- submi ssi on of t he of f er . I n case, t her e i s no r esponse ei t her way cont i nuousl y f or

t hree t i mes, names of such t ender ers may be removed f r om t he vendor l i st .

6. I f t he bi dder i s r egi st er ed wi t h NSI C under Mi ni st r y of Mi cro, Smal l and Medi um ent er pr i ses,

t hen, t he bi dder shal l encl ose t he copy of t he r ecent val i d NSI C cer t i f i cat e wi t hout f ai l . The det ai l sof t he sameare t o be ment i oned i n t hi s page.

DOCUMENT TEXT

Cutting and corrections in the bid document should be avoided and if it is

unavoidable, it should be kept at the bare minimum and it should be neatly cut

and re-written without over-writing and use of white fluid. All corrections

should be duly signed by the Tenderer. Overwriting and/or erasing with or by the

application of correcting (white)/ erasing fluid(s) for correcting the rates is

banned. Where ever the rates are corrected with white/erasing fluid, the bids

will be summarily rejected.

The of f er shoul d be submi t t ed i n t wo par t s i . e. Par t I - Techni cal Li t er at ure

Catal ogue, Pamphl et s et c. & commerci al t erms and upl oadi ng as per t he t enderi nstr ucti ons. Part II - Price Bid to be uploaded as per the downloaded BOQ(Schedule of Rates) without any change in format. Bi ds shal l be eval uat ed oni t emwi se l owest basi s. Bi dder s ar e r equest ed t o quot e f or t he f ul l quant i t y asper BOQ.

EARNEST MONEY DEPOSI T : EMD of Rs. 16,500/- (Refundable) shal l be submi t t ed in


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ENQUIRY CUM OFFER


Date:07.05.2013


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the form of Demand Draft dr awn i n f avour of I ndi an Oi l Cor por at i on Li mi t ed. ,payabl e at RAJ KOT. Bi dder must ensur e t hat t he DD agai nst EMD are r ecei ved byI OCL bef ore t echno- commerci al bi d openi ng schedul e ( as i ndi cat ed i n t heNI T) . Of f er r ecei ved wi t hout t he r equi si t e EMD shal l be l i abl e f or r ej ecti on.Submi ss i on of EMD i s exempt ed f or NSI C Regi st ered Vendor s. Vendor s ar e r equi r edt o submi t a val i d NSI C Regi st r at i on Cer t i f i cat e, dul y at t est ed by compet ent

aut hor i t y, i n or der t o be el i gi bl e f or above exempt i ons. However i n case t he NSI CCer t i f i cat e has been i ssued f or any ot her pr oduct ot her t hat what i s bei ngpr ocur ed agai nst t hi s Tender , t he exempt i on i s not appl i cabl e.

Val i di t y of of f er : Of f er shoul d be val i d f or 4 mont hs f r om due dat e.

DELI VERY : Mat eri al t o be di spat ched by r oad on f r ei ght pai d door del i ver y basi st hrough any Bank approved t r anspor t er t o t he f ol l owi ng consi gnee addr ess:

For I t em No. 01 ( 10 No. )

I ndi an Oi l Cor por at i on Li mi t ed

Wester n Regi on Pi pel i nesMor bi Road, GauridadRaj kot , Guj ar at - 360 003

For I t em No. 01 ( 10 No. )

I ndi an Oi l Cor por at i on Li mi t edWester n Regi on Pi pel i nesPhagi Road, PO : CHAKSUDI STT: J AI PUR,RAJ ASTHAN - 303 901

For I t em No. 01 ( 18 No. )

I ndi an Oi l Cor por at i on Li mi t edWester n Regi on Pi pel i nesP. O. J awahar Nagar , VadodaraGuj arat - 391 320


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ENQUIRY CUM OFFER


Date:07.05.2013

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Del i ver y Peri od: Wi t hi n 8 weeks f r omt he dat e of Pur chase Or der .

Physical Bids sent through Fax/E-mail/Courier/Post will not be acceptable.

Bidder(s) are advised to quote strictly as per terms and conditions of the tender

documents for e-bidding and not to stipulate any deviations/exceptions.

Tenderer t o submi t t he f ol l owi ng ( al so speci f i ed i n t he I nst r uct i on t o t heTenderer s, changed t o t he ext ent of e- t ender i ng - pl ease r ef er Addendum t oI nst r uct i on t o Tender er s) :

1. Document s as per Not i ce I nvi t i ng Tender ( I mpor t ant Tender Condi t i ons)a) Cat al ogue & Li t er at ur e f or i t emb) Suppl y Recor d f or t he i t emc) Document ary proof s i n suppor t of Annual Tur nover and Si ngl e Or der val ue ( f orsi mi l ar i t em) as per col umn 5 of NI T2. Dul y si gned For m of Tender .3. Dul y f i l l ed Schedul e of I nspecti on.4. Cust omer r ef er ence l i st f or si mi l ar equi pment / mat er i al f or l ast t hr ee year s.

5. Decl ar at i on r egar di ng r el at i onshi p wi t h Di r ect or s of I ndi an Oi l Cor por at i on asper Annexur eat t ached.6. Dul y f i l l ed Commer ci al Checkl i st .7. Dul y si gned t echni cal speci f i cat i on.8. Schedul e of Rat es ( BOQ) i n t he pr escr i bed f or m ( unpr i ced & pr i ced) . In case ofFreight for Multiple Location, the same (in percentage of basic price) may be

indicated in unpriced format.

Applicable Taxes & Duties also may be indicated in unpriced format

Normal l y Devi at i on t o our General Ter ms & Condi t i ons i s not acceptabl e. Howeveri n case of any devi at i on t he same t o be i ndi cat ed cl ear l y i n a separ at e sheet ofpaper .

Tenderer t o conf i r m t o al l our Techni cal Speci f i cat i ons. Al l Dat a Sheet s andannexur es t o t he Tender t o be f i l l ed i n and one copy of al l speci f i cat i ons to bedul y s i gned and st amped as a t oken of your accept ance t o conf i r m t o ourspeci f i cat i ons. I n case of any devi at i ons t he same t o be cl ear l y i ndi cat ed i n aseparate sheet of paper .


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ENQUIRY CUM OFFER


Date:07.05.2013

_________________________________________________________________________________


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I ndi an Oi l Cor por at i on Li mi t ed r eserves the r i ght t o accept or r ej ect any t enderi n par t or f ul l wi t hout assi gni ng any reason what soever .

I ncompl ete t ender s whi ch ar e not accompani ed wi t h al l t he requi r ed Document s andCondi t i ons ar e l i abl e f or r ej ect i on wi t hout assi gni ng any reason t her eof .

The unpr i ced Bi ds shal l be opened on t he date & t i me ment i oned i n t he TenderNot i ce. The pr i ced of f er of onl y t ender er s whose unpr i ced of f er s ar e f oundt echni cal l y sui t abl e shal l be opened subsequent l y.

ENCLOSURES

1. Techni cal Speci f i cat i ons2. Commer ci al Checkl i st ( I ndi genous)3. I nst r uct i on t o t he Tender er s & Speci al I nst r uct i ons4. General Condi t i ons of Pur chase5. Decl ar at i on of Rel at i onshi p wi t h Di r ect or s of I ndi an Oi l Cor por at i on Lt d.6. For m of Tender ( I ndi genous)

7. Schedul e of I nspect i on8. Cust omers r ef erence9. Prof orma of Bank Guar ant ee ( Per f ormance)10. Schedul e of Rates/ BOQ ( as a separat e f ol der )

The t ender s wi l l be opened i n the pr esence of bi dder s, who desi r e to be pr esent ,at 15. 00 Hr s I ST on t he schedul ed due date.

Yours faithfully,

For and on behalf of

I NDI AN OI L CORPORATI ON LTD.

( Aut hori sed Si gnat ory)


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ENQUIRY CUM OFFER


Date:07.05.2013

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page 6 of 6

( Cont d)ENQUIRY CUM OFFER


Date:07.05.2013

Enq.Due on:29.05.2013 15:00hrs IST

_________________________________________________________________

Format for Details of Terms & conditions to be Filled By Vendor

Of f er Ref . . . . . . . . . . . . . . . . . . Dat e. . . . . . . . . .Exci se Regi st r at i on No:ECC NO: AWAITEDVAT Regi st r at i on No. ( TI N No. ) :NSI C Regi st r at i on No f or SSI Uni t sTel ephone No. Pr i ce basi s:Fax No. Free Del i ver y at - I OCL/Emai l F. O. R/ EX- WORKS: . . . . . . . . .Del i ver y Days . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Of f er Val i d Ti l l . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Payment Ter ms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

NOTE: - VENDOR TO I NDI CATE FOLL. CHARGES AS EXTRA OR INCLUSIVE ALONGWI TH PERCENTAGEOF BASI C PRI CE. IF NOTHING IS MENTIONED PRICES SHALL BE TREATED AS INCLUSIVE .

Exci se Dut y Tar i f f &Rat es . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sal es Tax/ VAT. . . . . . . . . . . . . . . . . . . . ( I n Case of VAT f urni sh TI N No. )

Packi ng&For war di ng% . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I nspect i on char ge% of t hi r d par t y. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Fr ei ght %. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Oct roi %. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Tr ansi t I nsur ance%. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Di scount % On basi c uni t pr i ce. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Pr i ce qout ed ar e as per DGS&D r at e cont r act . . . . . . . . . . . . . . . . . . . .

Si gnatur e of Vendor wi t h Of f i ce Seal


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16. In case of Electronic transfer, the details of the deposit (Name of the Bank.Transaction details etc.) shall be furnished by the bidder in the technicaloffer/unpriced bid.

17. If EMD amount is more than ` 1,00,000, equivalent USD, EMD shall be accepted

in the form of Bank Guarantee also. Validity of BG in lieu of EMD shall be 3months beyond bid validity.

18. Wherever, EMD is asked for in the tender, offers received without EMD shall beliable for rejection.

19. Earnest Money shall be forfeited in the following circumstances:

19.1. In case the tenderer alters / modifies / withdraws the bid suo-moto after openingthe bids (Technical bids in case of two bid system) and within the validity period.In such a case, the tender submitted by the tenderer shall be liable to berejected.

19.2. In case the tender is accepted and the vendor fails to deposit the performance

bank guarantee

20. The sealed tender must reach the tender receiving authority at the addressspecified before time limit specified therein. Any tender received by owner afterthe date and time for submission of tender prescribed in the tender will be liablefor rejection.

21. The main price bid will be considered for evaluation and no cognizance will begiven to the supplementary /supporting documents attached to the price bid asbreakup of prices.

22. Corrections and alterations

22.1. Correction /alteration should be avoided however if become unavoidable thenentry to be corrected /altered should be neatly cancelled by drawing a linethrough it and making clearly and neatly the revised/corrected entry as close to

the cancelled entry as possible and unambiguously authenticated by the tendererby his full signature.

22.2. Overwriting and/or erasing with or by the application of correcting(white)/erasingfluid(s) for correcting the rates is banned. Wherever the rates are corrected withwhite /erasing fluid, the bids will be summarily rejected.

23. Rates to be quoted in Figures and Words

23.1. Tenderers shall quote in firm figures on terms and condition of tender andwithout addition, subtraction, amendment or substitution or other deviationthere from and without inter-partition of any other sale condition(s) of the tenderqualification. Tenders containing qualifying expressions such as Subject tominimum acceptance or subject to prior sale etc. shall be liable fordisqualification. Each figure stated shall also be repeated in words, If some

discrepancies are found between the rates given in words and figures of theamount shown in the tender, the following procedure shall be applied :


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23.1.1. When there is a difference between the rates in figures and words, the rate whichcorresponds to the amount worked out by the tenderer shall be taken as correct.

23.1.2. When the rate quoted by the tenderer in figures and words tallies but the amountis incorrect, the rate quoted by the tenderer shall be taken as correct.

23.1.3. When it is not possible to ascertain the correct rate in the manner prescribedabove the rate as quoted in words shall be adopted.

24. Date of delivery

24.1. In case of ex-works / FOR destination contract , the date of L/R /receipt at siteshall be considered as date of delivery.

24.2. In case of FOB /C&F contract, the date of Bill of Lading will be reckoned as dateof delivery

25. Addenda

25.1. Addenda to the tender documents may be issued prior to the date of opening ofthe tender /price bid to clarify/ modify specification, requirement or tenderterms. All such addendum will form part of tender documents.

26. Tender document shall consist of the following:i) Notice inviting tenderii) Checklist for biddersiii) Instruction to Tenderersiv) General conditions of purchasev) Form of tendervi) Specifications

vii) Schedule of rates/ Enquiry cum offerviii) Schedule of inspectionix) Customers reference

x) Any other documents which may be of interest to the purchaser.

27. Tender is liable for rejection if the tenderer does not fill in and sign the requiredAnnexures, specifications, etc. as specified in the tender.

28. Tender is liable for rejection if the tenderer submits unacceptable terms andconditions.

29. Tender is liable for rejection if the tenderer submits offer which is not accordingto our format.

30. Validity of offer

30.1. The validity of irrevocable offer shall be at least 4 months from date of openingof techno-commercial bid.

30.2. Tender is liable for rejection if the tenderer Stipulates the validity period lessthan what is stated in the Tender Form.


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30.3. In case the tenderer alters / modifies / withdraws the bid suo-moto after openingthe bids (Technical bids in case of two bid system) and within the validity period,the tender submitted by the tenderer shall be liable to be rejected

30.4. In exceptional circumstances, the owner may solicit vendors consent for anextension of the period of validity of offer without any deviation including changein the prices. In such cases the vendor has to extend the validity of offer and

EMD without alteration of price or can withdraw his offer. If the tenderer stilldeviates or changes price, the offer will be rejected..

30.5. The owner reserves the right to reject the offer(s) in case tenderer(s) give suomoto increase and not to consider suo moto reduction for evaluation.

30.6. After opening of price bid, if a vendor increases the price, though within thevalidity period and even though the offer remains lowest, the bid will be rejected,the EMD will be forfeited and bidder debarred (Holiday listed) for futureenquiries.

30.7. Suo-moto increase in price or withdrawing of offer within the validity period shall

not be allowed and action shall be taken to Holiday List the vendor

31. Earnest Money Deposit (EMD)

31.1. The tenderer as a condition for consideration of the tender shall furnish BIDSECURITY (Earnest Money Deposit) in the form of demand draft / Bankers PayOrder drawn on a local Bank in favour of Indian Oil Corporation Ltd.

31.2. Bank Guarantee (format enclosed in tender document) from any scheduled bankoperating in India may be furnished in lieu of if the amount of Earnest MoneyDeposit is not less than `100,000/- (Rupees One hundred thousand only) or

equivalent USD value as per terms and conditions of tender notice/NIT withoutwhich the offer will be considered as non-responsive and rejected.

31.3. The branch issuing the Bank Guarantee shall be situated in India.

31.4. EMD for Foreign bidder is accepted only In EURO /US Dollar /UK Pound

equivalent to the US Dollar value indicated in the tender notice.

31.5. EMD for Indian bidders is accepted only in Indian Rupees.

31.6. In case of Single bid system, the bidder should submit EMD in a separate cover(not along with the techno-commercial bid).

31.7. Tender is liable for rejection if the tenderer Does not submit acceptableinstruments towards EMD along with technical/commercial (unpriced) bid, butsubmits with the price bid in the case of Two Bid System of Tendering.

31.8. The Bidders can remit the tender fee and EMD by way of SWIFT transfer also.The bidders should submit a copy of their Bankers SWIFT message copy as proofof remittance of tender fee/ EMD in a separate envelope in UNPRICED BID. Bidsreceived without a copy of SWIFT MESSAGES (in case of payment by SWIFTtransfer) are liable to be rejected.


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31.9. Our bank details are as under:

Beneficiary Name : INDIAN OIL CORPORATION LIMITED - PIPELINESDIVISION

Account No 00000010813605396

Beneficiary Bank : STATE BANK OF INDIA, CAG BRANCH.11TH FLOOR, JAWAHAR VYAPAR BHAWAN,1, TOLSTOY MARG, JANPATH.

City NEW DELHI

Country INDIA

SWIFT bank identifierCode:

SBININBB172

31.9.1. Remittance information should contain: Name of the tenderer, Tender No. &purpose- Tender Fee / EMD

31.9.2. Please attach a copy of your SWIFT message with the tender documents forreference.

31.10. The EMD will be forfeited under the following instances:

31.10.1.In case the tenderer alters / modifies / withdraws the bid suo-moto after openingthe bids (Technical bids in case of two bid system) and within the validity period.

31.10.2.Successful bidder, if fails to:

i) Furnish performance guarantee in form of security depositii) Accept the purchase order

32. Disclosure on Relationship with Director

32.1. The Vendor is required to state in his offer (as per Annexure-?) whether he is arelative of any Director of Indian Oil Corporation Limited or the vendor is a firmin which any Director of Indian Oil Corporation Limited or his relative is a partneror the vendor is a private company in which any director of Indian OilCorporation Ltd. is a member or Director

33. Tenderer shall clearly indicate their legal constitution and the person signing thetender shall state his capacity as also the source of his ability to bind thetenderer. The Power of Attorney or Authorization, or other documentconstituting adequate proof of the ability of the signatory to bind the tenderer,shall be annexed to the tender. The owner may reject out right any tenderunsupported by adequate proof of the signatorys authority.

34. Tender is liable for rejection if the tenderer does not disclose the full names andaddresses of all his partners or Directors as applicable wherever called for in thetender.


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35. Where the tender/offer is made by a consortium, the members of consortiumshall nominate or appoint a leader amongst them in the consortium agreementitself by whom and/or whose behalf the tender/offer is being made, as shall alsoindicate with reference to each, whether such member is manufacturer of theitems tendered for or not, and if manufacturer, to what extent the itemstendered are to be manufactured by it/him. In the event of any equipments

intended to be supplied by manufacturer, wherever not party to the consortium,the tenderer shall also specifically indicate the proposed source ofmanufacturer(s) of the relative equipments as also the member of theconsortium with authority to bind the said manufacturer(s) and shall beaccompanied by proof of such authority. All dealing had with and / or all acts,deeds, matters, things done by or payment made to and invoices /documentsdrawn and/or negotiated by the leader of the consortium or the purchaser /ownershall be binding upon each member of the consortium. Each member of theconsortium shall be jointly and severally liable to the owner in respect of allliabilities and obligation of the vendor as per contract.

36. In all cases where the tenderer is not a manufacturer, the tender/offer shall

indicate to the proposed manufacturer(s) of the equipment/ materials tenderedand shall be accompanied by proof of the authority or person(s) tendering to bindsuch manufacturer.

37. Any effort by a bidder / bidders agent /consultant or representative to influencethe owner in any way concerning scrutiny /consideration /evaluation /comparison of the bid or decision concerning award of contract shall entailrejection of the bid.

38. Each tenderer/bidder shall give a declaration in the prescribed format annexed tothe Form of Tender that he/it/they is/are not under any holiday/black list

declared by the OWNER or by any Department of the State or CentralGovernment of India or by any other Indian Public Sector Organisation, and thatthere is no inquiry in respect of any corrupt or fraudulent practice pending

against him/it/them.

38.1. In case he/it/they are under any such list, or any inquiry is pending, he/it/theyshall in the declaration give full details thereof. Such declaration in respect of apartnership firm or association of persons shall cover every partner or member ofthe association, and in the case of Company, shall cover every Director andPrincipal Shareholder of the Company and any Holding Company and/orsubsidiary Company(ies) if any.

38.2. If a tenderer is on any such List or if any such inquiry is pending againstit/him/them or if the Bidder makes a false declaration, the OWNER reserves theright to reject the Bid, and if the Bid has resulted into a contract, the contract isliable to be terminated pursuant to the provisions of Clause 28.0 of the GeneralConditions of purchase..

39. All information disclosed to the tenderer by way of tender document should beconsidered as confidential and shall not be disclosed to any party except asnecessary for carrying out the supply/work. Necessary action on violation will betaken in addition to his becoming liable to be Holiday listed.


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40. Tender is liable for rejection if the tenderer stipulates his own conditions.

41. Collusive or fraudulent tenders

41.1. In case it appears to the OWNER, after examining the tenders received, that any2 (two) or more tenders are collusive or otherwise manipulated to the

disadvantage of the OWNER and against the spirit of ethical competition, theOWNER reserves the right to summarily reject such tenders. It shall not beincumbent on the OWNER to prove any collusion or other malpractice in thisregard.

42. Purchase / price preference to public sectors /NSIC registered unit will beapplicable as per Govt. of India guidelines from time to time.

43. Tenderers should super scribe on all the mailing envelopes tender No. & duedate.

44. Bidders have to quote for full quantity .The offer which is not for full quantity will

be liable for rejection.

45. Where delivery is of prime consideration, non-compliance of the same will be aground for rejection of offer.

46. Telegraphic / Fax /E-Mail/ open price bid shall not be accepted.

47. Tenderers should respond to the tender either by submitting their bids or byregret letter explaining the reasons for non-submission of the offer. If thetenderer does not respond against our three consecutive limited tender enquiries,the name of the tenderer will be removed from the list of vendors.( Applicable in

case of limited tender only)

48. The OWNER reserves the right to consider/evaluate only substantially responsive

tenders. A substantially responsive tender is one, which, in the opinion of theOWNER (which shall be final and binding on the Tenderer(s)), substantiallyconforms to all the terms, conditions, specifications and requirements of theTender Document without material deviations or reservations in respect of any ofthe following :

(a) scope, quality or performance of the work;(b) OWNERs rights or the tenderers obligations under the contract as per

the tender documentation ;(c) Such deviations the correction of which would affect the competitive

position of other tenderers, who have submitted substantiallyresponsive bids ;

(d) Any tender unaccompanied by the earnest money in a form which isnot acceptable as per the Tender Documents, or falling short of therequirement of the Tender Document, shall be liable for rejection

49. No credit will be given for goods offered which conform to alternative standards,even if superior to the standards prescribed.


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50. Negotiation will not be conducted with the bidders as a matter of routine.However, corporation reserves the right to conduct negotiations. However,negotiations will be held with the lowest tenderer.

51. Loading deviations to tender condition:51.1. The commercial conditions put forward by the tenderers shall be loaded to their

quoted cost as indicated hereunder for evaluation:

i. Delayed Delivery clause: Difference of the rate between the GPC and thatoffered by the vendor shall be added to the quoted price as loading for non-acceptance of the delayed delivery discount.

ii. Payment Terms: In case bidders take deviations to the specified paymentterms, loading for interest implication at 1% higher than IOC's Prime LendingRate shall be done.

iii. Specific Discount: Any specific discount indicated in the original offer shall beconsidered to arrive at the effective price for evaluation.

iv. Discount for prompt payment: This will not be considered for the purpose ofevaluation.

v. Freight components: When vendor does not mention freight component, thesame shall be considered as inclusive /nil.

vi. Taxes & Duties: When vendor does not mention Taxes & Duties, the sameshall be considered as inclusive and Borne by vendor.

vii. CENVAT/VAT benefit: For the purpose of evaluation of offers, Cenvat benefiton account of excise duty /CVD /VAT will be considered for evaluation.

viii. Royalty Inflow: In case of any benefit to IOC R&D for the usage of IOC R&Dformulations by the tenderer in the form of royalty, such royalty inflow net ofprevailing taxes / surcharges, will be deducted from the quoted price asspecified elsewhere in the tender documents.

ix. Inspection charges : In case a foreign vendor does not quote inspection

charges in spite of having been stipulated in the tender document to indicateinspection charges, the same shall be considered as nil and inclusive.

x. Component/spares/ accessory: If a vendor doesnt quote for somecomponent/spares/ accessory specifically indicated in the tender forconsideration along with equipment, the same shall be considered asinclusive and free supply

xi. Performance bank Guarantee: In case bidder does not agree to submit PBGas per tender requirement, their offer will be loaded with 10% of their landedcost of the material. In case PBG is agreed for less than 10%, loading shallbe for the differential.

xii. Transit Insurance: Transit insurance shall be done by IOCL. In case thebidder quotes insurance charges inclusive, no rebate shall be given for thepurpose of evaluation.

52. Currencies of Bid and Variation of Custom duty/Foreign exchange52.1. Indian bidders will submit bid in Indian Rupees only. For goods and services

which the bidder will supply from outside India, the prices shall be quoted inIndian currency or in EURO/USA Dollar/GBP. The rate of exchange to be used bythe bidder for currency conversion shall be BC selling rate as published by StateBank of India.. Indian bidder may offer CIF component along with custom dutyand foreign exchange rate and amount. Variation of Custom duty and exchange


21/6010

fluctuation during scheduled delivery period only and other than on raw materialswill be borne by owner. In case bidder spends less foreign exchange componentfor import, Exchange/custom duty the same shall be passed on to owner.

52.2. For foreign bidders bid prices to be EURO /USA Dollar /UK Pound.

53. The vendor shall confirm acceptance of IOCLs GCP in totality. Any specific

deviation from the GCP shall be indicated separately.

B. Specific Instructions for Indian Bidders54. Quotation54.1. Price shall be on FOR/FOT ex-works/destination.

54.2. If quoted on Ex-works basis then

a.

Indicate Packing and Forwarding charges in terms of percentage on basiccost.

b. Indicate freight charges up to the site in terms of percentage on basic cost.

c. Indicate Inspection charges (Third party) in terms of percentage on basiccost if included in Price. Third party Inspection will generally be carried outby the Owner or agencies appointed by the Owner at Owners cost.

d. Insurance will be arranged by owner.

e. Indicate dispatching point.

f. Indicate Excise duty rate. Clearly indicate whether it is included or extra.

g. Indicate CST/local ST rate/VAT rate. Clearly indicate whether it is included orextra.

h. Excise duty/ Sales tax will be paid extra at actual within the contractualdelivery date, or approved extended contractual delivery time. However, thebenefit of any reduction must be passed on to IOCL

i. Any variation of rate in service or introduction of new tax, whereverapplicable, on material ordered, during the contractual period shall be

reimbursed/adjusted against submission of necessary document. If the abovevariation is made applicable after opening of the price bid, the same shallalso be reimbursed against documentary evidence.

j. Any increase in the rates of existing taxes (including Excise Duty & SalesTax) beyond the contractual delivery date is to be borne by the tenderer.

55. Evaluation of Offer55.1. The evaluation will be made on the basis of total landed cost at site only.


22/6011

A) In case of FOR Ex-works

a) Transit Insurance @0.011%b) Freight @ 2%c) Sales Tax and excise duty as applicable

B) Third party Inspection charges if included in Price will be deducted fromthe price quoted for evaluation & while ordering.

C) Inspection charges if quoted Extra on actuals , when inspection chargesare asked specifically in the tender, then offer will be loaded @ -- % ofbasic prices and reimbursement will be made on actual subject tomaximum -- %

56. Payment Terms:56.1. 90% payment against despatch documents through Bank. Balance 10% within 30

days after receipt and acceptance of material at site. All payments shall be madein Indian Rupees. Bank charges of owners Banker will be on owners account.Bank charges of vendors Banker will be on vendors account. Payment as abovecan be made by directly submitting despatch documents to the paymentreleasing office without routing through bank.

56.2. Payment can be made through e-payment mode also. For this purpose, biddershall give their consent along with their bank particulars as per enclosed formatat Appendix-A.

57. PAN and Sales Tax Registration No.57.1. The tenderer(s) shall indicate his/their Permanent account Number (PAN) and

Sales Tax Registration number in the form of information about tender annexedto the form of tender. In the absence of the same, the tender shall be liable to berejected.

58. The bidder if it is a Micro, Small Or Medium enterprise as per the Micro,Small & Medium Enterprises Development Act,2006 (MSMED Act 2006)

and registered with the Authorities under the above Act for the items/services under procurement in this tender, then party has to indicate the

Entrepreneurs Memorandum number (Twelve Digit) and enclose a copythe certificate issued by the Authorities under the Micro, Small & Medium

enterprises Development Act 2006.

59. All the payments in Indian Rupees (other than against dispatch documentsthrough bank) will be released through e-banking only. The successful

bidder should provide their bank details as per the annexed format at thetime of acceptance of Purchase Order.

C. Specific Instruction for Foreign Bidders60. Quotation


23/6012

60.1. Price shall be on FOB /C & F and shall

a) Indicate Packing and Forwarding charges in terms of percentage of quotedFOB price.

b) Indicate Inspection charges (Third party) in terms of percentage of quotedFOB price. or included in the quoted FOB price.

c) Indicate freight charges up to destination PORT or included in the quotedFOB priced) Insurance from Port of Exit to Port of Discharge will be arranged by owner.e) Indicate dispatching point.f) In case of ocean import, offers should be on FOB major international

Gateway Sea port of exit basis. However, bidders shall quote firm oceanfreight charges up to designated port of entry in India.

g) Name of sea port must be mentioned by the vendor. Terms such as anyUSA sea port or any European sea port should not be quoted.

h) In case of air cargoes, offers should be on FCA major internationalgateway of exit basis. Offers from smaller airports or any airport shouldnot be quoted.

61. Evaluation of Offer:61.1. The evaluation will be made on the basis of total landed cost at site only. Foreign

currencies will be converted on the basis of BC selling rate of State Bank of Indiaas on the date of opening of price bid.

61.2. In case of FOB /C&F price, following will be added to arrive at total landed cost

a) Port handling charges @ 2 % on FOB costb) Marine Insurance @ 0.3 % on total C&F cost

c) Inland freight @ 2% on FOB costd) Custom duty as applicable

61.3. Inspection charges if quoted Extra on actuals then offer will be loaded @ - %of basic prices and reimbursement will be made on actual subject to maximum -%

62. Payment Terms:62.1. 100% payment against presentation of shipping document through irrecoverable

letter of credit to be established through Indian scheduled Bank on its branch at

Vendors country. In case confirmed L/C is required by vendor, the same has tobe mentioned and vendor has to confirm that L/C confirmation charges will beborne by Vendor.

63. Dealing with Indian agents63.1. The Owner will deal with the Bidders on principal to principal basis, without

involvement in any manner in India or abroad of any agent or consultant orassociate or other person howsoever described. However, in case Bidder insistshaving an agent / consultant or representative howsoever described (other thana permanent employee of the Bidder or a representative stationed with the


24/6013

permission of the Reserve Bank of India and other concerned authorities), theBidder shall at the time of submission of the offer disclose full particulars /description of such agent / consultant or representative howsoever describedtogether with the precise role of such person or persons: commission,remunerations or charges agreed to be paid to them: the manner of payment:approval or registration of agreement / arrangements between the Bidder andsuch agent or consultant or representative or retainer or associate or servicing

facility with all concerned authorities including Central Govt. / Reserve Bank ofIndia/DG&D: and Permanent Income Tax Account Number of the Agent in India.

63.2. It may, however, be noted that the role of the agent in relation to this tender willbe limited to the following:

i) Intimating publication of NIT:

ii) Obtaining the tender documents on behalf of bidder by payment of theprescribed tender fee whenever required and mailing the tender documentsto the bidder:

iii) The bidder are required to send their bids directly to Owner and as such bidsthrough agents in India will not be entertained. However, if the bidderintends to use their agent only to ensure its safe delivery to Owner: they areallowed to do so, provided the bid documents are put by the bidder in asealed cover addressed to Owner prior to handing over to their agent for itsdelivery to Owner.

iv) Attending the tender opening provided such agent has a power of attorney /letter of authority authorizing him to attend the tender opening on behalf ofthe bidder. Provided further that such a power of attorney / letter ofauthority is submitted to owner prior to the time and date of opening for

scrutiny and acceptance or otherwise.

v) Making arrangements for local travel and stay etc. of their principals for

their meetings, visits, presentations, seminars etc. in India.

vi) Advising Principals on local laws, rules, regulations, tax liabilities andrestriction.

vii) In respect of Service Contracts and Turnkey projects helping the principalsin making other local arrangements for customs clearance, warehousing andother local inputs:

viii) In respect of equipments requiring after sales technical services ofsubstantial nature maintaining requisite infrastructure.

63.3. The bidders may note that the agents in India will not be allowed to perform anyother role:

63.4. Further, it may be noted that any remuneration of commission or charges agreedbetween the bidder and such agent / consultant / representative etc. should bepayable only in non-convertible Indian Currency in India in the event of the bidbeing accepted the Owner shall pay the amount equivalent to the commission or


25/6014

charges of such agent / consultant / representative in Indian Currency (TT sellingrate) against the price payable under the contract from the payment to bidder.

63.5. The bidder shall be obliged to inform all changes in the terms of appointment /payment between the bidder and such agent / consultant / representative.

63.6. If at any stage prior to the award of the work or after the award or after

completion of work it transpires that any information or particulars furnished bythe bidder are in any manner incorrect then the Owner shall without prejudice toany other of its rights, have the option to exclude the bidder from consideration ,cancel the contract if awarded without prejudice to right to recover all losses anddamages and compensation for all consequences and prohibit the bidder fromparticipating in or continuing with any other bid or contract.

64. The tenderer shall indicate in his quotation the country of origin of eachitem of equipment offered.

65. In case of wooden packing material, the same must conform to

requirements under Plant Quarantine (Regulation of Import into India)order.

66. In case of foreign bidders the bids shall be evaluated on merit rate of

custom duty as applicable on the date of opening of price bid.


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27/6016

Addendum-2 to I nstructions to Tenderers

I nstructions to Bidders for participation in E-Tender ing

Indian Oil Corporation Ltd. has developed a secured and user friendly system which will enableVendors / Bidders to Search, View, Download tenders directly from Indian Oil Corporation Ltd.,

secured website and also enables them to participate & submit Online Bids on the e-tenderingsite https://iocletenders.gov.in directly from the website in secured and transparent manner

maintaining confidentiality and security throughout the tender evaluation process and award.

All interested bidders are requested to register themselves with the portal indicated above

and enroll their digital certificate with the user id for participation in the tender.

Bidders are requested to read following conditions in conjunction with various conditions,wherever applicable appearing with this bid invitation for e-Tendering. The conditions

mentioned here in under shall supersede and shall prevail over the conditions enumeratedelsewhere in the tender document.

How to submit On-line Bids / Offers electronically against E-tendering?

Vendors / Bidders are advised to read the following instructions for participating in the electronictenders directly through internet:

i) Late and delayed Bids / Offers after due date / time shall not be permitted in E-

tendering system. No bid can be submitted after the last date and time of submissionhas reached. (However if bidder intends to revise the bid already submitted, they may

change / revise the same on or before the last date and time of submission of bid). Thesystem time (IST) that will be displayed on e-tendering web page shall be the timeand no other time shall be taken into cognizance.

ii) Bidders are advised in their own interest to ensure that bids are uploaded in e-

tendering system well before the closing date and time of bid.

iii) No bid can be modified after the dead line for submission of bids.

iv) No Manual Bids / Offers along with electronic Bids / Offers shall be permitted.

What is a Digital Signature?

This is a unique digital code which can be transmitted electronically and primarily identifies a

unique sender. The objective of digital signature is to guarantee that the individual sending the

message is who he or she really claims to be just like the written signature. The Controller ofCertifying Authorities of India (CCA) has authorized certain trusted Certifying Authorities (CA)

who in turn allot on a regular basis Digital Certificates, Documents which are signed digitally are

legally valid documents as per the Indian IT Act (2000).

Why is a Digital Signature required?
https://iocletenders.gov.in/https://iocletenders.gov.in/https://iocletenders.gov.in/


28/6017

In order to bid for Indian Oil e-tenders all the vendors are required to obtain a legally valid

Digital Certificate as per Indian IT Act from the licensed Certifying Authorities (CA) operatingunder the Root Certifying Authority of India (RCAI), Controller of Certifying Authorities (CCA)

of India. The Digital Certificate is issued by CA in the name of a person authorized for filing

Bids / Offers on behalf of his Company. A Vendor / Bidder can submit their Bids / Offers On-

line only after digitally signing the bid / documents with the above allotted Digital Signatures.

Bidders have to procure Digital Certificate (Class 2 / 3) on their own from any of the Certifying

Authorities in India.

Pre-Bid Conference

Any queries in connection with the bid shall be discussed and clarified during a pre-bidconference as per time and venue specified in the tender. Further, during the pre-bid conference,

Indian Oil may also arrange demonstration of the e-tendering system to the vendors present and

who may be interested in attending the same.

Submission of Documents

The Unpriced Technical Bids and Price Bid have to be submitted online only. However,documents which necessarily have to be submitted in originals like EMD and any other

documents mentioned in the tender documents have to be submitted offline. Prices should not be

submitted in a sealed envelope. Indian Oil shall not be responsible in any way for failure on thepart of the bidder to follow the instructions.

It is advised that the bidder uploads small sized documents (preferably upto 5 MB) at a time to

facilitate in easy uploading into e-tendering site. Indian Oil does not take any responsibility incase of failure of the bidder to upload the documents within specified time of tender submission.

Submission and Opening of Bids

Bid along with all the copies of documents should be submitted in the electronic form only

through Indian Oil e-tendering system.

Before the bid is uploaded, the bid comprising of all attached documents should be digitally

signed using digital signatures issued by an acceptable Certifying Authority (CA) in accordance

with the Indian IT Act 2000.

Last Date for Submission of Bids

Bidders are advised in their own interest to ensure that bids are uploaded in e-Procurementsystem well before the closing date and time of bid.

Vendors / Bidders must use any computer having Windows 2000 or Windows XP versions or

higher of Window operating system and an internet web browser version internet explorer V6.0or higher recommended.


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(iv) Special Conditions of Purchase ( if any);(v) Addendum(a) (if any) to the Tender Documents.

1.1.12. Total Contract Value or Total PO Value means total value of the Material(s)and services to be supplied as specified in the Purchase Order, exclusive ofreimbursable taxes and duties

1.1.13. Stipulated Delivery Period means the date(s) for delivery of the Material(s) asstipulated in the Contract and failing such stipulation, shall mean the date(s) forsuch delivery(ies) as agreed between the Vendor and the Owner.

2.0 Interpretation of Contract Documents

2.1.1. The several Contract Documents forming the Contract are to be read together asa whole and are to be taken as mutually explanatory.

2.1.2. Should there be any doubt or ambiguity in the interpretation of the ContractDocuments or in any of them, the Vendor shall prior to commencing the relativesupply or work for supply under the Contract apply in writing to Owner for

resolution of the doubt or ambiguity. Should the Vendor fail to apply to Ownerwithin 7 days from the date of receipt of the Order for its clarification as aforesaid,the Vendor shall perform the relative work and/or make the relative supply at hisown risk.

2.1.3. Any item of supply or service relative thereto shown, indicated or included byexpression or implication in any document forming part of the Contract shall be 5deemed to form part of the Scope of Supply with the intent that the indication orinclusion of the supply or service within any of the said documents shall be asufficient indication of the Scope of Supply or service covered by the Contract.

2.1.4. No verbal agreement or assurance, representation or understanding given by

any employee or officer of Owner or so understood by the Vendor shall anywisebind Owner or alter the Contract Documents unless specifically given in writingand signed by or on behalf of Owner as an Agreed Variation to the relativeterm(s) in the Contract Document(s).

2.1.5. Clause headings given in this or any other Contract Documents are intended onlyas a general guide for convenience in reading and segregating the generalsubject of the various clauses, but shall not govern the meaning or import of theclauses there under appearing or confine or otherwise affect the interpretationthereof.

3.0 Irreconcilable Conflicts

3.1.1. Subject to the provisions of Clause 3.0 hereof, in the event of an irreconcilableconflict between the provision of these General Terms and Conditions ofPurchase and/or the Special Conditions of Purchase and/or Addendum (a) and/orthe Agreed Variations to the Tender Documents and/or the Purchase Orderand/or between any of the other said documents so that the conflictingprovision(s) cannot co-exist, to the extent of such irreconcilable conflict, thefollowing order of precedence shall apply so that the conflicting provision(s) in thedocument lower in the order of precedence set out below shall give way to theconflicting provision(s) in the document higher in the order of precedence,namely:


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(i) Agreed Variations to the Tender Documents;(ii) Purchase Order;(iii) Addendum(a) to the Tender Document;(iv) Special Conditions of Purchase;(v) General Conditions of Purchase;(vi) Other Contract Documents.

4.0 Reference for Documentation:

4.1.1. Purchase Order No. must appear on all correspondence, drawings, invoices,shipping documents, packing and on any documents connected with the order.

5.0 Confirmation of Purchase Order:

5.1.1. The Vendor shall acknowledge the receipt of the Purchase Order within 10 (ten)days following the mailing of the order and shall thereby confirm his acceptanceof the purchase order in its entirety without exceptions.

6.0 Sales Conditions:

6.1.1. With Vendors acceptance of provision of the Purchase Order he waives andconsiders as cancelled any of his general sales conditions.

7.0 Entire Contract:

7.1.1. The terms and conditions of the purchase order with specifications drawings andother attachments annexed thereto, constitute the entire contract between theparties hereto. Changes will be binding only if the amendments are made inwriting and signed by an authorised representative of the owner and the Vendor.

8.0 Inspection Checking Testing:

8.1.1. The equipments/ materials or workmanship covered by the Purchase Order aresubject to inspection and testing by Inspectors at any time prior to shipment and/or despatch. Such inspectors shall have the right to carry out the inspection andtesting at any stage which will include the raw materials, at manufacturers shopand at Fabricators shop and at the time of actual despatch before and aftercompletion of packing.

8.1.2. All tests, mechanical and others and particularly those required by relevant codeswill be performed at the Vendors expenses and in accordance wi th theInspectors instructions. The Vendor will also bear the expenses concerningpreparation and rendering of tests required by Boiler Inspectorate or such otherstatutory testing agencies or by Lloyds Register of Shipping or any other Agency,as may be required.

8.1.3. The salaries and fees of Inspectors and their travelling, lodging and boardingexpenses will not be borne by the Vendor unless inspections become infructuousdue to any omission or commission on the part of the Vendor. Before shipping ordespatch, the equipments/ materials will have to be checked and stamped byInspectors who are authorised also to forbid the use and despatch ofequipments/ materials which during tests and inspection fail to comply with thespecifications, codes and testing requirements.


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GENERAL CONDITIONS OF PURCHASE

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1.0 DEFINITIONS

1.1. The following expressions used in the Purchase Order shall have the meaning indicated

against each of these.

1.1.1. The Owner means Indian Oil Corporation Ltd., a company incorporated in Indiahaving its registered Office at G-9, Ali Yavar Jung Marg, Bandra (East), Mumbai 51acting through the office of the Director (Pipelines), A-1, Udyog Marg, Sector 1, Noida 201 301, and shall include its successors and assignees.

1.1.2. Goods/Equipments/ Materials: Goods /Equipments/ Materials shall mean any of thearticles, materials machinery equipments, instruments, computer, control and otherelectronic and electrical systems, supplies, drawings, software, data and other propertyand all services, including but not limited to design, delivery, installation, inspection,testing and commissioning specified or required by the owner and shall include parts,

components, assemblies and sub-assemblies thereof.as per the Purchase Order.

1.1.3. Vendor: Vendor shall mean the person, firm, company or Corporation or the successorthereof, to whom the Purchase Order is issued.

1.1.4. Inspector: Inspectors or representatives deputed by Owner.1.1.5.1.1.6. Project: Pipeline Project or Pipeline Unit of Indian Oil Corporation Limited (Pipelines

Division) for which the Material(s) is/are required.

1.1.7. Contract shall mean the contract as derived from:i) The Tender Documents;

ii) Agreed Variations to the Tender Documents;iii) Vendors Priced bid; andiv) The Purchase Order.

1.1.8. Contract Document(s) shall mean individually and collectively the documentsconstituting the contract.

1.1.9. Free Issue Material(s) means any equipment, parts or components or spares to besupplied by Owner to the Vendor which are to be incorporated in any supply ofIndigenous Material(s).

1.1.10. Purchase Order or Order means Owners acceptance of the Vendors offer/bid and

includes any formal or detailed Purchase Order issued by Owner pursuant to theacceptance of the bid.

1.1.11. Tender Documents with reference to the Purchase Order mean:

(i) Material Requisition/Request for Quote;(ii) General Terms and Conditions of Purchase;(iii) Technical Specifications;(iv) Special Conditions of Purchase ( if any);


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(v) Addendum(a) (if any) to the Tender Documents.

1.1.12. Total Contract Value or Total PO Value means total value of the Material(s) and

services to be supplied as specified in the Purchase Order, exclusive of reimbursabletaxes and duties

1.1.13. Stipulated Delivery Period means the date(s) for delivery of the Material(s) asstipulated in the Contract and failing such stipulation, shall mean the date(s) for suchdelivery(ies) as agreed between the Vendor and the Owner.

2.0 Interpretation of Contract Documents

2.1.1. The several Contract Documents forming the Contract are to be read together as awhole and are to be taken as mutually explanatory.

2.1.2. Should there be any doubt or ambiguity in the interpretation of the Contract Documentsor in any of them, the Vendor shall prior to commencing the relative supply or work forsupply under the Contract apply in writing to Owner for resolution of the doubt orambiguity. Should the Vendor fail to apply to Owner within 7 days from the date ofreceipt of the Order for its clarification as aforesaid, the Vendor shall perform the relativework and/or make the relative supply at his own risk.

2.1.3. Any item of supply or service relative thereto shown, indicated or included by expressionor implication in any document forming part of the Contract shall be 5 deemed to formpart of the Scope of Supply with the intent that the indication or inclusion of the supply orservice within any of the said documents shall be a sufficient indication of the Scope ofSupply or service covered by the Contract.

2.1.4. No verbal agreement or assurance, representation or understanding given by anyemployee or officer of Owner or so understood by the Vendor shall anywise bind Owneror alter the Contract Documents unless specifically given in writing and signed by or onbehalf of Owner as an Agreed Variation to the relative term(s) in the ContractDocument(s).

2.1.5. Clause headings given in this or any other Contract Documents are intended only as ageneral guide for convenience in reading and segregating the general subject of thevarious clauses, but shall not govern the meaning or import of the clauses there underappearing or confine or otherwise affect the interpretation thereof.

3.0 Irreconcilable Conflicts

3.1.1. Subject to the provisions of Clause 3.0 hereof, in the event of an irreconcilable conflictbetween the provision of these General Terms and Conditions of Purchase and/or theSpecial Conditions of Purchase and/or Addendum (a) and/or the Agreed Variations tothe Tender Documents and/or the Purchase Order and/or between any of the other saiddocuments so that the conflicting provision(s) cannot co-exist, to the extent of suchirreconcilable conflict, the following order of precedence shall apply so that theconflicting provision(s) in the document lower in the order of precedence set out below


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GCP Page 3 of 20

shall give way to the conflicting provision(s) in the document higher in the order ofprecedence, namely:

(i) Agreed Variations to the Tender Documents;(ii) Purchase Order;(iii) Addendum(a) to the Tender Document;(iv) Special Conditions of Purchase;(v) General Conditions of Purchase;(vi) Other Contract Documents.

4.0 Reference for Documentation:

4.1.1. Purchase Order No. must appear on all correspondence, drawings, invoices, shippingdocuments, packing and on any documents connected with the order.

5.0 Confirmation of Purchase Order:

5.1.1. The Vendor shall acknowledge the receipt of the Purchase Order within 10 (ten) daysfollowing the mailing of the order and shall thereby confirm his acceptance of thepurchase order in its entirety without exceptions.

6.0 Sales Condit ions:

6.1.1. With Vendors acceptance of provision of the Purchase Order he waives and considersas cancelled any of his general sales conditions.

7.0 Entire Contract:

7.1.1. The terms and conditions of the purchase order with specifications drawings and otherattachments annexed thereto, constitute the entire contract between the parties hereto.Changes will be binding only if the amendments are made in writing and signed by anauthorised representative of the owner and the Vendor.

8.0 Inspection Checking Testing:

8.1.1. The equipments/ materials or workmanship covered by the Purchase Order are subjectto inspection and testing by Inspectors at any time prior to shipment and/ or despatch.Such inspectors shall have the right to carry out the inspection and testing at any stagewhich will include the raw materials, at manufacturers shop and at Fabricators shop

and at the time of actual despatch before and after completion of packing.

8.1.2. All tests, mechanical and others and particularly those required by relevant codes will beperformed at the Vendors expenses and in accordance with the Inspectors instructions.

The Vendor will also bear the expenses concerning preparation and rendering of testsrequired by Boiler Inspectorate or such other statutory testing agencies or by LloydsRegister of Shipping or any other Agency, as may be required.


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10.0 Weights and Measurements:

10.1.1. The shipping documents, invoices, packing lists and all other relevant documents shall

contain the same units of weights and measurements as given in the Owners PurchaseOrder.

11.0 Economic Transportation

11.1.1. The equipments/ materials are to be consigned by the most economical and expeditiousmode of transport to the consignee and Indian Port as specified in the Purchase Order.

12.0 Oil & Lubr icants :

12.1.1. The first filling of oils and lubricants for every equipments shall be included in the price.The Vendor shall also recommended the quality and quantity of oils and lubricant

required for one years continuous operations.

13.0 Spare Parts:

13.1.1. The Vendor must furnish itemised and price list of spare parts required for two yearsoperation of equipments. The Vendor shall provide the necessary cross sectionaldrawings to identify the spare parts numbers and their location as well as ininterchangeability chart.

14.0 Packing & Marking:

14.1.1. Indigenous Supply:

14.1.1.1. All containers in which the materials are supplied (including packing cases, boxes etc.)by the supplier shall be considered as non-returnable and their cost as having beenincluded in the contract prices unless specifically mentioned in the contract otherwise.

14.1.2. Imported Supply:

14.1.2.1. Foreign Equipments/ materials shall be suitably packed in weatherproof seaworthypacking for ocean transport under tropical conditions and for rail or road or otherappropriate transport in India. The packing shall be strong and efficient enough toensure safe preservance up to the final point of destination. In case of wooden packingmaterial, the same must conform to requirements under Plant Quarantine (Regulation of

Import into India) order.

14.2. Equipments/ materials shall be protected by suitable coats of paint and all exposedmetallic parts protected from rust by application of rust preventive as may benecessary. All machinery surface shall be suitably protected.

14.2.1. All fragile and the exposed parts will be packed with care and the packages shall bearthe words, WITH CARE, GLASS FRAGILE, DONT ROLL THIS END UP, THIS ENDDOWN, in English.


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14.2.2. Packaged equipment / material showing damages resulting from improper packingmaterial / packing procedure or having concealed damages or shortages at the time of

opening of packages shall be to the suppliers account.

14.2.3. Attachments and spare parts of equipment and all small pieces shall be packedseparately in wooden cases with adequate protection inside the case and suitablytagged with identification of main equipment items denomination and reference no. ofrespective assembly drawings

14.2.4. All equipments/ materials shall be marked with strips bearing progressive numbers. Incase of bundles the shipping marks shall be embossed on metal or similar tag andwired securely on each side.

14.2.5. All nozzles, holes and openings as also all delicate surfaces, shall be carefully protected

against damage and bad weather. Flange faces of all nozzles shall be protected byblanks.

14.2.6. All manufactured surface shall be painted with rust preventing paint.

14.2.7. All threaded fittings shall be greased and provided with plastic cap.

14.2.8. All small pieces shall be packed in case.

14.2.9. The vendor shall be held liable for all damages or breakage to the goods due todefective or insufficient packing as well as for corrosion due to insufficient greasing/protection.

14.2.10. On three sides of the packages, the following marks shall appear clearly visible inindelible paint and on Vendors care and expenses.

------------------- Pipeline Project

From :For :Order No. :Rev. No. :Item :Equipment Nomenclature :

Net Weight :Gross Weight :Case No. : of Total Cases :Dimensions :

14.2.11. For every order and every shipment, packages must be marked with serial progressivenumbering. All cases will bear warning signs on the outside denoting the centre ofgravity and sling marks. Specific marking for sling should be provided for all heavy liftsweighing 5 tonnes and above. Top Heavy containers will be earmarked as either Top


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Heavy or Heavy Ends. All packages that requires special handling and transport shouldhave their centres of gravity and points at which they may be gripped clearly indicatedand marked, ATTENTION SPECIAL LOAD HANDLE WITH CARE IN ENGLISH

LANGUAGE. When packaging material is clean and light colour, a dark black stencilpaint shall be acceptable. However where packaging materials is soiled or dark, a coatof flat zinc white paint shall be applied and allowed to dry before applying the specificmarkings. A distinct colour splash in say red-black around each package/ crate/ bundleshall be given for identification.

14.2.12. In case of large equipments like vessels, heat exchangers etc. documents contained inthe envelopes shall be fastened inside a shell connection with an identifying arrow signDOCUMENT applied with indelible paint.

15.0 Shipment / Consignment:

15.1. Indigenous Supply

15.1.1. The vender shall make dispatch only after inspection, testing and release order /material acceptance certificate issued by owner unless otherwise specially advised inwriting. In the event of vendor having been advised to hold the materials/equipments forany reason whatsoever the vendor shall hold the material in his/its warehouse for atleast 30 days without any compensation or without any prejudice to any reduction inprice already accrued on account of delays.

15.1.2. Vendor shall exercise due care and ensure that consignment (s) are booked underappropriate railway classifications failing which any additional freight incurred by Ownershall be to Vendors account. Goods shall be consigned in the name of consignee to be

informed by Owner in due course of time or along with Purchase Order. Goods shall bedispatched by most economical and expeditious mode of transport to the destination.

15.1.3. Owner reserves right to advise any change in dispatching / destination / mode oftransport as may be required. Any extra expenditure on this account will be reimbursedby Owner on submission of satisfactory documentary evidence / as finalised within 10days from the date when change is ordered.

15.1.4. Vendor will be responsible to bear all expenses which may arise due to improper /insufficient / defective documentation while dispatching materials / advising Owneraccording to the terms of the Contract. Similarly, Vendor shall be responsible for thedelay and / or demurrage in clearance of the consignment due to delay in transmittal of

the proper / needful documents.

15.1.5. The materials to be despatched through a transporter registered as per Carriage byRoad Act 2007 and Carriage by Road Rules, 2011. The Consignment Note/ Lorryreceipt must carry the registration number as per the rules stated in The Carriage byRoad Rules, 2011.


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15.2. Imported Supply

15.2.1. The vendor shall make shipment only after prior approval of owner otherwise specially

advised in writing. All shipments of equipments/ materials shall be made in the IndianFlag Vessel/ Vessels belonging to Conference lines having Indian participation. TheVendor shall arrange with Vessels Owners or Forwarding Agents for proper stowage ofthe entire cargo intended for the Project in a specific manner so as to facilitate thehandling and off loading at the port of destination and to avoid any over carriage at theport of discharge. All shipments shall be under deck, unless carriage on deck isunavoidable.

15.2.2. In case of FOB contract

(A) Ocean shipping arrangement shall be made by:

Asstt. Shipping OfficerTranschart,Ministry of ShippingRoom No. 539, Parivahan Bhavan1, Parliament StreetNew Delhi 110001

Tel 011 23719480, Fax: 011 23718614, e-mail:[email protected]

Through their authorised forwarding agents as mentioned in P.O. terms & conditions.

15.2.3. Air shipment arrangements shall be made by our authorised Freight Forwarder asindicated in the Purchase Order.

15.2.4. Vendor shall furnish to the authorised agents the full details of consignments such asoutside dimensions, weights/ both gross and net, No. of packages, technicaldescriptions and drawings, name of Vendor, port of loading etc. 30 days advance noticeshall be given by Vendor to enable the concerned agency to arrangevessel/carrier/shipping space. Copy of this notice should be sent to the office that issuedthe Purchase Order as well as to the respective Port Office.

15.2.5. Export Licence, if any, required from the Government Authorities of the country of originshall be obtained by the Vendor.

15.2.6. The Vendor shall inform owner sufficiently in advance about shipment of equipment with

full particulars. As soon as any shipment is made, the Vendor shall send advanceinformation by way of Fax/e-mail to Owner {Fax: (0091) 120 2448024, e-mail asindicated in the PO}giving order reference, particulars of the shipments, Vessels name,port of shipment, bill of lading No. and date, number of package, gross weight, total FOBvalue with confirmation copies by post.


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16.0 Shipping Documents:

16.1.1. For Indigenous Supply:

16.1.1.1. Vendor shall send documents listed below as applicable in indicated number of sets,unless otherwise indicated in purchase order, so that they are received at least threedays before receipt of material.1. Invoice. - 3 copies2. Packing list - 3 copies3.. Manufacturers Guarantee Certificate - 3 copies4. Drawing/ Catalogue - 3 copies5. Vendors Certificate of inspection - 3 copies6. Despatch clearance - 3 copies7. Any additional documents required to be furnished for receiving payment under

the contract.

16.1.1.2. If as per the terms of L.SC or otherwise, the complete original set of documents arerequired to be sent to owner through bank, the distribution indicated will confine tocopies of documents mentioned above.

16.1.1.3. The consignment unless notified separately, shall indicate following:

Consignee Indian Oil Corporation Limited,(Pipelines Division)A-1, Udyog Marg, Sector 1,Noida 201 301

16.1.1.4. The invoices and packing list must show uniformly the marks and numbers, contentscase wise, consignees name and place of destination. The invoice must show alongwith other details, the unit rate and net total price. Packing list must show apart fromother particulars actual contents in each case, net and gross weight and dimensions andthe total number of packages. The documents should be duly signed by the Vendor'sauthorised representative.

16.1.1.5. All documents shall be in bilingual (Hindi & English) or only English language.

16.1.2. For Imported Supply:

16.1.2.1. The shipper should within 24 hours of shipment convey vide Fax/Email to the insurer

under intimation to the owner & port office the dispatch particulars as per followingdetails:

(1) Policy No.(2) Particulars of cargo(3) Name of Vessel(4) Port of Shipment/ Port of discharge(5) Bill of Lading , number & date(6) Total FOB / C&F value.


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16.1.2.2. Documents to be sent preferably in soft form (scanned copy) immediately after theshipping.

16.1.2.3. The time for allowing negotiation of documents should generally be 15 days for oceanshipment and seven days in case of air.

16.1.2.4. Vendor shall obtain the shipping documents listed below as applicable in indicatednumber of sets, including three original stamped copies of the Bill of Lading as quicklyas possible after the shipment is made, and airmail to owner, as per distributionindicated in purchase order, so that they are received at least three weeks before thearrival of the vessel.

1. Clean bill of lading. - 5 copies2. Invoice. - 5 copies

3. Packing list - 5 copies4. Country of origin certificate - 5 copies5. Manufacturers Guarantee Certificate - 5 copies6. Drawing/ Catalogue - 5 copies7. Vendors Certificate of inspection - 5 copies8. Despatch clearance - 5 copies9. Any other document required for custom clearance10. Any additional documents required to be furnished for receiving payment under

the contract.

16.1.2.5. If the terms of letter of credit or otherwise, the complete original set of documents arerequired to be sent to owner through bank, the distribution indicated will confine to

copies of documents.

16.1.2.6. The Bill of Lading shall indicate as follows:

In case of FOB contract :Consignee : Indian Oil Corporation Limited,

(Pipelines Division)A-1, Udyog Marg, Sector 1,Noida 201 301

Ultimate consignee: As per Purchase order terms

16.1.2.7. All columns in the body of the Bill of Lading, namely, Marks and Numbers, Materialdescription, weight, particulars etc., should be filled in accurately and such statementsshould be uniform in all the shipping documents. The freight particulars should mentionthe basis of freight payable shown at the bottom.

16.1.2.8. The Vendor shall ensure that in effecting shipments clean bill of lading are obtained andthe carriers responsibility is fully retained on the Carrier so that the Owners interestsare fully assured and are in no way jeopardized.


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16.1.2.9. The invoices and packing list must show uniformly the marks and numbers, contentscase wise, country of origin, consignees name and port of destination, as in the case ofBill of Lading. The invoice shall show the unit rate and net total FOB price. Items

packed separately should also be invoiced and the value shown accordingly. Packinglist must show apart from other particulars actual contents in each case, net and grossweight and dimensions and the total number of packages. The documents should beduly signed by the Vendor's authorised representative.

16.1.2.10. All documents shall be in English language.

16.1.2.11. Vendor shall be fully responsible for the delay and/ or demurrage in clearance of theconsignment at the port of discharge due to delay in transmittal of the shippingdocuments. Any demurrage on account of either non-receipt of shipping documents intime or their being defective will be to the account of Vendor.

17.0 Transit Insurance:

17.1.1. Transit Insurance shall be arranged by the Owner. The Vendor shall within 24(Twenty four) hours of consignment /shipment convey by Fax / Email to the insurerunder intimation to the owner the dispatch particulars which should include all details butnot limited to:

17.1.2. For Indigenous supply:

17.1.2.1. 1) Cover Policy Number as mentioned in PO 2) Particulars 3) invoice no.& date 4) P.O.ref. 5)Transporters consignment note no. and date of transportation 6) total value of theconsignment

17.1.3. For Imported supply:

17.1.3.1. 1) Policy Number 2) Particulars of Cargo/despatch, 3) Vessels Name, 4) Port ofShipment/ Port of Discharge, 5) Bill of lading number and date, 6) Total FOB/ C&FValue

17.1.3.2. Consignment landing atJ NPT Port with place of discharge at Nhava Sheva/ CFSMulund / Mumbai Port: Insurance will be arranged by:

Deputy General ManagerIndian Oil Corporation Limited,(Refineries Division),G-9, Ali Yavar Jung Marg,

Bandra (East),Mumbai 400 051Phone : (91) 22 26407549/ (91) 22 2640 4746Fax : (91) 22 26400774Against Marine Open Cover Policy no as mentioned in Purchase Order.

17.1.3.3. Consignment landing at Kolkata Port: Insurance will be arranged by:Deputy General Manager,Indian Oil Corporation Limited,


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(Refineries Division),Indian Oil Bhawan, 2 Gariahat Road (South)Dhakuria

Kolkata - 700 068Phone : (91) 33 241 45030/ (91) 33 24145031Fax : (91) 33 247 33202/ (91) 33 3923/5352Against Marine Open Cover Policy no as mentioned in Purchase Order.

Any failure by the Vendor to forward the dispatch particulars to the insurer & owner shallplace the consignment at the Vendors risk.

18.0 Respect for Time of Delivery:

Time of delivery as mentioned in the Purchase Order shall be the essence of thecontract and no variation shall be permitted except with prior authorisation in writing

from the Owner. Equipments/ Materials should be delivered, securely packed and ingood order and condition, at the place and within the time specified in the purchaseorder for their delivery. By time of delivery is meant the date of L/R /date on the Bill ofLading in Port of despatch.

19.0 Delayed Delivery:

19.1. The time and date of delivery of goods/materials/ equipment as stipulated in thepurchase order shall be deemed to be the essence of the contract. If delay occurs indelivery of material beyond a free period of 7 (seven) days from the date of deliverystipulated in the delivery schedule, the purchaser may at its option, without prejudice toany right it may have:

i) Accept in whole or part the delayed delivery, in which event the purchaser shall beentitled to a discount of %(half percent) in the price of the goods delivered late forevery week of delayed or part thereof, subject to a maximum discount of 5% (fivepercent) of the total undiscounted/ unreduced contract price and/or.

ii) Terminate the order in whole or part the contract insofar as it concerns the goods notdelivered in time and without prejudice to any right under (i) above in respect of goodsdelivered, recover price discount from the supplier in a sum equivalent % (halfpercent) subject to maximum 5% of the value of goods/ items covered by thecancellation for every week or part of a week of delay involved between the date(s) ofdelivery aforesaid and the date of cancellation to cover the loss and to meet the

additional expenditure of the purchases resultant upon the delay/ failure and

a) Purchase the same or any part thereof elsewhere at the risk and cost of theVendor.

b) Recover from the Vendor the difference between the market price and contractprice prevailing on the date of termination for items covered under (a) above.


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c) However the maximum liability under this clause shall be the total contractprice or part thereof for undelivered material.

d) This clause shall not limit liability in any case of fraud, deliberate default orreckless misconduct by the vendor

iii) Time lost on account of any shipment/ consignment withheld on the specificinstruction of the purchaser, shall not be taken into account in reckoning the periodof delay.

20.0 Force Majeure:

20.1.1. In the event of either party being rendered unable by force majeure to perform anyobligation required to be performed by him under the contract, the relative obligation of

the party affected by such force majeure shall be suspended for the period during whichsuch cause lasts.The decision of the owner will be final and binding on vendor

20.1.2. The term force majeure as employed herein shall mean acts of god, war, revolt, fire,flood, national strikes which have a duration of seven calendar days and acts andregulations of respective government.

20.1.3. Upon the occurrence of such cause and upon its termination, the party alleging that ithas been rendered unable as aforesaid thereby, then the vendor must advise owner byregistered letter giving full particulars and duly certified by local chamber of commerceor statutory authorities ,the beginning and end of such causes of delay immediately butnot in any case later than 15 days from beginning and end of each cause.

20.1.4. Time for performance of the relative obligation suspended by force majeure shall standextended by the period during which such cause lasts

20.1.5. If deliveries are suspended by force-majeure conditions lasting for more than 60days, the purchaser shall have the option of canceling the contract in whole or part,without financial consequences to or entitlement in either party resultant upon suchcancellation, which will operate as a discharge of all future obligations under thecontract, but without any rights or obligations arising out of any antecedent breach.

21.0 Rejection Removal of Rejected Goods and Replacement:

21.1.1. In case the testing and inspection at any stage reveal that the equipment, materials and/or workmanship do not comply with specifications and requirement and in case ofrejection of equipments/ materials under Clause 8.0 hereof, the same shall be removedby the Vendor at his/ its own expenses and risk within the time allowed by the Owner.

The Owner shall be at liberty to dispose of such rejected goods in such manner as theOwner may think appropriate in the event the Vendor fails to remove the rejected goodswithin the period as aforesaid. Nothing shall constitute the owner as a trustee or baileefor or in respect of those rejected material. All expenses incurred by the Owner, forsuch disposal shall be to the account of the Vendor. The Vendor will have to proceed


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immediately with the replacement of the equipment or part of the equipment and arrangeto deliver at site( at port in case of foreign vendor) without claiming any extra payment(including custom duty, Port charges etc)and without prejudice to owners right as per

clause 19.0 if so required by the Owner. The time taken for replacement in such eventwill not be added to the contractual time of delivery.

22.0 Price:

22.1.1. The price shall be firm and not subject to escalation for any reason whatsoever till theexecution of entire order, even though it might be necessary for the order execution totake longer than the delivery period specified in the order. The price shall becomprehensive, inclusive of but not limited to cost of raw materials and processes,manufacturing, inspection, test, rejections, storage, handling, adequate water proof/seaworthy packing and forwarding and all other charges up to effecting delivery at FORdestination in case of FOR destination contract /FOB despatch port in case of FOB

contract and additionally ocean freight and port charges in case of C&F contract.

22.1.2. In case of Indigenous supply the prices herein specified, unless otherwise expresslystated in the total price schedule which shall be deemed to include all Central / Stateand other Municipal or legal taxes, duties, levies etc including but not limited to Servicetax , entry tax, Octroi, etc. which either of the parties hereto may be statutorily liable topay. Variation of sales tax /excise duty rate will be paid extra/refundable if enforceableduring contractual delivery period. New promulgated tax, duty applicable duringcontractual delivery period on the finished product will be paid extra . However, thebenefit of any reduction must be passed on to Owner

22.1.3. Freight, taxes and duties are not intended to operate as a profit centre but are intended

only to meet the relevant costs incurred on this account. If any reimbursement orcollection of the taxes or duties by the Vendor from Owner is in excess of the freight,taxes and/or duties actually paid by the Vendor, the Vendor shall forthwith refund suchexcess to Owner together with interest thereon at 1% (one percent) per annum abovethe Prime Lending Rate of the State Bank of India from the date of collection until thedate of refund.

23.0 Terms of Payment:

23.1.1. Payment will be made by the Owner in accordance with the terms of payment indicatedin the Purchase Order.

23.1.2. For Indigenous supply:

23.1.2.1. Payment against VATABLE invoice shall normally be made within 30 days of receipt andacceptance of materials at site. However, owner may consider payment of 90 percentagainst despatch documents through Owners Bankers and balance 10% within 30 daysof receipt and acceptance of materials at site, provided the value of purchase orderexceeds Rs. 100000/=The final settlement of Vendors invoice is liable to be withheld inthe event the Vendors has not complied with submission of drawings data and suchdocumentation as called for purchase order and/or as required otherwise.


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23.1.2.2. All bank charges of Owners Banker, will be born by the Owner.

23.1.3. For Imported supply:

23.1.3.1. Payment shall be made by direct remittance or through irrevocable L/C at sight.However confirmation of L/C if desired by the bidder can be done, but the expensesshall be to bidders account.

23.1.3.2. L/C shall be established an Indian scheduled Bank on its branches in the bidder'scountry or any reputed Metropolitan Bank of the Bidders Country. Needful details e.g.Banker name address, account no etc shall be provided by bidder.

23.1.3.3. All bank charges and stamp duties payable outside India in connection with payments tobe made under the purchase order s