bharat petroleum corporation ltd central … · z 21-24 3 agreed terms & conditions a 25-29 7...

CETANE IMPROVER (2-EHN): NRL-Numaligarh Refinery CRFQ NO 1000304126. E-Tender No. 37966

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BHARAT PETROLEUM CORPORATION LTD

CENTRAL PROCUREMENT ORGANISATION-REFINERIES

MUMBAI REFINERY,MAHUL

MUMBAI- 400074

TENDER FOR SUPPLY OF CETANE IMPROVER (2-EHN)

for

NRL - NUMALIGARH REFINERY

CRFQNO. 1000304126 E-TENDER NO: 37966

DUE DATE: 07.05.2018 (1100HRS–IST)


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TENDER NO.: CRFQ NO 1000304126 - SUPPLY OF CETANE IMPROVER (CI)

Index

Sr.

No.

Description Annexure Page

Number

1 Notice Inviting Tender 1 3

2 Special Conditions of Tender

2 4-17

3 Bid Qualification Criteria (BQC) (KR/ NRL) 3 18-20

2 Technical Specifications, Terms & Conditions

including Evaluation criteria – BPCL – KR / NRL

Z 21-24

3 Agreed Terms & Conditions

A 25-29

7

Price Schedule - Indigenous Bidder/ Foreign Bidder B1/B2 30-32

8 List of Deviations

C 33

9

Declaration regarding Holiday Listing D 34

10 Format for Bidder Information E 35-36

11 Format for Bank Guarantee for Earnest money

deposit

F 37-38

12 NRL PDF DOCUMENTS: GPC (Local/Foreign -10

pages), Integrity Pact (6 pages). PBG (LOCAL/

FOREIGN – 3 pages)

. 21 PAGES


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ANNEXURE 1.

BHARAT PETROLEUM CORPORATION LTD

CENTRAL PROCUREMENT ORGANISATION (REFINERIES),

MAHUL, MUMBAI - 400 074.

PHONE: 91-22- -22-2554082

NOTICE INVITING TENDER

CRFQ.No 1000304126

BPCL, [CPO-R] invites bids for the tender for the supply of Cetane Improver (2-EHN) for BPCL-Kochi Refinery and NRL-Numaligarh Refinery.

The tender document has two packages namely:

1. Package 1: Supply of Cetane Improver (2-EHN) for BPCL – Kochi Refinery (KR)

(E-TENDER NO. 37967)

2. Package 2: Supply of Cetane Improver (2-EHN) for NRL-Numaligarh Refinery

(E-TENDER NO. 37966) Details of the tenders are available/can be downloaded from any of the following websites: a. BPCL’s E-procurement platform https://bpcleproc.in. b. BPCL website www.bharatpetroleum.in Tenders View Tenders select dept. CPO

(Refineries). c. Central Procurement Portal http://eprocure.gov.in/cppp Due date for submission: 07.05.2018, 1100 HRS. IST. Important: All updates, amendments, etc, (if any) will be posted on the above websites. There will not be any publication of the same through press advertisement. Place: Mumbai CPO-R


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ANNEXURE 2

SUBJECT: SUPPLY OF CETANE IMPROVER (2-EHN) TO NRL - NUMALIGARH REFINERY.

Digitally signed quotations (Techno commercial bids) are invited from bidders in 2 part bid system for the subject work as per the enclosed Tender Documents and its attachments. All prospective bidders are requested enroll onto our e-tendering platform https://bpcleproc.in/ maintained by M/s. E-procurement Technologies Ltd. our authorised Service Provider for E-tendering. Upon logging in to the e-procurement website, bidders can download the bid documents and shall thoroughly go through the same. All documents required for the bid, shall be uploaded on the appropriate place in the E-Procurement web site, digitally signed. All the bids shall be evaluated from the inputs made by the bidders on the E-Procurement portal. Hard copies of the bids shall not be submitted to this office, since hard copies shall not be considered for evaluation. Bidders are advised to read the Instructions for participating in the electronic tenders directly through internet (Bid Submission Manuals are available on the above mentioned e-procurement site) and get conversant with the process of online submission of the tenders well in time so as to submit tenders by the due date. SPECIAL CONDITIONS AND INSTRUCTIONS TO BIDDERS.

1. BPCL, CPO-Refineries invites offers for supply of Cetane Improver (2-EHN), in complete

accordance with tender documents and its attachments to NRL-Numaligarh Refinery (NRL) as per the following details:

Material Description / Qnty: Cetane Improver (2 Ethyl Hexyl Nitrate) Quantity: NRL: 800,000 KG (800 MT) Period of Contract: One year (2018-19) Technical Specifications:

Material shall be supplied as per the technical specifications and terms and conditions as mentioned in Annexure Z.

a. Additional Information/Documents to be submitted.

Please refer to Annexure Z of this tender document for additional information and submission of documents.

a) IR (infra red) Spectrum of the product.


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b) Certificate of Analysis mentioning results of all the properties considered in technical specification of 2-EHN (Annex. Z).

c) Samples 2 samples – 500 ml each to be submitted. (As per Annex. Z)

d) Please forward Quality test certificates/Material Safety Data Sheet duly signed and stamped with your company seal along with your offer.

Documents in support of the same should be submitted with the Unpriced bid. Please specify the shelf life of the product. 2. Bid Documents:

a. Bid documents consist of all the documents from Annexure A to F & NRL specific

documents mentioned in the index & any additional document submitted by the bidder, in support of their claim of meeting the requirements in this tender.

b. NRL’s General Purchase Conditions (GPC) is an essential part of this bid document.

The terms & conditions mentioned there in, to the extent that they are applicable in the context of this procurement, shall hold good for this tender, in addition to the requirements, terms & conditions mentioned elsewhere in Annexure- A to F of this tender document. In case of any conflict between the terms & conditions in the GPC with that mentioned elsewhere in these tender documents, the latter shall prevail.

c. Bidder is expected to read, understand & accept all terms & conditions without any

deviations. In case bidder takes any deviation to any of the terms & conditions in these tender documents, the same shall be stated clearly with reasons in Annexure C, with reasons/remarks.

d. BPCL reserves the right to accept or reject any of the deviations . In case any of the

deviations taken by any bidder is not acceptable to BPCL, the same shall be taken up with bidder for withdrawal/modification of the deviation as deemed fit. In case the bidder declines to withdraw/modify the deviation as desired by BPCL, BPCL reserves the right to reject the offer at the technical/unpriced bid evaluation stage itself.

3. Bid Qualification Criteria: Bidders meeting the technical & commercial qualifying criteria as per the pre-qualification criteria, Annex. 3 of this tender document shall only be considered for further evaluation of bids.

4. Earnest Money Deposit (EMD) :

4.1 For supply to Numaligarh Refinery, bidders are required to submit interest free Earnest

Money deposit (EMD) of INR 250,000.00 for Indian bidders or USD 3,900.00 for foreign bidders.

Indian Bidders may submit an EMD by way of crossed, account payee Demand Draft

(DD)/Banker’s Cheque drawn on any Nationalized / scheduled Bank in favour of


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Bharat Petroleum Corporation Limited and payable at Mumbai or by way of Bank Guarantee (BG) or through NEFT.

Foreign vendors can submit an EMD by way of Bank Guarantee or wire transfer only.

In case of EMD in foreign currencies, bidders are requested to transfer the amount in the following account and upload proof of details of transfer in the respective folder on the e-tendering portal.

Beneficiary Name

Bharat Petroleum Corporation Limited

Bank Name Standard Chartered Bank

Branch Address 90, M G Road, Fort, Mumbai-1

USD Account no 22205032520

Swift Code SCBLINBBXXX

BSR Code 6470036

4.2 EMD can also be paid by way of Bank Guarantee as per the format provided in Annexure

F, from any bank recognized as Schedule bank by Reserve Bank of India, in favour of Bharat Petroleum Corporation Ltd, Mumbai. The BG shall be furnished on non-judicial stamp paper of value not less than Rs. 100.00.

The BG shall be kept valid for a period of 180 days beyond the period of bid validity. 4.3 EMD, wherever applicable, shall be paid separately by Demand Draft (DD), Bankers

Cheque drawn in favor of Bharat Petroleum Corporation Limited and payable at Mumbai. Alternatively EMD can also be paid by way of “Bank Guarantee” (BG) as per BG format (Annexure – F) from any bank recognized as Scheduled Bank by Reserve Bank of India in favor of Bharat Petroleum Corporation Limited, Mumbai. The BG in lieu of EMD shall be furnished on non-judicial Stamp Paper of value not less than ` 100/- and in prescribed Pro-forma given. The BG shall be kept valid for a period of 180 days beyond the period of bid validity.

4.4 Original DD / Banker’s Cheque or BG as the case may be, towards EMD, shall be sent separately to DGM CPO-Refineries, Bharat Petroleum Corporation Limited, Mumbai 400 074. Copy of DD / Banker’s Cheque / BG as the case may be, along with proof of dispatch to be uploaded along with “Technical / Un-Priced Bid”. Bids without EMD are liable to be rejected.

4.5 EMD of unsuccessful bidders shall be released after finalization of the tender.

4.6 The following categories of bidders are however exempted from depositing EMD: a) Units registered with National Small Industries Corporation (NSIC); b) Units falling under Micro & Small Enterprises (MSEs) category and registered

with authorities specified under Public Procurement Policy for MSEs. For Bidders under a&b above, the exemption would be extended only if their


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registration is available for tendered item and registration certification is valid as on date of quotation.

Such bidders must upload appropriate proof along with their "Pre-qualification Bid", to show that they are eligible for the exemption from EMD (application for registration as NSIC or for renewal will not be acceptable), failing which such bid will be treated as bid received without EMD and liable to be rejected.

4.7 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 / withdraw / modify their offer after submission within the validity period of the offer shall be liable to have their offer rejected and their EMD forfeited / en-cashed.

4.8 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 / Contract / Purchase Order.

4.9 Bidders are required to upload scan copy of EMD (DD/BG/Valid NSIC Certificate/

WIRE TRANSFER details) and scan copy of proof of dispatch (Airway bill receipt) in the respective folder of the e-tender before the due date. Bidder has to ensure that the EMD reaches us before the due date or within 7 days after Technical / Unpriced bid opening date.

4.10 Offers received without scan copy of EMD (DD/BG/Valid NSIC Certificate / WIRE

TRANSFER details) and scan copy of proof of dispatch (Airway bill receipt), uploaded in the applicable folder of an e-tender and physically not received within 7 days after “Technical / Un-Priced Bid” opening date (as indicated in the NIT or corrigendum thereof) are liable to be rejected.

5. Submission of Tender:

5.1 Bids should be submitted in “TWO BID SYSTEM” i.e. “Unpriced Bid” & “Priced Bid” through e-tendering portal.

5.2 "Unpriced bid” complete with all technical and commercial details other than price

shall be submitted. Accordingly, this shall contain the following:

i) Annexure 2 - This Special Conditions and Instructions to bidders, of tender, duly signed & stamped in all pages, as token of acknowledgement and acceptance.

ii) Annexure Z - Technical Specifications & Terms and conditions duly signed & stamped as token of acknowledgment and acceptance

iii) Agreed Terms & Conditions (Annexure –A), duly filled up, signed & stamped –

iv) Price schedule as per Annexure- B1/ B2 as the case may be, (without filling up the price, but with other details such as applicable taxes, freight etc.), signed & stamped

v) Deviations to Tender document, if any (Annexure –C), signed & stamped. Deviations if any are to be listed in Annexure – C only. Any


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deviation mentioned elsewhere in the bid shall not be taken into consideration. In case of no deviation, this may be filled up as NIL.

vi) Declaration regarding Holiday Listing – Annexure – D duly filled in, signed & stamped

vii) Bidders Information details – Annexure E, duly filled in, signed and stamped.

viii) Format for EMD – Annexure F ix) Proof of sending EMD–wherever applicable. Copy of DD/Pay

Order/Bank Guarantee/ Wire transfer as the case may be, with proof of dispatch / delivery to BPCL, CPO-Refineries. (EMD to be paid before submitting the bid).

x) NRL PDF DOCUMENTS: GPC (Local/Foreign -10 pages), Integrity Pact (6 pages). PBG (LOCAL/ FOREIGN – 3 pages) – Total 19 pages signed and stamped.

5.3 Priced Bid:

i. Priced bid shall consist of Price Schedule as per Annexure- B1/B2 with price portion duly filled up without any condition. The scanned copy of the Price schedule, Annex. B1/B2 shall be submitted by filling up the price and uploading the same in the price bid envelope provided in the e-portal.

ii. Bidders are requested to quote firm price.

iii. BPCL reserves the right to go for Reverse Auction (RA) instead of opening the price bid submitted through the portal. In case BPCL decides to go for RA, then the price bid shall not be opened and tender would be decided based on result of the RA. In case BPCL decides not to go for Reverse Auction, the tender will be finalized based on the uploaded scanned copy of price bid”. As such, the bidders should submit their best prices in the scanned paper price bid”.

iv. For foreign bidders, Order shall be placed on DDP basis.

5.4 Evaluation of offers: a. Price: Quoted price in Indian Rupees for Indigenous Supply and in Foreign Currency for Imported supply shall be considered for evaluation. For evaluation purpose, all quoted values (other than INR) would be converted to Indian Rupees at State Bank of India (SBI) TT -selling rate as on the date preceding the date of opening of price bid, for comparison of quotes.

b. Loading for Taxes and Duties:


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Indigenous Supplies: GST: CGST - SGST or IGST as applicable, along with Invoicing Location and HSN code no. must be clearly specified by the bidders in their offer. Quoting of HSN code no. and Invoicing Location is mandatory requirement and must from part of the unpriced bid. Imported Supplies: Foreign bidders are required to quote on Delivered Duty Paid (DDP) basis at NRL For foreign bidders, Order shall be placed on DDP basis. The bidder is responsible for all cost to be incurred upto W/H of NRL.

c. Loading on account of deviation in commercial terms: (for both Indigenous and imported supplies)

a. Payment terms: If any differential payment terms is offered by the vendor as against BPCL terms mentioned in this tender and the same is acceptable to BPCL, vendor shall be loaded at a rate equivalent to benchmark prime lending rate (BPLR) of State Bank of India applicable on the date of opening price bid, calculated for the applicable period for the applicable amount. Delayed Deliveries: Refer GPC clause no.20 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% of the order value or the differential % not agreed by the supplier.

d. Performance Bank Guarantee(PBG):

In case bidder does not agree to furnish PBG in the event of their getting order, then bid would be liable for rejection as such.

e. Evaluation Methodology and Price comparison:

Evaluation will be based on Net landed Cost. Offers would be evaluated for net landed cost as under :

Indigenous bidders: Basic Price + Freight + GST as applicable.

Foreign Bidder: Delivered Duty Paid (DDP) Charges at site NRL-Numaligarh refinery.

5.5. Bids complete in all respects should be uploaded in BPCL e-tendering portal on or

before the due date & time.

5.6. Fax / E-Mail offers shall not be accepted.

5.7. BPCL shall not be responsible for any delay in submission / uploading of offer.


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5.8. Offer shall be valid for a period of 90 days from Tender Due Date for placement of order. The price quoted shall be valid for supplies for a period of 12 months from the date of Purchase Order .

6. Tender Opening:

a. The unpriced part of the bid shall be opened on due date at 11.00 hrs (IST) through e-portal. Bidders who have submitted their bids, can view/witness result of technical bid opening through the e-portal.

b. The date and time of opening price bids shall be intimated separately to the techno-

commercially acceptable bidders and the price bids shall be opened through e-portal. Technically accepted bidders can view/witness result of priced bid opening through the e-portal..

c. In case BPCL decides to go for Reverse Auction (RA) the electronic sealed price bids will not be opened,, and the tender will be decided based on result of RA In that case , the date & time of Reverse Auction and methodology of Reverse Auction shall be intimated in advance to the technically acceptable vendors BPCL.

7. DELIVERY : a. Time is an essence of contract.

b. Material shall be delivered in ISO tanks.

Indigenous bidder: Bidder is required to deliver the material within 3 weeks of call off at site NRL- Numaligarh Refinery. The offer of the bidder failing to meet this delivery requirement may be liable for rejection.

Foreign Bidder: In case of foreign suppliers, material shall be delivered on Delivered Duty Paid (DDP) basis at site, NRL- Numaligarh Refinery within 8-10 weeks of call off. The offer of the bidder failing to meet this delivery requirement may be liable for rejection.

c. The quantities mentioned in the tender are our estimated requirement for a period

of one year and may vary depending upon refinery operations. Material shall be delivered as per call-off on need basis.

d. Test certificates for physical and chemical properties and laboratory analysis including purity, are required with each supply.

e. The vendor shall keep sufficient stock to ensure un-interrupted supply. In case, there is any problem in the vendor’s plant, due to any reason, vendor shall supply the material from other manufacturer’s with prior approval of BPCL, otherwise, NRL-Numaligarh Refinery will procure the material at Vendor’s risk and cost during the period. Please confirm acceptance of this delivery requirement.

f. Bidder is required to quote before the tender due date.


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g. Bidders are required to submit the sample as stated in Annex. Z to CRDC, Noida

before the tender due date and submit a confirmation of submission of sample at CRDC along with the unpriced bid. The acknowledgement of receipt of sample at CRDC, Noida is required to be uploaded on the e-tendering portal along with the other documents of bidder’s unpriced bid.

For submission of samples, bidders are given an additional time period of upto a maximum of 7 days from the original due date. Failure on part of the bidders to submit their samples to CRDC within THE TIME FRAME AS ABOVE may lead to rejection of their bids.

8.0 PERFORMANCE BANK GUARANTEE

Successful bidder (vendor) shall furnish a Performance Bank Guarantee (PBG) valid for a period upto one year from date of order. The PBG should be for a value not less than 10% of the total order Value.

9 PAYMENT:

a. Indian Vendor: 100% payment will be released within 30 days after receipt and acceptance of material at site and on submission of all the relevant dispatch documents including original invoice. b. Foreign Vendor: Payment shall be made to the vendor within 30 days of receipt and acceptance of materials at site at RL-Numaligarh refinery by wire transfer and on submission of all the relevant dispatch documents including original invoice.

10. General Points :

a. BPCL reserve the right to extend due dates of tender, accept or reject any tender in part or full, without assigning any reason whatsoever. Bharat Petroleum Corporation Limited also reserves its right not to accept the lowest rates quoted by the tenderers and also to give purchase preference to Public Enterprises, as admissible under the existing policies of Government of India and to JVs/Subsidiaries as per BPCL guidelines. It also reserves right to consider inflow of royalty to BPCL during evaluation of bids.

b. Performance Bank Guarantee [as per format] for 10% of order value, valid for a period of 12 months from the date of order, with claim period of 6 months thereafter.

c. BPCL reserves the right to stop calling off material/cancel the order by giving you 30 days notice in advance.

d. Offers and all correspondence must be in English language only.

e. All entries in the tender documents must be written in permanent ink or typewritten and there should not be any erasing or overwriting or corrections. Any unavoidable


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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.

f. Bidders are requested to provide detailed information along with the offer regarding the direct / indirect impact of their product on people, equipment, materials and machine. “Material Safety Data Sheet” may be submitted with the technical bid in case of hazardous items.

g. The material shall be packed in accordance with the rule, in weatherproof, shipment worthy, eco-friendly packing and labeled, indicating clearly the description of the item, hazardous nature if any, precaution and care to be taken.

h. Payments to all material suppliers, contractors, transporters etc shall be made by National Electronic Fund Transfer (NEFT) only. NEFT payment condition shall be acceptable to all suppliers, contractors and their appointed transporting agencies. In case bank details are not provided please submit the same in the prescribed format. Payment by cheque will be made only to those vendors whose bank is located in the city where NEFT payment facility is presently not available. Bids received from vendors who are not accepting the NEFT payment terms are likely to be rejected.

i. 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.

j. Bidders are to sign NRL integrity pact and submit along with bid document. Bids without signed Integrity pact are liable for rejection.

k. Valid digital certificate is compulsory for participation in E-Tender as well as Reverse auction. In case you do not have a valid digital certificate, arrange for the same from any service provider immediately so as to enable submission of offers in the e-platform within the tender due date.. Non availability of Digital certificate will be considered as your regret.

l. The vendor shall confirm their offer is exactly as per our specifications. Scope of work and all other terms conditions, enclosures and there is no deviations.

m. If there is any deviation the same shall be indicated strictly in format in Annexure-C (Deviation Form) , which is to be submitted along with un-priced bid. Please note that if no deviation is given in the Annexure C format, it shall be presumed that vendor’s offer has no deviation from our CRFQ.

n. The commercial terms offered by the bidder should be firm, clear and specific as the

tenders shall normally be finalized without seeking further clarifications.

o. Deviation taken, if any, in the commercial conditions may lead to appropriate loading of prices to make all offers commercially at par or rejection of offer, at the sole discretion of BPCL.

p. Vendor shall accept Contract for all items or part there off without any precondition

on minimum value on contact /subsequent call offs . Offers with precondition on minimum contract value/call off value or non acceptability of part order are not acceptable and such offers shall stand commercially rejected.


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q. Material has to be supplied with required Material Test Certificate. Supplies not accompanied with the test certificates may be liable to be rejected.

r. Vendor to confirm that free replacement shall be made in case the materials supplied

are rejected due to poor quality.

s. Vendor to confirm whether Repeat Order at the same price, terms & conditions would be acceptable after expiry of contract.

t. Arbitration and Jurisdiction clause shall be as per individual General Purchase

Conditions of BPCL – KR/ NRL as the case may be. Vendor to confirm acceptance of the same.

u. Bidders shall go through the attached General Purchase Conditions (GPC) of BPCL.

Same shall be signed , stamped & returned along with the unpriced bid, in token of acknowledgement & acceptance of the terms and conditions mentioned therein

11. INTEGRITY PACT (IP)

a. Bidders are to sign integrity pact and submit along with bid document. Bids without

signed Integrity pact are liable for rejection.

b. Proforma of Integrity Pact (IP)- Annexure E shall be returned by the Bidder/s along with the bid documents (technical bid in case of 2 part bids), duly signed by the same signatory who is authorised to sign the bid documents. All the pages of the Integrity Pact shall be duly signed. Bidder's failure to return the IP duly signed along with bid documents shall result in the bid not being considered for further evaluation.

c. 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 recovered from Bidder Liquidated Damages amount by forfeiting the EMD/Bid Security as per provisions of IP.

d. 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.

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

External Monitor (IEM). The IEM's name, address and contact number is given below :

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


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[email protected] [email protected] [email protected]

Mob. 09500998610 Mob. 09740069318 Mob. 09810642323

f. All vendors who are submitting their offer against this tender issued by BPCL, CPO-

Refineries are required to sign the BPCL Integrity Pact document as mentioned above.

12. ARBITRATION CLAUSES: 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.

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:

mailto:[email protected]


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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:

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:

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.

13. Purchase Preference Policy linked with Local Content (PPP-LC). PPP-LC is applicable

for this tender. Please refer to Annex. X of this tender document.

14.INSTRUCTIONS TO BIDDERS FOR E-TENDERING:

a) The bidder is requested to download the tender from BPCL’s e-tendering website https://bpcleproc.in & participate in the tender as per the instructions given above & herein, on or before the due date & 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.

b) For registration on the e-tender site https://bpcleporc.in bidder needs to download the User Instruction Manual from the site & read it. They shall have to select “Enrollment” and complete the “Supplier Registration Form” by filling in all the information correctly. Kindly remember the login id, password entered therein. After completing this process, system will generate an e-mail wherein a system generated “Challenge Phrase” will be mailed to you to complete balance registration process.

https://bpcleproc.in/

https://bpcleproc.in/

https://bpcleporc.in/


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c) As a pre-requisite for participation in the tender, bidders are required to obtain a valid

Digital Certificate of Class III and above as per Indian IT Act from the licensed Certifying Authorities operating under the Root Certifying Authority of India (RCIA), Controller of Certifying Authorities (CCA). The cost of obtaining the digital certificate shall be borne by the Bidder. In case any Bidder so desires, he may contact our e-procurement service provider M/s. E-Procurement Technologies Ltd., Mumbai (Contact no. 022 65354113, 022 65595111) 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.

d) Corrigendum/amendment, if any, shall be notified on the site https://bpcleproc.in. In case any corrigendum/amendment is issued after the submission of the bid, then such Bidders who have submitted their bids, shall be intimated about the corrigendum /amendment by a system-generated email. No written communication will be circulated. 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 & time.

e) 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 (IST) that will be displayed on e-Procurement web page shall be the time considered for determining the expiry of due date & time of the tender & 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 & 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 & take the print of the envelope receipt as a proof of submitted bid.

f) 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 & time of submission has elapsed.

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

h) Once the/PQ Bid/technical (or) un-priced bids are opened, bidders can see the list of Bidders who have participated in the bid by logging on to the portal under their user ID and password & clicking on “Other Bids” view. Subsequently, in case the price bids are opened in E Tendering platform, Bidders can see the rates quoted by all the participating bidders using the same option.

i) No responsibility will be taken by BPCL &/or the e-procurement service provider for any delay due to connectivity & 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 & seek help if they so require. Even


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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 & time is true for e-tendering service provider as well as BPCL officials.

j) BPCL &/or the e-procurement service provider shall not be responsible for any direct or indirect loss or damages & 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.

k) In case of any clarification pertaining to e-procurement process, the Bidder may contact the following agencies/personnel: 1. For system related queries: (our e-tendering service provider, E-Procurement

Technologies Ltd.) at contact no. 07940016868; email id: [email protected] Contact Persons : Mr. Ajay Nandangi : [email protected] 7208726400

2. For tender related queries: (BPCL CPO-Refineries) Mr. Sangram Sawant, Sr. Manager (CPO-R) Phone: 022-25524117 e-mail id : [email protected] OR Mr. Krishna sankar R.S , DGM, Proc. (CPO-Refineries) Phone: 022-2553202 e-mail id : [email protected]

mailto:[email protected]


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ANNEXURE 3

BID – QUALIFICATION CRITERIA (BQC)

1. Technical Criteria: 1.1 Bidder should be a manufacturer of Cetane Improver (2-EHN).

1.2 Bidder should have supplied Cetane Improver (2-EHN) to any Refinery / Petroleum

Installation during the period of preceding 36 months from the date of the tender, with total quantity supplied as under:

1.2.1 For supply to Kochi refinery (E-tender no: 37967): Not less than 80 MT in

the said thirty six months or not less than 27 MT in any consecutive 12 months period within the said 36 months.

1.2.2 For supply to Numaligarh Refinery Ltd (E-tender no: 37966): Not less than 800 MT in the said thirty six months or not less than 264 MT in any consecutive 12 months period within the said 36 months.

1.2.3 In case the bidder is submitting his offer for both the locations against (E-tender no: 37967) and (E-tender no: 37966); the bidder is required to meet combined criteria for both refineries, i.e. not less than 880 MT in the said thirty six months or not less than 291 MT in any consecutive 12 months period within the said 36 months.

Bidder shall provide documentary evidence such as purchase order copy/ invoice copy / letter from a competent authority to support this claim and also provide the contact details viz. address, e-mail and telephone/fax number of the concerned Authority in the Refinery.

2. Financial Criteria:

2.1 The bidder should have annual turnover of not less than the following

(to be supported by audited P&L a/c):

2.1.2 For supply to Kochi Refinery (E-tender no: 37967): Average annual turnover of the bidder during the preceding three financial years should be not less than Rs. 23.04 Lakhs. (USD 36,000/-)

2.1.3 For supply to Numaligarh Refinery (E-tender no: 37966): Average annual turnover of the bidder during the preceding three financial years should be not less than Rs. 230 Lakhs. (USD 355,000/-)

2.1.4 In case the bidder is submitting his offer for both the refineries against

(E-tender no: 37967) and (E-tender no: 37966), the average annual

turnover of the bidder during the preceding three financial years should be

not less than Rs. 253 Lakhs. (USD 391,000/-)

2.2.1 The net worth as per the latest audited annual report shall be positive (to be supported by audited balance sheet.


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Note to Bidders:

Bidder should ensure submission of complete information/ documentation in the first instance itself. Qualification may be completed based on the details so furnished without seeking any subsequent additional information.

- 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 system installed at their location.

- If bidder presents the annual turnover in any currency other than USD, the TT -selling rate of State Bank of India (SBI) as on the date of opening of unpriced bid, shall be considered for conversion.

Documents to be submitted:

Bidder shall be required to submit documents pertaining to BQC (listed below) for verification which shall be returned back to the bidder. - Company profile indicating organization structure of bidding entity. - Audited Profit and Loss statement and Balance sheet for an immediate preceding three

financial years. Further, for bidder who has not finalized their books of accounts for the FY 2017-18, evaluation of these criteria would be done for the previous 3 financial years ending 2016-17 for which books of account have been finalized and audited.

- Vendor/Bidder to submit copies of purchase/ work order containing the item description, ordered quantity, proof of supply of the item in support of both the above vendor qualification criteria.

- INTEGRITY PACT / HOLIDAY LISTING DECLARATON: Bidder is required to submit integrity pact duly filled, signed & stamped with Company seal and also ‘NIL’ Holiday Listing Declaration duly signed. Bidder failing to submit the above shall be liable for rejection.

3. Requirement regarding BQC/techno-commercial documents (for Indian bidders only):

Copies of BQC/techno-commercial documents submitted for this tender shall 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./ CEIL 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 (draft attached) duly signed & stamped by authorized signatory of TPIA before the due date of submission of the bids. An undertaking note from the vendor as per the attached draft shall also be uploaded as a part of the BQC/Techno-commercial bid as the case may be. 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.


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4. Earnest Money Deposit [EMD]:

All bidders except those eligible for exemption under MSE policy shall be required to

submit an EMD in the case of open tenders. The following is proposed:

6.1.1 For supply to Kochi Refinery: Earnest Money deposit (EMD) of Rs. 1 lac

6.1.2 For supply to Numaligarh Refinery: Earnest Money deposit (EMD) of Rs. 2.5 lacs. EMD shall be paid by Demand Draft (DD) / Banker’s Cheque drawn in favour of Bharat Petroleum Corporation Limited and payable at Mumbai. Alternately, EMD shall also be accepted by way of Bank Guarantee or through Electronic Funds transfer. Bank Guarantee (BG) executed by any scheduled Bank approved by RBI as per Proforma. BG shall remain valid for a period of 6 months from the due date of opening the tender. The bidders who are falling under MSEs category and registered with authorities specified under Public Procurement Policy for MSEs shall be exempted from payment of EMD. (For manufacturers only)

5. TENDERING METHODOLOGY & METHODOLOGY FOR AWARD OF CONTRACT:

Supply of Cetane Improver to BPCL- Kochi refinery, NRL- Numaligarh Refinery are grouped in 2 packages as below:

PACKAGE DETAILS

LOCATION

PACKAGE-1 SUPPLY OF CETANE IMPROVER (2-EHN) AT BPCL – KR

PACKAGE-2 SUPPLY OF CETANE IMPROVER (2-EHN) AT NRL-NUMALIGARH REFINERY

Bidders can bid for any package or any combination of packages, i.e. for both the locations by quoting in the respective e-tenders.

Unpriced bids (BQC, Technical and commercial) shall be opened first and evaluated.

Based on Techno commercial evaluation, price bids of qualified bidders for respective packages shall be opened one after other in the following sequence

Price bids of techno-commercially qualified bidders of Package- 2-SUPPLY OF CETANE IMPROVER (2-EHN) FOR NRL will be opened first and evaluated. In the case of bidder who is L1 for package 2 (NRL-Numaligarh Refinery), the price bid for package 1 (BPCL-KR) will be opened only if the bidder meets the combined technical & financial criteria as mentioned in clauses 2.1.4 and 1.2.3 respectively.


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ANNEXURE Z

Technical Specifications and Terms & Conditions

TECHNICAL SPECIFICATIONS FOR CETANE IMPROVER (2-ETHYL HEXYL NITRATE)

Chemical Name 2-Ethyl Hexyl Nitrate

Molecular Formula C8H17NO3

Molecular Weight 175.2

S.No. PROPERTIES

SPECIFICATIONS TEST METHOD

1 Appearance Colorless / Pale yellow clear liquid

Visual

2 Colour,max 1.0 ASTM D 1500

3 Purity, % wt /wt, Min 98

GC as per NOTE 1

4 Density at 15 0 C, kg/m3 960-980 ASTM D 4052

5 Kinematic Viscosity at 200 C, cSt, Max

2.0 ASTM D 445

6 Flash Point, PMCC , 0 C, Min. 72 ASTM D 93

7 Water Content, % wt, max 0.05 ISO 12937

8 Acidity as HNO3, %wt/wt ,Max

0.005 ASTM D 974 Refer NOTE 2

9 Solubility at 20 0C in diesel fuel Miscible in Diesel Refer NOTE 3

10 Spectroscopy examination Should conform to standard IR Spectra

11 Freezing Point To be reported by the bidder

12 Handling Practices & Precautions

MSDS to be supplied by the vendor


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NOTE 1 : PURITY OR ASSAY ANALYSIS OF CETANE IMPROVER (2-EHN)

1 ANALYTICAL TECHNIQUE Capillary Column GC

2 Analytical column DB-1, 60m x 0.25mmx 0.25 micron

3 Experimental condition

Injector Temperature 180 deg. C

Detector temperature 200 deg. C

Detector used FID

4 Oven (Iso thermal)

Temperature 160 deg. C

Carrier gas Helium(99.999% purity)

Note: The sample decomposition occurs at 200 deg. C. Therefore injector temperature should be kept not more than 190 deg. C

NOTE 2 : Determination of Acidity as HNO3, (% WT/ WT) in 2 – EHN

Total acidity in Cetane Improver 2 Ethyl- Hexyl Nitrate, is determined as per ASTM D 974 as mg KOH/gm. From this result acidity as HNO3 is calculated as given below:

Acidity as HNO3 (% wt/ wt) = (Acidity in mg KOH/gm) X 0.11

Note 3 : Solubility of 2 - EHN in Diesel Fuel

5 gm 2 Ethyl- Hexyl Nitrate and 95 gm of diesel fuel is taken in 250 gm stoppered measuring cylinder is kept in water bath maintained at 20 deg. C for 30 mins. Contents are shaked well so that 2-Ethyl Hexyl Nitrate is completely dissolved. Resultant solution should be clear and sediment free

TERMS & CONDITIONS: 1. Quantity to be supplied: KR: 80,000 KG (80 MT )

NRL: 800,000 KG (800 MT )

2. Period of Contract: 1 year (2018-19)

3. SAMPLE TESTING: 2 Samples are required from each bidder of 500 ml each, to carry out the specified tests and sample should be sent directly to CRDC at address given below:

Dr. Tushar Thorat Ch. Manager -R & D Bharat Petroleum Corporation Ltd Corporate R & D Centre, Plot No.-2A, Udyog Kendra,Surajpur


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(Behind Yamaha Motors) Greater Noida – 201 306 Off. : 0120-2354000 Extn : 4162 Mobile: 09810101089

Samples submitted directly to the CRDC Lab and proof of delivering the samples to be uploaded with the technical bid. (super scribing “Sample of Cetane Improver – CRFQ No. ………… dt…………. BPCL, CPO-Refineries)”

Samples would be tested at CRDC lab as per attached technical specifications and result of tests along with technical acceptability would be made available to CPO through KR/NRL.

Bidder is required to submit Certificate of Analysis mentioning results of all the properties considered in technical specification of 2-EHN (Annex. Z) along with MSDS duly stamped and signed.

CPO-R would open the price bids of only those bidders, whose samples are technically accepted by CRDC and KR/NRL.

The delivered bulk material supplied by vendor shall be the same as per the sample submitted for testing at CRDC.

4. Packing: The CI shall be supplied in ISO tanker of 20MT capacity.

5. Delivery:

Time is an essence of contract. Applicable to both Indigenous bidder and Foreign bidder, the material shall be delivered in ISO tanks at site, NRL-Numaligarh Refinery. Indigenous bidder: Bidder is required to deliver the material within 3 weeks of call off at site NRL-Numaligarh Refinery. The offer of the bidder failing to meet this delivery requirement may be liable for rejection.

Foreign Bidder: In case of foreign suppliers, material shall be delivered on Delivered Duty Paid (DDP) basis at site, NRL- Numaligarh Refinery within 8-10 weeks of call off. The offer of the bidder failing to meet this delivery requirement may be liable for rejection.

NRL: The capacity CI storage vessel in Refinery is about 40MT. The consumption of CI is about 80-100 MT per month. Therefore 4-5 nos of 20 MT tankers should be supplied in a month, each at an interval of 10 days. Any change in delivery schedule shall be intimated 7 days in advance. Material shall be delivered based on call off as per user requirements.

6. Other terms & Conditions:

6.1 Following document should be submitted along with offer:


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- MSDS of the chemical. - Shelf life. - Packing size (capacity of ISO tanker/s). - Source of supply. - Details/ reference of earlier supply of CI to other Oil PSUs.

6.2 Bidder shall arrange the ISO tanker/s for supply of the CI in time. Following

should be clearly mentioned/ attached with the challan of each tanker of CI: - Trade name/code Chemical formula - Gross & Net wt of the tanker in Kg - Lot no./ Date of manufacture - CI Batch’s Test certificate

6.3 Bidder shall send the detail about the dispatch of each tanker. Also bidder shall keep track and follow-up with the tanker’s driver/s for timely delivery of CI tanker at site. Bidder shall send the movement status of all tankers in transit on daily basis. Bidder shall take immediate action, in case any tanker is stuck-up in transit due to various reasons.

6.4 The driver/s of the Tanker should have valid documents like registration Certificate,

Driving license, Insurance certificate, road tax clearance etc. with them so that there is no delay in transit/ at Refinery material gate etc.

7. The vendor shall keep sufficient stock to ensure un-interrupted supply. In case, there

is any problem in the vendor’s plant, due to any reason, the vendor shall supply the material from other manufacturers with prior approval of NRL/ KR, otherwise, NRL / kr will procure the material at vendor’s risk and cost during the period.

8. Weighment: After receipt of the tanker at site, CI shall be unloaded in to the CI vessel

at site. Quantity of CI receipt shall be certified based on the weight of the tanker at our weigh bridge before and after unloading of the CI from the tanker.


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ANNEXURE - A

AGREED TERMS & CONDITIONS

(EACH POINT MUST BE CONFIRMED/COMMENTED UPON AND MUST BE SUBMITTED ALONG WITH TECHNICAL BID)

S. No.

Tender Requirement Vendor’s confirmation/ acceptance/comments to be

mentioned for each item

A TECHNICAL:

1 The bidder shall be a reputed manufacturer of Cetane Improver.

2 Bidder wishing to supply to Numaligarh refinery: Not less than 800 MT in the said thirty six months or not less than 264 MT in any consecutive 12 months period within the said 36 months. Bidder wishing to supply to both Kochi (e-tender no: 37967) and NRL (e-tender no: 37966) to meet combined criteria for both refineries, i.e. not less than 880 MT in the said thirty six months or not less than 291 MT in any consecutive 12 months period within the said 36 months.

3 Confirm that the offer has been submitted strictly as per the enquiry.

4 Vendor to confirm that the physical and chemical properties of the material have been indicated in their quotation, as per Technical Specifications in Annexure Z.

5 Confirm that there is no technical deviation and specification of offered product is same as per tender specification.

6 Quality Commitment: Material supplied will meet the technical specification as agreed to.

B. COMMERCIAL

1 Confirm that you are meeting Pre Qualification criteria and proof as required is attached.

2 Confirm that BPCL’s & NRL’s Integrity pact is duly signed and submitted by you as per requirement.

3 Indicate the quoted currency.


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4 Indicate Country of Origin of goods offered

5 Confirm that the prices are given strictly as per Price Schedule.

6 Details of Packing of goods offered.

7 For Indian Bidders : Indicate basis of quoted prices. (Ex-Works/ FOR Dispatch point/ FOR Destination/ free delivery at site) -

8 For Foreign Bidders.: Confirm whether DDP prices have been indicated in the offer.

9 Charges to agencies shall be borne by the vendor, if order is placed on DDP basis.

10 Indigenous bidder: Material shall be delivered at site NRL refinery Bidder shall be required to deliver the products within 3 weeks of Call offs. Foreign bidder: Bidder shall be required to deliver the material within 8-10 weeks of call offs. This shall be reckoned from the date of Purchase order/Call Off order issued by respective refinery P&CS Dept.

11 Confirm that the Prices shall be FIRM till complete execution of the order.

12 Confirmation that the quoted prices are valid for acceptance upto 90 days from the due date / extended due date of tender.

13 On account of exigencies, if the bidder is requested to extend the validity of their offer, the same should be extended without any deviation including change in price.

14 For Indian Bidders: If GST is presently not applicable, confirm whether the same will be borne by you in case it become leviable later. Also pl give reasons for non application of GST

15 For Indian Bidders: Wherever GST CREDIT can be availed by BPCL, GST shall be reimbursed by BPCL after receipt of proper documents to avail GST credit.

16 For Indian Bidders: Statutory variation in GST tax rate (including CGST – SGST or IGST during contractual delivery period shall be to BPCL account. Any increase in the rate of GST beyond CDD shall be to vendor’s account. Any increase in the rates of GST beyond the contractual completion date or approved extended contractual completion date


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will be borne by BPCL to the extent GST credit documents are passed on to BPCL and BPCL is in a position to get the GST credit claim from the authorities. However, the benefit of any reduction must be passed on to BPCL.

17 Prices quoted shall exclude transit insurance charges as the same shall be arranged by BPCL.

18 For Indian Bidders: Confirm that all Bank charges and Stamp Duties shall be borne by the bidder. For Foreign Bidders: Confirm that all bank charges & stamp duties overseas , if any, are included in the price, & only bank charges/stamp duties, if any, in India to be borne by BPCL.

19 For Foreign Bidders: Confirm that all taxes, duties & levies of any kind upto RESPECTIVE REFINERY shall be borne by supplier.

20 Confirm acceptance of BPCL’s `General Purchase Conditions’(GPC) in toto.

21 In case of deviation/ reservations etc., to BPCL’s GPC & tender conditions, confirm that the same has been given in separate Deviation sheet as desired & deviations/reservations/notes/ comments etc., given elsewhere in the offer shall not be considered.

22

Confirm acceptance of part order without any stipulation of minimum order value/quantity.

23 Confirm acceptance of repeat purchase order with the same rate & terms & conditions within 12 months from the date of original purchase order.

24 Acceptance to price reduction for delay in delivery beyond contractually agreed schedule @ ½% of undelivered order value per week of delay or part thereof, subject to a ceiling of 5% of total order value as per BPCL’s GPC. In case this point is not accepted by the vendor, loading shall be done as per Evaluation Clause of Special conditions.

25 Payment term : For Indian Bidders: Confirm that payment term shall be 100% within 30 days of receipt and acceptance of material at site. For Foreign Bidders: Payment shall be made to the vendor within 30 days of receipt and acceptance of materials at site at site NRL-Numaligarh refinery by wire transfer


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and on submission of all the relevant dispatch documents including original invoice. For any other payment terms necessary loading shall be done on the quoted price as per respective clause under “Evaluation basis”.

26 Performance Bank Guarantee (PBG) : Confirm that you will furnish 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 attached. In case BG is furnished by any foreign bank, the same shall be countersigned by Indian Branch of the Foreign Bank, which should be a scheduled bank as per RBI or by any Indian Scheuled Bank The PBG should be valid for a period calculated as Delivery Period + 12 months + 6 months claim lodging period and shall be furnished within 15 days of PO. The PBG should be sent to us directly by your Banker. In case this point is not accepted by the vendor, the bid is liable to be rejected.

27 Indicate relationship with any of our Directors.

28 Please confirm you have filed declaration in Holiday Listing attachment. In case you have been been banned or delisted by any Government or Quasi Government agencies or PSUs, this should be clearly stated in the declaration. If this declaration is not furnished, the bid shall be rejected as non-responsive.

29 You are requested to furnish the following information for e-payment:

a) Name of the vendor/contractor party b) Account No. of the party c) Bank & Branch Name where the above

account is maintained d) Type of account (current/saving/cash

credit A/c) e) Branch code of the above bank branch

– For Indian Bidders

f) IFSC code / MICR code of the above For Indian Bidders

g) SWIFT Code. – For Foreign Bidders.


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30 For Indian Bidders: If the items are covered under DGS&D rate contract, confirm that a copy of rate contract is enclosed with your offer.

31

Please confirm, whether your company is Micro and Small Enterprises (MSEs) and MSEs owned by Scheduled Caste (SC) or the Scheduled tribe (ST) entrepreneurs.

YES / NO If Yes, Pl submit Notarized 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 on a duly notarized Rs.100 stamp paper 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.

32 In terms of Section 8 of The Micro, Small and Medium Enterprises Development Act (MSMEDA), 2006 , eligible bidders is requested to submit a copy of the relevant memorandum/ notification issued by authority notified by the State Government or Central Government & by medium enterprises with the authority notified by the Central Government, i.e., General Manager, District Industries Centre or any District Level Officer of equivalent rank in the Directorate or the Department dealing with micro, small & medium enterprises of the State Government or the Union Territory Administration, along with the offer for availing the privileges.

33 For Foreign Bidders: Direct offer without the intermediary of an Indian Agent only will be considered.

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. Vendor to confirm acceptance.

Yours faithfully,

Place: ………… For and on behalf of

Date :………… Signature & seal of the vendor


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(Indian bidders) ANNEXURE- B1

PRICE SCHEDULE (UNPRICED BID)

QUOTATION FOR SUPPLY CETANE IMPROVER (2-EHN) TO NUMALIGARH REFINERY (NRL)

Bidder offer ref. no.: __________ Dated : CRFQ No. 1000304126 E-Tender no: 37966 QUOTED CURRENCY: INR UOM: KG

Description NRL

CETANE IMPROVER (2-EHN) Product name: ___________

QUANTITY (KG)

800,000 KG

BASIC UNIT RATE: INR/KG TO BE INDICATED IN PRICE BID

Packing and forwarding charges (if applicable extra)

GST: IGST: CGST / SGST:

HSN CODE NO.

Transportation Charges in percentage on basic price (%) or per kg basis

INVOICING LOCATION:

Container rental charges beyond free period of 3 working days

Transit Insurance Charges

Packing Details : Place of Dispatch : Destination : NRL - NUMALIGARH REFINERY


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We have gone through the details of the terms & conditions of M/s. Bharat Petroleum Corporation Ltd (CPO - Refineries) for this tender and we agree to abide by the same.

Yours faithfully, Place: __________ Date: ____________

For and on behalf of Signature & seal of the vendor


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(Foreign Bidders) ANNEXURE B2

PRICE SCHEDULE (UNPRICED BID)

QUOTATION FOR SUPPPLY OF CETANE IMPROVER (2-EHN) TO NRL-

NUMALIGARH REFINERY (NRL) Bidder offer ref. no.: __________ Dated : CRFQ No. 1000304126 E-Tender no: 37966 QUOTED CURRENCY: _______ (Please indicate) UOM: KG

Description NUMALIGARH REFINERY

CETANE IMPROVER (2-EHN) Product name: ___________

QUANTITY (KG) 800,000 KG

DDP RATE/KG (Applicable currency) TO BE INDICATED IN PRICE BID

CUSTOMS TARIFF NO.

Container rental charges beyond free period of 3 working days

Transit Insurance

Packing Details: Port of Dispatch: Place of Destination: NRL-NUMALIGARH REFINERY We have gone through the details of the terms & conditions of M/s. Bharat Petroleum Corporation Ltd (CPO - Refineries) for this tender and we agree to abide by the same.

Yours faithfully

Place: _________ Date: __________ For and on behalf of Signature & seal of the vendor


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Annexure-C

List of Deviations to the tender document:

SR.No. / Annexure

Reference Clause of Tender Document

Deviation

Yours faithfully, For and on behalf of

Signature & seal of the vendor


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ANNEXURE –D PROFORMA OF DECLARATION OF BLACK LISTING/HOLIDAY LISTING

In the case of a Proprietory 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 proprietor nor in any partnership firm in which I am involved as a Managing Partner have been placed on black list or holiday list declared by Bharat Petroleum Corporation Limited or its Administrative Ministry, except as indicated below: (Here give particulars of black listing or 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 black list or holiday list declared by Bharat Petroleum Corporation Limited or its Administrative Ministry, except as indicated below: (Here give particulars of black listing or holiday listing and in absence thereof state “NIL”). In the case of Company We hereby declare that we have not been placed on any holiday list or black list declared by Bharat Petroleum Corporation Limited or its Administrative Ministry, except as indicated below: (Here give particulars of black listing or holiday listing and in absence thereof state “NIL”). It is understood that if this declaration is found to be false in any particular respect, Bharat Petroleum Corporation Limited or its Administrative Ministry, shall have the right to reject my/our bid, and if the bid has resulted in a contract, the contract is liable to be terminated.

Yours faithfully, Place: …………. For and on behalf of

Date :…………:

Signature & seal of the vendor


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Annexure : E

FORMAT FOR BIDDER’S INFORMATION

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 Organisation: Government Dept./Public Sector Undertaking/Public Limited Company/ Private Limited Company / Partnership/ Propreitorship Others (Pl. specify)

6 Location of Registered Office , in the case of Company

7 Residential status : Indian or Non-resident;

8 Indian Income Tax PAN Number: (Note : In case where Indian Income Tax Deduction at Source is applicable, non-availability of PAN Number will entail a higher deduction)

9 In case non-resident, whether the bidder is having any Permanent Establishment in India, through which business transactions in India are carried out.

10 IN CASE BIDDER IS A MANUFACTURER FOR

ITEMS UNDER REFERENCE:

10.1 Address of Factory:

10.2 Central Excise Registration Number(For Indian bidders)

10.3 Service Tax Registration Number , if any (For Indian Bidders)

10.4 Sales Tax / VAT / CST Registration Number(For Indian Bidders)


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11 IN CASE BIDDER IS A DEALER / TRADER / SERVICE PROVIDER FOR ITEMS UNDER

REFERENCE:

11.1 Central Excise Registration Number, if any(for issuing Cenvatable invoice under Cenvat Credit Rules) (For Indian Bidders)

11.2 Service Tax Registration Number, if any (For Indian Bidders)

11.3 Sales Tax / VAT / CST Registration Number (For Indian Bidders)

12 CONTACT PERSON’S DETAILS:

12.1 Name & Designation

12.2 E-mail id

12.3 Telephone No.- Landline

12.4 Mobile Number.

12.5 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?


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Annexure-F

PROFORMA OF BANK GUARANTEE

(On non-judicial paper of appropriate value)

FOR EARNEST MONEY

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


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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.

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 inall 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 this 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 sign & issue this 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.