commercial amendment no. 2 to bidding document no. … · sk/ b034-0mr-rg-mr-6010/1002 item sl. no....

COMMERCIAL AMENDMENT NO. 2

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TO

BIDDING DOCUMENT NO. SK/ B034-0MR-RG-MR-6010/1002 ITEM: CCR CYCLEMAX REACTOR REGENERATION PACKAGE FOR MS BLOCK PROJECT OF

M/s BPCL-KOCHI REFINERY, KOCHI


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NAME OF WORK: CCR CYCLEMAX REACTOR REGENERATION PACKAGE FOR MS BLOCK PROJECT OF M/s BPCL-KOCHI REFINERY, KOCHI BIDDING DOCUMENT NO. : SK/ B034-0MR-RG-MR-6010/1002

The terms, conditions and specifications of Bidding Document stand modified to the extent indicated under column “MODIFICATIONS/ ADDITIONS/ DELETIONS”. All other terms & conditions, stipulations, specifications etc. of Bidding Document issued earlier shall remain unaltered:

Sl. No.

Section (Document)

Page No.

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Subject Modifications/Additions/Deletions

1. Agreed Terms and conditions (Indian)

Agreed Terms and conditions (Indian) attached with the RFQ document stands replaced with ATC (Indian) Rev.1 attached with this amendment.

2. Agreed Terms and conditions (Foreign)

Agreed Terms and conditions (Foreign) attached with the RFQ document stands replaced with ATC (Foreign) Rev.1 attached with this amendment.

3. Agreed Terms and conditions (Indian sourced supplies/ services)

Agreed Terms and conditions (Indian sourced supplies/ services) attached with the RFQ document stands replaced with ATC (Indian sourced supplies/ services) Rev.1 attached with this amendment.

4. Special Instruction to bidders

Special Instruction to bidders attached with the RFQ document stands replaced with Special Instruction to bidders Rev.1 attached with this amendment.

5. Special Instruction to bidders Rev. 1

Cl. No. 1.3

Payment Terms for

Indian Bidders

Payment terms for supply mentioned at Cl. No. 1.3.1 stands revised as below: “1.3.1 Supply

1.3.1.1 5% Payment through direct wire transfer on approval of identified drawings atleast

in CODE-2 by EIL against submission of Bank Guarantee of equivalent amount valid till complete execution of Order plus Three months claim period.

1.3.1.2 10% through direct wire transfer against placement of sub-order for specified major raw material (to be identified during kick off meeting) and against submission of ABG of equivalent amount valid till complete execution of order plus three months claim period. Billing Schedule to be furnished by the Supplier in case pro-rata payments are required.

1.3.1.3 15% Payment through direct wire transfer after receipt of identified raw materials


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((to be identified during kick off meeting) at Supplier’s Works and against certification by EIL and submission of Bank Guarantee of equivalent amount valid till complete execution of Order plus Three months claim period. Billing Schedule to be furnished by the Supplier in case pro-rata payments are required.

1.3.1.4 50% Payment through direct wire transfer after receipt of equipment/materials at BPCL’s Site. Billing Schedule to be furnished by the Supplier in case pro-rata payments are required.

1.3.1.5 10% payment through direct wire transfer after completion of Site Work and submission of final Technical documents as specified in the Purchase Requisition against EIL’s Certification and submission of Performance Bank Guarantee for 10% of Total Order Value (Supply plus Site Work), valid till full guarantee period plus three months claim period. In case of delay in start of the site work beyond 6 months, the above 10% Payment shall be released against submission of Bank Guarantee of equivalent amount valid initially for 1 year and subject to extension upto completion of the site work. However, in the event of delay in the site work, the Supplier is not relieved of his responsibility to carry out the same.

1.3.1.6 10% payment through direct wire transfer within 30 days of handing over the successfully commissioned equipment. Wherever commissioning is not in the Supplier’s scope, the payment will be released after completion of Site Work as per PR and handing over of equipment.”

6. Special Instruction to bidders Rev. 1

Cl. No. 2.2

Payment Terms for Foreign Bidders

Payment terms for supply mentioned at sub Clause No. 2.2.1 stands revised as below: “ For Supply Portion

2.2.1

a) 5% Payment through direct wire transfer on approval of identified drawings atleast in CODE-2 by EIL against submission of Bank Guarantee of equivalent amount valid till complete execution of Order plus Three months claim period.

b) 10% through direct wire transfer against placement of sub-order for specified major


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raw material (to be identified during kick off meeting) and against submission of ABG of equivalent amount valid till complete execution of order plus three months claim period. Billing Schedule to be furnished by the Supplier in case pro-rata payments are required.

c) 15% Payment through direct wire transfer after receipt of identified raw materials ((to

be identified during kick off meeting) at Supplier’s Works and against certification by EIL and submission of Bank Guarantee of equivalent amount valid till complete execution of Order plus Three months claim period. Billing Schedule to be furnished by the Supplier in case pro-rata payments are required.

d) 60% Payment of FOB Supply value through an Irrevocable Letter of Credit against submission of Shipping Documents. The Letter of Credit shall be established only on receipt of acceptance of Fax of Acceptance/Purchase Order along with submission of Bank Guarantee of 15% of Order Value (10% towards Performance Bank Guarantee valid till full Guarantee period plus Three months claim period& separate 5% Bank Guarantee towards Price Reduction Schedule due to delay in delivery valid till contractual delivery date (CDD) + Five and half Months).”

7. Price Schedule (Indian/ Foreign Bidders)

Price Schedule attached with the RFQ document stands replaced with Price Schedule Rev.1 attached herewith with this amendment.

8. Annexure to RFQ Annexure-PPLC

New Annexure for Purchase Preference (linked with Local Content) is enclosed with this Commercial Amendment.

9. Request For Quotation (RFQ) & Invitation for Bids (IFB)

27/ 9.15 Purchase Preference linked with

Local Content

(PPLC)

Following Para is inserted at the end in Clause No. 27 of RFQ & Clause no. 9.15 of IFB : “Bidders are also allowed to avail the purchase preference linked with attaining the

stipulated Local content as per provision mentioned in Annexure-PPLC attached with this Amendment.”

Note: Bidder shall submit duly signed & stamped copy of this Amendment as a token of acceptance of the same.

(STAMP & SIGNATURE OF THE BIDDER)

Price Scheduled Revision 1 dated 28.07.2017

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PREAMBLE TO PRICE SCHEDULE (INDIAN)

Bidder shall furnish built-in CIF value if any, against each quoted item, giving details of description of goods, qty. rate of Custom Duty etc. in attached FORMAT- "CIF/CD". In case complete

details are not furnished in Price Bid, benefit shall not be applicable.

Bidder must quote the price in enclosed Price Schedule formats only. The formats shall not be changed and/or retyped.

RFQ NO. SK/ B034-0MR-RG-MR-6010/1002

ITEM : CCR CYCLEMAX REACTOR REGENERATION PACKAGE

Bidders must quote Transportation charges as per MR requirement in the space provided in the price schedule.

In case of ODC item, equipment shall be transported by hydralic exile vehicle only and bidder shall arrange GPS Tracking System which shall be installed on the prime mover of the vehicle.

Bidder to inform website log-in ID & password and mobile no. of driver to the purchaser prior to despatch and cost for the same shall be included in quoted price.

Scope of supply including testing, inspection, documentation etc., shall be strictly as per Material Requisition and other documents which are part of RFQ. Bidder's quoted prices shall be

inclusive of all technical requirements as per the provisions of the MR.

NAME OF BIDDER: M/S __________________________

Vendor to furnish proof for transportation of ODC eqpt. from vendor works to Kochi Refinery in the form of supporting documents such as preliminary GA alongwith preliminary survey report.

Evaluation shall be done on lowest evaluated price (L-1) basis considering the Sum-Total of prices for Supply + Transportation + Site Work + Charges for 3 D Modelling and loadings as per

the provisions of the Bidding Document. Bidder to quote for complete package. Input Tax credit available to BPCL shall be considered for arriving Evaluated prices.

Bidder must submit signed and stamped Un-Priced copy of Price Schedule indicated "Quoted"or "Not Quoted" against each item with their Unpriced offer.

Bidders shall include the cost towards Comprehensive Insurance (Transit/Marine cum Storage, Erection, Workmen Compensation etc. till handing over of equipment) for the entire scope of

work as per MR, in their quoted prices.

Quoted prices are firm and fixed till complete execution of the entire order and no variation on any account is allowed.

Bidder to confirm that he has noted the contents of the Preamble to the Price Schedule, Price Schedule, RFQ, Material Requisition etc and quoted his prices accordingly without any deviation.

Necessary Tax Registration, if any, for site activities shall be done by bidder and cost for the same shall be included in the quoted price.

Bidder to note that inspection for Indigenious supplies shall be carried out by EIL and the charges for the same shall be borne by Owner. However, in case of certain Import Contents as

required by bidder for subject item the same shall be procured under TPIA (Lloyds/BV/DNV/TUV/CEIL) inspection in the country of origin and the quoted prices shall be inclusive of the same.

Page 1 of 4


RFQ NO. SK/ B034-0MR-RG-MR-6010/1002

ITEM SL.

NO. AS PER

MR.

DESCRIPTION/ TAG NO.

Total Price on FOT Despatch Point

Basis incl. of P & F

(in INR)

Total Transportation Charges upto

Project Site Exclusive of GST

(in INR)

1

01.00 Supply of CCR CYCLEMAX REACTOR REGENERATION

PACKAGE for following Tags/ Items as per complete scope

mentioned in Material Requisition No. B034-0MR-RG-MR-6010 REV.

A and its Amendments, if any.

01.01 PACKAGE

2 SITE WORK PRICE

ITEM SL.

NO. AS PER

MR.

DESCRIPTION/ TAG NO.

02.00 Site Work Price for following Tags/ Items as per complete scope

specified in Material Requisition (MR)

02.01 FOR SR. NO. 01.01

07.00Charges for 3 D Modelling (all inclusive except GST) as per

enclosed job specification in Material Requisition.

3 D MODELLING

1 LS

NAME OF BIDDER: M/S __________________________

Total Site Work Price incl. of all Taxes/ Duties but excl. of GST

(in Rs.)

PRICE SCHEDULE (INDIAN BIDDER)


MAIN SUPPLY PRICE

QUANTITY

1 LS

QUANTITY

(IN NOS.)

1 LS

Page 2 of 4


RFQ NO. SK/ B034-0MR-RG-MR-6010/1002

For Item Sl

. No. as per

MR

Description

of Imported

Items

Qty.

(Unit____)

(Bidder to

specify)

HSN CODE BASIC

CUSTOMS

DUTY (%)

EDU. CESS

ON

CUSTOM

DUTY (%)

IGST (%) TOTAL CUSTOM

DUTY (%)

1 2 3 4 57

8 9

i)_____

ii)_____

TOTAL CIF VALUE

For Item

SL. No 1.00

DESCRIPTION CIF value of Import

Content included in

quoted supply

prices for the Qty.

mentioned in

column (2)

(In Rs)

RATE OF IMPORT DUTY INCLUDED IN QUOTED SUPPLY PRICES

DETAILS OF BUILT-IN-CIF VALUE OF IMPORT CONTENT CONSIDERED AND INCLUDED IN QUOTED FOT DESPATCH POINT PRICES UNDER PRICE

SCHEDULE

ENCLOSURE TO PRICE SCHEDULE FOR SUPPLY

NAME OF BIDDER: M/S __________________________


FORMAT - "CIF/CD"

Page 3 of 4


S. No. Description of Taxes & dutiesAPPLICABLE RATE IN

PERCENTAGE (%)

BASE AMOUNT ON

WHICH TAX IS

APPLICABLE

(Rs.)

AMOUNT OF GST

(Rs.)HSN or SAC Code/

Place of Invoicing

(1) (2) (3) (4) (5) (6)

1 COMPONENTS OF GST

1.1 IGST (INTERSTATE)

1.2 GST ( INTRA STATE)

CGST

SGST

1.3 GST Compensation cess

1 COMPONENTS OF GST



CGST

SGST


1 COMPONENTS OF GST



CGST

SGST


1 COMPONENTS OF GST



CGST

SGST


Transportation

Note:2 - Input credit as available to BPCL shall be considered as per RFQ documents. If any row of column 5 is left Blank, same shall be considered

as NIL for Evaluation.

Details of Taxes & Duties

RFQ NO. SK/ B034-0MR-RG-MR-6010/1002


BIDDER NAME: -----------------------------------------------

Note:1 - In case of any exemption / relaxation on taxes & duties is applicable to bidder, copy of relevant notification is to be furnished along with bid

with confirmation that such exemption will be applicable upto delivery (as per present notification)

1.2.1

Supply

Site Work

1.2.1

3 D Modelling

1.2.1

1.2.1

Page 4 of 4


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14 Bidder to confirm that he has noted the contents of the Preamble to the Price Schedule, Price Schedule, RFQ, Material Requisition etc and quoted his prices accordingly without any deviation.

PREAMBLE TO PRICE SCHEDULE (FOREIGN)

Bidder shall quote in USD / Euro / INR only. However for supplies sourced from India, bidder shall quote prices only in INR.

Bidder must quote the price in enclosed Price Schedule formats only. The formats shall not be changed and/or retyped.

RFQ NO. SK/ B034-0MR-RG-MR-6010/1002

Bidder shall quote Ocean freight from Port of exit to Kochi Port of entry India. Further on reaching of material at Kochi Port of entry India, the supplier shall make necessary arrangement for Port

clearance (incl. payment of CD/IGST etc.) and Transportation from Kochi Port to Project site as per MR.


NAME OF BIDDER: M/S __________________________

Scope of supply including testing, inspection, documentation etc., shall be strictly as per Material Requisition and other documents which are part of RFQ. Bidder's quoted prices shall be inclusive of

all technical requirements as per the provisions of the MR.

Necessary Tax Registration, if any, for site activities shall be done by bidder and cost for the same shall be included in the quoted price.

Bidders shall include the cost towards Comprehensive Insurance (Transit/Marine cum Storage, Erection, Workmen Compensation etc. till handing over of equipment) for the entire scope of work as

per MR, in their quoted prices.

Evaluation shall be done on lowest evaluated price (L-1) basis considering the Sum-Total of prices for Supply + Transportation + Site Work + Charges for 3 D Modelling and loadings as per the

provisions of the Bidding Document. Bidder to quote for complete package. Input Tax credit as available to BPCL shall be considered for arriving Evaluated prices.

Bidder must submit signed and stamped Un-Priced copy of Price Schedule indicated "Quoted"or "Not Quoted" against each item with their Unpriced offer.

Bidders must quote Transportation charges as per MR requirement in the space provided in the price schedule.

In case of ODC item, equipment shall be transported by hydralic exile vehicle only within India and bidder shall arrange GPS Tracking System which shall be installed on the prime mover of the

vehicle. Bidder to inform website log-in ID & password and mobile no. of driver to the purchaser prior to despatch and cost for the same shall be included in quoted price.

Vendor to furnish proof for transportation of ODC eqpt. from vendor works to Kochi Refinery in the form of supporting documents such as preliminary GA alongwith preliminary survey report.

Bidder's quoted prices are inclusive of TPI Charges, in case of Imported items. TPI Agency will be Lloyds/BV/DNV/TUV/CEIL. However inspection for Indigenious supplies shall be carried out by EIL

and the charges for the same shall be borne by Owner.

Quoted prices are firm and fixed till complete execution of the entire order and no variation on any account is allowed.

Page 1 of 5


FOR ITEMS SUPPLIED FROM INDIA

Unit/ Total Price (FOB

International Port of Exit

Basis as per Incoterms

2010) (Currency --------------)

Total Ocean Freight

Charges from FOB

International Seaport of

Exit upto Kochi Port

(India)

(Currency --------------)

Total Price for Port Clearance

(including payment of CD/ Edu

cess/IGST etc.) and

Transportation Charges from

Kochi Port to Project Site.

(Details of Taxes/ Duties to be

furnished in FORMAT TD-F1)

(Currency --------------)

Total FOT SITE Basis including P&F &

transportation charges and all Taxes & Duties and

Transit Insurance excluding GST

(Details of Taxes/ Duties applicable Extra is to be

furnished in FORMAT TD-F2)

(in INR)

(1) (2) (3) (4) (5) (6) (7)

01.00 Supply of CCR CYCLEMAX REACTOR REGENERATION

PACKAGE for following Tags/ Items as per complete scope

mentioned in Material Requisition No. B034-0MR-RG-MR-6010

REV. A and its Amendments, if any.

01.01 PACKAGE 1 LS

ITEM SL.

NO. AS PER

MR.

DESCRIPTION/ TAG NO. QUANTITY

02.00 Site Work Price for following Tags/ Items as per complete

scope specified in Material Requisition (MR)

02.01 FOR SR. NO. 01.01 1 LS

07.00

Charges for 3 D Modelling (all inclusive except GST) as per

enclosed job specification in Material Requisition.

(Details of Taxes/ Duties to be furnished in FORMAT TD-F3)

1 LS


3 D MODELLING

ITEM SL.

NO. AS PER

MR.

DESCRIPTION/ TAG NO. QUANTITY

(IN NOS.)

FOR ITEMS SUPPLIED FROM FOREIGN

SITE WORK PRICE

PRICE SCHEDULE (FOREIGN BIDDER)

NAME OF BIDDER: M/S __________________________

RFQ NO. SK/ B034-0MR-RG-MR-6010/1002

Total Site Work Price incl. of all Taxes/Duties but excl. GST

(Details of Taxes/ Duties to be furnished in FORMAT TD-F3)

(Currency --------------)

MAIN SUPPLY PRICE

Page 2 of 5


RFQ NO. SK/ B034-0MR-RG-MR-6010/1002


AMOUNT OF TAX/DUTY

INCLUDED IN COLUMN NO. 6

OF PRICE SCHEDULE

Currency (_______)

1 TAXES AND DUTIES

a. Customs Duty (CD) @___%

b. Edu. Cess + Higher Edu. Cess @___%

c. IGST @___%

4 TOTAL CUSTOMES DUTY @___%

Note: The above details of Taxes/Duties/Cess is for the purpose of Statutory variation as per provision of Bidding

Document.

SL.NO. Description

FORMAT TD-F1

PRICES BREAKUP

(FOR COLUMN NO. 6 OF PRICE SCHEDULE FORMAT FOR FOREIGN BIDDERS)

BIDDER: M/s ________________________

Bidder to indicate break-up of Customs Duties included in Total Price for Port Clearance (including payment of CD/

Edu. Cess/IGST etc.) {under column no 6 of Price Schedule Format for Foreign Bidder} in table below.

Page 3 of 5



PERCENTAGE (%)

BASE AMOUNT ON

WHICH TAX IS

APPLICABLE

(Rs.)

AMOUNT OF GST

(Rs.)HSN or SAC Code/

Place of Invoicing

(1) (2) (3) (4) (5) (6)

1 COMPONENTS OF GST



CGST

SGST


1 COMPONENTS OF GST



CGST

SGST


FORMAT TD-F2

Details of Taxes & Duties (Indian Source Components)

RFQ NO. SK/ B034-0MR-RG-MR-6010/1002


BIDDER NAME: -----------------------------------------------

1.2.1

Note:1 - In case of any exemption / relaxation on taxes & duties is applicable to bidder, copy of relevant notification is to be furnished along with bid with

confirmation that such exemption will be applicable upto delivery (as per present notification)

Note:2 - Input credit as available to BPCL shall be considered as per RFQ documents. If any row of column 5 is left Blank, same shall be considered as NIL

for Evaluation.

Supply

1.2.1

Transportation

Page 4 of 5



PERCENTAGE (%)

BASE AMOUNT ON

WHICH TAX IS

APPLICABLE

(Rs.)

AMOUNT OF GST

(Rs.)SAC Code/

Place of Invoicing

(1) (2) (3) (4) (5) (6)

1 COMPONENTS OF GST



CGST

SGST


1 COMPONENTS OF GST



CGST

SGST


Note:1 - In case of any exemption / relaxation on taxes & duties is applicable to bidder, copy of relevant notification is to be furnished along with bid with

confirmation that such exemption will be applicable upto delivery (as per present notification)

Note:2 - Input credit as available to BPCL shall be considered as per RFQ documents. If any row of column 5 is left Blank, same shall be considered as NIL

for Evaluation.

Details of Taxes & Duties- SITE WORK & 3 D Modelling charges

RFQ NO. SK/ B034-0MR-RG-MR-6010/1002


BIDDER NAME: -----------------------------------------------

FORMAT TD-F3

1.2.1

1.2.1

For Site Work

For 3 D Modelling

Page 5 of 5

LC of Goods

Name of Manufacturer

Cost ComponentCost (Domestic

Component)

Cost (Imported

Component)

Cost Total

Rs. / US$

% Domestic

Component

a b c = a+ b d = a/c

I. Direct Material Cost

II. Direct Labour Cost

III. Factory Overhead

IV. Total Production Cost

Note :

Note :

Annexure-II

TABLE : CALCULATION OF LOCAL CONTENT - GOODS

Calculation of manufacturer Cost per ne unit of Product

% LC Goods = Total Cost (IVc) - Total imported component cost (IVb) X 100

Total Cost (IVc)

% LC Goods = Total Cost (IVc) - Total domestic component cost (IVa) X 100

Total Cost (IVc)

In case currency quoted by bidder for Import content is other than USD / INR, RBI exchange rate as on

date of issuance of RFQ / Bidding document shall be considered for calculation of Local content.

Conversion rate _______ = ______ (As on ________ (enquiry issuance date) as per RBI exchange rate

obtained from https://www.rbi.org.in/)

LC of Service

DomesticImported

Rs. / US$Total

% Rs. / US$

b c d e = b/d f = d x e

I. Material used cost Rs. / US$

II. Personnel & Consultant

CostRs. / US$

III. Other service cost Rs. / US$

IV. Total Cost (I to IV) Rs. / US$

B. Taxes and Duties Rs. / US$

C. Total Quoted Price Rs. / US$

Note :

Note :

A.

Annexure-III

TABLE : CALCULATION OF LOCAL CONTENT - SERVICE

% LC Services = Total Cost (A.IVd) - Total imported component cost (A.IVc) X 100

Total Cost (A.IVd)

% LC Service = Total domestic component cost (A.IVb) X 100

Total Cost (A.IVd)

In case currency quoted by bidder for Import content is other than USD / INR, RBI exchange rate as on date of issuance of RFQ /

Bidding document shall be considered for calculation of Local content.

Conversion rate _______ = ______ (As on ________ (enquiry issuance date) as per RBI exchange rate obtained from

https://www.rbi.org.in/)

LC

NAME OF SUPPLIES OF GOODS / PROVIDER OF SERVICE

Cost Summary

B034_ATC (I) Rev.1 Page 1 of 10

SUPPLIER’S SIGNATURE WITH STAMP/SEAL

BHARAT PETROLEUM CORPORATION LTD MS BLOCK PROJECT

(Job No. B034) AGREED TERMS & CONDITIONS (ATC)

(FOR INDIAN BIDDERS) Supplier Name: M/s ______________________________________________________________

RFQ No.: __________________________________________________________________

Supplier’s Offer Ref No. & Date: ______________________________________________________

Tel. No. ___________________Mob. No. ______________________ Fax No. ________________

Contact Person: ___________________________ E-mail _________________________________

1. ALL CORRESPONDENCE MUST BE IN ENGLISH LANGUAGE ONLY.

2. DULY SIGNED & STAMPED COPIES OF THIS “QUESTIONNAIRE”, WITH ALL THE

CLAUSES DULY CONFIRMED/ PRECISELY REPLIED TO BY THE SUPPLIER, SHALL BE ENCLOSED.

3. ALL COMMERCIAL TERMS ARE GIVEN/CONFIRMED IN THE QUESTIONNAIRE ITSELF

AND NOT ELSEWHERE IN THE QUOTATION. IN CASE OF CONTRADICTION, THE SAME GIVEN HEREIN SHALL PREVAIL.

4. FAILURE ON PART OF THE SUPPLIER IN SUBMITTING THIS DULY FILLED-IN “QUESTIONNAIRE” WITH UN-PRICED BID AND/ OR SUBMITTING INCOMPLETE REPLIES MAY LEAD TO REJECTION OF SUPPLIER’S BID.

5. YOUR OFFER SHALL BE IN TOTAL COMPLIANCE WITH RFQ DOCUMENTS

CONTAINING COMMERCIAL AND TECHNICAL SPECIFICATIONS INCLUDING GENERAL/ TECHNICAL NOTES AND SCOPE OF SUPPLY/SERVICES/ SITE WORK, AS APPLICABLE INCLUDING DOCUMENTATION AS PER MATERIAL REQUISITION (MR) AND SUBSEQUENT TECHNICAL/ COMMERCIAL AMENDMENT AND TECHNICAL/ COMMERCIAL CORRIGENDUM, IF ANY.

SL. NO.

DESCRIPTION SUPPLIER’S CONFIRMATION

1.

i)

Price Basis:

Quoted supply prices are on FOT - Despatch Point basis inclusive of Packing & Forwarding.

Confirmed

ii) Specify Despatch Point Refer Annexure-I

iii)

a)

b)

Freight Charges:

Quote firm freight charges extra. Confirm firm transportation charges excluding GST, has been quoted separately by you in Price Schedule

Indicate also GST rate applicable on it. .

a) Confirmed , Quoted in Price Schedule

b) Quoted in Annexure-I

iv) Insurance:

a) For Supply/Supply Site work Only

Transit/Marine Insurance of Equipment/ Item has been taken care by the Owner & charges of the same have not been included in the quoted prices.

b) For Supply Only

Confirmed



SL. NO.



c) For Supply + Site Work

Comprehensive Insurance (Transit/Marine-cum-storage-cum-erection till handing over of equipment) has been taken care by the Seller & charges of the same have been included in the quoted prices.

Confirmed

2.

i)

a)

b)

c)

d)

e)

Details of Taxes/Duties applicable extra on Goods/ Services: Goods and Services Tax (GST) applicable extra on finished goods: 1) HSN (Harmonized System Nomenclature) no.

2) Present rate of GST

The GST amount shall be released only on receipt of Tax invoice and proof of payment of GST to the concerned authorities. The quoted price shall be deemed to be inclusive of all taxes and duties except “Goods and Services Tax” In case the bidder is covered under Composition Scheme under GST laws, then bidder should quote his prices inclusive of the GST (CGST & SGST/UTGST or IGST). Further, such bidder should mention “Cover under composition system” in column for GST (CGST & SGST/UTGST or IGST) of price schedule/ Annexure-I. BPCL/EIL will prefer to deal with registered supplier of goods/ services under GST. Therefore, bidders are requested to get themselves registered under GST, if not registered yet. However, in case any unregistered bidder is submitting their bid, their prices will be loaded with applicable GST while evaluation of bid. Where BPCL is entitled for input credit of GST, the same will be considered for evaluation of bid as per evaluation methodology of Bidding document.

Bidder to fill all details in attached Annexure-I to ATC

1) QUOTED IN ANNEXURE I


Confirmed

Confirmed

Confirmed

Noted

3.

a)

b)

c)

Variation in taxes/ Duties:

Only statutory variations, if any, in the present rate of GST, shall be reimbursed as under against documentary evidence.

No variation on account of taxes and duties, statutory or otherwise, shall be payable by BPCL to vendor except for GST.

Any statutory increase in GST or any new/ additional taxes, duties or levies, imposed within the contractual delivery date shall be to BPCL’s account whereas if it is after contractual delivery it shall be to supplier’s account. However any corresponding decrease on account of above shall be passed on to BPCL.

However, any statutory variation for GST shall be payable up

Confirmed

Confirmed

Noted



SL. NO.


d)

e)

f)

to contractual date of completion against documentary evidence. Any reduction in taxes and duties included in the price shall be passed on to BPCL.

Any variation in GST at the time of supplies for any reasons, other than statutory, including variations due to turnover, shall be borne by bidder.

Any new taxes, duties, cess, levies notified or imposed after the submission of last /final price bid but before the contractual date of completion of work shall be to BPCL’s Account.

In case any taxes or duties other than GST is not applicable at present but becomes applicable at the time of contractual delivery period due to any reasons other than statutory the same shall be borne by supplier.

Confirmed

Confirmed

Confirmed

4.

a.

Spares Parts:

Confirm item wise unit price (FOT Despatch Point) of following spare parts as required in Material Requisition (MR) have been included indicating itemised quantity.

i) Mandatory Spares are quoted as per MR.

ii) Commissioning spares as specified in MR are included in the quoted Price.

iii) Special Tools & Tackles as specified in the MR are included in the quoted prices.

iv) Confirm spares wherever required have been included in the quoted price and list of spares is also furnished.

v) Recommended Spares for Two Years Operation & Maintenance, as specified in MR have been quoted separately with Price validity of One (1) year from Contractual Delivery Date for Main Items/Equipment & List of such spares has been furnished in the Unpriced Bid.

Confirmed

Confirmed (if Applicable as per MR)





5.

a.

b.

c.

d.

e.

Services for Site Work:

For Site Work, if in the scope of the Bidder as per MR, please confirm the following:

Confirm that the prices for site work have been quoted in the price schedule. Confirm that quoted site work prices are exclusive of GST but inclusive of all other applicable taxes and duties .

Rate in Percentage (%) of GST as applicable extra on site work charges.

Necessary tax registration, if required shall be taken by the bidder for completion of site work. Confirm that GST applicable on Construction Machinery/Equipment brought by the Supplier to site to execute / complete the site work is not included in quoted prices.

Confirmed

Confirmed

Quoted in Annexure-I to ATC

Confirmed

Confirmed

6.

a.

Service Charges (Lump sum/ perdiem)-Supervision/ Training/AMC/PWMC/ Hazop /3-D Modeling etc: Supervision /Training charges



SL. NO.


b.

c.

d.

e.

Prices Charges/prices for Services supervision/training, if in the scope of the Bidder as per MR have been indicated by bidder separately in the Price Schedule. Confirm that per diem rate for site supervision services/training is excluding GST. Percentage of GST as applicable extra on Services. Per-diem rate for supervision/Training has been quoted in accordance with the Terms & Conditions for Supervision enclosed with the RFQ Documents. Where erection/ testing/ commissioning supervision, commissioning assistance is required as per RFQ Documents / Material requisition, penalty for non mobilization/delay in mobilization as per order shall be applicable. The penalty shall generally be 1.5 times the per diem rate for each day of delay of reporting to site and shall be in addition to price reduction for delayed delivery. Bidders shall also provide additional BG of an amount equal to the per diem charges for the number of days considered for evaluation, over and above 10% PBG to cover compensation for delay in mobilizing the erection/ commissioning personnel. This BG will be released to the bidder upon the erection/ commissioning personnel reporting at site. This BG shall be furnished along with payment milestone for submission of final documentation as per MR and shall be initially valid up to six months which shall be extended based on the request by Owner.

Confirmed, Quoted in Price Schedule

Confirmed

Quoted in Annexure-I to ATC

Confirmed

Noted & Confirmed

Noted & Confirmed

7. Confirm documentation charges as per MR are included in quoted prices.

Confirmed

8. Price Reduction for delay in delivery/ completion: a) Confirm acceptance of price reduction schedule for delay

in deliveries / completion as specified in GPC & Special Instructions to Bidders (SIB) enclosed in RFQ Document. Liquidated damages or penalty are not acceptable.

b) In case of delay, vendor will reduce the invoice amount by

applicable reduction. c) The supplier shall submit credit note/adjustment in GST

invoice for PRS, if applicable on account of delay in delivery.This is with respect to cases wherin supplier has not considered the applicable PRS in GST invoice.

Confirmed

Confirmed

Confirmed

9. Delivery / Completion Period: Please confirm delivery / completion period as specified in the RFQ Covering Letter.

Confirmed

10.

Payment Terms: a) Confirm acceptance of “Terms and Mode of Payment” as

per respective clause(s) given in SIB and RFQ covering letter.

b) Initial Advance payment along with order is not

acceptable. However, progressive payment as specified

Confirmed



SL. NO.


in the Commercial Terms enclosed on achievement of specific milestones (under applicable payment terms) shall be against equivalent Advance Bank Guarantee as per BPCL format. Supplier should issue Receipt Voucher for the progressive payment amount on which GST is payable. On completion of the contract / order, the supplier shall issue valid GST Invoice for full contract/order value linking Receipt vouchers already issued to enable BPCL to avail Input Tax Credit.

Confirmed

11 a.

PART ORDER: Confirm acceptance of Part Order clause as per GPC (Indigenous). And bidder also confirm acceptance to part quantity orders of any items (having quantities 5 No.s and more) to facilitate purchase preference to MSE bidders as per Govt. guidelines.

Confirmed (If Applicable as per MR)

12.1 Purchase Preference (MSE BIDDERS):

a.1 Confirm whether the bidder is a MSE bidder or not. YES/ NO

(Please tick whichever is applicable)

a.2

If yes, further confirm whether MSE is owned by SC/ST Entrepreneurs, (Note: In case YES, the bidder shall furnish appropriate documentary evidence in this regard else extended Purchase preference as per PPP rules will not be admissible.)

YES/ NO

(Please tick whichever is applicable)

b In case bidder is a MSE bidder, they must submit documentary evidence for the same duly certified by Statutory Auditor of the bidder or a practicing Chartered Accountant (not being an employee or a Director or not having any interest in the Bidder’s company/ firm) where audited accounts are not mandatory as per law.

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

c In case bidder does not submit duly authenticated documentary evidence as required above, bidder shall not be considered eligible for availing MSE benefits.

Confirmed

d Any charges quoted extra as lump sum (like IBR, Testing, freight, etc.) shall be applicable prorate on value basis in the event of part order / part quantities/ split order.

Confirmed

e The MSE bidder can avail only one out of the two applicable purchase preference policies, i.e., PP-LC 2017 or PPP-2012 and therefore, bidder shall furnish the option under which he

desires to avail purchase preference (tick anyone () as applicable).

Preference under PPP-2012

Preference under PP-LC 2017

12.2 Purchase Preference (linked with Local Content) This clause is applicable only in case of Global/ Foreign enquiries (Limited/ Press Enquiry)

a.

b.

c.

BPCL reserves the right to allow Manufacturers or Suppliers or Service providers, purchase preference as admissible under the prevailing policy, subject to Bidder’s complying with the requirements/ conditions defined in Annexure attached with RFQ document and submitting required documents to support the same.

Bidder shall furnish the percentage of the local content as

per Annexure attached with RFQ document in Unpriced bid.

Bidder shall furnish the detailed break-up of local content as

indicated above in Price bid (as per Annexure-II & III

enclosed in Annexure- Purchase Preference (linked with

Local Content)

Noted & Confirmed

____% Local content

Confirmed



SL. NO.


d.

In case bidder does not furnish the above details, no

purchase preference linked with LC, shall be applicable.

Noted

13. Repeat Order: Confirm Acceptance of Repeat Order clause as per RFQ Covering Letter / SIB / GPC.

Confirmed

14.

Performance Bank Guarantee: a) In the event of award of order, submission of

Performance Bank Guarantee for 10% of total order value valid till full guarantee period plus 3 (Three) months as per respective clause(s) given in SIB.

b) The Performance Bank Guarantee shall be strictly as per

enclosed proforma and shall be from any Indian Scheduled Bank or branch of an International Bank situated in India and registered with Reserve Bank of India as scheduled foreign Bank.

Confirmed

Confirmed

15. Guarantee / Warranty: Confirm acceptance to Guarantee / Warranty clause as mentioned in the GPC/SIB.

Confirmed

16. Firmness of prices: Confirm quoted prices shall remain firm and fixed till complete execution of order. Price Variation shall not be considered on any account.

Confirmed

17.

a.

b.

c.

Testing and Inspection charges: Goods supplied are subject to stage wise and final inspection as specified in MR by EIL and no extra charges shall be payable by Owner towards the same. Travel, Living and Personnel expenses of EIL’s Representative shall be borne by Owner. Quoted prices are: i) Inclusive of all testing and inspection charges (if

applicable) as per MR. ii) Inclusive of all IBR/IGC/NACE charges (if applicable) as

required in the Material Requisition. iii) Inclusive of all statutory certification charges PESO etc. (if

applicable) as required in the Material Requisition Is your shop approved by IBR/PESO authority, if yes, indicate validity. i. IBR ii. PESO It is the responsibility of supplier to get the entire imported materials and the built in imported contents inspected by TPIA (i.e. Lloyds/BV/DNV/TUV/CEIL) in the country of origin and the quoted prices are inclusive of charges towards the same.

Confirmed

Confirmed

Confirmed

Confirmed

IBR Approved

Confirmed



SL. NO.


18

18.1

a.

b.

c.

d.

e.

f.

g.

h.

Import Content: Imported raw materials required for equipments/ materials: If your offer is based on certain imported raw materials required for equipments/ materials offered, please specify the following : Confirm that quoted prices are based on Merit rate of Customs duty, Educational Cess, GST as applicable & GST Compensation cess. Indicate rate of Import Duties considered and included in the quoted prices. Indicate brief description/ specification with itemised CIF value and country of origin of imported material. Indicate classification with tariff no. / HSN code under which Vendor intends to import. Confirm prices shall be firm on account of variation in foreign exchange rate. Owner shall not provide any import licence. Quoted prices are after considering the benefit of GST (Input credit as per GST) Any upward variation due to change in Customs Duty classifications shall be absorbed by the vendor. However, any reduction in customs duty due to change in classification shall be passed on to Owner.

(Applicable / Not Applicable) (Please tick whichever is applicable)

Confirmed

Refer Annexure to Price Schedule



Confirmed

Noted

Confirmed

Confirmed

i. j.

Statutory variations, if any, in the rate of Import Duties upto 2/3rd contractual delivery period shall be to Owner’s account. Any increase in price due to increase in the rate of Import Duties, due to any reasons, whatsoever, beyond the 2/3 rd contractual delivery period, shall be to vendor's account. However, any decrease in Import Duties rate at the time of actual clearance of imported materials shall be passed on to Owner.

Confirmed

Confirmed

k. l.

m.

The CIF Value(s) indicated by the vendor shall be deemed to be the maximum value(s) for the purpose of payment of variation in custom duty and/or other statutory variations, if any, thereon. Variation in price due to Customs duty rate will be dealt separately after receipt of material at site, against documentary evidence. Any new /additional taxes, duties or levies ,imposed within 2/3rd contractual delivery date shall be to owner’s account whereas if it is after contractual delivery it shall be to supplier’s account. However, any corresponding decrease on account of above shall be passed on to owner.

Confirmed

Confirmed Confirmed



SL. NO.


19

a.

Validity of Bid: Confirm Bid validity as stipulated in RFQ covering letter from the final due date of bid submission.

Confirmed

20

a)

b)

Compliance to RFQ documents:

Confirm your offer is in total compliance with RFQ Document containing technical specifications including General / Technical notes, scope of supply/ services/ site work (as applicable) including documentation as per Material Requisition (MR) and subsequent amendment and corrigendum, if any. Confirm your offer is in total compliance with RFQ documentation containing commercial terms and conditions as per the following documents, without any deviation: i) Request for Quotation (RFQ) ii) Special Instructions to Bidders (SIB) iii) General Purchase Conditions (GPC) iv) Terms & Conditions of Site work / GCC / HSE / Integrity

Pact. v)Terms & Conditions for Supervision services/ Training/

Hazop/ AMC/ PWCAMC/ PGTR/ 3-D Modeling etc (as applicable to MR)

vi) Annexure-A to SIB for Indian sourced supplies/services

Confirmed

Confirmed Confirmed Confirmed

Confirmed(if applicable)



21 Whether any of the Directors of Bidder is a relative of any Director of Owner/EIL or the Bidder is a firm in which any Director of Owner/EIL or his relative is a Partner or the Bidder is a private company in which any director of Owner/EIL is a member or Director.

Confirmed No relation.

22 Please confirm you have not been banned or delisted by any Government or Quasi Government agencies or PSUs. If you have been banned, then this fact must be clearly stated. This does not necessarily mean cause for disqualification. However if this declaration is not furnished the bid shall be rejected as non-responsive.

Not Banned

23

23.1

23.2

Please confirm your offer contains the following: UNPRICED OFFER- without any Deviations PRICED OFFER Duly filled Price Schedule of RFQ with relevant annexures.

Confirmed

Confirmed

24 Please confirm that you have quoted strictly for items based on your registration/approval with EIL as on date of issue of RFQ.

Confirmed

25 Any claim arising out of order shall be sent to Owner in writing with a copy to EIL within 3 months from the date of last dispatch. In case the claim is received after 3 months, the same shall not be entertained by Consultant/ Owner.

Confirmed

26 Printed terms and conditions, if any, appearing in quotation, shall not be applicable in the event of order. In case of contradiction between the confirmations given above and terms & conditions mentioned elsewhere in the offer, the confirmation given/confirmed herein above shall prevail.

Confirmed



SL. NO.


27 Confirm that Net worth of the Bidder’s company is positive as per the immediate preceding year’s audited financial results & Immediate preceding year’s audited annual financial results has been submitted along with un-priced bid.

Confirmed & Submitted

28 Bidder to indicate the complete name and address on which order to be placed by BPCL(In the event of an order)

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



ANNEXURE-I BHARAT PETROLEUM CORPORATION LTD.

MS BLOCK Kochi

Taxes and Duties format for Indian Bidders

NAME OF BIDDER: _________________________________

SUPPLIER OFFER REF. ___________________________________ Dated _____________ RFQ NO.: _________________________________ The salient features of the offer are as below:

1. Specify Despatch point

2. GSTIN no. of despatch point

_______________

_______________

3. Specify Invoicing place

4. GSTIN no. of invoicing place

_______________

_______________

5. HSN code of Goods

i)_______________

ii)_______________

iii)_______________

6. GST applicable extra on quoted FOT

despatch point prices

Intra state

(CGST + SGST/ UTGST) ( ) * ____% EXTRA

Inter state

(IGST) ( ) * ____% EXTRA

7. GST rate applicable on Freight __________% EXTRA

8. SAC code for Site Supervision / Site Work / Training Charges/ AMC/ PWAMC/ HAZOP/ 3D modelling / PGTR

________/_______/_______

9. GST applicable extra on quoted Site Supervision / Site Work / Training Charges/ PWAMC/ HAZOP/ 3D modelling / PGTR/any other services

________/_______/_______% EXTRA

10. If the Supplier is currently unregistered due to turnover below threshold, undertaking/ letter stating reason for non-obtaining registration *

YES ( ) / NO ( )

11. In case the Supplier is located in SEZ, declaration/ undertaking/ certificate shall be provided *

YES ( ) / NO ( )

12. Whether Supplier is registered as a composite dealer/ Agency in GST regime * YES ( ) / NO ( )

13. Supplier to indicate the complete name and address on which order to be placed by BPCL (in the event of an order)

*-() whichever is applicable

B034_ATC (F) Rev. 1 Page 1 of 7


M/s BHARAT PETROLEUM CORPORATION LIMITED MS BLOCK PROJECT

(Job No. B034)

AGREED TERMS & CONDITIONS (ATC) (FOR FOREIGN BIDDERS)

Supplier Name: M/s ______________________________________________________________

RFQ No.: __________________________________________________________________





2. DULY SIGNED & STAMPED COPIES OF THIS “QUESTIONNAIRE”, WITH ALL THE CLAUSES

DULY CONFIRMED/ PRECISELY REPLIED TO BY THE SUPPLIER, SHALL BE ENCLOSED.

3. ALL COMMERCIAL TERMS ARE GIVEN/CONFIRMED IN THE QUESTIONNAIRE ITSELF AND NOT ELSEWHERE IN THE QUOTATION. IN CASE OF CONTRADICTION, THE SAME GIVEN HEREIN SHALL PREVAIL.

4. FAILURE ON PART OF THE SUPPLIER IN SUBMITTING THIS DULY FILLED-IN “QUESTIONNAIRE” WITH UN-PRICED BID AND / OR SUBMITTING INCOMPLETE REPLIES MAY LEAD TO REJECTION OF SUPPLIER’S BID.

5. YOUR OFFER SHALL BE IN TOTAL COMPLIANCE WITH RFQ DOCUMENTS CONTAINING

COMMERCIAL AND TECHNICAL SPECIFICATIONS INCLUDING GENERAL / TECHNICAL NOTES AND SCOPE OF SUPPLY/SERVICES/SITE WORK, AS APPLICABLE INCLUDING DOCUMENTATION AS PER MATERIAL REQUISITION (MR) AND SUBSEQUENT TECHNICAL/COMMERCIAL AMENDMENT AND TECHNICAL/ COMMERCIAL CORRIGENDUM, IF ANY.

SL. NO.


1. a) Confirm that the offer contains firm prices on F.O.B. International Seaport of Exit Basis

b) Indicate International Seaport of Exit c) Indicate the HSN Code of the Items

d) Details of any Free Trade Agreement (FTA) /

Comprehensive Economic Partnership Agreement (CEPA) / Treaty between Bidders country Govt. & Indian Government for availing custom duty exemption / concession. If bidder will not specifically mention the same, it is to be considered that there is no specific Agreement / Treaty between Govt. of Bidders & Purchasers County.

e) Confirm quoted prices are inclusive of stowage charges.

f) Confirm that ocean freight charges (excluding

GST) upto port of entry- Kochi, (India) has been

quoted separately by you in the price schedule.

Confirmed

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

__________________

Applicable / Not Applicable (Present rate of Customs duty_____) (Exempted rate of Customs duty____)

Confirmed

Confirmed , Quoted in Price Schedule



SL. NO.


g) In case you have not indicated the ocean freight charges separately in the price schedule please quote the same in terms of Percentage of the quoted FOB Price.

h) In case ocean freight charges are repeated anywhere in the bid/Price Schedule/ATC, then higher shall be considered for evaluation & lower for ordering (In case of CFR).

------------ %

Confirmed

2. Insurance:

a) For Supply Only

Price quoted must exclude Marine insurance charges from FOB International Port of Exit, as same shall be arranged by the Owner. However all marine insurance charges for inland transit upto FOB International Port of Exit must be included by you in your prices.

b) For Supply + Site Work


Confirmed

Confirmed

3. Owner reserves the option to place order either on FOB or CFR basis (applicable only as per requirement mentioned in RFQ documents).

Confirmed

4. Delivery / Completion Period:

a) Delivery / Completion period shall be as mentioned in the RFQ covering letter.

b) Confirm delivery period shall be reckoned from the date of Letter of Acceptance.

c) Confirm date of clean Bill of Lading shall be considered as date of delivery. (In case order is placed on FOB port of Exit basis or on CFR basis)

Confirmed

Confirmed

Confirmed

5.

a.

b.

Taxes & Duties:

All taxes, duties and levies of any kind payable upto FOB International Port of Exit shall be borne by Bidder.

Export permit/ licence if required shall be Supplier’s responsibility & any expenditure towards same will be borne by Bidder.

Confirmed

Confirmed

6. a.

b.

c.

Supervision / Training Charges: Charges for Supervision / Training, if in the scope of the Bidder as per MR have been indicated by bidder separately in the Price Schedule.

Per-diem rate for supervision has been quoted in accordance with the Terms & Conditions for Supervision enclosed with the RFQ Documents. Bidder to indicate Permanent Account Number (PAN) to avoid any additional Tax deduction at source as


Confirmed

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



SL. NO.


d.

e.

per the prevailing Indian Income Tax Acts / Rules. Where erection/testing/commissioning supervision, commissioning assistance is required as per RFQ Documents / Material requisition, penalty for non mobilization/delay in mobilization as per order shall be applicable. The penalty shall generally be 1.5 times the per diem rate for each day of delay of reporting to site and shall be in addition to price reduction for delayed delivery. Bidders shall also provide additional BG of an amount equal to the per diem charges for the number of days considered for evaluation, over and above 10% PBG to cover compensation for delay in mobilizing the erection/ commissioning personnel. This BG will be released to the bidder upon the erection/ commissioning personnel reporting at site. This BG shall be furnished along with shipping documents and shall be initially valid up to six months which shall be extended based on the request by BPCL.

Noted & Confirmed

Noted & Confirmed

7.

a.

b.

c.

d.

Site Work: For Site Work, if in the scope of the Bidder as per MR, please confirm the following:

Confirm that quoted site work prices are exclusive of GST.

Rate in Percentage of GST as applicable extra on Site Work. Statutory Variation on GST on Site work shall be paid by the Owner against documentary evidence within Contractual completion period. Confirm that GST applicable on Construction Machinery/Equipment brought by the supplier to site to execute / complete the site work shall be borne by the Supplier and same is included in the quoted prices considering Input credit on goods and services. No variation (including statutory) on such tax shall be paid by the Owner.

Confirmed

Extra______%

Confirmed

Confirmed

8.

Validity:

a. Confirm Bid validity as stipulated in RFQ covering letter from the final due date of bid submission.

Confirmed

9. a For Manufacturer:

Specify Name and Address:

9. b For Agent/ stockist/ trader:

Specify name and address of Manufacturer from where the material shall be sourced (i.e. EIL enlisted manufacturer/ mills name) range wise.



SL. NO.


9.c Quoted items shall be supplied from above specified EIL enlisted manufacturer/ mill as per their enlistment with EIL.

Confirmed

10. a.

b.

Inspection Charges: Goods supplied are subject to stage wise and final inspection as specified in MR by TPI agency i.e. Lloyds/BV/DNV/TUV/CEIL in the country of origin and charges of the same shall be included in quoted prices and it is supplier’s responsibility to arrange for the same. No additional charges shall be paid by owner towards the same.

Quoted prices are:

i) Inclusive of all testing and inspection charges (if applicable) as per MR.

ii) Inclusive of all IBR/IGC/NACE charges (if applicable) as required in the Material Requisition.

iii) Inclusive of all statutory certification charges PESO etc. (if applicable) as required in the Material Requisition.

Confirmed

Confirmed

Confirmed

Confirmed

11. Country of Origin: Country of origin from where the goods have been offered.

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

12. Currency of Quote: Furnish the currency of quote. Change in currency once quoted will not be allowed. Bidder shall quote either in USD / Euro / INR only.

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

13.

a)

b)

Spares Parts:

Confirm item wise unit price (FOB Port of Exit bais)of following spare parts as required in Material Requisition (MR) have been quoted indicating itemised quantity. i) Mandatory Spares are quoted as per MR.

ii) Commissioning spares as specified in MR are included in the quoted Price.

iii) Special Tools & Tackles as specified in the MR are included in the quoted prices.

iv) Confirm spares wherever required have been included in the quoted price and list of spares is also furnished.

Recommended Spares for Two Years Operation & Maintenance, as specified in MR have been quoted separately with Price validity of One (1) year from Contractual Delivery Date for Main Items/Equipment & List of such spares has been furnished in the Unpriced Bid. Also itemwsie Ocean freight charges upto port of entry, Kochi (India) for the spares has been quoted.

Confirmed






14. Confirm documentation charges as per MR are inclusive in your quoted prices. Confirmed

15. Confirm customer references list for the item/model quoted by you, is given in offer.

Confirmed



SL. NO.


16. Indicate shipping weight (net and gross) and volume of the consignment.

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

17.

a.

Performance Bank Guarantee:

Confirm goods to be supplied by you shall be guaranteed for performance as per the General Purchase Conditions (Imports) & Special Instructions to Bidders (SIB) and submission of the Bank Guarantee 15% of Order Total Value (10% towards Performance valid till full guarantee period plus 3 (Three) Months and 5% towards Price Reduction Schedule for delay in Delivery shall be valid till contractual delivery date (CDD) plus five and half months.

Confirmed

b. The Performance Bank Guarantee shall be strictly as per proforma enclosed with the GPC document and shall be from any Indian Scheduled Bank or branch of an International Bank situated in India and registered with Reserve Bank of India as scheduled foreign Bank and shall be submitted within 15 days from date of LOA.

Confirmed

18. Guarantee / Warranty

Confirm acceptance to Guarantee / Warranty clause as mentioned in the General Purchase Conditions & Special Instructions to Bidders.

Confirmed

19. Firmness of prices:

Confirm quoted prices shall remain firm and fixed till complete execution of order. Price Variation shall not be considered on any account.

Confirmed

20. Part Order:

a) Confirm acceptance of Part Order clause as per GPC (Imports). And bidder also confirm acceptance to part quantity orders of any items (having quantities 5 Nos. & more) to facilitate purchase preference to MSE bidders as per Govt. guide lines.

b) In case of part order confirm all lumpsum charges quoted extra if any viz. Documentation, testing, packing, crating, handling, FOB, TPI, IBR etc., shall be applicable prorata on value basis in the event of part order / part quantities/ split order.

Confirmed if applicable as per MR()

Confirmed

Confirmed

21. Repeat Order:

Confirm Acceptance to Repeat Order as per RFQ Covering Letter/SIB/GPC/Material Requisition.

Confirmed

22. Price Reduction on delay in delivery/completion:

a) Confirm acceptance of price reduction schedule for delay in deliveries/completion of work/services specified in General Purchase Conditions (GPC) enclosed with the RFQ Document. Liquidated damages or penalty are not acceptable.

b) In case of delay, Supplier will reduce the invoice amount by applicable reduction.

Confirmed

Confirmed



SL. NO.


23. Payment Terms:

Confirm acceptance of payment terms as per “Payment Terms and Mode of Payment” specified in Special Instructions to Bidders and RFQ covering letter.

Confirmed

24. a) Letter of Credit shall be opened after receipt of unconditional order acknowledgement along with 15% bank guarantee(as per Sl. 17a above) valid till expiry of Material/Equipment Guarantee period as per General Purchase Conditions and Special Instructions to Bidders plus 3 (Three) months claim period.

b) Letter of Credit shall be opened through a Govt. of India Nationalised/ Scheduled Bank and hence need not be confirmed.

OR c) However, if you still insist for confirmed L/C,

confirmation charges shall be borne by you. Please confirm.

Confirmed

Confirmed L/C not required

Noted

25. All Bank charges and stamp duties payable outside India in connection with payments to be made under Purchase Order for the item, if placed, shall be borne by you. All bank charges and stamp duties payable in India shall be borne by the Purchaser.

Confirmed

26. Please indicate name and address of your Bankers for L/C opening, telephone/E-mail address.

27.

Confirm your offer is in total compliance with RFQ Document containing technical specifications including General / Technical notes, scope of supply/services/site work (as applicable) including documentation as per Material Requisition (MR) and subsequent amendment and corrigendum, if any, without any deviation.

Confirmed

b)

Confirm your offer is in total compliance with RFQ documents containing commercial terms and conditions as per the following documents, without any deviation:

i) Request for Quotation (RFQ)

ii) Special Instructions to Bidders(SIB)

iii) General Purchase Conditions (GPC) v) Terms & Conditions for Supervision vi)Terms & Conditions for Site work, GCC & HSE

Confirmed

Confirmed

Confirmed

Confirmed

Confirmed (if Applicable as per MR) Confirmed (if Site Work is Applicable as

per MR)

vii) Integrity Pact

viii) Commercial / Technical Amendments, if any

Confirmed

Confirmed

28. Direct offer without the intermediary of an Indian Agent will only be considered. Noted & Confirmed.



SL. NO.


29. Please confirm you have not been banned or delisted by any Government or Quasi Government agencies or PSUs. If you have been banned, then this fact must be clearly stated. This does not necessarily be cause for disqualification. However if this declaration is not furnished the bid shall be rejected as non-responsive.

Not Banned

30.

30.1

30.2

Please confirm your offer contains the following:

Unpriced offer- without any deviations

Priced Offer Price Schedule with annexures only.

Confirmed

Confirmed

31. Any claim arising out of order shall be sent to Owner in writing with a copy to EIL within 3 months from the date of last despatch. In case the claim is received after 3 months, the same shall not be entertained by consultant / Owner.

Confirmed

32. Printed terms and conditions, if any, appearing in quotation, shall not be applicable in the event of order. In case of contradiction between the confirmations given above and terms & conditions mentioned elsewhere in the offer, the confirmation given/confirmed herein above shall prevail.

Confirmed

33. Confirm that Net worth of the Bidder’s company is positive as per the immediate preceding year’s audited financial results & Immediate preceding year’s audited annual financial results has been submitted along with unpriced bid.

Confirmed & Submitted

34. Purchase Preference (linked with Local Content) This clause is applicable only in case of Global/ Foreign enquiries (Limited/ Press Enquiry)

a.

b.

c.

d.

BPCL reserves the right to allow Manufacturers or Suppliers or Service providers, purchase preference as admissible under the prevailing policy, subject to Bidder’s complying with the requirements/ conditions defined in Annexure attached with RFQ document and submitting required documents to support the same.

Bidder shall furnish the percentage of the local

content as per Annexure attached with RFQ

document in Unpriced bid.

Bidder shall furnish the detailed break-up of local

content as indicated above in Price bid (as per

Annexure-II & III enclosed in Annexure- Purchase

Preference (linked with Local Content)

In case bidder does not furnish the above details, no purchase preference linked with LC, shall be applicable.

Noted & Confirmed

____% Local content

Confirmed

Noted

SUPPLIER’S NAME: SIGNATURE & SEAL:

B034_ATC (I) Rev. 1 Page 1 of 7


BHARAT PETROLEUM CORPORATION LTD MS BLOCK Project

(Job No. B034) AGREED TERMS & CONDITIONS (ATC)

(FOR INDIAN SOURCED COMPONENTS / SERVICES BY FOREIGN BIDDER) Supplier Name: M/s ______________________________________________________________

RFQ No.: __________________________________________________________________





2. DULY SIGNED & STAMPED COPIES OF THIS “QUESTIONNAIRE”, WITH ALL THE

CLAUSES DULY CONFIRMED/ PRECISELY REPLIED TO BY THE SUPPLIER, SHALL BE ENCLOSED.

3. ALL COMMERCIAL TERMS ARE GIVEN/CONFIRMED IN THE QUESTIONNAIRE ITSELF

AND NOT ELSEWHERE IN THE QUOTATION. IN CASE OF CONTRADICTION, THE SAME GIVEN HEREIN SHALL PREVAIL.

4. FAILURE ON PART OF THE SUPPLIER IN SUBMITTING THIS DULY FILLED-IN “QUESTIONNAIRE” WITH UN-PRICED BID AND/ OR SUBMITTING INCOMPLETE REPLIES MAY LEAD TO REJECTION OF SUPPLIER’S BID.

5. YOUR OFFER SHALL BE IN TOTAL COMPLIANCE WITH RFQ DOCUMENTS

CONTAINING COMMERCIAL AND TECHNICAL SPECIFICATIONS INCLUDING GENERAL/ TECHNICAL NOTES AND SCOPE OF SUPPLY/SERVICES/ SITE WORK, AS APPLICABLE INCLUDING DOCUMENTATION AS PER MATERIAL REQUISITION (MR) AND SUBSEQUENT TECHNICAL/ COMMERCIAL AMENDMENT AND TECHNICAL/ COMMERCIAL CORRIGENDUM, IF ANY.

SL. NO.


1.

i)

Price Basis:

Quoted supply prices are on FOT Dispatch Point basis inclusive of Packing & Forwarding and exclusive of GST and Freight Charges

Confirmed

ii) Specify Despatch Point

----------------------- iii)

a)

b)

Freight Charges:

Confirm firm transportation charges excluding GST, has been quoted separately by you in Price Schedule. Statutory Variation on GST on Transportation Charges shall be paid by the Owner against documentary evidence within completion period/ delivery period.

Confirmed, Quoted in price schedule.

b) Confirmed

iv) Insurance:

a) For Supply Only


Confirmed



SL. NO.


b) For Supply + Site Work


Confirmed

2.

a.

b.

c.

d.

e.

Details of Taxes/Duties applicable extra on Goods/ Services: Goods and Services Tax (GST) applicable extra on finished goods: 1) HSN (Harmonized System Nomenclature) no. 2) Present rate of GST The GST amount shall be released only on receipt of Tax invoice and proof of payment of GST to the concerned authorities. The quoted price shall be deemed to be inclusive of all taxes and duties except “Goods and Services Tax” In case the bidder is covered under Composition Scheme under GST laws, then bidder should quote his prices inclusive of the GST (CGST & SGST/UTGST or IGST). Further, such bidder should mention “Cover under composition system” in column for GST (CGST & SGST/UTGST or IGST) of price schedule/ Annexure-I. BPCL/EIL will prefer to deal with registered supplier of goods/ services under GST. Therefore, bidders are requested to get themselves registered under GST, if not registered yet. However, in case any unregistered bidder is submitting their bid, their prices will be loaded with applicable GST while evaluation of bid. Where BPCL is entitled for input credit of GST, the same will be considered for evaluation of bid as per evaluation methodology of Bidding document.

Bidder to fill all details in

attached Annexure-I to ATC



Confirmed

Confirmed

Confirmed

Noted

3.

a.

b.

c.

Variation in taxes/ Duties:

No variation on account of taxes and duties, statutory or otherwise, shall be payable by BPCL to Supplier except for GST. However, any statutory variation for GST shall be payable up to contractual date of completion against documentary evidence. Any reduction in taxes and duties included in the price shall be passed on to BPCL.

Any variation in GST at the time of supplies for any reasons, other than statutory, including variations due to turnover, shall be borne by bidder.

Any new taxes, duties, cess, levies notified or imposed after the submission of last /final price bid but before the contractual date of completion of work shall be to BPCL’s Account.

Confirmed

Confirmed

Confirmed



SL. NO.


4.

a.

Spares Parts:

Confirm item wise unit price (FOT Despatch point Basis) of following spare parts as required in Material Requisition (MR) have been included indicating itemised quantity.

i. Mandatory Spares are quoted as per MR.

ii. Commissioning spares as specified in MR are included in the quoted Price.

iii. Special Tools & Tackles as specified in the MR are included in the quoted prices.

iv. Confirm spares wherever required have been included in the quoted price and list of spares is also furnished.

v. Recommended Spares for Two Years Operation & Maintenance, as specified in MR have been quoted separately with Price validity of One (1) year from Contractual Delivery Date for Main Items/Equipment & List of such spares has been furnished in the Unpriced Bid.

Confirmed






5.

a. b.

c.

Site Work:

In case Site Work is in the scope of the Bidder as per MR, please confirm the following:

Confirm that quoted site work prices are exclusive of GST.

Percentage of GST as applicable extra on Site Work.

Confirm that GST applicable on Construction Machinery/Equipment brought by the Supplier to site to execute / complete the site work is included in quoted prices. No variation (including statutory) on such entry tax shall be paid by the Owner.

Confirmed

-------------------%

Confirmed

6.

a.

b.

c.

d.

e.

Service Charges (Lumpsum/ perdiem)-Supervision/ Training/AMC/PWMC/Hazop/3-D Modeling etc: Charges for Services, if in the scope of the Bidder as per MR have been indicated by bidder separately in the Price Schedule. Percentage of GST as applicable extra on Services. Per-diem rate for supervision has been quoted in accordance with the Terms & Conditions for Supervision enclosed with the RFQ Documents. Where erection/ testing/ commissioning supervision, commissioning assistance is required as per RFQ Documents/ Material requisition, penalty for non mobilization/ delay in mobilization as per order shall be applicable. The penalty shall generally be 1.5 times the per diem rate for each day of delay of reporting to site and shall be in addition to price reduction for delayed delivery. Bidders shall also provide additional BG of an amount equal to the per diem charges for the number of days considered for evaluation, over and above 10% PBG to cover compensation for delay in mobilizing the erection/ commissioning personnel. This BG will be released to the bidder upon the erection/ commissioning personnel reporting at site. This BG shall be


----------------%

Confirmed

Noted & Confirmed

Noted & Confirmed



SL. NO.


f.

furnished along with payment milestone for submission of final documentation as per MR and shall be initially valid up to six months which shall be extended based on the request by Owner. Principal Foreign Bidder will take care of BG / penalty supervision services for complete package including Indigenous supervision services if applicable.

Noted & Confirmed

7. Confirm documentation charges as per MR are included in quoted prices.

Confirmed

8. Price Reduction for delay in delivery/ completion: a. Confirm acceptance of price reduction schedule for delay

in deliveries / completion as specified in GPC & Special Instructions to Bidders (SIB) enclosed in RFQ Document. Liquidated damages or penalty are not acceptable.

b. In case of delay, Supplier will reduce the invoice amount by applicable reduction.

c. Principal Foreign Bidder will be responsible for all obligation & liability of PRS applicable on Indian Source Items / services.

Confirmed

Confirmed

Confirmed

9. Delivery / Completion Period: Please confirm delivery / completion period shall be as specified in the RFQ Covering Letter and Annexure-A of SIB

Confirmed

10.

Payment Terms: Confirm acceptance of “Terms and Mode of Payment” as per respective clause(s) given in SIB (Annexure-A)

Confirmed

11. Repeat Order: Confirm Acceptance of Repeat Order clause as per RFQ Covering Letter / SIB / GPC.

Confirmed

12.

Performance Bank Guarantee: a) Principal Foreign Bidder will submit PBG for complete

package including Indian Source Items / services.

b) In the event of award of order, submission of Performance Bank Guarantee for 10% of total order value valid till full guarantee period plus 3 (Three) months as per respective clause(s) given in SIB/ Annexure-A of SIB.

c) The Performance Bank Guarantee shall be strictly as per enclosed proforma and shall be from any Indian Scheduled Bank or branch of an International Bank situated in India and registered with Reserve Bank of India as scheduled foreign Bank.

Confirmed

Confirmed

Confirmed

13. Guarantee / Warranty: Confirm acceptance to Guarantee / Warranty clause as mentioned in the GPC/SIB. Principal Foreign Bidder will be responsible for all obligation & liability of Guarantee / Warranty of Indian Source Items / services.

Confirmed

Confirmed

14. Firmness of prices: Confirm quoted prices shall remain firm and fixed till complete execution of order. Price Variation shall not be considered on any account.

Confirmed



SL. NO.


15. a.

b.

c. d.

Testing and Inspection charges: Goods supplied are subject to stage wise and final inspection as specified in MR by EIL/ Owner’s representative and no extra charges shall be payable by Owner towards the same. Travel, Living and Personnel expenses of EIL’s Representative shall be borne by Owner.

Quoted prices are: i. Inclusive of all testing and inspection charges (if applicable)

as per MR.

ii. Inclusive of all IBR/IGC/NACE charges (if applicable) as required in the Material Requisition.

iii. Inclusive of all statutory certification charges PESO etc. (if applicable) as required in the Material Requisition

Is your shop approved by IBR/PESO authority, if yes, indicate validity. i. IBR ii. PESO It is the responsibility of supplier to get the entire imported materials and the built in imported contents inspected by TPIA (i.e. Lloyds/BV/DNV/TUV/CEIL) in the country of origin and the quoted prices are inclusive of charges towards the same.

Considering EIL Inspection charges, during evaluation prices of Indigenous source item shall be loaded by @1.25% of FOT Despatch Point price.

Confirmed

Confirmed

Confirmed

Confirmed

IBR Approved

Confirmed

Confirmed

16.

a.

Validity of Bid:

Confirm Bid validity as stipulated in RFQ covering letter from the final due date of bid submission.

Confirmed

17.

a)

b)

Compliance to RFQ documents:

Confirm your offer is in total compliance with RFQ Document containing technical specifications including General / Technical notes, scope of supply/services/site work (as applicable) including documentation as per Material Requisition (MR) and subsequent amendment and corrigendum, if any.

Confirm your offer is in total compliance with RFQ documentation containing commercial terms and conditions as per the following documents, without any deviation:

i) Request for Quotation (RFQ) ii) Special Instructions to Bidders (SIB) iii) General Purchase Conditions (GPC) iv) Terms & Conditions of Site work / GCC / HSE / Integrity

Pact. v) Terms & Conditions for Supervision services

Confirmed

Confirmed Confirmed Confirmed



18. Whether any of the Directors of Bidder is a relative of any Director of Owner/EIL or the Bidder is a firm in which any Director of Owner/EIL or his relative is a Partner or the Bidder is a private company in which any director of Owner/EIL is a member or Director.

Confirmed No relation

19. Please confirm you have not been banned or delisted by any Government or Quasi Government agencies or PSUs. If you have been banned, then this fact must be clearly stated. This does not necessarily mean cause for disqualification. However if this declaration is not furnished the bid shall be rejected as non-responsive.

Not Banned



SL. NO.


20.

20.1

20.2 a.

Please confirm your offer contains the following:

UNPRICED OFFER- without any Deviations

PRICED OFFER Duly filled Price Schedule with relevant annexures

Confirmed

Confirmed

21. Please confirm that you have quoted strictly for items based on your registration/ approval with EIL as on date of issue of RFQ.

Confirmed

22. Any claim arising out of order shall be sent to Owner in writing with a copy to EIL within 3 months from the date of last despatch. In case the claim is received after 3 months, the same shall not be entertained by Consultant/ Owner.

Confirmed

23. Printed terms and conditions, if any, appearing in quotation, shall not be applicable in the event of order. In case of contradiction between the confirmations given above and terms & conditions mentioned elsewhere in the offer, the confirmation given/confirmed herein above shall prevail.

Confirmed



ANNEXURE-I BHARAT PETROLEUM CORPORATION LTD.

MS BLOCK Kochi

TAXES AND DUTIES FORMAT FOR INDIAN SOURCED COMPONENTS / SERVICES BY FOREIGN BIDDER

NAME OF BIDDER: _________________________________

SUPPLIER OFFER REF. ___________________________________ Dated _____________ RFQ NO.: _________________________________ The salient features of the offer are as below:

1. Specify Despatch point

2. GSTIN no. of despatch point

_______________

_______________

3. Specify Invoicing place

4. GSTIN no. of invoicing place

_______________

_______________

5. HSN code of Goods

i)_______________

ii)_______________

iii)_______________

6. GST applicable extra on quoted FOT

despatch point prices

Intra state

(CGST + SGST/ UTGST) ( ) * ____% EXTRA

Inter state

(IGST) ( ) * ____% EXTRA

7. GST rate applicable on Freight __________% EXTRA

8. SAC code for Site Supervision / Site Work / Training Charges/ AMC/ PWAMC/ HAZOP/ 3D modelling / PGTR

________/_______/_______

9. GST applicable extra on quoted Site Supervision / Site Work / Training Charges/ PWAMC/ HAZOP/ 3D modelling / PGTR

________/_______/_______% EXTRA

10. If the Supplier is currently unregistered due to turnover below threshold, undertaking/ letter stating reason for non-obtaining registration *

YES ( ) / NO ( )

11. In case the Supplier is located in SEZ, declaration/ undertaking/ certificate shall be provided *

YES ( ) / NO ( )

12. Whether Supplier is registered as a composite dealer/ Agency in GST regime * YES ( ) / NO ( )

*-() whichever is applicable

BPCL-KR Job: B034

B034_SIB Rev.1 Page 1 of 28

MS BLOCK PROJECT OF

M/s BHARAT PETROLEUM CORPORATION LTD, KOCHI REFINERY, KOCHI, KERALA

SPECIAL INSTRUCTION TO BIDDER

(SIB)

BPCL-KR Job: B034


INDEX

SECTION-A: TERMS OF PAYMENT ..................................................................................................................... 4

1.0 PAYMENT TERMS FOR INDIAN BIDDERS: .......................................................................................... 4

2.0 PAYMENT TERMS FOR FOREIGN BIDDERS: ....................................................................................... 6

3.0 OCEAN FREIGHT: ..................................................................................................................................... 8

4.0 FOR TRAINING .......................................................................................................................................... 8

5.0 ANNUAL MAINTENANCE CONTRACT ................................................................................................. 8

6.0 3 D MODELLING ........................................................................................................................................ 9

SECTION – B: EVALUATION CRITERIA FOR COMPARISION OF BIDS .................................................. 9

7.0 WHERE ONLY INDIAN BIDS ARE UNDER COMPARISON: ............................................................... 9

8.0 WHERE ONLY FOREIGN BIDS ARE UNDER COMPARISON: ............................................................ 9

9.0 WHERE INDIAN AS WELL AS FOREIGN BIDS ARE UNDER COMPARISON: ............................... 10

10.0 GENERALNOTES: .................................................................................................................................... 11

11.0 SPECIAL NOTES ON TAXES/DUTIES .................................................................................................. 13

“Goods and Services Tax” (GST) ............................................................................................................... 13

12.0 PRICE REDUCTION SCHEDULE TOWARDS DELAY IN DELIVERY: ............................................. 15

13.0 GUARANTEE / WARRANTY PERIOD:- ................................................................................................ 15

SECTION-C: COMMERCIAL LOADING OF OFFERS IN CASE OF DEVIATIONS ....................................... 16

14.0 BASIS OF LOADING:............................................................................................................................... 16

15.0 PAYMENT TERMS: ................................................................................................................................. 16

16.0 PERFORMANCE BANK GUARANTEE (PBG): ..................................................................................... 16

17.0 DELAYED DELIVERIES: ........................................................................................................................ 17

18.0 PRICE VARIATION: ................................................................................................................................. 17

19.0 FREIGHT CHARGES: ............................................................................................................................... 18

20.0 INDIAN TAXES/ DUTIES: ....................................................................................................................... 18

21.0 DELIVERY/COMPLETION PERIOD: ..................................................................................................... 18

22.0 UTILITIES: ................................................................................................................................................ 18

23.0 FOREIGN EXCHANGE RATE VARIATION/ CUSTOM DUTY VARIATION FOR INDIAN

BIDDERS (ON BUILT-IN IMPORT CONTENT) ................................................................................... 18

24.0 REJECTION CRITERIA: .......................................................................................................................... 18

25.0 SUO-MOTO CHANGES IN PRICES: ....................................................................................................... 19

26.0 PRICE IMPLICATION NOT PERMITTED: ............................................................................................ 19

27.0 INTEGRITY PACT: ................................................................................................................................... 19

SECTION-D: SPECIAL CONDITIONS. ................................................................................................................ 19

28.0 DELIVERY SCHEDULE/ COMPLETION PERIOD: .............................................................................. 19

29.0 DESPATCH INSTRUCTIONS FOR INDIGENOUS SUPPLIES: ............................................................ 20

30.0 NEW / ADDITIONAL TAXES & DUTIES (Applicable for Indian Bidder): ............................................ 20

31.0 RECOVERY OF CUSTOM DUTY, GST: ................................................................................................ 20

32.0 GOVERNING LAW: ................................................................................................................................. 20

33.0 PURCHASER’S RIGHTS AND REMEDIES: .......................................................................................... 20

34.0 DEDUCTION AT SOURCE: ..................................................................................................................... 21

35.0 STATUTORY APPROVAL RELATED WITH SUPPLIES / WORKS (AS APPLICABLE): ................. 21

36.0 LIEN: .......................................................................................................................................................... 21

BPCL-KR Job: B034


37.0 LIMITATION OF LIABILITY: ................................................................................................................. 21

SECTION-E: GENERAL INSTRUCTIONS .......................................................................................................... 21

38.0 GENERAL: ................................................................................................................................................ 21

39.0 FRAUDULENT PRACTICES: .................................................................................................................. 22

40.0 ONE BID PER BIDDER:........................................................................................................................... 22

41.0 LANGUAGE OF BID: ............................................................................................................................... 23

42.0 EARNEST MONEY DEPOSIT: ................................................................................................................ 23

43.0 MODIFICATION AND WITHDRAWAL OF BIDS: ............................................................................... 23

44.0 EXAMINATION OF BIDS AND DETERMINATION OF RESPONSIVENESS: ................................. 23

45.0 OWNER’S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY BID: .......................................... 24

46.0 NOTIFICATION OF AWARD: ................................................................................................................ 24

47.0 WAIVER OR TRANSFER OF THE AGREEMENT: .............................................................................. 24

48.0 T&C FOR FOREIGN SUPPLIERS OPERATED THROUGH THEIR INDIAN OFFICE/

SUBSIDIARIES (applicable only to Instrumentation Items; enquiry issued on Limited Basis): .............. 25

49.0 TAX RESIDENCY CERTIFICATE (TRC) FORMAT FOR FOREIGN BIDDER: .................................. 25

50.0 REQUIREMENT OF EMPLOYMENT VISA FOR FOREIGN NATIONALS: ......................................... 25

51.0 ORDER OF PRECEDENCE OF COMMERCIAL DOCUMENTS: ........................................................... 25

SECTION-F: ADDITIONAL CLAUSES TO GPC ................................................................................................ 25

52.0 THE FOLLOWING IS ADDITIONAL TO CLAUSE NO. 38.0 OF GPC (INDIGENOUS): ................... 26

53.0 POWER OF ATTORNEY (APPLICABLE FOR NIT CASES ONLY): ..................................................... 26

54.0 MAKE IN INDIA PHILOSOPHY/ REQUIREMENT (IF PERMITTED IN MATERIAL REQUISITION):

................................................................................................................................................................... 26

BPCL-KR Job: B034


SPECIAL INSTRUCTIONS TO BIDDERS

BHARAT PETROLEUM CORPORATION LIMITED, KOCHI REFINERY

SECTION-A: TERMS OF PAYMENT In partial modification of the Payment Terms as mentioned in the General Purchase Conditions, the following payment terms shall be applicable. 1.0 PAYMENT TERMS FOR INDIAN BIDDERS:

1.1 Where the Material Requisition is only for supply of materials and there is no Supplier

Data Requirement specified in MR e.g. Bulk Piping Items, etc.

1.1.1 100% Payment within 30 days after receipt and acceptance of materials at site and on submission of Performance Bank Guarantee for 10% of Total Order Value, valid till the full guarantee period plus Three months claim period.

1.2 Where the Material Requisition calls for Supplier Drawings/Technical Documentation.

1.2.1 90% Payment within 30 days of receipt and acceptance of materials at Site and on submission of dispatch documents.

1.2.2 10% Payment after receipt of final technical documentation as per PR against EIL’s certification and on submission of Performance Bank Guarantee for 10% of Total Order Value, valid till full guarantee period plus Three months claim period.

1.3 Where Supply of materials and Erection or Site Work are in the scope of Supplier and Package Items.

1.3.1 Supply

1.3.1.1 5% Payment on approval of identified drawings atleast in CODE-2 by EIL against submission of Bank Guarantee of equivalent amount valid till complete execution of Order plus Three months claim period.

1.3.1.2 15% Payment after receipt of identified raw materials at Supplier’s Works and against certification by EIL and submission of Bank Guarantee of equivalent amount valid till complete execution of Order plus Three months claim period.

1.3.1.3 60% Payment after receipt of equipment/materials at BPCL’s Site. Billing Schedule to be furnished by the Supplier in case pro-rata payments are required.

1.3.1.4 10% payment after completion of Site Work and submission of final Technical documents as specified in the Purchase Requisition against EIL’s Certification and submission of Performance Bank Guarantee for 10% of Total Order Value (Supply plus Site Work), valid till full guarantee period plus three months claim period. In case of delay in start of the site work beyond 6 months, the above 10% Payment shall be released against submission of Bank Guarantee of equivalent amount valid initially for 1 year and subject to extension upto completion of the site work. However, in the event of delay in the site work, the Supplier is not relieved of his responsibility to carry out the same.

1.3.1.5 10% payment within 30 days of handing over the successfully commissioned equipment. Wherever commissioning is not in the Supplier’s scope, the payment will be released after completion of Site Work as per PR and handing over of equipment.

1.3.2 Erection/ Site work

1.3.2.1 90% Payment against monthly running bills (based on agreed Billing Schedule), duly certified by EIL.

1.3.2.2 10% Payment within 30 days after final handing over of equipment package to BPCL at site.

BPCL-KR Job: B034


1.4 Fabricated Items (Vessels, Columns, Heat Exchangers, etc.)

1.4.1 5% Payment on approval of identified drawings atleast in CODE-2 by EIL against submission of Bank Guarantee of equivalent amount valid till complete execution of Order plus Three months claim period.

1.4.2 15% after receipt of identified raw materials at Supplier’s Works and against certification by EIL and submission of Bank Guarantee of equivalent amount valid till complete execution of Order plus Three months claim period.

1.4.3 60% Payment through NEFT against receipt of materials at BPCL’s Site. Billing Schedule to be furnished by the Supplier in case pro-rata payments are required.

1.4.4 10% Payment after receipt of final documents as required in Purchase Requisition against EIL’s certification and on submission of Performance Bank Guarantee for 10% of Total Order Value, valid till full guarantee period plus Three months claim period.

1.4.5 Balance 10% Payment within 30 days of receipt of complete equipment at site and on compliance of 1.4.4 above.

1.5 Other Items (Pumps, Compressors, Switchgears, etc.)

1.5.1 5% Payment on approval of identified drawings atleast in CODE-2 by EIL against submission of Bank Guarantee of equivalent amount valid till complete execution of Order plus Three months claim period.

1.5.2 75% Payment against receipt of materials at BPCL’s Site. Billing Schedule to be furnished by the Supplier in case pro-rata payments are required.

1.5.3 10% Payment after receipt of final documents as required in Purchase Requisition against EIL’s certification and on submission of Performance Bank Guarantee for 10% of Total Order Value, valid till full guarantee period plus three months claim period

1.5.4 Balance 10% Payment against Commissioning/Demonstration of Performance Guarantee (if applicable) or 6 months from receipt of material at Site (against Bank Guarantee of equivalent amount valid for 1 year), whichever is earlier. However, in the event of delay in conducting the Performance Guarantee Run, the Supplier is not relieved of his responsibility to carry out the same. No additional payment shall be made for visit of Supplier to Site for demonstrating the performance, if the same is included in the scope of Supplier.

For items where supervision during erection, testing and commissioning is not required, the last 10% Payment shall be released within 30 days of receipt of material at Site.

1.6 Payment for PGTR / Per Diem Charges for Supervision of Erection, Testing &

Commissioning/ Participation in Hazop Study/ Any services on per diem basis

1.6.1 100% Payment of Invoice Amount shall be paid on completion of supervision services / PGTR against submission of Invoice along with Time Sheet duly certified by EIL/BPCL Site-In-Charge.

1.6.2 Where erection/commissioning supervision, commissioning assistance is required from the vendor, penalty for non-mobilization/delay in mobilization as per order shall also be specified in the specifications. The penalty shall generally be 1.5 times the per diem rate for each day of delay of reporting to site and shall be in addition to price reduction for delayed delivery.

1.6.3 Wherever supervision is in the scope of MR, bidders shall provide additional BG of an amount equal to the per diem charges for the number of days considered for evaluation over and above 10% PBG to cover compensation for delay in mobilising the erection/ commissioning personnel. This BG will be released to the bidder upon the erection/ commissioning personnel reporting at site. This BG shall be furnished along with payment milestone for submission of final documentation as per PR and shall be valid up to six months which shall be extended based on the request by BPCL. (In case where commissioning, Performance Guarantee Test, etc. are required and the 10% is under hold, this condition shall not be applicable).

1.7 Transportation charges

BPCL-KR Job: B034


1.7.1 100% Payment within 4 weeks after receipt of materials at site.

1.8 General

1.8.1 No initial advance payment along with Order shall be made by the Owner against Supplies as

well as Services (i.e. Transportation, Erection, Site Work, etc.). If a Supplier insists on the same, their Offer shall be rejected.

1.8.2 Bank Guarantee(s) shall be issued through Scheduled Commercial Bank in India/ Indian Branch of Foreign Bank, directly to BPCL as per the Pro-forma enclosed with RFQ documents and Supplier shall also enclose copy of the same along with Invoice.

1.8.3 All payments shall be released either through Electronic Clearing System (ECS) / Electronic Fund Transfer (EFT)/ Real Time Gross Settlement (RTGS) or through internet, within 30 days of receipt of Invoice and all requisite documents, complete in all respects.

1.8.4 Billing schedule shall be submitted to EIL & BPCL by the Supplier for approval within 30 days from the date of Purchase Order wherever specified therein. No payment against pro-rata dispatch shall be made without approval of Billing Schedule.

1.8.5 The supplier shall submit credit note/adjustment in GST invoice for PRS, if applicable on

account of delay in delivery. This is with respect to cases wherein supplier has not considered the applicable PRS in GST invoice.

1.8.6 The Supplier should issue Receipt Voucher for the progressive payment amount on which

GST is payable. On completion of the contract / order, the supplier shall issue valid GST Invoice for full contract/order value linking Receipt vouchers already issued to enable BPCL to avail Input Tax Credit.

1.8.7 Major Raw Material: Shall be as specified below:

i. Columns and Vessels: Plates and Forgings ii. Heat Exchangers: Plates, Forgings and Tubes iii. Pumps/Compressors: Castings and Drivers iv. Any other item(s) as may be defined in MR/PR.

2.0 PAYMENT TERMS FOR FOREIGN BIDDERS:

2.1 Where the Material Requisition is only for Supply of materials

2.1.1 100% of FOB Order Value shall be paid through an Irrevocable Letter of Credit against

submission of Shipping Documents. The Letter of Credit shall be established only on receipt of acceptance of Letter of Acceptance/Purchase Order along with submission of Bank Guarantee of 15% of Order Value (10% towards Performance Bank Guarantee valid till full Guarantee period plus Three months claim period& separate 5% Bank Guarantee towards Price Reduction Schedule due to delay in delivery valid till contractual delivery date (CDD) + Five and half Months). For PGTR cases only

In case of PGTR 90% supply amount shall be released through Letter of Credit and last 10% supply amount shall be released against successful demonstration of Performance Guarantee Test Run & submission of Invoices duly certified by Site-In-charge or 6 months from receipt of material at site (against BG of equivalent amount valid for 1 year), whichever is earlier. However in the event of delay in conducting the PGTR, the bidder is not relieved of his responsibility to carry out the same. No additional payment shall be made for visit of supplier to site for demonstrating the PGTR, if the same is included in the scope of supplier.

2.2 Where the Material Requisition calls for Supply of material and Erection or Site Work in the scope of Supplier and Package Items For Supply Portion

2.2.1 90% Payment of FOB Supply value through an Irrevocable Letter of Credit against submission of Shipping Documents. The Letter of Credit shall be established only on receipt of

BPCL-KR Job: B034


acceptance of Fax of Acceptance/Purchase Order along with submission of Bank Guarantee of 15% of Order Value (10% towards Performance Bank Guarantee valid till full Guarantee period plus Three months claim period& separate 5% Bank Guarantee towards Price Reduction Schedule due to delay in delivery valid till contractual delivery date (CDD) + Five and half Months).

2.2.2 10% Payment of FOB Supply value through direct wire transfer through banking channels on completion of Erection or Site Work or Commissioning/Performance Guarantee Test Run (PGTR) at site, as applicable as per Purchase Order/Purchase Requisition (PR) against submission of final documents or Certificate of Completion of Work by BPCL Site.

For PGTR cases only

The above amount (10%) shall be released against successful demonstration of Performance Guarantee Test Run & submission of Invoices duly certified by Site-In-charge or 6 months from receipt of material at site (against BG of equivalent amount valid for 1 year), whichever is earlier. However in the event of delay in conducting the PGTR, the bidder is not relieved of his responsibility to carry out the same. No additional payment shall be made for visit of supplier to site for demonstrating the PGTR, if the same is included in the scope of supplier.

For Site Work Portion (Erection/Commissioning/PGTR)

2.2.3 100% Payment of Amount for Erection or Site Work or Commissioning/Performance Guarantee Test Run (PGTR) at site, shall be paid through direct wire transfer through banking channels on completion of Erection or Site Work at site as per Purchase Order against submission of Certificate for Completion of Work by EIL Site.

The Letter of Credit shall be established only on receipt of acceptance of Letter of Acceptance/Purchase Order along with submission of Performance Bank Guarantee of 15% of Total Order Value[Supply + Site Work](10% towards Performance Bank Guarantee valid till full Guarantee period plus Three months claim period& separate 5% Bank Guarantee towards Price Reduction Schedule due to delay in delivery valid till contractual delivery date (CDD) + Five and half Months).

2.3 Payment for PGTR / Per Diem Charges for Supervision of Erection, Test ing & Commissioning/ Participation in Hazop Study/ Any services on per diem basis

2.3.1 100% Payment of Invoice amount through direct wire transfer as per normal banking channels on completion of supervision activity / PGTR upon submission of Invoice, Time Sheet duly certified by Site In-Charge at BPCL Site, legible copy of visa (showing date of entry and date of exit from India) and passport (showing Name and Nationality of the personnel).Payment shall be made after deducting income tax at applicable rate.

2.3.2 Where erection/commissioning supervision, commissioning assistance is required from the

vendor, penalty for non-mobilization/delay in mobilization as per order shall also be specified in the specifications. The penalty shall generally be 1.5 times the per diem rate for each day of delay of reporting to site and shall be in addition to price reduction for delayed delivery.

2.3.3 Wherever supervision is in the scope of MR, bidders shall provide additional BG of an amount

equal to the per diem charges for the number of days considered for evaluation over and above 10% PBG to cover compensation for delay in mobilising the erection/ commissioning personnel. This BG will be released to the bidder upon the erection/ commissioning personnel reporting at site. This BG shall be furnish along with dispatch documents which shall be initially valid up to six months which shall be extended based on the request by BPCL.

2.4 General 2.4.1 No initial advance payment along with Order shall be made by the Owner against Supplies as

well as Services (i.e. Transportation, Erection, Site Work, etc.). If a Supplier insists on the same, their Offer shall be rejected.

2.4.2 All Bank Guarantee(s) shall be issued through any Indian Scheduled Bank or branch of an International Bank situated in India and registered with Reserve Bank of India as scheduled foreign Bank as per Pro-forma provided in RFQ documents. All Bank Guarantees will be directly to BPCL by the Bank.

BPCL-KR Job: B034


2.4.3 All bank charges and stamp duties payable outside India in connection with payments shall be

borne by the Supplier. All bank charges and stamp duties payable in India shall be borne by BPCL except L/C Amendment charges for delays in delivery. Confirmation charges for Confirmed L/C shall be borne by Supplier.

2.4.4 Billing schedule shall be submitted to EIL & BPCL by the Supplier for approval within 30 days from the date of Purchase Order wherever specified therein. No part shipment shall be made without approval of billing schedule.

2.4.5 The supplier shall submit credit note/adjustment in GST invoice for PRS, if applicable on

account of delay in delivery. This is with respect to cases wherein supplier has not considered the applicable PRS in GST invoice.

2.4.6 The Supplier should issue Receipt Voucher for the progressive payment amount on which

GST is payable. On completion of the contract / order, the supplier shall issue valid GST Invoice for full contract/order value linking Receipt vouchers already issued to enable BPCL to avail Input Tax Credit.

2.4.7 Subject to Technical Acceptability, For supplies sourced within India (if any) by Foreign Bidder & directly dispatched to Site shall have following provisions: (Refer Annexure-A)

2.4.8 The supervision/ site work charges/ services by Foreign (Expatriate) Supervisors shall be gross of income tax/ TDS under GST (if applicable) i.e., inclusive of Indian Income Tax/ TDS under GST (if applicable) at the applicable prevailing rate as per Indian Income Tax rules. Payment for such services shall be made after deducting Income Tax at applicable rate. TDS under GST, if applicable, shall be made from contractor’s/vendor’s bill at applicable rate and a certificate as per rules for tax so deducted shall be provided to the contractor/vendor.

3.0 OCEAN FREIGHT:

3.1 Ocean freight from FOB Port of Exit to designated Indian Port shall be arranged by BPCL through their nominated Freight Forwarder. Supplier shall arrange handing over the material to BPCL Freight Forwarder at the designated Port of Exit.

3.2 In cases where the RFQ requires the Supplier to quote Ocean Freight, BPCL reserves the

right to ask the Supplier to arrange shipment through their own Freight Forwarder at the quoted freight rates.

3.3 Owner/EIL reserves the right to place the order for foreign bidder either on FOB basis or CFR basis. In case of award, initially the order shall be placed on FOB basis and Owner reserves the right to convert the same to CFR basis within 4 months, from placement of order. Therefore, the Ocean Freight Charges/ CFR prices should be valid for additional 4 months from the date of Order. The bidder is required to furnish the shipping details within 45 days from the date of order. In case the bidder is not able to provide the shipping details within 45 days then 4 months shall be considered from the date of receipt of shipping details of consignment for converting FOB to CFR.

3.4 Above clause no. 3.1 to 3.3 is not applicable for Turn-Key jobs where ocean freight along with Marine cum transit cum erection insurance in bidders scope.

4.0 FOR TRAINING

4.1 At Site: 100% payment against final bill to be submitted by seller after completion of training duly

certified by site-in-charge.

4.2 At Supplier’s Works: 100% payment against final bill to be submitted by seller after completion of training.

5.0 ANNUAL MAINTENANCE CONTRACT

5.1 100% payment shall be paid at the end of each quarter of the contractual year against quarterly progressive bills to be submitted by Seller duly certified by Site-in-Charge.

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6.0 3 D MODELLING

6.1 90% against submission of 3D model along with design database in Compact Disc (CD).

6.2 10% against on completion of job duly certified by Engineer-in-Charge. SECTION – B: EVALUATION CRITERIA FOR COMPARISION OF BIDS

7.0 WHERE ONLY INDIAN BIDS ARE UNDER COMPARISON:

Bids shall be evaluated on the basis of Net Effective Price i.e. landed cost at Site including Third Party Inspection charges (if applicable) by Third Party Inspection Agency as nominated by BPCL minus ITC Input Tax Credit/set off benefit available to BPCL.

Commercial loading shall be done on FOT Dispatch Point price.

Any other Loading of prices, as applicable, refer General Notes below

Technical and commercial loadings, as defined in the RFQ document.

Any other prices indicated by the bidder

Firm Freight Charges quoted by the Bidder If a Bidder does not quote freight charges, his offer shall be loaded with maximum freight charges as quoted by the other bidders.

Taxes/Duties:

Bid evaluation will be done considering HSN code and GST rates quoted by the bidder and shall be treated final. Bids shall be evaluated on Gross tax basis i.e. after including

amount of GST. Any higher rate of tax actually invoiced shall not be reimbursed.

8.0 WHERE ONLY FOREIGN BIDS ARE UNDER COMPARISON:

Bids shall be evaluated on the CIF basis including Custom Clearance (as mentioned below), considering firm ocean freight up to Port of Entry (Kochi, India) as quoted by bidders.

Sl. No.

Head Basis

1 F.O.B. Price As quoted by the Bidder (including stowage charges in case of pipes*) and Third Party Inspection charges.

* Stowage charges, if not included in the quoted FOB Price, the same shall be loaded @ 10% of freight quoted by the Bidder.

2 Add – Ocean Freight Firm Freight charges as quoted by Bidders and/ or provision mentioned in the bid documents. GST at the prevailing rate shall be loaded on ocean freight charges and its adjustment as per credit available to Owner

3 Add – Marine Insurance @ 1% of FOB Price

4 Add – Import Duties Prevailing Rate on (CIF value plus Landing Charges @ 1% of CIF Value),

5 Other Commercial/ Technical Loading

5.1 Commercial Loading, if any On FOB Value

5.2 Technical Loading, if any

As per MR/ RFQ Document

6 Less – Input Tax Credit (ITC)

Input tax credit of GST

7 FOT SITE PRICE Sum Total (Sl. Nos. 1 ~ 5) – (Sl. No. 6)

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If a Bidder does not quote Ocean freight charges, his offer shall be loaded with maximum freight charges as quoted by the other foreign bidders.

Comparison shall be done on equivalent Indian Rupees considering RBI Reference rate of Foreign Exchange published on the day of Opening of Priced Bids.

Normally, deviations in Payment terms, Firm prices & Performance Bank Guarantee are not acceptable. However, wherever Bidder insists, the loading shall be done as applicable to Indigenous cases on FOB price.


9.0 WHERE INDIAN AS WELL AS FOREIGN BIDS ARE UNDER COMPARISON:

Domestic Bidders:

Bids shall be evaluated on the basis of Landed Cost at Site (considering EIL Inspection charges @ 1.25% of FOT Dispatch Point price) including all duties, taxes and transportation charges less input tax credit on GST, whichever applicable.

Commercial loading shall be done on FOT Dispatch Point price.


Foreign Bidders:

Bids shall be evaluated on the basis of landed cost at Site including the charges of inspection by Third Party Inspection Agency, all duties, taxes and ocean freight charges as under less input tax credit on GST, whichever applicable.

Sl. No.

Head Basis

1 F.O.B. Price As quoted by the Bidder (including stowage charges in case of pipes*) and Third Party Inspection charges.

* Stowage charges, if not included in the quoted FOB Price, the same shall be loaded @ 10% of freight quoted by the Bidder.

2 Add – Ocean Freight Firm Freight charges as quoted by Bidders.

Firm Freight charges as quoted by Bidders or provision mentioned in the bid documents. GST at the prevailing rate shall be loaded on ocean freight charges minus credit available of same.

GST component shall not be considered for customs duty purpose.

3 Add – Marine Insurance @ 1% of FOB Price

4 Add – Import Duties Prevailing Rate on (CIF value plus Landing Charges @ 1% of CIF Value), IGST as applicable as well GST compensation cess (if applicable).

5 Add – Port Handling Charges

@ 2% of CIF Value

6 Add – Inland Freight Charges from Port of Entry in India to Project Site

1% of Landed Cost i.e. Sl. Nos. 1 to 5

7 Add – L/C charges @ 1% of FOB Price

8 Commercial/ Technical Loading

8.1 Commercial Loading, if any On FOB Value

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8.2 Technical loading, if any

As per MR/ RFQ Document

9 Less – Input Tax Credit (ITC)

Input tax credit of GST

10 FOT SITE PRICE Sum Total (Sl. Nos. 1 ~ 8) – (Sl. No. 9)

Wherever supervision and site works are involved, in that cases GST shall be loaded with as applicable rates.

10.0 GENERALNOTES:

i. Cost of Mandatory (Insurance) Spares, if identified in the Material Requisition,

Commissioning spares and Special Tools & Tackles will be included for price evaluation of bids, but costs of Spares for Two Years Normal Operation & Maintenance shall be excluded.

ii. Cost of loading towards Technical Parameters (Utilities, etc.) wherever applicable shall be carried out.

iii. BPCL shall claim Input Tax credit on GST, which shall be considered and necessary credit shall be considered for evaluation and comparison of bids.

iv. Wherever Site Work, AMC/ PWCAMC, PGTR, Training, Supervision, Participation in Hazop study, 3D Modelling etc. are required as per MR/RFQ, the same shall be considered for evaluation.

v. Bidders shall indicate the Customs Duty at Merit Rate in their Offer.

vi. The Bidder must ascertain and confirm along with supporting documents in the bid, if any Custom duty exemption / waiver is applicable to the products being supplied by bidder under any multi-lateral / bi-lateral trade agreement between India and Bidder’s country.

The bidder shall liable to provide all documentation to ensure availment of the exemption / waiver. In case the bidder defaults on this due to any reason whatsoever, they shall be liable to bear the incremental Custom Duty applicable, if any. Any Custom Duty applicability on account of any change in the bi-lateral / multi-lateral agreement shall be in bidder’s account. Documentation to be furnished for availing any exemption / waiver of Custom Duty shall be specifically listed in Letter of Credit also as the pre-requisite for release of payment against shipping documents and this documentation shall necessarily from a part of shipping documents.

vii. Comparison shall be done on equivalent Indian Rupees considering RBI Reference Rate

of Foreign Exchange published on the day of opening of the Price Bids.

viii. Third Party Inspection charges for foreign bidder must be included in quoted prices or anything specifically mentioned in RFQ documents.

ix. Owner reserves the right to allow Manufacturers or Suppliers or Service providers, purchase preference (linked with local content) as admissible under the prevailing policy, subject to their complying with the requirements/ conditions defined in relevant annexure attached and submitting documents required to support the same.

x. BPCL’s eligibility for input tax credit on GST (for capital goods and input services) as

applicable shall be considered for evaluation. Bidder shall be required to issue tax invoice in accordance with GST Rules so that input credit can be availed by BPCL. In the event that the Supplier fails to provide the invoice in the form and manner prescribed under the GST Act read with GST Invoicing Rules there under, BPCL shall not be liable to make any payment against such invoice.

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xi. Bidders quoted transportation charges shall be inclusive of all taxes and duties except

Goods and Services Tax, as applicable.

xii. Transit Insurance/ Marine Insurance shall be excluded from Supplier’s scope for the items where only supply is involved, and in such cases, the same shall be arranged by the Owner. For purchases involving Site Work, the Comprehensive Insurance (Transit/Marine cum Storage, Erection, till handing over of equipment) shall be in the scope of Supplier.

xiii. In case the bidder is covered under Composition Scheme under GST laws, then bidder should quote the price inclusive of the GST (CGST & SGST/UTGST or IGST) and accordingly no Input Tax credit shall be considered for Evaluation for such bidder.

xiv. Owner reserves its right to allow Public Sector Enterprises (Central/State), Micro & Small

Enterprises (MSEs) and MSEs owned by Scheduled Caste (SC)/ Scheduled tribe (ST) entrepreneurs, purchase preference as admissible/applicable from time to time under the existing Govt. policy. Bidder to submit documentary evidence for the same duly certified by Statutory Auditor of the bidder or a practicing Charted Account (not being an employee or a Director or not having any interest in the Bidder’s company / firm) where audited accounts are not mandatory as per law.). In this regard, item wise quantity may be split and the quoted price shall remain valid.

xv. OWNER also reserves the right to consolidate the quantities of PO where it is

commercially prudent to place single order. In the case of shifting of order as above , the following shall govern:

a) In order to avoid splitting of order on number of bidders, particularly when order value is

small, shifting shall be resorted to so that time and effort on ordering, expediting,

inspection etc. is saved in dealing with additional Suppliers. For the purpose of

shifting, cost of order management per order is considered as Rs. 1,00,000/-. However,

shifting shall not be resorted to where MSE is the recommended bidder even if the

items are being shifted to another MSE Bidder, if the recommended order value is

above Rs. 25,000/-

b) Based on lowest evaluated item wise prices the shifting shall be carried out provided

the following conditions are met:

Shifting shall be done only if shifting cost of each order is up to Rs.1,00,000/.

Shifting shall not be resorted to if the value of the order is more than 25% of the total

order value of the recommendation. However, this ceiling will not be applicable

where total order value of recommendation is up to Rs. 4.0 Lakhs.

In case the order value on L1 bidder is more than Rs 2,00,000/- then shifting shall not be resorted.

With above shifting the selected bidder for award will be deemed to be L1 bidder.

xvi. If various item rates are present in the RFQ and if there is correction/wrong entry or a difference between the values entered in figures and in words, the following procedure shall be adopted for evaluation.

i. When there is a difference between the rate in figures and in words for an item, the

rate which corresponds to the amount worked out by the Bidder for the item based on the notional quantity specified, shall be taken as correct.

ii. When the rate quoted by the Bidder in figures and words tallies but the amount is

incorrect, the rate quoted by the Bidder shall be taken as correct.

iii. When it is not possible to ascertain the correct rate as detailed above, the rate quoted for the item in words shall be adopted as the quoted rate.

iv. If the total amount written against an item does not correspond to the rate written in figures and if the rate in words is missing, then the higher of the rates, i.e. higher of the rate worked out by dividing the amount by the notional quantity and the rate quoted shall be considered for evaluation In the event that such a bid is determined as the lowest bid, the lower of the rates shall be considered for award of works.

BPCL-KR Job: B034


11.0 SPECIAL NOTES ON TAXES/DUTIES

11.1 “Goods and Services Tax” (GST)

11.1.1 “GST” shall mean Goods and Services Tax charged on the supply of material(s) and services. The term “GST” shall be construed to include the Integrated Goods and Services Tax (hereinafter referred to as “IGST”) or Central Goods and Services Tax (hereinafter referred to as “CGST”) or State Goods and Services Tax (hereinafter referred to as “SGST”) or Union Territory Goods and Services Tax (hereinafter referred to as “UTGST”) depending upon the import / interstate or intrastate supplies, as the case may be.It shall also include GST compensation cess, if applicable.

11.1.2 The quoted price on finished Goods and Services shall be inclusive of all taxes and duties except Goods and Services Tax as per GST Act (hereinafter called GST) (i.e. IGST or CGST and SGST/UTGST applicable in case of interstate supply or intra state supply respectively and GST compensation Cess if applicable).

11.1.3 Applicable GST as quoted shall be considered for evaluation. Input Tax Credit (ITC) as available to BPCL shall be considered for evaluation

11.1.4 The quoted freight price shall be exclusive of GST applicable in case of interstate supply or intra state supply respectively). Applicable IGST/CGST/SGST as quoted shall be considered for evaluation as BPCL will claim Input credit on the same.

11.1.5 Supplier shall be required to issue tax invoice in accordance with GST Act and/or Rules so that input credit can be availed by BPCL. In the event that the Supplier fails to provide the invoice in the form and manner prescribed under the GST Act read with GST Invoicing Rules thereunder, BPCL shall not be liable to make any payment on account of GST against such invoice.

11.1.6 Payment shall be made only on receipt of valid GST invoice GST payable under reverse charge for specified services or goods under GST act or rules, if any, shall not be paid to the Supplier but will be directly deposited to the government by BPCL.

11.1.7 Where BPCL has the obligation to discharge GST liability under reverse charge mechanism and BPCL has paid or is /liable to pay GST to the Government on which interest or penalties becomes payable as per GST laws for any reason which is not attributable to BPCL or ITC with respect to such payments is not available to BPCL for any reason which is not attributable to BPCL, then BPCL shall be entitled to deduct/ setoff / recover such amounts against any amounts paid or payable by BPCL to Supplier.

11.1.8 The Supplier shall always comply with the requirements of applicable laws and provide necessary documents as prescribed under the Rules & Regulations, as applicable from time to time. In particular, if any tax credit, refund or other benefit is denied or delayed to BPCL due to any non-compliance / delayed compliance by the Supplier under the Goods & Service Tax Act (such as failure to upload the details of the sale on the GSTN portal, failure to pay GST to the Government) or due to non-furnishing or furnishing of incorrect or incomplete documents by the Supplier, the Supplier shall be liable to reimburse BPCL for all such losses and other consequences including, but not limited to the tax loss, interest and penalty.

11.1.9 Notwithstanding anything contained anywhere in the Purchase Order, in the event that the input tax credit of the GST charged by the Supplier is denied by the tax authorities to BPCL for reasons attributable to Supplier, BPCL shall be entitled to recover such amount from the Supplier by way of adjustment from the next invoice or invoking the Contract Performance Bank Guarantee and/or any remedy as available. In addition to the amount of GST, EIL / Owner shall also be entitled to recover interest at the rate prescribed under GST Act and penalty, in case any penalty is imposed by the tax authorities on Project Owner.

11.1.10 TDS under GST, if applicable, shall be deducted from Supplier’s bill at applicable rate and a certificate as per rules for tax so deducted shall be provided to the contractor/ SUPPLIER.

11.1.11 No variation on account of taxes and duties, statutory or otherwise, shall be payable by BPCLs to Supplier’s except for GST. Any statutory variation for GST shall be payable up to contractual date of completion against documentary evidence. Any reduction in taxes and duties included in the price shall be passed on to Client.

11.1.12 In case the bidder is covered under Composition Scheme under GST laws, then bidder should quote the price inclusive of the composition tax under GST. Further, such bidder should mention “Covered under composition system” in column for GST of price schedule.

BPCL-KR Job: B034


Bidders registered under the composition scheme shall furnish invoices in line with GST rules.

11.1.13 BPCL will prefer to deal with registered Supplier of goods/ services under GST. Therefore, bidders are requested to get themselves registered under GST, if not registered yet. Where BPCL is entitled for input credit of GST, the same will be considered for evaluation of bid as per evaluation methodology of tender document.

11.2 Income Tax

11.2.1 Foreign (Expatriate) Supervisors

The supervision/ site work charges of foreign Supplier shall be gross of income tax ,i.e., inclusive of Income Tax at the prevailing rate as per Indian Income Tax rules. Owner/Purchaser shall deduct at source the tax while making payments against each invoice for the services in India. Certificate for Tax Deducted at Source (TDS) shall be provided to the Supplier.

11.2.2 For Indian (Resident) supervisors

Supervision/ site work charges of Indian bidder shall be inclusive of income tax.

Tax shall be deducted at source by BPCL from all sums due to an Indian tax resident bidder in accordance with the provisions of the Income Tax Act, 1961, as in force at the relevant point of time

BPCL shall issue a Tax deduction or withholding certificate to the bidder evidencing the Tax deducted or withheld and deposited by BPCL on payments made to the Supplier to enable the Supplier to claim the credit of the Tax deducted or withheld by BPCL.

11.3 Statutory Variations

11.3.1 No variation on account of taxes and duties, statutory or otherwise, shall be payable by BPCL to SUPPLIER except for GST. However, any statutory variation for GST shall be payable up to contractual date of completion against documentary evidence. Any reduction in taxes and duties included in the price shall be passed on to BPCL.

11.4 General

11.4.1 The benefit of any Tax exemption, concessions, rebate or any other incentives available when the Supplier or its Sub Supplier/ SUPPLIER are performing their obligations under the Purchase Order, shall be passed on to BPCL.

11.4.2 The classification of goods as per GST act should be correctly done by the SUPPLIER to ensure that Input Credit is not lost to the BPCL on account of any error on the part of the Supplier.

Any error of interpretation of applicability of taxes/ duties by the Supplier shall be to Supplier’s account.

11.4.3 GST shall be released only on receipt of GST Invoice containing the following details:-

(a) Name, address and GSTIN of the Supplier; (b) A consecutive serial number of the invoice; (c) Date of issue; (d) Name, address and GSTIN or UIN, if registered of the recipient; (e) Name and address of the recipient and the address of the delivery, along with the State

and its code, (f) HSN Codes or Accounting Code of services; (g) Description of goods or services; (h) Total value of supply of goods or services; (i) Taxable value of supply of goods or services taking into discount or abatement if any; (j) Rate of tax (Central Tax, State Tax, Integrated Tax (for inter-state supply), Union

Territory Tax or cess); (k) Amount of tax charged in respect of taxable services (Central Tax, State Tax,

Integrated Tax (for inter-state supply), Union Territory Tax or cess); (l) Place of supply along with the name of State, in case of supply in the course of inter-

state trade or commerce; (m) Address of the dispatch point where the same is different from the place of Supplier; (n) Signature or digital signature of the Supplier or his authorized representative. (o) Any other document/ details required as per GST rules. (p) It's the obligation on the part of Bidder / SUPPLIER to discharge his liability by

payment of GST to Government of India in cash OR utilisation of Input Tax credit in

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respect of such supply of services through GST Invoice under the Contract, so that Owner will avail Input Tax credit on such supply. In the event that the input tax credit of the GST charged by the Bidder / SUPPLIER is denied by the tax authorities to Owner due to reasons attributable to Bidder / SUPPLIER, Owner shall be entitled to recover such amount from the Bidder / SUPPLIER by way of adjustment from the next invoice or from Bank Guarantee. In addition to the amount of GST, Owner shall also be entitled to recover interest and penalty, in case same is imposed by the tax authorities on Owner.

12.0 PRICE REDUCTION SCHEDULE TOWARDS DELAY IN DELIVERY:

i. For Indigenous Supplier: a) In case item involving supply and site work:-

Price Reduction Schedule towards delay in delivery for domestic bidder shall be applicable as per clause no. 9.0 of GPC (For Indigenous materials & equipments) subject to following modification: For any delay in delivery of equipments/ materials or part thereof and / or site work beyond the delivery/completion date stipulated, the vendor shall be liable to pay, compensation @ 0. 5% of the Total order value (Supply+ Site Work) per week of delay or part thereof subject to maximum of 5% of the Total order value (Supply+ Site Work). Wherever the supply period and site work are indicated as two separate periods and notice of site readiness is required for site work, intervening period, if any shall be excluded, while calculating the price schedule for delay.”

b) In case item involving only supply:-

Delayed Delivery shall be as per clause 9 of GPC (For Indigenous materials & equipments).

ii. For Foreign supplier:

a) In case item involving supply and site work:-

Price Reduction Schedule (Supply + Site work) towards delay in delivery for foreign bidder shall be applicable as per clause no. 17 of GPC (For Foreign materials & equipments) of RFQ subject to following modification:

For any delay in delivery of equipments/ materials or part thereof and / or site work beyond the delivery/completion date stipulated, the vendor shall be liable to pay, compensation @ 0. 5% of the Total order value (Supply+ Site Work) per week of delay or part thereof subject to maximum of 5% of the Total order value (Supply+ Site Work).

Wherever the supply period and site work are indicated as two separate periods and notice of site readiness is required for site work, intervening period, if any shall be excluded, while calculating the price schedule for delay.”


Delayed Delivery shall be as per clause 17 of GPC (For Foreign materials & equipments).

13.0 GUARANTEE / WARRANTY PERIOD:-

i) For Indigenous Supplier:

a) In case item involving supply and site work:- In partial modification of the terms specified in clause 30 of GPC(For Indigenous materials & equipments) –the Guarantee period shall be 12

BPCL-KR Job: B034


months from the date of handing over of duly completed plant/equipment/system to the Owner after the site work.


Performance Guarantee shall be as per clause 30 of GPC (For Indigenous materials & equipments).

ii) For Foreign Supplier

a) In case item involving supply and site work:- In partial modification of the terms specified in clause 26 of GPC(For Foreign materials & equipments)– the Guarantee period shall be 12 months from the date of handing over of duly completed plant/equipment/system to the Owner after the site work.

b) In case item involving only supply:- Performance Guarantee shall be as per clause 26 of GPC (For Foreign materials & equipments).

SECTION-C: COMMERCIAL LOADING OF OFFERS IN CASE OF DEVIATIONS

14.0 BASIS OF LOADING:

The Foreign Bids shall be loaded on FOB Port of Exit prices and the Indian Bids shall be loaded on FOT Despatch Point prices.

15.0 PAYMENT TERMS:

i. Any differential payment terms offered by an Indian supplier as against the terms specified in the RFQ/ GPC shall be loaded @ 15% (simple interest) per annum for the applicable period as under: Drawing approval : 80% of the delivery period Sub-ordering of raw materials : 75% of the delivery period Receipt of raw material at vendor’s works : 50% of the delivery period Final 10% also against dispatch documents : one month

Period of any other stage shall be suitably decided at the time of evaluation.

In cases like turnkey jobs, to derive the delivery period of supply items, the total period of turnkey jobs shall be split into delivery period of supplies & site work period in the ratio of 70:30 for loading of differential payment terms for the supply periods as defined above.

ii. Foreign suppliers shall not be permitted to offer differential payment terms as against the terms specified in the RFQ/ GPC and in case they insist, their offer shall be rejected. However, differential payment terms proposed by Foreign Supplier shall be subject to acceptance by Owner at his discretion (on case to case basis).

iii. Advance along with LOA/ PO will not be allowed. If a supplier insists for advance payment along with LOA/PO, his offer shall be rejected.

16.0 PERFORMANCE BANK GUARANTEE (PBG):

i. Performance Bank Guarantee shall be required in all cases of supplies of all values. In case a supplier offers to give a PBG for less than 10% of order value, or for a lesser period than what is provided in GPC, loading shall be done for the differential amount and/ or the differential period. For differential period/ amount, the following example will amplify the methodology of loading (if GPC specifies 10% PBG for 18 months + 3 months claim period = Total 21 months):

For differential period:

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Period offered by Bidder Loading 10% for 21 months - No loading 10% for 18 months - 10% x 3/21 = 1.43% 10% for 12 months - 10% x 9/21 = 4.29% 10% for 6 months - 10% x 15/21 = 7.14%

For differential Amount: Other than 10%: To be loaded by percentage by which PBG is short of 10%.

ii. In case, bidder does not agree to submit the PBG, 10% payment shall be deducted and withheld till the guarantee period.

iii. In case, Bidder does not agree to submit the PBG or agree for deduction as per Cl. 13.(ii) above, the offer shall be liable for rejection.

17.0 DELAYED DELIVERIES:

i. For Supply Only: [considering 0.5% un-delivered order value (UDOV) ~ 5% total

order value (TOV)]

In case a Supplier does not accept the delayed delivery clause and/or takes any deviation (indicates Penalty clause/Liquidated damages in place of Price Reduction Clause) or takes exception to the percentage rate mentioned in GPC, the offer of such supplier(s) shall be loaded as under:

0.5% UDOV to 5%TOV : No loading 0.5% UDOV to 5% UDOV : 5%

0.5% UDOV to less than 5% TOV : Differential between the offered %age and 5% Any other deviation/Liquidated : 5% Damages/ penalty or non acceptance of price reduction schedule

ii. For Supply + Site Work: [considering 0.5% total order value (TOV) ~ 5% total

order value (TOV)]

0.5% TOV to 5%TOV : No loading 0.5% UDOV to 5%TOV : 5% loading 0.5% TOV to less than 5% TOV : Differential between the Offered % and 5% Any other deviation/Liquidated : 5% Damages/ penalty or non acceptance of price reduction schedule

18.0 PRICE VARIATION:

Suppliers must quote firm & fixed prices unless price variation is specified in the RFQ. Where price variation is permitted as per RFQ, the loading thereto shall be as follows:

a) Firm Price No loading

b) In case of Price Variation formula with ceiling

Loading by ceiling percentage offered.

c) No ceiling on the formula specified (This loading shall be done only after putting efforts with Supplier to indicate ceiling and obtaining BPCL’s approval)

1.5 times the maximum ceiling specified by other Suppliers. In case all other Suppliers have quoted firm prices then @ 1.25% for every month of quoted delivery period to be taken as ceiling.

d) No formula and no ceiling specified by Offer may be rejected.

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Supplier (This shall be resorted to only after putting efforts with Supplier and obtaining BPCL’s approval)

19.0 FREIGHT CHARGES: i. Indian Suppliers shall quote firm freight charges up to destination by road transport for all

cases until unless specified otherwise in the RFQ documents.

20.0 INDIAN TAXES/ DUTIES:

In case a supplier states that taxes/duties are not applicable at present and will be charged as applicable at the time of delivery then his bid shall be loaded by the maximum rate of taxes/duties applicable.

21.0 DELIVERY/COMPLETION PERIOD:

The required delivery / completion period will be stipulated in the RFQ and the bids with longer than required delivery shall be liable for rejection.

22.0 UTILITIES:

Cost loading in respect of utilities etc. will be considered as mentioned in RFQ documents.

23.0 FOREIGN EXCHANGE RATE VARIATION/ CUSTOM DUTY VARIATION FOR INDIAN BIDDERS (ON BUILT-IN IMPORT CONTENT):

i. Prices shall remain firm and fixed without any escalation except for statutory variation in

customs duty rate. The prices shall be firm and fixed on account of FE variation also.

ii. Indigenous bidders shall be required to quote their prices including customs duty

(Merit rate) towards their built in import content. CIF content in Indian Rupees shall also be furnished by Bidders along with the merit rate of customs duty considered.

iii. The statutory variation in customs duty shall be subject to the following guidelines and the supplier shall confirm the following in their bid:

(a) Maximum CIF value of import content shall be furnished in the bid.

(b) The material to be imported covering the above CIF value to be indicated in

the bid.

(c) Any increase in price due to increase in customs duty rate beyond two-third of the quoted delivery period will be to supplier’s account. However, any decrease in price due to decrease in customs duty rate at the time of actual clearance of imported materials shall be passed on to BPCL.

(d) Variation in price due to customs duty rate will be dealt with separately after receipt of materials at site against documentary evidence.

24.0 REJECTION CRITERIA:

Bidder shall strictly comply with the technical and commercial requirements. Bid shall be considered on responsive and rejected, if bidder insists on deviations to the under mentioned provisions of RFQ/Bidding document:

i) Bid Security amount, Bid security validity, issuing bank and any major deviation to format of Bid security. However this shall not be applicable in case Bid security is not required as per RFQ/Bidding Document.

ii) Advance payment along with LOA/ PO.

BPCL-KR Job: B034


iii) Unless specified in the RFQ, Price variation with no formula and no ceiling.

iv) Price change/implication against TQ/CQ when there is no change in scope of work,

specification and terms & conditions of MR/RFQ.

v) Delivery / completion schedule.

vi) Guarantee/ Defects Liability Period

vii) Inadequate Bid Validity

viii) Performance bank Guarantee or any other bank guarantee mandatorily required against Milestone or supervision or Price Reduction Schedule (PRS)

25.0 SUO-MOTO CHANGES IN PRICES:

(i.) Any Suo-moto reduction in price offered by a supplier within the bid validity by way of discount or revised prices subsequent to the bid due date and which is not as a result of any change in scope of supply or terms and conditions, shall not be taken into account for evaluation. However, such reduction in price shall be taken into account for ordering if such supplier happens to be the recommended supplier as per the originally quoted prices.

(ii.) However, in the event of any suo-moto price increase sought by a supplier subsequent to the bid due date and which is not as a result of any change in scope of supply or terms and conditions, the bid of such a supplier shall be rejected for the items in which such suo-moto increase is made.

(iii.) Any wrong interpretation of taxes & duties or any taxes & duties not specified in the offer shall be borne by Bidder.

26.0 PRICE IMPLICATION NOT PERMITTED:

Price implications on account of technical clarifications shall not be permitted as long as BPCL/EIL do not change the specifications/ scope spelt out in the RFQ.

27.0 INTEGRITY PACT: For all RFQs/ enquiries of value exceeding Rs.1 (One) Crore, the bidder shall comply with the requirements of the Integrity Pact (IP) and Integrity Pact of RFQ/Bidding document shall be accepted and Bidder must submit the same duly signed & stamped along with their bid. Failure to submit the Integrity Pact shall lead to outright rejection of Bid. Bidding shall be through E-tendering methodology as per Enclosed Annexure-I to RFQ.

SECTION-D: SPECIAL CONDITIONS.

28.0 DELIVERY SCHEDULE/ COMPLETION PERIOD:

i. All goods under the scope of the Supplier shall be delivered as per delivery schedule/ completion period specified in Request for Quotation (RFQ) and no variation shall be permitted.

ii. Failing to meet the delivery schedule/ completion period will be subject to price reduction and/or other remedies available to the purchaser in RFQ documents.

III. Price Reduction Schedule (PRS) shall be applicable as per Clause 9.0 of GPC (Indian) & clause no. 17 of GPC (Imported) and mentioned in RFQ Covering letter.

IV. The delivery schedule/ completion period shall be reckoned from the date of Letter of Acceptance.

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V. For Indian Bidder date of LR/GR shall be considered as date of delivery or date of receipt of material at site shall be the date of delivery as specified in RFQ/LOA/PO. For Foreign Bidder date of clean bill of Lading shall be considered as date of Delivery.

VI. in case of foreign bidder, quoted FOB Port of Exit prices shall be inclusive of all charges, all taxes & duties, applicable upto FOB port of exit.

29.0 DESPATCH INSTRUCTIONS FOR INDIGENOUS SUPPLIES:

i. Supplier shall obtain despatch clearance from the purchaser prior to despatch.

ii. Following despatch documents are required to be submitted by the Indigenous supplier immediately after shipment is made.

Commercial Invoice

Dispatch instructions/ clearance by Purchaser/Consultant.

Inspection Release Note by Third Party Inspection Agency/ Purchaser/ Consultant.

LR/ GR

Packing List

Test Certificates (NDT reports, MTC, etc. as per MR)

Certificate of Measurement and Weight

List of documents as specified in Vendor Data Requirement in Material Requisition & counter signed & stamped by EIL.

Proof of payment of GST to authorities (as applicable) 30.0 NEW / ADDITIONAL TAXES & DUTIES (Applicable for Indian Bidder):

i. No variation on account of taxes and duties, statutory or otherwise, shall be payable by BPCL to SUPPLIER except for GST.

ii. Any statutory increase in the GST OR any new/ additional taxes, duties or levies, imposed within the Contractual delivery Date shall be to BPCL’s account whereas if it is after contractual delivery it shall be to Supplier’s account. However, any corresponding decrease on account of above shall be passed on to BPCL

iii. Any variation in GST at the time of supplies for any reasons, other than statutory, including variations due to turnover, shall be borne by bidder.

iv. In case GST or any taxes or duties is not applicable at present but becomes applicable at the time of contractual delivery period due to any reasons other than statutory, the same shall be borne by bidder.

v. The statutory variations on Customs duty (rate) considered on CIF value of built-in-import content upto 2/3rd contractual delivery period shall be to Owner’s account. Any increase in price due to increase in the rate of Import Duties, due to any reasons, whatsoever, beyond the 2/3 rd contractual delivery period, shall be to Supplier's account. However, any decrease in Import Duties rate at the time of actual clearance of imported materials shall be passed on to Owner.

31.0 RECOVERY OF CUSTOM DUTY, GST:

In case of Indian Bidders, if the Statutory Variation entitles the employer to recover the amount (irrespective of contractual delivery) such amount will be recovered from any bill of the Supplier immediately on enforcement of such variation under intimation to the Supplier.

32.0 GOVERNING LAW: Laws of India will govern the Agreement. All matters relating to this contract are subject to the exclusive jurisdiction of the Courts situated in Kochi, Ambalamugal (District), Kerala (India).

33.0 PURCHASER’S RIGHTS AND REMEDIES:

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Without prejudice to PURCHASER’s right and remedies under Agreement, if SUPPLIER fails to commence delivery as per agreed schedule and/or in reasonable opinion of the PURCHASER, SUPPLIER is not in a position to makeup the delay to meet the intended purpose, the PURCHASER may terminate the AGREEMENT in full or part at SUPPLIER’s default and may get supplies from other sources at SUPPLIER’s risk and cost.

34.0 DEDUCTION AT SOURCE:

i. Purchaser will release the payment to the Supplier after effecting deductions as per applicable law in force. Purchaser will release the payment to the Supplier after effecting deductions as per applicable law in force. Purchaser will release payments to the Supplier after offsetting all dues to the Purchaser payable by the Supplier under the Contract.

35.0 STATUTORY APPROVAL RELATED WITH SUPPLIES / WORKS (AS APPLICABLE):

Approval from any authority (i.e. Inspector of Boiler, Electrical Inspector, and Municipal Corporation of Greater Kochi (MCGK) etc.) required as per statutory rules and regulations of Central/ State Government shall be the responsibility of Contractor agency.

The application on behalf of the OWNER for submission to relevant authorities along with copies of required certificate complete in all respects shall be prepared and submitted by the Contractor agency well ahead of time so that the actual construction/ commissioning of the work is not delayed for want of the approval/ inspection by concerned authorities. The Contractor agency shall arrange the inspection of the works by the authorities and necessary coordination and liaison work in this respect shall be the responsibility of the Contractor agency. Reimbursement by the OWNER of the statutory fees payable by Contractor agency (as per advance approval of OWNER) may be provided for, subject to submission of receipt.

The Contractor agency shall carry out any change/ addition required to meet the requirements of the statutory authorities, within the quoted rates. The inspection and acceptance of the work by statutory authorities shall be the responsibility of the Contractor agency.

List of all documents, drawings, forms, affidavits etc required for the approvals shall be submitted by the contractor agency.

36.0 LIEN:

Supplier shall ensure that the Scope of Supply supplied under the Agreement shall be free from any claims of title/liens from any third party. In the event of such claims by any party, Supplier shall at his own cost defend, indemnify and hold harmless Purchaser or its authorised representative from such disputes of title/liens, costs, consequences etc.

37.0 LIMITATION OF LIABILITY:

Notwithstanding anything contrary contained herein, the aggregate total liability of Seller under the Agreement or otherwise shall be limited to 100% of Agreement/ Order price. However, neither party shall be liable to the other party for any indirect and consequential damages, loss of profits or loss of production.

SECTION-E: GENERAL INSTRUCTIONS

38.0 GENERAL:

Bidders shall submit their Bids in following manner & containing the listed inputs, duly filled-in,

stamped & signed by authorized signatory of Bidder holding Power of Attorney, as a minimum

requirement:

a) PART-I:UNPRICED OFFER

A. All technical specifications as per requirement of MR. B. Agreed Terms & Conditions duly filled in. C. Terms & Conditions for Supervision of Erection/Testing/Commissioning, if

applicable

BPCL-KR Job: B034


D. Terms & Conditions for Site Work, if applicable E. Copy of Registration with EIL, if applicable F. Copy of MOU/ MOM, if any, signed with EIL and referred in offer. G. Integrity Pact, duly filled-in, stamped & signed on each page (if applicable). H. Complete Audited Financial Report of latest preceding financial year. I. Deviation sheet, if any. J. Price Schedule with prices blanked out but “Quoted/ Not quoted” to be

mentioned & its relevant enclosures, duly filled-in, stamped & signed on each page.

b) PART-II: PRICED OFFER

A. Price Schedule with prices filled in. Deviations to terms and conditions, presumptions, overwriting etc shall not be stipulated in Price part of bid.

Note:

Bidding currency shall be Indian Rupees for Indian bidders and USD/EURO/ Indian Rupees for foreign bidders.

39.0 FRAUDULENT PRACTICES:

The OWNER requires that Bidders/ Contractors observe the highest standard of ethics during the award/ execution of Contract. "Fraudulent Practice" means a misrepresentation of facts in order to influence the award of a Contract to the detriment of the Owner, and includes collusive practice among bidders (prior to or after bid submission) designed to establish bid prices at artificial non-competitive levels and to deprive the Owner of the benefits of free and open competition.

a) The OWNER will reject a proposal for award if it determines that the bidder recommended for award has engaged in fraudulent practices in competing for the Contract in question.

Bidder is required to furnish the complete and correct information/ documents required for evaluation of their bids. If the information/ documents forming basis of evaluation is found to be false/ forged, the same shall be considered adequate ground for rejection of bids and forfeiture of Earnest Money Deposit.

b) In case, the information/ document furnished by the Bidder/ Contractor forming basis of evaluation of his bid is found to be false/ forged after the award of the contract, Owner shall have full right to terminate the contract and get the remaining job executed at the risk & cost of such Bidder/ Contractor without any prejudice to other rights available to Owner under the contract such as forfeiture of CPBG/ Security Deposit, withholding of payment etc.

c) In case, this issue of submission of false documents comes to the notice after execution of work, Owner shall have full right to forfeit any amount due to the Bidder/ Contractor along with forfeiture of CPBG/ Security Deposit furnished by the bidder/ contractor.

d) Further, such bidder/ contractor shall be put on Blacklist/ Holiday/ Negative List of OWNER/EIL debarring them from future business with Owner & EIL for a time period, as per the prevailing policy of OWNER & EIL.

40.0 ONE BID PER BIDDER:

a. A Bidder shall submit only one bid in the same bidding process. A Bidder who submits or participates in more than one bid will cause all the proposals in which the bidder has participated to be disqualified.

b. Alternative price bids are not acceptable.

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41.0 LANGUAGE OF BID:

a) The Bid prepared by the bidder, all correspondence/drawings and documents relating to the bid exchanged by the bidder with the Owner/Consultant shall be in English Language alone provided that any document furnished by the bidder may be written in another language so long as accompanied by an English translation, in which case, for the purpose of interpretation of the bid, the English translation shall govern.

b) In the event of submission of any document/ certificate by the Bidder in a language other than English, the English translation of the same duly authenticated by Chamber of Commerce of Bidder’s country shall be submitted by the Bidder. Metric measurement system shall be applied.

42.0 EARNEST MONEY DEPOSIT:

Bidder shall furnish, as part of its Bid, EMD for an amount as indicated in the NIT/ IFB. If the Bidder is unable to submit EMD in original within the due date & time, then bidder shall submit the original EMD within 7 days from the date of unpriced bid opening, provided copy of the same have been uploaded on E-Tendering Website. In case the bidder fails to submit the same in original within 7 calendar days, then their bid shall be rejected, irrespective of their status/ ranking in tender and notwithstanding the fact that a copy of EMD was earlier uploaded by the bidder. OWNER shall not pay any interest on EMD furnished. The EMD shall be in favour of BPCL and shall be acceptable in the form of Crossed Demand Draft or Bank Guarantee in the prescribed pro-forma. The Bank Guarantees/DD for EMD shall be issued by any Scheduled Commercial Bank (other than co-operative Bank) in India or any Indian Branch of Foreign Bank and same shall be as per the format given in this bidding document. Swift Message or Cash or Cheque in lieu EMD shall not be acceptable. The bank guarantee for submission of EMD shall be valid as period mentioned in EMD / Bid Security format or elsewhere mentioned in Bid Document / RFQ.

EMD/ Bid securities of unsuccessful bidders will be returned upon award of Contract. However, EMD of the successful Bidder will be returned upon the Bidder's acceptance of PO/ signing the Contract and furnishing the PBG.

The EMD may be forfeited:

If a Bidder withdraws its bid during the period of Bid Validity or does any breach of tendering terms and conditions, or

If a bidder modifies his bid on his own.

In case of a successful Bidder, if the Bidder fails, within the specified period:

i. To submit the order acceptance.

ii. To furnish the PBG.

43.0 MODIFICATION AND WITHDRAWAL OF BIDS:

a) The Bidder may modify / withdraw its Bid prior to the due date prescribed for submission of Bids.

b) No bid shall be modified subsequent to the deadline for submission of bids.

c) No bid shall be allowed to be withdrawn in the interval between the deadline for submission of bids and the expiration of the period of bid validity specified by the bidder. Withdrawal of a bid during this interval shall result in the forfeiture of bidder’s bid security and/or putting bidder on Holiday/ negative list.

44.0 EXAMINATION OF BIDS AND DETERMINATION OF RESPONSIVENESS:

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a. The Owner/EIL will examine the bids to determine whether they are complete, whether any computational errors have been made, whether the documents have been properly signed, and whether the bids are generally in order.

c) Prior to the detailed evaluation, the Owner/EIL will determine whether each bid is of acceptable quality, is generally complete and is responsive to the RFQ Documents. For the purposes of this determination, a responsive bid is one that conforms to all the terms, conditions and specifications of the RFQ Documents without deviations, objections, conditionality or reservations.

c. Bidder shall not be allowed to submit any Price Implication or Revised Price after submission of Bid, unless there is change in the stipulations of the RFQ Document and such changes are incorporated through an Amendment. In case Exceptions and Deviations submitted by Bidder along with Bid are not considered as acceptable and no Amendment is issued, then in such a case the Bidders would be required to withdraw such Exceptions/Deviations in favour of stipulations of the RFQ document and Bidders would not be eligible for submission of Price Implication/Revised Price, failing which such Bid(s) shall be considered as non responsive and rejected.

d. The Owner/EIL determination of a bid’s responsiveness is to be based on the contents of the bid itself without recourse to extrinsic evidence. If a bid is not responsive, it will be rejected by the Owner/EIL, and may not subsequently be made responsive by the bidder by correction of the nonconformity.

45.0 OWNER’S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY BID:

The Owner/EIL reserves the right to accept or reject any bid, and to annul the bidding process and reject all bids at any time prior to award of the order without thereby incurring any liability to the affected bidder or bidders or any obligations to inform the affected bidder or bidders of the ground for Owner/EIL’s action.

46.0 NOTIFICATION OF AWARD:

a) Prior to the expiration of period of bid validity Owner /EIL will notify the successful bidder in writing by fax/e-mail to be confirmed in writing, that his bid has been accepted. The notification of award/ Letter of Acceptance will constitute the formation of the Order.

b) The Delivery Schedule shall commence from the date of notification of award/ Letter of Acceptance (LOA).

c) Award of Contract/Order will be by issuing Letter of Acceptance (LOA).

Bidder will be required to confirm receipt of the same by returning “Copy of the LOA” duly signed and stamped by the bidder as a token of acknowledgement to Owner and EIL. On receipt of acknowledgement without any deviation/ condition, detail Purchase Order/ Contract will be issued in quadruplicate. Three copies of the same without any condition/ deviation will be returned duly signed and stamped by the bidder as a token of acknowledgement to Owner and EIL.

47.0 WAIVER OR TRANSFER OF THE AGREEMENT: The successful bidder shall not waive the Agreement or transfer it to third parties, whether in part or in whole, nor waive any interest that is included in the Agreement without the prior written permission of the Owner.

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48.0 T&C FOR FOREIGN SUPPLIERS OPERATED THROUGH THEIR INDIAN OFFICE/

SUBSIDIARIES (applicable only to Instrumentation Items; enquiry issued on Limited Basis):

48.1 The parent company shall issue an authorization from the authorized signatory like CEO, CFO and Company Secretary to confirm their authorization to the subsidiary to manufacture & supply the equipments.

48.2 The parent company shall furnish a back-up guarantee duly signed by above signatory for the performance of the equipment.

48.3 The order shall be placed on Indian subsidiary and the payment shall be released to Indian subsidiary.

48.4 Indian subsidiary shall be a manufacturing company in the same product & not a liaison / representative office.

48.5 Bidder to submit bipartite agreement between parent & subsidiary to ensure experience & compliance to contract.

48.6 All critical components / parts to be supplied by parent company only which is enlisted with EIL.

49.0 TAX RESIDENCY CERTIFICATE (TRC) FORMAT FOR FOREIGN BIDDER:

Foreign Bidder shall submit Tax Residency Certificate (TRC) duly filled in detailed format

enclosed with RFQ Document.

50.0 REQUIREMENT OF EMPLOYMENT VISA FOR FOREIGN NATIONALS:

i) All Foreign nationals coming to India for execution of Projects/ Contracts will have to apply for Employment Visa only and that grant of Employment Visa would be subject to strict adherence of following norms: a. Employment Visa is granted only for the skilled and qualified professionals or to a

person who is being engaged or appointed by a Company, Organization, Industry

or Undertaking etc. in India on contract or employment basis at a senior level,

skilled position such as technical expert, senior executive or in managerial

position etc.

b. Request for Employment Visa for jobs for which large number of qualified Indians

are available, is not considered.

c. Under no circumstances an Employment Visa is granted for routine, ordinary

secretarial/ clerical jobs.

ii) Suppliers are advised in their own interest to check latest Visa rules from Indian

Embassy/ High Commission in their country in case foreign nationals are required to be deputed to India during execution of the Contract.

51.0 ORDER OF PRECEDENCE OF COMMERCIAL DOCUMENTS:

In case of an irreconcilable conflict between RFQ, Special Instructions to Bidders & General Purchase Conditions (GPC), the following shall prevail to the extent of such irreconcilable conflict in order of precedence: i) RFQ including Price Schedule ii) Special Instructions to Bidders iii) General Purchase Conditions (GPC)

SECTION-F: ADDITIONAL CLAUSES TO GPC

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52.0 THE FOLLOWING IS ADDITIONAL TO CLAUSE NO. 38.0 OF GPC (INDIGENOUS):

Settlement of dispute between CPSEs or CPSEs & Government Departments In the event of any dispute or difference relating to the interpretation and application of the provisions of the contracts, such dispute or difference shall be referred by either party for Arbitration to the sole Arbitrator in the Department of Public Enterprises to be nominated by the Secretary to the Government of India in-charge of the Department of Public Enterprises. The Arbitration and Conciliation Act, 1996 shall not be applicable to arbitration under this clause. The award of the Arbitrator shall be binding upon the parties to the dispute, provided, however, any party aggrieved by such award may make a further reference for setting aside or revision of the award to the Law Secretary, Department of Legal Affairs, Ministry of Law & Justice, Government of India. Upon such reference, the dispute shall be decided by the Law Secretary or the Special Secretary/Additional Secretary, when so authorized by the Law Secretary, whose decision shall bind the Parties finally and conclusively. The Parties to the dispute will share equally the cost of arbitration as intimated by the Arbitrator.

53.0 POWER OF ATTORNEY (APPLICABLE FOR NIT CASES ONLY):

Bidder to submit Power of Attorney (POA) in their own format in favour of Bid Signatory along with their offer. This is mandatory requirement.

54.0 MAKE IN INDIA PHILOSOPHY/ REQUIREMENT (IF PERMITTED IN MATERIAL REQUISITION):

In addition to other requirements of Bidding document, bidder shall confirm compliance and

submit the following along with Unpriced offer:

a) “Corporate Guarantee” from the Principal’s authorized signatory committing their continued support to the Bidder (as per format attached for this purpose).

b) Certificate of Incorporation of bidder. c) The bidder from his statutory auditor or statutory auditor/CEO/CFO/Company Secretary

of the qualifying company, shall submit the letter clearly stating the relationship (100% owned subsidiary and time period) between them or any other document (like MOA/AOA, wherein the relationship can be established) to substantiate the same.

Further bidder to note that commercial Terms and conditions specified in GPC stands modified to following extent: i. Guarantee/ Warranty period: Extended warranty of 12 months over & above

guarantee/warrantee period specified in the GPC/SIB/RFQ.

ii. Performance Bank Guarantee: CPBG for additional 5% (over and above 10% required as per GPC) shall be submitted.

BPCL-KR Job: B034


ANNEXURE-A MS BLOCK PROJECT OF

M/s BPCL KOCHI REFINERY,KOCHI, KERALA (INDIA) (Job No. B034)

TERMS & CONDITIONS FOR INDIAN SOURCED COMPONENTS / SERVICES BY FOREIGN BIDDER

Foreign bidder may source components / sub-supplies and services from India, if allowed as per Material Requisition. Such sub-supplies / services shall be subject to following Commercial Terms & Conditions:

1. PRICING:

1.1 The Foreign bidder shall quote firm price for items being sourced from India in Indian rupees on FOT Despatch point basis inclusive of packing & forwarding charges but excluding transportation charges upto site and GST.

1.2 Materials if ordered against this Bidding Document are required to be dispatched on door delivery basis through a reliable bank approved Road Transport Company unless the transport company is named by the Owner.

2. AWARD OF ORDER: Owner shall place single order for Main Supplies/ Services including Indian source supplies/ Services. However, on request of the bidder OR to avail input tax credit on supplies of Goods/Services from India, Owner may split the order for Indian source supplies/ Services

3. DELIVERY: The delivery period for items being sourced from India, shall be on FOT site basis within the delivery period specified for foreign bidder as per Terms of Bidding document.

4. PRICE REDUCTION SCHEDULE FOR DELAY IN DELIVERY / SERVICES: 4.1 PRS for delay in deliver / services shall be applicable on total order value including Indian

sourced component / Service. 4.2 Principal Foreign Bidder will be responsible for all obligation & liability of PRS applicable on

Indian Sourced goods / services.

5. OVERALL RESPONSIBILTY: Overall responsibility towards the contractual obligations like delivery, bid security, order execution, performance guarantee etc. including supplies being sourced from India shall be only with the foreign (principal) bidder.

6. BANK GUARANTEE 6.1 Foreign (principal) bidder shall submit one performance bank guarantee as per GPC for total

order value including value of items source from India. 6.2 Principal Foreign Bidder will take care of BG / penalty supervision services for complete package

including Indigenous supervision services if applicable.

7. INSPECTION

i. Inspection of Item being sourced from India shall be by EIL/Owner or BPCL’s authorized

Agency.

ii. Any change in sourcing from indigenous supplies to imported supplies and vice-versa after

bid submission is not permitted.

iii. Considering EIL Inspection charges, during evaluation prices of Indigenous source item shall

be loaded by @1.25% of FOT Despatch Point Price.

8. PAYMENT TERMS:

8.1 Indian Sourced supplies:

100% payment along with taxes and duties will be paid against receipt & acceptance of Indian sourced goods/material at project site and on presentation of invoice suitable for availing Input credit.

8.2 Payment of Indian source supplies/Services shall be released directly to Indian counterpart against Invoices raised by Indian counterpart duly endorsed by Foreign principal for payment.

8.3 The payments shall be made after Adjustment of Price Reduction Schedule.

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9. GUARANTEE/ WARRANTY

Principal Foreign Bidder will be responsible for all obligation & liability of Guarantee / Warranty of Indian Source Items / services.

10. In case of any deviation to above requirement, loading shall be applicable as mentioned for Indian Bidder.

FOREIGN BIDDER’S SIGNATURE & DATE: __________________________ SEAL/STAMP INDIAN COUNTERPART SIGNATURE & DATE: __________________________ SEAL/STAMP

Annexure- Purchase Preference (linked with Local Content)

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“MoPNG has notified the purchase preference (linked with local content) for the procurement

of goods and services under Oil & Gas Projects in India. Under this Policy, the bidders are

allowed to avail the purchase preference linked with attaining the stipulated Local content.

Project owner reserves the right to allow Manufacturers or Suppliers or Service providers,

purchase preference as admissible under the prevailing policy, subject to their complying with

the requirements/ conditions defined herein and submitting documents required to support

the same.

In order to avail the Purchase preference under this policy, bidder shall achieve

minimum Local Content (LC) of 20%. The Policy shall be implemented in the following

manner:

a) In case the lowest (L1) bidder meets the stipulated LC criteria, the order shall be

awarded to such bidder.

b) In case none of the bidders meets the stipulated LC criteria, the order shall be

awarded to the Lowest bidder.

c) In case the lowest bidder does not meet the stipulated LC criteria, the bidders shall be

ranked in the ascending order of evaluated prices and next bidder meeting minimum

stipulated LC and with his evaluated price within a price band of (+) 10% of lowest

bidder’s evaluated price, shall be given opportunity to supply 50% of the requirement

by matching the lowest bidder’s evaluated price. However, if 50% quantity works out

to a fraction of quantity, the bidder shall be considered for next higher quantity. In

case the quantity cannot be split, the order shall be placed with the entire quantity.

d) In case there are more than one bidder within the price band of (+) 10% of lowest

bidder’s evaluated price, they shall be ranked in ascending order of their evaluated

prices. The opportunity of matching the price shall be accorded starting from the

lowest bidder out of these bidders and in case of his refusal, to the next bidder, and

so on.

e) In case none of the bidders who meet the stipulated LC criteria agree to match the

lowest price, the natural lowest bidder will be awarded the job.

f) The option in case of MSE bidders qualifying under both Policies, namely, Purchase

Preference under the Public Procurement Policy - 2012 (PPP-2012) for MSE bidders

and Purchase Preference Linked with Local Content (PP-LC 2017) shall be exercised

as under:

i. The MSE bidder can avail only one out of the two applicable purchase preference

policies, i.e., PP-LC 2017 or PPP-2012 and therefore, bidder will be required to

furnish the option under which he desires to avail purchase preference. This

option must be declared within the offer and in case bidder fails to do so although

he is eligible for both the Policies, EIL shall evaluate his offer considering PPP-

2012 as the default chosen option.

In case a MSE bidder opts for preference under PPP-2012, he shall not be

eligible to claim benefit under PP-LC 2017 (irrespective of the fact whether he

furnishes the details of LC in his offer and this LC meets the stipulated LC

criteria).

ii. In case a MSE bidder opts for purchase preference based on PP-LC 2017, he

shall not be entitled to claim benefit of purchase preference benefit as applicable

for MSE bidders under PPP-2012. However, the exemptions from furnishing


Page 2 of 4

Bidding Document fee and Bid security shall continue to be available to such a

bidder.

g) In view of the above, the bidder’s quoted prices against various items of enquiry shall

remain valid even in case of splitting of quantities of the items, except in case of items

where the quantity cannot be split since these are to be awarded in a Lot or as a

package or Group.

h) While evaluating the bids, for price matching opportunities and distribution of

quantities among bidders, the order of precedence shall be as under:

MSE bidder (PPP-2012)

PP-LC complied bidder (PP-LC)

Examples of Purchase Preference:

Non divisible item L1 bidder is non MSE, non PP-LC bidder L2 bidder is PP-LC (within 10%) L3 bidder is MSE bidder (within 15%) MSE bidder shall be given preference to match the L1 price. If L3 bidder matches the L1 price, order shall be placed on him, otherwise, option for matching the L1 price shall be given to L2 bidder (PP-LC).

Divisible item L1 bidder is non MSE, non PP-LC bidder L2 bidder is PP-LC (within 10%) L3 bidder is MSE bidder (within 15%) MSE bidder shall be given preference to match the L1 price. If bidder matches the L1 price, order shall be placed on him for the quantity specified in the bidding document. For the balance quantity (i.e. 50% of tendered quantity/value) option for matching the L1 price shall be given to L2 bidder (PP-LC). Balance quantity shall be awarded to natural lowest bidder. For further clarification, in case an item has quantity 4 nos. then 1 no. can be given to MSE bidder, 2 to PP-LC bidder and left out 01 no. to natural L1 bidder. Note: The above two examples are not applicable to the Works Contracts since the Purchase Preference under PPP-2012 is not applicable to works contracts.

i) In case lowest bidder is a MSE bidder, the entire work shall be awarded to him

without resorting to purchase preference to bidders complying with Local Content.

j) In case lowest bidder is a PP-LC bidder, purchase preference shall be resorted to

MSE bidder as per provisions specified in the enquiry document w.r.t. PPP-2012 only.

k) Certification of Local Content:

Manufacturers of goods and/or providers of service, seeking Purchase Preference under the

policy, shall be obliged to certify the LC of goods, service or EPC contracts as under:

At bidding stage:

Bidder shall furnish the percentage of the local content, taking into account the factors and

criteria listed out in the policy. These details shall be required only at aggregate level like

supply value, transport value and other heads given in the price schedule.


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The bidder claiming the PP-LC benefit shall be required to furnish an undertaking on

bidder’s letterhead confirming his meeting the Local Content and this undertaking

shall be certified as under:

Where the total quoted value is less than INR 5 Crore:

The LC content shall be self assessed and certified by the authorized signatory of the

bidder, signing the bid.

Where the total quoted value is INR 5 Crore or above:

i. The Proprietor and an independent Chartered Accountant, not being an

employee of the firm, in case of a proprietorship firm.

ii. Any one of the partners and an independent Chartered Accountant, not being

an employee of the firm, in case of a partnership firm.

iii. Statutory auditors in case of a company. However, where statutory auditors

are not mandatory as per laws of the country where bidder is registered, an

independent chartered accountant, not being an Employee of the bidder’s

organization.

Note: 1. Sample formats for calculation of LC are enclosed as Annexures II & III. 2. LC of goods shall be computed on the basis of the cost of domestic components in

goods, compared to the whole cost of product. The whole cost of product shall be constituted of the cost spent for the production of goods, covering: direct component (material) cost; direct manpower cost, factory overhead cost and shall exclude profit, company overhead cost and taxes for the delivery of goods.

3. However, LC of service shall be calculated on the basis of the ratio of service cost of domestic component in service to the total cost of service. The total cost of service shall be constituted of the cost spent for rendering of service, covering: a) cost of component (material) which is used; b) manpower and consultant cost; cost of working equipment/facility; c) general service cost, excluding profit, company overhead cost, taxes and duties.

The onus of submission of appropriately certified documents lies with the bidder and the purchaser shall not have any liability to verify the contents and will not be responsible for the same. However, in case the procuring company has any reason to doubt the authenticity of the Local Content, it reserves the right to obtain the complete back up calculations before award of work failing which the bid shall be rejected. After award of contract:

Where the estimated value is less than INR 5 Crore:

The LC certificate shall be submitted along with each invoice duly self-certified by the

authorized signatory of the bidder.

Estimated value is INR 5 Crore or above:

Supplier shall provide the necessary local-content documentation to the statutory

auditor, who shall review and determine that local content requirements have been

met, and issue a local content certificate to that effect on behalf of procuring

company, stating the percentage of local content in the goods or service measured.

However, procuring company shall also have the authority to audit as well as

witness production processes to certify the achievement of the requisite local

content and/or to obtain the complete back up calculation before award of work

failing which the bid shall be rejected and appropriate action may be initiated

against the bidder.


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Failure of bidder in complying with the local content post award:

In case a bidder, who has specified in his bid that the bid meets the minimum Local Content

specified in the enquiry document, fails to achieve the same, the following actions shall be

taken by the procuring company:

a. Pre-determined penalty @ 10% of total contract value.

b. Banning business with the supplier/contractor for a period of one year.

To ensure the recovery of above pre-determined penalty, payment against dispatch/shipping

document shall be modified to the extent that the 10% payment out of this milestone payment

shall be released after completion of this milestone as well as submission of certification

towards achievement of Local Content, as per provision of enquiry document. Alternatively,

this payment can be released against submission of additional bank guarantee valid till

completion schedule, plus 3 months or as required by purchasing company.

Purchase Preference in case where Negotiation is also required:

In case purchase preference is applicable, but negotiation is to be conducted with L1 bidder,

negotiation shall be carried out. MSE and/or LC-complied bidder shall be offered to match the

negotiated prices (even if, post negotiation, they are higher by more than 10% as compared

to L1 bidder provided they were within 10% of L1 bidder as per original quoted prices) and

left out quantity, if any, as per provisions of enquiry document shall be awarded to that

bidder.

Administrator

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Administrator

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Note: In case currency quoted by bidder for Import content is other than USD/INR, RBI exchange rate as on date of issuance of RFQ/ Bidding document shall be considered for calculation of Local content. Conversion rate is ______= _____(As on __________(enquiry issuance date) as per RBI exchange rate obtained from https://www.rbi.org.in/)

Administrator

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Note: In case currency quoted by bidder for Import content is other than USD/INR, RBI exchange rate as on date of issuance of RFQ/ Bidding document shall be considered for calculation of Local content. Conversion rate is ______=_____(As on __________(enquiry issuance date) as per RBI exchange rate obtained from https://www.rbi.org.in/)

Administrator

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