tender document - bharat petroleum doc.pdf9. foreign vendors can submit the offer themselves or...

Domain : bpcleproc.in

Parent department: BPCL

Department : CPO (M) -ProcurementGroup 2

Department officer : Sunetra S. Jadhav

System ID : 10205 Tender Reference No. : 1000249498

Tender Title : Procurement ofDual Reactor HighPressure FixedBed System withIntermediateSeparation Steprequired atCorporate R&DCentre,GREATERNOIDA.

Tender Date : 16/02/2016

Tender Description : Dear Sir/Madam,

Sub: Invitation of Bid for supply of Dual Reactor High Pressure Fixed BedSystem with Intermediate Separation Step- Qty one no - for CRDC, GREATERNOIDA, (CRFQ no.1000249498 due on 08.03.2016 at 3.00 pm

1. BPCL intends to procure Dual Reactor High Pressure Fixed Bed System withintermediate Separation Step- Qty one no. for our Corporate R&D Centre atGREATER NOIDA and are pleased to invite your bids in two parts viz.Technical & Commercial Bid (Part A) and Price Bid (Part B)

2. This is an e-tender and you are required to submit your Price bid online. Donot send your bid in physical form as the same will not be accepted.

3. Vendor must go through 'Instructions to Vendors for Bid Submission' beforeproceeding with submitting their Bid. These can be downloaded from ‘BiddingForms’

4. The e-Tender document consists of the following ‘Bidding forms’:

a) Instructions to Bidders for participation in E-procurementb) Instructions to Vendors for bid submissionc) General Purchase Conditionsd) Special Conditions and Salient pointse) Techno-Commercial terms & conditions - Import Purchasef) Techno-Commercial terms & conditions - Local / Indigenous Purchaseg) Authorization letter Uploadingh) Technical Deviation Data Sheeti) Technical Document Uploadingj) Declaration Formk) Integrity Pact Uploading (if applicable)l) Holiday listing / Black listingm) Technical Specificationsn) Specifications Compliance sheet

5. Vendors have to quote for all the required items otherwise their bids will not

Tender Document

Tender reference No : 1000249498 System ID : 10205

Tender title : Procurement of Dual Reactor High Pressure Fixed Bed System with Intermediate Separation Step required atCorporate R&D Centre, GREATER NOIDA.

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be considered.

6. Vendor’s offer must clearly state the main equipment / software details,standard accessories, standard spares, optional accessories and spares, if any.

7. Vendors must go through all the tender documents and submit offer in acomplete manner.

8. Vendors shall also have to essentially sign an Integrity Pact (IP) forparticipating in this tender, the proforma for which is attached. This clause isapplicable for estimated procurement value Rs. 1.0 Crore and above.

9. Foreign vendors can submit the offer themselves or through their authorizedlocal representative, who will have to necessarily upload their valid letter ofauthorization along with the offer.

10. If offer is received from both, Foreign / Principal and the authorizedrepresentative, then only offer by the Foreign / Principal vendor will be taken asvalid offer.

11. Please note that while quoting in foreign currency, your quotes should beeither in USD or EURO

12. Your bid should be submitted online on or before the due date.

13. Bids submitted after the due date and time as mentioned above, or not in theprescribed format is liable to be rejected. BPCL does not take any responsibilityfor any delay in submission of online bids due to connectivity problem or non-availability of site. No claims on this account shall be entertained.

14. BPCL reserves the right to extend the due date of this tender.

15. Based on the information and documents submitted, the vendors who arefound to be technically and commercially eligible shall only qualify for openingof the price bid i.e. Price bid of only those vendors shall be opened whosetechno-commercial bid is found to be acceptable.

16. Vendors not interested to bid shall submit regret letter stating reasons,within due date/time. For clarifications, if any, please feel free to contact onbelow numbers/IDs or the undersigned on any working day between 10:00 amto 5:00 pm

a) M/s. E-Procurement Technologies Ltd at contact no. Tel: +91 79 40016868followed with an e-mail to id [email protected].

b) Procurement Manager of M/s. BPCL at contact no.022 24176410 with an e-mail to id ‘[email protected]’

For tenders where Integrity Pact (IP) is applicable please note that :

The Independent External Monitor (IEM) should be contacted on their mobile/email, only if there are any complaints related to the tender. For seekingclarifications /details related to tender, the concerned BPCL official whosename and contact number is given in the tender document should be contacted.Details of contact persons and the events in which they can be contacted arementioned below-

a) To be contacted for Complaints only :

Name Address and Contact Number of Independent External Monitor:Shri Brahm DuttA-1/8, Safdarjung Enclave,New Delhi - 110 029.



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[email protected]. 09871920282

b) To be contacted for all other clarifications / details regarding this tender:

Name Address and Contact Number of the procuring officer :Ms. Sunetra MoreAsst. Manager Procurement (CPO)Central Procurement Organization (Marketing)Bharat Petroleum Corporation LimitedSewree Fort Road, Sewree (E)Mumbai 400 015Tel no. 022 24176410Mobile no. 9833454799

Thanking You,

Yours Sincerely, For Bharat Petroleum Corporation Ltd.

Maneesh PatneyProcurement Leader - Group 2,CPO- Marketing

Envelope Bidding Type : In 2 Part bidding Envelope Bidding Option : Technical bid +Price bid

Bid validity period (in days) : 180 Type of contract : Goods

Project duration / delivery orcompletion period (in days)

: - Form of Contract : Supply

Bid submission configuration

Bidding access : Limited

Base currency : INR Bidding type : National

Key configuration

Bidding variant : Buy Pre-bid meeting : No

Dates configuration

Document downloading startdate

: 16/02/201617:00:00

Document downloading enddate

: 22/03/201614:00:00

Bid submission start date : 16/02/201617:05:00

Bid submission end date : 22/03/201615:00:00

Bid opening date : 22/03/201615:01:00

Document / EMD / Security fee detail

Tender fees : Not Applicable EMD : Not Applicable



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Bidding forms

Technicalbid

Instructions to vendors for e-tendering

Instructions to vendors for e-tendering Bidder'sResponse

New Page 1

General Instructions to vendors for e-tendering

1. Interested parties may download the tender from BPCLwebsite (http://www.bharatpetroleum.in) or the CPP portal(http://eprocure.gov.in) or from the e-tendering website(https://bpcleproc.in) and participate in the tender as per theinstructions given therein, on or before the due date of thetender. The tender available on the BPCL website and theCPP portal can be downloaded for reading purpose only.For participation in the tender, please fill up the tenderonline on the e-tender system available onhttps://bpcleproc.in.

2.For registration on the e-tender site https://bpcleproc.in, youcan be guided by the “Instructions to Vendors” availableunder the download section of the homepage of thewebsite. As the first step, bidder shall have to click the“Register” link and fill in the requisite information in the“Bidder Registration Form”. Kindly remember your e-mailid (which will also act as the login ID) and the passwordentered therein. Once you complete this process correctly,you shall get a system generated mail. Login in to the portalusing your credentials. When you log in for the first time,system will ask you to add your Digital Signature. Once youhave added the Digital Signature, please inform us by mailto the vendor administrator [email protected] witha copy to [email protected] for approval. Onceapproved, bidders can login in to the system as and whenrequired.

3.As a pre-requisite for participation in the tender, vendors arerequired to obtain a valid Digital Certificate of Class IIB andabove (having both signing and encryption certificates) as

Instructions to Bidders (ITB) for e-tendering



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http://www.bharatpetroleum.inhttp://eprocure.gov.inhttps://bpcleproc.inhttps://bpcleproc.inhttps://bpcleproc.inmailto:[email protected]:[email protected]

per Indian IT Act from the licensed Certifying Authoritiesoperating under the Root Certifying Authority of India(RCIA), Controller of Certifying Authorities (CCA). The costof obtaining the digital certificate shall be borne by thevendor.

In case any vendor so desires, he may contact our e-procurement service provider M/s. E-ProcurementTechnologies Ltd., Ahmedabad (Contact no. Tel: +91 794001 6868 for obtaining the digital signature certificate.

4. Corrigendum/amendment, if any, shall be notified on thesite https://bpcleproc.in. In case anycorrigendum/amendment is issued after the submission ofthe bid, then such vendors who have submitted their bids,shall be intimated about the corrigendum/amendment by asystem-generated email. It shall be assumed that theinformation contained therein has been taken into accountby the vendor. They have the choice of making changes intheir bid before the due date and time.

5.Price bid of only those vendors shall be opened whoseTechno-Commercial bid is found to be acceptable to us.The schedule for opening the price bid shall be advisedseparately.

6. Directions for submitting online offers, electronically, againste-procurement tendersdirectly through internet:

(i)Vendors are advised to log on to the website (https://bpcleproc.in) andarrange to register themselves at the earliest, if not done earlier.

(ii)The system time (IST) that will be displayed on e-Procurement webpage shall be the time considered for determining the expiry of duedate and time of the tender and no other time shall be taken intocognizance.

(iii)Vendors are advised in their own interest to ensure that their bids aresubmitted in e-Procurement system well before the closing dateand time of bid. If the vendor intends to change/revise the bidalready submitted, they shall have to withdraw their bid alreadysubmitted, change / revise the bid and submit once again. In casevendor is not able to complete the submission of thechanged/revised bid within due date & time, the system wouldconsider it as no bid has been received from the vendor againstthe tender and consequently the vendor will be out ofcontention. The process of change / revise may do so any number



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https://bpcleproc.inhttps://bpcleproc.in

of times till the due date and time of submission deadline. However,no bid can be modified after the deadline for submission of bids.

(iv)Once the entire process of submission of online bid is complete, theywill get an auto mail from the system stating you have successfullysubmitted your bid in the following tender with tender details.

(v)Bids / Offers shall not be permitted in e-procurement system after thedue date / time of tender. Hence, no bid can be submitted after thedue date and time of submission has elapsed.

(vi)No manual bids/offers along with electronic bids/offers shall bepermitted.

7.For tenders whose estimated procurement value is morethan Rs. 10 lakhs, vendors can see the rates quoted by allthe participating bidders once the price bids are opened.For this purpose, vendors shall have to log in to the portalunder their user ID and password, click on the “dashboard” link against that tender and choose the “Results”tab.\

8.No responsibility will be taken by BPCL and/or the e-procurement service provider for any delay due toconnectivity and availability of website. They shall not haveany liability to vendors for any interruption or delay inaccess to the site irrespective of the cause. It is advisablethat vendors who are not well conversant with e-tenderingprocedures, start filling up the tenders much before the duedate /time so that there is sufficient time available withhim/her to acquaint with all the steps and seek help if theyso require. Even for those who are conversant with this typeof e-tendering, it is suggested to complete all the activitiesahead of time. It should be noted that the individual bidbecomes viewable only after the opening of the bid on/afterthe due date and time. Please be reassured that your bidwill be viewable only to you andnobody else till the due date/time of the tender opening. The non availability of viewingbefore due date and time is true for e-tendering serviceprovider as well as BPCL officials.

9.BPCL and/or the e-procurement service provider shall not beresponsible for any direct or indirect loss or damages and orconsequential damages, arising out of the bidding processincluding but not limited to systems problems, inability touse the system, loss of electronic information etc



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In case of any clarification pertaining to e-procurement process,the vendor may contact the following agencies / personnel:

1.For system related issues :

a.M/s. E-Procurement Technologies Ltd at contactno. Tel: +91 79 40016868 followed with an e-mailto id [email protected].

Technicalbid

Instructions to Vendors for Bid Submission

SR.NO. Item Description Confirmation

1 I/We have read and understood the mentioned Instructions in theattached document for Bidding.

.

Instructions to Vendors for Bid Submission

This form is only for your guidance, please save it while bidding. No input is required from yourend.

Technicalbid

GENERAL PURCHASE CONDITIONS


S.No. GENERAL PURCHASE CONDITIONS

We accept andconfirm theGENERALPURCHASECONDITIONS

1 General Purchase Conditions

The following conditions shall be applicable for all procurementunless specifically mentioned in the Special Purchase Conditions.

1. DEFINITIONS2. REFERENCE FOR DOCUMENTATION3. RIGHT OF OWNER TO ACCEPT OR REJECT TENDER4. LANGUAGE OF BID5. PRICE6. TAXES AND DUTIES




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mailto:[email protected]

7. INSPECTION8. SHIPPING9. INDIAN AGENT COMMISSION10. ORDER AWARD / EVALUATION CRITERIA11. CONFIRMATION OF ORDER12. PAYMENT TERMS13. GUARANTEE/WARRANTY14. PERFORMANCE BANK GUARANTEE15. PACKING & MARKING16. DELIVERY17. UNLOADING AND STACKING18. TRANSIT INSURANCE19. VALIDITY OF OFFER20. DELIVERY DATES AND PRICE REDUCTION SCHEDULE21. RISK PURCHASE CLAUSE22. FORCE MAJEURE CLAUSE23. ARBITRATION CLAUSE24. INTEGRITY PACT (IP)25. RECOVERY OF SUMS DUE26. CONFIDENTIALITY OF TECHNICAL INFORMATION27. PATENTS & ROYALTIES28. LIABILITY CLAUSE29. COMPLIANCE OF REGULATIONS30. REJECTION, REMOVAL OF REJECTED GOODS ANDREPLACEMENT31. NON-WAIVER32. NEW & UNUSED MATERIAL33. PURCHASE PREFERENCE CLAUSE34. CANCELLATION35. ANTI –COMPETITIVE AGREEMENTS/ABUSE OFDOMINANT POSITION36. ASSIGNMENT37. GOVERNING LAW38. AMENDMENT39. SPECIAL PURCHASE CONDITIONS40 NOTICES41. POLICY ON HOLIDAY LISTINGGeneral Purchase Conditions

1. DEFINITIONS :

The following expressions used in these terms and conditions and inthe purchase order shall have the meaning indicated against each ofthese:

1.1. OWNER: Owner means Bharat Petroleum Corporation Limited(a Government of India enterprise), a Company incorporated in Indiahaving its registered office at Bharat Bhavan, 4 & 6 CurrimbhoyRoad, Ballard Estate, Mumbai 400038 and shall include its successorsand assigns (hereafter called BPCL as a short form).

1.2. VENDOR: Vendor means the person, firm or the Company /Corporation to whom this Request for quotation (RFQ)/purchaseorder is issued and shall include its successors and assigns.

1.3. INSPECTOR: Person/agency deputed by BPCL for carrying outinspection, checking/testing of items ordered and for certifying theitems conforming to the purchase order specifications..

1.4. GOODS / MATERIALS: means any of the articles, materials,machinery, equipments, supplies, drawing, data and other propertyand all services including but not limited to design, delivery,installation, inspection, testing and commissioning specified orrequired to complete the order.

1.5. SITE / LOCATION: means any Site where BHARAT



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PETROLEUM CORPORATION LTD. desires to receive materialsany where in India as mentioned in RFQ.

1.6. “RATE CONTRACT” means the agreement for supply ofgoods/ materials between Owner and Vendor, for a fixed period oftime (i.e till validity of Rate Contract, with no commitment ofcontractual quantity) on mutually agreed terms and conditions. Theactual supply of goods/ materials shall take place only on issue ofseparate purchase orders for required quantity as and when requiredby Owner.

1.7. “FIRM PROCUREMENT” means the agreement between theparties for mutually agreed terms and conditions with commitment ofQuantity Ordered.

2. REFERENCE FOR DOCUMENTATION :

2.1. The number and date of Collective Request for Quotation(CRFQ) must appear on all correspondence before finalization of RateContract / Purchase Order.

2.2. After finalization of Contract / Purchase Order: The number anddate of Rate Contract / Purchase Order must appear on allcorrespondence, drawings, invoices, dispatch advices, (includingshipping documents if applicable) packing list and on any documentsor papers connected with this order.

2.3. In the case of imports, the relevant particulars of the importLicence shall be duly indicated in the invoice and shipping documentsas well as on the packages or consignments.

3. RIGHT OF OWNER TO ACCEPT OR REJECT TENDER :

The right to accept the tender will rest with the Owner.

4. LANGUAGE:

The Bid and all supporting documentation and all correspondencewhatsoever exchanged by Vendor and Owner, shall be in Englishlanguage only.

5. Price :

Unless otherwise agreed to the terms of the RFQ, price shall be :

Firm and no escalation will be entertained on any ground, except onthe ground of statutory levies applicable on the tendered items.

6. TAXES AND DUTIES :

All vendors shall have VAT / CST/GST/Service tax registration in theconcerned State and vendor shall quote their TIN number in thequotation.

6.1. EXCISE DUTY :

6.1.1. Excise duty extra as applicable at the time of delivery withinscheduled delivery period will be payable by BPCL againstdocumentary evidence. Vendor shall mention in their offer, thepercentage of excise duty applicable at present. Any upward variationin excise duty rates, beyond the contractual delivery period, shall beto vendor’s account.



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6.1.2. In case Excise Duty is not applicable at present : Excise dutydue to change in turn over is not payable. If applicable in future, thesame will be borne by vendor.

6.1.3. Owner shall take CENVAT Credit on the material supplied forboth excise duty and cess component and accordingly Excise duty /Cess should be quoted separately wherever applicable.

Vendor shall ask the transporter of the goods to hand over the copy ofexcise invoice (transporter’s copy) at the time of delivery of goods atowner’s site.

6.2. SALES TAX / VAT/GST :

6.2.1. Sales Tax as applicable at the time of delivery within scheduleddelivery period will be payable by BPCL. Vendor shall give details oflocal sales tax and/oror central sales tax currently applicable in theiroffer. The rates applicable for “CST without form C”, “CST withform C" and “VAT” shall be clearly indicated.

6.2.2. Input VAT Credit may be claimed by BPCL, whereverapplicable. Vendor shall submit the TAXinvoice.

6.3 Service tax :

All vendors shall have service tax registration wherever applicable.BPCL may also claim CENVAT Credit on service tax. The vendorshould quote service tax separately, if applicable. Vendor shall submitthe TAX invoice. Vendor is required to furnish serially numbered andsigned invoice / bill / challan containing the following details:

a) Name, address and registration number of the service providerb) Name and address of person receiving taxable servicec) Description, classification and value of taxable service providedd) Service Tax Payable6.4 FREIGHT AND OCTROI :

6.4.1 Freight: Firm freight charges to be quoted as indicated in theTender documents. Freight shall be payable after receipt of theMaterial(s) at the site, unless otherwise specified.

6.4.2. Octroi and entry taxes, if any, shall be invoiced separately andshall be re-imbursed by BPCL at actuals after receipt of theMaterial(s) at the Site against the submission of original documentaryevidence for proof of payment of the related octroi and entry taxes, asthe case may be.

6.5. NEW STATUTORY LEVIES :

All new statutory levies leviable on sale of finished goods to owner ,if applicable are payable extra by BPCL against documentary proof,within the contractual delivery period.

6.6 Variation in Taxes/Duties

Any increase/decrease in all the above mentioned statutory levies onthe date of delivery during the scheduled delivery period on finishedmaterials will be on BPCL's account. Any upward variation instatutory levies after contractual delivery date shall be to vendor’saccount.

6.7 Income Tax (Withholding tax)

In the case of availment of services from Non Resident Vendors who



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are claiming benefits offered under the Double Taxation AvoidanceAgreements signed by India with the Government of the other country(i.e the country of the Vendor), such Non Resident Vendors arerequired to provide the Tax Residency Certificates at the time ofsubmission of Bid documents. The Tax Residency Certificates shallcontain the following details :

a) Name of Vendor (assessee) ;b) Status (Individual, Company, firm etc.) of assessee;c ) Nationality (in case of individual);d) Country or specified territory of incorporation or registration (incase of others);e) Assessee’s tax identification number in the country or specifiedterritory of residence or in case no such number, then, a uniquenumber on the basis of which the person is identified by theGovernment of the country or the specified territory;f) Residential status for the purpose of tax;g) Period for which the certificate is applicable; andh) Address of the applicant for the period for which the certificate isapplicable.

The Tax Residency Certificate shall be duly verified by theGovernment of the Country or the specified territory of the assesseeof which the assessee claims to be a resident for the purposes of tax.

7. INSPECTION :

7.1. Materials shall be inspected by BPCL approved third partyinspection agency if applicable before dispatch of materials.However, arranging and providing inspection facilities is entirelyvendor’s responsibility and in no way shall affect the deliveryschedule.

7.2. Scope of Inspection shall be as per RFQ. Our registered thirdparty inspection agencies areSGS/GLISPL/IRS/DNV/LRIS/EIL/TATAProjects/PDIL/ULIPL/RITES LTD/ITSIPL as amended time to timeunless otherwise specified in the Special Purchase Conditions.

7.3. Unless otherwise specified, the inspection shall be carried out asper the relevant standards/scope of inspection provided alongwith theTender Enquiry/Purchase Order.

7.4. BPCL may, at its own expense, have its representative(s) witnessany test or inspection. In order to enable BPCL’s representative(s) towitness the tests/inspections. BPCL will advise the Vendor in advancewhether it intends to have its representative(s) be present at any of theinspections.

7.5. Even if the inspection and tests are fully carried out, the Vendorshall not be absolved from its responsibilities to ensure that theMaterial(s), raw materials, components and other inputs are suppliedstrictly to conform and comply with all the requirements of theContract at all stages, whether during manufacture and fabrication, orat the time of Delivery as on arrival at site and after its erection orstart up or consumption, and during the defect liability period. Theinspections and tests are merely intended to prima-facie satisfy BPCLthat the Material(s) and the parts and components comply with therequirements of the Contract. The Vendor’s responsibility shall alsonot be anywise reduced or discharged because BPCL or BPCL’srepresentative(s) or Inspector(s) shall have examined, commented onthe Vendor’s drawings or specifications or shall have witnessed thetests or required any chemical or physical or other tests or shall havestamped or approved or certified any Material(s).



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7.6. Although material approved by the Inspector(s), if on testing andinspection after receipt of the Material(s) at the location, anyMaterial(s) are found not to be in strict conformity with thecontractual requirements or specifications, BPCL shall have the rightto reject the same and hold the Vendor liable for non-performance ofthe Contract.

8. SHIPPING :

8.1 SEA SHIPMENT :

All shipment of materials shall be made by first class direct vessels,through the chartering wing, Ministry of Surface Transport as perprocedure detailed hereunder. The Foreign Supplier shall arrange withVessels Owners or Forwarding Agents for proper storage of the entireCargo intended for the project in a specific manner so as to faciliateand to avoid any over carriage at the port of discharge. All shipmentshall be under deck unless carriage on deck is unavoidable.

The bills of lading should be made out in favour of `Bharat PetroleumCorporation Ltd.. or order'. All columns in the body of the Bill ofLading namely marks and nos., material description, weightparticulars etc., should be uniform and accurate and such statementsshould be uniform in all the shipping documents. The freightparticulars should mention the basis of freight tonnage, heavy liftcharges, if any, surcharge, discount etc. clearly and separately. Thenet total freight payable shall be shown at the bottom.

SHIPPING DOCUMENTS :

All documents viz. Bill of Lading, invoices, packing list, freightmemos, country of origin certificates, test certificate, drawings andcatalogues should be in English language.

In addition of the bill of lading which should be obtained in threestamped original plus as many copies as required, invoices, packinglist, freight memos, (if the freight particulars are not shown in the billsof lading), country of origin certificate, test / composition certificate,shall be made out against each shipment in as many number of copiesas shown below.

The bill of lading, invoice and packing list specifically shall showuniformly the mark and numbers, contents case wise, country oforigin, consignees name, port of destination and all other particularsas indicated under clause 2. The invoice shall show the unit rates andnet total F.O.B. prices. Items packed separately should also beinvoiced and the value shown accordingly. Packing list must showapart from other particulars actual contents in each case, net and grossweights and dimensions, and the total number of packages. Alldocuments should be duly signed by the Vendor's authorisedrepresentatives.

In the case of FOB orders, Shipping arrangements shall be made bythe Chartering Wing Of the Ministry of Surface Transport, New Delhithrough their respective forwarding agents. The names and addressesof forwarding agents shall be as per Special Purchase Conditions.Supplier shall furnish to the respective agents the full details ofconsignments such as outside dimension, weights (both gross and net)No of packages, technical description and drawings, name of supplier,ports of loading, etc. 6 weeks notice shall be given by the supplier toenable the concerned agency to arrange shipping space.

The bill of lading shall indicate the following :

Shipper : Goverment of India



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Consignee : Bharat Petroleum Corporation Ltd.

In case of supplies from USA, Export Licences, if any required fromthe American Authorities shall be Obtained by the U.S. Suppliers. Ifneed be assistance for obtaining such export licences would beavailable from India Supply Mission at Washington.

8.2 AIRSHIPMENT :

In case of Airshipment, the materials shall be shipped through freightconsolidator (approved by us). The airway bill shall be made out infavour of BHARAT PETROLEUM CORPORATION LTD.

TRANSMISSION OF SHIPPING DOCUMENTS :

Foreign Supplier shall obtain the shipping documents in sevencomplete sets including three original stamped copies of the Bill ofLading as quickly as possible after the shipment is made, and airmailas shown below so that they are received at least three weeks beforethe Vessels arrival. Foreign Supplier shall be fully responsible or anydelay and / or demurrage in clearance of the consignment at the portdue to delay in transmittal of the shipping documents.

If in terms of letter or otherwise, the complete original set ofdocuments are required to be sent to BPCL through Bank thedistribution indicated below will confine to copies of documents onlyminus originals.

Documents BPCL (Mumbai)

Bill of Lading 4 (including 1 original)Invoice 4Packing List 4Freight Memo 4Country of Origin Certificate 4Third party inspection certificate 4Drawing 4Catalogue 4Invoice of Third Party 4for inspection charges whenever applicable.

9. INDIAN AGENT COMMISSION :

Any offer through Indian agents will be considered only afterauthorization mentioning them as Indian agents, is received fromVendor. Indian agents commission if applicable will be payable onlyin Indian currency. Indian agents should be registered withDirectorate General of Supplies and Disposals, Government of Indiaand agency commission will be payable only after registration withDGS&D, New Delhi.

10. ORDER AWARD / EVALUATION CRITERIA :

Unless otherwise specified, Order award criteria will be on lowestquote landed price basis. Landed price will be summation of BasicPrice, Packing & Forwarding Charges, Excise Duty, Sales Tax,Freight, Inspection, Octroi, Supervision of Installation &Commissioning and other taxes & levies, loading etc, if any, reducedby cenvat/vat credit as applicable.

11. CONFIRMATION OF ORDER :

The vendor shall acknowledge the receipt of the purchase order



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within 10 days of mailing the same. The vendor shall sign, stamp theacknowledgement copy of the purchase order and return the same toBPCL.

12. PAYMENT TERMS :

12.1. Unless otherwise specified, 100% payment shall be made within30 days from date of receipt and acceptance of materials at Siteagainst submission of Peformance Bank Guarantee (PBG) for 10% ofbasic order value if PBG is applicable for the tender.

12.2. In the case of imports, payment will be made on submission oforiginal documents directly to Owner (Telegraphic Transfer-TT) orthrough Bank (Cash against documents-CAD) or through irrevocableLetter of Credit.

12.3. Unless otherwise mentioned, the specified documents (Alldocuments listed below (one original and two copies)) should besubmitted to originator of P.O. (the name and contact details of whomare given in PO) and payments for despatches will be made by theoriginator of Purchase Order :

a) Invoiceb) Excise invoicec) The Lorry Receipt of the consignmentd) Packing list for the consignmente) Third Party Inspector’s Certificate covering the invoicedMaterial(s)/ Release Note, wherever applicablef) Manufacturers Test/Composition Certificate, wherever applicableg) Drawing(s)/Catalogue(s) covering the Material(s) , whereverapplicableh) Guarantee/Warranty Certificate(s), wherever applicable.i) Original Receipt for Octroi/other statutory levies as applicable.j) Performance Bank Guarantee as applicable.

13. GUARANTEE/WARRANTY :

13.1. Materials shall be guaranteed against manufacturing defects,materials, workmanship and design for a period of 12 months fromthe date of commissioning or 18 months from the date of dispatchwhichever is earlier. Warranty for replacement of material /accessories should be provided free of charges at our premises. Theabove guarantee/warranty will be without prejudice to the certificateof inspection or material receipt note issued by us in respect of thematerials.

13.2. All the materials including components and sub contracted itemsshould be guaranteed by the vendor within the warranty periodmentioned above. In the event of any defect in the material, thevendor will replace / repair the material at BPCL’s concernedlocation at vendor’s risk and cost on due notice.

13.3. In case, vendor does not replace / repair the material on duenotice, rejected material will be sent to the vendor on “Freight topay” basis for free replacement. Material after rectification of defectsshall be dispatched by the vendor on “Freight Paid” basis.Alternatively, BPCL reserves the right to have the material repaired /replaced at the locations concerned, at the vendor’s risk, cost andresponsibility.

13.4. The Vendor shall provide similar warrantee on the parts,components, fittings, accessories etc. so repaired and / or replaced.

14. PERFORMANCE BANK GUARANTEE :



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14.1. Vendor will have to provide Performance Bank Guarantee for10% of the basic value of purchase order unless otherwise specified.This bank guarantee shall be valid (shall remain in force) forguarantee period (as mentioned in the guarantee clause), with aninvocation period of six months thereafter. In the case of Indigenousvendors, the Performance Bank Guarantee shall be given on a non-judicial stamp paper of appropriate value (currently Rs 100). PBGformat is as per Annexure I.

In case, PBG is not provided by the Vendor, 10% of the basic valueshall be retained in lieu of PBG, till the expiry of guarantee and claimperiod.

In the case of imports, the Supplier shall furnish the PerformanceBank Guarantee (as per Annexure I) through the following :

a) Branches of Indian scheduled banks operating in their Country.b) Foreign bank operating in their Country which is counterguaranteed by branches of Indian scheduled banks operating in theirCountry/India.c) Indian branches of foreign banks.d) Foreign bank operating in their Country counter guaranteed bytheir Indian branch

However, in respect of c) and d) above, the Indian branch of foreignbanks should be recognized as scheduled bank by Reserve Bank ofIndia.

14.2. If Vendor wants to submit the PBG at Contract level to avoidmultiple number of PBG (i.e. PBG issued against every purchase/calloff order) then the validity of PBG will be calculated as mentionedbelow :

14.2.1. Validity of PBG = Rate Contract Issue Date (Start Date ofRate Contract) + Rate Contract Period (validity of Rate Contract) +Contractual Delivery Period of material + Contractual Guaranteeperiod + 6 month (for invocation / Claim).

15. PACKING & MARKING :

15.1 PACKING :

15.1.1 Packing shall withstand the hazards normally encountered withthe means of transport for the goods of this purchase order includingloading and unloading operation both by crane and by pushing off.

In the case of imports, all equipments / materials shall be suitablypacked in weather proof, seaworthy packing for ocean transport undertropical conditions and for rail or road or other appropriate transportin India. The packing shall be strong and efficient enough to ensuresafe preservance upto the final point of destination.

Raw/Solid wood packaging material of imported items has to beappropriately treated & marked as per International Standard ofPhytosanitary Measures (ISPM-15") for material originatingfrom the contracting countries to the International Plant ProtectionConvention or the members of Food & Agriculture Organization.Material from non-contracting parties would have to be accompaniedby a phytosanitary certificate of the treatment endorsed. The CustomOfficer at Indian Port shall not release the material withoutappropriate compliance of the above provisions w.e.f. 01.11.2004.

15.1.2 The packing specification incorporated herein aresupplementary to the internal and external packing methods and



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standards as per current general rules of J.R.A. Good Tariff Part-I. Allpackaging shall be done in such a manner as to reduce volume asmuch as possible.

15.1.3 Fragile articles should be packed with special packingmaterials depending on the type of Materials and the packing shallbear the words "HANDLE WITH CARE GLASS FRAGILE,DON'T ROLL THIS END UP. THIS END DOWN, " to beindicated by arrow.

15.1.4 Chemicals in powder form, catalyst, refractories and likematerials etc. shall be packed in drums, cans and tins only. However,Catalyst may be supplied in Jumbo bags.

15.1.5 The hazardous materials shall be packed in accordance withthe applicable rules, regulations and tariff of all cognizantGovernment Authorities and other Governing bodies. It shall be theresponsibility of the seller of hazardous materials to designate thematerial as hazardous and to identify each material by its propercommodity name and its hazardous material class code.

15.1.6 All package requiring handling by crane should have sufficientspace at appropriate place to put sling of suitable dia (strength).Iron/Steel angle should be provided at the place where sling markingare made to avoid damage to package/ equipment while lifting.

15.1.7 Item shipped in bundles must be securely tied with steel wireor strapping. Steel reinforcing rods, bars, pipes, structural membersetc. shall be bundled in uniform lengths and the weight shall be withinthe breaking strength of the securing wire or strapping.

In the case of imports, for bundles the shipping marks shall beembossed on metal or similar tag and wired securely on each end.15.1.8 All delicate surface on equipment/materials should be carefullyprotected and printed with protective paint/compound and wrapped toprevent rusting and damage.15.1.9 All mechanical and electrical equipment and other heavyarticles shall be securely fastened to the case bottom and shall beblocked and braced to avoid any displacement/shifting during transit.

15.1.10 Attachments and spare parts of equipment and all smallpieces shall be packed separately in wooden cases with adequateprotection inside the case and wherever possible should be sent alongwith the main equipment. Each item shall be suitably tagged withidentification of main equipment, item denomination and referencenumber of respective assembly drawing. Each item of steel structureand furnaces shall be identified with two erection markings withminimum lettering height of 15mm. Such markings will be followedby the collection numbers in indelible ink/paint. A copy of thepacking list shall accompany the materials in each package.

15.1.11 All protrusions shall be suitably protected by providing acover comprising of tightly bolted wooden disc on the flanges. Allnozzles, holes and openings and also all delicate surfaces shall becarefully protected against damage and bad weather. Allmanufactured surfaces shall be painted with rust proof paint.

In the case of imports, for bulk uniform material when packed inseveral cases, progressive serial numbers shall be indicated on eachcase.

15.1.12 Wherever required, equipment/materials instruments shall beenveloped in polythene bags containing silicagel or similardehydrating compound.



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15.1.13 Pipes shall be packed as under:

a. Upto 50mm NB in wooden cases/crates.

b. Above 50mm NB and upto 100mm NB in bundles and should bestrapped at minimum three places.

c. Above 100mm NB in loose.

15.1.14 Pipes and tubes of stainless steel, copper etc. shall be packedin wooden cases irrespective of their sizes.

15.1.15 Pipes with threaded or flanged ends shall be protected withsuitable caps covers, before packing.

In the case of imports, all pipes and sheets shall be marked with stripsbearing progressive no.

15.1.16 Detailed packing list in waterproof envelope shall be insertedin the package together with equipment/materials. One copy of thedetailed packing list shall be fastened outside of the package inwaterproof envelope and covered by metal cover.

15.1.17 The supplier shall be held liable for all damages or breakagesto the goods due to the defective or insufficient packing as well as forcorrosion due to insufficient protection.

15.1.18 Packaged equipment or materials showing damage defects orshortages resulting from improper packaging materials or packingprocedures or having concealed damages or shortages, at the time ofunpacking shall be to the supplier’s account.

All packages which require special handling and transport shouldhave their Centres of Gravity and the points at which they may beslung or gripped clearly indicated and marked “ATTENTIONSPECIAL LOAD HANDLE WITH CARE” both in English/HindiLanguages.

In the case of imports, a distinct colour splash in say red black aroundeach package crate / bundle shall be given for identification.

15.1.19 Along with the packed material, supplier should attachmaterial list, manuals/instructions and also the Inspectioncertificate/release note, wherever applicable.

15.2. MARKING :

The following details to be written on the side face of packing:

a) Purchase Order Numberb) Vendor Namec) Batch no with Manufacturing dated) Procedure (in brief) for handlinge) Date of dispatch etc.15.3 Imported items :

On three sides of the packages, the following marks shall appear,clearly visible, with indelible paint and on Vendor's care andexpenses.

BHARAT PETROLEUM CORPORATION LIMITED(With detailed address as given in Special Purchase Conditions)



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From :

To : Bharat Petroleum Corpn.Ltd.

(With detailed address as given in Special Purchase Conditions)

Order no. Rev. no.Item : Equipment Nomenclature :Net weight : Kgs.Gross weight : Kgs.Case No. of Total cases :Dimensions : Import Licence No.

NOTE :Marking shall be bold - minimum letter height 5 cm. For every orderand every shipment, packages must be marked with serial progressivenumbering.

Top heavy containers shall be so marked either Top Heavy or HeavyEnds.

When packing material is clean and light coloured, a dark blackstencil paint shall be acceptable. However, where packaging materialis soiled or dark, a coat of flat zinc white paint shall be applied andallowed to dry before applying the specific markings.

In case of large equipments like vessels, heat exchangers, etc. theenvelope containing the documents shall be fastened inside a shellconnection, with an identifying arrow sign "documents"using indelible paint.

16. DELIVERY :

16.1. Unless otherwise mentioned, Vendor is requested to quote theirbest delivery schedule from the date of receipt of Purchase order.

16.2. Time being the essence of this contract, the delivery mentionedin the purchase order shall be strictly adhered to and no variation shallbe permitted except with prior authorization in writing from theOwner. Goods should be delivered, securely packed and in good orderand condition, at the place of delivery and within the time specified inthe purchase order for their delivery.

16.3. The contractual delivery period is inclusive of all the lead timefor engineering / procurement of raw material, the manufacturing,inspection / testing, packing, transportation or any other activitywhatsoever required to be accomplished for effecting the delivery atthe required delivery point.

16.4. Unless otherwise specified, Material(s) shall not be despatchedwithout prior inspection and/or testing and Release Order/Material(s)Acceptance Certificate issued by the Inspector(s).

16.5. BPCL shall have the right to advise any change in despatchpoint or destination in respect of any Material(s). Any extraexpenditure incurred by the Vendor on this account supported bysatisfactory documentary evidence, will be reimbursed to the Vendorby BPCL.

17. UNLOADING AND STACKING :

Unloading and stacking will be arranged by BPCL. The Vendor shallsend BPCL information of the proposed consignment well in advanceby telegram/fax/e-mail/courier to enable BPCL to take necessary



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action.

18. TRANSIT INSURANCE :

Unless otherwise mentioned,

18.1. Transit Insurance shall be covered by BPCL against its MegaPackage Policy.

18.2 In the case of imports, insurance against all marine and transitrisk shall be covered under the Owner's marine policy. However, theVendor shall ensure that in effecting shipments clear bill of lading areobtained and the carrier's responsibility is fully retained on theCarriers so that the consignee's interests are fully secured and are inno way jeopardized.

18.2. The Vendor shall send BPCL information of the proposedconsignment well in advance by telegram/fax/e-mail/courier to enableBPCL to take necessary action for the transit insurance of theconsignment. Any failure by the Vendor to do so shall place theconsignment at the Vendor’s risk.

18.3. In the case of imports, as soon as any shipment is made, theForeign Supplier shall send advance information by way of Telexmessage to Bharat Petroleum Corporation Ltd., (with detailed addressas given in Special Purchase Conditions) giving particulars of theshipments, vessels name, port of shipment, bill of lading number anddate, total FOB and freight value.19 VALIDITY OF OFFER:

The rates quoted against this tender shall be valid for a period of 90Days from the date of opening of the tender unless otherwisespecified in the Special Purchase Conditions.

20. DELIVERY DATES AND PRICE REDUCTION SCHEDULE :

20.1. The time and date of Delivery of Material(s) as stipulated in theContract shall be adhered to on the clear understanding that thePrice(s) of the Material(s) has/have been fixed with reference to thesaid Delivery date(s).

20.2. If any delay is anticipated by the Vendor in the delivery of theMaterial(s) or any of them beyond the stipulated date(s) of Delivery,the Vendor shall forthwith inform BPCL in writing of suchanticipated delay and of the steps being taken by the Vendor toremove or reduce the anticipated delay, and shall promptly keepBPCL informed of all subsequent developments.

20.3. The delivery period quoted must be realistic & specific. Theinability of successful Vendors to execute orders in accordance withthe agreed delivery schedule will entitle BPCL, at its options, to :

20.3.1. Accept delayed delivery at prices reduced by a sum equivalentto half percent (0.5%) of the basic value of any goods not deliveredfor every week of delay or part thereof, limited to a maximum of 5%of the total basic order value. LR date will be considered as deliverycompletion date for calculation of price reduction in the case of exworks contract. Date of receipt of materials at owners premises shallbe considered for calculation of price reduction for F.O.R destinationcontract.

In the case of imports, the contractual delivery date shall beconsidered from the date of Letter of Credit (L/C) or the date of L/Camendment because of Buyer’s fault plus one week (to take care of



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transit time for receipt of L/c) plus the delivery schedule as indicatedby the vendors.In case of the shipment taking place on “Cash against documents”,the contractual delivery shall be taken from the date of purchase orderplus one week (to take care of transit time for receipt of order) plusdelivery period.

Further the date of B/L or House airway bill shall be considered tofind out the delay with respect to contractual delivery date. In case ofFOB shipments if the vessel is not available then the intimation byvendors regarding readiness of the goods for the shipment shall beconsidered for calculating the delay if any. So vendor shall inform thereadiness of material for shipment on FOB (Free on Board)basis /FCA (Free on Carrier) basis.

20.3.2. Cancel the order in part or full and purchase such cancelledquantities from elsewhere on account at the risk and cost of thevendor, without prejudice to its right under 20.3.1 above in respect ofgoods delivered.

21. RISK PURCHASE CLAUSE :

BPCL reserves the right to curtail or cancel the order either in full orpart thereof if the vendor fails to comply with the delivery scheduleand other terms & conditions of the order. BPCL also reserves theright to procure the same or similar materials/equipment through othersources at vendor's entire risk, cost and consequences. Further, thevendor agrees that in case of procurement by the owner from othersources the differential amount paid by the owner shall be on accountof the vendor together with any interest and other costs accruedthereon for such procurement.

22. FORCE MAJEURE CLAUSE :

(A) Definition: The term “Force Majeure” means any event orcircumstance or combination of events or circumstances that affectsthe performance by the vendor of its obligations pursuant to the termsof this Agreement (including by preventing, hindering or delayingsuch performance), but only if and to the extent that such events andcircumstances are not within the vendor’s reasonable control andwere not reasonably foreseeable and the effects of which the vendorcould not have prevented or overcome by acting as a Reasonable andPrudent person or, by the exercise of reasonable skill and care. ForceMajeure events and circumstances shall in any event include thefollowing events and circumstances to the extent they or theirconsequences satisfy the requirements set forth above in this Clause:

i. the effect of any element or other act of God, including any storm,flood, drought, lightning, earthquake, tidal wave, tsunami, cyclone orother natural disaster;

ii. fire, accident, loss or breakage of facilities or equipment, structuralcollapse or explosion;

iii. epidemic, plague or quarantine;

iv. air crash, shipwreck, or train wreck;

v. acts of war (whether declared or undeclared), sabotage, terrorism oract of public enemy (including the acts of any independent unit orindividual engaged in activities in furtherance of a programme ofirregular warfare), acts of belligerence of foreign enemies (whetherdeclared or undeclared), blockades, embargoes, civil disturbance,revolution, rebellion or insurrection, exercise of military or usurpedpower, or any attempt at usurpation of power;



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vi. radioactive contamination or ionizing radiation;

( B) Notice and Reporting:

i. The Vendor shall as soon as reasonably practicable after the date ofcommencement of the event of Force Majeure, but in any event nolater than two (7) days after such commencement date, notify BPCLin writing of such event of Force Majeure and provide the followinginformation:

(a) reasonably full particulars of the event or circumstance of ForceMajeure and the extent to which any obligation will be prevented ordelayed;

(b) such date of commencement and an estimate of the period of timerequired to enable the vendor to resume full performance of itsobligations; and

(c) all relevant information relating to the Force Majeure and fulldetails of the measures the vendor is taking to overcome orcircumvent such Force Majeure.

ii. The Vendor shall, throughout the period during which it isprevented from performing, or delayed in the performance of, itsobligations under this Agreement, upon request, give or procureaccess to examine the scene of the Force Majeure including suchinformation, facilities and sites as the other Party may reasonablyrequest in connection with such event. Access to any facilities or sitesshall be at the risk and cost of the Party requesting such informationand access.

(C) Mitigation Responsibility:

(i) The Vendor shall use all reasonable endeavours, acting as aReasonable and Prudent Person, to circumvent or overcome any eventor circumstance of Force Majeure as expeditiously as possible, andrelief under this Clause shall cease to be available to the Vendorclaiming Force Majeure if it fails to use such reasonable endeavoursduring or following any such event of Force Majeure.

(ii) The Vendor shall have the burden of proving that thecircumstances constitute valid grounds of Force Majeure under thisClause and that it has exercised reasonable diligence efforts to remedythe cause of any alleged Force Majeure.

(iii) The Vendor shall notify BPCL when the Force Majeure hasterminated or abated to an extent which permits resumption ofperformance to occur and shall resume performance as expeditiouslyas possible after such termination or abatement.

(D) Consequences of Force Majeure. Provided that the Vendor hascomplied and continues to comply with the obligations of this Clauseand subject to the further provisions:

(i) the obligations of the Parties under this Agreement to the extentperformance thereof is prevented or impeded by the event of ForceMajeure shall be suspended and the Parties shall not be liable for thenon-performance thereof for the duration of the period of ForceMajeure; and

(ii) the time period(s) for the performance of the obligations of theParties under this Agreement to the extent performance thereof isprevented or impeded by the event of Force Majeure shall be



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extended for the duration of the relevant period of Force Majeureexcept as provided herein.

(E) Force Majeure Events Exceeding 60 Days

(i) If an event or series of events (alone or in combination) of ForceMajeure occur, and continue for a period in excess of 60 consecutivedays, then BPCL shall have the right to terminate this agreement,whereupon the Parties shall meet to mitigate the impediments causedby the Force Majeure event.

23. ARBITRATION CLAUSE:

23.1. Any dispute or difference of any nature whatsoever, any claim,cross-claim, counter-claim or set off of BPCL / Vendor againstomission or on account of any of the parties hereto arising out of or inrelation to this Contract shall be referred to the Sole Arbitration ofDirector (Marketing) / Director (HR) / Director (R) of BPCL as thecase may be or to some officer of BPCL who may be nominated bythem.

23.2. In the event the Arbitrator being unable or refusing to act forany reason whatsoever, the said Directors of BPCL shall designateanother person to act as an Arbitrator in accordance with the terms ofthe said Contract/Agreement. The Arbitrator newly appointed shall beentitled to proceed with the reference from the point at which it wasleft by his predecessor.

23.3. It is known to the parties herein that the Arbitrator appointedhereunder is an employee of the Corporation and may be Share holderof the Corporation.

23.4. The award of the Arbitrator so appointed shall be final,conclusive and binding on all the parties to the contract and the lawapplicable to arbitration proceedings will be the Arbitration andConciliation Act, 1996 or any other enactment in replacement thereof.23.5. The language of the proceedings will be in English and the placeof proceedings will be Mumbai.

23.6. The parties hereby agree that the Courts in the city of Mumbaialone shall have jurisdiction to entertain any application or otherproceedings in respect of anything arising under this Agreement andany Award or Awards made by the Sole Arbitrator hereunder shall befiled, if required, in the concerned Courts in the City of Mumbaialone.

23.7 SETTLEMENT OF DISPUTE BETWEEN GOVT.DEPT./PUBLIC SECTOR UNDERTAKINGS IN A PURCHASE ORSERVICE CONTRACT

In the event of any dispute or differences between the VENDOR /CONTRACTOR / SUPPLIER and the OWNER, if the VENDOR /CONTRACTOR / SUPPLIER is a Government Department, aGovernment Company or a undertaking in the public sector, then insuppression of the provisions of clause 23 of the GPC (correspondingclause no of GCC or NIT etc.), stands modified to the followingextent:-

All disputes and differences of whatsoever nature arising out of or inrelation to this Contract / Agreement or in relation to any subsequentcontract / agreement between the parties shall be attempted to beresolved amicably by mutual discussions between the parties. If theyare not settled at the implementation level of officers, then theseunresolved disputes/ differences will be referred for resolution bydiscussions with the concerned Director of BPCL and the concerned



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Director of Vendor/Contractor/Supplier. In case same does notresolve the difference within 30 days, arbitration clause as hereunderwould apply.

In the event of any dispute or difference relating to the interpretationand application of the provisions of the contracts, such dispute ordifference shall be referred by either party for Arbitration to the soleArbitrator in the Department of Public Enterprises to be nominated bythe Secretary to the Government of India in-charge of the Departmentof Public Enterprises. The Arbitration and Conciliation Act, 1996shall not be applicable to arbitration under this clause. The award ofthe Arbitrator shall be binding upon the parties to the dispute,provided, however, any party aggrieved by such award may make afurther reference for setting aside or revision of the award to the LawSecretary, Department of Legal Affairs, Ministry of Law & Justice,Government of India. Upon such reference the dispute shall bedecided by the Law Secretary or the Special Secretary/AdditionalSecretary, when so authorized by the Law Secretary, whose decisionshall bind the Parties finally and conclusively. The Parties to thedispute will share equally the cost of arbitration as intimated by theArbitrator.

24. INTEGRITY PACT (IP) :

Vendors are requested to sign & return our pre-signed IP document ,if applicable. This document is essential & binding. Vendor's failureto return the IP document duly signed along with Bid Document mayresult in the bid not being considered for further evaluation.

25. RECOVERY OF SUMS DUE :

Whenever, any claim against vendor for payment of a sum of moneyarises out of or under the contract, the owner shall be entitled torecover such sums from any sum then due or when at any timethereafter may become due from the vendor under this or any othercontract with the owner and should this sum be not sufficient to coverthe recoverable amount of claim(s), the vendor shall pay to BPCL ondemand the balance remaining due.

26. CONFIDENTIALITY OF TECHNICAL INFORMATION :

Drawing, specifications and details shall be the property of the BPCLand shall be returned by the Vendor on demand. The Vendor shall notmake use of drawing and specifications for any purpose at any timesave and except for the purpose of BPCL. The Vendor shall notdisclose the technical information furnished to or organized by theVendor under or by virtue of or as a result of the implementation ofthe Purchase Order to any person, firm or body or corporate authorityand shall make all endeavors to ensure that the technical informationis kept CONFIDENTIAL. The technical information imparted andsupplied to the vendor by BPCL shall at all time remain the absoluteproperty of BPCL. Imparting of any confidential information by theVendor will be breach of contract.

27. PATENTS & ROYALTIES :

The vendor shall fully indemnify BPCL and users of materialsspecified herein/supplied at all times, against any action, claim ordemand, costs and expenses, arising from or incurred by reasons ofany infringement or alleged infringement of any patent, registereddesign, trademark or name, copy right or any other protected rights inrespect of any materials supplied or any arrangement, system ormethod of using, fixing or working used by the vendor. In the event ofany claim or demand being made or action sought against BPCL inrespect of any of the aforesaid matter, the vendor shall be notified



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thereof immediately and the vendor shall at his/its own expense with(if necessary) the assistance of BPCL (whose all expense shall bereimbursed by the vendor) conduct all negotiations for the settlementof the same and/or litigation which may arise thereof.

28. LIABILITY CLAUSE:

In case where it is necessary for employees or representatives of theVendor to go upon the premises of owner, vendor agrees to assumethe responsibility for the proper conduct of suchemployees/representatives while on said premises and to comply withall applicable Workmen's Compensation Law and other applicableGovernment Regulations and Ordinances and all plant rules andregulations particularly in regard to safety precautions and firehazards. If this order requires vendor to furnish labour at site, suchvendor's workmen or employees shall under no circumstances bedeemed to be in owner's employment and vendor shall hold himselfresponsible for any claim or claims which they or their heirs,dependent or personal representatives, may have or make, fordamages or compensation for anything done or committed to be done,in the course of carrying out the work covered by the purchase order,whether arising at owner's premises or elsewhere and agrees toindemnify the owner against any such claims, if made against theowner and all costs of proceedings, suit or actions which owner mayincur or sustain in respect of the same.

29. COMPLIANCE OF REGULATIONS :

Vendor warrants that all goods/Materials covered by this order havebeen produced, sold, dispatched, delivered and furnished in strictcompliance with all applicable laws, regulations, labour agreement,working condition and technical codes and statutory requirements asapplicable from time to time. The vendor shall ensure compliancewith the above and shall indemnify owner against any actions,damages, costs and expenses of any failure to comply as aforesaid.

30. REJECTION, REMOVAL OF REJECTED GOODS ANDREPLACEMENT:

In case the testing and inspection at any stage by inspectors revealthat the equipment, materials and workmanship do not comply withspecification and requirements, the same shall be removed by thevendor at his/its own expense and risk, within the time allowed by theowner. The owner shall be at liberty to dispose off such rejectedgoods in such manner as he may think appropriate. In the event thevendor fails to remove the rejected goods within the period asaforesaid, all expenses incurred by the owner for such disposal shallbe to the account of the vendor. The freight paid by the owner, if any,on the inward journey of the rejected materials shall be reimbursed bythe vendor to the owner before the rejected materials are removed bythe vendor. The vendor will have to proceed with the replacement ofthe equipment or part of equipment without claiming any extrapayment if so required by the owner. The time taken for replacementin such event will not be added to the contractual delivery period.31. NON-WAIVER :

Failure of the Owner to insist upon any of the terms or conditionsincorporated in the Purchase Order or failure or delay to exercise anyrights or remedies herein, or by law or failure to properly notifyVendor in the event of breach, or the acceptance of or payment of anygoods hereunder or approval of design shall not release the Vendorand shall not be deemed a waiver of any right of the Owner to insistupon the strict performance thereof or of any of its or their rights orremedies as to any such goods regardless of when such goods areshipped, received or accepted nor shall any purported oralmodification or revision of the order by BPCL act as waiver of the



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terms hereof. Any waiver to be effective must be in writing. Any loneincident of waiver of any condition of this agreement by BPCL shallnot be considered as a continuous waiver or waiver for othercondition by BPCL.

32. NEW & UNUSED MATERIAL :

All the material supplied by the vendor shall be branded new, unusedand of recent manufacture.

33. PURCHASE PREFERENCE CLAUSE :

Owner reserves its right to allow Public Sector Enterprises(Central/State), purchase preference as admissible/applicable fromtime to time under the existing Govt. policy. Purchase preference to aPSE shall be decided based on the price quoted by PSE as comparedto L1 Vendor at the time of evaluation of the price bid.

Owner reserves its right to allow Micro and Small Enterprises (MSEs)and MSEs owned by Scheduled Caste (SC) or the Scheduled tribe(ST) entrepreneurs, purchase preference as admissible/applicablefrom time to time under the existing Govt. policy. Purchasepreference to a MSE and a MSE owned by SC/ST entrepreneurs shallbe decided based on the price quoted by the said MSEs as comparedto L1 Vendor at the time of evaluation of the price bid.

Bidders claiming purchase preference as MSE need to submit thefollowing documents:

a. Notarized copy of all the pages of the EM-II certificate issued bythe appropriate authorities mentioned in the Public procurementpolicy of MSEs-2012.b. Vendors declaration on a duly notarized Rs.100 stamp paper statingthat, in the event of award of contract, all the ordered supplies shall bemade from the unit for which MSE certificate has been submitted.

34. CANCELLATION :

34.1. BPCL reserves the right to cancel the contract/purchase order orany part thereof through a written notice to the vendor if.

34.1.1. The vendor fails to comply with the terms of this purchaseorder/contract.34.1.2. The vendor becomes bankrupt or goes into liquidation.34.1.3. The vendor fails to deliver the goods on time and/or replacethe rejected goods promptly.34.1.4. The vendor makes a general assignment for the benefit ofcreditors.34.1.5. A receiver is appointed for any of the property owned by thevendor.

34.2. Upon receipt of the said cancellation notice, the vendor shalldiscontinue all work on the purchase order matters connected with it.BPCL in that event will be entitled to procure the requirement in theopen market and recover excess payment over the vendor's agreedprice if any, from the vendor and also reserving to itself the right toforfeit the security deposit if any, made by the vendor against thecontract. The vendor is aware that the said goods are required byBPCL for the ultimate purpose of materials production and that non-delivery may cause lossof production and consequently loss of profitto the BPCL. In this-event of BPCL exercising the option to claimdamages for non delivery other than by way of difference between themarket price and the contract price, the vendor shall pay to BPCL, faircompensation to be agreed upon between BPCL and the vendor. Theprovision of this clause shall not prejudice the right of BPCL from



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invoking the provisions of price reduction clause mentioned in 20.3.1as aforesaid.

35. ANTI –COMPETITIVE AGREEMENTS/ABUSE OFDOMINANT POSITION :

The Competition Act, 2002 as amended by the Competition(Amendment) Act, 2007 (the Act), prohibits anti- competitivepractices and aims at fostering competition and at protecting Indianmarkets against anti- competitive practices by enterprises. The Actprohibits anti- competitive agreements, abuse of dominant position byenterprises, and regulates combinations (consisting of acquisition,acquiring of control and M&A) wherever such agreements, abuse orcombination causes, or is likely to cause, appreciable adverse effecton competition in markets in India. BPCL reserves the right toapproach the Competition Commission established under the Act ofParliament and file information relating to anti-competitiveagreements and abuse of dominant position. If such a situation arises,then Vendors are bound by the decision of the CompetitiveCommission and also subject to penalty and other provisions of theCompetition Act.

36. ASSIGNMENT

The Vendor can / does not have any right to assign his rights andobligations under these general purchase conditions without the priorwritten approval of BPCL.

37. GOVERNING LAW

These General Purchase Conditions shall be governed by the Laws ofIndia.

38. AMENDMENTAny amendment to these General Purchase Conditions can be madeonly in writing and with the mutual consent of the parties to theseconditions.39. SPECIAL PURCHASE CONDITIONS

In case of a conflict between the clauses, terms and conditions ofGeneral Purchase Conditions and Special Purchase condition, theclauses, terms and conditions of Special Purchase Condition will havean overriding effect over General Purchase Conditions and the sameshall be applicable.

40. NOTICESAny notices to be given hereunder by a Party to the other shall be inEnglish and delivered by hand or sent by courier or facsimile to theother Party at the address or facsimile number stated below or suchother address or number as may be notified by the relevant Party fromtime to time:

41. POLICY ON HOLIDAY LISTINGThe guidelines and procedures for Holiday Listing are availableseparately in BPCL website and shall be applicable in the context ofall tenders floated and consequently all orders/ contracts / purchaseorders. It can be accessed using the following link:http://bharatpetroleum.in/pdf/holidaylistingpolicyfinal.pdf .

Technicalbid

SPECIAL PURCHASE CONDITIONS



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S.No. SPECIAL PURCHASE CONDITIONS

We accept andconfirm theSPECIALPURCHASECONDITIONS

1 SPECIAL PURCHASE CONDITIONS :

Following terms and conditions are Special purchase conditionsand applicable for this tender. These terms and conditions willsupersede/override the General Purchase conditions attached withthis tender

1.PLACEMENT OF ORDER

We are at liberty to place order on FCA / FOB / CFR or CPT basis(FCA / FOB basis and freight to collect basis wherever applicablethrough our Air Freight Consolidation Services). In the event ofplacing the order on FCA / FOB basis, all pre-shipment and postshipment charges at the country of export shall be to shipper’saccount which would include HAWB charges, airport transfer fee,handling charges, loading uploading charges, security fee if any,export fee and any other charges applicable at the load port.Shipment details should be informed by Fax / E-mail and copy ofnon-negotiable documents to be forwarded by courier for arranginginsurance.

2. TERMS OF PAYMENT

For Foreign VendorPayment will be made on submission of non negotiable documents(Invoice, Packing list and Airway Bill / Bill of Lading) directly toBPCL OR payment by CAD (Cash against Documents) ORPayment by Letter of Credit. However payment will be made intwo parts as below;

80% of the value of equipment against shipping documents

Balance 20% of the value of equipment by TT against satisfactoryinstallation and commissioning of the equipment and onsubmission of 10% value of PBG.

We will not establish LC for below USD 5,000.00. However othertwo payment terms are acceptable to us.

Preferred payment terms are CAD/TT however in case ofpayment by LC, all foreign banker charges will be to the account ofbeneficiary only.

For Indian Vendor:

Payment will be made through NEFT, on submission of Invoice,Packing list and LR directly to CPO (MKTG) BPCL.;80% of the value of equipment against Receipt of Material at BPCLSite within 7 days. Balance 20% of the value of equipment againstsatisfactory installation and commissioning of the equipment andon submission of 10% Performance Bank guarantee (PBG).



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3. PERFORMANCE BANK GUARANTEE

Performance Bank Guarantee will be submitted for 10% of thevalue of order for a period of 24 months from the date ofcommissioning with invocation period of 6 months. Supplier shallfurnish the Performance Bank Guarantee as per BPCL format(Format enclosed for ref.) through the branches of Indian PublicSector Banks operating in their country or these are counterguaranteed by Indian Bank branches in their country.Performance Bank Guarantee from Indian branches of foreign(vendors) banks will be accepted only if the Indian Branch of thebank is recognized as scheduled bank by Reserve Bank of India.However, Bank Guarantee from foreign branch bank will beaccepted only if the same is counter signed by their Indian Branchor any Scheduled Indian Bank.

4. GUARANTEE AND WARRANTY :

Materials / Equipment / Component / Software should beguaranteed against manufacturing defects, workmanship and designfor a period of 24 months from date of commissioning or 30months from date of shipment. You have to offer Consumables andspares required during the warranty period .These offeredConsumables and Spares will be procured from successful vendoralong with the main equipment. The spares not mentioned by youin your offer but found defective during warranty period, will haveto be replaced with new one free of cost by you at our premisesduty paid through your Indian agents. The defective Spares willhave to be replaced by you with new one and the defective sparewill be handed over to your Indian agents by us in India.

5. INSTALLATION & COMMISSIONING:

Installation & Commissioning and demonstration of the equipmentas per technical specification shall be arranged by you or yourIndian representative within 15 days of receiving of materials atsite. Further the training in application, operation & maintenance ofthe equipment as mentioned in the tender document to be impartedto us by you / your Indian representative. The charges applicabletowards installation and commissioning / training etc, if any,should be indicated separately. Such charges will be subject todeduction of Tax at source as per the norms of Govt. of India.

6. PRICE QUOTE :

In case Indian agent/authorized representative quoting the offer onbehalf of foreign principal vendor, price quote should be in foreigncurrency and order would be placed on principal vendor. Indianagent can submit the offer online with due authorization from theirprincipal vendor. Indian agent can have separate digital certificatefor participating in the tender. Either principal or Indian agent cansubmit the offer. If principal vendor submits the offer then theIndian agents offer will not be considered. Order may be placed onthe principal vendor as per the offer.In case Indian vendor quoting the offer, please note that the exciseduty will be NIL against Excise Duty Exemption certificate and EDExemption certificate will be provided by BPCL.

7. VALIDITY OF OFFER:

The rates quoted against this tender shall be valid for a period of180 Days from the date of opening of the tender.

8.Clause no. 7 (Inspection) of GPC is not applicable for this Tender



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.

9.Clause no.8.1 (Sea Shipment) of GPC is not applicable for thisTender .

10.ORDER AWARD / EVALUATION CRITERIA:

BPCL will award the purchase Order against this tender to the L1Bidder. BPCL would determine/establish the L1 Bidder as follows:The Determination /establishment of L1 (Lowest Evaluated) Bid -In case of of Foreign offers:The Lowest Evaluated Bid will be determined /established afterconsidering Total cash out flow to BPCL taking into account thefollowing elements.FCA price – As quoted by the vendorAir Freight charges – As quoted by the vendorMarine insurance – By BPCL @0.1% of CFR.Custom Duties - As applicable for supply of Items to R & D Centrewith exemptions as applicable at Indian Air ports.Port / Handling charges - To be incurred by BPCL @1% of CIF.Bank /Custom Clearance Charges will be considered as 2% of CIFOctroi as applicable only in Maharashtra(presently @ 5.5%)Annual Maintenance charges for which separate price bid isprovided (if applicable)Installation and Commissioning Charges – Where and as quotedfor by vendor in Foreign currency + Applicable TDS and ServiceTax.

The Determination /establishment of Lowest Evaluated Bid - Incase of Indian offer/s:

The Lowest Evaluated Bid will be determined /established afterconsidering total cash out flow to BPCL taking into account thefollowing elements .

Basic Price ,Packing & Forwarding charges - As quoted by thevendor,Taxes and Duties – As quoted by the vendor (C Form will not beissued by BPCL)Excise Duty will be considered as Nil for supply of Items to R & DCentre.Firm Freight Charges- As quoted by the vendor by Road on DoorDelivery Freight Paid basis (i.e. Door Delivery at respectivelocation as per tender document).Octroi Charges- @ 5.5% (only in Maharashtra -as applicable)Insurance: will considered as quoted by vendor up to deliverylocation given in the tender.Installation and Commissioning charges +Service Tax –Where andas quoted for by vendor.Annual Maintenance charges for which separate price bid isprovided (if applicable)Please note that evaluation will be done on overall lowest quotebasis. Vendors are requested to quote for all the items.Installation, commissioning and annual maintenance (If applicable)to be carried out by Indian representative of the foreign vendor, tobe quoted in INR.Vendor is required to give accept the above ‘Special PurchaseConditions’.

Technicalbid

TECHNOCOMMERCIAL BID FOR LOCAL OR



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VENDORS NAME

VENDORS NAME

SRNO. BPCL REQUIREMENT

VENDOR TO CONFIRMDETAILS/ACCEPTANCEOF THE TERMS

1 Validity of offer: Your quotation should be valid for 180days from the due date of this tender and prices willremain firm till the supply is completed.

2 Inspection certificate: Internal Test Certificate, Qualityassurance certificate and Conformity certificate for theequipment are to be submitted with Invoice duringsupply.

3 Terms of payment : Payment will be made on submissionof Invoice, Packing list and LR directly to CPO (MKTG)BPCL through NEFT. as below; i) 80% of the value ofequipment against Receipt of Material at BPCL Sitewithin 7 days. ii) Balance 20% of the value of equipmentagainst satisfactory installation and commissioning of theequipment and on submission of 10% Performance Bankguarantee (PBG).

4 Performance Bank Guarantee: Performance BankGuarantee will be submitted for 10% of the value of orderfor a period of 24 months from the date of commissioningwith invocation period of 6 months. Supplier shall furnishthe Performance Bank Guarantee as per BPCL format(Format given under ‘Other Documents / Formats’ in thetender document) through the branches of Indian PublicSector Banks.

5 Installation & Commissioning: Vendor should provide thepre-installation requirements (if any) to BPCL before thedelivery of the equipment. Vendor should supply all thenecessary accessories/ spares and consumables (requiredto install and commission) so that the equipment isreceived under ready to commission state. Vendor shouldinstall and commission the equipment at BPCL site.Vendor should install and commission the equipmentwithin 3 weeks of its delivery and necessary trainingshould be imparted for operation, maintenance of thesame. In case there is any extra charges applicabletowards installation and commissioning it should bequoted separately . Such charges will be subject to TaxDeducted at Source (TDS) and Service Tax as per thenorms of Govt. of India.

6 Operator Training: Kindly refer this requirement in theTechnical Specifications given in this tender and confirm.

7 Guarantee & Warranty: Kindly refer this requirement inthe Technical Specifications given in this tender andconfirm.

INDIGENOUS PURCHASE



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8 Unit Acceptance: Kindly refer this requirement (pleaserefer the clauses of Factory Acceptance Test and SiteAcceptance Test etc.) in the Technical Specificationsgiven in this tender and confirm.

9 LD / Delay delivery: The contractual delivery date shallbe considered from the date of Letter of Credit (L/C) orthe date of L/C amendment because of Buyer's fault plusone week (to take care of transit time for receipt of L/C)plus the delivery schedule as indicated by the vendors. Incase of the shipment taking place on Cash againstdocuments the contractual delivery shall be taken fromthe date of purchase documents the contractual deliveryshall be taken from the date of purchase order plus 1week (to take care of transit time for receipt of order) plusdelivery period. Further the date of Bill of Lading orAirway bill be considered to find out the delay. For anydelay in delivery of equipment / materials beyond thedelivery date stipulated above, the vendor shall be liableto pay compensation @ 0.5% per week or part thereof onthe value of non delivered portion of material subject tomaximum of 5% of total order value.

10 Force Majeure: Refer this clause in General PurchaseConditions and confirm your acceptance.

11 Arbitration: Refer this clause in General PurchaseConditions and confirm your acceptance.

12 Documentation: Kindly refer this requirement in theTechnical Specifications given in this tender and confirm.

13 The Equipments shall meet all the parameters mentionedin our specification. If it doesn’t meet our specificationfully, the equipment is liable to be rejected. Users list forthe model quoted to be provided (India & abroad)Application notes for the intended application mentionedin the scope should be attached. Items included in themain equipment should be mentioned clearly.

14 Delivery Schedule: Vendor should quote best deliveryschedule for supply of materials in ----------weeks fromthe date of receipt of Purchase Order /Receipt of Roadpermit (if any) whichever is later. Vendor to confirmwhether drawing approval is required by them (Yes/No)

15 Please confirm that you have quoted Freight Charges andInsurance Charges from your works to BPCL CRDCGreater Noida on Door Delivery basis by Road, in yourPrice Bid.

16 Please Provide the Ve