tender for - bharat petroleum...bharat petroleum corporation ltd., invites bids for the tender for...

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BHARAT PETROLEUM CORPORATION LTD

CENTRAL PROCUREMENT ORGANISATION-REFINERIES

MUMBAI REFINERY, MAHUL

MUMBAI – 400074

TENDER FOR

Disposal of Used / Scrapped Spent Catalysts off-loaded from the

Hydrocracker, Hydrogen Generation and Aromatic Units at BPCL Mumbai

Refinery.

REF. : TENDER NO: CPO(R)/DISP/01/2017

E-TENDER NO: 19925

Due Date and Time for Submission of Bids :

20th March 2017- 13:00 hrs (IST)

Pre-Bid Meeting : 10th February 2017 -10:00 hrs

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1.0 INTRODUCTION :

Bharat Petroleum Corporation Ltd., invites bids for the tender for Disposal of Used / Scrapped Spent

Catalysts off-loaded from the Hydrocracker, Hydrogen Generation and Aromatic Units at BPCL Mumbai

Refinery on “As is Where is Basis “ as mentioned below:

Tender can be downloaded from any of the following websites :

• e-Procurement Portal : https://bpcleproc.in

• BPCL Web : https://www.bharatpetroleum.in/tenders/view-tenders.aspx → Select Department →

CPO (Refineries)

• Central Public Procurement Portal : http://eprocure.gov.in/cppp

Bids are to be submitted in the online bidding platform on BPCL’s e-tendering portal: https://bpcleproc.in.

Important : All updates, amendments, corrigenda, due date extensions etc., (if any) will be posted on the e-

tendering portal / websites as and when required. There will not be any publication of the same through

newspapers or any other media.

2.0 TENDER PROGRAMME SCHEDULE :

PRE-BID MEETING : 10TH FEBRUARY 2017, 10:00 HRS.(IST) at BPCL MUMABI REFINERY.

LAST DATE FOR SUBMISSION OF BIDS : 20TH MARCH 2017, 13:00 HRS.(IST).

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3.0 INDEX :

Techno-commercial Bids (un-priced bids) and Price bids can be submitted by uploading through BPCL’s e-

tendering portal: https://bpcleproc.in. For submission of bid through e-portal, bidder will need a digital

signature and should register in the e-portal. For any assistance in obtaining digital signature, registration

and submission of Bid documents through e-portal, bidders may contact our e-tendering service provider.

The complete set of tender documents consist of the following:

Part No. Sr. No. Description Annexure No.

Part-1

1 INSTRUCTION TO BIDDERS 1

2 SPECIAL TERMS & CONDITIONS 2

3 GENERAL TERMS & CONDITIONS 3

4 UN-PRICED BID 4

5 DEVIATION FORMAT 5

6 FORMAT OF ACCEPTANCE – CUM - REGISTRATION FORM 6

7 INTEGRITY PACT AGREEMENT FORMAT 7

8 INFORMATION ON E-TENDERING PORTAL 8

Part-1 (Techno-commercial Un-Priced bids) Scanned copy of signed and stamped documents to be uploaded

on BPCL e-tendering portal i.e. https://bpcleproc.in

Part-2 9 PRICED BID FORMAT 9

Part-2 (Price bid) to be filled on BPCL e-tendering portal i.e. https://bpcleproc.in

4.0 CONTACT PERSONS

1) Please note that the tender enquiry is invited through e-tendering mode. In case of any clarification

regarding the tender, following are the contact persons:-

FOR E-TENDERING RELATED ISSUES:

If tenderers need some clarifications or are experiencing difficulties while enrolling or while

participating in this e-Tender, please e-mail to the following E-Mail ID along with the snapshots of

the errors being faced to:

E-Procurement Technologies Limited (Procure Tiger)

Bidders Help Desk No. : 079-40016868

Email: [email protected]

Ajay Nandangi : Contact: 8433615195

E-Mail: [email protected]

FOR OTHER CLARIFICATIONS:

For any commercial clarifications regarding this RFQ, please contact:

Shri H.P.Panchal, Procurement Manager-CPO(R), BPCL – Mumbai Refinery, Mahul, Mumbai-400074.

Tel no. 022-25533117, e-mail: [email protected]

Shri S. Sriram, Procurement Leader-CPO(R), BPCL – Mumbai Refinery, Mahul, Mumbai-400074.

Tel no.: 022-2553 3102, e-mail: [email protected]

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ANNEXURE – 1

1. INSTRUCTION TO BIDDERS:

1.1. BPCL intends to dispose of Used / Scrapped Spent Catalysts being off-loaded from the Hydrocracker,

Hydrogen Generation and Aromatic Units at BPCL Mumbai Refinery on “As is Where is Basis. The Spent

Catalyst consists of various various catalysts used in the above units, off-loaded & packed in Metal

Drums/ Jumbo Bags, Unit/Reactor wise as per details given below.

Sr.No. Catalyst Total (Kg.) Equip. No. Composition

A RMP NHGU

1

Hydrogenator

Catalyst HDMax250

TRX

13000 R301 Aluminum oxide 75-90 Molybdenum III

oxide 10-20 Cobalt oxide 2-8

2 Sulfur guard bed Actisob

S2(C7-6) 74000 R302A/B Zinc oxide 85-95% Alumina Cement 5-15%

3 Prereformer catalyst

Refor Max 100 RS 17250 R303

Nickel 20-35 Nickel oxide 20--35 Aluminum

oxide 15-25 Silica, Amorphous 2-10 Calcium

oxide 2-10 Magnesium oxide 2-10 Rare

earth 2-10

4 Reformer Catalyst R –

67 – 7H 21000 F301

Nickel oxide 15-20 Magnesium oxide 20-25

Aluminum oxide 40-55

5 MT Shift shift Max 300 35000 R304 Zinc oxide 40-50 Copper oxide 40-45

Graphite 2-4 Aluminum oxide 10-15

6 MT Shift Max C1 2000 R304 Chromium (III)oxide 9-12 Zinc oxide 53-63

Copper oxide 18-22 Graphite 1-5 Aluminum

oxide 10-13 Chromium (VI)oxide <1

7 LT Shift LK823 44000 R305 Copper oxide 45-55 Zinc oxide 25-35

Aluminum oxide 5-15 Cesium carbonate

0.5-2

B HCU

8 GSK-6A 786 R 201

Al2O3 >60%, MoO3<10%, nickel

molybdenum oxide <5%, aluminum

orthophosphate <5%, NiO <2.5%.

9 ICR 161 NAQ 4932 R 201 Al2O3 >60%wt,MoO3(5-10%wt),

Aluminium phosphate(1-5% wt),NiO(0.1-

0.99%)

10 ICR 131 NAQ 20666 R 201

Al oxide 60-90%wt, Mo trioxide 5-10%wt,

Mo Ni oxide <5%, Al phosphate 2.5-10%, Ni

oxide<5%wt

11 ICR 511 NAQ 39022 R 201 Aluminium oxide 25-50%, Molybdenum

trioxide 10-25%, Molybdenum nickel oxide

2.5-10%, Aluminium phosphate 2.5-10% 16182 R 202

12 ICR 240 NAQ

41611 R 201 Al oxide 25-50%, Tungsten trioxide 25-

30%, Ni oxide < 5%, Al silicate 10-25% 22733 R 202

12736 R 203

13 ICR 142v2NAQ 87994 R 202

Al oxide 40-70%wt, Al silicate 30-60%wt,

Tungsten oxide 10-30%, Nickel oxide 5-10

%wt, zeolites,aluminosilicates 3-7%wt

C Hydro de sulfurization (HDS) unit of ARU

14 TK527 Haldor Topse 6535 80-90% Aluminium Oxide

7-13% Molybdenum trioxide

1-3% Nickel oxide

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The above spent catalyst Sr. No. 1 to 13 will be off-loaded during RMP Complex Turn around in last week

of February 2017. These spent catalyst would be offloaded in open Jumbo bags / polythene bags, stored

in drum of 200 litre capacity adhering to UN3190 standards, and drums would be sealed & labeled /

tagged to enable LOT wise identification. MSDS of the fresh catalysts are available.

Spent catalyst Sr. 14 was off-loaded from Hydro de sulfurization (HDS) unit of ARU and kept in drums at

BPCL warehouse.

Quality of various grades mentioned above are based on MSDS of concerned fresh catalysts. Since

catalyst off-loading is using vacuum from the top, mixing is likely to occur and catalysts are not

regenerated.

Quantities mentioned above are estimated quantities based on fresh catalysts loaded. Actual quantity

will be ascertained after off-loading. Hence actual quantity may vary by + 20%.

1.2. Offers are invited from parties who are Recyclers/ Reclaimers approved by Central/State

Pollution Control Boards(CPCB/SPCB) or by other Statutory authorities and interested to take the

material from BPCL Mumbai Refinery on “As is Where is Basis “.

1.3. Actual quantity of spent catalyst will be ascertained after carrying out actual weighment of filled

drums at the time of delivery.

1.4. The disposal would be through competitive bidding. The party interested in bidding shall visit BPCL

Mumbai Refinery, Mahul, Mumbai-400074 and collect the samples from each items (Lots) as

mentioned above. The bidder can analyses the samples and can submit their bids mentioning the

Rate per Kg of Spent Catalyst in the prescribed format as mentioned elsewhere in the tender

document. The rate per kg. quoted by the bidders shall be multiplied with total quantity of spent

catalyst including drum weight. The bidder with highest evaluated price would be successful

bidder.

1.5. Bidders should have valid license/ permission/ certificate issued by Central/ State Pollution

Control Board (CPCB/ SPCB)/ other statutory authorities for re-cycling/ reprocessing/ handling

this type of hazardous waste. The bidder should have capacity to process entire lot from BPCL.

Copy of valid license/ permission/ certificate shall be submitted by the Bidders along with the

Techno-commercial bid (Un-priced bid). Permission shall be valid for the period within which the

processing of material & disposal of waste arising therefrom is expected to be completed.

1.6. Bidders should have past experience of purchasing & handling similar hazardous waste of spent

catalyst generated in refineries / petrochemicals. Documentary evidence to substance this claim

to be submitted with the Techno-commercial / un-priced bid.

1.7. Bidder should not have been previously holiday listed/ blacklisted by BPCL or any other Public

Sector Undertaking.

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2. PRE-BID MEETING:

2.1. A pre-bid meeting will be arranged at BPCL Mumbai Refinery on date as mentioned above.

Interested bidders may attend the meeting and seek clarifications if any required. CPO-Refineries

contact persons for this tender may be contacted over phone/e-mail for enabling participation in

the pre-bid meeting.

3. Earnest Money Deposit (EMD):

3.1.1. Interested Indian bidders are required to submit their bids in two part bids along with Copy of

valid license/ permission/ certificate and Earnest Money Deposit (EMD) amount of Rs. 2,50,000/-

(Rupees Two Lakh Fifty Thousand only) by demand draft / Pay Order (Cheque or Cash will not be

acceptable) drawn on any Nationalised Indian Bank in favour of “Bharat Petroleum Corporation

Limited” payable at Mumbai. Demand Draft to be submitted in a sealed envelope, by post/

courier to The General Manager, CPO-Refineries, Bharat Petroleum Corporation. Ltd., Mumbai

Refinery, Mahul, Mumbai – 400 074, Maharashtra State, India, so as to reach on or before the

bid due date.

3.1.2. EMD can be paid also through electronic funds transfer to BPCL Bank Account proof of which may

be enclosed with the Intention to Bid submitted to the above address: BPCL Bank details are as

under:

3.1.3. EMD will not carry any interest. BPCL will encash all the EMD received and EMD of successful

bidder (highest bidder) shall be returned after completion of upliftment. EMD of other

unsuccessful bidders will be returned after release of sale order to the successful bidder.

3.1.4. Bids without EMD will not be considered and will be rejected summarily

3.1.5. Bidders are required to sign a Non-Disclosure Agreement (NDA) with the original catalyst supplier

as per the prescribed format, before lifting the material if applicable.

3.2. Bidders, who have submitted their EMD amount as mentioned above, will be invited to attend

total weighment of filled drums of 2 items of the spent catalyst at BPCL Mumbai Refinery. Bidders

can witness packing activities. Packing and sealing of drums will be carried out in the presence of

1 Name of the Beneficiary Bharat Petroleum Corporation Ltd

2 Name of the Bank Standard Chartered Bank

3 Branch Code 222

4 Branch Address 90, M G. Road, Mumbai 4000 001

5 Branch Telephone 18002663666/18001033666

Fax no 022-267588081/26758822

6 NEFT IFSC Code SCBL0036001

7 Account Type 11 (Current )

8 Account No. 22205020115

9 RTGS IFSC Code -

10 MICR Code 400036002

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the participating bidders. Final quantities in packed & sealed drums would be recorded separately

for both items. BPCL will not responsible, if bidder does not participate for final weighment of

filled drums.

3.3. After checking of the sample drawn, the bidders are required to submit their bids in two parts

i.e. Techno- Commercial (un-priced) bid and Price bid (in e-platform) on or before the bid due

date as mentioned above. Bids cannot be submitted in e-platform after the said bid due date.

Price bid opening date will be communicated to techno-commercially qualified bidders.

3.4. Bidders are expected to submit their bids accepting all the terms & conditions set forth in this

tender document. Deviations, if any, shall be clearly mentioned in the format in Annexure 5. of

this tender document. Deviation if mentioned anywhere else may not be considered. In case of

no deviation, Annexure J may be submitted with NIL deviation.

3.5. The rate per kg. Quoted by the bidder will be multiplied with total quantity of spent catalyst

including drum weight. Since quantities for all the line items given in the tender are approximate

quantity, full Payment shall be made as per tender quantity and if any reduction in quantity,

amount for reduced quantity will be refunded by BPCL. Any increase in the quantity, bidder has

to make payment for the increased quantity before uplifting of this quantity of material.

4. Submission of Bids :

4.1. Part-1 : . Techno- Commercial bid, i.e., Un-priced Bid shall have the following information/ details:

a. Acceptance –cum-Registration Form (Annexure -6) duly filled in

b. Proof of submission of EMD – Scanned copy of Demand Draft / Copy of Bank Transfer

confirmation to be uploaded in e-procurement platform.

c. Duly attested copies of valid license/ permission/ certificates issued by Central/ State

Pollution Control Board (CPCB/ SPCB)/ other statutory authorities for re-cycling/

reprocessing/ handling this type of hazardous waste.

d. Integrity Pact Document (Annexure-7), duly signed and stamped.

a. Annexure 4 (Un-priced bid) with prices Blanked off, and filling up the information of Factors

in % and Ex. Duty, VAT/ CST & TCS applicability as required therein.

b. Any other relevant information.

c. Annexure 1, 2 and 3 (Instruction to Bidders, Special Terms & Conditions and General Terms

& Conditions) of this tender document, duly signed and stamped on all pages, as a token of

acceptance of terms & conditions mentioned therein.

d. Deviation Form in Annexure 5 duly filled and signed.

e. Documentary evidence for past experience of purchasing & handling similar hazardous

waste of spent catalyst generated in refineries / petrochemicals.

4.2. Part-3 i.e. Price Bid shall be filled in our e-procurement portal:

a. Price per Kg of Spent Catalyst (including drum weight).

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ANNEXURE – 2

SPECIAL TERMS & CONDITIONS :

1. Price:

1.1 Your bid should be for the Basic price, for delivery ex-BPCL, Mumbai Refinery. Quote shall remain firm

for 90 days after price bid opening date, for acceptance & placement of sale order by BPCL.

1.2 Excise Duty, taxes and other Govt. Levies as applicable on the date of delivery shall be payable by the

buyer, in addition to the basic sale price. Buyer will have to pay variations also if any, in applicable

government levies, till complete up liftment and final settlement.

1.3 As the Government of India is likely to introduce a uniform tax system across India i.e. The Goods and

Services Tax or GST which will replace various taxes & duties levied currently by the Central and State

governments. Hence if GST is applicable before finalization of this tender, the same shall be applicable

and price evaluation shall be done based on new GST.

1.4 Bid price shall be Rate per KG of the spent catalyst which shall be quoted by the bidders based on

recoverable Metal content as per the samples collected by the bidders and their evaluation. Quoted

rate per Kg shall be calculated for the total gross weight of Spent Catalyst inclusive of the drum weight.

1.5 BID SUBMISSION PRICE:

1.5.1 Bidders will be required to quote for the following after final quantities including drum weight (after

packing) separately for each lots of Spent Catalyst in Techno commercial (Un-priced Bid) as per

Annexure-4.

1.5.2 Bidders will be required to fill the PRICE BID in our e-procurement portal as per Annexure-9.

2. OPENING OF BIDS

2.1 Techno-commercial Bids (unpriced bids) will be opened in the e-tendering platform as per tender

opening schedule mentioned. Bidders can witness the price bid opening at BPCL CPO-Refineries

or view the information regarding bid opening by logging onto the e-tendering platform.

2.2 Information / documents submitted in the un-priced bids would be evaluated by BPCL to ascertain

eligibility of bidders with reference to the terms & conditions mentioned in this tender document.

Only Bidders who are meeting the requirements as per the tender will be qualified. Price bids of

such qualified bidders only will be opened & evaluated by BPCL to decide the successful

bidder/bidders. Date & time of opening the price bids would be intimated to the qualified bidders

prior to price bid opening.

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3. EVALUATION

Evaluation will be done on each item wise highest quote basis. The rate per kg. quoted by the bidders

for each item shall be multiplied with total quantity of respective spent catalyst including drum weight

for each item. Evaluation of quotes shall be done based on the total realizable value (basic price) for

the total gross weight basis of Spent Catalyst inclusive of the drum weight for each items (lots)

separately. The bidder with highest evaluated price in each items would be successful bidder.

Evaluation of quotes shall be done on item wise highest quote basis. Sale order shall be issued based

on the rate quoted by the successful bidders for the items.

4. Payment Terms & Material Lifting Time:

4.1 BPCL will issue a Sale Order to the successful Bidder and bidder shall make full payment including

taxes & duties, for the total quantity, in advance, before upliftment of the material. Payment shall

be made within 15 days after issue of Sale Order. Payment to be made by demand draft OR

electronic transfer. Cash/ Cheque will not be accepted.

4.2 Material Lifting Time for Indian Bidders:-

Material shall be lifted out of our Refinery premises within 7 days of effecting payment.

4.3 Bidder shall pay the full sale order value within 15 days after issue of Sale Order failing which action

as under will be taken without any recourse:

a) Buyer’s EMD will stand forfeited.

b) The Sale letter will be treated as cancelled and BPCL shall have right to dispose off the materials.

No claim whatsoever from the buyer shall be entertained, in such a case.

c) The buyer shall be black listed and debarred from participation in our future disposal processes.

Note : EMD payment will not be adjusted against the Sale value. EMD of successful bidder will be

returned only after the completion of the disposal activity & submission of No Claim Certificate.

4.4 Buyer will not have choice to select the materials, and has to uplift the materials from BPCL Mumbai

Refinery, within 7 days (Indian bidders) of making full payment, failing which BPCL is at liberty to

dispose off the un-lifted material any time after the 7 days are over. In addition, 100% payment

and the EMD collected from the buyer will stand forfeited.

5. Used Catalyst Management:

5.1 Bidder will take suitable steps for arranging spent catalyst utilisation at his works which may

include necessary processing, metal removal & residual catalyst disposal in accordance with

environmental norms.

5.2 Legislation :

All the applicable rules and regulations stipulated by Ministry of Environment and Forests (MOE&F)

under Govt. of India, Central and State (Maharashtra) Pollution control boards and any statutory

bodies must be complied by the Bidder.

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Material is sold on As Is Where Is Basis. All expenses in getting clearances from the authorities --

Government of India, State Governments of Maharashtra/ Governments in the bidders’ country of

origin shall be borne by bidder. All the legal and other formalities including Hazardous Wastes

(Management, Handling and Transboundary Movement) Rules 2008 of Ministry of Environment and

Forests, Government of India for transportation shall be arranged for and complied by the

bidder. All expenses such as freight, incidental charges, transit insurance, taxes etc., are also to be

borne by bidder.

5.3 The successful Bidder shall issue a Certificate of Release of Responsibility to BPCL after the spent

catalyst is shifted outside the premises of BPCL - Mumbai Refinery. While BPCL - Mumbai Refinery

will help in arranging the documentation related to Road Transport of Spent catalyst, the

responsibility for handling the spent catalyst outside the premises of BPCL - Mumbai Refinery shall

lie solely with the successful Bidder.

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ANNEXURE - 3

1. GENERAL TERMS & CONDITIONS :

1.1. The terms Buyer(s)/ Contractor(s) appearing anywhere in this tender document refers to the

successful bidder on whom sale order is placed by BPCL for the subject material.

1.2. Sale is on “AS IS WHERE IS BASIS, CLEAN SWEEP BASIS AND NO COMPLAINT BASIS”. No complaint

regarding quality, quantity, or composition of the material will be entertained.

1.3. The quantity indicated in this tender is only an approximate estimated quantity No additional /

extra claims on account of variation in quantity will be entertained.

1.4. The Bidders cannot retract from their offers. If done so, the EMD will be forfeited & buyer will be

debarred from participating in our future tenders. Any taxes, duties, etc. payable by the successful

Bidder outside India shall have to be borne by the successful Bidder only.

1.5. BPCL reserves the right to withdraw wholly or partially any or all the items set for sale at any time

during the period of contract without assigning any reasons.

1.6. Rights of participation will be for bidders, who, after inspecting the material, pre-qualify

themselves by paying the EMD and whom BPCL has not previously blacklisted. Final decision

regarding participation of the bidder will be with BPCL.

1.7. Sale confirmation, Sale Order, Invoices, Delivery Challans, etc. will be released only in the name of

the Company that has initially registered and participated in the tender. There will not be any

changes between the registration and completion of transaction.

1.8. Successful bidder should make all arrangements for further packing, if required, for uplifting and

transportation.

1.9. The Buyer shall arrange for all tools and tackles, forklifts or hoists or cranes and/ or labour at their

own expenses. While inspecting of material and at the time of lifting of material, ALL SAFETY RULES

OF THE COMPANY HAVE TO BE FOLLOWED STRICTLY. The buyer also confirms to have read all the

general rules as laid by BPCL, with regard to employment of labour for the removal of scrap

material.

1.10. While taking delivery of the material, if any damage is done to the premises or other machinery

lying nearby, the Company shall recover all such costs required to rectify the damage and bring the

material back into the original position and stop delivery of the material till all the costs are paid.

1.11. The decision of BPCL is final and binding in all matters related to this sale.

1.12. Material lifting shall be as per the guidelines of BPCL only. Buyer shall have no rights to choose /

pick the material from the total lot.

1.13. Partial lifting shall result in forfeiture of EMD and Sale Value paid in advance. The lifting should be

completed within due time frame agreed. Failure to abide by the agreed terms and conditions of

the tender and shall result into forfeiture of EMD and BPCL will be at their liberty to sell the subject

lot to any third party and debit the differential amount to Buyer’s account.

1.14. No advantage shall be taken either by the company of the bidder who has been awarded the

contract/sale order (herein after referred to as the “Contractor”) of any clerical error or mistake,

which may occur in the specification, schedule of rates, plans tender or any other papers supplied

to or by the contractor in connection with the work.

1.15. The rate per kg. Quoted by the bidder will be multiplied with total quantity of spent catalyst

including drum weight. Since quantities for all the line items given in the tender are approximate

quantity, full Payment shall be made as per tender quantity and if any reduction in quantity,

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amount for reduced quantity will be refunded by BPCL. Any increase in the quantity, bidder has to

make payment for the increased quantity before uplifting of this quantity of material.

1.16. Inspection of Site :

The bidder has been given an opportunity before or at the time of the entrusting of the work to

him, of making an inspection of the site to set at rest any doubts he may have had about the

difficulties attending his offer, and any difficulties which may be met with by him in the course of

the execution of the work shall neither relieve him from fulfilling the terms of this

contract/Agreement, nor entitle him to claim extra payment or an extension of the period by the

Company’s authorized Engineer-in-Charge that such difficulties could not have been foreseen.

1.17. Once the sale order is issued, permission to the successful Bidder to inspect the material under

disposal again prior to upliftment shall not be granted to the successful Bidder unless the payment

as per Sale order Terms & conditions is paid by the successful Bidder.

1.18. Subletting Agreement :

The contractor shall not sublet or assign the work or any part thereof to another party without the

written consent of the company first obtained and no such subletting or assignment shall relieve

the contractor from the full and entire responsibility of his obligation under this Agreement.

1.19. Removal of Materials:

1.19.1. It will be the responsibility of successful buyer to weigh the empty truck at the

weighbridge and produce the necessary weigh certificate so that the weight of the empty

truck will be deducted from the weight of the fully loaded truck.

1.19.2. In order to facilitate the Company to complete the transaction before 3.30 P.M. The

goods should be collected before 3.00 P.M. on any working day with prior appointment

with the concerned Department within the stipulated delivery days.

1.19.3. Material must be removed by the buyer before stipulated time. Once the goods /

materials are taken out of the factory gate, buyer will be solely responsible for all sort of

claims like shortage, missing parts, damage, incident, accident, loss of material etc.

1.19.4. Once uplifted material left BPCL gate, BPCL should be indemnified with all kinds of

external effect, whatsoever may be.

1.19.5. Should the original buyer wish to take delivery of the material through a representative,

he must authorize the latter by a letter of authority or continuing authority, which shall

be presented to the officer concerned. The officer concerned may in his entire discretion,

decline to act on any such authority and it shall be for the buyer to satisfy the officer

concerned that the authority is genuine. Delivery to such person shall be sole

responsibility of the buyer and no claim shall lie against the Company on any account

whatsoever, if delivery is offered to a wrong person.

1.19.6. All workmen employed by the buyer has to use personal protective equipment’s like hand

gloves, safety shoes, & helmets etc., while loading and unloading of the material. Buyer

has to make arrangement for these equipment’s before entering the Refinery.

1.19.7. Workers entering the Refinery premises for uplifting the material will be required to fill

up personal particular form and complete other formalities as directed by the office of

the Asst. Commandant, CISF and/or any other concerned Govt. authorities.

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1.19.8. The buyer has to ensure that his/their workers are covered under ESI/PF & submit the

proof to our IR department without which we will not be able to allow them inside the

Refinery.

1.19.9. Quantity is subject to the availability of material and BPCL’s ability to sell the same. The

material will be allotted to the buyer for uplifting strictly on “as is and where is and clean

sweep basis”. It is to be stated that the quantity mentioned above is only indicative and

there is no commitment whatsoever by us. BPCL does not and cannot guarantee any

specific quality of the material available for sale. The material is to be lifted from site

strictly on “as is where is & clean sweep” basis in its entirety irrespective of the quantity

allotted.

1.19.10. Only representative of the buyer authorized by the Company will be allowed for the

loading / handling of the material. However if the need arises for additional person, the

same may be allowed only at the discretion of the BPCL Management.

1.19.11. BPCL will in no way be responsible for any accident, damage or injury to the contract’s

workman or equipment while on site / premises. No claims for damages occurred due to

accidents at the time of inspection or at the time of Material lifting for men as well as

Machineries will be entertained.

1.19.12. Inspection must be done with prior appointment only.

1.19.13. Delivery of the material to be taken within the period given in our sale letter. Roaming in

the premises of the company, without permission, is strictly prohibited.

1.19.14. BPCL will allow only successful bidder to uplift the materials from the refinery premises.

No delivery would be effected by the Company to any person other than the Buyer whose

name is mentioned in the delivery order.. Under any circumstances, BPCL will not permit

the successful bidder to negotiate or sell the materials in any lot or part of a lot to any

other party while the goods are still lying within the premises of the Company from inside

the refinery premises.

1.19.15. The following also to be taken note of in this connection :

a) Lift & load all materials on trailer / truck using your own lifting equipment’s, cranes

and tools & tackles. All cranes, lifting equipment tools & tackles shall have latest load

testing certificates.

b) Clear the areas of all debris and waste materials on day-to-day basis and after

completion of all works.

c) No segregation of material will be allowed inside the refinery. Buyer shall lift the

material on “as is where is” condition.

d) All scrap and associated material / debris shall be taken out by the buyer outside the

Refinery without giving rise to any complaints from municipal and other local

authorities. Buyer shall keep BPCL indemnified from and against any such complaints.

1.20. Termination of Contract:

The Company reserves the right to terminate the contract at any time by giving three days’ notice

on any of the following grounds:

a. Unsatisfactory execution or performance of the contract by the Buyer.

b. Improper behavior of the Buyer or breach of the terms and conditions of the contract.

c. Delay in more than 15 days in picking up of the deliveries of the material, after the sale

order has been accepted.

d. Misbehavior with any of the staff of BPCL.

e. Picking up any materials, which is not sold to them and found in their truck or Vehicle.

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1.21. Workmen’s Compensation Liability

The contractor shall hold BPCL harmless and indemnified from and against all Claims, costs and

charges for which the company shall be liable under the Workman’s Compensation Act, 1923 and

any amendments thereof and the expenses to which it shall put there under, both in respect of

personal injuries (within the meaning of the said Act) to be employees and servants of the

Contractor or Sub-Contractors, (if any), out of or occasioned during the currency of contractor, sub-

contractors and/or the company and/or their respective servants and employees and also respect

of the personal injuries (within the meaning of the said Act) to the servants and employees of the

company arising out of, or occasioned through the acts and omissions whether due to negligence

or not of the contractor, sub-contractor and or their servants and employees in carrying out any of

the provisions of this agreement. This indemnity shall be in addition to and not in lieu of any

indemnity to which the company shall be entitled in law. The Contractor shall at his own expense

effect and maintain, until the completion of the work, with an approved office a Policy of Insurance

in the joint names of the company and the contractor against such risks and deposit such Policy or

policies with the company from the time to time during the currency of this agreement. The

contractor shall be responsible for anything not included in the Insurance Policies above referred to

also for all other damage to person or property, arising out of or incidental to the negligent or

defective carrying out of this agreement and shall keep the company harmless and indemnified.

1.22. Safety Regulation:

The contractor shall ensure that he, his subcontractor and his, or their personnel or representative

shall comply with all safety regulations issued from time to time by the Company or otherwise

howsoever and should any injury resulting in death or not or damage to any property occur as result

of failure to comply with such regulations the Contractor shall be held responsible for the

consequences thereof shall keep the Company harmless and indemnified.

1.23. Jurisdiction

This agreement shall be deemed to have been made in Mumbai and shall be construed according

to the laws of India and the performance by the contractor of any contract on his part therein

contained shall be considered due in Mumbai for the purpose of jurisdiction.

1.24. Arbitration :

1.24.1. Any dispute or difference of any nature whatsoever, any claim, cross-claim, counter-claim or set

off of the Company against the Contractor or regarding any right, liability, act, omission or account

of any of the parties hereto arising out of or in relation to this agreement shall be referred to and

finally resolved by Sole Arbitrator, who shall be appointed by Director (Refinery) of BPCL as per

the procedure given in sub-clause (b) given herein below.

1.24.2. Procedure for appointing the sole arbitrator: A party wishing to commence an arbitration (the

“Claimant”) shall file with the Director (Refinery) of BPCL a Notice of Arbitration which shall

comprise:

i. a demand that the dispute be referred to arbitration;

ii. a reference to the arbitration clause or the arbitration agreement that is invoked and a copy of

it;

iii. a reference to the contract out of or in relation to which the dispute arises and where possible,

a copy of it;

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iv. a brief statement describing the nature and circumstances of the dispute, specifying the relief

claimed and, where possible, an initial quantification of the claim amount.

v. any other details which the claimant wishes to refer and rely upon.

Upon receipt of the above notice of arbitration, the Director (Refinery) of BPCL shall appoint the

Sole Arbitrator as per the provisions of the Arbitration and Conciliation Act, 1996.

1.24.3. The venue of arbitration shall be Mumbai (in case of Mumbai Refinery) or Kochi (in case of Kochi

Refinery). The award of the arbitrator so appointed shall be final, conclusive and binding on all

parties to the agreement subject to the provisions of the Arbitration & Conciliation Act, 1996 or

any statutory modification or re-enactment thereof and the rules made thereunder for the time

being in force shall apply to the arbitration proceedings under this clause.

1.24.4. The arbitrator shall have power to order and direct either of the parties to abide by, observe and

perform all such directions as the arbitrator may think fit having regard to the matters in

difference i.e. dispute, before him. The arbitrator shall have all summary powers and may take

such evidence oral and/or documentary, as the arbitrator in his absolute discretion thinks fit and

shall be entitled to exercise all powers under the Indian Arbitration & Conciliation Act 1996

including admission of any affidavit as evidence concerning the matter in difference i.e. dispute

before him.

1.24.5. The parties against whom the arbitration proceedings have been initiated, that is to say, the

Respondents in the proceeding, shall be entitled to prefer a cross-claim, counter claim or set off

before the Arbitrator in respect of any matter in issue arising out of or in relation to the

Agreement without seeking a formal reference of arbitration for such counter-claim, cross claim,

or set off and the Arbitrator shall be entitled to consider and deal with the same as if the matters

arising therefrom has been referred to him originally and deemed to form part of the reference

made by the Director(Refinery).

1.24.6. The arbitrator shall be at liberty to appoint, if necessary any accountant or engineering or other

technical person to assist him, and to act by the opinion so taken.

1.24.7. The arbitrator shall have power to make one or more awards whether interim or otherwise in

respect of the dispute and difference and in particular will be entitled to make separate awards

in respect of claims of cross claims of the parties.

1.24.8. The arbitrator shall be entitled to direct any one of the parties to pay the costs to the other party

in such manner and to such extent as the arbitrator may in his discretion determine and shall also

be entitled to require one or both the parties to deposit funds in such proportion to meet the

arbitrators expenses whenever called upon to do so.

1.24.9. The parties hereby agree that the courts in the city of Mumbai (in case of Mumbai Refinery) or

Kochi (in case of Kochi Refinery) alone shall have jurisdiction to entertain any application or other

proceedings in respect of anything arising under this agreement and any award or awards made

by the Sole Arbitrator hereunder shall be filed (if so required) in the concerned courts in the city

of Mumbai (in case of Mumbai Refinery) or Kochi (in case of Kochi Refinery) only.

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1.25. INTEGRITY PACT (IP)

1.25.1. All bidders who are submitting their offer against this tender issued by BPCL, CPO-Refineries are

required to sign the BPCL Integrity Pact Document. The Proforma of Integrity Pact (IP)- Annexure

M shall be returned by the Bidder/s along with the bid documents (technical bid in case of 2 part

bids), duly signed by the same signatory who is authorised to sign the bid documents. All the pages

of the Integrity Pact shall be duly signed. Bidder's failure to return the IP duly signed along with

bid documents shall result in the bid not being considered for further evaluation.

1.25.2. If the Bidder has been disqualified from the tender process prior to the award of the contract in

accordance with the provisions of the IP, BPCL shall be entitled to demand and recovered from

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

1.25.3. If the contract has been terminated according to the provisions of the IP, or if BPCL is entitled to

terminate the contract according to the provisions of the IP, BPCL shall be entitled to demand and

recovered from Contractor Liquidated Damages amount by forfeiting the Security

Deposit/Performance Bank Guarantee as per provisions of the IP.

1.25.4. Bidders may raise disputes/complaints, if any, with the nominated Independent External Monitor

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

Shri Brahm Dutt

Address : 1/8 Safdarjung Enclave, New Delhi - 110 029.

E-mail : [email protected]

Mobile No. : 09871920282

1.26. POLICY FOR ‘HOLIDAY LISTING’ OF VENDORS IN BPCL:

1.26.1. The guidelines for holiday listing shall be applicable as per web link given below:

https://bharatpetroleum.in/pdf/holidaylistingpolicyfinal.pd

1.27. GENERAL POINTS:

1.27.1. BPCL reserves the right to extend due dates of tender, accept or reject any tender in part or full,

without assigning any reason whatsoever. BPCL also reserves its right not to accept the lowest

rates quoted by the bidders and also to give purchase preference to Public Enterprises, as

admissible under the existing policies of Government of India and to JVs/ Subsidiaries as per BPCL

guidelines.

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

1.27.3. Any effort by bidder or bidder’s agents, consultant or representative, howsoever described, to

influence the owner in any way concerning scrutiny/ consideration/ evaluation/ comparison of the

bid or decision concerning award of contract shall entail rejection of the bid.

1.27.4. BPCL reserves the right to reject any or all the tenders without assigning any reasons whatsoever.

Also BPCL reserves the absolute right to reject any or all the bids/tenders solely based upon the

past unsatisfactory performance by the bidder/bidders in BPCL, the opinion/ decision of BPCL

regarding the same being final and conclusive.

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ANNEXURE - 4

UN-PRICED BID

“We have seen the lot/ lots described below, verified the quantity/material from Warehouse/ Site and

accordingly quote for the same”

Sr.No. Catalyst

Total

weight

without

drum (Kg.)

Total

weight with

drum (Kg.)

Unit Price in Rs. per Kg of

Spent Catalyst

A RMP NHGU

1 Hydrogenator

Catalyst HDMax250 TRX 13000 15370

Quoted /

Non Quoted

2 Sulfur guard bed Actisob S2(C7-

6) 74000 80180

Quoted /

Non Quoted

3 Prereformer catalyst Refor Max

100 RS 17250 19070

Quoted /

Non Quoted

4 Reformer Catalyst R – 67 – 7H 21000 23470 Quoted /

Non Quoted

5 MT Shift shift Max 300 35000 38280 Quoted /

Non Quoted

6 MT Shift Max C1 2000 2170 Quoted /

Non Quoted

7 LT Shift LK823 44000 48170 Quoted /

Non Quoted

B HCU

8 GSK-6A 786 916 Quoted /

Non Quoted

9 ICR 161 NAQ 4932 5652 Quoted /

Non Quoted

10 ICR 131 NAQ 20666 23576 Quoted /

Non Quoted

11 ICR 511 NAQ 55204 63214 Quoted /

Non Quoted

12 ICR 240 NAQ 77080 88260 Quoted /

Non Quoted

13 ICR 142v2NAQ 87994 100514 Quoted /

Non Quoted

C Hydro de sulfurization (HDS) unit of ARU

14 TK527 Haldor Topse 6535 8115 Quoted /

Non Quoted

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Bidders are required to mention applicable/ not applicable against each of the points mentioned below:

Sr.

No. Description

Applicable /

Not Applicable

Remarks (If mentioned

as Not Applicable,

reasons to be

mentioned here)

1 Excise Duty @ 12.50% of basic price

2 Sales Tax (For Intra State Sale, VAT will be applicable. For Inter State Sale, CST will be

applicable. Bidders are required to strike out whichever not applicable)

2 (a) VAT Extra @ 12.5 % Basic price + Excise duty

(Without ‘C’ Form)

2 (b) CST Extra @ 2 % Basic price + Excise duty

(Against ‘C’ Form)

3

Income Tax-TCS @ 1 % of Basic price + Excise

Duty + Sales Tax (VAT/ CST) without Form 27C.

Income Tax-TCS will be NIL against Form 27 C.

VAT / TIN NO.: ______________________ PAN NO.: ___________________

Excise Registration No : ________________

“I/WE HAVE READ THE TERMS & CONDITIONS OF THIS TENDER & SAME ARE ACCEPTABLE TO

ME/US. ”.

Date : Signature of Authorised Signatory

with Name & designation and Co. Seal.

Name & full address of the Firm :

M/s. _______________________

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Annexure-5

DEVIATION FORMAT :

DISPOSAL TENDER NO. CPO(R)/DISP/02/2016

E-TENDER No.15798

Sl.No. /

Annexure

Reference Clause of Tender

Document

Deviation

Signature of Authorised Signatory


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ANNEXURE - 6

Format of Acceptance – cum - Registration form (to be submitted in the bidder’s Letter Head )

Bidder’s Ref. No : Date :

To:

The General Manager (CPO-Refineries),

Bharat Petroleum Corporation. Ltd.,

BPCL Refinery,

Mahul, MUMBAI – 400074.

Dear Sir,

Sub : Disposal of Used / Scrapped Spent Catalysts off-loaded from the Hydrocracker, Hydrogen

Generation and Aromatic Units at BPCL Mumbai Refinery

Tender No: . CPO(R)/DISP/01/2017, e-Tender No.19925)

I/We confirm having gone through the terms and conditions and agree to take part in the subject at BPCL,

MUMBAI refinery on ‘AS IS WHERE IS BASIS’, “CLEAN SWEEP BASIS “ and “NO COMPLAINT BASIS”.

Having inspected the material and satisfied with the condition and type of the same, I/we also understand

that I/we am/are legally bound to purchase the material at the Price at which I/we place the bid.

Name of the Company ____________________________________________

Contact Person(s) _____________________________________________

Designation _____________________________________________

Address _________________________________________

______________________________________________________

______________________________________________________

Phone/ Fax No. _________________ Mobile No. ________________________

E Mail ___________________________________________________

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Central Excise Registration No:______________________________________

Income Tax PAN No. _________________

VAT/TIN No._______________________

I understand that in the event of any of the above information being found in-correct/ in-complete, the

Participation shall be liable for cancellation by BPCL at any time and I/we shall not be entitled to any claim

for Refund arising from the same.

Signature of Authorised Signatory


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ANNEXURE - 7

BHARAT PETROLEUM CORPORATION LIMITED

Central Procurement Organisation (Refineries)

INTEGRITY PACT

Between

Bharat Petroleum Corporation Limited (BPCL) hereinafter referred to as "The Principal",

And

…………………………………………………………………………………………….. hereinafter referred to as "The Bidder/ Contractor/

Supplier".

Preamble

The Principal intends to award, under laid down organization procedures, contract/s for Tender for “Disposal of Used

/ Scrapped Spent Catalysts off-loaded from the Hydrocracker, Hydrogen Generation and Aromatic Units

at BPCL Mumbai Refinery” (Tender No. CPO(R)/DISP/01/2017, E-Tender No.19925). The Principal values full

compliance with all relevant laws and regulations, and the principles of economic use of resources, and of fairness and

transparency in its relations with its Bidder/s, Contractor/s and Supplier/s.

In order to achieve these goals, the Principal cooperates with the renowned international Non-Governmental

Organisation "Transparency International" (TI). Following TI's national and international experience, the Principal will

appoint an Independent External Monitor who will monitor the tender process and the execution of the contract for

compliance with the principles mentioned above.

Section 1 - Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to observe the following

principles:

a) No employee of the Principal, personally or through family members, will in connection with the

tender, or the execution of the contract, demand, take a promise for or accept, for himself/ herself

or third person, any material or immaterial benefit which he/she is not legally entitled to.

b) The Principal will, during the tender process, treat all Bidders with equity and reason. The Principal will,

in particular, before and during the tender process, provide to all Bidders the same information and

will not provide to any Bidder confidential/ additional information through which the Bidder could

obtain an advantage in relation to the tender process or the contract execution.

c) The Principal will exclude from the process all known prejudiced persons.

(2) If the Principal obtains information on the conduct of any of its employees which is a criminal offence under

the relevant Anti-Corruption Laws of India, or if there be a substantive suspicion in this regard, the Principal

will inform its Vigilance Office and in addition can initiate disciplinary actions.

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Section 2 - Commitments of the Bidder/ Contractor/ Supplier

(1) The Bidder/ Contractor/ Supplier commits itself to take all measures necessary to prevent corruption.

He commits himself to observe the following principles during his participation in the tender process and

during the contract execution.

a) The Bidder/ Contractor/ Supplier will not, directly or through any other person or firm, offer, promise

or give to any of the Principal's employees involved in the tender process or the execution of the

contract or to any third person, any material or immaterial benefit which he/she is not legally entitled

to, in order to obtain in exchange, any advantage of any kind whatsoever during the tender process

or during the execution of the contract.

b) The Bidder/ Contractor/ Supplier will not enter with other Bidders into any undisclosed agreement

or understanding, whether formal or informal. This applies in particular to prices, specifications,

certifications, subsidiary contracts, submission or non-submission of bids or any other actions to

restrict competitiveness or to introduce cartelisation in the bidding process.

c) The Bidder/ Contractor/ Supplier will not commit any offence under the relevant Anti-Corruption

Laws of India; further the Bidder/ Contractor/ Supplier will not use improperly, for purposes of

competition or personal gain, or pass on to others, any information or document provided by the

Principal as part of the business relationship, regarding plans, technical proposals and business

details, including information contained or transmitted electronically.

d) The Bidder/ Contractor/ Supplier will, when presenting his bid, disclose any and all payments he has

made, is committed to, or intends to make to agents, brokers or any other intermediaries in

connection with the award of the contract.

(2) The Bidder/ Contractor/ Supplier will not instigate third persons to commit offences outlined above or be an

accessory to such offences.

Section 3 - Disqualification from Tender Process and Exclusion from Future Contracts

If the Bidder, before contract award, has committed a transgression through a violation of Section 2 or in any other

form such as to put his reliability or credibility as Bidder into question, the Principal is entitled to disqualify the Bidder

from the tender process or to terminate the contract, if already signed, for such reason.

(1) If the Bidder/ Contractor/ Supplier has committed a transgression through a violation of Section 2 such as to

put his reliability or credibility into question, the Principal is also entitled to exclude the Bidder/ Contractor/

Supplier from future contract award processes. The imposition and duration of the exclusion will be

determined by the severity of the transgression. The severity will be determined by the circumstances of the

case, in particular the number of transgressions, the position of the transgressors within the company

hierarchy of the Bidder and the amount of the damage. The exclusion will be imposed for a minimum of 6

months and maximum of 3 years.

(2) A transgression is considered to have occurred if the Principal after due consideration of the available

evidences, concludes that no reasonable doubt is possible.

(3) The Bidder accepts and undertakes to respect and uphold the Principal's absolute right to resort to and impose

such exclusion and further accepts and undertakes not to challenge or question such exclusion on any ground,

including the lack of any hearing before the decision to resort to such exclusion is taken. This undertaking is

given freely and after obtaining independent legal advice.

(4) If the Bidder/ Contractor/ Supplier can prove that he has restored/ recouped the damage caused by him and

has installed a suitable corruption prevention system, the Principal may revoke the exclusion prematurely.

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Section 4 - Compensation for Damages

(1) If the Principal has disqualified the Bidder from the tender process prior to the award according to Section 3,

the Principal is entitled to demand and recover from the Bidder liquidated damages equivalent to Earnest

Money Deposit/Bid Security.

(2) If the Principal has terminated the contract according to Section 3, or if the Principal is entitled to terminate

the contract according to Section 3, the Principal shall be entitled to demand and recover from the Contractor/

Supplier liquidated damages equivalent to Security Deposit/ Performance Bank Guarantee.

(3) The Bidder agrees and undertakes to pay the said amounts without protest or demur subject only to condition

that if the Bidder/ Contractor/ Supplier can prove and establish that the exclusion of the Bidder from the

tender process or the termination of the contract after the contract award has caused no damage or less

damage than the amount of the liquidated damages, the Bidder/ Contractor/ Supplier shall compensate the

Principal only to the extent of the damage in the amount proved.

Section 5 - Previous Transgression

(1) The Bidder declares that no previous transgression occurred in the last 3 years with any other Company in

any country conforming to the TI approach or with any other Public Sector Enterprise in India that could justify

his exclusion from the tender process.

(2) If the Bidder makes incorrect statement on this subject, he can be disqualified from the tender process or the

contract, if already awarded, can be terminated for such reason.

Section 6 - Equal treatment of all Bidders/ Contractors/ Suppliers/ Subcontractors

(1) The Bidder/ Contractor/ Supplier undertakes to demand from all subcontractors a commitment in conformity

with this Integrity Pact, and to submit it to the Principal before contract signing.

(2) The Principal will enter into agreements with identical conditions as this one with all Bidders, Contractors/

Suppliers and Subcontractors.

(3) The Principal will disqualify from the tender process all Bidders who do not sign this Pact or violate its

provisions.

Section 7 - Punitive Action Against Violating Bidders/ Contractors/ Suppliers/ Subcontractors

If the Principal obtains knowledge of conduct of a Bidder, Contractor, Supplier or Subcontractor, or of an employee or

a representative or an associate of a Bidder, Contractor, Supplier or Subcontractor which constitutes corruption, or if

the Principal has substantive suspicion in this regard, the Principal will inform the Vigilance Office.

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Section 8 - Independent External Monitors

(1) The Principal has appointed competent and credible Independent External Monitors for this Pact. The task of

the Monitor is to review independently and objectively, whether and to what extent the parties comply with

the obligations under this agreement.

(2) The Monitor is not subject to instructions by the representatives of the parties and performs his functions

neutrally and independently. He reports to the Chairperson of the Board of the Principal.

(3) The Bidder/ Contractor/ Supplier accepts that the Monitor has the right to access without restriction to all

Project documentation of the Principal including that provided by the Bidder/ Contractor/ Supplier. The

Bidder/ Contractor/ Supplier will also grant the Monitor, upon his request and demonstration of a valid

interest, unrestricted and unconditional access to this project documentation. The same is applicable to

Subcontractors. The Monitor is under contractual obligation to treat the information and documents of the

Bidder/ Contractor/ Supplier/ Subcontractor with confidentially.

(4) The Principal will provide to the Monitor sufficient information about all meetings among the parties related

to the Project provided such meetings could have an impact on the contractual relations between the

Principal and the Bidder/ Contractor/ Supplier. The parties offer to the Monitor the option to participate in

such meetings.

(5) As soon as the Monitor notices, or believes to notice, a violation of this agreement, he will so inform the

Management of the Principal and request the Management to discontinue or heal the violation, or to take

other relevant action. The Monitor can in this regard submit non-binding recommendation. Beyond this, the

Monitor has no right to demand from the parties that they act in a specific manner, refrain from action or

tolerate action. However, the Independent External Monitor shall give an opportunity to the Bidder/

Contractor/ Supplier to present its case before making its recommendations to the Principal.

(6) The Monitor will submit a written report to the Chairperson of the Board of the Principal within 8 to 10 weeks

from the date of reference or intimation to him by the 'Principal' and, should the occasion arise, submit

proposals for correcting problematic situations.

(7) If the Monitor has reported to the Chairperson of the Board a substantiated suspicion of an offence under

relevant Anti-Corruption Laws of India, and the Chairperson has not, within reasonable time, taken visible

action to proceed against such offence or reported it to the Vigilance Office, the Monitor may also transmit

this information directly to the Central Vigilance Commissioner, Government of India.

(8) The word 'Monitor' would include both singular and plural.

Section 9 - Pact Duration

This Pact begins when both parties have legally signed it. It expires for the Contractor/ Supplier 12 months after the

last payment under the respective contract, and for all other Bidders 6 months after the contract has been awarded.

If any claim is made/ lodged during this time, the same shall be binding and continue to be valid despite the lapse of

this pact as specified above, unless it is discharged/ determined by Chairperson of the Principal.

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Section 10 - Other Provisions

(1) This agreement is subject to Indian Law. Place of performance and jurisdiction is the Registered Office of the

Principal, i.e. Mumbai. The Arbitration clause provided in the main tender document/ contract shall not be

applicable for any issue/ dispute arising under Integrity Pact.

(2) Changes and supplements as well as termination notices need to be made in writing. Side agreements have

not been made.

(3) If the Bidder/ Contractor/ Supplier is a partnership or a consortium, this agreement must be signed by all

partners or consortium members.

(4) Should one or several provisions of this agreement turn out to be invalid, the remainder of this agreement

remains valid. In this case, the parties will strive to come to an agreement to their original intentions.

H.P. Panchal ……………………………

For the Principal For the Bidder/ Contractor/

Supplier

Place ……………… Witness 1 : ………………

(Signature/Name/Address)

Date ………………. Witness 2 : ………………

(Signature/Name/Address)

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ANNEXURE - 8

INFORMATION ON E-TENDERING PORTAL

1) The bidder is requested to download the tender from BPCL’s e-tendering website

https://bpcleproc.in and participate in the tender as per the instructions given above and

herein, on or before the due date and time of the tender. The tender available on the BPCL

website can be downloaded for reading purpose only. For participation in the tender, please

fill up the tender online on the e-tender system available on https://bpcleproc.in.

2) For registration on the e-tender site https://bpcleporc.in, bidder needs to download the

Instructions to Vendors document from the site and read it. They shall select “Register” and

complete the “Bidder Registration Form” by filling in all the information correctly. Kindly

remember the login id (e-mail), password entered therein. After completing this process,

you will receive a system generated e-mail, click on the link and complete balance

Registration process.

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

Digital Certificate of Class III and above as per Indian IT Act from the licensed Certifying

Authorities operating under the Root Certifying Authority of India (RCIA), Controller of

Certifying Authorities (CCA). The cost of obtaining the digital certificate shall be borne by

the Bidder. In case any Bidder so desires, he may contact our e-procurement service

provider M/s. E Procurement Technologies Limited, (Contact Number +91 9099090830, +91

7940016816) for obtaining the digital signature certificate. Please note that generally, it

takes 5 working days for obtaining a digital certificate after the submission of all required

documents / fees. Non availability of Digital Certificate shall be considered as the bidder’s

regret.

4) In case any corrigendum/amendment is issued after the submission of the bid by any

bidders, then such Bidders, who have submitted their bids, shall be intimated about the

corrigendum / amendment by a system-generated email. It shall be assumed that the

information contained therein has been taken into account by the Bidder. They have the

choice of making changes in their bid before the due date and time. No communication

other than the above will be circulated regarding Corrigendum / amendment, if any.

5) Bidders are required to submit their bid online on or before the due date and time of closing

of the tender as depicted in this document. Bidders shall have to log on to the website

(https://bpcleproc.in) for submitting their bid. The system time (Indian Standard Time - IST)

that will be displayed on e-Procurement web page shall be the time considered for

determining the expiry of due date and time of the tender and no other time shall be taken

into cognizance. Bidders are advised in their own interest to ensure that their bids are

submitted in e-Procurement system well before the closing date and time of bid. If the

Bidder intends to change/revise the bid already entered, he may do so any number of times

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

the deadline for submission of bids. Once the entire process of submission of online bid is

complete, the Bidders are required to go to option ‘own bid view’ through dashboard and

take the print of the envelope receipt as a proof of submitted bid.

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6) Bids / Offers shall not be permitted in e-procurement system after the due date /time of

tender. Hence, no bid can be submitted after the due date and time of submission has

elapsed.

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

8) Once the PQ Bid / Technical (or) un-priced bids are opened, bidders can see the list of

Bidders who have participated in the bid by logging on to the portal under their user ID and

password and clicking on “Other Bids” view. Subsequently, in case the price bids are

opened in E Tendering platform, Bidders can see the rates quoted by all the participating

bidders using the same option.

9) No responsibility will be taken by BPCL and / or the e-procurement service provider for any

delay due to connectivity and availability of website. They shall not have any liability to

Bidders for any interruption or delay in access to the site irrespective of the cause. It is

advisable that Bidders who are not well conversant with e-tendering procedures, start

filling up the tenders much before the due date / time so that there is sufficient time

available with him/her to acquaint with all the steps and seek help if they so require. Even

for those who are conversant with this type of e-tendering, it is suggested to complete all

the activities ahead of time. It should be noted that the individual bid becomes viewable

only after the opening of the bid on/after the due date and time. Please be reassured that

your bid will be viewable only to you and nobody else till the due date/ time of the tender

opening. The non-availability of viewing before due date and time is true for e-tendering

service provider as well as BPCL officials.

10) BPCL and/or the e-procurement service provider shall not be responsible for any direct or

indirect loss or damages and or consequential damages, arising out of the bidding process

including but not limited to systems problems, inability to use the system, loss of electronic

information etc.

of 29

Annexure - 9

Disposal of Used / Scrapped Spent Catalysts off-loaded from the Hydrocracker,

Hydrogen Generation and Aromatic Units at BPCL Mumbai Refinery REF: CPO(R)/DISP/01/2017, E-TENDER NO.19925

PRICE BID.

Bidders has to fill PRICES in BPCL e-Procurement Portal

only.

tender for - bharat petroleum...bharat petroleum corporation ltd., invites bids for the tender for...

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