BHARAT PETROLEUM CORPORATION LIMITED, MUMBAI … · 2018-06-07 · Bharat Petroleum Corporation Limited, Mumbai Refinery, CPO – R, Mahul, Mumbai 400 074, India. CRFQ Number 1000307731

Bharat Petroleum Corporation Limited, Mumbai Refinery, CPO – R, Mahul, Mumbai 400 074, India. CRFQ Number 1000307731 Dated 06.06.2018. E – Tender 42043

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BHARAT PETROLEUM CORPORATION LIMITED, MUMBAI REFINERY, MAHUL, MUMBAI 400 074, INDIA

CENTRAL PROCUREMENT ORGANISATION - REFINERIES

TENDER FOR SUPPLY OF FRESH CATALYST FOR PETRO FCC UNIT IN BPCL KOCHI REFINERY FOR A PERIOD OF TWO YEARS

TENDER CRFQ No. 1000307731/ 06.06.2018

E TENDER NUMBER 42043

DUE ON 04. 07.2018 (1400 HRS – IST)

Telephone Number +91 22 25533225

Email: [email protected]

[email protected]

mailto:[email protected]



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INDEX

Sr. No.

Description Annexure Page Number

1 Global Tender Notice

A 3

2

Instructions to Bidders & special conditions of tender B 4 - 17

3 Technical Specifications and Evaluation Criteria

C 18 - 41

4

Pre Qualification Criteria

D 42 - 48

5 Price Schedule – Indian Bidder

E1 49 - 50

6

Price Schedule – Foreign Bidder

E2 51 - 52

7 Agreed Terms & Conditions

F 53 - 58

8 List of Deviations

G 59

9 Declaration of Holiday Listing

H 60

10 General Purchase Conditions

I 61 - 84

11 Integrity Pact

J 85 - 89

12 Bidder’s Information

K 90 - 92

13 Pro-forma of Bank Guarantee – EMD

L 93 - 94


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ANNEXURE - A

BHARAT PETROLEUM CORPORATION LIMITED, CENTRAL PROCUREMENT ORGANISATION (REFINERIES)

MAHUL, MUMBAI 400 074, INDIA

PHONE: +91 22 25533225

GLOBAL TENDER NOTICE

CRFQ NUMBER 1000307731 DATED 06.06.2018, E – TENDER NUMBER 42043

BPCL CPO – R invites offers from bidders for the supply of Fresh Catalyst for PFCCU in Kochi Refinery. For Global tender, bids are invited from indigenous as well as foreign bidders. Details of the tenders are available and can be downloaded from any of the following websites:

a. BPCL’s e-procurement platform https://bpcleproc.in b. BPCL website www.bharatpetroleum.in Tenders View Tenders Select Department CPO

(Refineries) c. Central Procurement Portal https://eprocure.gov.in/cppp

Important: All updates, amendments, corrigendum etc, (if any) will be posted on the above websites as

and when required. There will not be any publication of the same through newspapers or any other media.

Place: Mumbai, Date 06.06.2018 (CPO-R)

https://bpcleproc.in/

http://www.bharatpetroleum.in/


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ANNEXURE - B Instructions to Bidders

1. Bids are invited for supply of Fresh Catalyst for PFCCU in complete accordance with tender

documents and its attachments.

Pre-Bid meeting will be held in our KOCHI Refinery office on 13.06.2018 10:00HRS IST. Bidders are requested to submit their pre-bid queries by 11.06.2018 as per the excel query format uploaded along with the tender document.

Contact Person: - Mrs. Tabassum Das, Procurement Manager CPO (R), Phone Number + 91 22 25533225 e-mail – [email protected] Contact Person at Kochi Refinery:- Mr. Mohamed Shameem Machingal, Sr. Manager(Mfcg)-KR Phone Number + 91 484 2823433 e-mail – [email protected]

2. Submission of Tender.

Bids should be submitted in “Three Bid System”, i.e. PQ bid, Technical / Un-Priced Bid and Priced Bid through e-tendering portal. 2.1 “PQ Bid” with all listed documents mentioned below to be submitted on or before due

date/extended due date (Refer Annexure D for PQ criteria).

All required documents as per PQ criteria mentioned in Annexure D

i. Scan Copy of EMD (Demand draft/ Bank Guarantee/ Valid EMD Exemption Certificate (if any).

ii. Declaration of Holiday Listing to be submitted properly filled.-Ann H iii. Contact details of Vendor duly filled, signed and stamped- Ann K iv. Scanned copy of Bidder’s PAN, GST Tax Registration Certificate v. Integrity Pact Document duly filled, signed and stamped on each page.(Ann J)

Bidders to submit original IP hard copy within 10 days of tender opening

date.

vi. Any other supporting documents/ information in support of the bid. vii. For foreign bidders, Tax residency certificate and form 10F.

2.2 “TQ Bid” complete with all technical and commercial details other than price shall be submitted. Accordingly, this shall contain the following.

a. Bidder’s covering letter with technical details / brochure of the material offered by the bidder. b. These instructions to bidders (Annexure B) duly signed and stamped in all pages in token of

acknowledgement and acceptance. c. BPCL’s Technical Specifications and Evaluation Criteria (Annexure C) duly signed and stamped in

all pages in token of acknowledgement and acceptance. Bidder shall provide the Guaranteed Yield Pattern without mentioning yield values but with specific parameters sought for therein and incorporating the certificate of confirmation as mentioned in Annexure C.




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d. Price Schedule for Indian bidder (Annexure E1) or for foreign bidder (Annexure E2) as the case may be, with remark “Quoted” instead of prices and indicating all other relevant details / information.

e. Agreed Terms & Conditions (Annexure F), duly filled in, signed and stamped in all pages. f. List of deviations to tender document (Annexure G), in case of no deviation, NIL statement to be

submitted in this format. Bidders to note that any deviation mentioned elsewhere in the bid may not be taken into consideration.

g. Declaration regarding Holiday Listing (Annexure H) duly signed and stamped. h. BPCL’s General Purchase Conditions (Annexure I), signed and stamped in all pages in token of

acceptance and acknowledgement. Bidders to note that in case of any deviation/difference between GPC and tender documents, the details indicated in tender document shall prevail.

i. Any other relevant information / documents which the bidder would like to submit in this connection.

j. Copy of proof for sending sample of offered Catalyst. Samples are required to be sent before submitting the bid.

k. Bidders should submit the offer through e-tendering portal only. Offer in any other form (Paper Bid, E-Mail, fax etc.) shall not be accepted by BPCL.

l. Bids complete in all respects should be uploaded in BPCL e-tendering portal on or before the due date and time.

m. BPCL shall not be responsible for any delay in uploading of your offer.

n. MSE Vendor (Manufacturer only)– is required to submit the following documents along with

the Technical Bids.

Self-attested copy of all the pages of EM – II Certificate issued by the appropriate authorities mentioned in the Public Procurement Policy of MSEs – 2012. Vendor’s declaration / affidavit in their organization / company letterhead; stating that in the event of award of contract, all the ordered supplies shall be made from the unit for which MSE certificate has been submitted. All the above shall be uploaded in the e-tendering portal in the relevant space.

2.3 Price Bid:

Priced Bid shall consist of Price Schedule (as per Annexure E1 or Annexure E2 as the case may be) duly filled up with prices and Guaranteed Yield Pattern in the format as per Annexure C duly filled up with yield pattern values, without any condition.

2.3.1 Variable Pricing: Bidder shall quote with an initial basic price and with an additional price

adjustment factor linked with prices of Rare Earth Component (Lanthanum Oxide) and Natural Gas Fuel to be calculated as per the following formula.

RE Price Adjustment Factor: (US$ per MT of Catalyst) = (Actual RE cost in US$/MT – Base RE Cost) * Catalyst RE Content % * 1.365


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Note: No Adjustment Factor to be applied if Actual RE cost is in the Range of 4000 – 6000 US$/MT If Actual RE Cost is more than 6000 US$/MT, Base RE cost to be considered as 6000 US$/MT If Actual RE cost is less than 4000 US$/MT, Base RE cost to be considered as 4000 US$/MT

NG Price Adjustment Factor: (US$ per MT of Catalyst) = (Actual NG Cost in US$/MMBTU – Base NG Cost) * 29

Note: No Adjustment Factor to be applied if Actual NG cost is in Range of 4 – 6 US$/MMBTU. If Actual NG cost is more than 6 US$/MMBTU, Base NG cost to be considered as 6 US$/MMBTU

If Actual NG cost is less than 4 US$/MMBTU, Base cost to be considered as 4 US$/MMBTU

When the factor formulae result works out to be positive (due to Actual RE cost and/or NG cost being more than base cost), the factor would provide an escalation to the quoted basic price. When factor formulae result works out to be negative (due to Actual RE cost and /or NG cost being less than base cost), the factor would provide de-escalation to the quoted basic price.

2.3.2 For RE cost, Lanthanum Oxide 99% min FOB China Index values reported in www.asianmetal.com would be used; Actual RE cost would be monthly average for the 2nd month prior to month of delivery for billing purpose. For, evaluation, the average for the month prior to date of price bid opening would adopted.

2.3.3 For NG cost, Nymex Henry Hub Spot price as published by U. S. Energy Department – Energy

Information Administration www.eia.doe.gov would be used; Actual NG cost would be Monthly Average price for the 2nd month prior to month of delivery for billing purpose. For evaluation, the average for the month prior to date of price bid opening would be considered.

2.3.4 For evaluation purpose, all quoted values would be converted to INR at SBI TT selling

rates on the date previous to date of opening of price bid for comparison of quotes or the last available rate.

2.3.5 In the case of indigenous supplies, where initial basic price would be quoted in INR, RE price

and NG price adjustment factors would be calculated in INR. For this purpose the respective price adjustment factors would first be ascertained in US$ and then converted to INR using the average exchange rate for the respective reckoning month . i.e. 2nd month prior to date of shipment for billing purpose and one month prior to date of price bid opening for evaluation purpose. (Average of the TT selling rate of SBI, from 1st date to last date of the reckoning month, would be considered for this purpose).

Bidders to note that in case a bidder quotes a price without adjustment factor (i.e. fixed price), BPCL reserves the right to reject the offer.

3. Tender Opening

3.1 The PQ bid shall be opened on due date at 14.00 hrs (IST) through e- portal. Bidders who

have submitted their bids can witness / view result of Technical Bid opening through e-portal.


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In case the bidder wants to witness the bid opening in our office the bidder should send the name and mobile phone number of the representative who will attend the bid opening. The details are to be sent to [email protected] or [email protected].

3.2 The date and time of opening technical and priced bids shall be intimated separately to the

acceptable bidders and the priced bids shall be opened through e-portal. Bidders whose offers are techno-commercially acceptable can witness / view result of Technical Bid opening through e-portal. In case the bidder wants to witness the bid opening in our office the bidder should send the name and mobile phone number of the representative who will attend the bid opening. The details are to be sent to [email protected] or [email protected]

4. Earnest Money Deposit (EMD):

Bidders are required to submit interest free EMD of Rs. 10,00,000.00 (Ten Lacs only) or US$ 14,825.00 (fourteen thousand eight hundred twenty five dollars) as the case may be. Offers received without scan copy of EMD (DD/BG/Valid NSIC Certificate) in the e-tender and physically not received within 7 days after “Technical Bid” opening date (as indicated in the NIT or corrigendum thereof) are liable to be rejected.

a. Indian Bidders - EMD of Rs. 10,00,000.00 (Ten Lacs only) shall be paid by way of crossed account payee DD / Banker’s Cheque drawn on any Nationalised / Scheduled Bank in favour of Bharat Petroleum Corporation Limited and payable at Mumbai.

b. Alternatively EMD can also be paid by way of “Bank Guarantee” as per BG format

(available in Annexure “I”) from any Bank recognized as Scheduled Bank by Reserve Bank of India, in favor of M/s. Bharat Petroleum Corporation Ltd. Mumbai.

c. Foreign Bidders – “EMD of US$ 14,825.00 (fourteen thousand eight hundred twenty

five dollars) shall be paid by Bank Guarantee, as indicated in point no. 4.b above or by transfer to the following account:-

Beneficiary Name Bharat Petroleum Corporation Limited

Bank Name Standard Chartered Bank

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

USD Account no 22205032520

Swift Code SCBLINBBXXX

BSR Code 6470036






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d. Bank Guarantee from any Foreign Bank is acceptable only if the same is countersigned by their Indian Branches (provided the Indian Branch of the Foreign Bank is recognized Scheduled Bank by Reserve Bank of India) or any Scheduled Indian Bank.

e. The Bank Guarantee in lieu of EMD shall be furnished on non-judicial stamp paper of value not less than Rs. 100/- (Rupees One hundred only) and in the prescribed Performa given in the Tender Document.

f. The Bank Guarantee shall be kept valid for a period of 180 days beyond the Tender due date / extended due date.

g. Original DD / BC / BG as the case may be, towards EMD shall be sent separately to DGM, CPO-Refineries, Bharat Petroleum Corporation Limited, Mahul, Mumbai 400 074, India. Copy the DD / BC / BG as the case may be, along with proof of dispatch to be uploaded along with un-priced bid.

h. EMD of unsuccessful bidders shall be released after finalization of this tender. However, in case of successful bidder the EMD shall be released on receipt of performance bank guarantee.

i. Forfeiture of EMD – A bidder who has submitted their bid shall not be permitted to alter / amend or withdraw the bid, not withstanding that the bid(s) has / have not yet been opened / finalized. A bidder who purports to alter / modify withdraw their offer after submission, within the validity of the offer shall be liable to have their offer rejected and their EMD forfeited / en-cashed.

j. The Earnest Money deposited by successful bidder shall be forfeited if the successful bidder fails to honor the offer terms prior to ordering and Contractual terms after issuance of LOA / PO.

k. Following categories of bidders are exempted from paying Earnest Money Deposit (EMD):-

Units registered with National Small Industries Corporation (NSIC);

Units falling under Micro & Small Enterprises (MSEs) category as defined under the

MSMED Act 2006.

The benefits of public procurement policy are extended to manufacturers only

registered under this and not extended to traders registered under this.

The above are subject to the fulfilling of under mentioned conditions:

Units should be registered with National Small Scale Industrial Corporation Limited (NSIC) or with any of the Authorities specified under the Public Procurement Policy for MSE’s. (DIC/KVIC/KVIB/Coir Board/NSIC/Directorate of Handicrafts, Handloom and Udyog Adhar Memorandum or any other body specified by Ministry of MSME.)

The Unit should be registered for the item tendered. The monetary limit, if any, indicated in the registration certificate should cover value of items ordered. Registration Certificate is valid for a period at least up to validity of the offer.


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Self-attested copy of valid relevant registration certificate should be submitted in support. Registration with DGS&D will not entitle a Tenderer to claim above exemption.

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

5. Quantity and Delivery Schedule

This contract is for a period of two (2) years from the date of LOA / Purchase order. The quantity will be called off as per Kochi Refinery’s requirement. BPCL may issue call off any time within the validity period of Contract / Purchase Order. Bidder is requested to quote the shortest possible delivery period. Quantity – 3000 MT Tentative contract period – Nov 2018 to Oct 2020 Initial order shall be placed for a quantity of 600 MT in two lots of 300 MT each.

6. Payment Terms

Indian Vendor: 100% payment will be released within 30 days after receipt and acceptance of material.

Foreign Vendor: 100% payment will be made on submission of original documents directly to owner (Telegraphic Transfer) or through bank (Cash against Documents) or through irrevocable letter of credit. All overseas bank charges to vendor’s account and Indian Bank Charges to BPCL account.

7. Evaluation of Offers.

7.1 Quoted prices in Indian Rupees for Indigenous Supply and in Foreign Currency for Imported

supply shall be considered for evaluation. For evaluation purposes, all quoted values would be

converted to Indian Rupees at SBI TT Selling Rates on date previous to date of opening of

price bid or the last available rate for comparison of quotes.

7.2 Loading for Taxes and Duties:

Indigenous supplies

GST (CGST/SGST/IGST): wherever applicable extra.

7.3 Imported supplies

Customs duty /Import duty, other statutory duties as applicable shall be loaded extra.


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7.4 Loading for Transportation and clearing & forwarding:

For Indigenous Supply: Transportation charges quoted by the vendor to site shall be loaded in

price evaluation.

For Imported Supply: (Port of destination – Nhava Sheva), Ocean freight from port of loading to

destination port as quoted shall be loaded for comparison.

The ocean freight quoted by the bidder shall be considered for evaluation of offer.

The order shall be placed on CFR basis as per the freight charges quoted by the bidder. The

Ocean freight payable shall be limited to the quoted amount and same shall be valid till the

tenure of the contract period.

Loading of 0.25% shall be done on CFR Value for Marine Insurance.

A loading of 3% on CIF value shall be done towards Port handling & Clearance charges.

Container de-stuffing charges if applicable would also be loaded extra.

Total Warehouse Value will be ascertained from the quoted price with appropriate loading for

taxes, freight, insurance, clearance etc. as mentioned above.

7.5 Loading on account of deviation in commercial terms: Payment terms:

If any differential payment terms is offered by the bidder as against BPCL terms mentioned in

this tender and the same is acceptable to BPCL, bidder shall be loaded at a rate equivalent to

the benchmark prime lending rate (BPLR) of State Bank of India applicable on the date of

opening price bid calculated for the applicable period for the applicable amount.

7.6 Evaluation Methodology and Price comparison:

Evaluation will be based on highest net value addition basis (NVA) as per details mentioned in Annexure - C Clause “Basis of evaluation”.

Price of catalyst for NVA calculation will be on landed cost basis.

8. General Points :

8.1 BPCL reserve the right to extend due date of tender, accept or reject any tender in part or full, without assigning any reason whatsoever and also to give purchase preference to Public Enterprises, as admissible under the existing policies of Government of India and to JVs / Subsidiaries as per BPCL guidelines. It also reserves right to consider inflow of royalty to BPCL during evaluation of bids.

8.2 Each package shall be labeled indicating the Hazardous Nature, Brief Handling Procedure

and Precautions to be followed.


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8.3 Test Certificate for physical and chemical properties and laboratory analysis are required to

be submitted with each supply. 8.4 On receipt of product, samples will be drawn for testing at our laboratory and if found to be

in accordance with our specifications, the same shall be taken in to account. 8.5 The vendor shall keep sufficient stock to ensure uninterrupted supply. In case, there is any

problem in the vendor’s plant due to any reason, vendor shall supply the material from other manufacturer with prior approval from BPCL.

8.6 Bidder shall provide the necessary procedure for safe disposal of chemical/catalyst in case of

non-consumption and the method of disposal of containers. 8.7 Your offer should be on firm price basis (basic rate) and valid till complete execution of the

contract. 8.8 BPCL reserves the right to stop calling off material / cancel the order by giving 30 days notice

in advance. 8.9 Bidder shall submit detailed information along with the offer regarding the direct / indirect

impact of their product on people, equipment, environment and material etc. Material Safety Data Sheet to be submitted with the technical bid.

8.10 The material shall be packed in accordance with the rule in weatherproof, shipment

worthy eco-friendly packing, labeled and indicating clearly the description of item, hazardous nature if any and precautions/care to be taken.

8.11 Any effort by bidder or bidder’s agents, consultant or representative, howsoever

described, to influence the Owner (BPCL) in any way concerning scrutiny / consideration / evaluation / comparison of the bid or decision concerning award of contract shall entail rejection of the bid.

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

8.13 Cutting / Correction: All entries in the tender must be written in permanent ink or

typewritten and there should not be any erasing or overwriting or corrections. Any unavoidable mistake should be neatly cut and re-written without over-writing and use of correcting fluid. All corrections should be duly signed by the Bidder.

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

tenders shall normally be finalized without seeking further clarification. 8.15 Bidder to confirm that free replacement shall be made in case the material supplied is

rejected.


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9.0 Integrity Pact (IP)

9.1 Bidders are to sign integrity pact (Annexure J) and submit along with bid document. Bids

without signed Integrity pact are liable for rejection.

9.2 Pro-forma of Integrity Pact (IP shall be returned by the Bidder/s along with the bid documents (technical bid/un-priced bid in case of 2 part bids), duly signed by the same signatory who is authorized 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. 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.

If the contract has been terminated according to the provisions of the IP, or if BPCL is entitled to terminate the contract according to the provisions of the IP, BPCL shall be entitled to demand and recover from Contractor Liquidated Damages amount by forfeiting the Security Deposit/Performance Bank Guarantee as per provisions of the IP. Bidders may raise disputes/complaints, if any, with the CVC appointed Independent External

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

Shri. S.S.N. Moorthy Shri. Shantanu Consul

Shri. Vikram Srivastava

ADDRESS ADDRESS ADDRESS

GFQ, Ist Floor, B. Block,

Summit Apts.

Mettupalayam Road,

Coimbatore - 641 043

No.9MCHS (IAS Officers

Colony), 16th Main, 5th C

Cross, BTM 2nd stage,

Bangalore – 560 076

E-202, Second Floor ,

Greater Kailash Part 2,

New Delhi - 110048

[email protected] [email protected] vikramsrivastava1973@g

mail.com

Mob. 09500998610 Mob. 09740069318 Mob. 09810642323

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

required to sign the BPCL / NRL Integrity Pact document as mentioned above.

10.0 Arbitration Clauses Arbitration clause as per GPC stands replaced and shall be as mentioned below -

“Any dispute or difference whatsoever arising out of or in connection with this Agreement including any question regarding its existence, validity, construction, interpretation, application,



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meaning, scope, operation or effect of this contract or termination thereof shall be referred to and finally resolved through arbitration as per the procedure mentioned herein below :

(a) The dispute or difference shall, in any event, be referred only to a Sole Arbitrator

(b) The appointment and arbitration proceedings shall be conducted in accordance with SCOPE forum of Arbitration Rules for the time being in force or as amended from time to time.

(c) The Seat of arbitration shall be at Mumbai

(d) The proceedings shall be conducted in English language

(e) The cost of the proceedings shall be equally borne by the parties, unless otherwise directed by the Sole Arbitrator ”

11.0 Instructions to Bidders for e-Tendering

11.1 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.

11.2 For registration on the e-tender site https://bpcleporc.in, bidder needs to download the User Instruction Manual from the site and read it. They shall have to select “Register” and complete the “Bidder’s Registration Form” by filling in all the information correctly. Kindly remember the login id (e-mail), password entered therein. After completing this process, system will generate an e-mail, click on the link and complete balance registration process.

11.3 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 (+ 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.

11.4 Corrigendum/ amendment, if any, shall be notified on the site https://bpcleproc.in. In case any corrigendum/amendment is issued after the submission of the bid 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.





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11.5 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 (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.

11.6 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.

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

11.8 Bids submitted through e-tendering shall only be considered, bids submitted in any other form i.e. manual, paper bid, e-mail, fax etc. shall not be considered.

11.9 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.

11.10 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.

11.11 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.

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

1. For system related queries: Contact Persons: Mr. Ajay, +91 7208726400, +91 22 25533128


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[email protected]

2. For tender related queries: (BPCL CPO-Refineries) Mrs. Tabassum Das, Sr Procurement Manager (CPO-R) Phone: +91 22 25533225 E-mail id: [email protected]

Or Mr. A R Chaudhary, Procurement Leader (CPO-R) Phone: +91 22 25533202 E-mail id: [email protected]

11 The provisions under the various clauses hereunder shall override the terms and conditions which

appear elsewhere in this tender documents (changes/additions or deletions), as applicable for Supply contracts / tenders.

I. Order of Precedence in General Purchase Conditions (GPC) for Purchases :

The order of precedence as applicable shall be specified in the GPC as follows:-

1. Purchase Order(in GPC)

2. Detailed letter of Acceptance along with its enclosures

3. Letter of Award / Fax of Acceptance

4. Job Specifications (specific to particular job only)

5. Drawings

6. Special Purchase Conditions (SPC)

7. Technical Specifications

8. Instructions to Bidders

9. General Purchase Conditions (in GPC)

10. Other Documents

Additionally, any variation or amendment / change order issued after signing of formal contract shall

take precedence over respective clauses of the formal contract and its Annexures.

II. Limitation of Liability in General Purchase Conditions (GPC) for Goods Procurement :

The aggregate total liability of the Contractor to Owner under the Contract shall not exceed the total

Contract Price, except that this Clause shall not limit the liability of the Contractor for following:

(a) In the event of breach of any Applicable Law;

(b) In the event of fraud, willful misconduct or illegal or unlawful acts, or gross negligence of the

Contractor or any person acting on behalf of the Contractor; or

(c) In the event of acts or omissions of the Contractor which are contrary to the most elementary rules of

diligence which a conscientious Contractor would have followed in similar circumstances; or

(d) In the event of any claim or loss or damage arising out of infringement of Intellectual Property; or

(e) For any damage to any third party, including death or injury of any third party caused by the





Page 16 of 94

Contractor or any person or firm acting on behalf of the Contractor in executing the Works.

Neither Party shall be liable to the other Party for any kind of indirect nor consequential loss or damage

like, loss of use, loss of profit, loss of production or business interruption which is connected with any

claim arising under the Contract.

III. Termination of convenience under GPC:

The purchaser may, by written notice of 14 days sent to the seller, cancel the contract, in whole or part,

at any time for his convenience. The notice of cancellation shall specify that cancellation is for the

purchaser’s convenience, the extent to which performance of work under the contract is cancelled and

the date upon which such cancellation becomes effective.

The goods that are complete and ready for shipment within 30 days after the seller’s receipt of notice of

cancellation shall be purchased by the purchaser at contract terms and prices. For the remaining goods,

the purchaser may opt:-

a. To have any portion completed and delivered at the contract terms and prices

and / or

b. To cancel the remainder and pay to the seller an agreed amount for partially completed goods and

materials and parts previously procured by the seller.

IV. Force Majeure Clause (Existing clause replaced with the new one- GPC)

Circumstances leading to force majeure (a) Act of terrorism;

(b) Riot, war, invasion, act of foreign enemies, hostilities (whether war be declared or not), civil war,

rebellion, revolution, insurrection of military or usurped power;

(c) Ionising radiation or contamination, radio activity from any nuclear fuel or from any nuclear waste

from the combustion of nuclear fuel, radioactive toxic explosive or other hazardous properties of any

explosive assembly or nuclear component;

(d) epidemics, earthquakes, flood, fire, hurricanes, typhoons or other physical natural disaster, but

excluding weather conditions regardless of severity; and

(e) freight embargoes, strikes at national or state-wide level or industrial disputes at a national or

state-wide level in any country where Works are performed, and which affect an essential portion of

the Works but excluding any industrial dispute which is specific to the performance of the Works or

the Contract.

For the avoidance of doubt, inclement weather, third party breach, delay in supply of materials (other

than due to a nationwide transporters’ strike) or commercial hardship shall not constitute a Force

Majeure event.

• Notification of Force Majeure

Contractor shall notify within [10(ten)] days of becoming aware of or the date it ought to have


Page 17 of 94

become aware of the occurrence of an event of Force Majeure giving full particulars of the event of

Force Majeure and the reasons for the event of Force Majeure preventing the Affected Party from, or

delaying the Affected Party in performing its obligations under the Contract.

• Right of either party to terminate

If an event of Force Majeure occurs and its effect continues for a period of 180 (one hundred eighty

days) or more in a continuous period of 365 (three hundred sixty five) days after notice has been

given under this clause, either Party may terminate the Contract by issuing a written notice of 30

(thirty) days to the other Party.

• Payment in case of termination due to Force Majeure

The Contract Price attributable to the Works performed as at the date of the commencement of the

relevant event of Force Majeure.

The Contractor has no entitlement and Owner has no liability for:

a) Any costs, losses, expenses, damages or the payment of any part of the Contract Price during an

event of Force Majeure; and

b) Any delay costs in any way incurred by the Contractor due to an event of Force Majeure.

Time extension for such cases will be worked out appropriately.

V. Warranty / Guarantee Period in Purchase Contracts (Changes to existing clause- GPC)

The current clause provides for warranty/guarantee period as under:-

i. 12 months from the date of commissioning or 18 months from the date of supply for

Goods/ Services, whichever is earlier.

In case the defect arises within the above mentioned period and the same is repaired / replaced, the

warranty/guarantee for the repaired/replaced job/item will be extended suitably so as to cover the

original warranty/guarantee. However, in no case, such extension will exceed 24 months from date of

start of initial warranty/guarantee.

**********


Page 18 of 94

ANNEXURE – C

TECHNICAL SPECIFICATIONS & EVALUATION CRITERIA

Contents

1 Feed Cases: ................................................................................................................................... 19

2 PFCCU- Fresh Catalyst Specifications ........................................................................................... 19

2.1 Physical Properties- To be guaranteed by the Bidder: ......................................................... 19

2.2 Physical Properties- To be reported by Bidder: .................................................................... 20

3 Petro FCC Unit Data ...................................................................................................................... 21

3.1 Unit Information ................................................................................................................... 21

3.2 FCC Unit product definitions ................................................................................................. 21

3.3 Expected yield pattern with the new catalyst ...................................................................... 21

3.4 Rejection of Catalyst in the commercial unit ........................................................................ 22

3.5 Typical e-Cat data .................................................................................................................. 24

3.6 Chemical/Additives details.................................................................................................... 25

4 Typical Feed Stock Analysis .......................................................................................................... 25

5 Operating conditions .................................................................................................................... 26

6 Prequalification criteria ................................................................................................................ 28

7 Basis of Evaluation ....................................................................................................................... 28

8 Compulsory Conditions ................................................................................................................ 32

9 Service Conditions ........................................................................................................................ 34

10 General Conditions ....................................................................................................................... 36

11 Test run data dated ...................................................................................................................... 36

11.1 Test Run on 24th January 2018 (Case 1) ............................................................................ 36

11.2 Test Run on 17th March 2018 (Case 2) .............................................................................. 37


Page 19 of 94

Bharat Petroleum Corporation Limited (BPCL) intends to procure FCC fresh catalyst for consumption in

our Petro FCC unit (PFCCU) at Kochi Refinery. The selection of the catalyst shall be based on maximum

Net Value Addition (NVA). Catalyst sample of each bidder will be evaluated at BPCL Corporate Research

& Development Centre (CRDC), Greater Noida. Details of the PFCC unit and Evaluation Criteria for the

fresh catalyst are given below.

This tender is for a total quantity of 3000 MT which shall be supplied in a period of 2 years. Bidders shall

confirm that he shall supply 3000 MT in the next 2 years in different lots as per the requirement of BPCL-

KR.

Feed Cases:

Two feed cases that shall be considered during catalyst evaluation are as given below in Table 1.

Table 1: Feed cases

Feed streams Case 1 Case 2

MT/hr MT/hr

Hydro treated VGO 200 275

CLO Recycle (max) 25 34

Note 1: Currently, Hydrotreated VGO feed is used as torch oil at the rate of average 3.5 TPH to get the

heat balance to the unit. Main Fractionator bottom stream is recycled and is injected to the Reactor

stripper and there is no CLO drawn as product. The temperature of Main Fractionator bottom recycle

stream to riser is in the range of 290-310oC. With the new proposed catalyst, the Main Fractionator

bottom recycle shall be continued to be injected and to generate enough coke for meeting the heat

balance of the system. A maximum of 12.5 wt % (on fresh feed basis) of CLO shall be injected into the

Reactor stripper. If with a lower CLO recycle, enough coke is generated to meet the heat balance of the

system, the remaining CLO shall be drawn as product.

The catalyst evaluation shall be based on Case 2. However the bidder has to predict the yield pattern

and operating conditions for Case 1 also.

PFCCU- Fresh Catalyst Specifications

The detailed physio- chemical properties of the quoted catalyst are to be submitted by the Bidder as

detailed below:

Physical Properties- To be guaranteed by the Bidder:

Table 2: Catalyst physical properties- to be guaranteed by the Bidder


Page 20 of 94

The testing and performance evaluation of catalysts shall be conducted at BPCL Corporate R&D Center

(CRDC), Greater Noida. During the evaluation if the properties mentioned in Table 2 above are found

to be out of the range/limit specified in the table, the offer of the Bidder shall be technically rejected.

In such cases, further performance evaluation shall not be carried out.

Physical Properties- To be reported by Bidder:

Table 3: Catalyst physical properties- to be reported by the Bidder

Sl no Property Allowable Values Bidder’s data

1. Attrition index (ASTM D-5757). 6 (Max) Guaranteed value

2. APS, microns 70 (Min) – 85 (Max) Guaranteed Value

3. ABD 720 kg/m3 (Min) Guaranteed Value

4. PSD, 0-40 microns 18 (Max) Guaranteed Value

Physical Properties

1. Zeolite surface area (m2/ gm) To be reported

2. Matrix surface area (m2/ gm) To be reported

3. Surface area of steamed Catalyst at 788 OC for 3 hrs

To be reported

4. Pore volume (cc/g) To be reported

5. Loss on ignition (LOI),% wt To be reported Refer Section 8.6

6. PSD (microns) 0-20 microns 0-5 wt% (max) Refer Section 8.7

Chemical Properties

1. Rare earth % wt. To be reported

2. Sodium % wt. To be reported

3. Fe % wt. To be reported

4. Al2O3, % wt To be reported

5. PO4, % wt To be reported


Page 21 of 94

The properties mentioned in Table 3 are to be reported by the Bidder. Bidder shall submit physio-

chemical properties of the catalyst as per above format in the technical proposal. There shall be no

rejection for properties mentioned in Table 3. However, bidders shall note that there shall be

deduction in price on landed cost basis for LOI and PSD as mentioned in section 8.6 and 8.7 below.

Petro FCC Unit Data

Unit Objectives and guidelines for the catalyst manufacturer for new fresh catalyst formulation are given

below.

Unit Information

The general information about the KR PFCC unit is given below in Table 4.

Table 4: Unit information

Type of the unit Licensor: Technip FMC,

Elevated Feed nozzles, Stripper packing, Cold wall riser, Cold wall

Flue gas duct, Cold wall orifice chamber

Mode of operation Full combustion

Unit catalyst inventory 640 tonnes

Feed distributor details 6 numbers of elevated feed nozzles with nozzle steam rates of 5.0

wt% (max) of feed.

6. Zeolite % wt. To be reported

7. Matrix % wt. or Z/ M ratio To be reported

8. Unit cell size, °A To be reported

9. MAT, wt% To be reported

10. Any other metal content, ppm To be reported

11. Metal Trap if any To be reported

12. ` ZSM Content in the fresh catalyst To be reported

13. Chloride content To be reported


Page 22 of 94

Recycle stream Slurry recycle maintained @ 9.0wt % of fresh feed to max 12.5wt% of

fresh feed.

Slurry Recycle is injected to the stripper.

Catalyst makeup rate Approx. 4.6 MT/day based on catalyst consumption of 0.7 kg/MT of

feed for a feed rate of 275 TPH

FCC Unit product definitions

The FCC Unit products shall be defined as per the Table 5 below:

Table 5: Product definitions

Stream Name Distillation Cut range

Sponge gas C1,C2 components

LPG C3,C4 components

CCN C5-200 0C based on ASTM D 7169 with a minimum RON of 94.0

Light Cycle Oil (LCO) 200 0C-360 0C ASTM D 7169

Clarified Oil (CLO) 360 0C + ASTM D 7169

Coke

Expected yield pattern with the new catalyst

The objective of procuring the new catalyst for the unit is to achieve the product pattern as given in

Table 6 below:

Table 6: Expected yield pattern with the new catalyst

Sl No Product Expected yield pattern with the new catalyst

1 Sponge gas Minimize sponge gas yield

2 Propylene Min 11.0 wt% to Max 14wt % on Fresh Feed Basis. Yield more than 14 wt%

shall be considered as LPG during NVA calculation.

3 LPG Yield to be optimized satisfying the propylene requirement mentioned

above.


Page 23 of 94

4 CCN Yield to be maximized subjected to the constraint. RON/MON of CCN to be

maximized. Aim for minimum olefins without compromising on

RON/MON. Minimum RON of 94.0 is to be guaranteed. Max yield of CCN

to be limited to 45 wt%. Yield above 45 wt% shall be considered as LCO

during NVA calculation.

5 CLO Please refer to Note1. The Main Fractionator bottom shall be fully

recycledif needed to generate enough coke for meeting the heat balance

of the system. The CLO make shall be min 9.0 wt % and max limited to

12.5wt% of fresh feed. If with a lower CLO recycle, enough coke is

generated to meet the heat balance of the system, the remaining CLO shall

be drawn as product.

However, please note that if the CLO yield is less than 9.0 wt% the

differential yield shall be adjusted from LCO to make the min CLO yield

during NVA calculation.

6 Coke Currently 3.5 TPH of Torch Oil (Hydrotreated VGO) is injected for getting

the Regen Dense bed Temp. The same shall be completely stopped with

the new catalyst.

Minimize the production, subject to a minimum required to meet the heat

balance of the unit for the operating conditions expected.

Catalyst manufacturer shall formulate the fresh catalyst in order to optimize and economize the yield

pattern subject to the physical/hardware constraints of the unit.

Rejection of Catalyst in the commercial unit

Bidder shall offer the new catalyst considering the physical/hardware constraints of the unit as

mentioned below and shall indicate the compliance/ non-compliance with each of the parameters

mentioned in Table 7 and Table 8 below.

Table 7: Unit constraints- mandatory

Parameter Allowable Values Bidder’s data

1 Regenerator dense bed temperature 732 (Max) Complied/ Not

complied

2 Total Air to Regenerator 334 TPH (Max) Complied/ Not

complied


Page 24 of 94

Bidders shall note that, even if the proposed catalyst is selected based on NVA, final acceptance of the

catalyst shall be based on its performance in the commercial unit. Initial order shall be placed for a

quantity of 600 MT in two lots of 300 MT each.

After start of addition of the procured new catalyst in the commercial PFCC unit, at any point of time,

if the plant reaches any of the above mentioned unit constraints at a feed throughput of 275 TPH,

BPCL reserves the right to stall further addition of catalyst. The catalyst shall be considered as not

compatible to be used in PFCC unit and shall be rejected. If the bidder is not complying with the unit

constraints mentioned in Table 7 during the scrutiny of the technical offer, the offered catalyst shall be

rejected without considering for any evaluation.

Torch Oil addition to the Regenerator shall be reduced after start of addition of the procured new

catalyst. As mentioned above, a maximum of 12.5 wt% (on fresh feed basis) of CLO recycle shall be

injected to the Riser/Rector Stripper to generate the required coke of meeting the heat balance.

Attempt shall be made to completely stop the addition of Torch Oil. However, even after addition of

whole initial order quantity of 600 MT of catalyst if it is found that the unit is not getting the heat

balance without torch oil, at a feed throughput of 275 TPH, the catalyst shall be considered as not

compatible to be used in PFCC unit and shall be rejected.

3 Superficial velocity (net) in the

Regenerator

1 m/s (Max) Complied/ Not

complied

4 Regenerator flue gas temperature 760 0C (Max) Complied/ Not

complied

5 Capacity of wet gas

compressor (on wet basis at

standard conditions)

1st

Stage

103 kNm3/hr (Max) Complied/ Not

complied

2nd

Stage

95.06 kNm3/hr (Max) Complied/ Not

complied

6 Reactor outlet temperature 535 0C (Max) Complied/ Not

complied

7 Feed Preheat temperature (outlet of

FCC heater FH1)

310 0C (Max) Complied/ Not

complied

8 Delta P across RCSV and SCSV 0.20 kg/cm2 (Min) Complied/ Not

complied

9 Main column overhead receiver

pressure

0.70 kg/cm2 (Max) Complied/ Not

complied


Page 25 of 94

Once the order is placed, vendor shall not change the catalyst formulation, without specific requirement

from BPCL Kochi Refinery. Every batch of catalyst supplied shall be subjected to ACE studies at BPCL

CRDC. The Yield pattern of each product of each batch of catalyst sample shall be benchmarked against

that of the sample based on which the catalyst was selected during evaluation. In the event, the product

yield pattern of current batch of catalyst varies by +/- 3%, BPCL shall reserve the right to reject the

supplied catalyst batch and the manufacturer shall replace the catalyst on immediate basis, by airlifting

the material if required and deliver to BPCL Kochi Refinery

Bidders are advised that the unit constraints mentioned below in Table 8 shall be considered while

calculating NVA.

Table 8: Unit constraints- considered for NVA

BPCL Kochi Refinery shall also have the option of total rejection of the balance unused catalyst which

were under trail that is available in stock out of the trail order quantity and any consignment in transit at

time of plant trail. In the event of BPCL Kochi Refinery exercising this option, the vendor shall have to

take back the rejected material at no cost to BPCL Kochi Refinery. Catalyst so rejected shall be settled at

landed price.

Typical e-Cat data

The unit is generally operated with 100% Hydro treated VGO. The e-Cat data given below in Table 9 is as

per this feed composition.

Table 9: Unit e-Cat data

Properties Typical values

MAT wt % 60-62

Total SA m²/g 122- 132

1 Allowable Fresh catalyst addition rate

(carried out on continuos mode)

4.6 MT/day (Max) Complied/ Not

complied

2 Yield rate of Propylene 14 wt% max Complied/ Not

complied

3 Yield rate of Gasoline 45 wt% on fresh feed of

case 2 (Max)

Complied/ Not

complied

4 CLO Yield 9.0 % (Min) Complied/ Not

complied


Page 26 of 94

Zeolite SA m²/g 39- 44

Matrix SA m²/g 88- 96

ABD g/cc 0.89- 0.90

Pore Volume cc/g 0.27- 0.29

0- 20µ % 0-5

0- 40µ % 18-26

0- 80µ % 64-68

APS Micron 61.5

Umb/ Umf 4.26

Ni ppm ＜100

V ppm 130-150

Na wt % 0.066-0.088

RE2O3 wt % 0.1-0.11

Al2O3 wt % 46-48

Carbon wt% 0.01- 0.02

Chemical/Additives details

Chemicals and FCC additives presently used in KR PFCC unit is as given below in Tab10.

Table 10: Chemical/Additives used in KR PFCC unit

Chemical / Additives Addition Rate

Pt based CO Promoter 10 kg/day (to obtain 1ppmw conc in catalyst inventory)

ZSM -5 Nil

MS antioxidant 30 ppmw max

Typical Feed Stock Analysis

As mentioned in Section 1, the feed to KR PFCC unit is hydro treated VGO and a recycle stream of CLO.


Page 27 of 94

Properties of feed hydro treated VGO is as given below in Table 11.

Table 11: Hydro treated VGO properties

Property Values

Density at 15°C gm/ml 0.87 – 0.89

Distillation, ASTM D 1160 reported at 1 atm

IBP 290 – 305

5 Vol % 340 – 370

10 Vol % 370 – 390

30 Vol % 400 – 425

50 Vol % 425 – 450

70 Vol % 450 – 460

90 Vol % 500 – 530

95 Vol % 520 – 550

FBP 540 – 586

Sulphur, ppmw 600

Total Nitrogen, ppmw < 100

Nickel, ppmw < 1

Vanadium, ppmw < 1

MCRT wt % 0.06

The distillation profile given above are typical values of Hydro Treated VGO from VGO HDS/VGO HDT.

Bidder to note that the VGO feed to VGO HDS/VGO HDT will be from various crudes.

Typical Properties of recycle CLO is as given below in Table 12.


Page 28 of 94

Table 12: Recycle CLO properties

Property Values

Density at 15°C gm/ml 1.010-1.040

Distillation, ASTM D 1160 reported at 1 atm

IBP 300-320

5 Vol % 340-360

10 Vol % 360-375

20 Vol% 375-390

30 Vol % 390-400

40 Vol% 400-410

50 Vol % 410-425

60 Vol% 425-430

70 Vol % 430-440

80 Vol% 440-465

90 Vol % 465-530

95 Vol % 530-545

FBP 545-570

Sulphur, wt % 0.35%-0.55%

MCRT, wt % 1.56 %-3.0%

BS&W, wt% 0.1-0.4

Operating conditions

The operating constraints in the unit are clearly mentioned above in section 3.4. Bidder shall specify in

Table 13 below, the optimum operating conditions to be maintained in the unit for achieving the major

objectives as mentioned in Section 3.3 with the proposed catalyst. An offer without the required

inputs as per Table 13 below shall be liable for rejection.

The bidder shall note that the below specified optimum conditions by the bidder shall be for the feed


Page 29 of 94

rates as mentioned in Case 2 of Table 1 having typical properties as mentioned in Section 4.

Table 13: Operating conditions to be specified by the Bidder

Parameter Unit Operating range/Constraint Remarks

Reactor Temperature oC 510-535 (Max) Bidder to specify the value

Regenerator Dense Temperature oC 732 (max) Bidder to specify the value

Air rate to Regenerator MT/hr 334 (Max) Bidder to specify the value

CCN RON 94 (Min) Bidder to specify the value

Torch Oil Not Required Bidder to confirm

Note 2: If the bidder specified value in Table 13 is not within the operating range or violates the

constraints mentioned in Table 13 the offered catalyst shall be rejected without being considered for

any evaluation.

Based on the optimum operating values specified by the bidder in Table 13, the bidder shall provide the

predicted product yield pattern and product properties in the format given in Annexure A. However,

bidder shall note that the product yields obtained during BPCL CRDC evaluation shall only be considered

for Net Value Addition (NVA) calculation. The predicted product yield pattern mentioned in Annexure A

by the bidder shall only be considered as claim by the bidder for the proposed catalyst.

A minimum RON of 94.0 for CCN is a mandatory requirement for the proposed catalyst. Bidder shall

note that if the bidder mentioned value against CCN RON in Annexure A is less than 94.0 the offered

catalyst shall be rejected without considering any evaluation.

Prequalification criteria

Refer Annexure D for details.


Page 30 of 94

Basis of Evaluation

7.1 The following will be the basis of evaluation on which the catalyst will be evaluated for

maximizing the benefits accrued due to the yields.

A. The governing case for evaluation will be the feed Case 2 as mentioned in Table 1 with typical

properties as mentioned in Section 4.

B. The major objectives of the unit as mentioned in Section 3.3 and the unit constraints as

mentioned in Section 3.4 will be taken into account during the evaluation process.

The yields obtained from BPCL CRDC testing with the proposed catalyst will be considered as

final and same will be used for catalyst evaluation/selection.

7.2 Bidders shall quote their best-suited catalyst based on the Typical Feed Properties (Given in

section 1 and section 4), Unit Objectives & Unit constraints (Section 3), Plant Operating

conditions (Section 5), and desired Fresh Catalyst Specifications (Section 2) as mentioned

above.

Catalyst should be coke selective to sustain heat balance with inbuilt metal tolerance and shall

yield minimum sponge gas production at the given reactor severity.

7.3 Bidders shall furnish predicted yield pattern (As per specified format in Annexure A) based on

Typical Feed Properties, Unit objectives & Unit Constraints, Typical Plant Operating Conditions,

desired Plant Yields and typical Product Properties mentioned above. However, fresh catalyst

evaluation shall be as per the yields/physical properties obtained in BPCL CRDC testing.

7.4 Bidders shall furnish the above mentioned fresh catalyst properties (Refer Section 2 – both

physical & chemical and the fresh catalyst MAT activity) failing which will disqualify the bidder

and their offer will not be considered for further evaluation and no communication will be done

with the bidder in this regard. For the catalyst properties mentioned in Table 2, the properties

quoted by the bidder must be in the range as indicated in the fresh catalyst properties or else,

the offer of the Bidder will be technically rejected.

7.5 Bidders have to report Attrition index by ASTM (D-5757) method only. BPCL CRDC results would

be final in this regard.

7.6 The catalyst cost is to be based on dry basis after deduction of Loss on Ignition (LOI) quantity

LOI is used for determination of moisture or volatile matters present in the catalyst. Typically,

about 10g of each sample is heated in an electrically heated muffle furnace from ambient to 950 oC at the rate of 10 oC per minute in air and the temperature maintained for two hour. The loss in

weight is recorded after cooling the sample in desiccator. The experiments are repeated twice for


Page 31 of 94

reproducibility. If the proposed catalyst has a LOI value more than the limit mentioned in Table 2

the same shall be rejected and without further evaluation.

7.7 Payment released by BPCL for each batch supplied by the vendor shall be adjusted for LOI, as

described in clause 7.6 for final settlement. The payment of the differential amount, if any, shall

have to be made by the vendor through DD or Banker’s cheque or direct bank transfer to BPCL.

Alternatively deduction shall be made from Bank Guarantee for recovery of such amount. In this

regard, BPCL CRDC results shall be final & binding on the vendor. Deduction towards LOI shall be

made on landed cost basis. Further details of LOI is given below in Section 8.6.

7.8 All bidders shall propose only one catalyst sample for evaluation.

7.9 Once the proposal is submitted the offered catalyst cannot be changed. If the bidders offer

more than one catalyst, the entire bid shall be rejected without considering for any

evaluation.

7.10 The predicted product yield pattern (as per specific format in Annexure A) shall be submitted

along with technical bids, considering typical Feed Properties specified in Section 1 & 4, Unit

objectives and Unit Constraints specified in Section 3 and optimum operating conditions as per

Section 5. The sum of predicted yield must be 100 wt%.

7.11 Bidder has to mandatorily specify the optimum operating conditions to be maintained in the

unit for achieving the major objectives of the unit as mentioned in Section 3.3 with the

proposed catalyst along with the offer in Table 13 subjected to the operating range/constraints

specified against each parameter. If the bidder specified value in Table 13 exceeds the

operating range/ violates the constraints mentioned in Table 13 the offered catalyst shall be

rejected without considering any evaluation.

7.12 Bidders have to provide Ten kg of representative sample of proposed fresh catalyst to be clearly

identified as “Sample of Fresh Catalyst – CRFQ No. ………………. / Dated………….. and delivered to:

General Manager (P&CS), BPCL-Kochi Refinery, Ambalamugal, Ernakulum District, PIN:

682302, Kerala India. Samples should reach at the above address on or before due

date/extended due date of tender, failing which the offer may not be considered for

evaluation. Bidders must attach the proof of dispatch along with the technical bids.

7.13 Fresh Catalyst sample of each bidder will be tested at BPCL CRDC (Corporate Research &

Development Centre), Greater Noida.

Method of evaluation is as mentioned below:

Step 1

CRDC shall test the physical properties mentioned in Table 2 and impose applicable rejections as

mentioned in Section 2.


Page 32 of 94

Step 2

All the catalysts selected in Step 1, will be further evaluated in ACE unit for determining the RON

value of CCN. All catalyst which has RON value less than 94.0 shall be eliminated from further

evaluation. The ACE run for determining the RON shall be conducted at the optimum Reactor

temperature specified by the vendor in Table 13.

Step 3

All the catalyst selected in Step 2 shall be considered for the ACE evaluation procedure of CRDC.

The evaluation procedure is an indigenously developed method by BPCL and the same shall not

be shared with the bidder.

Step 4

The ACE results obtained from Step 3 shall be used as input into a CRDC PFCC scale-up model

and product yields shall be estimated.

The test results of BPCL CRDC and decision of BPCL based on the evaluation shall be binding

on the Bidder.

7.14 Subsequent to the CRDC evaluation, the Order shall be placed for the Catalyst with maximum

Net Value Addition (NVA) to the refinery, which shall be calculated considering the following

Product Yields obtained on fresh feed basis during BPCL CRDC evaluation for each catalyst

sample

Catalyst addition rate per day 4.6 MT (based on feed rate)

Unit throughput (fresh VGO feed) @ 275 MT/hr.

Due to limitation in the plant hardware, the yields obtained by BPCL CRDC will be rationalized

as under, at the time of working out the net value addition:

1. Propylene yield more than 14 wt% shall be considered as LPG.

2. CCN yield higher than 45.0 wt% shall be considered as LCO.

3. If CLO (360+oC) yield is less than 9.0 wt% on fresh feed (case 2), then differential yield

shall be adjusted from LCO to make min CLO recycle during NVA calculations.

The formula that will be applied for net value addition (NVA) calculation will be as follows:

[(Product price Rs per MT * %Wt yield as obtained by R&D testing)-Feed price Rs/MT] * Daily

VGO Throughput – (Fresh catalyst landed price, Rs per MT) * catalyst addition rate per day.

Note 3: In the variable pricing scenario for Fresh Catalyst, price of catalyst as on date of price

bid opening after considering the applicable RE and NG rates shallbe considered for arriving at

the catalyst landed price, for calculation of NVA for vendor selection.


Page 33 of 94

Note 4: NVA calculation for vendor selection shall be carried out for Case 2 only, but bidder to

confirm, the performance w.r.t yield pattern and operating conditions for Case 1 also in the bid.

7.15 Average product prices in (INR) for the period April 2017 to March 2018 are given below and the

same shall be considered for catalyst evaluation.

Table 14: Average prices of feed and product streams

Stream Price in INR/MT

Feed 23424.09

Sponge gas 18739.27

Propylene 42320.71

LPG 34451.10

CCN 38853.64

Light Cycle Oil (LCO) 29135.29

Clarified Oil (CLO) 23424.09

Coke 1800.00

7.16 As mentioned above, initial order shall be placed for a quantity of 600 MT in two lots of 300 MT

each.

7.17 After start of addition of the catalyst in the plant, compatibility check shall be conducted at the

feed rate as mentioned in Case 2 of Table 1 with typical properties as mentioned in Section 4

and at the optimum reactor temperature specified by the vendor in Table 13.

7.18 During the above said compatibility check period, if the catalyst is not compatible with the

following unit constraints, the same shall be liable for rejection.

The max superficial velocity (net) in the regenerator is limited to 1.0 m/s

Regenerator dense bed temperature shall not exceed 732 oC

The cyclone outlet temp shall not exceed the design value of 760 oC

Wet gas compressor operating with an individual rated capacity of 103.09 kNm3/hr

at 1st stage suction and 95.06 kNm3/hr at 2nd stage suction on wet basis at

standard conditions.


Page 34 of 94

The Reactor temperature shall be max 535 Deg C

Air to Regenerator shall not exceed 334 MT/hr.

Maximum Feed Preheat temperature (outlet of PFCC heater IF-H-002) available

shall be 310 oC

Minimum operable delta P across RCSV and SCSV shall be 0.20 kg/cm2

Main column overhead receiver pressure shall not exceed 0.7 kg/cm2

There shall not be any torch oil injection by the end of addition of initial order of

600 MT of catalyst. The unit have to attain heat balance without Torch Oil.

Compulsory Conditions

8.1 This tender is for a total quantity of 3000 MT which shall be supplied in a period of 2 years.

Bidders shall confirm that he shall supply 3000 MT in the next 2 years in different lots as per the

requirement of BPCL-KR. If the bidders shall not conform to above given requirement, the bid

shall be rejected and shall not be considered for any evaluation.

8.2 Before submitting the technical offer and the offered catalyst sample, bidders have to visit BPCL

Kochi refinery for a pre bid meeting to understand the requirements of the fresh catalyst

performance.

8.3 Answers to technical queries are to be submitted by the bidders within the mentioned time &

date. In case of non-receipt of clarifications within the stipulated period BPCL Kochi Refinery

reserves the right to disqualify the bidder and in that case the offer submitted to bidder shall

be rejected. Technical queries shall be answered in full and no partial answers shall be accepted.

8.4 The catalyst manufacturer shall agree to fine tune the catalyst formulation, if required by BPCL

Kochi Refinery in order to optimize unit performance/produce products desirable to BPCL Kochi

Refinery, or for taking care of changes in feed quality/type of changes in product yields required

or for operating the unit safely and well within design constraints at no additional cost to BPCL.

8.5 Once the catalyst is fine-tuned, vendor should clearly communicate to BPCL regarding the

changes done in catalyst formulation and the yield pattern with the new formulation of catalyst

for BPCL Kochi Refinery’s acceptance. Once accepted, bulk production for the required quantity

can be done.

8.6 Once the order is placed, vendor shall not change the catalyst formulation, without specific

requirement from BPCL Kochi Refinery.

8.7 The catalyst cost is to be based on dry basis after deduction of Loss on Ignition (LOI) quantity

LOI experimental details is given in clause 7.6. The dry weight of the catalyst will be calculated by

taking into account the value determined by BPCL CRDC and accordingly the payments will be

made for each batch of catalyst.


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The selected vendor shall bill his invoice on dry weight basis and after deducting the LOI quantity

as tested by the vendor for that lot. LOI of each batch of the catalyst shall be tested at BPCL

CRDC. The LOI confirmed by BPCL CRDC for each batch of the catalyst shall be considered as final.

In case the ‘BPCL CRDC reported LOI’ is higher than the ‘vendor reported LOI’, the cost

implication due to difference in the dry weight of the catalyst lot (due to higher LOI) shall be

deducted / recovered from the vendor. In this regard, BPCL CRDC’s results shall be final and

binding on the vendor.

For example: (for illustration only)

Table 15: LOI calculation illustration

As shown in the example, payment for 2 MT shall be deducted / recovered from the vendor. The

price considered for this deduction/recovery shall be the landed cost of the fresh catalyst. In this

regard, BPCL CRDC’s results shall be final & binding on the vendor.

8.8 The percentage of 0-20 micron catalyst particles shall be as mentioned in Table 3. The

percentage of 0-20 microns for each batch of catalyst shall be tested at CRDC. In case the 0-20

micron particle reported by CRDC exceeds the maximum value of wt% mentioned in Table 3

excess will be considered as a loss and the corresponding amount shall be deducted/ recovered

from the vendor. Price considered for reduction shall be landed cost.

In this regard, CRDC result shall be final & binding on the bidder.

During the delivery of catalyst, vendor will bill for the catalyst after deducting the 0-20 micron catalyst

quantity in excess of the wt% limit mentioned in Table 2.

For example:

CRDC reported 0-20 microns: 6%

Catalyst weight (Dry Basis) - 100 MT

Catalyst spec on 0-20 Micron- 5% (Max), Refer Table 3

Catalyst considered as loss = 100 MT x (6-5)/100= 1.0 MT

As shown in the example payment for 1MT shall be deducted/ recovered from the catalyst bidder. The

price considered for this deduction shall be landed cost.

Report By LOI, %wt Wet weight, MT Dry Weight, MT

Vendor 12 200 176.00

BPCL CRDC 13 200 174.00

Delta 2.00


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Note 5: If a catalyst lot is subjected to penalty on account of higher LOI, as per clause 8.6 above, then

the dry weight arrived on the basis of clause 8.6 shall be applicable for calculation shown above.

Service Conditions

9.1 Vendor shall prepare unit model for predicting yield pattern based on test run data. This model

shall be prepared within 2 weeks of placing PO or LOI.

9.2 The catalyst manufacturer shall have their own R & D facilities and manufacturing facilities and is

bound to provide weekly e-cat analysis free of cost. On specific requirement from BPCL Kochi

Refinery, the catalyst manufacturer shall provide e-cat analysis as and when requested by BPCL,

Kochi Refinery, at no extra cost. The manufacturer shall also provide an undertaking stating that

the vendor shall provide technical assistance to BPCL, Kochi Refinery on a regular basis and as and

when required, at no extra cost to BPCL, Kochi Refinery.

9.3 As a part of technical services after placement of order, Vendor needs to analyse e-catalyst

samples for the following:

Table 16: E Cat Analysis data to be reported

1 MAT activity To be reported

2 Hydrogen factor To be reported

3 Gas factor To be reported

4 Bottom selectivity To be reported

5 Coke factor To be reported

6 Total surface area To be reported

7 Zeolite surface area To be reported

8 Matrix surface area To be reported

9 UCS To be reported

10 Pore volume To be reported

11 Nickel content To be reported

12 Vanadium content To be reported

13 Sodium content To be reported


Page 37 of 94

9.4 Vendor shall prepare report on the performance of catalyst and shall present to the BPCL Kochi

Refinery personnel’s (at BPCL, Kochi Refinery site) on a half yearly basis. No additional charges

towards these visits shall be paid by BPCL.

9.5 Vendor shall assist BPCL Kochi Refinery/provide tools in evaluating the catalyst performance.

9.6 Vendor shall perform the BS&W, PSD analysis of Main column bottoms and CLO sample on a

monthly basis and report the same to BPCL Kochi Refinery along with the equilibrium catalyst

results.

General Conditions

10.1 Bidders have to guarantee that the performance of other additives (such as ZSM-5, GSR etc) is not

affected by the usage of their catalyst.

14 Iron content To be reported

15 Copper content To be reported

16 P2O5 content To be reported

17 Antimony content To be reported

18 Platinum content To be reported

19 Sulphates To be reported

20 Chlorides To be reported

21 Rare earth content To be reported

22 Apparent Bulk density To be reported

23 Pore volume To be reported

24 Alumina content To be reported

25 Carbon content To be reported

26 Particle size distribution (individual weight

fractions of 0-20 microns, 0-40 microns, 0-

80 microns, 0-105 microns, 0-149 microns ,

> 149 microns

To be reported

27 Average Particle Size To be reported


Page 38 of 94

10.2 The vendor shall provide to BPCL Kochi Refinery sufficient sample bottles/containers and

cardboard carton boxes for sending E-cat samples to vendor’s laboratory.

10.3 Vendor shall arrange courier service for delivery of e- catalyst samples to the vendor’s laboratory.

10.4 Equilibrium catalyst results should be e-mailed or faxed on completion of testing. The relevant fax

Number / e-mail ID of the recipients will be communicated to the successful bidder

10.5 While supplying the catalyst, after packing, each bag shall be stenciled with (1) Supplier’s name (2)

Product name (3) BPCL, Kochi Refinery indent reference and date (4) weight in Kg.

10.6 The vendor shall paint the first aid/safety information on each supplied catalyst super sack.

10.7 Vendor shall provide quality/test certificate for each batch of supplied catalyst. BPCL Kochi

Refinery reserve right to weigh the catalyst bags at their site and any difference in weight to be

compensated by the vendor at no extra cost to BPCL Kochi Refinery.

Manufacturer to indicate acceptance of the above mentioned clauses. In case of any

deviation(s), the manufacturer shall clearly indicate the same. In case of non-conformance of

any of the pre-qualification criteria, the offer is liable to be rejected.

Test run data dated

Test Run on 24th January 2018 (Case 1)

Table 17: Typical Operating data Case 1

Operating condition Units Values

VGO Feed Rate MT/hr 200

CLO Recycle MT/hr 25

Torch Oil to Regen MT/hr 3.5

Reactor temperature oC 510.0

Feed preheat temperature oC 314.8

Regen dense bed temp oC 677.7

Regen dilute bed temp oC 705.3


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Regen cyclone outlet temp oC 719.0

Air to regenerator MT/hr 234.3

Regenerator pr. Kg/ cm2 (g) 1.15

RCSV delta P Kg/ cm2 0.94

SCSV delta P Kg/ cm2 0.52

Reactor regenerator delta P Kg/ cm2 0.38

Main column overhead receiver pressure Kg/ cm2 (g) 0.7

Cat/oil ratio (calculated) NA 10.8

Catalyst circulation rate (calculated) MT/hr 36.91

E cat MAT Wt% 74

Typical product pattern ( TBP cut point basis)

Sponge gas MT/hr 5.38

LPG MT/hr 79.01

CCN (C5-200 oC) MT/hr 91.12

LCO (200 oC -360 oC) MT/hr 14.11

CLO 360oC+ MT/hr 0.00

Coke+ loss MT/hr 14.75

CCN RON 96.0

Test Run on 17th March 2018 (Case 2)

Table 18: Typical Operating data Case 2

Operating condition Units Values

VGO Feed Rate MT/hr 275

CLO Recycle MT/hr 25


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Torch Oil to Regen MT/hr 4.25

Reactor temperature oC 501.91

Feed preheat temperature oC 310.62

Regen dense bed temp oC 706.30

Regen dilute bed temp oC 743.06

Regen cyclone outlet temp oC 743.66

Air to regenerator MT/hr 280.99

Regenerator pressure Kg/ cm2 (g) 1.25

RCSV delta P Kg/ cm2 1.06

SCSV delta P Kg/ cm2 0.52

Reactor Regenerator delta P Kg/ cm2 0.38

Main column overhead receiver pressure Kg/ cm2 (g) 0.76

Cat/oil ratio (calculated) 7.60

Catalyst circulation rate (calculated) MT/hr 35.36

E cat MAT Wt% 74

Typical product pattern ( TBP cut point basis)

Sponge gas MT/hr 6.49

Propylene MT/hr 36.75

LPG MT/hr 59.44

CCN (C5-200 oC) MT/hr 125.42

LCO (200 oC -360 oC) MT/hr 29.92

CLO 360oC+ MT/hr 0.00

Coke+ loss MT/hr 21.21

CCN RON 95.6


Page 41 of 94

Annexure A of technical specifications

Format for Predicted Yield Pattern of PFCC Unit BPCL Kochi Refinery

Predicted Yield pattern

Feed: Unit throughput (fresh VGO feed) @ 275 MT/hr and max 34 MT/day of CLO recycle.

Reactor temperature: As specified by the Bidder subject to the operating range of 510 oC -535 oC

Product Composition / Boiling Point Figs in % wt.

Case 1

Figs in % wt.

Case 2

Sponge gas C1,C2 components Bidder to specify the

value

Bidder to specify the

value

Propylene C3= Bidder to specify the

value


value

LPG C3,C4 components Bidder to specify the

value


value

CCN* C5-200 0C based on ASTM D

86


value


value

Light Cycle Oil

(LCO)*

200 0C-360 0C based on

ASTM D 86


value


value

Clarified Oil

(CLO)*

360 0C + based on ASTM D

1160 or ASTM D 6352


value


value

Coke and loss Bidder to specify the

value


value

Product Properties

CCN RON Bidder to specify the

value


value

CCN Density kg/m3 Bidder to specify the

value


value

*5% Distillation overlap allowed


Page 42 of 94

ANNEXURE – D

Pre Qualification Criteria

A. Technical Criteria

1. The bidder should be a Catalyst Manufacturer or a Catalyst Manufacturer’s

Authorized/Sole-Selling Agent and should have supplied Fresh Catalyst for FCCU to

any Refinery during the period of last 5 years from the date of tender. The total

quantity of FCCU catalyst supplied by the Catalyst Manufacturer or the Catalyst

Manufacturer’s Authorized/Sole-Selling Agent during these 5 years shall not be less

than 1500 MT.

2. In case the bidder is not a Catalyst Manufacturer, but the Catalyst Manufacturer’s

Authorized/Sole-Selling Agent, then the bidder should meet the above criteria (point

no.1.1) of having supplied catalyst for FCCU to any Refinery from the same

manufacturer, who has authorized the bidder to quote against the current tender.

3. In case bids are not submitted by Manufacturers themselves, but are submitted by the

Catalyst Manufacturer’s Authorized/Sole-Selling Agent, an appropriate declaration

from the concerned manufacturer in the manufacturer’s letter-head is to be submitted

along with the bid, as a proof that the said bidder is their (manufacturer’s)

Authorized/Sole-Selling Agent and will be supplying the FCC catalyst manufactured

by the said manufacturer. This declaration shall have reference of current tender, with

an undertaking that the catalyst shall be supplied as per the quantity, quality and other

commitments made in the offer.

4. The bidder shall submit necessary documentary proof such as purchase order copy /

letter from a buyer’s representative in order to support the above criteria (point no 1)

and also provide name and address of buyer’s representative and contact details which

shall include e-mail, FAX number and telephone number of the buyer’s representative

along with the technical bid.

The bidder shall submit a statement in excel format indicating the following details a)

Buyer’s Name b) Buyer’s contact details (Name & designation, e-mail, telephone

number) c) Purchase order Number d) Purchase order date e) Quantity Ordered f)

Quantity Supplied g) Invoice Number & Date. A hard copy of this statement shall be

uploaded along with technical bid.

Copies of invoices: 1 copy of invoice for each order indicated above to be provided.

In addition to these copy/copies, BPCL may ask for copy/copies of invoice(s) on

random basis for verification.

5. The Catalyst manufacturer shall have in-house Research & Development facilities and

manufacturing facilities and the same shall be made available for technical support

during the complete tenure of catalyst supply to BPCL for the offered catalyst, in case

the order is awarded to the bidder. The bidder shall provide the documents such as

photograph of the facilities and brochures as a proof. The document shall also contain


Page 43 of 94

the year of establishment of facilities, registration document, a notarized copy of the

Authority letter or Consent letter or Permit letter or License etc. notarized by way of

evidence.

6. In case the Authorized Sole-Selling Agent of the catalyst manufacturer is awarded the

tender for the supply of catalyst, an undertaking from the Catalyst manufacturer shall

be attached with the bid stating that Catalyst manufacturer’s in-house Research &

Development facilities shall be made available for technical support during the

complete tenure of catalyst supply to BPCL for the offered catalyst. The Sole-Selling

Agent shall provide the documents such as photograph of the facilities and brochures

of the original Catalyst manufacturer as a proof. The document shall also contain the

year of establishment of facilities, registration document, a notarized copy of the

Authority letter or Consent letter or Permit letter or License etc. notarized by way of

evidence.

7. On receipt of intimation from BPCL, the bidder has to take back the quantity of spent

catalyst (e-cat) generated from FCCU during the duration of the catalyst supply

including the existing e-cat, without any liability to BPCL for disposal of the said

spent catalyst by the supplier. The bidder shall arrange for safe disposal of the catalyst

by following all required Statutory Norms.

The expected quantity of spent catalyst is up to 85% of fresh catalyst supplied by the

vendor. The vendor shall agree to take back the Spent Catalyst so generated during the

contract period and also beyond 6 (six) months from the date of expiry of the contract.

The spent catalyst in bags should be collected from BPCL Kochi Refinery by the

bidder, at no cost to BPCL.

B. Financial Criteria

1. The average annual turnover of the bidder in the immediately preceding 3 completed

financial years ( 2015-16, 2016-17, 2017-18) should not be less than INR 12.13 Crores

(US $ 1,863,000).

In case the bidder is not a Catalyst Manufacturer, but the Catalyst Manufacturer’s

authorized supplier, then both the bidder and the Catalyst Manufacturer should meet

this financial criteria separately.

2. The bidder’s net worth as per latest audited balance sheet should be positive. In case

the bidder is not a Catalyst Manufacturer, but the Catalyst Manufacturer’s authorized

supplier, then both the bidder and the Catalyst Manufacturer should meet the above

criteria.

The above confirmation should be supported by copy / copies of documents such as

Audited Profit & Loss Account, Audited Balance sheet etc. for the immediately

preceding three financial years. Further, for bidders who have not finalized their books of

account for the financial year 2017-18, evaluation of these criteria would be done for the

immediately preceding three financial year(s) ending 2016-17 for which books of account has

been finalized.


Page 44 of 94

3. The bidder shall submit performance bank guarantee for 10% of the total value of

quantity tendered, i.e. for 3000 MT in this case. The performance bank guarantee

shall be valid for a period of 2 years from the date of purchase order / call off +

delivery period + 6 months as claim lodging period.

C. Earnest Money Deposit:

The Indian bidder shall submit EMD of Rs. 10,00,000 (INR Ten Lakh Only) and foreign

bidder shall submit US$ 14,825 (USD fourteen thousand eight hundred and twenty five

dollars) in favor of BPCL. Please refer clause 4 of Annexure B for details.

D. Holiday Listing

Bidders serving holiday listing order issued (as on PQ bid opening date) by BPCL,

MOP&NG or any other Oil PSEs would not get qualified in this tender.

A declaration to be submitted by bidder indicating that they are not on holiday list by

BPCL / MOP&NG or any other Oil PSEs as on due date of bid submission anywhere in

the country. Offers not accompanied with such declaration shall make the bidders liable

for rejection. Any wrong declaration in this context shall make the bidders liable for

action under the Holiday Listing procedure."

E. Integrity Pact

Bidders shall submit Integrity Pact duly signed and stamped as a part of PQ bid failing

which the offer will be liable for rejection.

Copies of PQC documents to be submitted by Indian bidders for this tender should be

duly verified with originals & attested by any one of the independent third party

inspection agency (TPIA) duly approved by BPCL. Please refer (Annexure I) for details.

Foreign bidders to refer (Annexure II) enclosed for fulfilling requirement of certification

of copies of PQ documents to be submitted along with PQ bid.


Page 45 of 94

Annexure I of PQC

Submission of documents in line with PQ criteria (for Indian bidders only)

Copies of PQC documents to be submitted for this tender should be duly verified with originals &

attested by any one of the following independent third party inspection agency (TPIA) duly

approved by BPCL :

SGS /GLISPL / IRS / DNV / LRIS / EIL / CEIL/ TATA Projects / PDIL / UIPL / RITES LTD /

ITSIPL

All charges of the third party for verification & attestations shall be borne by the Vendors.

Vendor has to upload the duly verified & attested documents along with the respective TPIA

verification certificates duly signed & stamped by authorized signatory of TPIA before the due

date of submission of the bids. An undertaking note from the TPIA and the vendor as per the

attached draft shall be uploaded as a part of the BQC/Techno-commercial bid as the case may be.

BPCL reserves the right not to consider the offer on account of non-compliance regarding

submission of BQC/techno-commercial related documents duly verified by the TPIA.

Undertaking from Vendor:

All the BQC/techno-commercial documents and credentials submitted/uploaded as a part of this

tender have been verified with the originals by TPIA.

It is certified that none of the documents are false/forged or fabricated. All the documents

submitted have been made having full knowledge of (i) the provisions of the Indian laws in

respect of offences including but not limited to those pertaining to criminal breach of trust,

cheating and fraud and (ii) provisions of bidding conditions which entitle Bharat Petroleum

Corporation Limited to initiate appropriate action in the event of such declaration turning out to

be a misrepresentation or false representation.

I further certify that additional documents, if any, required to be submitted by us (bidding agency)

shall be submitted under my knowledge and those documents shall also be true, authentic,

genuine, exact copy of its original and shall not be false/forged or fabricated.

We understand that BPCL reserves the right not to consider our offer on account of non-

compliance regarding submission of BQC/techno-commercial related documents duly verified by

the TPIA.

Authorised signatory

Seal & Date *****


Page 46 of 94

Format for Undertaking from TPIA

(On TPIA letter head duly stamped & signed)

Ref.: _____ Date: _______

The Procurement Manager,

CPO-Refineries,

Mumbai Refinery, Mahul, Chembur,

Mumbai – 400074

Dear Sir,

Subject: Verification of Bidder’s Qualification Criteria (BQC) related documents of the Tender

Ref: CRFQ No. 1000_________, E-tender System ID: __________

Tender for “________________________________________”

M/s. _______________________________________________________ with its registered

office at __________________________________ intend to participate in the tender for

“__________________________________________________________” for Bharat Petroleum

Corporation Limited, with registered office in Bharat Bhavan, 4 & 6 Currimbhoy Road, Ballard

Estate, Mumbai, India.

The tender conditions provide that the BIDDER shall submit PQC documents (as indicated in the

Annexure “______”) / page _____of this tender) duly verified by independent Third Party

Inspection Agency.

In this regard, this is to certify that copies of all the PQC related documents submitted to us for

verification have been verified by us with the originals and found to be genuine. We have signed

and stamped on the copies of all the verified documents having _______ pages.

_____________________________

(Signature of a person duly authorized to

Sign on behalf of the TPIA)

(Seal of the Company) / Date


Page 47 of 94

Annexure II of PQC

PQ documents to be submitted by Foreign Bidders for fulfilling PQ Criteria

Submission of authentic documents is the prime responsibility of the bidder. Wherever

BPCL has concern or apprehensions regarding the authenticity/correctness of any

document, BPCL reserve the right to get the documents cross-verified from the document

issuing authority.

All documents furnished by the Bidder in support of meeting the BQC shall be signed

and stamped by the bid signatory and shall be:

EITHER

“Duly certified by Statutory Auditor of the bidder or a practicing Chartered Accountant

(not being an employee / Director and not having any interest in the bidder’s

company) where audited accounts are not mandatory as per law (in line with the

present system)”

OR

“Bidder shall submit documents duly notarized by any notary public in the bidder’s

country or certified true copies duly signed, dated and stamped by an official authorized

for this purpose in Indian Embassy/ High Commission in Bidder’s country.”

OR

“Bidder shall submit self-certified documents in original from any one out of CEO or

CFO or Company Secretary of the bidder (Limited company only) along with Self-

Certification as per Form - “A” appended below. This option shall not be applicable to

Proprietorship/Partnership firms.”

Requirement of above certification shall not be applicable to published audited annual

financial statements in English, if original booklets are submitted.

In the event of submission of any document/ certificate by the bidder in a language other

than English, the bidder shall get the same translated into English and submit the same

after getting the translation duly authenticated by local Chamber of Commerce of

bidder’s country.”

All the certified documentation against BQC shall be uploaded by the bidder on BPCL e-

tendering website along with the e-bid.

Bidder should ensure submission of complete information/documentation in the first

instance itself, in support of their fulfilling the qualification/eligibility criteria. BPCL

reserves the right to complete the evaluation based on the details furnished without


Page 48 of 94

seeking any additional information. Subsequent to the submission of bid, bidders are not

allowed to change the price or substance of the bid.

Form-A

SELF-CERTIFICATION

I, _____________________ S/o/D/o of _________________________________,

working as CEO/CFO/Company Secretary (indicate, as applicable) of the Company

___________________________having its registered office at _______________ certify

that all the details including documents pertaining to Bidder Qualification Criteria signed

by undersigned vide our offer reference ___________________ against your Enquiry

document ______________________________________, are true, authentic, genuine

and exact copy of its original.

It is certified that none of the documents are false/forged or fabricated. All the documents

submitted has been made having full knowledge of (i) the provisions of the Indian laws in

respect of offences including, but not limited to those pertaining to criminal breach of

trust, cheating and fraud and (ii) provisions of bidding conditions which entitle the BPCL

to initiate action in the event of such declaration turning out to be a misrepresentation or

false representation.

I further certify that further documents, if any, required to be submitted by our company,

shall be submitted under my knowledge and those documents shall also be true,

authentic, genuine, exact copy of its original and shall not be false/forged or fabricated.

DECLARATION

I, _____________________ S/o/D/o of _______________________________, working

as CEO/CFO/Company Secretary (indicate, as applicable) of the Company

______________________ having its registered office at _____________________with

reference to our bid ________________ against your Enquiry document

________________,declare that in case, at a later date, any of the document submitted in

our bid referred above is found to be false/forged or fabricated, I, shall be held

responsible for the same and BPCL has every right to take action against me and my

company, as deemed fit as per provisions of the bidding documents including BPCL’s

right to put our company on Holiday/Black list for future business with BPCL.

Specimen Signature of authorized representative

Signature & Seal

_______________________________________________________________________


Page 49 of 94

ANNEXURE – E1 PRICE SCHEDULE FOR INDIAN BIDDER

To GM CPO (R), Bharat Petroleum Corporation Limited, Mahul, Mumbai 400 074 Subject: Supply of fresh PFCCU Catalyst for KR for a period of two years; CRFQ No. 1000307731 /

06.06.2018 Offer Reference: _____________________________ Date: _________________ Reference subject CRFQ, we are pleased to submit our offer as per details below.

Description Quantity Ex – Works Price Unit Rate – Rs. Per MT

Fresh Catalyst for PFCCU in Kochi Refinery Bidder to Indicate – Product/Brand Name and shall submit along with Technical Bid.

3000 MT

Quoted / Not Quoted

HSN Code

Invoice Location

GST type and rate - %

Freight Charges - % of unit rate Quoted / Not Quoted

EMD - Details / Particulars

Delivery Period

Validity of Offer

Delayed Delivery Clause Acceptable / Not Acceptable.

Accept to submit Performance Bank Guarantee Yes / No

Place of Despatch Transit Insurance

Will be arranged by BPCL

Payment terms Acceptable/Not acceptable


Page 50 of 94

Above quoted price is only initial basic price. In addition to the above initial basic price, RE price adjustment and NG price adjustment factor would be considered in billing for the actual shipments as per the formulae prescribed in Annexure B, Clause 2.3 of the tender document.

We have gone through the details of the Terms & Conditions of BPCL for this tender and we agree to abide by the same. For and on behalf of ………………………………………………………………. Signature & Seal Date_________________________; Place________________________ Signature & Seal of the Bidder

**********


Page 51 of 94

ANNEXURE – E2

PRICE SCHEDULE FOREIGN BIDDER To GM CPO (R), Bharat Petroleum Corporation Limited, Mahul, Mumbai 400 074 Subject: Supply of fresh PFCCU Catalyst for KR for a period of two years; CRFQ No. 1000307731 /

06.06.2018 Reference subject CRFQ, we are pleased to submit our offer as per details below. Offer Reference: __________________________ Date: __________________ Currency: _______________

Description Quantity FOB VALUE Unit Rate per MT

Fresh Catalyst for PFCCU in Kochi Refinery Bidder to Indicate – Product/Brand Name and shall submit along with Technical Bid.

3000 MT

__________________

Quoted / Not Quoted

Ocean Freight, up to Kochi Port – per MT

Quoted / Not Quoted

Transit Insurance

Will be arranged by BPCL

HSN code

Port of Despatch

Delivery Period (FOB basis)

Validity of Offer

Payment Terms

BPCL Terms: Acceptable / Not Acceptable

Please specify payment term.


Page 52 of 94

Delayed Delivery Clause

Acceptable / Not Acceptable

Performance Bank Guarantee

Will be Submitted / Will not be submitted

Packing Details

EMD Details

Above quoted price is only initial basic price. In addition to the above initial basic price, RE price adjustment and NG price adjustment factor would be considered in billing for the actual shipments as per the formulae prescribed in Annexure B, Clause 2.3 of the tender document.

We have gone through the details of the Terms & Conditions of BPCL for this tender and we agree to abide by the same. For and on behalf of ………………………………………………………………. Signature & Seal Date_________________________; Place________________________ Signature & Seal of the Bidder

**********


Page 53 of 94

Annexure F

AGREED TERMS & CONDITIONS

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

Sr. No.

Tender Requirement Bidder’s confirmation / Acceptance / comments to be mentioned for each item

A PQ Bid

1 Bidder to confirm that all document for PQ bid has been

uploaded as per the list given in clause 2.1 of Annexure B .

B TECHNICAL:

1 Confirm that you are a bona fide manufacturer of the tendered item and a proof of the same is submitted.

2 Confirm that you are meeting Pre-Qualification criteria (Technical Criteria) and required documents in support of the same have been submitted with Technical / Un-priced Bid.

3 Confirm that the offer has been submitted strictly as per the Tender Documents cum Offer Format.

4 Confirm that all pages of attached Technical Specifications have been submitted (duly signed and stamped) with Technical Bid.

5 Confirm that the physical and chemical properties of the material have been indicated in the quotation

6 a) Confirm that there is no technical deviation. The offered product is same as per tender specification.

b) In case of any deviation, confirm that the same has

been indicated in Annexure “G”.

c) Confirm that any deviations / reservations / notes / comments etc, given elsewhere in the offer other than Annexure “G” may not be considered.

7 Confirm that the sample (Main Catalyst) as required is submitted and proof of submission of sample is attached with tender document.

B COMMERCIAL

1 Confirm that you are meeting Pre-Qualification criteria (Financial Criteria) and required documents in support of the same have been submitted with Un-priced Bid.

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


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3 Indicate the quoted currency.

4 Indicate Country of Origin of goods offered.

5 Confirm that the prices are given strictly as per price schedule and as required the Guaranteed Yield Pattern is also indicated.

6 Details of Packing of goods offered.

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

8 For Foreign Bidders: Confirm whether FOB and CFR prices have been indicated in the offer, with gateway port of exit. Indicate Gateway Port of Exit.

9 For Foreign Bidders: Charges to shipping agencies shall be borne by the vendor, if order is placed on CFR basis.

10 Indicate earliest firm delivery period. Foreign bidders to indicate earliest FOB delivery period. This shall be reckoned from the date of LOA / Purchase order / Call Off order issued by respective refinery’s P & C S Department.

11 Confirm that the Prices (basic rate) shall be FIRM till complete execution of the order and shall not be subject to variation on any account.

12 Confirm that the quoted prices are valid for acceptance up to 120 days from the closing date of this enquiry.

13 On account of exigencies, if the bidder is requested to extend the validity of their offer, the same should be extended.

14 On award of contract, the quoted price as per order will be valid for supplies till complete execution of the ordered quantity.

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

16 For Indian Bidders: Please provide HSN code and invoice location here.

17 Wherever supplier is an importer and is offering imported material, with CVD+SAD amount quoted separately, the said CVD+SAD amount shall be reimbursed by BPCL only


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after receipt of proper document to avail CENVAT CREDIT benefit for the said CVD+SAD amount. Bidder to note & confirm.

18 In case freight is claimed inclusive of any service tax amount, confirm whether you will mention the freight amount & service tax amount separately in the invoice, with service tax registration number under which the service tax on freight is paid by you.

19 The rates shall be inclusive of works contract tax wherever applicable.

Not Applicable.

20 For Indian Bidders: Statutory variation in duties & taxes for the material to supplied, during contractual delivery period shall be to BPCL account. Any increase in the rate of tax beyond Contractual Delivery Date (CDD) shall be to vendor’s account. Any increase in the rates of duties & taxes beyond the contractual completion date or approved extended contractual completion date will be borne by BPCL to the extent CENVATABLE documents passed on to BPCL and BPCL is in a position to get the CENVAT claim from the authorities. However, the benefit of any reduction must be passed on to BPCL – Bidder to confirm above.

21 Prices quoted shall exclude transit insurance charges as the same shall be arranged by BPCL.- Vendor to note

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

23 For Foreign Bidders: Confirm that all taxes, duties and levies of any kind up to port of shipment shall be borne by supplier.

24 Confirm acceptance of BPCL’s “General Purchase Conditions” (GPC).

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

26

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

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

Not Applicable


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28 Acceptance to price reduction for delay in delivery beyond contractually agreed schedule @ ½% of order value per week of delay or part thereof, subject to a ceiling of 5% of total order value as per clause in BPCL’s GPC.

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

Not Applicable.

30 Payment term : Supply of Material:

Indian Vendor – 100% payment shall be made within 30 days of receipt and acceptance of material at site against submission of Performance Bank Guarantee.

Foreign Vendor – 100% payment will be released on submission of original documents directly to Owner (Telegraphic Transfer – TT) or through bank (Cash against documents – CAD) or through irrevocable letter of credit against submission of Performance Guarantee. Services:

Payment for services relating to loading (including

equipment charges) & start up would be released after

completion of PGTR, Per-diem charges (if applicable) within

30 days after completion of the services.

Not Applicable.

31 Performance Bank Guarantee (PBG): Confirm that you will furnish PBG for 10% of order value (cost of 3000 MT) in the prescribed format as indicated in our GPC. In case the PBG is furnished by any foreign bank, the same shall be countersigned by Indian Branch of the Foreign Bank, which should be a scheduled bank as per Reserve Bank of India or by any scheduled bank. The PBG shall be valid for two years from the date of contract + Delivery period + 6 months claim lodging period and shall be furnished within 15 days of purchase order. The PBG should be sent to us directly by your Banker.


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Offer without acceptance of this condition is liable to be rejected.

32 Details of Earnest Money Deposit (EMD). Confirm that the offer is accompanied by EMD (as indicated in tender document) and a proof of same is submitted by you. Offer without EMD is liable to be rejected.

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

34 Indicate relationship with any of our Directors.

35 Please confirm you have filed declaration regarding holiday listing in format Annexure H. In case you have been banned or delisted by any Government or Quasi Government agencies or PSUs, this should be clearly stated in the declaration. If this declaration is not furnished, the bid shall be rejected as non-responsive.

36 You are requested to furnish the following information for e-payment: Name of the vendor/contractor party Account No. of the party Bank & Branch Name where the above account is maintained Type of account (current/saving/cash credit A/c) Branch code of the above bank branch – For Indian Bidders MICR code of the above branch. – For Indian Bidders SWIFT Code. – For Foreign Bidders.

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


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Government or the Union Territory Administration., along with the offer for availing the privileges.

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

39 In the case of a bidder with a Non-resident status under Indian Income Tax provisions, the following to be confirmed :- Whether the bidder is having a permanent establishment in India; Whether the bidder is having an Indian Income Tax PAN Number. Whether a Tax Residency Certificate (TRC) under section 90(4) of the Income Tax Act, 1961, to facilitate remittances from India, will be submitted on award of contract; (Bidders with Resident Status may answer this item as “Not Applicable”)

40 Sample, Sample testing, Performance Guarantee Test Run and Penalty for failure will be as per tender terms and conditions.

41 I have downloaded the tender document from the site indicated in the tender and have taken print out of the same for submission. I hereby declare that no terms and conditions / wordings / sentences have been changed or modified by me in the tender document at the time of submission of the tender.

42 Referred BPCL’s Holiday Listing Policy.

43 Referred and understood PPLC policy uploaded along with tender document. Necessary documents have been uploaded to avail the same.

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

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ANNEXURE - G

List of Deviations to the tender document:

Deviations if any, shall be indicated in this Annexure only and shall be submitted along with

Technical Bid. Deviations indicated elsewhere in the tender document may not be considered

by BPCL. In case of no deviation, bidder shall indicate remark NIL in this annexure and submit

along with Technical Bid.

SR. No. /

Annexure

Reference Clause of Tender Document Deviation

Place: For and on behalf of

Date:

Signature & seal of the vendor

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ANNEXURE - H PROFORMA OF DECLARATION OF BLACK LISTING / HOLIDAY LISTING

Bidders are required to incorporate appropriate remark in the category applicable to them and submit

the same along with Technical Bid.

In the case of a Proprietary Concern:

I hereby declare that neither I in the name of my Proprietary concern M/s. _________________ which is

submitting the accompanying Bid/Tender nor any other concern in which I am proprietor nor in any

partnership firm in which I am involved as a Managing Partner have been placed on black list or holiday

list declared by Bharat Petroleum Corporation Limited or its Administrative Ministry, except as indicated

below:

(Here give particulars of black listing or holiday listing and in absence thereof state “NIL”).

In the case of a Partnership Firm

We hereby declare that neither we M/s. _________________ submitting the accompanying Bid/Tender

nor any partner involved in the management of the said firm, either in his individual capacity or as

proprietor of any firm or concern have or has been placed on black list or holiday list declared by Bharat

Petroleum Corporation Limited or its Administrative Ministry, except as indicated below:


In the case of Company

We hereby declare that we have not been placed on any holiday list or black list declared by Bharat

Petroleum Corporation Limited or its Administrative Ministry, except as indicated below:


It is understood that if this declaration is found to be false in any particular respect, Bharat Petroleum Corporation Limited or its Administrative Ministry, shall have the right to reject my/our bid, and if the bid has resulted in a contract, the contract is liable to be terminated.

Place: For and on behalf of

Date:

Signature & seal of the vendor

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ANNEXURE - I

Bharat Petroleum Corporation Limited General Purchase Conditions

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

INDEX

1. DEFINITIONS 2. REFERENCE FOR DOCUMENTATION 3. RIGHT OF OWNER TO ACCEPT OR REJECT TENDER 4. LANGUAGE OF BID 5. PRICE 6. TAXES AND DUTIES 7. INSPECTION 8. SHIPPING 9. INDIAN AGENT COMMISSION 10. ORDER AWARD / EVALUATION CRITERIA 11. CONFIRMATION OF ORDER 12. PAYMENT TERMS 13. GUARANTEE/WARRANTY 14. PERFORMANCE BANK GUARANTEE 15. PACKING & MARKING 16. DELIVERY 17. UNLOADING AND STACKING 18. TRANSIT INSURANCE 19. VALIDITY OF OFFER 20. DELIVERY DATES AND PRICE REDUCTION SCHEDULE 21. RISK PURCHASE CLAUSE 22. FORCE MAJEURE CLAUSE 23. ARBITRATION CLAUSE 24. INTEGRITY PACT (IP) 25. RECOVERY OF SUMS DUE 26. CONFIDENTIALITY OF TECHNICAL INFORMATION 27. PATENTS & ROYALTIES 28. LIABILITY CLAUSE 29. COMPLIANCE OF REGULATIONS 30. REJECTION, REMOVAL OF REJECTED GOODS AND REPLACEMENT 31. NON-WAIVER 32. NEW & UNUSED MATERIAL 33. PURCHASE PREFERENCE CLAUSE 34. CANCELLATION 35. ANTI –COMPETITIVE AGREEMENTS/ABUSE OF DOMINANT POSITION 36. ASSIGNMENT 37. GOVERNING LAW 38. AMENDMENT 39. SPECIAL PURCHASE CONDITIONS 40 NOTICES


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Bharat Petroleum Corporation Limited

General Purchase Conditions

1. DEFINITIONS:

The following expressions used in these terms and conditions and in the purchase order shall

have the meaning indicated against each of these:

1.1. OWNER: Owner means Bharat Petroleum Corporation Limited (a Government of India

enterprise), a Company incorporated in India having its registered office at Bharat Bhavan, 4 & 6

Currimbhoy Road, Ballard Estate, Mumbai 400038 and shall include its successors and 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)/purchase order is issued and shall include its successors and assigns.

1.3. INSPECTOR: Person/agency deputed by BPCL for carrying out inspection, checking/testing of

items ordered and for certifying the items conforming to the purchase order specifications..

1.4. GOODS / MATERIALS: means any of the articles, materials, machinery, equipments, supplies,

drawing, data and other property and all services including but not limited to design, delivery,

installation, inspection, testing and commissioning specified or required to complete the order.

1.5. SITE / LOCATION: means any Site where BHARAT PETROLEUM CORPORATION LTD. desires to

receive materials anywhere in India as mentioned in RFQ.

1.6. “RATE CONTRACT” means the agreement for supply of goods/ materials between Owner and

Vendor, for a fixed period of time (i.e till validity of Rate Contract, with no commitment of

contractual quantity) on mutually agreed terms and conditions. The actual supply of goods/

materials shall take place only on issue of separate purchase orders for required quantity as and

when required by Owner.

1.7. “FIRM PROCUREMENT” means the agreement between the parties for mutually agreed terms

and conditions with commitment of Quantity 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 Rate Contract / Purchase Order.

2.2. After finalization of Contract / Purchase Order: The number and date of Rate Contract /

Purchase Order must appear on all correspondence, drawings, invoices, dispatch advices,

(including shipping documents if applicable) packing list and on any documents or papers

connected with this order.


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2.3. In the case of imports, the relevant particulars of the import Licence shall be duly indicated in the

invoice and shipping documents as 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 correspondence whatsoever exchanged by

Vendor and Owner, shall be in English language 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 on the ground of statutory

levies applicable on the tendered items.

6. TAXES AND DUTIES:

All vendors shall have VAT / CST/GST/Service tax registration in the concerned State and vendor

shall quote their TIN number in the quotation.

6.1. EXCISE DUTY:

6.1.1. Excise duty extra as applicable at the time of delivery within scheduled delivery period will be

payable by BPCL against documentary evidence. Vendor shall mention in their offer, the

percentage of excise duty applicable at present. Any upward variation in excise duty rates,

beyond the contractual delivery period, shall be to vendor’s account.

6.1.2. In case Excise Duty is not applicable at present: Excise duty due to change in turnover is not

payable. If applicable in future, the same will be borne by vendor.

6.1.3. Owner shall take CENVAT Credit on the material supplied for both 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 of excise invoice

(transporter’s copy) at the time of delivery of goods at owner’s site.

6.2. SALES TAX / VAT/GST:

6.2.1. Sales Tax as applicable at the time of delivery within scheduled delivery period will be payable

by BPCL. Vendor shall give details of local sales tax and/oror central sales tax currently

applicable in their offer. The rates applicable for “CST without form C”, “CST with form C" and

“VAT” shall be clearly indicated.


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6.2.2. Input VAT Credit may be claimed by BPCL, wherever applicable. Vendor shall submit the TAX

invoice.

6.3 Service tax:

All vendors shall have service tax registration wherever applicable. BPCL may also claim CENVAT

Credit on service tax. The vendor should quote service tax separately, if applicable. Vendor shall

submit the TAX invoice. Vendor is required to furnish serially numbered and signed invoice / bill

/ challan containing the following details:

a) Name, address and registration number of the service provider b) Name and address of person receiving taxable service c) Description, classification and value of taxable service provided d) Service Tax Payable

6.4 FREIGHT AND OCTROI:

6.4.1 Freight: Firm freight charges to be quoted as indicated in the Tender documents. Freight shall be

payable after receipt of the Material(s) at the site, unless otherwise specified.

6.4.2. Octroi and entry taxes, if any, shall be invoiced separately and shall be reimbursed by BPCL at

actual after receipt of the Material(s) at the Site against the submission of original documentary

evidence for proof of payment of the related octroi and entry taxes, as the 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 on the date of delivery during

the scheduled delivery period on finished materials will be on BPCL's account. Any upward

variation in statutory levies after contractual delivery date shall be to vendor’s account.

7. INSPECTION:

7.1. Materials shall be inspected by BPCL approved third party inspection agency if applicable before

dispatch of materials. However, arranging and providing inspection facilities is entirely vendor’s

responsibility and in no way shall affect the delivery schedule.

7.2. Scope of Inspection shall be as per RFQ. Our registered third party inspection agencies are

SGS/GLISPL/IRS/DNV/LRIS/EIL/TATA Projects/PDIL/ULIPL/RITES LTD/ITSIPL as amended time to

time unless otherwise specified in the Special Purchase Conditions.


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7.3. Unless otherwise specified, the inspection shall be carried out as per the relevant standards /

scope of inspection provided along with the Tender Enquiry/Purchase Order.

7.4. BPCL may, at its own expense, have its representative(s) witness any test or inspection. In order

to enable BPCL’s representative(s) to witness the tests/inspections. BPCL will advise the Vendor

in advance whether it intends to have its representative(s) be present at any of the inspections.

7.5. Even if the inspection and tests are fully carried out, the Vendor shall not be absolved from its

responsibilities to ensure that the Material(s), raw materials, components and other inputs are

supplied strictly to conform and comply with all the requirements of the Contract at all stages,

whether during manufacture and fabrication, or at the time of Delivery as on arrival at site and

after its erection or start up or consumption, and during the defect liability period. The

inspections and tests are merely intended to prima-facie satisfy BPCL that the Material(s) and

the parts and components comply with the requirements of the Contract. The Vendor’s

responsibility shall also not be anywise reduced or discharged because BPCL or BPCL’s

representative(s) or Inspector(s) shall have examined, commented on the Vendor’s drawings or

specifications or shall have witnessed the tests or required any chemical or physical or other

tests or shall have stamped or approved or certified any Material(s).

7.6. Although material approved by the Inspector(s), if on testing and inspection after receipt of the

Material(s) at the location, any Material(s) are found not to be in strict conformity with the

contractual requirements or specifications, BPCL shall have the right to reject the same and hold

the Vendor liable for non-performance of the 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 per procedure detailed hereunder. The Foreign Supplier shall

arrange with Vessels Owners or Forwarding Agents for proper storage of the entire Cargo

intended for the project in a specific manner so as to faciliate and to avoid any over carriage at

the port of discharge. All shipment shall be under deck unless carriage on deck is unavoidable.

The bills of lading should be made out in favor of `Bharat Petroleum Corporation Ltd. or order'.

All columns in the body of the Bill of Lading namely marks and nos., material description, weight

particulars etc., should be uniform and accurate and such statements should be uniform in all

the shipping documents. The freight particulars should mention the basis of freight tonnage,

heavy lift charges, if any, surcharge, discount etc. clearly and separately. The net total freight

payable shall be shown at the bottom.

SHIPPING DOCUMENTS:


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All documents viz. Bill of Lading, invoices, packing list, freight memos, Country of origin

certificates, test certificate, drawings and catalogues should be in English language.

In addition of the bill of lading which should be obtained in three stamped original plus as many

copies as required, invoices, packing list, freight memos,(if the freight particulars are not shown

in the bills of lading), country of origin certificate, test / composition certificate, shall be made

out against each shipment in as many number of copies as shown below.

The bill of lading, invoice and packing list specifically shall show uniformly the mark and

numbers, contents case wise, country of origin, consignees name, port of destination and all

other particulars as indicated under clause 2. The invoice shall show the unit rates and net total

F.O.B. prices. Items packed separately should also be invoiced and the value shown accordingly.

Packing list must show apart from other particulars actual contents in each case, net and gross

weights and dimensions, and the total number of packages. All documents should be duly

signed by the Vendor's authorized representatives.

In the case of FOB orders, Shipping arrangements shall be made by the Chartering Wing

of the Ministry of Surface Transport, New Delhi through their respective forwarding agents. The

names and addresses of forwarding agents shall be as per Special Purchase Conditions. Supplier

shall furnish to the respective agents the full details of consignments 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 to enable the

concerned agency to arrange shipping space.

The bill of lading shall indicate the following:

Shipper: Government of India

Consignee: Bharat Petroleum Corporation Ltd.

In case of supplies from USA, Export Licences, if any required from the American Authorities

shall be obtained by the U.S. Suppliers. If need be assistance for obtaining such export licences

would be available from India Supply Mission at Washington.

8.2 AIRSHIPMENT:

In case of Air shipment, the materials shall be shipped through freight consolidator (approved by

us). The airway bill shall be made out in favour of BHARAT PETROLEUM CORPORATION LTD.

TRANSMISSION OF SHIPPING DOCUMENTS:

Foreign Supplier shall obtain the shipping documents in seven complete sets including three

original stamped copies of the Bill of Lading as quickly as possible after the shipment is made,

and airmail as shown below so that they are received at least three weeks before the Vessels


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arrival. Foreign Supplier shall be fully responsible or any delay and / or demurrage in clearance

of the consignment at the port due to delay in transmittal of the shipping documents.

If in terms of letter or otherwise, the complete original set of documents are required to be sent

to BPCL through Bank the distribution indicated below will confine to copies of documents only

minus originals.

Documents BPCL (Mumbai)

Bill of Lading 4 (including 1 original)

Invoice 4

Packing List 4

Freight Memo 4

Country of Origin Certificate 4

Third party inspection certificate 4

Drawing 4

Catalogue 4

Invoice of Third Party 4

for inspection charges whenever applicable.

9. INDIAN AGENT COMMISSION:

Any offer through Indian agents will be considered only after authorization mentioning them as

Indian agents, is received from Vendor. Indian agents commission if applicable will be payable

only in Indian currency. Indian agents should be registered with Directorate General of Supplies

and Disposals, Government of India and agency commission will be payable only after

registration with DGS&D, New Delhi.

10. ORDER AWARD / EVALUATION CRITERIA:

Unless otherwise specified, Order award criteria will be on lowest quote landed price basis.

Landed price will be summation of Basic Price, Packing & Forwarding Charges, Excise Duty, Sales

Tax, Freight, Inspection, Octroi, Supervision of Installation & Commissioning and other taxes &

levies, loading etc, if any, reduced by cenvat/vat credit as applicable.

11. CONFIRMATION OF ORDER:


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The vendor shall acknowledge the receipt of the purchase order within 10 days of mailing the

same. The vendor shall sign, stamp the acknowledgement copy of the purchase order and return

the same to BPCL.

12. PAYMENT TERMS:

12.1. Unless otherwise specified, 100% payment shall be made within 30 days from date of receipt

and acceptance of materials at Site against submission of Performance Bank Guarantee (PBG)

for 10% of basic order value if PBG is applicable for the tender.

12.2. In the case of imports, payment will be made on submission of original documents directly to

Owner (Telegraphic Transfer-TT) or through Bank (Cash against documents-CAD) or through

irrevocable Letter of Credit.

12.3. Unless otherwise mentioned, the specified documents (All documents listed below (one original

and two copies)) should be submitted to originator of P.O. (the name and contact details of

whom are given in PO) and payments for despatches will be made by the originator of Purchase

Order.

a) Invoice

b) Excise invoice

c) The Lorry Receipt of the consignment

d) Packing list for the consignment

e) Third Party Inspector’s Certificate covering the invoiced Material(s)/ Release Note,

wherever applicable

f) Manufacturers Test/Composition Certificate, wherever applicable

g) Drawing(s)/Catalogue(s) covering the Material(s) , wherever applicable

h) 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 from the date of commissioning or 18 months from the date of

dispatch whichever is earlier. Warranty for replacement of material / accessories should be

provided free of charges at our premises. The above guarantee/warranty will be without


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prejudice to the certificate of inspection or material receipt note issued by us in respect of the

materials.

13.2. All the materials including components and sub contracted items should be guaranteed by the

vendor within the warranty period mentioned above. In the event of any defect in the material,

the vendor will replace / repair the material at BPCL’s concerned location at vendor’s risk and

cost on due notice.

13.3. In case, vendor does not replace / repair the material on due notice, rejected material will be

sent to the vendor on “Freight to pay” basis for free replacement. Material after rectification of

defects shall 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 and responsibility.

13.4. The Vendor shall provide similar warrantee on the parts, components, fittings, accessories etc.

so repaired and / or replaced.

14. PERFORMANCE BANK GUARANTEE:

14.1. Vendor will have to provide Performance Bank Guarantee for 10% of the basic value of purchase

order unless otherwise specified. This bank guarantee shall be valid (shall remain in force) for

guarantee period (as mentioned in the guarantee clause), with an invocation period of six

months thereafter. In the case of Indigenous vendors, the Performance Bank Guarantee shall be

given on a non-judicial stamp paper of appropriate value (currently Rs 100). PBG format is as per

Annexure I.

In case, PBG is not provided by the Vendor, 10% of the basic value shall be retained in lieu of

PBG, till the expiry of guarantee and claim period.

In the case of imports, the Supplier shall furnish the Performance Bank 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 counter guaranteed by branches of Indian

scheduled banks operating in their Country/India. c) Indian branches of foreign banks. d) Foreign bank operating in their Country counter guaranteed by their Indian branch

However, in respect of c) and d) above, the Indian branch of foreign banks should be recognized

as scheduled bank by Reserve Bank of India.

14.2. If Vendor wants to submit the PBG at Contract level to avoid multiple number of PBG (i.e. PBG

issued against every purchase/call off order) then the validity of PBG will be calculated as

mentioned below:


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14.2.1. Validity of PBG = Rate Contract Issue Date (Start Date of Rate Contract) + Rate Contract Period

(validity of Rate Contract) + Contractual Delivery Period of material + Contractual Guarantee

period + 6 month (for invocation / Claim).

15. PACKING & MARKING:

15.1 PACKING:

15.1.1 Packing shall withstand the hazards normally encountered with the means of transport

for the goods of this purchase order including loading and unloading operation both by crane

and by pushing off.

In the case of imports, all equipments / materials shall be suitably packed in weather proof,

seaworthy packing for ocean transport under tropical conditions and for rail or road or other

appropriate transport in India. The packing shall be strong and efficient enough to ensure safe

preservance up to the final point of destination.

Raw/Solid wood packaging material of imported items has to be appropriately treated & marked

as per International Standard of Phytosanitary Measures (ISPM-15") for material originating

from the contracting countries to the International Plant Protection Convention or the members

of Food & Agriculture Organization. Material from non-contracting parties would have to be

accompanied by a phytosanitary certificate of the treatment endorsed. The Custom Officer at

Indian Port shall not release the material without appropriate compliance of the above

provisions w.e.f. 01.11.2004.

15.1.2 The packing specification incorporated herein are supplementary to the internal and external

packing methods and standards as per current general rules of J.R.A. Good Tariff Part-I. All

packaging shall be done in such a manner as to reduce volume as much as possible.

15.1.3 Fragile articles should be packed with special packing materials depending on the type of

Materials and the packing shall bear the words "HANDLE WITH CARE GLASS FRAGILE, DON'T

ROLL THIS END UP. THIS END DOWN," to be indicated by arrow.

15.1.4 Chemicals in powder form, catalyst, refractories and like materials 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 with the applicable rules, regulations and

tariff of all cognizant Government Authorities and other Governing bodies. It shall be the

responsibility of the seller of hazardous materials to designate the material as hazardous and to

identify each material by its proper commodity name and its hazardous material class code.

15.1.6 All package requiring handling by crane should have sufficient space at appropriate place to put

sling of suitable dia (strength). Iron/Steel angle should be provided at the place where sling

marking are made to avoid damage to package/ equipment while lifting.


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15.1.7 Item shipped in bundles must be securely tied with steel wire or strapping. Steel reinforcing

rods, bars, pipes, structural members etc. shall be bundled in uniform lengths and the weight

shall be within the breaking strength of the securing wire or strapping.

In the case of imports, for bundles the shipping marks shall be embossed on metal or similar tag

and wired securely on each end.

15.1.8 All delicate surfaces on equipment / materials should be carefully protected and printed with

protective paint/compound and wrapped to prevent rusting and damage.

15.1.9 All mechanical and electrical equipment and other heavy articles shall be securely fastened to

the case bottom and shall be blocked and braced to avoid any displacement/shifting during

transit.

15.1.10 Attachments and spare parts of equipment and all small pieces shall be packed separately in

wooden cases with adequate protection inside the case and wherever possible should be sent

along with the main equipment. Each item shall be suitably tagged with identification of main

equipment, item denomination and reference number of respective assembly drawing. Each

item of steel structure and furnaces shall be identified with two erection markings with

minimum lettering height of 15mm. Such markings will be followed by the collection numbers in

indelible ink/paint. A copy of the packing list shall accompany the materials in each package.

15.1.11 All protrusions shall be suitably protected by providing a cover comprising of tightly bolted

wooden disc on the flanges. All nozzles, holes and openings and also all delicate surfaces shall be

carefully protected against damage and bad weather. All manufactured surfaces shall be painted

with rust proof paint.

In the case of imports, for bulk uniform material when packed in several cases, progressive serial

numbers shall be indicated on each case.

15.1.12 Wherever required, equipment/materials instruments shall be enveloped in polythene bags

containing silicagel or similar dehydrating compound.

15.1.13 Pipes shall be packed as under:

a. Up to 50mm NB in wooden cases/crates. b. Above 50mm NB and up to 100mm NB in bundles and should be strapped at minimum three

places. c. Above 100mm NB in loose.

15.1.14 Pipes and tubes of stainless steel, copper etc. shall be packed in wooden cases irrespective of

their sizes.

15.1.15 Pipes with threaded or flanged ends shall be protected with suitable caps covers, before

packing.


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In the case of imports, all pipes and sheets shall be marked with strips bearing progressive

number.

15.1.16 Detailed packing list in waterproof envelope shall be inserted in the package together with

equipment/materials. One copy of the detailed packing list shall be fastened outside of the

package in waterproof envelope and covered by metal cover.

15.1.17 The supplier shall be held liable for all damages or breakages to the goods due to the defective

or insufficient packing as well as for corrosion due to insufficient protection.

15.1.18 Packaged equipment or materials showing damage defects or shortages resulting from improper

packaging materials or packing procedures or having concealed damages or shortages, at the

time of unpacking shall be to the supplier’s account.

All packages which require special handling and transport should have their Centres of Gravity

and the points at which they may be slung or gripped clearly indicated and marked “ATTENTION

SPECIAL LOAD HANDLE WITH CARE” both in English/Hindi Languages.

In the case of imports, a distinct color splash in say red black around each package crate /

bundle shall be given for identification.

15.1.19 Along with the packed material, supplier should attach material list, manuals/instructions and

also the Inspection certificate/release note, wherever applicable.

15.2. MARKING:

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

a) Purchase Order Number

b) Vendor Name

c) Batch number with manufacturing date

d) Procedure (in brief) for handling

e) 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 and expenses.

BHARAT PETROLEUM CORPORATION LIMITED

(With detailed address as given in Special Purchase Conditions)

From :


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To : Bharat Petroleum Corporation Limited.

(With detailed address as given in Special Purchase Conditions)

Order no. Rev. no.

Item :

Equipment Nomenclature:

Net weight: Kg.

Gross weight: Kg.

Case Number ____________of Total cases_________

Dimensions:

Import Licence Number

NOTE:

Marking shall be bold - minimum letter height 5 cm. For every order and every

shipment, packages must be marked with serial progressive numbering.

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

When packing material is clean and light coloured, dark black stencil paint shall be acceptable.

However, where packaging material is soiled or dark, a coat of flat zinc white paint shall be

applied and allowed to dry before applying the specific markings.

In case of large equipment like vessels, heat exchangers, etc. the envelope containing the

documents shall be fastened inside a shell connection, with an identifying arrow sign

"documents" using indelible paint.

16. DELIVERY:

16.1. Unless otherwise mentioned, Vendor is requested to quote their best delivery schedule from the

date of receipt of Purchase order.

16.2. Time being the essence of this contract, the delivery mentioned in the purchase order shall be

strictly adhered to and no variation shall be permitted except with prior authorization in writing

from the Owner. Goods should be delivered, securely packed and in good order and condition,

at the place of delivery and within the time specified in the purchase order for their delivery.

16.3. The contractual delivery period is inclusive of all the lead time for engineering / procurement of

raw material, the manufacturing, inspection / testing, packing, transportation or any other


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activity whatsoever required to be accomplished for effecting the delivery at the required

delivery point.

16.4. Unless otherwise specified, Material(s) shall not be despatched without 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 despatch point or destination in respect of any

Material(s). Any extra expenditure incurred by the Vendor on this account supported by

satisfactory documentary evidence, will be reimbursed to the Vendor by BPCL.

17. UNLOADING AND STACKING:

Unloading and stacking will be arranged by BPCL. The Vendor shall send BPCL information of the

proposed consignment well in advance by telegram/fax/e-mail/courier to enable BPCL to take

necessary action.

18. TRANSIT INSURANCE:

Unless otherwise mentioned,

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

18.2 In the case of imports, insurance against all marine and transit risk shall be covered under the

Owner's marine policy. However, the Vendor shall ensure that in effecting shipments clear bill

of lading are obtained and the carrier's responsibility is fully retained on the Carriers so that the

consignee's interests are fully secured and are in no way jeopardized.

18.2. The Vendor shall send BPCL information of the proposed consignment well in advance by

telegram/fax/e-mail/courier to enable BPCL to take necessary action for the transit insurance of

the consignment. Any failure by the Vendor to do so shall place the consignment at the Vendor’s

risk.

18.3. In the case of imports, as soon as any shipment is made, the Foreign Supplier shall send

advance information by way of Telex message to Bharat Petroleum Corporation Ltd., (with

detailed address as given in Special Purchase Conditions) giving particulars of the shipments,

vessels name, port of shipment, bill of lading number and date, total FOB and freight value.

19 VALIDITY OF OFFER:

The rates quoted against this tender shall be valid for a period of 90 Days from the date of

opening of the tender unless otherwise specified 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 the Contract shall be adhered to on

the clear understanding that the Price(s) of the Material(s) has/have been fixed with reference

to the said Delivery date(s).


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20.2. If any delay is anticipated by the Vendor in the delivery of the Material(s) or any of them beyond

the stipulated date(s) of Delivery, the Vendor shall forthwith inform BPCL in writing of such

anticipated delay and of the steps being taken by the Vendor to remove or reduce the

anticipated delay, and shall promptly keep BPCL informed of all subsequent developments.

20.3. The delivery period quoted must be realistic & specific. The inability of successful Vendors to

execute orders in accordance with the agreed delivery schedule will entitle BPCL, at its options,

to:

20.3.1. Accept delayed delivery at prices reduced by a sum equivalent to half percent (0.5%) of the basic

value of any goods not delivered for 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 delivery completion date for

calculation of price reduction in the case of ex works contract. Date of receipt of materials at

owners premises shall be considered for calculation of price reduction for F.O.R destination

contract.

In the case of imports, the contractual delivery date shall be considered from the date of Letter of Credit (L/C) or the date of L/C amendment because of Buyer’s fault plus one week (to take care of transit time for receipt of L/C) plus the delivery schedule as indicated by the vendors.

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

Further the date of B/L or House airway bill shall be considered to find out the delay with respect to contractual delivery date. In case of FOB shipments if the vessel is not available then the intimation by vendors regarding readiness of the goods for the shipment shall be considered for calculating the delay if any. So vendor shall inform the readiness 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 cancelled quantities from elsewhere on

account at the risk and cost of the vendor, without prejudice to its right under 20.3.1 above in

respect of goods delivered.

21. RISK PURCHASE CLAUSE:

BPCL reserves the right to curtail or cancel the order either in full or part thereof if the vendor

fails to comply with the delivery schedule and other terms & conditions of the order. BPCL also

reserves the right to procure the same or similar materials/equipment through other sources at

vendor's entire risk, cost and consequences. Further, the vendor agrees that in case of

procurement by the owner from other sources the differential amount paid by the owner shall

be on account of the vendor together with any interest and other costs accrued thereon for

such procurement.

22. FORCE MAJEURE CLAUSE:


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(A) Definition: The term “Force Majeure” means any event or circumstance or combination of events or circumstances that affects the performance by the vendor of its obligations pursuant to the terms of this Agreement (including by preventing, hindering or delaying such performance), but only if and to the extent that such events and circumstances are not within the vendor’s reasonable control and were not reasonably foreseeable and the effects of which the vendor could not have prevented or overcome by acting as a Reasonable and Prudent

person or, by the exercise of reasonable skill and care. Force Majeure events and circumstances shall in any event include the following events and circumstances to the extent they or their consequences 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 or other natural disaster;

(ii) fire, accident, loss or breakage of facilities or equipment, structural collapse or explosion;

(iii) epidemic, plague or quarantine;

(iv) air crash, shipwreck, or train wreck;

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

(vi) radioactive contamination or ionizing radiation;

(B) Notice and Reporting:

( i ) The Vendor shall as soon as reasonably practicable after the date of commencement of the event of Force Majeure, but in any event no later than seven (7) days after such commencement date, notify the BPCL in writing of such event of Force Majeure and provide the following information:

(a) Reasonably full particulars of the event or circumstance of Force Majeure and the extent to which any obligation will be prevented or delayed;

(b) Such date of commencement and an estimate of the period of time required to enable the vendor to resume full performance of its obligations; and


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(c) All relevant information relating to the Force Majeure and full details of the measures the vendor is taking to overcome or circumvent such Force Majeure.

(ii) The Vendor shall, throughout the period during which it is prevented from

performing from performing or delayed in the performance of, its obligations under this Agreement, upon request, give or procure access to examine the scene of the Force Majeure including such information, facilities and sites as the other Party may reasonably request in connection with such event. Access to any facilities or sites shall be at the risk and cost of the Party requesting such information and access.

(C) Mitigation Responsibility:

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

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

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

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

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

(ii) the time period(s) for the performance of the obligations of the Parties under this Agreement to the extent performance thereof is prevented or impeded by the event of Force Majeure shall be extended for the duration of the relevant period of Force Majeure except as provided herein.

(E) Force Majeure Events Exceeding 60 Days

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


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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 against omission or on account of any of the parties hereto arising out of or

in relation to this Contract shall be referred to the Sole Arbitration of Director (Marketing) /

Director (HR) / Director (R) of BPCL as the case may be or to some officer of BPCL who may be

nominated by them.

23.2. In the event the Arbitrator being unable or refusing to act for any reason whatsoever, the said

Directors of BPCL shall designate another person to act as an Arbitrator in accordance with the

terms of the said Contract/Agreement. The Arbitrator newly appointed shall be entitled to

proceed with the reference from the point at which it was left by his predecessor.

23.3. It is known to the parties herein that the Arbitrator appointed hereunder is an employee of the

Corporation and may be Shareholder of 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 law applicable to arbitration proceedings will be the Arbitration and

Conciliation Act, 1996 or any other enactment in replacement thereof.

23.5. The language of the proceedings will be in English and the place of proceedings will be Mumbai.

23.6. The parties hereby agree that the Courts in the city of Mumbai 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

required, in the concerned Courts in the City of Mumbai alone. (legal)

24. INTEGRITY PACT (IP):

Vendors are requested to sign & return our pre-signed IP document, if applicable. This

document is essential & binding. Vendor's failure to return the IP document duly signed along

with Bid Document may result 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 money arises out of or under the

contract, the owner shall be entitled to recover such sums from any sum then due or when at

any time thereafter may become due from the vendor under this or any other contract with the

owner and should this sum be not sufficient to cover the recoverable amount of claim(s), the

vendor shall pay to BPCL on demand the balance remaining due.

26. CONFIDENTIALITY OF TECHNICAL INFORMATION:


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Drawing, specifications and details shall be the property of the BPCL and shall be returned by

the Vendor on demand. The Vendor shall not make use of drawing and specifications for any

purpose at any time save and except for the purpose of BPCL. The Vendor shall not disclose the

technical information furnished to or organized by the Vendor under or by virtue of or as a

result of the implementation of the Purchase Order to any person, firm or body or corporate

authority and shall make all endeavours to ensure that the technical information is kept

CONFIDENTIAL. The technical information imparted and supplied to the vendor by BPCL shall at

all-time remain the absolute property of BPCL. Imparting of any confidential information by the

Vendor will be breach of contract.

27. PATENTS & ROYALTIES:

The vendor shall fully indemnify BPCL and users of materials specified herein/supplied at all

times, against any action, claim or demand, costs and expenses, arising from or incurred by

reasons of any infringement or alleged infringement of any patent, registered design, trademark

or name, copy right or any other protected rights in respect of any materials supplied or any

arrangement, system or method of using, fixing or working used by the vendor. In the event of

any claim or demand being made or action sought against BPCL in respect of any of the

aforesaid matter, the vendor shall be notified thereof immediately and the vendor shall at

his/its own expense with (if necessary) the assistance of BPCL (whose all expense shall be

reimbursed by the vendor) conduct all negotiations for the settlement of the same and/or

litigation which may arise thereof.

28. LIABILITY CLAUSE:

In case where it is necessary for employees or representatives of the Vendor to go upon the

premises of owner, vendor agrees to assume the responsibility for the proper conduct of such

employees/representatives while on said premises and to comply with all applicable Workmen's

Compensation Law and other applicable Government Regulations and Ordinances and all plant

rules and regulations particularly in regard to safety precautions and fire hazards. If this order

requires vendor to furnish labour at site, such vendor's workmen or employees shall under no

circumstances be deemed to be in owner's employment and vendor shall hold himself

responsible for any claim or claims which they or their heirs, dependent or personal

representatives, may have or make, for damages 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 to indemnify the owner against

any such claims, if made against the owner and all costs of proceedings, suit or actions which

owner may incur or sustain in respect of the same.

29. COMPLIANCE OF REGULATIONS:

Vendor warrants that all goods/Materials covered by this order have been produced, sold,

dispatched, delivered and furnished in strict compliance with all applicable laws, regulations,

labour agreement, working condition and technical codes and statutory requirements as


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applicable from time to time. The vendor shall ensure compliance with 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 AND REPLACEMENT:

In case the testing and inspection at any stage by inspectors reveal that the equipment,

materials and workmanship do not comply with specification and requirements, the same shall

be removed by the vendor at his/its own expense and risk, within the time allowed by the

owner. The owner shall be at liberty to dispose of such rejected goods in such manner as he may

think appropriate. In the event the vendor fails to remove the rejected goods within the period

as aforesaid, all expenses incurred by the owner for such disposal shall be 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 by the vendor to the owner before the rejected materials are removed by

the vendor. The vendor will have to proceed with the replacement of the equipment or part of

equipment without claiming any extra payment if so required by the owner. The time taken for

replacement in 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 conditions incorporated in the Purchase

Order or failure or delay to exercise any rights or remedies herein, or by law or failure to

properly notify Vendor in the event of breach, or the acceptance of or payment of any goods

hereunder or approval of design shall not release the Vendor and shall not be deemed a waiver

of any right of the Owner to insist upon the strict performance thereof or of any of its or their

rights or remedies as to any such goods regardless of when such goods are shipped, received or

accepted nor shall any purported oral modification or revision of the order by BPCL act as waiver

of the terms hereof. Any waiver to be effective must be in writing. Any lone incident of waiver of

any condition of this agreement by BPCL shall not be considered as a continuous waiver or

waiver for other condition by BPCL.

32. NEW & UNUSED MATERIAL:

All the material supplied by the vendor shall be branded new, unused and of recent

manufacture.

33. PURCHASE PREFERENCE CLAUSE:

Owner reserves its right to allow Public Sector Enterprises (Central/State), purchase preference

as admissible/applicable from time to time under the existing Govt. policy. Purchase preference

to a PSE shall be decided based on the price quoted by PSE as compared to 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


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admissible/applicable from time to time under the existing Govt. policy. Purchase preference to

a MSE and a MSE owned by SC/ST entrepreneurs shall be decided based on the price quoted by

the said MSEs as compared to L1 Vendor at the time of evaluation of the price bid.

34. CANCELLATION:

34.1. BPCL reserves the right to cancel the contract/purchase order or any part thereof through a

written notice to the vendor if.

34.1.1. The vendor fails to comply with the terms of this purchase order/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 replace the rejected goods promptly.

34.1.4. The vendor makes a general assignment for the benefit of creditors.

34.1.5. A receiver is appointed for any of the property owned by the vendor.

34.2. Upon receipt of the said cancellation notice, the vendor shall discontinue all work on the

purchase order matters connected with it. BPCL in that event will be entitled to procure the

requirement in the open market and recover excess payment over the vendor's agreed price if

any, from the vendor and also reserving to itself the right to forfeit the security deposit if any,

made by the vendor against the contract. The vendor is aware that the said goods are required

by BPCL for the ultimate purpose of materials production and that non-delivery may cause loss

of production and consequently loss of profit to the BPCL. In this-event of BPCL exercising the

option to claim damages for non-delivery other than by way of difference between the market

price and the contract price, the vendor shall pay to BPCL, fair compensation to be agreed upon

between BPCL and the vendor. The provision of this clause shall not prejudice the right of BPCL

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

35. ANTI –COMPETITIVE AGREEMENTS/ABUSE OF DOMINANT POSITION:

The Competition Act, 2002 as amended by the Competition (Amendment) Act, 2007 (the Act),

prohibits anti- competitive practices and aims at fostering competition and at protecting Indian

markets against anti- competitive practices by enterprises. The Act prohibits anti- competitive

agreements, abuse of dominant position by enterprises, and regulates combinations (consisting

of acquisition, acquiring of control and M&A) wherever such agreements, abuse or combination

causes, or is likely to cause, appreciable adverse effect on competition in markets in India. BPCL

reserves the right to approach the Competition Commission established under the Act of

Parliament and file information relating to anti-competitive agreements and abuse of dominant

position. If such a situation arises, then Vendors are bound by the decision of the Competitive

Commission and also subject to penalty and other provisions of the Competition Act.

36. ASSIGNMENT


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The Vendor can / does not have any right to assign his rights and obligations under these

general purchase conditions without the prior written approval of BPCL.

37. GOVERNING LAW

These General Purchase Conditions shall be governed by the Laws of India.

38. AMENDMENT

Any amendment to these General Purchase Conditions can be made only in writing and with the

mutual consent of the parties to these conditions.

39. SPECIAL PURCHASE CONDITIONS

In case of a conflict between the clauses, terms and conditions of General Purchase Conditions

and Special Purchase condition, the clauses, terms and conditions of Special Purchase Condition

will have an overriding effect over General Purchase Conditions and the same shall be

applicable.

40. NOTICES

Any notices to be given hereunder by a Party to the other shall be in English and delivered by

hand or sent by courier or facsimile to the other Party at the address or facsimile number stated

below or such other address or number as may be notified by the relevant Party from time to

time:

BPCL

_______________________

_______________________

_______________________

Vendor

_______________________

_______________________

_______________________

Please sign & return all the pages of GPC as a token of your acceptance of all the terms & conditions

as mentioned above.


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PERFORMANCE BANK GUARANTEE

(On Non-judicial paper for appropriate value)

To,

Bharat Petroleum Corporation Limited

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

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

Dear Sir,

In consideration of the Bharat Petroleum Corporation Limited, (hereinafter called ‘the Company’ which

expression shall include its successors and assigns) having awarded to M/s. (Name) ……….

(Constitution)………….. (Address) ………. (Hereinafter referred to as “The vendor” which expression shall

wherever the subject or context so permits include its successors and assigns) a supply contract in terms

interalia, of the Company’s Purchase order No…….. dated ………. and the General and Special Purchase

Conditions of the Company and upon the condition of vendor’s furnishing security for the performance

of the vendor’s obligations and/or discharge of the vendor’s liability under and / or in connection with

the said supply contract up to a sum of Rs. (in figures)…………..Rs (in words)…………………………only

amounting to 10% (ten percent) of the total contract value.

We, (Name)…………..(constitution) ……………(hereinafter called “the Bank” which expression shall include

its successors and assigns) hereby jointly and severally undertake and guarantee to pay to the Company

in -----(Currency) forthwith on demand in writing and without protest or demur of any and all moneys

any wise payable by the Vendor to the Company under in respect of or in connection with the said

supply contract inclusive of all the Company’s losses and expenses and other moneys anywise payable in

respect to the above as specified in any notice of demand made by the Company to the Bank with

reference to this Guarantee upto an aggregate limit of Rs(in figures)…………Rs(in

words)……………………….only.

AND the Bank hereby agrees with the Company that

i. This Guarantee/undertaking shall be a continuing guarantee and shall remain valid and irrevocable for all claims of the Company and liabilities of the vendor arising upto and until midnight of …………………………………..

This date shall be 6 months from the last date of guarantee period.

ii This Guarantee / Undertaking shall be in addition to any other guarantee or security of whatsoever

that the Company may now or at any time otherwise have in relation to the vendor’s

obligation/liabilities under and /or connection with the said supply contract, and the Company shall

have full authority to take recourse to or reinforce this security in preference to the other security(ies)


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at its sole discretion, and no failure on the part of the Company in enforcing or requiring enforcement of

any other security shall have the effect of releasing the Bank from its liability hereunder.

ii. The Company shall be at liability without reference to the Bank and without effecting the full liability of the Bank hereunder to take any other security in respect of the vendor’s obligations and /or liabilities under or in connection with the said supply contract and to vary the terms vis a vis the vendor of the said supply contract or to grant time and / or indulgence to the vendor or to reduce or to increase or otherwise vary the prices of the total contract value or to release or to forbear from enforcement all or any of the obligations of the vendor under the said supply contract and / or the remedies of the Company under any other security(ies) now or hereafter held by the Company and no such dealing(s), variation(s), reduction(s), increase(s) or the indulgence(s) or arrangement(s) with the vendor or release or forbearance whatsoever shall have the effect of releasing the Bank from its full liability to the Company hereunder or of prejudicing rights of the Company against the Bank.

iv. This Guarantee /Undertaking shall not be determined by the liquidation or winding up or dissolution

or change of constitution or insolvency of the vendor but shall in all respects and for all purposes be

binding and operative until payment of all moneys payable to the Company in terms hereof.

v. The Bank hereby waives all rights at any time inconsistent with the terms of the Guarantee /

Undertaking and the obligations of the Bank in terms hereof shall not be anywise affected or suspended

by reason of any dispute or disputes having been raised by the vendor (whether or not pending before

any Arbitrator, officer, Tribunal or Court) or any denial of liability by the vendor or any other order of

communication whatsoever by the vendor stopping or preventing or purporting to stop or prevent any

payment by the Bank to the Company in terms hereof.

vi. The amount stated in any notice of demand addressed by the Company to the Guarantor as liable to

be paid to the Company by the vendor or as suffered or incurred by the Company on account of any

losses or damages of costs, charges and or expenses shall as between the Bank and the Company be

conclusive of the amount so liable to be paid to the Company or suffered or incurred by the Company,

as the case may be and payable by the Guarantor to Company in terms hereof.

Yours faithfully,

(Signature)

NAME & DESIGNATION

NAME OF THE BANK

NOTES:

**********


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ANNEXURE - J

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

………………………………………………………………………… 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.

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


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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.

e) The Bidder/Supplier/Contractor shall make sure that the terms of this Integrity Pact are also adopted by its

sub-contractors, sub-sub-contractors etc, if any and submit such adoption confirmation proof to the

principal

(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.


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(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.

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


Page 88 of 94

constitutes corruption, or if the Principal has substantive suspicion in this regard, the Principal will

inform the Vigilance Office.

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:


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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.

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.

(5) If any Bidder/Contractor/Supplier entering into Integrity Pact, aggrieved by any decision/action of

the Principal, shall approach the IEMs and await their decision before pursuing any other remedy

available to him in law

……………… ……………………………

For the Principal For the Bidder/ Contractor/Supplier

Rajendra V. Deodhar,

Place: Mumbai Witness 1: ………………

(Signature/Name/Address)

Date: 06.06.2018 Witness 2: ………………

(Signature/Name/Address)

Please note that the scanned copy of Integrity Pact signed by all (including witness signature) and

stamped is required to be uploaded along with technical bid. The original copy of Integrity Pact shall be

submitted within 10 days from due date of the tender.


Page 90 of 94

ANNEXURE - K

FORMAT FOR BIDDER’S INFORMATION

1 Name of Bidder

2 Address for Communication

3 General contact details viz.

e mail address, telephone no., and fax no.

4 Whether bidder is a manufacturer OR

dealer/trader, for items under this tender

5 Type of Organisation:

Government Dept. / Public Sector

Undertaking / Public Limited Company /

Private Limited Company / Partnership /

Proprietorship / Others (Pl. specify)

6 Location of Registered Office , in the case of

Company

7 Residential status : Indian or Non-resident;

8 Indian Income Tax PAN Number:

(Note : In case where Indian Income Tax

Deduction at Source is applicable, non-

availability of PAN Number will entail a higher

deduction)


Page 91 of 94

9 In case non-resident, whether the bidder is

having any Permanent Establishment in India,

through which business transactions in India

are carried out.

10 IN CASE BIDDER IS A MANUFACTURER FOR ITEMS

UNDER REFERENCE:

10.1 Address of Factory:

10.2 GST Number(For Indian bidders)

11 IN CASE BIDDER IS A DEALER / TRADER / SERVICE

PROVIDER FOR ITEMS UNDER REFERENCE:

11.1 Address of Factory

11.2 GST Number(For Indian bidders)

12 CONTACT PERSON’S DETAILS:

12.1 Name & Designation

12.2 E-mail id

12.3 Telephone No.- Landline


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12.4 Mobile Number.

12.5 Fax number

13 Average Annual Turnover of the business

14 Whether the bidder falls under the category

of Micro & Small Enterprises (MSE) as per the

MSME Policy of Govt. of India. If YES,

whether proof for the same enclosed with the

bid?

**********


Page 93 of 94

ANNEXURE - L

PRO-FORMA OF BANK GUARANTEE

(ON NON-JUDICIAL PAPER OF APPROPRIATE VALUE)

FOR EARNEST MONEY DEPOSIT

To,

Bharat Petroleum Corporation Limited, CPO (R), Mumbai Refinery, Mahul, Mumbai 400 074 Dear Sir, M/s.____________________________ have taken tender for supply of __________________ vide CRFQ _______________dated _____________for Bharat Petroleum Corporation Limited. The tender conditions of contract provide that the bidder shall pay a sum of Rs. ______________(Rupees________) as earnest money deposit / initial / full security deposit in the form therein mentioned. The form of payment of earnest money / security deposit includes guarantee executed by Schedule “A” Bank, undertaking full responsibility to indemnify Bharat Petroleum Corporation Limited in case of default. The said ___________________have approached us and at their request and in consideration of the premises, we _____________ having our office at _____________have agreed to give such guarantee as hereinafter mentioned.

1. We _____________hereby undertake and agree with you that if default shall be made by M/s. _______________in performing any of the terms and conditions of the tender or in payment of any money payable to Bharat Petroleum Corporation Limited, we shall on demand pay to you in such matter as to you may direct the said amount of Rs. _______________(Rupees________) only or such portion thereof not exceeding the said sum as you may from time require.

2. You will have the full liberty without reference to us and without effecting this guarantee postpones for any time or from time to time the exercise of any of the powers and rights conferred on you under the contract with the said ____________ and to enforce or to forbear from endorsing any power of rights or by reason of time being given to the said which under law relating to the sureties would but for provision have the effect releasing us.

3. Your right to recover the said sum of Rs.______________(Rupees________) from us in manner aforesaid will not be affected or suspended by reason of the fact that any dispute or disputes have been raised by the said M/s. ___________ and / or that any dispute or disputes are pending before any officer tribunal or court.

4. The guarantee herein contained shall not be determined or affected by the liquidation or winding up, dissolution or change of constitution or insolvency of the said ______________ but shall in all respects and for all purposes be binding operative units payment of all money due to you in respect of such liabilities is paid.


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5. Our liability under this guarantee is restricted to Rs. _______________ (Rupees___________________________________________________). Our guarantees shall remain in force until _________________ unless a suit or action to enforce a claim under _____________Guarantee is filed against us within six months from ___________ (which is date of expiry of guarantee) all our rights under the said guarantee shall be forfeited and shall be relieved and discharged from all liabilities thereunder.

6. We have power to issue this guarantee in your favor under memorandum and articles of association and undersigned has full power to do under the Power of Attorney dated _________granted to him/her by the Bank.

Yours faithfully, _________________Bank by its constituted attorney Sign on behalf of Bank (Signature of the person duly authorized to sign on behalf of the Bank) Name, Signature and seal of Bank

**********