SUPPLY OF FLEXIBLE ROOF DRAIN SYSTEM FOR CRUDE OIL STORAGE TANKS OF BPCL- MUMBAI REFINERY REQUEST FOR QUOTATION CRFQ NO. 1000225114 –E-Tender Sys No: 19598 Tender Calendar Details Stage Name Start Date End Date And Time Tender Release 10.02.2015 10.03.2015 (11:00 Hrs IST) Pre qualification bid opening 10.03.2015 (11.15 Hrs IST) ______ Un-priced Bid Opening Will be intimated Will be intimated Priced Bid Opening Will be intimated Will be intimated C C C P P P O O O ( ( ( R R R E E E F F F I I I N N N E E E R R R I I I E E E S S S ) ) )
101
Embed
CPO (REFINERIES) - Bharat Petroleum |Oil & Gas Companies in … · 2015. 2. 9. · C1 India Private Limited, ... roof drain system for external floating roof oil storage tanks for
This document is posted to help you gain knowledge. Please leave a comment to let me know what you think about it! Share it to your friends and learn new things together.
Bidders viewing the portal can see only their bid and the
prevailing lowest bid. Bidder can reduce his bid repeatedly
during the auction period.
TO NOTE & CONFIRM
2.11.6 Order shall be placed on the lowest Bidder, basis lowest
delivered cost (as per evaluation criteria) emerging out of
reverse auction process and BPCL’s decision on award of
contract shall be final and binding on all the bidders.
Successful Bidder shall submit the final quoted amount
during reverse auction process duly signed and stamped
as a token of acceptance without imposing any new
TO NOTE & CONFIRM
as a token of acceptance without imposing any new
condition
SEAL AND SIGNATURE OF BIDDER
Page 10
SNO INSTRUCTIONS VENDOR'S ACTION RESPONSE
1.0 Technical Criteria:
1.1 The bidder should be a manufacturer/supplier of
flexible roof drain system. In case bidder is not
the manufacturer but is authorized
distributor/dealer of the manufacturer, 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 distributor/dealer and will be
supplying the product manufactured by the said
manufacturer. This declaration shall have
reference of the current tender, with an
undertaking that the Flexible Roof Drain System
shall be supplied as per the quantity, quality and
other commitments made in the offer.
TO CONFIRM & RELEVANT
SUPPORTING DOCUMENT
TO BE ENCLOSED
1.2 The bidder must have supplied at least two [2]
nos of flexible roof drain system for floating roof
tanks of diameter 50 Mtrs or more during the
past.
TO CONFIRM & RELEVANT
SUPPORTING DOCUMENT
TO BE ENCLOSED
Note:The bidders who intend to participate in the tendering process shall meet all the following minimum
technical & commercial requirements and only such bidders shall be pre qualified for further evaluation.
Offer No. ____________________(Bidder’s Ref.)
Tel. No. : _________________________
Fax No. : ___________________________ Official Seal : ___________________________
PRE-QUALIFICATION CRITERIA
ANNEXURE-2
M/s __________________________________(Bidder)
Signature : ___________________________
Name : ___________________________
BHARAT PETROLEUM CORPORATION LIMITED
E-Tender System No:19598
Enquiry/CRFQ No. : 1000225114
past.
In case the bidder is not a manufacturer but the
manufacturer’s authorized distributor/dealer,
then the bidder should meet the above criteria of
having supplied flexible roof drain system from
the same manufacturer who has authorized the
bidder to quote against the current tender.
.
1.3 The supplied flexible roof drain system shall
have proven track record as per clause no. 9.0
of technical specification for flexible roof drain
system for oil storage tanks (AE-S- 3712, Rev 0,
December 2014) provided along with the tender.
TO CONFIRM & RELEVANT
SUPPORTING DOCUMENT
TO BE ENCLOSED
2.0 Financial Criteria:
2.1 The Average annual turnover of the bidder
during the immediately preceding three
completed financial years should not be less
than Rs.90 Lakhs.
TO CONFIRM & RELEVANT
SUPPORTING DOCUMENT
TO BE ENCLOSED
2.2 The bidder should have a positive net worth as
at the end of last completed financial year.
TO CONFIRM & RELEVANT
SUPPORTING DOCUMENT
TO BE ENCLOSED
Page 1
SNO INSTRUCTIONS VENDOR'S ACTION RESPONSE
PRE-QUALIFICATION CRITERIA
3.0 Bidders to submit the following Documents
along with the PQ Bid:
3.1 Company profile indicating organization
structure of bidding entity
TO CONFIRM SUBMISSION
3.2 In case bidder is not the manufacturer but is an
authorized distributor/dealer of the
manufacturer, 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
distributor/dealer and will be supplying the
product manufactured by the said manufacturer.
TO CONFIRM SUBMISSION
3.3 Audited/Certified Profit & Loss Account, Audited/
Certified Balance Sheets/Statement of Assets &
Liabilities etc. for the preceding three financial
years.
TO CONFIRM SUBMISSION
3.4 Copies of purchase/work order containing the
item description, ordered quantity, proof of
supply of the item and proof of satisfactory
performance in support of both the above
qualification criteria
TO CONFIRM SUBMISSION
3.5 Letter of declaration TO CONFIRM SUBMISSION
3.6 Declaration of holiday listing as per Annexure-
2A
TO CONFIRM SUBMISSION
3.7 Integrity Pact Document (Annexure-3) shall be
duly signed, stamped and uploaded along with
the PQ bid.
TO CONFIRM SUBMISSION
3.8 Submission of details of specific experience as
called for in the Pre-Qualification criteria
TO CONFIRM SUBMISSION
Note to Bidders
a The bidder should be a manufacturer or
authorized distributor/dealer for supply of flexible
roof drain system for floating roof tank. (Refer
technical specification for flexible roof drain
system for oil storage tanks (AE-S- 3712, Rev 0,
December 2014 provided along with the tender)
TO BE NOTED &
CONFIRMED AND
RELEVANT SUPPORTING
DOCUMENT TO BE
ENCLOSED
December 2014 provided along with the tender)
b Bidder should ensure submission of complete
information/ documentation in the first instance
itself. Qualification may be completed based on
the details so furnished without seeking any
subsequent additional information.
TO BE NOTED &
CONFIRMED AND
RELEVANT SUPPORTING
DOCUMENT TO BE
ENCLOSED
c Bidder shall submit all relevant documents of
proven track records and satisfactory
performance by giving detailed reference (email
address/ contact details) of end user(s). Owner
shall have the right to obtain feedback directly
from any or all end user(s) about performance of
the system installed at their location.
TO BE NOTED &
CONFIRMED AND
RELEVANT SUPPORTING
DOCUMENT TO BE
ENCLOSED
d Bidder submitting the bid should not be under
liquidation or involved in similar proceedings.
TO BE NOTED &
CONFIRMED AND
RELEVANT SUPPORTING
DOCUMENT TO BE
ENCLOSED
e Exchange rate for foreign currency conversion to
Indian rupees shall be considered as per the TT
selling rate published by The State Bank of India
on the previous day of opening of the Pre-
Qualification bid for PQ criteria evaluation
TO BE NOTED &
CONFIRMED
f The Bidder shall not be on the Holiday List of
BPCL / EIL / Any Other PSU or government
Organization in India
TO BE NOTED &
CONFIRMED
SEAL AND SIGNATURE OF BIDDER
Page 2
Annexure 2A The Declaration should be produced on Vendor’s Letter Head.
PROFORMA OF DECLARATION OF HOLIDAY LISTING 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 a proprietor nor in any partnership firm in which I am involved as a Managing Partner have been placed on holiday list declared by Bharat Petroleum Corporation Limited or its Administrative Ministry or any other Indian Government Public Sector Undertaking, except as indicated below: (Here given particulars of 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 holiday list declared by Bharat Petroleum Corporation Limited or its Administrative Ministry or any other Indian Government Public Sector Undertaking, except as indicated below: (Here given particulars of holiday listing and in absence thereof state “NIL”). In the case of Company We hereby declared that we have not been placed on any holiday list declared by Bharat Petroleum Corporation Limited or its Administrative Ministry or any other Indian Government Public Sector Undertaking, except as indicated below: (Here given particulars of holiday listing and in absence thereof state “NIL”). It is understood that if this declaration is found to be false in any particular, 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: ____________ Signature of the Bidder______________ Date: ____________ Name of the Signatory_______________
�����������������������������������.. hereinafter referred to as "The Bidder/ Contractor/ Supplier".
PPrreeaammbbllee
The Principal intends to award, under laid down organization procedures, contract/s for “Supply of Flexible Roof Drain System for Crude Oil Storage tanks of BPCL- Mumbai Refinery” (CRFQ NO: 1000225114), E TENDER No: 19598. 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.
(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.
dduurriinngg tthhee eexxeeccuuttiioonn ooff tthhee ccoonnttrraacctt.. b) The Bidder/ Contractor/ Supplier will not enter with other Bidders into any undisclosed
agreement or understanding, whether formal or informal. This applies in particular to prices, specifications, certifications, subsidiary contracts, submission or non-submission of bids or any other actions to restrict competitiveness or to introduce cartelisation in the bidding process.
c) The Bidder/ Contractor/ Supplier will not commit any offence under the relevant Anti-
Corruption Laws of India; further the Bidder/ Contractor/ Supplier will not use improperly, for purposes of competition or personal gain, or pass on to others, any information or document provided by the Principal as part of the business relationship, regarding plans, technical proposals and business details, including information contained or transmitted electronically.
d) The Bidder/ Contractor/ Supplier will, when presenting his bid, disclose any and all
payments he has made, is committed to, or intends to make to agents, brokers or any other intermediaries in connection with the award of the contract.
(2) The Bidder/ Contractor/ Supplier will not instigate third persons to commit offences outlined
above or be an accessory to such offences.
Section 3 - Disqualification from Tender Process and Exclusion from Future Contracts
IIff tthhee BBiiddddeerr,, bbeeffoorree ccoonnttrraacctt aawwaarrdd,, hhaass ccoommmmiitttteedd aa ttrraannssggrreessssiioonn tthhrroouugghh aa vviioollaattiioonn
tteerrmmiinnaattee tthhee ccoonnttrraacctt,, iiff aallrreeaaddyy ssiiggnneedd,, ffoorr ssuucchh rreeaassoonn.. (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
Page 3 of 5
resort to such exclusion is taken. This undertaking is given freely and after obtaining independent legal advice.
(4) If the Bidder/ Contractor/ Supplier can prove that he has restored/ recouped the damage
caused by him and has installed a suitable corruption prevention system, the Principal may revoke the exclusion prematurely.
(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.
(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/
SSuubbccoonnttrraaccttoorrss
(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/
(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.
SSeeccttiioonn 99 -- PPaacctt DDuurraattiioonn
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.
nnoott bbee aapppplliiccaabbllee ffoorr aannyy iissssuuee// ddiissppuuttee aarriissiinngg uunnddeerr IInntteeggrriittyy PPaacctt.. (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.
P.H.S.Mani ��������� ����������� For the Principal For the Bidder/ Contractor/
Supplier Place: Mumbai Witness 1 : ������
(Signature/Name/Address)
Date :. 10.02.2015 Witness 2 : ������ (Signature/Name/Address)
SPECIFICATION FOR FLEXIBLE ROOF DRAIN SYSTEM FOR OIL STORAGE TANKS
1.0 SCOPE
This specification covers the minimum requirements for design, manufacture, testing and supply of flexible roof drain system for external floating roof oil storage tanks.
2.0 APPLICABLE CODES AND STANDARDS
2.1 API 650 – Welded steel tanks for oil storage 2.2 ASTM A106 - Standard Specification for Seamless Carbon Steel Pipe for High-
Temperature Service. 2.3 ASTM A105 - Standard Specification for Carbon Steel Forgings for Piping
Applications. 2.4 ASME B16.20 – Metallic Gaskets for pipe flanges.
3.0 DESIGN The design requirements given herewith are the minimum but not limited to the following requirements: 3.1 The flexible hose/pipe shall have a design life of minimum 15 years. 3.2 The diameter of the flexible hose/pipe shall be as specified in the data sheet. 3.3 Vendor shall carry out the adequacy check of the flexible hose/Pipe for the rain
fall intensity mentioned in the data sheet. 3.4 The length of the flexible hose/pipe shall be such that it does not pose
limitation in case of roof reaching the top of tank shell due to accidental overfilling of the tank.
3.5 Vendor shall design the following wherever applicable. 3.5.1 Top pipe spool on upstream of the flexible hose/pipe. 3.5.2 Bottom pipe spool on downstream of the flexible hose/pipe. 3.5.3 Suitable supporting system for the top pipe spool and bottom pipe spool. 3.5.4 Suitable slope shall be provided for both the bottom pipe spool and top
pipe spool in the direction of rain water natural flow. 3.6 The wall thickness of the pipe spools wherever applicable shall be Schedule 40
mimimum. 3.7 Repeatable lay pattern(RLP) shall be such that it does not interfere the roof
legs, roof attachments and other internals of tank. No strings shall be attached to flexible hose/ pipe to achieve repeatative lay pattern.
3.8 If required roof legs location may be changed for accommodating flexible hose/pipe lay pattern. The changes made in the location roof legs shall adequately support the roof without compromising safety.
35601
BHARAT PETROLEUM CORPORATION
LIMITED
SPECIFICATION FOR FLEXIBLE ROOF DRAIN SYSTEM FOR OIL STORAGE TANKS.
3.9 The leg guards shall be provided wherever required to ensure the hose/pipe is not entangled with roof legs or crushed below roof legs.
3.10 Adequacy check of nozzles on shell and roof sumps shall be carried out by the Flexible hose/pipe manufacturer considering the stresses due to Flexible hose/pipe weight, hose/pipe dynamics, sludge accumulation in case of crude oil tanks, pipe spools and recommend the strengthening if required.
3.11 The Flexible hose/pipe manufacturer shall develop the general arrangement drawing for installation of the flexible hose/pipe for roof drain system and submit to BPCL for approval and site work.
4.1.1 The flexible hose/pipe shall be robust, reliable and shall give the service life of minimum 15 years.
4.1.2 The flexible hose/pipe shall be non-vulcunized. 4.1.3 The flexible hose/pipe supplied shall be in single length without any joint. 4.1.4 The flexible hose/pipe shall be able to accommodate the rolling and
pitching movement of the floating roof. 4.1.5 Flexible Hose/pipe also shall be resistant to the contents mentioned
below on both internal and external surfaces for entire service life. 4.1.5.1 Fluid stored in tank and other contents in fluid stored in tank. 4.1.5.2 Sea water in tank. 4.1.5.3 100% aromatic hydrocarbons in tank irrespective of tank fluid
content. 4.1.6 The flexible hose/pipe shall be free from the following:
4.1.6.1 Floating. 4.1.6.2 Kinking. 4.1.6.3 Crushing on any internal appurtenance. 4.1.6.4 Obstruction during operation. 4.1.6.5 Being crushed by landing legs.
4.1.7 The Flexible hose/pipe should not exert undue force or maneuver the floating roof.
4.1.8 The flexible hose/pipe shall have polymeric cover resistant to the specified hydrocarbon service fluid as well as ageing, abrasion, weathering, sunlight, tearing, and seawater penetration.
4.1.9 The flexible hose/pipe shall be constructed such that it will maintain the integrity of the internal diameter throuout its intended service life.
4.1.10 The flexible hose/pipe may be suitably reinforced with suitable high tensile strength materials and the reinforcement materials shall not come in contact with service fluid or environment.
4.1.11 The flexible hose/pipe shall be designed to contain any product escaping as a result of a slow leak or sudden failure.
4.1.12 The external cover shall be such that it does not damage the coating of tank components and structures.
35601
BHARAT PETROLEUM CORPORATION
LIMITED
SPECIFICATION FOR FLEXIBLE ROOF DRAIN SYSTEM FOR OIL STORAGE TANKS.
4.1.13 The Repeatative Lay Pattern shall be one continous single coil. The Repeatative Lay Pattern shall be custom engineered for each tank and verified with the tank specifications via computer simulation and analysis by Flexible hose/pipe manufacturer.
4.1.14 The Flexible hose/pipe should flex freely and should lay on the tank floor in the same position and lay pattern, whenever the floating roof comes back to the low leg level.
4.1.15 The Flexible hose/pipe shall have negative buoyancy. The hose/pipe shall have sufficient self weight so that it does not have floatation.
4.1.16 Ballast weight inside hose/pipe are not acceptable as they can break loose and cause an unequal distribution of weight, resulting in kinking.
4.1.17 The tolerance for the length of the hose/pipe shall be plus or minus 50 mm unless otherwise specified.
4.1.18 The over bending protector or addition support may be provided close to the sump nozzle, if required.
4.1.19 The flexible hose/pipe design shall consider the possibility of sludge accumulation up to 4000 mm height from tank bottom in crude oil tanks.
4.1.20 The Flexible hose/pipe shall have electrical continuity. The resistance shall be less than 10 ohms across the length of the hose/pipe.
4.1.21 There shall be no rotating movement between end connector and hose/pipe.
4.1.22 The Flexible hose/pipe shall have type test certificate for cyclic up and down movement of the hose/pipe in repeatative lay pattern for the total tank height.
4.1.23 The end connector shall have wall thickness not less than schedule 40 and shall be firmly fitted to the flexible hose/pipe. The material of construction shall be ASTM A106 Gr. B or equivalent. No casting is acceptable for end connectors.
4.1.24 The end connector may be integral part of the flange or may be welded with the flange. In case of welding of end connector to the flange, then the weld joint shall be full penetration butt joint and shall be subjected to 100 percent radiography. The flange shall be ASTM A 105 Raised Face. Flanges made from plates or casting are not acceptable.
4.1.25 The acceptance standard for radiographs shall be as per ASME B31.3. The welding shall be done using qualified Welding Procedure Specification and welder.
4.2 PIPE SPOOL
4.2.1 The attachment to the bottom or roof shall be guided, not rigidly attached, to allow for differential thermal expansion and plate flexing.
4.3 LEG GUARDS
4.3.1 The leg guards shall be made by cold bending and shall not have
35601
BHARAT PETROLEUM CORPORATION
LIMITED
SPECIFICATION FOR FLEXIBLE ROOF DRAIN SYSTEM FOR OIL STORAGE TANKS.
cracks, kinks, wrinkles and any surface defects injurious to the flexible hose/pipe.
4.3.2 The leg guard shall have sufficient corrosion allowance so that they give the intended service life of minimum 15 years.
5.0 INSPECTION 5.1 Each Flexible hose/pipe shall be subjected to stage-wise inspection by BPCL
approved third party inspection agency at manufacturers works. 5.2 The inspection shall include visual inspection, dimension checking, recording
minimum bend radius, elongation checking, electrical continuity after bending and hydrostatic tests, withnessing hydrostatic test and inspection of inside surface of hose/pipe by remote visual inspection. No damage, cracks, flattening or peel off are acceptable during bend test.
5.3 The material on receipt at BPCL warehouse will be subjected to BPCL inspection which include diemensional check, electrical continuity, verification of manufacturer’s test reports and release note from the Third Party Inspection Agency.
5.4 If the flexible hose/ pipe manufacturer insisits, then the inspection of Flexible hose/pipe shall be done jointly by BPCL and the representative of hose/pipe manufactuer at BPCL warehouse.
6.0 TESTING
Sr. No.
Description Hydrostatic test pressure, kg/cm2g
Test duration, minutes
Acceptance criteria
1 Flexible hose/pipe internal 7 60
No visible leak or sweating and no pressure drop.
2 Flexible hose/pipe external 3.5 60
No visible leak or sweating and no pressure drop.
4 Hydrostatic test of the assembled hose/pipe and pipe spools inside tank.
7 30
No visible leak or sweating and no pressure drop.
7.0 MARKING 7.1 Each Flexible hose/Pipe shall be marked with manutacturers name, batch
number, date of manufacture, model number, Serial number, BPCL tank number, sump location etc.
8.0 INSTALLATION 8.1 The installation of the Flexible hose/Pipe shall be done under the supervision of
35601
BHARAT PETROLEUM CORPORATION
LIMITED
SPECIFICATION FOR FLEXIBLE ROOF DRAIN SYSTEM FOR OIL STORAGE TANKS.
manufacturer’s representative. 8.2 Insitu hydrostatic test shall be witnessed by the representative of the hose/pipe
manufacturer at site.
9.0 PERFORMANCE TRACK RECORD
The offered flexible hose/Pipe shall be from manufacturer’s established product range. The offered flexible hose/Pipe shall have proven track record of minimum 15 years of satisfactory continuous service in primary roof drain system of external floating roof tanks in oil industry or petrochemical industry in similar operating conditions with similar hydrocarbon fluid in tanks mentioned in the data sheet. Documentary evidence shall be submitted by vendor giving the details of the Flexible hose/pipe supplied, fluid handled in the tank, name and contact details of the user to whom the flexible hose/ pipe is supplied and working satisfactorily for at least last 15 years of continouos service. BPCL may obtain the performance feed back from the users based on and the details submitted by vendor.
10.0 GUARANTEE
The flexible hose/Pipe shall be guaranteed for trouble free operation for a period of minimum 15 years from the date of commissioning. Any defect discovered during the guarantee period shall be rectified free of charge by supplier. The supplier shall guarantee that the goods funished will be free from all inherent defects in design, workmanship and material that they will give proper and continous service under operating and design conditions specified for a period of minimum 15 years from the date of commissioning.
35601
BHARAT PETROLEUM CORPORATION
LIMITED
SPECIFICATION FOR FLEXIBLE ROOF DRAIN SYSTEM FOR OIL STORAGE TANKS.
A separate data sheet to be filled for each roof drain system a tank. Details shall be filled from as-built drawing and verified at site. A) Tank fluid data to be filled by BPCL
Sr. No.
Description Value Remarks
1 Tank tag number
2 Fluid stored in tank Specify name of the fluid
3 Aromatic components
4 Total Acid Number (TAN) As per ASTM D664 or D974
5 pH
6 H2S content, ppm
6 Water content Including free water, produced water and sea water
DEVIATION FORM (TECHNICAL) CRFQ NO: 1000225114, E TENDER NO: 19598
Name of vendor: Schedule of Deviations in reference to BPCL SPECIFICATIONS 1. Vendor may give here a consolidated list of technical deviations for all sections of
the SPECIFICATIONS, which for an appropriate offer is considered unavoidable by him.
2. Deviations mentioned elsewhere in the offer shall not be taken cognizance by the COMPANY and any such deviations if indicated elsewhere other than this form will render the offer non-responsive and shall liable to be rejected.
3. Vendor shall state the reasons for the deviations in the `Remark' column. 4. All other clauses of the SPECIFICATIONS (not mentioned in this form) shall be
deemed to be fully complied by the vendor 5. Only the deviations listed herein, in conjunction with the SPECIFICATIONS, shall
constitute the contract requirements for the award of job to the vendor.
Sr. No.
Page No.
Clause No.
Requirement of the SPECIFICATIONS
Deviations to the SPECIFICATIONS
Remarks
1 2 3 4 5 6
Vendor : Signature of the authorized signatory : Name of the authorized signatory : Stamp & Date :
Page:1
M/s ____________________________(Bidder)
Signature : ___________________________
Name : ______________________________
Official Seal : _________________________
SNO INSTRUCTIONS VENDOR'S ACTION RESPONSE
1.0 Indicate Despatch point TO SPECIFY
1.2 Confirm that the Prices shall be FIRM till complete
execution of the order and shall not be subject to
variation on any account.
TO NOTE AND
CONFIRM
1.3 TAXES & DUTIES
1.3.1 If excise duty/ Sales tax is presently not applicable,
confirm whether the same will be borne by you in
case it become leviable later. Also pl give reasons for
non application of ED / Sales tax
TO NOTE,CONFIRM &
SPECIFY
1.3.2 Wherever CENVAT can be availed by BPCL, Excise
duty shall be reimbursed by BPCL after receipt of
proper documents to avail CENVAT benefit
TO NOTE AND
CONFIRM
1.3.3 Indicate the Tariff Number of the offered Item/s TO SPECIFY
1.3.4 Statutory variation in excise duty rate and Sales Tax
/VAT rate during contractual delivery period shall be
to BPCL account. Any increase in the rate of sales
deviations (if any) less eligible CENVAT/VAT credit
available to BPCL
TO NOTE AND
CONFIRM
1.12 LOADING CRITERIA FOR COMMERCIAL
DEVIATION
1.12.1 Deviation on Price Reduction for Delayed
Deliveries (Considering GPC clause of 0.5% per
week of delay- max 5% total order value) :
In case the vendor does not accept the delayed
delivery clause or take exceptions to the % rate
mentioned in GPC, loading shall be done to the
extent of maximum of 5% on the total order value or
the differential % not agreed by the supplier
TO NOTE AND
CONFIRM
1.13 GENERAL
1.13.1 Confirm acceptance of BPCL’s `General Purchase
Conditions’ & Special Terms and Conditions in toto.
TO NOTE AND
CONFIRM
1.13.2 Indicate relationship with any of our Directors. TO SPECIFY
1.13.3 Please confirm you have not been banned or delisted
by any Government or Quasi Government agencies
or PSUs. If you have been banned, then this fact
must be clearly stated.
TO NOTE AND
CONFIRM
1.13.4 You are requested to furnish the following information
for e-payment:
a) Name of the vendor/contractor party
b) Account No. of the party
c) Bank & Branch Name where the above account is
TO SPECIFY
c) Bank & Branch Name where the above account is
maintained
d) Type of account (current/saving/cash credit A/c)
e) Branch code of the above bank branch
f) The 9 digit MICR code of the above branch (with is
printed in the cheques issued by the Branch available
with the A/c holder
1.13.5 If the items are covered under DGS&D rate
contract, confirm that a copy of rate contract is
enclosed with your offer.
TO NOTE AND
CONFIRM
1.13.6 If you are registered under MSE (Micro and Small
Enterprises) please provide the certificate towards
the same
TO NOTE AND
CONFIRM AND
PROVIDE SUPPORTING
DOCUMENTS
1.13.7 Confirm whether you are registered under MSE
(Micro and Small Enterprises)
TO CONFIRM
1.13.8 Bidders claiming purchase preference as MSE
need to submit the following documents:
a. Notarized copy of all the pages of the EM-II
certificate issued by the appropriate
authorities mentioned in the Public
procurement policy of MSEs-2012.
b. Vendors’ declaration on a duly notarized
Rs.100 stamp paper stating that, in the
event of award of contract, all the ordered
supplies shall be made from the unit for
which MSE certificate has been submitted.
TO CONFIRM
SUBMISSION
SIGNATURE AND SEAL
Page 3
SNO INSTRUCTIONS VENDOR'S ACTION RESPONSE
1.0 Confirm that you have quoted firm prices on
FOB International Port of Exit in the price bid.
TO CONFIRM
1.1 All FOB Charges/ Inland tranportation to FOB
Port of despatch shall be inclusive in the
above price.
TO CONFIRM
1.2 Indicate International Seaport/Airport of Exit TO SPECIFY
1.3 Confirm that the firm Ocean freight charges
has been quoted as percentage of the FOB
price for ocean transportation to Mumbai
(Nhavasheva) port in the format for
Taxes,duties and freight (Annexure-12) and
this freight charges shall remain firm through
out the currency of the contract.
TO NOTE AND CONFIRM
1.4 BPCL reserves the option to place order on
FOB or on CFR basis during the currency of
the contract.Confirm acceptance.
TO NOTE AND CONFIRM
1.5 Service charges to shipping agencies shall be
borne by the vendor if order is converted on
CFR basis.
TO NOTE AND CONFIRM
Tel. No. : _________________________
COMMERCIAL CONDITIONS (NON INDIAN BIDDERS)
Fax No. ___________________________ Official Seal : _________________________
Name : ______________________________
ANNEXURE-9
M/s ____________________________(Bidder)
Signature : ___________________________
BHARAT PETROLEUM CORPORATION LIMITED
E-Tender System No:19598
Enquiry/CRFQ No. :1000225114
Offer No. ____________________(Bidder’s Ref.)
CFR basis.
1.6 Prices quoted must exclude transit insurance
charges from FOB International Port as the
same shall be arranged by the Purchaser.
However, transit insurance charges for inland
transit up to FOB International Port of exit
must be included by you in your prices.
TO NOTE AND CONFIRM
1.6 TAXES & DUTIES
1.6.1 All taxes, duties and levies of any kind
payable upto FOB International Port of exit
shall be borne by you. Confirm compliance.
TO NOTE AND CONFIRM
1.6.2 Export permit/license if required shall be
Bidder’s responsibility & any expenditure
towards same will be borne by you. Confirm
compliance.
TO NOTE AND CONFIRM
1.7 DELIVERY PERIOD
1.7.1 In case of order on FOB Basis, the FOB
delivery period for all supplies shall not be
later than 12 weeks from the date of FOA /
Contract Order.
TO NOTE AND CONFIRM
Page 1
SNO INSTRUCTIONS VENDOR'S ACTION RESPONSE
COMMERCIAL CONDITIONS (NON INDIAN BIDDERS)
1.7.2 In case the order is converted to CFR basis,
delivery period for supplies at Mumbai
(Nhavasheva) port for all supplies shall not
later than 16 weeks from the date of FOA /
Contract Order. The reciept of the supplies at
Mumbai (Nhavasheva) port shall be
considered as Delivery date for calculation of
Price reduction for delay.
TO NOTE AND CONFIRM
1.7.3 Owner reserves the right for rejecting the
offer/offers not meeing the above delivery
period
TO NOTE AND CONFIRM
1.7.4 Furnish Country of origin from where the
goods have been offered.
TO SPECIFY
1.7.5 Certificate for Country of Origin shall
accompany the shipping documents
TO NOTE AND CONFIRM
1.8 CURRENCY OF QUOTE
1.8.1 Furnish the currency of quote. TO SPECIFY
1.8.2 Change in currency once quoted will not be
allowed. Confirm compliance.
TO NOTE AND CONFIRM
1.8.3 Non Indian Bidders shall quote either in USD
or Euro Currency only.
TO NOTE AND CONFIRM
1.9 VALIDITY
1.9.1 Confirm quoted prices are valid for
acceptance up to up to 120 days from the
final due date / extended due date of RFQ.
TO NOTE AND CONFIRM
1.9.2 On account of exigencies, if the bidder is
requested to extend the validity of their offer,
the same should be extended without any
deviation including change in price.
Otherwise, in such an event, the offer is liable
to be rejected
TO NOTE AND CONFIRM
1.10 CONSIGNMENT DETAILS
1.10.1 Indicate shipping weight (net and gross) & TO SPECIFY
volume of the consignment.
1.10.2 Vendor to provide Customs Tariff Number
(BTN Number) of the supplies.
TO SPECIFY
1.11 PERFORMANCE BANK GUARANTEE
1.11.1 Confirm that you will furnish performance
guarantee bond for 10% of order value by way
of Bank Guarantee in the prescribed format
from any Scheduled Indian Bank as per
clause 14 of General Purchase Conditions
(GPC) and as per format of PBG attached.
(Annexure-16)
TO NOTE AND CONFIRM
1.11.2 The PBG should be valid for a period of 24
months from the date of supply (Guarantee
period of 18 months from the date of supply +
6 months claim lodging period) or 18 months
from the date of commissioning (Guarantee
period of 12 months from the date of
commissioning + 6 months claim lodging
period) whichever is earlier. The PBG should
be sent to us directly by your Banker.
TO NOTE AND CONFIRM
1.11.3 In case PBG is not accepted by the vendor,
the offer will be liable for rejection.
TO NOTE AND CONFIRM
1.11.4 Confirm quoted prices shall remain firm and
fixed till complete execution of order. Price
Variation shall not be considered on any
account. Confirm compliance.
TO NOTE AND CONFIRM
Page 2
SNO INSTRUCTIONS VENDOR'S ACTION RESPONSE
COMMERCIAL CONDITIONS (NON INDIAN BIDDERS)
1.12 PART ORDER
1.12.1 Confirm acceptance of part order without any
stipulation of minimum order value/ quantity.
(However individual quantities will not be split)
TO NOTE AND CONFIRM
1.12.2 In case of part order confirm all lumpsum
charges quoted extra if any viz.
Documentation, testing,packing, crating,
handling, FOB charges etc., can be
considered on prorata value basis. Confirm
compliance.
TO NOTE AND CONFIRM
1.13 PRICE REDUCTION SCHEDULE
1.13.1 Acceptance to price reduction for delay in
delivery beyond contractually agreed
schedule @ ½% of undelivered order value
per week of delay or part thereof, subject to a
ceiling of 5% of total order value as per
Clause No. 20 of BPCL’s GPC.
TO NOTE AND CONFIRM
1.13.2 In case this point is not accepted by the
vendor, loading shall be done as per Clause
1.16.2
TO NOTE AND CONFIRM
1.14 PAYMENT TERMS
1.14.1 For Supply
90% of the FOB/CFR value shall be paid
through an irrevocable letter of credit or Cash
Against Documents. The Letter of credit shall
be established only on receipt of acceptance
of BPCL’s Fax of acceptance/Order along
with submission of 10% Performance Bank
Guarantee.10% shall be paid through wire
transfer after receipt and acceptance of
materials at site.
TO NOTE AND CONFIRM.
VENDORS TO CONFIRM
WHETHER THEY CONFIRM
LC OR CAD.
Please note that in the event of delay in
delivery, payment shall be released after
making price reduction from your bills and
relevant clause in this respect shall be
TO NOTE AND CONFIRM
relevant clause in this respect shall be
inserted in L/C
Bidder to provide the bank details, Swift code
etc for the above purposes along with the
unpriced part of the bid.
TO SPECIFY
Vendor to confirm that Duties in India is not
included in the price and shall be borne by
BPCL and that overseas is included in the
price.
TO NOTE AND CONFIRM
Confirm all taxes, duties and levies of any
kind payable upto port of shipment shall be
borne by supplier
TO NOTE AND CONFIRM
For supervision of Installation
100% payment through wire transfer after
completion of the installation and on
certification of Engineer- In- Charge.
TO NOTE AND CONFIRM
Bank charges shall be to respective Accounts TO NOTE AND CONFIRM
1.15 EVALUATION CRITERIA
Quoted prices in foreign currency shall be
considered for evaluation. Exchange rate as
per SBI TT Selling rate on the date previous
to the date of opening of the price bid shall be
considered for conversion of the offer to INR
for comparison and evaluation of the quotes.
TO NOTE AND CONFIRM
Page 3
SNO INSTRUCTIONS VENDOR'S ACTION RESPONSE
COMMERCIAL CONDITIONS (NON INDIAN BIDDERS)
Price evaluation will be done on Item wise
landed cost basis (including charges for
supervision of installation) as per the priced
bid format. The landed cost will be calculated
considering all duties and taxes, TPI Charges,
Freight, clearance charges, letter of credit
charges (if applicable), Octroi/Entry Tax (if
any), other charges etc., and loading on
commercial deviations (if any) less eligible
CENVAT/VAT credit available to BPCL.
TO NOTE AND CONFIRM
1.16 LOADING CRITERIA FOR COMMERCIAL
DEVIATION1.16.1 Deviation on Price Reduction for Delayed
Deliveries (Considering GPC clause of
0.5% per week of delay- max 5% total order
value) :In case the vendor does not accept the
delayed delivery clause or take exceptions to
the % rate mentioned in GPC, loading shall
be done to the extent of maximum of 5% on
the total order value or the differential % not
agreed by the supplier
TO NOTE AND CONFIRM
1.17 GENERAL
1.18 Confirm acceptance of BPCL’s `General
Purchase Conditions’ & Special Terms and
Conditions in toto.
TO NOTE AND CONFIRM
1.19 Indicate relationship with any of our
Directors.
TO SPECIFY
1.20 Please confirm you have not been banned or
delisted by any Government or Quasi
Government agencies or PSUs. If you have
been banned, then this fact must be clearly
stated.
TO NOTE AND CONFIRM
1.22 INDIAN AGENT
1.22.1 Confirm if Indian agent is involved. Please
specify the name and details of the Indian
TO NOTE,CONFIRM &
SPECIFYspecify the name and details of the Indian
agent.
SPECIFY
1.22.2 The commission payable to Indian agents, if
any, in Indian Rupees in terms of agreement
(enclosing the copy of the same) shall be paid
as per government guidelines prevailing for
such payments
TO NOTE AND CONFIRM
1.22.3 The commission to be paid to Indian agents
shall be made in Indian Rupees only based
on the exchange rate prevailing on the day of
price bid opening and would not be subject to
exchange rate variation.
TO NOTE AND CONFIRM
Page 4
SNO INSTRUCTIONS VENDOR'S ACTION RESPONSE
COMMERCIAL CONDITIONS (NON INDIAN BIDDERS)
1.22.4 The tenderers should also furnish the
following particulars of the Indian
agents/associates/and/or the foreign firms.
1) Name & address of the Indian agent, if any.
2) Confirmation that the Indian agent is
registered with the Directorate General of
Supplies & Disposals (DGS&D), New Delhi
(enclosing a copy of their valid registration
certificate).
3) If your Indian agent is not registered with
DGS&D, New Delhi, confirm that they will get
themselves registered with them immediately
and forward a copy of the same.
4) Agency commission payable, if any, shall
be paid in Indian Rupees only after receipt of
material at site subject to furnishing a valid
Registration Certificate from DGS&D, New
Delhi.
5) The precise relationship between the
foreign manufacturer/ principals & their Indian
Agents/Associate;
6) The mutual interests which the
manufacturer/principals and the Indian
agents/associates have in the business of
each other.
7) Any payment which the agent/associate
receives in India or abroad from the
manufacturer/principal whether as a
commission for the contract or as a general
retainer fee
8) Indian agent’s Income Tax PAN.
9) The foreign supplier’s Income Tax PAN
TO SPECIFY
SEAL AND SIGNATURE OF BIDDER
Page 5
ANNEXURE-10
DEVIATION FORM (COMMERCIAL) CRFQ NO: 1000225114, E TENDER NO: 19598
Name of vendor: Schedule of Deviations in reference to COMMERCIAL TERMS AND CONDITIONS 1. Vendor may give here a consolidated list of Commercial deviations for all
sections of the tender document, which for an appropriate offer is considered unavoidable by him.
2. Deviations mentioned elsewhere in the offer shall not be taken cognizance by the COMPANY and any such deviations if indicated elsewhere other than this form will render the offer non-responsive and shall liable to be rejected.
3. Vendor shall state the reasons for the deviations in the `Remark' column. 4. All other clauses of the COMMERCIAL TERMS AND CONDITIONS (not
mentioned in this form) shall be deemed to be fully complied by the PCMS vendor
5. Only the deviations listed herein, in conjunction with the COMMERCIAL TERMS AND CONDITIONS, shall constitute the contract requirements for the award of job to the vendor.
Sr. No.
Page No.
Clause No.
Commercial terms and conditions
Deviations Remarks
1 2 3 4 5 6
VENDOR : Signature of the authorized signatory : Name of the authorized signatory : Stamp & Date :
Page 1
M/s ____________________________(Bidder)
Signature : ___________________________
Name : ______________________________
Official Seal : _________________________
S No Commercial conditions description Vendor's Action Vendor's response
1 Third Party Inspection charges (% on Ex works price) Vendor to specify
2 P&F Charges (% on Ex works price) Vendor to specify
3 Excise Duty with Cess (%) Vendor to specify
4 VAT (%) Vendor to specify
5 CST extra with C Form (%) Vendor to specify
6 CST extra without C Form (%) Vendor to specify
7 Freight charges for delivery at Mumbai Refinery Vendor to specify
8 Service Tax (%) on freight- (To be indicated seperately) Vendor to specify
9 Octroi Charges (%) Vendor to specify
10 Any other charges/Taxes (%) Vendor to specify
1 Third Party Inspection charges (% on Ex works price) Vendor to specify
2 P&F Charges (% on Ex works price) Vendor to specify
3 Excise Duty with Cess (%) Vendor to specify
4 VAT (%) Vendor to specify
5 CST extra with C Form (%) Vendor to specify
6 CST extra without C Form (%) Vendor to specify
7 Freight charges for delivery at Mumbai Refinery (%) Vendor to specify
8 Service Tax (%) on freight- (To be indicated seperately) Vendor to specify
9 Octroi Charges (%) Vendor to specify
10 Any other charges/Taxes (%) Vendor to specify
Offer No. ____________________(Bidder’s Ref.)
3.0 FLEXIBLE ROOF DRAIN SYSTEM AS PER BPCL STANDARD SPECIFICATION AE-S-3712 REV. 0 FOR CRUDE OIL STORAGE TANK
124.
Tel. No. : _________________________
E-Tender system No: 19598
FORMAT FOR PROVIDING FREIGHT TAXES, DUTIES ETC (INDIAN BIDDERS).
2.0 FLEXIBLE ROOF DRAIN SYSTEM AS PER BPCL STANDARD SPECIFICATION AE-S-3712 REV. 0 FOR CRUDE OIL STORAGE TANK
119.
ANNEXURE-11
1.0 FLEXIBLE ROOF DRAIN SYSTEM AS PER BPCL STANDARD SPECIFICATION AE-S-3712 REV. 0 FOR CRUDE OIL STORAGE TANK
105.
Fax No. ___________________________
BHARAT PETROLEUM CORPORATION LIMITED
Enquiry /CRFQ No. : 1000225114
Vendor shall provide % rates against each item in response column. If any of the conditions are not applicable vendor to specify Nil/NA
1 Third Party Inspection charges (% on Ex works price) Vendor to specify
2 P&F Charges (% on Ex works price) Vendor to specify
3 Excise Duty with Cess (%) Vendor to specify
4 VAT (%) Vendor to specify
5 CST extra with C Form (%) Vendor to specify
6 CST extra without C Form (%) Vendor to specify
7 Freight charges for delivery at Mumbai Refinery (%) Vendor to specify
8 Service Tax (%) on freight- (To be indicated seperately) Vendor to specify
9 Octroi Charges (%) Vendor to specify
10 Any other charges/Taxes (%) Vendor to specify
1 Service Tax (%) Vendor to specify
2 Any other charges/Taxes (%) Vendor to specify
1 Service Tax (%) Vendor to specify
2 Any other charges/Taxes (%) Vendor to specify
1 Service Tax (%) Vendor to specify
2 Any other charges/Taxes (%) Vendor to specify
SIGNATURE AND SEAL OF THE BIDDER
124.
4.0.SUPERVISION OF INSTALLATION OF FLEXIBLE ROOF DRAIN SYSTEM AS PER BPCL STANDARD SPECIFICATION AE-S-3712
REV. 0 FOR CRUDE OIL STORAGE TANK 105.
5.0.SUPERVISION OF INSTALLATION OF FLEXIBLE ROOF DRAIN SYSTEM AS PER BPCL STANDARD SPECIFICATION AE-S-3712
REV. 0 FOR CRUDE OIL STORAGE TANK 119.
6.0.SUPERVISION OF INSTALLATION OF FLEXIBLE ROOF DRAIN SYSTEM AS PER BPCL STANDARD SPECIFICATION AE-S-3712
REV. 0 FOR CRUDE OIL STORAGE TANK 124.
Page 1
M/s ____________________________(Bidder)
Signature : ___________________________
Name : ______________________________
Official Seal : _________________________
S No Commercial conditions description Vendor's Action Vendor's response
1 Third Party Inspection Charges (% on FOB price) Vendor to specify
2 Ocean Freight Charges (% on FOB price) Vendor to specify
3 Port handling charges (%)
4 Custom clearance charges (%)
5 Inland transportation to site including service tax (%)
6 Any other charges/Taxes/Customs duties (%)
1 Third Party Inspection Charges (% on FOB price) Vendor to specify
2 Ocean Freight Charges (% on FOB price) Vendor to specify
3 Port handling charges (%)
4 Custom clearance charges (%)
5 Inland transportation to site including service tax (%)
6 Any other charges/Taxes/Customs duties (%)
1 Third Party Inspection Charges (% on FOB price) Vendor to specify
2 Ocean Freight Charges (% on FOB price) Vendor to specify
3 Port handling charges (%)
4 Custom clearance charges (%)
Shall be suitably loaded as per Guidelines
Shall be suitably loaded as per Guidelines
Vendor shall provide % rates against each item in response column. If any of the conditions are not applicable vendor to specify Nil/NA
2.0 FLEXIBLE ROOF DRAIN SYSTEM AS PER BPCL STANDARD SPECIFICATION AE-S-3712 REV. 0 FOR CRUDE OIL
STORAGE TANK 119.
3.0 FLEXIBLE ROOF DRAIN SYSTEM AS PER BPCL STANDARD SPECIFICATION AE-S-3712 REV. 0 FOR CRUDE OIL
STORAGE TANK 124.
Shall be suitably loaded as per Guidelines
ANNEXURE-12
Fax No. ___________________________
Shall be suitably loaded as per Guidelines
FORMAT FOR PROVIDING FREIGHT TAXES, DUTIES ETC (NON INDIAN BIDDERS).
Tel. No. : _________________________
Shall be suitably loaded as per Guidelines
Shall be suitably loaded as per Guidelines
Shall be suitably loaded as per Guidelines
1.0 FLEXIBLE ROOF DRAIN SYSTEM AS PER BPCL STANDARD SPECIFICATION AE-S-3712 REV. 0 FOR CRUDE OIL
STORAGE TANK 105.
Shall be suitably loaded as per Guidelines
Shall be suitably loaded as per Guidelines
Enquiry /CRFQ No. : 1000225114
BHARAT PETROLEUM CORPORATION LIMITED
Shall be suitably loaded as per Guidelines
Offer No. ____________________(Bidder’s Ref.)
E-Tender system No: 19598
4 Custom clearance charges (%)
5 Inland transportation to site including service tax (%)
6 Any other charges/Taxes/Customs duties (%)
1 Service Tax/ Income tax (%)
1 Service Tax/ Income tax (%)
1 Service Tax/ Income tax (%)
SIGNATURE AND SEAL OF THE BIDDER
4.0.SUPERVISION OF INSTALLATION OF FLEXIBLE ROOF DRAIN SYSTEM AS PER BPCL STANDARD SPECIFICATION
AE-S-3712 REV. 0 FOR CRUDE OIL STORAGE TANK 105.
5.0.SUPERVISION OF INSTALLATION OF FLEXIBLE ROOF DRAIN SYSTEM AS PER BPCL STANDARD SPECIFICATION
AE-S-3712 REV. 0 FOR CRUDE OIL STORAGE TANK 119.
6.0.SUPERVISION OF INSTALLATION OF FLEXIBLE ROOF DRAIN SYSTEM AS PER BPCL STANDARD SPECIFICATION
AE-S-3712 REV. 0 FOR CRUDE OIL STORAGE TANK 124.
Shall be suitably loaded as per Guidelines
Shall be suitably loaded as per Guidelines
Shall be suitably loaded as per Guidelines
Shall be suitably loaded as per Guidelines
Shall be suitably loaded as per Guidelines
Shall be suitably loaded as per Guidelines
Page 1
1
Official Seal : _________________
S No Description of Item
Currency:
1.0 Rate/unit Total Amount
QUOTED / NOT
QUOTED
QUOTED / NOT
QUOTED
2.0 Rate/unit Total Amount
QUOTED / NOT
QUOTED
QUOTED / NOT
QUOTED
Name : _______________________
ANNEXURE-13
E-Tender system No: 19598
M/s __________________(Bidder)
Signature : ___________________
BHARAT PETROLEUM CORPORATION LIMITED
Offer No. ____________________(Bidder’s Ref.)
Enquiry /CRFQ No. :1000225114
Indian Rupees
PRICED BID FORMAT (INDIAN BIDDERS)VENDOR TO SUBMIT THIS FORMAT WITH UNPRICED BID MENTIONING "QUOTED" OR "NOT
QUOTED" AS THE CASE MAY BE. NO PRICES SHALL BE MENTIONED IN THIS DOCUMENT
Fax No. ___________ ___________
Ex works Price
Tel. No. : ________ _____________
Qty
FLEXIBLE ROOF DRAIN SYSTEM AS PER BPCL
STANDARD SPECIFICATION AE-S-3712 REV. 0
FOR CRUDE OIL STORAGE TANK 119
2 Pcs
FLEXIBLE ROOF DRAIN SYSTEM AS PER BPCL
STANDARD SPECIFICATION AE-S-3712 REV. 0
FOR CRUDE OIL STORAGE TANK 105.
2 Pcs
3.0 Rate/unit Total Amount
QUOTED / NOT
QUOTED
QUOTED / NOT
QUOTED
4.0 Rate/unit Total Amount
QUOTED / NOT
QUOTED
QUOTED / NOT
QUOTED
5.0 Rate/unit Total Amount
QUOTED / NOT
QUOTED
QUOTED / NOT
QUOTED
6.0 Rate/unit Total Amount
QUOTED / NOT
QUOTED
QUOTED / NOT
QUOTED
SIGNATURE AND SEAL OF THE BIDDER
FLEXIBLE ROOF DRAIN SYSTEM AS PER BPCL
STANDARD SPECIFICATION AE-S-3712 REV. 0
FOR CRUDE OIL STORAGE TANK 124.
2 Pcs
SUPERVISION OF INSTALLATION OF FLEXIBLE
ROOF DRAIN SYSTEM AS PER BPCL
STANDARD SPECIFICATION AE-S-3712 REV. 0
FOR CRUDE OIL STORAGE TANK 124.
1 LS
SUPERVISION OF INSTALLATION OF FLEXIBLE
ROOF DRAIN SYSTEM AS PER BPCL
STANDARD SPECIFICATION AE-S-3712 REV. 0
FOR CRUDE OIL STORAGE TANK 105.
1 LS
SUPERVISION OF INSTALLATION OF FLEXIBLE
ROOF DRAIN SYSTEM AS PER BPCL
STANDARD SPECIFICATION AE-S-3712 REV. 0
FOR CRUDE OIL STORAGE TANK 119.
1 LS
Page 1
Official Seal : _________________
S No Description of Item
Currency:
1.0 Rate/unit Total Amount
QUOTED / NOT
QUOTED
QUOTED / NOT
QUOTED
2.0 Rate/unit Total Amount
QUOTED / NOT
QUOTED
QUOTED / NOT
QUOTED
Name : _______________________
PRICED BID FORMAT (NON INDIAN BIDDERS)VENDOR TO SUBMIT THIS FORMAT WITH UNPRICED BID MENTIONING "QUOTED" OR "NOT
QUOTED" AS THE CASE MAY BE. NO PRICES SHALL BE MENTIONED IN THIS DOCUMENT
Tel. No. : ________ _____________
Fax No. ___________ ___________
Qty
Enquiry /CRFQ No. :1000225114
Please Specify:
Offer No. ____________________(Bidder’s Ref.)
ANNEXURE-14
E-Tender Sys No: 19598
M/s __________________(Bidder)
Signature : ___________________
BHARAT PETROLEUM CORPORATION LIMITED
FOB Price
FLEXIBLE ROOF DRAIN SYSTEM AS PER BPCL
STANDARD SPECIFICATION AE-S-3712 REV. 0
FOR CRUDE OIL STORAGE TANK 105.
2 Pcs
FLEXIBLE ROOF DRAIN SYSTEM AS PER BPCL
STANDARD SPECIFICATION AE-S-3712 REV. 0
FOR CRUDE OIL STORAGE TANK 119
2 Pcs
QUOTED QUOTED
3.0 Rate/unit Total Amount
QUOTED / NOT
QUOTED
QUOTED / NOT
QUOTED
4.0 Rate/unit Total Amount
QUOTED / NOT
QUOTED
QUOTED / NOT
QUOTED
5.0 Rate/unit Total Amount
QUOTED / NOT
QUOTED
QUOTED / NOT
QUOTED
6.0 Rate/unit Total Amount
QUOTED / NOT
QUOTED
QUOTED / NOT
QUOTED
SIGNATURE AND SEAL OF THE BIDDER
FOR CRUDE OIL STORAGE TANK 119
FLEXIBLE ROOF DRAIN SYSTEM AS PER BPCL
STANDARD SPECIFICATION AE-S-3712 REV. 0
FOR CRUDE OIL STORAGE TANK 124.
2 Pcs
SUPERVISION OF INSTALLATION OF FLEXIBLE
ROOF DRAIN SYSTEM AS PER BPCL
STANDARD SPECIFICATION AE-S-3712 REV. 0
FOR CRUDE OIL STORAGE TANK 105.
1 LS
SUPERVISION OF INSTALLATION OF FLEXIBLE
ROOF DRAIN SYSTEM AS PER BPCL
STANDARD SPECIFICATION AE-S-3712 REV. 0
FOR CRUDE OIL STORAGE TANK 119.
1 LS
SUPERVISION OF INSTALLATION OF FLEXIBLE
ROOF DRAIN SYSTEM AS PER BPCL
STANDARD SPECIFICATION AE-S-3712 REV. 0
FOR CRUDE OIL STORAGE TANK 124.
1 LS
Page 1
Page 1 of 24
Bharat Petroleum Corporation Limited Annexure-15
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
Page 2 of 24
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 any where 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.
Page 3 of 24
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.
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 turn over 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.
Page 4 of 24
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.
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 re-imbursed by
BPCL at actuals 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
Page 5 of 24
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.
7.3. Unless otherwise specified, the inspection shall be carried out as per the relevant
standards/scope of inspection provided alongwith 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 favour 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
Page 6 of 24
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 :
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 authorised
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 : Goverment 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 Airshipment, 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 :
Page 7 of 24
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 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,
(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 two (7) days after such commencement date, notify
Page 16 of 24
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
(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, 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
Page 17 of 24
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.
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 Share holder 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
Page 18 of 24
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 :
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 endeavors 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 :
Page 19 of 24
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 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 off 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
Page 20 of 24
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 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 lossof 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
Page 21 of 24
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 laws 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
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.
Page 22 of 24
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.
Page 23 of 24
Annexure I
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 upto
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.
Page 24 of 24
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) 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
ordissolution 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:
SPECIAL TERMS AND INSTRUCTIONS TO BIDDERS
SPECIAL TERMS AND INSTRUCTIONS TO BIDDERS
(A) PAYMENT TERMS
(B) EVALUATION CRITERIA FOR COMPARISON OF BIDS
(C) COMMERCIAL LOADING OF OFFERS IN CASE OF DEVIATIONS
A) PAYMENT TERMS
In partial modification of the payment terms as mentioned in the General Purchase
Conditions, the following payment terms shall be applicable.
1.0 PAYMENT TERMS (INDIAN BIDDERS):
1.1 Please refer Special Purchase Conditions/Tender/Commercial conditions for detailed payment
terms.
1.2 General:
1.2.1 Excise duty, Service Tax shall be released only on receipt of Cenvatable / vatable copy
of corresponding Invoice.
1.2.2 No initial advance payment along with order shall be made by Owner against supplies
as well as services (i.e., transportation, erection, site work etc.). If a supplier insists on
the same, the offer shall be rejected.
1.2.3 All bank charges shall be to respective accounts.
1.2.4 Bank Guarantee(s) shall be issued through Nationalised/ Scheduled bank, as per pro-
forma enclosed.
1.2.5 All Bank Guarantees will be issued directly to BPCL by the bank and Vendor shall
enclose copy of the same along with invoice.
1.2.6 All payments shall be released within 30 days of receipt of invoice and all requisite
documents, complete in all respects.
2.0 PAYMENT TERMS (FOREIGN BIDDERS):
In partial modification of the payment terms as mentioned in the General Purchase
Conditions, the following payment terms shall be applicable.
2.1 Please refer Special Purchase Conditions/Tender/Commercial conditions for detailed payment
terms.
2.2 General:
2.2.1 No initial advance payment along with order shall be made by Owner against supplies
as well as services (i.e., transportation, erection, site work etc.). If a supplier insists on
the same, the offer shall be rejected.
2.2.2 All Bank Guarantee(s) shall be issued through Nationalised / Scheduled bank in India
as per pro-forma enclosed. All Bank Guarantees will be issued directly to BPCL by the
bank. In case bank guarantee is issued by a branch of bank situated outside India it
should be countersigned by a Scheduled Indian Bank.
2.2.3 All bank charges and stamp duties payable outside India in connection with payments
shall be borne by Supplier. All bank charges and stamp duties payable in India shall be
borne by BPCL except L/C amendment charges for delays in delivery and confirmation
charges for confirmed L/C shall be borne by Supplier.
2.3 Transportation for Foreign Bidders
Ocean/Air transportation from FOB/ FCA Port of Exit to Designated Indian Port/ Airport shall
be arranged by BPCL through their nominated freight forwarder. Bidder shall arrange handing
over the material to BPCL freight forwarder at the designated port of exit.
In cases where the NIT/RFQ requires bidder to quote Ocean/Air freight, BPCL reserves the
right to ask the bidder to arrange shipment through bidders own freight forwarder at the
quoted freight rates depending on the approval from chartering wing of the Ministry of
Surface Transport, New Delhi.
B) EVALUATION CRITERIA FOR COMPARISON OF BIDS
1.1 Where only Indian Bids are under comparison
• Bids shall be evaluated on the basis of landed cost at Site, all duties, taxes,
transportation and entry tax charges less Cenvatable excise duty, Cenvatable service
tax.
• Commercial loading shall be done on FOT dispatch Point price.
• Suppliers shall dispatch the goods by road to BPCL, through Bank Approved
Transporters only and shall quote firm freight charges accordingly. If a supplier
does not quote freight charges, his offer shall be loaded with maximum freight
charges as quoted by the other bidders.
Taxes/Duties:
• The sales tax will be cost loaded as applicable. However, if a vendor states that the
sales tax/Excise Duty is not applicable at present or quote lesser percentage and
will be charged as applicable at the time of delivery, then vendor’s price will be
loaded by highest rate as indicated by the vendors.
1.2 Where only Foreign Bids are under comparison
• Bids shall be evaluated on CFR basis considering sea freight as under:
Packages/equipments/pipes & plates: Firm freight as quoted by bidders
• If a supplier does not quote freight charges, his offer shall be loaded with maximum
freight charges as quoted by the other bidders.
• Comparison shall be done on equivalent Indian Rupees basis considering TT selling
rate published in The State Bank of India/Associated Banks on the previous day of
price bid opening.
1.3 Where Indian as well as Foreign Bids are under comparison
Domestic Bidders:
• Bids shall be evaluated on the basis of landed cost at Site, all duties, taxes,
transportation charges and entry tax less Cenvatable excise duty, Cenvatable service
tax.
• Commercial loading shall be done on FOT dispatch Point price.
Foreign Bidders:
Bids shall be evaluated on the basis of landed cost at Site including third party inspection by
Lloyds/BV/DNV, all duties, taxes and transportation charges as under less Cenvatable
CVD/SAD etc., Cenvatable service tax (if applicable):
Sr. No. Head Basis
1 F.O.B. Price As quoted by the bidder inclusive of Packing &
forwarding charges, inland freight up to port of
exit, Third Party Inspection charges, etc.
2 Add Ocean freight: Firm freight as quoted by bidders
3 Add Marine insurance @ 0.5% of FOB price
4 Add Customs Duty Prevailing rate on (CIF value plus Landing
Charges @ 1% of CIF Value)
5 Add Port handling
charges
@ 1% of CIF value.
6 Approx Customs
Clearance charges
7 Add Inland freight
charges from Port of
Entry in India to project
site(s)/Refinery
@ 1% on CIF Value
8 Add L/C and other
Charges (if applicable)
@ 1% of FOB Price
9 Octroi/Entry Tax Charges,
If any.
Percentage of landed cost, as applicable, i.e., S.
No. 1 to 6
10 Commercial Loadings, If
any.
On FOB value
11 Less Cenvatable Duties
12 FOT SITE PRICE
Sum (1 to 10) - less (11)
1.4 Cost of Mandatory (Insurance) spares if identified in the Material Requisition, commissioning
spares and special tools and tackles will be included for price evaluation of bids, but costs of
Spares for two years normal operation and maintenance shall be excluded.
1.5 Cost loading towards Technical Parameters (Utilities etc.) wherever applicable shall be carried
out.
1.6 BPCL shall claim CENVAT benefits on Excise Duty, VAT, CVD/SAD, Service Tax as well as the
cess applicable and accordingly Excise Duty/ VAT/ CVD /SAD/ Service Tax, Cess and these shall
be considered and necessary credit shall be given for evaluation and comparison of bids. In
case of VAT, loading will be done to the extent credit is available to Owner.
1.7 BPCL shall issue concessional form “C” for Central Sales Tax.
1.8 BPCL shall claim input credit on service tax quoted by Vendor in his prices and therefore
service tax shall be considered to the extent credit is available to BPCL, for price comparison.
Vendor shall be required to furnish vatable invoices issued in accordance with service tax
rules enabling BPCL to avail CENVAT benefits.
1.9 Comparison shall be done on equivalent Indian Rupees basis considering TT selling rate
published in The State Bank of India/Associated Banks on the previous day of price bid
opening.
1.10 Foreign suppliers shall provide charges for Third Party Inspection separately in the price
schedule.
1.11 Excise duty, Central Sales Tax, VAT, and Service Tax shall not be included in the quoted
prices and shall be payable extra at actuals. All other taxes / duties / cess / levies shall be
included in the prices, no break-up required and all variations, statutory or otherwise, shall be
to Bidder’s account. Further, the amount of excise duty, service tax, VAT shall only be
payable against submission of Cenvatable/Vatable invoices subject to maximum amount
quoted in the offer and in case of non-submission, will not be paid.
Value Added Tax (VAT)
Contractor shall submit proper tax invoices for local purchase as per VAT Act to enable Owner
to make full input tax credit under VAT Act. In the absence of which, payment shall not be
released.
Notwithstanding the foregoing, OWNER shall not bear any liability in respect of:
a) Personal taxes on the personnel deployed by the CONTRACTOR, his SUB-
CONTRACTOR and Agent, etc.
b) The Corporate Taxes in respect of CONTRACTOR and his Sub-Contractor and other
Agents, Indian or foreign based.
c) Any other taxes/ duties/ levies, etc.
1.12 Transit insurance/Marine Insurance shall be excluded from suppliers’ scope for the items
where only supply involved and the same shall be arranged by the owner. For purchases
involving site work, the Comprehensive (Transit/Marine cum storage, erection, till handing
over of equipment) Insurance shall be arranged by Owner.
1.13 ARITHMETIC DISCREPANCIES IN PRICED OFFER
Price bids will be checked by Owner for any arithmetic errors in computation and summation.
Errors will be corrected by owner as follows;
If there is correction/wrong entry or a difference between the values entered in figures and in
words, the following procedure shall be adopted for evaluation.
i) When there is a difference between the rate in figures and in words for an item, the rate
which corresponds to the amount worked out by the Bidder for the item based on the
notional quantity specified, shall be taken as correct.
ii) When the rate quoted by the Bidder in figures and words tallies but the amount is
incorrect, the rate quoted by the Bidder shall be taken as correct
iii) When it is not possible to ascertain the correct rate as detailed above, the rate quoted for
the item in words shall be adopted as the quoted rate.
iv) If the total amount written against an item does not correspond to the rate written in
figures and if the rate in words is not written by the bidder, then the higher of the rates, i.e.
higher of the rate worked out by dividing the amount by the notional quantity and the rate
quoted shall be considered for evaluation. In the event that such a bid is determined as the
lowest bid, the lower of the rates shall be considered for ordering.
Where there is a discrepancy between the lump sum prices and price break up, in that
event lump sum prices will be considered final and break up of prices adjusted accordingly.
All changes / alterations / corrections in the BID shall be signed in full by the person or
persons signing the Bid, with date. No erasure, use of correction fluid and / or overwriting
is permitted. All blank spaces shall be filled in by typewriter /printed or in ink and inter-
lineations, alterations or erasures, if any occur, shall be formally explained over the
signature of authorized representative. “Non-compliance/ violation” of this requirement
may be cause for the rejection of the Bid.
1.14 Evaluation shall be done item wise as per Material Requisition (MR) / RFQ.
1.15 In case of contradictions in terms and conditions of RFQ documents, then the following shall
prevail in order of precedence:-
1. NIT/RFQ
2. Specifications & Scope of work / Price Schedule of RFQ
3. Agreed Terms and Conditions (ATC)
4. Special Purchase Conditions (SPC)
5. Special Instructions to Bidders (SIB)
6. General Purchase Conditions (GPC)
C). COMMERCIAL LOADING OF OFFERS IN CASE OF DEVIATIONS
1.1 Basis of Loading
The Foreign Bids shall be loaded on FOB Port of Exit prices and the Indian Bids shall be loaded
on FOT Despatch Point prices.
1.2 Payment Terms
Bidders not adhering to the payment terms as per tender are liable for rejection.
However If any differential payment terms is offered by the vendor as against BPCL terms
mentioned in this tender and the same is acceptable to BPCL, Vendor shall be loaded at a rate
equivalent to benchmark prime lending rate (BPLR) of State Bank of India applicable on the
date of opening price bid, calculated for the applicable period for the applicable amount.
The loading shall be for a period as under:
Drawing approval 80% of the delivery period
Sub-ordering of raw materials 75% of the delivery period
Receipt of raw material at vendor’s works 50% of the delivery period
Final 10% also against dispatch documents one month
Period of any other stage shall be suitably decided at the time of evaluation. All mile
stone payments shall be against equivalent bank guarantees which shall be valid till
complete receipt of the items.
1.2.2 Foreign suppliers shall not be permitted to offer differential payment terms as against the
terms specified in the RFQ/ GPC and in case they insist, their offer shall be rejected.
1.2.3 Advance along with FOA/ PO will not be allowed. If a supplier insists for advance payment
along with FOA/PO, his offer shall be rejected.
1.3 Performance Bank Guarantee (PBG)
1.3.1 Performance Bank Guarantee shall be required in all cases of supplies. In case a supplier
offers to give a PBG for less than 10% of order value, or for a lesser period than what is
provided in GPC, loading shall be done for the differential amount and/ or the differential
period. For differential period/ amount, the following example will amplify the methodology
of loading (if GPC specifies 10% PBG for 18 months + 3 months claim period = Total 21
months):
For differential period:
Period offered by Bidder Loading
10% for 21 months - No loading
10% for 18 months - 10% x 3/21 = 1.43%
10% for 12 months - 10% x 9/21 = 4.29%
10% for 6 months - 10% x 15/21 = 7.14%
For differential Amount:
Other than 10%:To be loaded by percentage by which PBG is short of 10%.
In case, bidder does not agree to submit the PBG, 10% payment shall be deducted and
withheld till the guarantee period.
No PBG + Not accepting withholding of 10% payment- Offer shall be liable for rejection
1.4 Delayed Deliveries shall be as per the RFQ documents:-
1.4.1 In case a Supplier does not accept the delayed delivery clause and/or takes any deviation
(insists for liquidated damages or indicates penalty clause in place of Price Reduction Clause)
or takes exception to the percentage rate mentioned in GPC or SPC, the offer of such
supplier(s) shall be loaded by 5%.
1.5 Price variation:
1.5.1 Suppliers must quote firm & fixed prices.
1.6 Indian Freight charges:
1.6.1 Indian Suppliers shall quote firm freight charges up to destination by road on freight pre-paid
door delivery basis through bank approved transporters for all cases.
1.6.2 If a supplier does not quote freight charges, his offer shall be loaded with maximum freight
charges as quoted by the other bidders.
1.7 Indian taxes / duties
In case a supplier states that taxes/duties are not applicable at present and will be charged as
applicable at the time of delivery then his bid shall be loaded by the maximum rate of
taxes/duties applicable.
1.8 Any other loading not explicitly covered above but as required in the opinion of OWNER to
bring the offers on par shall also be considered for evaluation and comparison.
(Bidder’s signature and Stamp)
Page 1
Annexure 16
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 upto
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) 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
Page 2
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
ordissolution 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:
SUPPLY OF FLEXIBLE ROOF DRAIN SYSTEM FOR
CRUDE OIL STORAGE TANKS OF BPCL- MUMBAI
REFINERY
REQUEST FOR QUOTATION
CRFQ NO. 1000225114 –E-Tender Sys No: 19598
PRICE
BID
SECTION
CCCPPPOOO (((RRREEEFFFIIINNNEEERRRIIIEEESSS)))
PRICE BID SECTION
INDEX OF ATTACHMENTS
Sr.
No. Description Annexure
1 Priced Bid Schedule (Indian Bidders) 17
2 Priced Bid Schedule (Non Indian Bidders) 18
Bidders to fill in the prices only in the above Annexures 17 to 18 (as applicable), sealed and signed and upload the same in the price bid section.
Official Seal : _________________
S No Description of Item
Currency:
1.0 Rate/unit Total Amount
2.0 Rate/unit Total Amount
3.0 Rate/unit Total Amount
FLEXIBLE ROOF DRAIN SYSTEM AS PER BPCL
STANDARD SPECIFICATION AE-S-3712 REV. 0
FOR CRUDE OIL STORAGE TANK 105.
2 Pcs
FLEXIBLE ROOF DRAIN SYSTEM AS PER BPCL
STANDARD SPECIFICATION AE-S-3712 REV. 0
FOR CRUDE OIL STORAGE TANK 119
2 Pcs
FLEXIBLE ROOF DRAIN SYSTEM AS PER BPCL 2 Pcs
ANNEXURE-17
E-Tender Sys No: 19598
M/s __________________(Bidder)
Signature : ___________________
BHARAT PETROLEUM CORPORATION LIMITED
Tel. No. : ________ _____________
Enquiry /CRFQ No. : 1000225114
Offer No. ____________________(Bidder’s Ref.)
Name : _______________________
Indian Rupees
PRICED BID SCHEDULE (INDIAN BIDDERS)Vendor shall Indicate their prices in the format below. This document with prices shall be
uploaded only in the Price bid section.
Qty
Fax No. ___________ ___________
Ex works Price
3.0 Rate/unit Total Amount
4.0 Rate/unit Total Amount
5.0 Rate/unit Total Amount
6.0 Rate/unit Total Amount
SIGNATURE AND SEAL OF THE BIDDER
FLEXIBLE ROOF DRAIN SYSTEM AS PER BPCL
STANDARD SPECIFICATION AE-S-3712 REV. 0
FOR CRUDE OIL STORAGE TANK 124.
2 Pcs
SUPERVISION OF INSTALLATION OF FLEXIBLE
ROOF DRAIN SYSTEM AS PER BPCL
STANDARD SPECIFICATION AE-S-3712 REV. 0
FOR CRUDE OIL STORAGE TANK 105.
1 LS
SUPERVISION OF INSTALLATION OF FLEXIBLE
ROOF DRAIN SYSTEM AS PER BPCL
STANDARD SPECIFICATION AE-S-3712 REV. 0
FOR CRUDE OIL STORAGE TANK 119.
1 LS
SUPERVISION OF INSTALLATION OF FLEXIBLE
ROOF DRAIN SYSTEM AS PER BPCL
STANDARD SPECIFICATION AE-S-3712 REV. 0
FOR CRUDE OIL STORAGE TANK 124.
1 LS
Page 1
Official Seal : _________________
S No Description of Item
Currency:
1.0 Rate/unit Total Amount
2.0 Rate/unit Total Amount
3.0 Rate/unit Total Amount
Tel. No. : ________ _____________ Name : _______________________
Fax No. ___________ ___________
Qty FOB Price
Enquiry /CRFQ No. : 1000225114
Please Specify:
Offer No. ____________________(Bidder’s Ref.)
PRICED BID SCHEDULE (NON INDIAN BIDDERS)Vendor shall Indicate their prices in the format below. This document with prices shall be