CPO REFINERIES - Bharat Petroleum€¦ · CPO REFINERIES TENDER FOR “ ... The Company’s...

CRFQ 1000284840 E-Tender System ID – 27055

CPO REFINERIES

TENDER FOR

“Procurement of 600 MHz Fourier Transform-Nuclear Magnetic

Resonance (FT-NMR) Spectrometer at Corporate R & D Centre ”

REQUEST FOR QUOTATION

CRFQ Number – 1000284840

E-Tender System IDs : 27055

Tender Calendar Details

Stage Name Start Date End date and

Time

Tender release 19.07.2017 16.08.2017,

11:00 Hrs IST

Pre-bid meeting

28.07.2017, 10:00 Hrs IST.

PQ bid opening 16.08.2017, 11:30 Hrs IST

-

Technical bid opening Will be intimated later -

Priced Bid Opening Will be intimated later -


NOTICE INVITING E-TENDER

Procurement of 600 MHz Fourier Transform-Nuclear Magnetic Resonance

(FT-NMR) Spectrometer at Corporate R & D Centre

1.0 INTRODUCTION

Bharat Petroleum Corporation Limited (BPCL) has been one of the leading petroleum

refining and marketing company in India since its inception in 1956.

The Company’s Corporate R&D Centre (CRDC) is at Greater NOIDA, Uttar Pradesh with state-of-the-art facilities and is backed with a vision to develop high value products, services, processes & technologies and create innovative R&D solutions to

earn customer’s delight. CRDC is also providing advanced technical support for Refinery processes and improved product/process developments.

Fourier Transform-Nuclear Magnetic Resonance (FT-NMR) spectroscopy is

extensively used for molecular level characterization of chemicals, additives and

catalysts in liquid and solid state mode across industries like chemical, pharmaceutical,

petroleum, petrochemical, polymer, cosmetics, food, textile, etc.

Some of the petroleum related application details are listed below:

Liquid state FT-NMR can be used for identification and quantification of

hydrocarbon type, such as Aromatic, Saturated, Paraffinic, Naphthenic Carbons, etc.

Similarly, solid state FT-NMR has varieties of applications in Refinery Catalysts,

Waxes and insoluble hydrocarbon Compounds, Coke formation due to (cracking,

reforming, hydro processing, etc.).

FT-NMR editing techniques has applications in finished products like gasoline,

kerosene, ATF, diesel, lube oils, Petrochemicals, etc.

Based on the above applications of NMR technique in petroleum and petrochemical

feed stocks, products, catalysts, to understand various problems and development of

new products, CRDC intends to procure one 600 MHz FT-NMR spectrometer.

2.0 E-TENDER

E-Bids in 3 parts are invited for the tender for “Procurement of 600 MHz Fourier

Transform-Nuclear Magnetic Resonance (FT-NMR) Spectrometer at Corporate R & D Centre” in complete accordance with tender documents and its attachments.

All prospective bidders are requested to enroll themselves in to our e-tendering platform https://bpcleproc.in/ maintained by M/s. E-procurement Technologies Ltd,

our authorized Service Provider for E-tendering.

https://bpcleproc.in/


Upon logging in to the e-procurement website, bidders can download the bid documents and shall thoroughly go through the same. All documents required for the bid, shall be uploaded on the appropriate place in the E-Procurement web site,

digitally signed. No physical scanned documents need to be uploaded except those specifically indicated.

As a pre-requisite for participation in the tender, bidders are required to

obtain a valid Digital Signature Certificate of Class 2B or Class 3 (Signing and

Encryption/Decryption) and above as per Indian IT Act from the licensed

Certifying Authorities operating under the Root Certifying Authority of India

(RCIA), Controller of Certifying Authorities (CCA). The cost of obtaining the

digital certificate shall be borne by the bidder.

Bidders are advised to read the Instructions for participating in the electronic tenders directly through internet (Bid Submission Manuals are available on the above

mentioned e-procurement site) and get conversant with the process of online submission of the tenders well in time so as to submit tenders by the due date.

E-Bidding instructions are also attached along with the tender document for reference and guidance.

3.0 SITE VISIT/ PRE-BID MEETING:

3.1 Site visit/ Pre-bid meeting is scheduled on 28th July 2017, 10:30 AM at CRDC, Greater NOIDA. All interested bidders are requested to reach the site before 10:00 AM. The purpose of the pre- bid meeting is to clarify any doubts of the Bidders on

the interpretation of the provisions of tender. Bidder(s) are requested to submit their queries, mentioning firm name, clause no. & clause by a letter/ e-mail to the

Engineer- in-charge in order to have fruitful discussions during the meeting. All Bidders are requested to acquaint themselves about the site and tender conditions for better clarity, before submitting their bids. Necessary clarifications (if any), may be

obtained prior to submission of the bid.

3.2 Contact Persons:

Shri. Tushar S Thorat, Chief Manager (CRDC), BPCL – Greater NOIDA

Tel No. 0120 – 2354162. E mail: [email protected] Shri. Dharmendra Pandey, Manager (CRDC), BPCL – Greater NOIDA

Tel No. 0120 – 2354192. E mail: [email protected]

Bidders shall visit the location, at their own expense to see the site conditions before quoting for the job. Bidders should contact Engineer- in-charge for getting

information required for visiting the site locations well in advance. Bidders to obtain all the information required for executing the contract from site. No request will be

entertained on this count even if bidders choose not to visit. No claim what so ever may be shall be entertained on this ground.

mailto:@bharatpetroleum.in/



Bidders may submit the queries in following format (in excel):

Sr No

Tender Page No

Clause No

Clause Clause details Query

4.0 PRE-QUALIFICATION CRITERIA:

4.1 Bidders, fulfilling all the technical & commercial qualifying criteria as per the pre-

qualification document attached, shall only be considered for further evaluation of bids.

5.0 EARNEST MONEY DEPOSIT (EMD) :

5.1. The interest- free Earnest Money Deposit (EMD) of Rs 2,50,000/- (Rupees Two Lakh

Fifty Thousand Only) to be submitted by way of crossed account payee Demand Draft drawn on any nationalized / scheduled bank in favour of "BHARAT PETROLEUM CORPORATION LTD" payable at Mumbai. The EMD shall be

arranged prior to the due date & time of opening of the "Pre-qualification Bid".

The following categories of bidders are however exempted from depositing

EMD:

a) Units registered with National Small Industries Corporation (NSIC); b) Units falling under Micro & Small Enterprises (MSEs) category and

registered with authorities specified under Public Procurement Policy for

MSEs and as defined under the MSMED Act 2006. Vendor shall submit the EMI and EMII certificate from DIC along with their offer.

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

a) Units should be registered with National Small Scale Industrial Corporation Limited (NSIC) or with any of the Authorities specified under the Public

Procurement Policy for MSE’s. (DIC/KVIC/KVIB/Coir Board/NSIC/Directorate of Handicrafts and Handloom or any other body specified by Ministry of MSME.)

b) The Unit should be registered for the item tendered. c) The monetary limit, if any, indicated in the registration certificate should cover

value of items ordered. d) Registration Certificate is valid for a period at least up to validity of the offer. e) Self-attested copy of valid relevant registration certificate should be submitted

in support. f) Registration with DGS&D will not entitle a Tenderer to claim above

exemption. g) Units registered with National Small Industries Corporation (NSIC) or MSE

subject to:


Such bidders must upload appropriate proof along with their "Technical Bid", to show that they are eligible for the exemption from EMD (application for registration as NSIC / MSE or for renewal will not be acceptable), failing

which such bid will be treated as bid received without EMD and liable to be rejected.

h) All MSEs who are having Udyog Aadhaar Memorandum (UAM) shall be

given all benefits available under Public Procurement Policy for MSEs order

2012. Therefore, UAM shall also be accepted as a valid document for vendors seeking benefits under PPP for MSEs order 2012

i) Registration with DGS&D will not entitle the Bidder to claim exemption fro m

payment of EMD.

5.2 “Earnest Money Deposit” (EMD), wherever applicable, shall be paid separately by

Demand Draft (DD) / Banker’s Cheque drawn in favour of Bharat Petroleum Corporation Limited and payable at Mumbai, or by electronic funds transfer or bank guarantee.

5.3 The Bank Guarantee in lieu of EMD shall be furnished on non-judicial stamp paper

of Rs. 500/- value and in the prescribed Performa given in the Tender Document.

5.4 Bank Guarantee (BG) shall be executed by any Scheduled Bank approved by

Reserve Bank of India as per the proforma. The BG shall remain valid for a period of six months from the due date of opening the tender.

5.5 Original DD/ Banker's Cheque or BG as the case may be, towards EMD shall be sent separately to CPO (Head), CPO-Refineries, BPCL. Copy the DD/ Banker's

cheque/ BG as the case may be, along with proof of dispatch to be uploaded along with "Pre-qualification Bid". Bids without EMD are liable to be rejected.

5.6 EMD can be also submitted through electronic fund transfer to the Account as detailed below;

Details of Bank for Electronic Fund Transfer: Beneficiary-Bharat Petroleum Corporation Limited

Name of the Bank- Standard Chartered Bank, M G Road, Address-90, M G Road,

Fort, Mumbai-400 001,IFSC Code-SCBL0036001,MICR Code-400036002,Type of Account-11(Current), Account No:22205020115.

5.7 EMD of other unsuccessful bidders shall be released after issuance of FOA/LOA/contract Order against this tender. However, in case of successful bidder

the EMD shall be released on receipt of performance bank guarantee.

5.8 Forfeiture of EMD - A tenderer who has submitted their bid shall not be permitted

to alter/ amend or withdraw the bid, not withstanding that the bid(s) has/ have not yet been opened/ finalized. A tenderer who purports to alter/ modify withdraw their


offer after submission, within the validity of the offer shall be liable to have their offer rejected and their EMD forfeited/encashed.

5.9 The Earnest Money deposited by successful tenderer shall be forfeited if the successful tenderer fails to honour the offer terms prior to ordering and Contractual

terms after issuance of FOA/LOA/contract Order.

5.10 Offers received without scan copy of EMD (DD/BG/Valid NSIC Certificate/Bank

transfer details) in the e-tender and physically not received within 7 days after “Pre-qualification Bid” opening date (as indicated in the NIT or corrigendum thereof) are

liable to be rejected. 5.11 EMD shall be valid for a period of 6 (Six) Months from the due date and in

compliance with the terms provided in General Conditions of Contract (GCC) for the same. EMD format provided in GCC shall be complied.

5.12 Additional instructions for Foreign Bidders

Foreign bidders can submit EMD in Euro or USD only. Details are as follows;

1. EMD amount (net) in USD / EURO shall be USD 4000 OR EURO 3500.

2. EMD shall be paid by BG or wire transfer. 3. In case of BG, the validity of BG shall be 90 days beyond the validity of the

offer for claim. 4. Bank Guarantee from foreign bank is acceptable only if the same is

countersigned by their Indian branches (provided the Indian branch of the

foreign bank is recognized Scheduled Bank by Reserve Bank of India) or any Indian Scheduled Bank.

5. SWIFT Details are mentioned below;

Beneficiary

Name Bharat Petroleum Corporation Limited

Bank

Name Standard Chartered Bank

Branch

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

USD Account no 22205032520

Swift Code SCBLINBBXXX

BSR Code 6470036

CURRENCY OF QUOTE

1. Foreign Bidders can quote in INR or USD or EURO only. 2. Currency once quoted shall not be allowed to change.


3. Foreign bidder to indicate the currency in UNPRICED BID as well as PRICE BID and ensure that they quote the same currency in UNPRICE BID as well as PRICED BID.

4. No discrepancy or ambiguity in quoted currency shall be allowed. In case of any discrepancy or ambiguity in quoted currency, BPCL reserves the right

to discard the offer and not consider the offer for further evaluation. 6.0 OFFER VALIDITY:

The Offers shall be valid for a period of 120 days from Tender Due Date / Extended

Tender Due Date for placement of order.

7.0 TIME OF COMPLETION:

As detailed in the Special Purchase Conditions.

8.0 GENERAL PURCHASE CONDITIONS (GPC) / PURCHASE CONDITIONS

(SPC):

Attached GPC / SPC shall be applicable for this contract.

9.0 SUBMISSION OF TENDER:

9.1 Bids should be submitted in "THREE BID SYSTEM", i.e., "Pre-

Qualification Bid", "Unpriced-Technical Bid” & "Priced Bid" through e-tendering portal.

9.2 "Pre-Qualification Bid" shall be complete with all the required documents uploaded as given below.

(i) All required documents as per PQ criteria (ii) Scan Copy of EMD (Demand draft/ Bank Guarantee/ Valid EMD

Exemption Certificate (if any).

(iii) Declaration of Holiday Listing to be submitted properly filled. (iv) Contact details of Vendor duly filled, signed and stamped.

(v) Scanned copy of Bidder’s PAN, GST Tax Registration Certificate (vi) Integrity Pact Document duly filled, signed and stamped on each page (vii) Any other supporting documents/ information in support of the bid.

(viii) For foreign bidders, Tax residency certificate.

9.3 "Un-Priced- Technical Bid", i.e. Techno-Commercial Bid, shall be complete with all technical and commercial details (other than price) duly filled, signed and stamped essentially containing the following documents

shall be submitted/ uploaded:- i) Un-Priced Bid Format. Please do not indicate prices in Un-Price Bid.

ii) Details of taxes and duties as per the format attached.


iii) Acceptance, Compliance, Deviations and Exceptions: Bidders are requested to have all their queries clarified before bidding. Bidders are required to confirm and accept all the terms and conditions of the tender. However, if

they still have deviations to our tender, they can indicate deviations in the ‘Technical Deviation Form’ / ‘Commercial Deviation Form’, as the case

maybe, giving reference to clause no. iv) Duly signed and stamped tender document as a token of acceptance.

v) Any other supporting documents/ information in support of the Un-priced

Bid.

9.4 "Priced Bid" shall be submitted online. Bidders shall input their prices online

in the template created in the E Tendering portal.

Indian Bidders shall submit Price Forms for Local Supply, Installation and Commissioning Charges and AMC Charges.

Non-Indian Bidders (Foreign Bidders) shall submit Price Forms for Import Supply, Installation and Commissioning Charges and AMC Charges.

9.5 Bids complete in all respects should be uploaded in BPCL e-tendering portal

on or before the due date & time. Each page of all documents, submitted by the bidder, shall be duly signed & stamped, and then scanned and uploaded in the portal. The offer shall be submitted in the Portal under the digital

signature of the bidder.

9.6 Offer submitted by Telex/ Telegraphic/ Fax/ E-Mail or Hard copy in sealed covers, shall not be accepted.

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

10.0 TENDER OPENING:-

The deadline for bid submission is 11:00 Hrs on the due date mentioned. The bids can be submitted in the e-procurement website upto the tender due date

and time. The Pre-qualification bids will be opened online through e-procurement website https://bpcleproc.in, on the same day at 11.30 Hrs.

10.1 Pre-qualification Bids: The Pre-qualification bids shall be opened on the due date mentioned at 11.30 Hrs. Bidders, who have submitted their bids, can

view/ witness the "Pre-qualification Bid" opening through the e-portal. The offers of those bidder(s) whose offer meet the Prequalification requirements, will only be considered for further evaluation, while those not meeting the

Pre-qualification criterion, will be not be considered for further evaluation.

10.2 Un-priced-Technical bids:- The Un-priced Technical Bids (Techno-Commercial Bid) of those bidder(s), whose offers for "Pre-qualification Bid"


are found to be acceptable, will only be opened under advance intimation to them. Such Qualified Bidders can view/ witness the "Un-priced Technical Bid" opening through the e-portal.

10.3 Price bids:- The date and time of opening Price Bids shall be intimated

separately to the techno-commercially acceptable bidders and the price bids shall be opened through e-portal. Such Techno-Commercially accepted bidders can view/ witness the "Price Bids" opening through the e-portal.

11.0 METHODOLOGY FOR EVALUATION :

Price evaluation will be done overall landed cost basis as per the special conditions

of the contract provided.

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.

12.0 CONTACT PERSONS:

Please note that tender against tender enquiry is invited through e-tendering mode. In case of any clarification regarding the tender, following are the contact persons:-

12.1 FOR E-TENDERING RELATED ISSUES :

If tenderers need some clarifications or are experiencing difficulties while enrolling or while participating in this e-Tender, please E-Mail to the following E-Mail ID

along with the snapshots of the errors being faced to:

M/s E-procurement Technologies Ltd, E Mail - [email protected] or [email protected] & with a copy to: [email protected]

(OR) Contact the following helpdesk numbers:

All India +91 79 4027 0573.

12.2 FOR TECHNICAL CLARIFICATIONS:

For any technical clarifications regarding this RFQ, please contact:

Shri. Tushar S Thorat, Chief Manager (CRDC), BPCL – Greater NOIDA Tel No. 0120 – 2354162. E mail: [email protected] Shri. Dharmendra Pandey, Manager (CRDC), BPCL – Greater NOIDA Tel No. 0120 – 2354192. E mail: [email protected]

mailto:[email protected]




12.3 FOR COMMERCIAL CLARIFICATIONS:

For any commercial clarifications regarding this RFQ, p lease contact:

Procurement Manager - Shri. P P Bhate, BPCL- Mumbai Refinery, Mahul, Mumbai, Tel no. 022 - 25533010. Email: [email protected]

(OR) Procurement Leader - Shri. A.R.Menon, BPCL - Mumbai Refinery, Mahul,

Mumbai, Tel no. 022 - 25533142. Email: [email protected]

13.0 INTEGRITY PACT (IP):

13.1 Proforma of Integrity Pact (IP) shall be returned by the Bidder/s along with the bid documents, duly signed by the same signatory who is authorized to sign the bid documents. All the pages of the Integrity Pact shall be duly signed, scanned and

uploaded along with other documents. Bidder's failure to upload the IP duly signed along with bid documents shall result in the bid not being considered for further

evaluation.

13.2 If the Bidder has been disqualified from the tender process prior to the award of the

contract in accordance with the provisions of the IP, BPCL shall be entitled to demand and recover from Bidder Liquidated Damages amount by forfeiting the

EMD/ Bid Security as per provisions of IP.

13.3 If the contract has been terminated according to the provisions of the IP, or if BPCL

is entitled to terminate the contract according to the provisions of the IP, BPCL shall be entitled to demand and recover from Contractor Liquidated Damages amount by

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

13.4 Bidders may raise disputes/complaints, if any, with the nominated Independent External Monitor (IEM). The IEM's name, address & contact number is given

below: Shri Brahm Dutt

1/8 Safdarjung Enclave, New Delhi - 110 029

Email : [email protected], Mob. 09871920282.

14.0 ANTI-PROFITEERING CLAUSE OF GST FOR INDIAN VENDORS

If any new tax is introduced on sale of goods/services by VENDOR to OWNER in lieu of one or more of the then existing taxes or as a new tax altogether and the rate and impact of the new taxes is less than the rate and impact of existing tax or taxes




which it replaces, VENDOR shall pass on to OWNER the benefit thereof by of commensurate reduction in the amount payable by the OWNER to VENDOR. If on the other hand, the rate of the new taxes is in excess than the rate of the new taxes it

replaces, the OWNER on satisfactory proof shall reimburse the VENDOR the additional tax paid by the VENDOR as the result of the imposition of the new taxes

provided they are within the contractual completion date.

Explanation: For the purpose of above clause, impact means and includes the

addition/reduction of taxes suffered on inputs, input services & capital goods. Further, impact of stranded taxes like CST on Interstate purchases, entry tax/octroi,

etc (if applicable) also needs to be considered.

The vendor shall take steps viz uploading invoice in GSTR 1 , payment of the tax

liability on the said invoices and filing of Returns etc. and comply with all the requirements of applicable laws including GST laws for the time being in force to

enable the OWNER to avail tax credit/s including input tax credit. Any loss or non-availability of input tax credit by the OWNER due to non-compliance of applicable tax laws including but not limited to GST laws in force or otherwise, on the part of

VENDOR, an amount equivalent to any tax liability accruing to the OWNER and/or to the extent of any loss accrued to the OWNER due to the non-availability of input tax credit or any liability accrued to the OWNER shall either stand

cancelled or deducted from the payment due to the VENDOR or shall be reimbursed by the VENDOR as the case may be till such default is either rectified or made good

by the VENDOR and the OWNER is satisfied that it is in a position to claim valid input tax credit within the time- lines as per applicable laws.

Any cost, liability, dues, penalty, fees, interest as the case may be which accrues to the OWNER at any point of time on account of non-compliance of applicable tax

laws or rules or regulations thereof or otherwise due to default on the part of VENDOR shall be borne by the VENDOR. An amount equivalent to such cost, liability, dues, penalty, fees, interest as the case may be, shall be reimbursed by the

VENDOR within 30 days. Any GST as may be applicable on such recovery of amount shall also be borne by VENDOR and same shall be collected by the

OWNER.

15.0 GENERAL POINTS:

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

part or full, without assigning any reason whatsoever. BPCL also reserves its right

not to accept the lowest rates quoted by the bidders and also to give purchase/price preference to eligible Enterprises, as admissible under the existing policies of

Government of India and to JVs/ Subsidiaries as per BPCL guidelines.

15.2 COST OF BIDDING: The Bidder shall bear all costs associated with the preparation and submission of Bid, all activities in connection with bidding. BPCL will in no

case be responsible or liable for these costs regardless of the conduct or outcome of the bidding process. Each Bidder accept and agrees, as a condition of submitting its


Bid that it waives any and all claims against BPCL, its Co-ventures and their affiliates, for remuneration or restitution relating to its costs and expenses in.

15.3 CONTENTS OF BIDDING DOCUMENT: The Bidder is expected to examine carefully all instructions, conditions, forms and terms given in the Bidding

Documents. Failure to furnish all information required by the Bidding Document or not responsive to the requirements of the Bidding Document will be at the Bidder’s risk, and may result in rejection of the bid.

Amendment of Bidding document

BPCL may, for any reason either at their own initiative or in response to the clarification requested by prospective bidders, issue amendment in the form of

addendum during the bidding period or subsequent to receiving the bids. Any addendum thus issued shall become part of bidding document and Bidder shall

submit `Original' addendum duly signed and stamped in token of his acceptance. If addendum is issued during the bidding period, Bidder shall consider the impact in his bid. If addendum is issued subsequent to receiving the bids, Bidder shall follow

the instructions issued along with addendum with regard to submission of impact on quoted price/ revised price, if any.

15.4 OWNER’S RIGHTS TO ACCEPT / REJECT ANY OR ALL BIDS: BPCL reserves

the right to reject any or all the tenders without assigning any reasons whatsoever. Also BPCL reserves the absolute right to reject any or all the bids/tenders solely based upon the past unsatisfactory performance by the bidder/bidders in BPCL, the

opinion/ decision of BPCL regarding the same being final and conclusive.

15.5 LANGUAGE OF BIDS: The bid prepared by the Bidder and all correspondence and documents relating to the bid, exchanged by the Bidder and BPCL, shall be written in the English language. All information in the “Bid” shall be in English language.

Information in any other language shall be accompanied with its translation in English. Failure to comply with this condition shall disqualify a “BID”. In the event

of any contradictions between meanings as derived from various languages of the “BID”, the meaning as derived from English language copy of the “BID” shall govern.

15.6 CONFIDENTIALITY OF BID DOCUMENT: The bidder shall not disclose any

information contained in the bid document or otherwise supplied in connection with this bid to any third party, except for the purpose of preparing its bid and shall require any such third party to treat such information as confidential.

15.7 PROCESS TO BE CONFIDENTIAL: After the opening of bids, information

relating to the examination, clarification, evaluation and comparison of bids and recommendations concerning to award of contract shall not be disclosed to Bidders. Canvassing in any form by the Bidder or by any other Agency on behalf of the

Bidder after submission of the Bid may disqualify the said Bid. Any effort by a Bidder to influence the owner in the process of examination, clarification,


evaluation and comparison of Bids, and in decisions concerning award of contract, may also result in the rejection of the said Bid.

15.8 WRONG INFORMATION: If the Bidder deliberately gives wrong information in his Bid to create circumstances for the acceptance of his Bid, Owner reserves the

right to reject such Bids without any reference to the Bidder. 15.9 VENDOR HOLIDAY LISTING : Vendors serving holiday listing order issued by

BPCL, MOP&NG or any other Oil PSEs would not get qualified in the tenders floated in BPCL till the holiday listing order is revoked by the concerned authority

and the proof of such revocation is submitted to the tendering department.

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

by BPCL / MOP&NG or any other Oil PSEs as on due date of bid submission anywhere in the country. Offers not accompanied with such declaration shall make

the bidders liable for rejection. Any wrong declaration in this context shall make the bidders liable for action under the Holiday Listing procedure.

15.10 CLARIFICATIONS OF BIDS: In the event of finding any discrepancies in or omissions from the Bid Documents, or should the Bidder be in doubt as to the meaning of such documents, Bidder shall immediately notify BPCL, either by

facsimile or letter, at the address shown above, who will thereupon, if required, send necessary written instructions to all Bidders. Any such request shall reach BPCL not

later than seven (7) days prior to the ‘closing date”.

As part of examination, evaluation and comparison of Bids, the Owner may at his

discretion, ask Bidders individually for clarification or call them for discussion of their Bid.

For Techno-Commercial clarifications, bidders shall normally be given a cutoff date for furnishing clarifications. Clarifications received after the specified cutoff dates

are liable not to be considered for evaluation. Technical Query (TQ)/Commercial Query (CQ) shall be issued to bidders through E-Mail/E Tendering platform. Reply

of TQ/CQ shall also be received through E-Mail/E-Tendering platform.

15.11 REVERSE AUCTION : BPCL reserves the right to consider the sealed price bids submitted by the bidders in E-tendering portal or to opt for Reverse Auction (RA)

which shall be decided after technical evaluation of the offers. As such, the bidders should submit their best prices in ‘Priced Bids’ in E-tendering portal.

In case BPCL opt for Reverse Auction, the price bid submitted by the vendors shall not be opened. The General terms and conditions governing RA shall be applicable.

A brief general condition of RA is given along with E-bidding Instructions.

15.12 SIGNING OF BID: The Bid must contain the name, designation, residence and place of business of the person or persons submitting the Bid, and must be signed


and sealed by the Bidder with his usual signature. The names of all persons signing should also be typed or printed below their signature.

Satisfactory evidence of authority of the person signing on behalf of the Bidder shall be furnished with the Bid. The Bidder’s name stated in the Bid shall be the EXACT

LEGAL NAME OF FIRM / COMPANY / CORPORATION, etc. as registered or incorporated.

15.13 FIRM PRICES : The Contract Price shall remain firm and fixed till the completion

of Work in all respects and no escalation in prices on any account shall be admissible to the BIDDER / CONTRACTOR.

15.14 CONTRACT AGREEMENT:- The successful Bidder shall be required to execute a formal Agreement as per the

Format available in GCC, with Owner within 15 days from the date of issue of Contract Order by CPO-Refineries. All pages of the tender document including

General Conditions of Contract to be signed and stamped. The Contract document shall consist of the following:

i) Agreement signed on non-judicial stamp paper by Owner and Contractor. ii) Detailed Contract Order/LOA along with enclosures.

iii) The tender Document along with the drawings, annexures, attachments, etc. iv) Amendments to Bidding Document, if any. v) All forms which were uploaded in the web (technical bid & price bid)

*********************


SECTION 2

ATTACHMENTS TO THE TENDER FOR

PROCUREMENT OF 600 MHZ FOURIER TRANSFORM-NUCLEAR

MAGNETIC RESONANCE (FT-NMR) SPECTROMETER

AT CORPORATE R & D CENTRE

Section

No

Description

1 NOTICE INVITING E-TENDER

2 ATTACHMENTS TO THE TENDER

3 PRE-QUALIFICATION CRITERIA ALONG WITH ANNEXURE-I & ANNEXURE II

4 INTEGRITY PACT AGREEMENT FORMAT

5 PROFORMA OF BANK GUARANTEE FOR EARNEST MONEY DEPOSIT

6 TECHNICAL SPECIFICATIONS AND SPECIAL CONDITIONS OF CONTRACT

7 TECHNICAL DEVIATION FORM

8 SPEICAL PURCHASE CONDITIONS

9 FORM A - FORMAT FOR TAXES AND DUTIES

10 GENERAL PURCHASE CONDITIONS

11 COMMERCIAL DEVIATION FORM

12 E-BIDDING INSTRUCTIONS

13 FORMAT FOR BIDDER’S INFORMATION

14 ANTI-PROFITEERING DECLARATION

15

POLICY OF HOLIDAY LISTING OF VENDORS IN BPCL


SECTION-3

PRE-QUALIFICATION CRITERIA


PRE-QUALIFICATION CRITERIA

The bidders who intend to participate in the tendering process shall meet all the following minimum

pre-qualification criteria – technical and commercial and only such bidders shall be pre-qualified for

further evaluation.

Note to Bidders:

(1) If the Bidder is a business partner / Authorized dealer / distributor / Indian

agent/representative of the OEM, then the bidder should submit a declaration from

OEM that the OEM will be support the bidder technically and successful

commissioning of the equipment shall be single point responsibility of the OEM.

(2) Bidder should ensure submission of complete information/ documents in the first

instance itself. Qualification may be completed based on the details so furnished

without seeking any subsequent additional information.

(3) Bidder shall submit all relevant documents of their 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 bidder.

(4) 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

working day of opening of the pre-qualification bid for PQ criteria evaluation.

(5) The Bidder shall not be on the Holiday List of BPCL/ MOP&NG/any other Oil PSEs and

shall submit the declaration for the same (Annexure I).

Other documents to be submitted:

I. Company profile indicating organization structure of bidding entity.

II. Audited Profit & Loss Account, Balance Sheets/Statement of Assets & Liabilities etc.

for the immediately preceding three financial years. Further, for bidders who have

Sl

No CRITERIA REQUIREMENT

1 TECHNICAL 1.1 The bidder should have experience in the

supply, installation and commissioning of at

least one 600 MHz FT-NMR complete unit in

India during the past five years to be counted

prior to bid due date.

Minimum one unit.

1.2 The bidder should have established service

network with skilled manpower in India.

Self declaration.

2 FINANCIAL 2.1 Average annual turnover of the bidder during

the last three financial years.

Not less than Rs.

215 lakhs.

2.2 Bidder’s net worth in the last financial year Should be positive.


not finalized their books of account for the financial year 2016-17, evaluation of

these criteria would be done for the latest three financial years ending 2015-16 for

which books of account have been finalized and audited.

III. Vendor/Bidder to submit Purchase order copies along with job completion

certificates and executed order value for the qualifying works.

IV. Health, Safety and Environment Management Policy (HSE) policy.

V. Integrity Pact and Declaration of holiday listing in enclosed format.

VI. Submission of documents for specific experience as called for in the PQ criteria

(Annexure II).

*********


ANNEXURE - I

PROFORMA OF DECLARATION OF HOLIDAY LISTING

In the case of a Proprietary Concern:

I hereby declare that neither I in the name of m y 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/MOP&NG/any other Oil PSEs, 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/MOP&NG/any other Oil PSEs,

except as indicated below:


In the case of Company

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

Petroleum Corporation Limited/MOP&NG/any other Oil PSEs, except as indicated below:


It is understood that if this declaration is found to be false in any particular, Bharat

Petroleum Corporation Limited 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_______________


Annexure II

Submission of documents for specific experience as called for in the PQ criteria

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

has concern or apprehensions regarding the authenticity/correctness of any document,

BPCL reserve the right to get the docum ents cross -verified from the document issuing

authority.

All documents furnished by the Bidder in support of meeting the BQC including the

documents against MSE, if any, shall be signed and stamped by the bid signatory and shall

be:

EITHER

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

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

where audited accounts are not mandatory as per law (in line with the present system)”

OR

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

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

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

OR

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

Company Secretary of the bidder (Limited company only) along with Self-Certification as

per Form-A attached in Bidding Document. This option shall not be applicable to

Proprietorship/ Partnership firms.”

Requirem ent of above certification shall not be applicable to published audited annual

financial statements in English, if original booklets are submitted.

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

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

getting the translation duly authenticated by local Chamber of Commerce of bidder’s

country.”

All the certified documentation against BQC (including the documents against MSE) shall

be uploaded by the bidder on BPCL e-tendering website along with the e-bid.

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

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

right to complete the evaluation based on the details furnished without seeking any

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

change the price or substance of the bid.

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


Form-A

SELF-CERTIFICATION

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

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

_______________________________ having its registered office at

_________________________________________________________ certify that all the details

including documents pertaining to Bidder Qualification Criteria signed by undersigned vide

our offer reference ___________________ against your Enquiry document

______________________________________, are true, authentic, genuine and exact copy of its

original.

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

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

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

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

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

false representation.

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

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

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

Signature of authorized representative


SSEECCTTIIOONN--44

IINNTTEEGGRRIITTYY PPAACCTT


IINNTTEEGGRRIITTYY PPAACCTT

Between

BBhhaarraatt PPee ttrroo lleeuumm CCoo rrppoo rraatt iioonn LLiimmiitteedd ((BB PPCCLL)) hheerree iinnaaffttee rr rree ffeerrrreedd ttoo aass ""TThhee

PPrriinncc iippaall"",, AAnndd

……………………………………………………………………………………………..her

einafter referred to as "The Bidder/ Contractor/ Supplier".

PPrreeaammbb llee

The Principal intends to award, under laid down organization procedures, contract/s for

“Procurement of 600 MHz Fourier Transform-Nuclear Magnetic Resonance (FT-NMR) Spectrometer at Corporate R & D Centre”. 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.

IInn oorrddee rr ttoo aacchhiieevvee tthheessee ggooaallss ,, tthhee PPrriinncciippaa ll ccooooppeerraa tteess wwiitthh tthhee rreennoowwnnee dd

iinntteerrnnaatt iioonnaa ll NNoonn--GGoovveerrnnmmeennttaall OOrrggaa nniissaattiioonn ""TTrraannssppaa rreennccyy IInnttee rrnnaattiioonnaa ll"" ((TTII))..

FFooll lloowwiinngg TTII ''ss nnaatt iioo nnaall aanndd iinnttee rrnnaa ttiioo nnaa ll eexxppeerriieennccee ,, tthhee PPrriinncciippaa ll wwiillll aappppoo iinntt aann

IInnddeeppeennddeenntt EExxtteerrnnaall MMoonniittoorr wwhhoo wwiill ll mmoo nniittoo rr tthhee tteennddeerr pprroocceessss aanndd tthhee eexxeeccuuttiioonn

ooff tthhee ccoonnttrraacc tt ffoo rr ccoo mmpplliiaannccee wwiitthh tthhee pprriinncc iipplleess mmeenntt iioonneedd aabboovvee ..

SSeecctt iioonn 11 -- CCoommmmiittmmeennttss oo ff tthhee PPrr iinncc iippaa ll

(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.


SSeecctt iioonn 22 -- CCoommmmiittmmeennttss oo ff tthhee BBiiddddee rr// CCoonnttrraaccttoorr // SS uupppp lliieerr

((11)) TThhee BBiiddddeerr // CCoonnttrraaccttoorr // SS uupppp lliieerr ccoommmmiittss iittssee llff ttoo ttaakkee aa llll mmeeaassuurreess nneecceessssaarryy ttoo

pprreevveenntt ccoo rrrruupp tt iioonn.. HHee ccoommmmiittss hhiimmssee llff ttoo oobbssee rrvvee tthhee ffoo lllloowwiinngg pp rr iinncc iipp lleess dduurr iinngg hhiiss

ppaarrtt iicc iippaatt iioo nn iinn tthhee tteenndd eerr pprroocceessss aanndd dd uurr iinngg tthhee ccoo nnttrraacc tt eexxeeccuutt iioonn..

a) The Bidder/ Contractor/ Supplier will not, directly or through any other person or firm, offer, promise or give to any of the Principal's employees

involved in the tender process or the execution of the contract or to any third person, any material or immaterial benefit which he/she is not legally entitled to, in order to obtain in exchange, any advantage of any kind

whatsoever during the tender process or during the execution of the contract.

b) The Bidder/ Contractor/ Supplier will not enter with other Bidders into any undisclosed agreement or understanding, whether formal or informal. This applies in particular to prices, specifications, certifications, subsidiary

contracts, submission or non-submission of bids or any other actions to restrict competitiveness or to introduce cartelisation in the bidding process.

c) The Bidder/ Contractor/ Supplier will not commit any offence under the relevant Anti-Corruption Laws of India; further the Bidder/ Contractor/

Supplier will not use improperly, for purposes of competition or personal gain, or pass on to others, any information or document provided by the Principal as part of the business relationship, regarding plans, technical

proposals and business details, including information contained or transmitted electronically.

d) The Bidder/ Contractor/ Supplier will, when presenting his bid, disclose any

and all payments he has made, is committed to, or intends to make to agents,

brokers or any other intermediaries in connection with the award of the contract.

(2) The Bidder/ Contractor/ Supplier will not instigate third persons to commit offences

outlined above or be an accessory to such offences.

SSeecctt iioo nn 33 -- DDiissqquuaa lliiffiiccaatt iioo nn ffrroomm TTeennddeerr PPrroocceessss aanndd EExxcc lluuss iioo nn ffrroo mm FF uuttuurree CCoonnttrraaccttss

IIff tthhee BBiiddddeerr,, bbee ffoorree ccoonnttrraacc tt aawwaarrdd,, hhaass ccoo mmmmiitt tteedd aa ttrraa nnssggrreessss iioonn tthhrroouugg hh aa

vviioollaatt iioonn ooff SSeeccttiioo nn 22 oorr iinn aannyy oo tthheerr ffoorrmm ssuucchh aass ttoo ppuutt hhiiss rree lliiaabbiill iittyy oorr ccrreeddiibbii lliittyy aass

BBiiddddeerr iinnttoo qquueessttiioonn,, tthhee PPrriinncciippaall iiss eennttiitt lleedd ttoo ddiissqquuaallii ffyy tthhee BBiiddddeerr ffrroomm tthhee tteennddeerr

pprroocceessss oorr ttoo tteerrmmiinnaa ttee tthhee ccoonnttrraacctt,, ii ff aallrreeaaddyy ss iiggnneedd,, ffoo rr ss uucchh rreeaassoonn..

(1) If the Bidder/ Contractor/ Supplier has committed a transgression through a violation of Section 2 such as to put his reliability or credibil ity into question, the

Principal is also entitled to exclude the Bidder/ Contractor/ Supplier from future


contract award processes. The imposition and duration of the exclusion will be determined by the severity of the transgression. The severity will be determined by the circumstances of the case, in particular the number of transgressions, the

position of the transgressors within the company hierarchy of the Bidder and the amount of the damage. The exclusion will be imposed for a minimum of 6 months

and maximum of 3 years. (2) A transgression is considered to have occurred if the Principal after due

consideration of the available evidences, concludes that no reasonable doubt is possible.

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

right to resort to and impose such exclusion and further accepts and undertakes not

to challenge or question such exclusion on any ground, including the lack of any hearing before the decision to resort to such exclusion is taken. This undertaking is

given freely and after obtaining independent legal advice. (4) If the Bidder/ Contractor/ Supplier can prove that he has restored/ recouped the

damage caused by him and has installed a suitable corruption prevention system, the Principal may revoke the exclusion prematurely.

SSeecctt iioo nn 44 -- CCoommppeennssaatt iioonn ffoo rr DDaammaaggeess

(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.

SSeecctt iioonn 55 -- PPrreevviioouuss TTrraannssggrreessss iioonn

(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.

SSeecctt iioo nn 66 -- EEqquuaa ll ttrreeaattmmeenntt oo ff aa llll BBiiddddeerrss // CCoonnttrraacc ttoorrss // SS uupppp lliieerrss //SS uubbccoo nnttrraaccttoo rrss

(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.

SSeecctt iioonn 77 -- PPuunniitt iivvee AAcc tt iioo nn AAggaa iinnsstt VViioo llaatt iinngg BBiiddddeerrss // CCoonnttrraacc ttoorrss //SS uupppp lliieerrss //

SSuubbccoo nnttrraaccttoo rrss

IIff tthhee PPrriinncc iippaall oo bbttaaiinnss kk nnoo wwlleeddggee ooff ccoonndduucctt ooff aa BBiiddddeerr,, CCoonnttrraacc ttoorr,, SS uuppppll iieerr oorr

SSuubbccoo nnttrraacc ttoo rr,, oo rr ooff aann eemmppllooyyeeee oorr aa rreepprreesseennttaattiivvee oorr aann aassssoocciiaattee ooff aa BBiiddddee rr,,

CCoonnttrraaccttoo rr,, SSuupppplliieerr oo rr SSuubbccoo nnttrraaccttoo rr wwhhiicchh ccoonnssttii ttuutteess ccoorrrruuppttiioonn,, oorr iiff tthhee

PPrriinncc iippaall hhaass ssuubbssttaa nnttiivvee ssuussppiicc iioonn iinn tthhiiss rreeggaarrdd,, tthhee PPrriinncciippaa ll wwiillll iinnffoo rrmm tthhee

VViiggii llaa nnccee OOffff iiccee ..

SSeecctt iioonn 88 -- IInnddeeppeennddeenntt EExxtteerrnnaa ll MMoo nniittoorrss

(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.

SSeecctt iioonn 99 -- PPaacctt DDuurraatt iioo nn

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.

SSeecctt iioo nn 1100 -- OOtthhee rr PPrroo vviiss iioonnss

((11)) TThhiiss aaggrreeeemmeenntt iiss ssuubbjjeecctt ttoo IInnddiiaa nn LLaaww.. PPllaaccee ooff ppee rrffoorrmmaannccee aa nndd jjuurriissddiicctt iioonn

iiss tthhee RReeggiiss tteerreedd OOffffiiccee ooff tthhee PPrriinncciippaa ll,, ii..ee .. MMuummbbaa ii.. TThhee AArrbbiittrraa ttiioo nn ccllaa uussee

pprroovviiddeedd iinn tthhee mmaaiinn tteennddeerr ddooccuummeenntt// ccoonnttrraacctt sshhaall ll nnoott bbee aapppplliiccaa bbllee ffoorr aannyy

iissssuuee // ddiissppuuttee aarriiss iinngg 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.

PP Bhate

Manager – CPO (R) ……………………… …………………………… For the Principal For the Bidder/ Contractor/

Supplier

Place: Mumbai Witness 1 : ……………… (Signature/Name/Address)

Date : 18.07.2017 Witness 2 : ………………

(Signature/Name/Address)


SSEECCTTIIOONN--55

PPRROOFFOORRMMAA OOFF BB AANNKK GGUUAARRAANN TTEEEE FFOORR EEAARRNNEESSTT MMOONNEEYY DDEEPPOOSSIITT


PROFORMA OF BANK GUARANTEE

(On non-judicial paper of appropriate value)

FOR EARNEST MONEY

To

Bharat Petroleum Corporation Ltd.

(CPO) Refineries

Mumbai Refinery, Mahul

MUMBAI 400074

Dear Sirs,

M/s. _________________________________________________________________________

_________ have taken tender for the supply of

____________________________________________________________ for Bharat Petroleum Corporation Ltd.

The tender Conditions of Contract provide that the Bidder shall pay a sum of Rs. ______ (Rupees__________________________________________________________________________________) as earnest money /initial / full security deposit in the form therein

mentioned. The form of payment of earnest money / security deposit includes guarantee executed by Schedule ‘A’ Bank, undertaking full responsibility to indemnify Bharat

Petroleum Corporation Ltd. in case of default. The said______________________________________ have approached us and at their

request and in consideration of the premises we__________________________________________________________

______________having our office at have agreed to give such guarantee as hereinafter mentioned.

1. We___________________________________________________________________ hereby

undertake and agree with you that if default shall be made by M/s. _____________________________________ in performing any of the terms and conditions of the tender or in payment of any money payable to Bharat Petroleum

Corporation Ltd. We shall on demand pay to you in such matter as to you may direct the said amount of Rupees_______________________________only or such portion thereof

not exceeding the said sum as you may from time to time require. 2. You will have the full liberty without reference to us and without effecting this guarantee

postpones for any time or from time to time the exercise of any of the powers and rights conferred on you under the contract with the said_____________and to enforce or to for

bear from endorsing any power of rights or by reason of time being given to the said which under law relating to the sureties would but for provision have the effect of releasing us.

3. Your right to recover the said sum of Rs.__________________(Rupees__________________ ____________________) from us

in manner aforesaid will not be affected or suspended by reason of the fact that any dispute


or disputes have been raised by the said M/s.__________________ ________________and/or that any dispute or disputes are pending befo re any officer, tribunal or court.

4. The guarantee herein contained shall not be determined or affected by the liquidation or

winding up, dissolution or change of constitution or insolvency of the said______________ ____________________but shall in all respects and for all purposes be binding operative units payment of all money due to you in respect of such liabilities is paid.

5. Our liability under this guarantee is restricted to

Rupees__________________________________ Our guarantees shall remain in force until_____________________________________________ unless a suit or action to enforce a claim under_________________________________________ Guarantee is filed

against us within six months from _____________________________(which is date of expiry of guarantee) all our rights under the said guarantee shall be forfeited and shall be

relieved and discharged from all liabilities thereunder. 6. We have power to issue this guarantee in your favour under Memorandum and Articles

of Association and the undersigned has full power to do under the Power of Attorney dated __________________granted to him by the Bank. Yours faithfully


SSEECCTTIIOONN-- 66

SCOPE OF WORK AND SPECIAL CONDITIONS OF CONTRACT


TECHNICAL SPECIFICATIONS AND SPECIAL CONDITIONS OF CONTRACT

TECHNICAL SPECIFICATIONS FOR 600 MHz FT-NMR SPECTROMETER

Objective:

State–of–the art 600 MHz Fourier Transform Nuclear Magnetic Resonance (FT-NMR) spectrometer is required for analyzing both liquid and solid samples. The spectrometer should have capabilities for the execution of most up–to–date homo and hetero- nuclear

multi-dimensional NMR experiments with automatic experiment selection. Some of the specific applications involve classification of paraffin, aromatics, olefins and various other

functional groups using both 1H & 13C using modern NMR techniques. The FT-NMR analysis should be compatible with ASTM 5292 (Standard Test Method for Aromatic Carbon Content of Hydrocarbon Oil by High resolution NMR).

Demonstration of NMR analysis to petroleum applications and Magic Angle Spinning (MAS) application to various catalysts and their characterization with different nuclei is of

prime focus. All attachments and accessories should be compatible with the spectrometer.

The specifications (technical and general), terms and conditions are as given below.

A) Cryomagnet Specifications

Superconducting ultra-shielded and long hold standard bore magnet.

Operating field, Tesla : To be specified by the supplier Room temperature bore : 54 mm NMR Frequency : 600 MHz

Liquid Helium hold time : 200 days or more To be specified by the supplier with the available

range

Should have below mentioned facility and vendor to confirm and specify with details

for the same

Built in cryoshims

Stray Field details

Room temperature shim systems with pneumatic sample lift and sample spinning

Liquid helium and nitrogen level probe

Digital monitoring system with alarm

Fixed magnet stand

Vibration proof base

Expected field drift < 6-8 Hz/hr – vendor to give specific value

Lock channel should be compatible with gradients and gradient shimming

Set of tools and tackles


Liquid Helium re- filling

Scope of this activity covers communication, coordination and execution of sourcing,

transportation and re-filling of liquid Helium. Vendor to perform the job by providing the support with trained manpower.

Vendor can provide estimate for a period of 2 years, separately for the same.

Vendor can provide futuristic estimation on continuing the above mentioned job for additional 4-5 years.

Liquid Nitrogen re-filling

Vendor to provide contact details of reputed suppliers of liquid nitrogen from the

vicinity of the installing location with document proof where the job is being performed.

Vendor to specify the required quality, quantity and time duration of liquid nitrogen re-filling.

B) Spectrometer Specifications

Should have below mentioned facility and vendor to confirm and specify for the same

High performance digital high resolution spectrometer with three channels, deuterium lock channel. Also to keep a provision for up-gradation.

Capable of performing all single and multiple dimension experiments; fast switching time for all parameters, without any hidden delays

Capable for modern pulse shaping, amplitude, phase composite pulse decoupling creation, preamplifiers with standard filters

Facility of digital receiver control with oversampling and with either digital quadrature

detection with digitizer’s facility for complete elimination of quadrature spikes or a direct digital receiver.

C) Lock and Shim System

Should have below mentioned facility and vendor to confirm and specify for the same

Shim system with minimum 36 or more gradients with shim power supply

Digitally computer controlled lock control board, digital quadrature lock receiver and

digital filtering

Digitally computer controlled shim (room temperature) control board

Manual (interactive) and digitally computer controlled sample insertion, ejection, lifting and spinning rate unit

OBS/IRR frequency offset, output, attenuation, phase shift, pulse width setting, pulse controller, Decoupling modes, etc.

Compatible with the pulsed field gradients and deuterium decoupling


D) Radio frequency Section

Should have below mentioned facility and vendor to confirm and specify with details for the same.

Complete digital console, equipped with digital quadrature detection.

Tow (2) linear RF channels with observe, pulse and decoupling functions covering entire NMR frequency range.

System must have a provision for at least one additional RF channels as future requirement. Vendor ot provide the ditov etouq for 2 fvtir uo o ur tyyvi uorvoy .

The RF system must support an extensive selection of single and double resonance experiments in both liquid and solid state covering the range from N to P, direct

observation of 1H, 23Na, 13C, 31P, 15N, 29Si, 11B, 27Al and multi-pulse, multi-dimensional experiments, the list is not exhaustive.

RF Transmitter and Receiver units with multinuclear, linear end transmitter system for 1H, 19F and broad band (multi-nuclei) observe or decoupling

Multinuclear High performance broad band preamplifier unit with necessary filters for solution and solid state measurements.

A compatible ADC board should be offered for effective spectral width of 2MHz or more.

Gradient unit with accessories for gradient spectroscopy with maximum gradient power (specify), capable of performing diffusion coefficient measurements for petroleum samples

Variable Temperature

Variable temperature accessories for Low and high temp from -100 to +150 degree C

(+/- 0.1 degree C) or better unit along with all accessories which are compatible with the given spectrometer.

The system should be capable of 2H and 1H gradient shimming.

Direct digital high frequency transmission synthesizer units for accurate frequency phase synthesis and amplitude control for both the channels

Frequency range – supplier to specify the numbers / values

Minimum step – supplier to specify the numbers / values

Switching time – supplier to specify the numbers / values

Amplitude control range – supplier to specify the numbers / values


Minimum step – supplier to specify the numbers / values

Attenuation range – supplier to specify the numbers / values

Step – supplier to specify the numbers / values

Phase resolution step – supplier to specify the numbers / values



Amplifiers

Vendor should have supporting documents in the form of spectra, etc. for the below

specified numbers / values and to be able to provide when requested.

Linear amplifiers for 1H (100W) - supplier to specify the numbers / values

for X nuclei (at least 500W), with fast blanking and rise/fall times - supplier to

specify the numbers / values

High Frequency (HF) amplifiers for 1H and 19F:


Output – supplier to specify the numbers / values

Low Frequency (LF) amplifiers


Output – supplier to specify the numbers / values

Fast AD Converter suitable for liquid state and solid state NMR - Supplier to specify the numbers / values

Spares for two years trouble-free operation - supplier to specify the items & cost

E) Probes

Should quote for following probes completely compatible with the offered magnet and

the RF system.

All probes should be Broad band Direct/observe Z-gradient Probe suitable for gradient,

cross polarization, decoupling and shielding experiments. Fast magnetic spinning for solid samples.

Liquid State Applications-

5 mm standard Broad Band (15N to 31P)

Two channel variable temperature gradient probe and suitable for 19F detection with high S/N ratio of 1H in 0.1% Ethylbenzene with 800 or more, 13C in 10%

Ethylbenzene in Chloroform-d with 200 or more, 19F with 700 or more, 31P with 100 or more and 15N with 30 or more on standard test samples.

Spinning side band - ≤ 1% for 1H

Sensitivity –spectra / scan output of standard compounds with specification sheet to be

provided

All spinners / rotors should be suitable for the entire temperature range given in

specification and covering VT experiments

A set of suitable standard samples covering all the elements are to be provided.

Solid State Applications-

Suitable for (N to P) broad band with MAS and experiments to be provided.


3.2 mm broad band probe with variable temperature (-20°C to +80°C) facility and

with gradient

A set of suitable standard samples covering all the elements are to be provided.

All spinners / rotors should be suitable for the entire temperature range given in specification and covering VT experiments

F) CP-MAS unit and other accessories for solid state NMR

Should quote for the necessary accessories to carry out Cross Polarization Magic Angle Spinning multi-nuclei NMR analysis of solid samples

Should be equipped with fully automatic computer controlled unit for increasing or decreasing the rotors spinning, spinning rate stabilization, automatic sample insertion and ejection modes.

Spinning speed of 15 KHz or more should be achievable with this unit.

Should supply/include 2 sets of rotors of suitable size along with suitable end cap

material for achieving the spinning speed of 15 KHz or more.

Should also supply/include MAS rotor transfer system, spoon, mortar & pestle, sample

packer and MAS rotor cap removal for sample preparation.

Any additional accessories for MAS rotor transfer system for normal operation of the CP-MAS system should be quoted separately.

A set of suitable standard samples for CP-MAS covering all the elements are to be

provided.

Optional Probes –

Please see inqvi t outnto vtqunu.

G) Computer System

A Work station (Linux based) or (Windows based) operating system with adequate

peripherals to run all the software necessary for entire NMR instrument control, data acquisition and signal processing, simulations, etc.

An additional computer / laptop for offline data processing, preferably with minimum following configuration should also be considered.

Computer: i-7 or higher, 6th generation / latest at the time of Delivery of the system

Hard disk drive Capacity : more than 1 TB HDD

RAM 8 GB or higher GRAPHICS CARD 2GB

USB ports 4 minimum

DVD Writter: should be provided with DVD-RW facility

VideoRam, AGP card, two speakers


Zip drive Size : Removable disk Capacity : 64 MB min.

Color display monitor Screen size : 19 to 22 inch, high resolution TFT, LED

Resolution : 1280 x 1024 or higher Keyboard : 105 sculpture keys (including numeral Special function keys)key pad and

Mouse : 3 – button type

Printers Laser Jet Color Printer:

Paper Size: A4 and A3

Resolution: 600 dots/inch

H) Networking

It should be possible to network the host system with at least two more PC terminals either local or remote for to and fro data transfer. Should be possible to us all the softwares

required for processing the data (raw &/or final), printing/plotting and other manipulations which are possible with host system. Necessary software required to be quoted.

I) Softwares

Complete package of NMR software for acquisition, processing and plotting of multidimensional spectrum, Quantitative spectral analysis, Teaching Software,

Deconvolution, Automation, Projection, Reconstruction Spectroscopy and other common one such as DOSY, INEPT, 2D HETCOR, 2D COSY, 2D TOCSY, HSQC,

HMQC should be provided.

The software should be compatible with the existing network standards.

The software should provide menu based operational mode with automation to setup and execution of a complete range of NMR experiments.

Should provide all the pulse programs in the executable form for conducting state-of-the art liquid and solid state NMR experiments.

It should be possible to write and compile any new pulse programs &/or modify the

already existing pulse programs.

Trouble shooting diagnostic software for both hardware and software

Software for small molecule structure elucidation and automatic selection, execution of experiments.

NMR Data Bank / Library of general molecules and

Especially of petroleum applications Spectral editing techniques like GASPE, PCSE, DEPT, QUAT, etc. also should be

included.

Should provide Software offline license for at least 10 nos.


The supplier must agree to upgrade all the necessary softwares free of any charge as and when new / upgraded version is launched / released.

J) Accessories Required at the time of installation and commissioning and for routine

operations

Below mentioned accessories are the essentials for running the instrument, thus vendor to provide quotations for the same along with the main offer as individual items.

Air Compressor Unit (Oil Free) and Dryer System

The party to provide a complete system of air compressor with sound proof casing

capable of providing dust free, moisture free and oil free air and low to very low noise level, along with the NMR system.

Make and technical details of all the components should also be provided.

Noise level – vendor to specify the values

The air flow should be sufficient to carry out all liquid and solid state NMR experiments.

In case of solid state NMR the required rotor speed must be achievable with the offered air compressor system.

UPS (Stand alone) of adequate KVA system with all necessary connectors has to be

provided by the vendor along with the NMR system

Liquid nitrogen container and filling accessories

4 nos of 100 Lts Dewars of standard quality with individual trolley for movement.

Pressure gauge and the required tubing with adequate length for liquid nitrogen

transfers

Liquid Helium and nitrogen filling accessories

Helium and nitrogen regulators (up to 150 bar) with high pressure SS/suitable

tubing

Auto Sampler System

Digitally computer controlled Auto Sampler (for at least 24 samples) with related

required accessories like spinner, etc. which can work for the entire requested temperature range.

Digital Oxygen Display Meter

A meter for continuous digital displaying the oxygen content / level inside the room

should be quoted

Humidity and Temperature Display Meter

A meter for continuous displaying of humidity and temperature of the room should

be quoted.

Off line Data Processing PC with software and LAN facility

Reference Standards


K) Consumable & Spares

The vendor must include following consumables along with the machine such as spares, tools kits essential for routine operations 1. 200 numbers of liquid sample tubes with caps suitable for 600 MHz spectrometer (

5 mm tubes 150 Nos) 2. All spinners / rotors should be suitable for the entire temperature range given in

specification and covering VT experiments 3. Zirconia rotors for solid state NMR with caps; 2.5 mm – 05 numbers

L) Optional

1. seworP

a. Polymer Applications-

Suitable 4.0 mm MAS (1H/13C) probe with variable temperature facility and with gradient. – vendor to specify and provide more details

b. Solid State Applications-

2.5 mm broad band probe with variable temperature (-20°C to +80°C) facility

and with gradient

2. Variable temperature experiments;

a. Cooling unit based on compressed air for prolonged variable temperature (40 to -40oC) experiments with necessary accessories including with suitable dryer

system which can attain the required dew point.

3. Radio frequency Section

a. Vendor otsubmit a ditovhaving validity for 2fvtir uo o ur tyyvi uorvoy for one additional RF channel and required accessories as future requirement.

4. 100 Liter Liquid Nitrogen Container

a. Vendor ot submit a quote for liquid nitrogen container of SS or suitable material

having capacity of 100 litres with required accessories like trolley, pressure gauge, transfer lines, etc. so as to store liquid nitrogen.

M) Performance of the Equipment system

1. The vendor must provide the following mentioned set of test spectra recorded using the offered system configuration (magnet, console and probes, etc.) along with

complete details of acquisition and processing parameters. 2. The performance specifications of the offered system as confirming to our

specifications and requirements must be demonstrated in the user’s laboratory during installation and commissioning.

3. Edited 13-C MAS (WIMSE) spectra

4. 2D 13C-MAS exchange spectrum


5. 2D solid HetCor (1H & 13C-1H) spectra

6. 2D multiple quantum (MQ)-MAS spectra of 27Al

7. Full satellite transition (SATRAS) MAS of 27 Al spectrum. 8. Two-pulse small angle phase modulation (TPPM) for CP-MAS decoupling.

9. CP-MAS spectra of Adamantane obtained using Frequency Shifted Lee-Goldberg

(FSLG) decoupling. N) Maintenance

FT-NMR System a. The supplier / vendor must have an established infrastructure and technical

personals in India to support the entire equipment and system for providing after sale services.

b. The supplier must certify and provide the name and expertise of at least one-application scientist and one-maintenance engineer based in India, who are fully capable and responsible for handling the entire offered system from application,

service and maintenance point.

Annual Maintenance Contract (AMC) a. Parties have to quote firm and fixed AMC charges for next three years after the

completion of the two years warranty period along with this offer itself.

b. The same shall form the cost of equipment for evaluation purpose. c. Order for AMC will not be placed initially and BPCL reserves the rights to place the

order for AMC at a later date.

Liquid Helium

a. The supplier must be ready to undertake the complete responsibility of regular and timely supply and refilling of liquid helium in the magnet on chargeable basis, after

the initial installation and successful commissioning of the equipment. The same should be confirmed.

b. The supplier / vendor should also undertake the responsibility to periodically

monitor the level of liquid helium in the offered magnet till first 6 months and ensure for corrective actions accordingly.

O) Manuals

All operational and service manuals should be provided in hard and soft version in triplicate.

P) General Terms & Conditions

1. A documentary evidence (including user’s contact details) of the offered model/system and user list along with contact details to be submitted by the vendor

along with the offer in case required for evaluation.


2. Detailed list of users with installed capacities can also to be provided for reference. 3. Vendor to supply a brand new instrument and other accessories / peripherals

comprising of the entire system.

4. The equipment to be provided with critical spares (Hardware, Software, Electrical, etc.) & consumables for two years of trouble free operations.

5. A list of critical spares and consumables can be attached separately mentioning with the heading as Critical Spares and Consumables for two years

6. The required quantities of liquid helium and liquid nitrogen along with the transfer

accessories at the time of installation and commissioning and for complete successful installation and commissioning are in the scope of the vendor/supplier.

7. The equipment to be configured for power requirements and other conditions as per India.

8. Vendor shall furnish the equipment installation details covering any special

requirements at BPCL’s site within one week after placement of PO. 9. Performance of the equipment (as stated above in detail) must be satisfactorily

demonstrated by the supplier at the user’s insta llation site. 10. Bidder should give point-wise compliance statement mentioning item part nos /

serial no. as quoted in the offer for comprehensive technical comparison.

11. Failing in compliance and proof of compliance will cause cancellation of the bid without any further notice / information.

12. The supplier / vendor must have an established infrastructure and technical

personals in India to provide Installation & Commissioning, training and after sales service of the instrument.

13. The supplier must certify the name and expertise of at least one-application scientist and one-maintenance engineer based in India, who is fully capable of handling the offered system.

14. Vendor should provide support and make all necessary arrangements for analyzing all our samples during the period our system is down, in case.

15. Spares for three years after warranty are also to be quoted as in detail optional. Supplier is responsible for making arrangements of easy availability of Consumable and spares for the equipment for a period of 10 years after the warranty period.

16. In case of situations like take over / mergers / acquisitions, etc. the vendor cannot absolve himself of the responsibility of after sales service.

The acceptance to this clause should be provided during the bid submission itself.

Q) Guaranty / Warranty

1. The party should provide a warranty for a minimum period of 2 years from the date of successful and complete commissioning of the equipment system. The warranty must

cover / include magnet, console, RF section, hardwares / softwares, probes, etc. 2. Preventive maintenance – During warranty period Vendor’s technical representative

will visit the site of installation after every 4 months (6 visits in 2 years) to conduct

preventive inspection, maintenance and calibration of the equipment to the user’s satisfaction.

3. Break Down Maintenance – During warranty period, in case of equipment breakdown, the vendor’s representative has to visit the site of equipment installation within 48 hrs of intimation by the user.


R) Delivery Period

Vendor to specify the delivery period and should strictly adhere to the schedule.

S) Training

1. The vendor to provide training for two/three BPCL scientists at the site of the Principal

Manufacturer/Vendor/Supplier for solid and liquid NMR separately for 2 weeks in the operation and maintenance of the NMR spectrometer in terms of performing all the

state-of-the art experiments in liquid and solid state and best use of all the supplied software.

2. Training for 5 BPCL scientists have to be provided after the commissioning of the FT-

NMR system. The training should cover sample preparation, routine operation and analysis of liquid petroleum samples and solid catalyst samples, data interpretation,

report preparation, trouble shooting, routine maintenance and checks, etc. Technical offer submitted shall not be evaluated in the absence of any of the above

mentioned details.


SPECIAL CONDITIONS OF CONTRACT

GENERAL:

This Special Conditions of Contract (SCC) shall be read in conjunction with the General

Conditions of Contract (GCC), including its amendments, specifications of work, drawings and

any other document forming part of this contract wherever the context so requires.

BIDDER / CONTRACTOR shall adhere to all the instructions cove red under GCC & SCC

including all design standards, as stipulated in the respective sections and should be in a

position to submit the required records as evidence for review of OWNER as and when

required and shall carry out changes based on PMC / OWNER review.

Not withstanding the sub-division of the document into separate sections and volumes

wherever done, every part of each shall be deemed to be supplementary of every other part

and shall be read with and as part of the contract so far as it may be practicable to do so.

Where any portions of the GCC are repugnant to or at variance with any provisions of the

special conditions of contract, then, unless different intentions appear, the provisions of the

special conditions of contract shall be deemed to override the provisions of the GCC shall to

the extent of such repugnancy, or variations prevail.

The materials, design and workmanship shall satisfy the applicable relevant Indian Standards,

the job specifications contained herein and codes referred. Where the job specifications

stipulate requirements in addition to those contained in the standard codes and specifications,

these additional requirements shall also be satisfied. In the absence of any Standard /

Specifications / Codes of practice for detailed specifications covering any part of the work

covered in this bidding document, the instructions / directions of BPCL will be binding upon

the Contractor.

A) SCOPE OF WORK

The scope of work includes design, fabrication, supply, installation, testing, commissioning,

demonstration, FAT, SAT and training.

B) OEM RESPONSIBILITY

The original equipment manufacturer (OEM) should confirm in writing that the spares for the

quoted model will be available for a period of ten years after the model is discontinued by the

parent company.

In case the OEM is bidding through an Indian agent, the OEM should give a written

undertaking that they will be responsible for providing the warranty and annual maintenance as

per the clauses above, even if there is a change in the Indian agency of the manufacturer.

The undertaking from OEM should also include that, if in future, OEM does not have any

Indian agency, the Service will be provided directly by the service engineer of the OEM.


C) SPARE PARTS AND CONSUMABLES

Spare parts and consumables: Vendor to quote rates (individually) for complete mandatory and

consumable spares for two years of trouble free operation and maintenance of the equipment

(During the warrantee period) and confirm that the quoted mandatory and consumable spare

shall only be required for 2 year trouble free operation. Mandatory / consumable spares if any

required for trouble free operation over and above the list provided by the vendor shall be

provided by them free of cost to BPCL.

Warranty: 2 years after commissioning at site for all parts of the unit as well as for

performance as per the designed conditions In case of breakdown during the warranty period,

a competent service engineer of the supplier should make as many visits as are necessary to

rectify the instrument at no extra cost to BPCL.

The supplier should provide any spares required (Not covered in 2 year spares) for making the

instrument operational during warranty free of charge to BPCL.

D) OFFER

In case Indian agent/authorized representative quoting the offer on behalf of foreign

principal vendor, price quote should be in foreign currency and order would be placed on

principal vendor. Indian agent can submit the offer online with due authorization from their

principal vendor. Indian agent can have separate digital certificate for participating in the

tender. Either principal or Indian agent can submit the offer

If principal vendor submits the offer then the Indian agents offer will not be considered.

Order may be placed on the principal vendor as per the offer.

Bidders are requested to quote for the following;

a. Supply of one number of 600 MHz FT-NMR Spectrometer along with spares /

accessories / consumables including Liquid Helium and Liquid Nitrogen, as per

the technical specifications for successful commissioning of the equipment.

b. Mandatory Spares / Accessories / Consumables including Liquid Helium and

Liquid Nitrogen for 2 years of trouble free operation.

c. Installation and Commissioning charges including Training charges

d. AMC for 3 years after the completion of warranty period of 2 years.

e. Spares List and Cost – Optional.

Kindly note that except for item e – Spares List and Cost -Optional , all other items

(item a to d) will be considered for evaluation purpose.

E. 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 (including all supplies

and services), all duties, taxes, transportation.

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.

1.2 Where only Foreign Bids are under comparison

Bids shall be evaluated on CFR basis considering sea/air 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.

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 working day of opening of the price bids.

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 (including all supplies

and services), all duties, taxes, transportation.

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 all supplies and

services) including third party inspection by agencies as mentioned in GPC, all duties,

taxes and transportation charges as under

1.4 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.

F) COMMERCIAL LOADING OF OFFERS IN CASE OF DEVIATIONS

1.1 Basis of Loading


The Foreign Bids on supplies shall be loaded on FOB/FCA Port of Exit prices and the

Indian Bids shall be loaded on FOT Dispatch Point prices. For services loading shall be

on the basic prices without taxes and duties.

1.2 Payment Terms

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

differential period for the applicable amount.

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

evaluation.

1.2.1 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.

1.2.2 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 as specified in the SCC. 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 + 6

months claim period = Total 24 months):

For differential period:

Period offered by Bidder Loading

10% for 24 months - No loading

10% for 18 months - 10% x 6/24 = 2.5%

10% for 12 months - 10% x 12/24 = 5.0%

10% for 6 months - 10% x 18/24 = 7.50%

For differential Amount:

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

1.4 Penalty for 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 SCC,

the offer of such supplier(s) shall be loaded by 5%. The Foreign Bids on supplies shall

be loaded on FOB/FCA Port of Exit prices and the Indian Bids shall be loaded on FOT


Dispatch Point prices. For services, loading shall be on the basic prices without taxes

and duties

1.5 Price variation:

1.5.1 Bidders must quote firm & fixed prices.

1.6 Indian Freight charges:

1.6.1 Indian bidders 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 bidder 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 bidder 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.

**************


SECTION- 7

TECHNICAL DEVIATION FORM


TECHNICAL DEVIATION FORM

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. 6. BPCL reserves the right to reject the offer based on the deviations.

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 :


SECTION – 8

SPECIAL PURCHASE CONDITIONS FOR

INDIAN BIDDERS And NON-INDIAN BIDDERS


SPECIAL PURCHASE CONDITIONS FOR INDIAN BIDDERS S NO INSTRUCTIONS VENDOR'S ACTION RESPONSE

1.1 Indicate Despatch point.

TO SPECIFY

1.2 PRICES

1.2.1 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

1.2.2 Please confirm that the prices quoted in the price bid are inclusive of packing and forwarding charges

TO NOTE AND CONFIRM

1.2.3 Prices quoted shall exclude transit insurance charges as the same shall be arranged by BPCL.

TO NOTE AND CONFIRM

1.3 TAXES & DUTIES 1.3.1 DUTY EXEMPTION ;

EXEMPTION OF CUSTOMS DUTY IS AVAILABLE FOR CORPORATE RESEARCH &

DEVELOPMENT CENTRE (CRDC). CRDC IS REGISTERED WITH DEPARTMENT

OF SCIENTIFIC AND INDUSTRIAL RESEARCH (DSIR), MINISTRY OF SCIENCE AND TECHNOLOGY, GOVERNMENT OF INDIA FOR

PURPOSE OF AVAILING CUSTOM DUTY EXEMPTION IN TERM OF GOVERNMENT NOTIFICATION NO. 24/2007-CUSTOMS

DATED 01.03.2007, AS AMENDED FROM TIME TO TIME.

VENDORS ARE REQUESTED TO SUBMIT THE QUOTATION ACCORDINGLY

TO NOTE,CONFIRM &

SPECIFY

1.3.2 Indicate the HSN of the offered Item/s

TO SPECIFY

1.4 TRANSPORTATION 1.4.1 The scope of the vendor includes transportation

of all the supplied items to BPCL, CRDC, Greater

NOIDA on Door Delivery basis by Road.

TO NOTE AND CONFIRM

1.4.2 C Form shall not be issued by BPCL. Bidder to

confirm that they have indicated the sales tax if applicable) in percentage without C Form in the format for providing freight, taxes and duties

TO NOTE AND

CONFIRM

1.5 DELIVERY PERIOD

1.5.1 All the supplies as per the tender shall be delivered at site within _________ from the date of FOA/CONTRACT ORDER. The receipt of the

equipment at site shall be considered as Delivery date for calculation of Price reduction for delay.

KINDLY SPECIFY DELIVERY PERIOD


1.5.2 Inspection certificate: Internal Test Certificate, Quality assurance certificate, Conformity certificate and Country of Origin Certificate for

the equipment are to be submitted with Invoice during supply.

TO NOTE AND CONFIRM

1.5.3 Installation & Commissioning: Vendor should

provide the pre-installation requirements (if any) to BPCL before the delivery of the equipment. Vendor should supply all the necessary

accessories/ spares and consumables (required to install and commission) so that the equipment is received under ready to commission state.

Vendor should install and commission the equipment at BPCL site. Vendor should install and commission the equipment within 3 weeks of

its delivery and necessary training should be imparted for operation, maintenance of the same. In case there is any extra charges applicable

towards installation and commissioning it should be quoted separately .

TO NOTE AND

CONFIRM

1.5.4 Owner reserves the right for rejecting the offer/offers not meeting the above delivery period.

TO NOTE AND CONFIRM

1.5.4 In case vendor is ready to provide the items

earlier than the above desired period, vendor to indicate the earliest delivery period

TO NOTE AND

PROVIDE

1.6 VALIDITY 1.6.1 Confirm quoted prices are valid for acceptance

up to 120 days from the final due date / extended due date of RFQ.

TO NOTE AND CONFIRM

1.6.2 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

1.6.3 BPCL reserves the right to order the 2 year

mandatory/ consumable spares within a period of 24 months from the date of order for original equipment. Hence vendor to confirm validity of

the mandatory/consumable spares prices shall be for a minimum period of 24 months from the date of ordering of the instrument.

TO NOTE AND

CONFIRM

1.7 PERFORMANCE BANK GUARANTEE

1.7.1 Confirm that you will furnish performance guarantee bond for 10% of supply 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.

TO NOTE AND CONFIRM


1.7.2 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

1.7.3 In case submission of PBG is not accepted by

the vendor, their offer will be liable for rejection.

TO NOTE AND

CONFIRM

1.8 PART ORDER 1.8.1 Part order shall be accepted without any

stipulation of minimum order value/ quantity. (However individual quantities will not be split)

TO NOTE AND CONFIRM

1.8.2 In case of part order all lumpsum charges quoted

extra if any viz. Documentation, testing, packing, other charges etc., can be considered on prorata value basis. Confirm compliance.

TO NOTE AND

CONFIRM

1.8.3 Repeat Order- Vendor to confirm acceptance of repeat order within 12 months from the date of

basic P.O

TO NOTE AND CONFIRM

1.9 PRICE REDUCTION SCHEDULE

1.9.1 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

1.9.2 In case this point is not accepted by the vendor,

loading shall be done as per Clause 1.12.1 TO NOTE AND CONFIRM

1.10 PAYMENT TERMS-LOCAL SUPPLY 1.10.1 Payment will be made through NEFT, on

submission of Invoice, Packing list and LR i) 80% of the value of equipment against Receipt of Material at BPCL Site within 15 days.

ii) Balance 20% of the value of equipment against satisfactory installation and commissioning of the equipment and on

submission of 10% Performance Bank guarantee (PBG).

TO NOTE AND

CONFIRM

1.10.2 Bank charges shall be to respective Accounts TO NOTE AND

CONFIRM

1.10.3 FOR INSTALLATION : 100% payment will be made after successful installation and commissioning of the equipment at site and

acceptance by BPCL Engineer-in-charge.

TO NOTE AND CONFIRM

1.10.4 For Annual Maintenance Contract (AMC)- Payment for AMC for an year will be in two

installments based on certi fication from the Engineer-In-Charge.

TO NOTE AND CONFIRM


1.10.5 FOR INSTALLATION AND AMC CHARGES, TDS will be applicable. TAX DEDUCTION AT SOURCE (TDS): Tax

Deduction at Source (TDS) at the applicable rates will be deducted from the running bills. Necessary certi ficates in this regard will be

issued from BPCL

TO NOTE AND CONFIRM

1.11 EVALUATION CRITERIA

1.15.1 Quoted prices in foreign currency shall be considered for evaluation. Exchange rate as per

SBI TT Selling rate on the previous working day 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

1.15.2 Price evaluation will be done overall landed cost basis as per the special conditions of the contract provided

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) :

1.12.2 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

1.12.3 Price evaluation will be done overall landed cost

basis as per the special conditions of the contract provided

TO NOTE AND

CONFIRM

1.13 GENERAL

1.13.1 Confirm acceptance of BPCL’s `General Purchase Conditions’, holiday listing policy & 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/holiday listed by any Government or Quasi Government agencies or PSUs. If you have been banned, then this fact must be clearly

stated. The declaration of holiday listing is to be signed and submitted along with Pre-qualification Bid

(PQ Bid).

TO NOTE AND

CONFIRM

TO CONFIRM SUBMISSION


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 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

TO SPECIFY

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


SPECIAL PURCHASE CONDITIONS FOR NON INDIAN BIDDERS SNO INSTRUCTIONS VENDOR'S ACTION RESPONSE

1.0 Confirm that you have quoted firm prices on Ex works basis in the price bid for imported

supplies.

TO CONFIRM

1.1 All FCA Charges/ Inland transportation to FCA International Airport of Exit shall be quoted as percentage of the Ex works price in the format

for Taxes,duties and freight – Non-Indian Bidders

TO CONFIRM

1.2 Indicate International Airport of Exit TO SPECIFY 1.3 Confirm that the firm air freight charges

(including all service charges) has been quoted

as percentage of the Ex works price for Air transportation to Mumbai/Delhi airport in the format for Taxes, duties and freight - Imported

supply and this freight charges shall remain firm throughout the currency of the contract.

TO NOTE AND CONFIRM

1.4 BPCL reserves the option to place order on FCA

or on CFR basis during the currency of the contract. Confirm acceptance.

TO NOTE AND

CONFIRM

1.5 Service charges to shipping/forwarding

agencies shall be borne by the vendor if order is converted on CFR basis.

TO NOTE AND

CONFIRM

1.6 Prices quoted must exclude transit insurance charges from FCA airport as the same shall be

arranged by the Purchaser. However, transit insurance charges for inland transit up to FCA airport 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 FCA airport 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

1.6.3

DUTY EXEMPTION ; EXEMPTION OF CUSTOMS DUTY IS

AVAILABLE FOR CORPORATE RESEARCH & DEVELOPMENT CENTRE (CRDC).

TO NOTE


CRDC IS REGISTERED WITH DEPARTMENT OF SCIENTIFIC AND INDUSTRIAL RESEARCH (DSIR), MINISTRY OF SCIENCE

AND TECHNOLOGY, GOVERNMENT OF INDIA FOR PURPOSE OF AVAILING CUSTOM DUTY EXEMPTION IN TERM OF

GOVERNMENT NOTIFICATION NO. 24/2007-CUSTOMS DATED 01.03.2007, AS AMENDED FROM TIME TO TIME.

VENDORS ARE REQUESTED TO SUBMIT THE QUOTATION ACCORDINGLY

1.7 DELIVERY PERIOD 1.7.1 In case of order on FCA Basis, the FCA delivery

period for all imported supplies shall be within

__________ from the date of FOA /LOA/ Contract Order.


1.7.2 In case the order is converted to CFR basis, delivery period for supplies at Mumbai/Delhi

airport for all imported supplies shall be within _________ from the date of FOA / Contract Order. The receipt of the supplies at Mumbai/

Delhi airport shall be considered as Delivery date for calculation of Price reduction for delay.


1.7.3 Inspection certificate: Internal Test Certificate, Quality assurance certificate, Conformity certificate and Country of Origin Certificate for

the equipment are to be submitted with Invoice during supply.

TO NOTE AND CONFIRM

1.7.4 Installation & Commissioning: Vendor should provide the pre-installation requirements (if any) to BPCL before the delivery of the equipment.

Vendor should supply all the necessary accessories/ spares and consumables (required to install and commission) so that the equipment

is received under ready to commission state. Vendor should install and commission the equipment at BPCL site. Vendor should install

and commission the equipment within 3 weeks of its delivery and necessary training should be imparted for operation, maintenance of the same. In case there is any extra charges

applicable towards installation and commissioning it should be quoted separately .

TO NOTE AND CONFIRM

1.7.4 Owner reserves the right for rejecting the

offer/offers not meeting the above delivery period

TO NOTE AND

CONFIRM

1.7.5 In case vendor is ready to provide the items earlier than the above desired period, vendor to

indicate the earliest delivery period

TO NOTE AND PROVIDE


1.7.6 Furnish Country of origin from where the goods have been offered.

TO SPECIFY

1.7.7 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 The offer for imported supplies shall be 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

1.9.3 BPCL reserves the right to order the 2 year mandatory/ consumable spares within a period

of 24 months from the date of order for original equipment. Hence vendor to confirm validity of the mandatory/consumable spares prices shall

be for a minimum period of 24 months from the date of ordering of the instrument.

TO NOTE AND CONFIRM

1.10 CONSIGNMENT DETAILS

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

TO SPECIFY

1.10.2 Vendor to provide HSN 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.

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

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, FCA charges etc., can be considered on prorata value basis.

Confirm compliance.

TO NOTE AND

CONFIRM

1.12.3 Repeat Order- Vendor to confirm acceptance of repeat order within 12 months from the date of

basic P.O

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 1.16.1 TO NOTE AND CONFIRM

1.14 PAYMENT TERMS 1.14.1 For Supply-Terms of payment: Payment will be

made on submission of non negotiable documents (Invoice, Packing list and Airway Bill ) directly to BPCL OR payment by CAD (Cash

against Documents) OR Payment by Letter of Credit. However payment will be made in two parts as below: i) 80% of the value of equipment

against shipping documents. ii) Balance 20% of the value of equipment by TT against satisfactory installation and commissioning of

the equipment and on submission of 10% value of PBG.

TO NOTE AND

CONFIRM. VENDORS TO CONFIRM WHETHER THEY

CONFIRM LC OR CAD.

1.14.2 BPCL will not establish LC for value below USD 5,000.00. Preferred payment terms are CAD/TT.

However in case of payment by LC, all foreign banker charges will be to the account of beneficiary only.

TO NOTE AND CONFIRM. VENDORS

TO CONFIRM WHETHER THEY CONFIRM LC OR CAD.


1.14.3 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 inserted in L/C

TO NOTE AND CONFIRM

1.14.4 Bidder to provide the bank details, Swift code

etc for the above purposes along with the unpriced part of the bid.

TO SPECIFY

1.14.5 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

1.14.6 Confirm all taxes, duties and levies of any kind

payable up to port of shipment shall be borne by supplier

TO NOTE AND CONFIRM

1.14.7 TAXES, DUTIES AND LEVIES IN FOREIGN

COUNTRIES-The BIDDER / CONTRACTOR shall accept full and exclusive liability at his own cost for the payment of any and all taxes, duties,

cesses and levies howsoever designated, as are payable to any government, local or statutory authority in any country other than

India as are now in force or as are hereafter imposed, increased or modified and as are payable by BIDDER / CONTRACTOR, his

agents, Sub-Contractors and its/ their respective employees for or in relation to the performance of this Contract. The BIDDER / CONTRACTOR

shall be deemed to have been fully informed with respect to all such liabilities and considered and included the same in its bid and the

Contract Price shall not be varied in any way on this account

TO NOTE AND

CONFIRM

1.14.8 Bidder to confirm that bank charges at

respective ends shall be respective accounts.

However LC amendment charges due to reasons attributable to bidder shall be borne by the bidder.

TO NOTE AND CONFIRM

1.14.9 In case vendor insists for Confirmed LC,

confirmation charges are to be borne by the vendor.

TO NOTE AND CONFIRM

1.14.10 FOR INSTALLATION : 100% payment will be

made after successful installation and commissioning of the equipment at site and acceptance by BPCL Engineer-in-charge.

TO NOTE AND

CONFIRM

1.14.11 For Annual Maintenance Contract (AMC)- Payment for AMC for an year will be in two installments based on certi fication from the

Engineer-In-Charge.

TO NOTE AND CONFIRM


1.14.12 FOR INSTALLATION AND AMC CHARGES, TDS will be applicable. TAX DEDUCTION AT SOURCE (TDS): Tax

Deduction at Source (TDS) at the applicable rates will be deducted from the running bills. Necessary certi ficates in this regard will be

issued from BPCL

1.15 EVALUATION CRITERIA

1.15.1 Quoted prices in foreign currency shall be

considered for evaluation. Exchange rate as per SBI TT Selling rate on the previous working day 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

1.15.2 Price evaluation will be done overall landed cost basis as per the special conditions of the

contract provided

TO NOTE AND CONFIRM

1.16 LOADING CRITERIA FOR COMMERCIAL DEVIATION

Deviation on Price Reduction for Delayed Deliveries (Considering GPC clause of 0.5% per week of delay- max 5% total order value)

:

1.16.1 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

1.17.1 Confirm acceptance of BPCL’s `General Purchase Conditions’, holiday listing policy & Special Terms and Conditions in toto.

TO NOTE AND CONFIRM

1.17.2 Indicate relationship with any of our Directors. TO SPECIFY

1.17.3 Please confirm you have not been banned or

delisted/holiday listed by any Government or

Quasi Government agencies or PSUs. If you have been banned, then this fact must be clearly stated.

The declaration of holiday listing is to be signed and submitted along with unpriced bid

TO NOTE AND CONFIRM

TO CONFIRM

SUBMISSION

1.18 INDIAN AGENT

1.18.1 Confirm if Indian agent is involved. Please specify the name and details of the Indian

agent.

TO NOTE,CONFIRM & SPECIFY

1.18.2 Confirm whether any commission is payable by

BPCL to Indian agent. TO NOTE AND CONFIRM


1.18.3 Confirm whether your quoted price is inclusive of commission.

TO NOTE AND CONFIRM

1.18.4 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

1.18.5 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

1.18.6 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


SECTION 9

FORMAT FOR TAXES AND DUTIES


FORMAT FOR PROVIDING FREIGHT TAXES, DUTIES ETC FOR LOCAL SUPPLY (INDIAN BIDDERS)

Vendor shall provide % rates against each item in response column. If any of the conditions are not

applicable vendor to specify Nil/NA

S No

Commercial conditions description Vendor's Action Vendor's response

Procurement of 600 MHz FT-NMR at CRDC, Greater NOIDA as per Detailed Technical

Specification

Freight (as a percentage of Basic Price)

Vendor to specify

SGST in %

Vendor to specify

CGST in %

Vendor to specify

IGST in %

Vendor to specify

UTGST in %

Vendor to specify

Invoicing / Billing Location (State)

Vendor to specify

SAC Code

Vendor to specify


FORMAT FOR PROVIDING FREIGHT TAXES, DUTIES ETC FOR IMPORT SUPPLY (NON-INDIAN BIDDERS)

Vendor shall provide % rates against each item in response column. If any of the conditions are not applicable vendor to specify Nil/NA

S No



Specification

FCA Charges (% on Ex-Works

price)

Vendor to specify

Air Freight Charges (% on Ex-Works price) (Please indicate the airport of

discharge-Mumbai or Delhi)

Vendor to specify

Port handling charges (%) Shall be suitably loaded as per Guidelines

Custom clearance charges (%) Shall be suitably loaded as per Guidelines

Inland transportation to site (%) Shall be suitably loaded as per Guidelines

Any other charges/Taxes/Customs duties / GST (%)

Shall be suitably loaded as per Guidelines


FORMAT FOR PROVIDING FREIGHT TAXES, DUTIES ETC FOR AMC (ANNUAL MAINTENANCE CHARGES)

Vendor shall provide % rates against each item in response column. If any of the conditions are not


S No



Specification

GST (%) as a percentage, applicable on quoted AMC

charges

Vendor to specify

Note :

1. Indian bidders are required to indicate GST (in percentage) which will be applicable

on AMC charges. 2. Non-Indian bidders : GST is payable by BPCL directly to the tax authorities. 3. TDS (Tax Deducted at Source) :

a. Indian Bidders : TDS shall be deducted from the invoice value by BPCL and necessary certificate shall be issued by BPCL.

b. Non-Indian Bidders : Witholding tax shall be deducted from the invoice value by BPCL and necessary certificate shall be issued by BPCL.


FORMAT FOR PROVIDING FREIGHT TAXES, DUTIES ETC FOR INSTALLATION & COMMISSIONING CHARGES incl TRAINING

CHARGES Vendor shall provide % rates against each item in response column. If any of the conditions are not


S No



Specification

GST (%) as a percentage,

applicable on quoted Installation and Commissioning charges

Vendor to specify

Note :

1. Indian bidders are required to indicate Service tax (in percentage) which will be applicable on Installation and Commissioning charges.

2. Non-Indian bidders : GST is payable by BPCL directly to the tax authorities. 3. TDS (Tax Deducted at Source) :

a. Indian Bidders : TDS shall be deducted from the invoice value by BPCL and

necessary certificate shall be issued by BPCL. b. Non-Indian Bidders : Witholding tax shall be deducted from the invoice

value by BPCL and necessary certificate shall be issued by BPCL.


SECTION – 10

GENERAL PURCHASE CONDITIONS (ATTACHED)


SECTION 11

COMMERCIAL DEVIATION FORM


COMMERCIAL DEVIATION FORM

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 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.

6. BPCL reserves the right to reject the offer based on the deviations.

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 :


SECTION 12

E-BIDDING INSTRUCTIONS


INSTRUCTIONS TO BIDDERS ON E-TENDERING

1.0 GUIDELINE FOR E-PROCUREMENT SYSTEM :

Bharat Petroleum Corporation Ltd. has gone for online submission of bid through e-

procurement system on https://bpcleproc.in. Bidders are advised to read the Instructions fo r participating in the electronic tenders directly through internet (Bid Submission Manuals

are available on the above mentioned e-procurement site).

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

Digital Signature Certificate of Class 3 (Signing and Encryption) and above as per Indian IT Act from the licensed Certifying Authorities operating under the Root Certifying

Authority of India (RCIA), Controller of Certifying Authorities (CCA). The cost of obtaining the digital certificate shall be borne by the tenderer. In case any tenderer so desires, he may contact our e-procurement service provider M/s. E-procurement

Technologies Ltd, Ahmedabad (Contact no. 079-40016868) for obtaining the digital signature certificate. Please note that generally, it takes 5 working days for obtaining a digital certificate after the submission of all required documents / fees. Non availability of

Digital Certificate shall be considered as the vendor’s regre t.

To participate on tenders hosted by BPCL on e-procurement site, bidders are required to have a digital certificate and do “Enrollment” (Register on site) by creating one User Id on the above site.

Bidders shall make their own arrangement for e-bidding. The Un-priced Technical Bids

along with all the copies of documents should be submitted in e- form only through BPCL e-Procurement system. Before the bid is uploaded, the bid comprising of all attached documents should be digitally signed using digital signatures issued by an acceptable

Certifying Authority (CA) in accordance with the Indian IT Act 2000. If any modifications are required to be made to a document after attaching digital signatures, the digital

signature shall again be attached to the modified documents before uploading the same.

Late and delayed Bids / Offers after due date / time shall not be permitted in E-procurement

system. However if bidder intends to change the bid already entered may change / revise the same on or before the last date and time of submission deadline. No bid can be

submitted after the last date and time of submission has reached. The system time (IST) that will be displayed on e-Procurement web page shall be the time and no other time shall be taken into cognizance. Bidders are advised in their own interest to ensure that bids are

uploaded in e-Procurement system well before the closing date and time of bid. No bid can be modified after the dead line for submission of bids.

BPCL shall not be responsible in any way for failure on the part of the bidder to follow the instructions. Further BPCL in any case will not be responsible for inability of the bidder in

participating in the event due to ignorance, failure in Internet connectivity or any other reason. It is advised that the bidder uploads small sized documents preferably (up to 5 MB)

at a time to facilitate in easy uploading into e-Procurement site. BPCL does not take any


responsibility in case of failure of the bidder to upload the documents within specified time of tender submission.

Bidders are required to Login with their User ID & Password (along with Digital Certificate) on e-tendering site (https://bpcleproc.in), then click on “Dashboard”, click on

“Action” button against required Tender, If the required tender number/ details are not available in the first displayed page, then they can click on “more” button, for proceeding to next page(s). They will get “Download files” as well as “Tender Common Forms” on the

same page. For participating in tender and for download Tender Documents, click on “Participate”. In the same menu, one can upload the scanned, signed stamped documents in

“Edit Bid Common Forms”. For downloading Java, please click on “Download JRE 6” on login page or more details

about Bidding steps. Also, “New User Instruction Manual” from log in page can be referred.

Bidders are required to save / store their bid documents for each item into their computers before submitting their bid into e-tender.

2.0 CONTACT PERSONS:-

FOR E-TENDERING RELATED ISSUES:

If tenderers need some clarifications or are experiencing difficulties while enrolling or while participating in this e-Tender, please E-Mail to the following E-Mail ID along with the snapshots of the errors being faced to:

Email - [email protected]

(OR) Contact the following helpdesk numbers: All India +91 79 40270573.

https://bpcleproc.in/



INSTRUCTION TO BIDDERS FOR REVERS E AUCTION

The techno-commercially acceptable bidders will be required to submit their Price, directly in an online Electronic Reverse Auction, to be conducted through online bidding portal by M/s. E-procurement Technologies Ltd, on behalf of BPCL.

M/s. E-procurement Technologies Ltd shall arrange for a live demonstration/ trai ning of the techno-commercially nominated persons of acceptable bidders, without any cost to the bidder. They shall

also explain the bidder, all the Rules related to the Electronic Reverse Auction/ Business Rules Document to be adopted along with bid manual. It is mandatory for the bidders to submit their written compliance/ confirmation of having read and

understood all the procedures of Electronic Reverse Auction, before start of the on line Reverse Auction process.The offer of bidders not agreeing for participation in the reverse auction process shall be considered as technically invalid and shall be rejected.

During the Electronic Reverse Auction, the bidders shall be quoting from their own offices/ place of their choice. Internet connectivity shall have to be ensured by each bidder at their own cost

Reverse Auction shall be visible to bidders / BPCL only with user log in and password. Identity of bidders never gets disclosed during/post reverse auction process. Bidders viewing the portal can

see only their bid and the prevailing lowest bid. Bidder can reduce his bid repeatedly during the auction period.

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 condition.


SECTION-13

FORMAT FOR BIDDER’S INFORMATION


FORMAT FOR BIDDER’S INFORMATION

1 Name of Bidder

2 Address for Communication

3 General contact details viz. e mail address, telephone no., and fax no.

Type of Organisation: Government Dept. / Public Sector Undertaking / Public Limited Company / Private Limited Company / Partnership / Propreitorship / Others (Pl. specify)

Location of Registered Office , in the case of Company

Place and Year of the Incorporation

4 Whether bidder is a manufacturer OR authorized dealer

5 If manufacturer, please attach certificate of registration

6 If authorized dealer, please attach Manufacturer’s Authorization Form (MAF)

7 Bidder Status : Indian or Foreign

8 Indian Income Tax PAN Number: (Note : In case where Indian Income Tax Deduction at Source is applicable, non-availability of PAN Number will entail a higher deduction)

9 In case of Foreign, whether the bidder is having any Permanent Establishment in India, through which business transactions in India are carried out.

In case of Foreign ,TAX RESIDENCY CERTIFICATE

In case of Foreign, kindly submit Form 10F duly signed and stamped

10 IN CASE BIDDER IS A MANUFACTURER FOR ITEMS

UNDER REFERENCE:

10.1 Address of Factory:


10.2 GST Registration Number(For Indian bidders)

11 IN CASE BIDDER IS A DEALER / TRADER / SERVICE

PROVIDER FOR ITEMS UNDER REFERENCE:

11.1 Central Excise Registration Number, if any(for issuing Cenvatable invoice under Cenvat Credit Rules) (For Indian Bidders)

11.2 Service Tax Registration Number, if any (For Indian Bidders)

11.3 Sales Tax / VAT / CST Registration Number (For Indian Bidders)

12 CONTACT PERSON’S DETAILS: 12.1 Name and address of the person who is

authorized to participate in the tender.

12.2 E-mail id

12.3 Telephone No.- Landline

12.4 Mobile Number.

12.5 Fax number

13 Average Annual Turnover of the business

14 Whether the bidder falls under the category of Micro & Small Enterprises (MSE) as per the MSME Policy of Govt. of India. If YES, whether proof for the same enclosed with the bid?


SECTION 14

ANTI-PROFITEERING DECLARATION

(APPLICABLE FOR INDIAN BIDDER)


ANTI PROFITTERING DECLARATION

To whomsoever it may concern

I, Mr. __________, proprietor of M/s XYZ (similar salutations for other authorized signatories) hereby

solemnly and sincerely declare, that I have abided with all the laws and rules, as applicable on

me/my firm/my company from time to time, in my dealing with M/s Bharat Petroleum

Corporation Limited (‘BPCL’), including but not limited to Section 171 of the Central Goods and

Services Tax Act, 2017.

In furtherance and compliance of the said section, I declare, that I have made commensurate

reduction in the prices of the goods and/or services as provided by me/my firm/my company to

BPCL on account of any input tax credits availed by me/my firm/my company as a registered

taxable person or the reduction in the price on account of any reduction in the tax rate, as

applicable, from time to time.

I declare that the foregoing is true and correct and the same is a legal obligation and failure to

fulfill it could result in penalties under state law.


SCETION – 15

POLICY OF HOLIDAY LISTING FOR VENDORS IN BPCL (ATTACHED)

CPO REFINERIES - Bharat Petroleum€¦ · CPO REFINERIES TENDER FOR “ ... The Company’s...

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