E-TENDER FOR SUPPLY OF 280 LAKHS DELRIN CAPS TO VARIOUS ... Documents for Delrin... · e-tender for...

BHARAT PETROLEUM CORPORATION LIMITED A INSTALLATION, SEWREE FORT ROAD,

SEWREE (E), MUMBAI - 400 015

E-TENDER FOR SUPPLY OF 280 LAKHS DELRIN CAPS TO VARIOUS LOCATIONS

TENDER No.: CRFQ 1000263391 DATED 23.08.2016

BID START DATE : 29.08.2016 AT 14:00 HRS DUE ON: 13.09.2016 AT 1400 HRS

Signature: Seal :

Page 2 of 4

CRFQ : 1000263391 26.08.2016 M/s. Dear Sir/Madam, SUBJECT: INVITATION OF E-TENDER IN TWO PART BID FOR SUPPLY OF ABOUT 280 LAKH NOS. DELRIN SAFETY CAPS (TENDER NO. CRFQ: 1000263391 DUE ON 13.09.2016 AT 1400 HRS.)

You are invited to submit your offer in two parts bid (Technical bid and on line price bid) for supply of about 280 lakh nos. Delrin Safety Caps as per the drawing enclosed herewith. Please find enclosed the following set of annexures:

2.1 Annexure I - Instructions to Tenderer 2.2 Annexure II - Technical Specifications of Delrin Safety Caps 2.3 Annexure III - Terms & conditions of agreement 2.4 Annexure IV - Particulars of tenderer 2.5 Annexure V - Declaration forms 2.6 Annexure VI - E-Tender Process for price bid 2.7 Annexure VII - Integrity Pact

All the annexures along with this letter form the tender document.

3. Tender documents complete in all respects should be uploaded online along with details of EMD / NSIC / MSME registration.

4. EMD, if applicable, should reach the office of CLEM at the above address

before the due date and time as mentioned above. 5. BPCL will not be responsible for non-receipt of EMD due to postal delay/loss

in transit etc. 6. Kindly ensure to sign the declaration (draft given below) on your letterhead

and upload it along with the Technical Bid, as bids are liable to be rejected if such declaration is not uploaded.

Signature: Seal :

Page 3 of 4

DECLARATION ON LETTERHEAD We solemnly affirm as under: a) This Tender Document Set was downloaded by us from your website and is being

used for submitting our technical bid. b) The downloaded file was printed and is being submitted without any alterations,

deletions, additions or changes. c) We further affirm that all Terms and Conditions of the tender are acceptable to us

and we hereby accept and agree to abide by all the Terms and Conditions contained in the tender document.

d) We understand that in case it is found subsequently that the downloaded tender

document set was altered or tampered with, in any manner, then our bid is liable to be rejected or in case a purchase order is placed on us basis such tampered document, then the order is liable to be cancelled without any further reference to us.

Signature : Seal :

7. The tender document is not transferable. 8. Integrity Pact -

a. Proforma of Integrity Pact shall be returned by bidder/s along with the bid documents, duly signed by the same signatory who is authorized to sign the bid documents, stamped and witnessed. All the pages of the Integrity Pact shall be duly signed. Bidders failure to return the IP duly signed along with the bid documents shall result in the bid not being considered for further evaluation.

b. If the bidders has been disqualified from the tender process prior to the award of the contract in accordance with the provisions of the Integrity Pact, BPCL shall entitled to demand and recover from Bidder Price reduction amount by forfeiting the EMD/Performance Guarantee as per provisions of the Integrity Pact.

c. If the contract has been terminated according to the provisions of the Integrity Pact, or if BPCL is entitled to terminate the contract according to the provisions of the Integrity pact, BPCL shall be entitled to demand and

Signature: Seal :

Page 4 of 4

recover from contractor Price reduction amount by forfeiting the Performance Guarantee amount as per provisions of the Integrity Pact.

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

e. The name, address and contact numbers of the nominated

Independent External Monitor are as follows:

Shri Brahm Dutt A-1/8 Safdarjung Enclave, New Delhi - 110 029.

Email : [email protected] Mobile : 09871920282

9. Quotation submitted after the due date and time of closing of tender or not in the prescribed format is liable to be rejected. BPCL does not take any responsibility for documents received late due to postal delay or vendors inability to upload the tender / price bid online in time, and no claims on this account shall be entertained.

Thanking you, Yours faithfully, For Bharat Petroleum Corporation Ltd. Head, LPG Equipment & Procurement Encl : As Above

TENDER NO: CRFQ : 1000263391 ANNEXURE I INSTRUCTIONS TO TENDERER

Signature : Seal :

Page 1 of 10

INSTRUCTIONS TO TENDERER 1. Competitive offers are invited from the manufacturers of Delrin Safety Caps for

the sale and delivery of 280 Lakhs nos Delrin Safety Caps on the terms and conditions contained herein.

2. The tender is for a period of 8 Months from the date of placement of order, and

may be extended for a period up to 3 months at the sole discretion of BPCL. The price at which the order shall be placed on the successful tenderers shall be determined as per the Price Bid.

3. This is basically a rate contract and quantities are not guaranteed. However,

Region-wise / State-wise requirement as per best estimate is given at the end of this Annexure. Also BPCL at its sole discretion may re-allocate / shift the quantities from one plant to another plant / state to state / region to region in case of change in demand / urgent requirement.

4. All the attached Tender documents along with the covering letter will form part of

the tender. Tenderers are requested to carefully study all the documents/ annexure and understand the conditions, specifications, and drawings etc., before quoting their rates. In case of doubt, written clarifications should be obtained, but this shall not be a justification for late submission of the bid or request for extension of due date. Offers should strictly be in accordance with the tender terms & conditions and our specifications.

5. All entries in the documents shall be written in permanent ink or typewritten. Any

erasures or over writing should be attested under the full signature(s) of the Tenderer.

6. Tenderers shall upload online the full tender set duly signed and stamped at the

bottom of each page as token of having read, understood and accepted the conditions. The authorized signatory shall be :

a. Proprietor in case of proprietary concern. b. All the partners in case of partnership firm. c. Director, in case of a limited Company, duly authorized by its board of

directors to sign. If for any reason, the proprietor or all the partners or director, as the case may be, are unable to sign the document, the said document should be signed by the constituted attorney having full authority to sign the tender document and copy of such authority letter as also the power of attorney, duly signed in the presence of a Notary public should be submitted with the tender. Tenderers signature(s) on the documents shall be considered as total acceptance of the terms & conditions and hence acceptance need not be mentioned on each paper of the offer.


Signature : Seal :

Page 2 of 10

7. REFERENCE FOR DOCUMENTATION:

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

b. After finalization of Rate Contract / Purchase Order, the number and date of Rate Contract/Purchase Order must appear on all correspondence, drawings, invoices, dispatch advices, (including shipping documents if applicable) packing list and on any documents or papers connected with this order.

8. LANGUAGE OF BID:

The Bid and all supporting documentation and all correspondence exchanged by tenderer and Corporation, shall be written in English language only.

9. Quantity offered has not been asked for separately. Vendors are advised to quote 100% quantity for any Region (including all states of that Region) taking into consideration their production capacity and prior commitments. Once quoted, it will be considered as quantity offered. Kindly note that there is no restriction on the maximum quantity that can be allocated to any vendor, and therefore allocations will be made to the qualifying tenderers without any quantity restrictions and supply against such allocations will be binding on the vendors with penalty clauses applicable.

10. The rates quoted should not have any other quantity restrictions. Incomplete

offers or offers received with deviations / subjective or counter conditions/ quantity restrictions are liable to be rejected and no further correspondence / enquiries on this issue by the tenderer shall be entertained.

11. Earnest Money Deposit (EMD)

a) The tenderers shall submit an interest-free Earnest Money Deposit of Rs 1.0 Lakh (Rupees One Lakh only) by crossed account payee Demand Draft drawn on any nationalised/ scheduled bank in favour of BHARAT PETROLEUM CORPORATION LTD payable at Mumbai. EMD should be submitted along with the bid.

b) Cheques, cash, Money Orders, Fixed deposit Receipts, Bank guarantees etc.

towards EMD are not acceptable. Similarly, request for adjustment against any previously deposited EMD/Pending Dues/Bills/Security Deposits of other contracts etc. will not be accepted towards EMD.

c) Tender received without the EMD is liable to be rejected.

d) EMD should be submitted in physical form in a sealed cover addressed to

Head, LPG Equipment Department, Sewree boldly super-scribed on the outer cover


Signature : Seal :

Page 3 of 10

CRFQ number

Item

Closing date/Time

Name of the tenderer

It should be dropped in the tender box or sent by Registered Post/Courier to the following address so as to reach on or before the due date & time of the tender:

LPG Equipment Department, A Installation, Sewree Fort Road, Sewree, Mumbai-400015

BPCL will not be responsible for non-receipt of instrument(s) due to postal delay/loss in transit etc.

e) Following units are however, exempted from payment of EMD:

i. Public Sector Enterprises (PSE) ii. Units registered with National Small Industries Corporation (NSIC)

and/or Micro or Small Enterprises (MSE) are however, exempted from payment of EMD, subject to::

The unit being registered with NSIC for the item tendered. Registration certificate being valid as on date of quotation. As the case may be, such tenderers must submit either proof to show that they are PSE or a photocopy of valid NSIC Registration Certificate, a self-attested copy of all the pages of the EM-II certificate issued by any authority mentioned in the Public Procurement policy of MSEs-2012 or self-attested copy of Udyog Aadhaar Memorandum (UAM). The photocopy of application for registration as NSIC or for renewal will not be acceptable failing which such offers will be treated as offers received without EMD and liable to be rejected.

f) Registration with DGS&D will not entitle the Tenderer to claim exemption from

payment of EMD.

g) EMD is liable to be forfeited or parties who have opted for exemption from submitting the EMD, shall be barred for a period of two year from taking part in any tender floated by LPG Equipment Department of BPCL in future, in the event of : i. Withdrawal of offers during the validity period of the offer.

ii. Nonacceptance of Letter of Intent/Order, if and when placed.


Signature : Seal :

Page 4 of 10

iii. Any unilateral revision in the offer made by the tenderer during the validity of the offer.

iv. Non-payment of Supply and Performance Guarantee amount against LOI/

Purchase Order within the stipulated period of 10 days from date of LOI/ the Purchase Order whichever is earlier.

h) EMD will be refunded (by Cheque or Electronic Fund Transfer) to all the

successful tenderers after they deposit the amount for Supply and Performance Guarantee against LOI/Purchase Orders, as placed.

i) EMD will be refunded (by Cheque or Electronic Fund Transfer) to all the

unsuccessful tenderers after placement of order on successful tenderers. 12. The tenderer should also submit the following documents along with his tender:

a) PAN Nos. and Audited Balance sheet and statement of P&L A/c for the

years 2013-14, 2014-15 and 2015-16. b) Certified copies of Registration certificate under DGTD, Central Excise &

Central & State Sales Tax. c) Certified copies of Registration certificate under NSIC / MSME (if

applicable). d) Certified copies of Partnership Deed/ Memorandum & Articles of

Association & Certificate of registration with the Registrar of Companies (if applicable).

e) Organogram f) Declaration on your letter head of having a legally valid digital signature

certificate g) Drawing of proposed Manufacturers Identification Marking h) Duly filled and signed copy of Annexures along with supporting

documents. The tenderer should sign and stamp each and every page of the supporting documents submitted with the offer. The supporting documents should be serially numbered and total number of pages submitted, should be indicated in the covering letter.

13. Tender documents along with all enclosures shall be uploaded online. EMD shall

be sent by post / courier / hand to reach CLEM before the due date and time. 14. Technical bid & Price bids are to be uploaded on the web-site of the service

provider on or before the due date and time of the tender, as the access to the site will not permitted for uploading/for making changes after the closing time.

15. Bids submitted after the due date and time and those not in the format or not in

conformity with the prescribed terms and conditions or specifications are liable to be rejected and no further correspondence/ enquiries shall be entertained on the


Signature : Seal :

Page 5 of 10

issue. No responsibility shall be taken by the Corporation for documents received late due to postal delay / technical issues while submitting tender online and no claims on this account shall be entertained.

16. The offer submitted by the tenderer shall be valid for acceptance for a period of

90 days from the date of closing of the tender. In case of successful tenderers, the finalised rate shall remain valid till conclusion of the contract in all respects.

17. First EMD / NSIC MSME certificates of all bidders will be evaluated. Technical bids followed by Techno-Commercial bids of only those vendors who have submitted EMD / NSIC MSME certificates, will be evaluated. Price bid of only those vendors will be opened who qualify Technical bid & Techno-Commercial bids.

18. ACCEPTANCE OF THE OFFER BY THE CORPORATION: a. Based on the offers received, BPCL may place orders on one or more tenderers

whose offer is considered acceptable to BPCL. Any terms and conditions attached/ printed overleaf by the Tenderer in his offer will not be binding on BPCL. Tenders with counter or subjective conditions are liable to be rejected.

b. BPCL reserves the right to negotiate with tenderers and counter offer a rate if

required. Tenderers may have to attend the concerned office of the Corporation for negotiations/ clarifications if required at their own cost, in respect of their quotations without any commitment from the Corporation.

c. In the event it becomes necessary for BPCL to procure Delrin Caps at different

rates, then BPCL reserves the right to make order allocation in such a way so as to enable BPCL to get the maximum advantage.

d. Track record or any other parameter considered relevant by BPCL may also form

a criterion for order placement. e. The evaluation of the tenders, in the first instance, will be based on the Net

Delivered Price (NDP) calculated less input tax credit, if any, available to BPCL and the net cost to BPCL is minimum. Ranking of vendors, if required for the purpose of negotiations, will be based on the original quotation. BPCL reserves the right to distribute the Region wise order among the L1 and L2 vendors in the ratio of 80:20 and reserves the right to negotiate with the L2 vendor in this regard.

f. With a view to discourage cartelisation if any, in the event that same rate is

quoted by 2 or more tenderers for any plant and even if they are acceptable to BPCL, BPCL is not bound to either accept all such offers or to equally distribute the plants requirement for Delrin Caps amongst the tenderers who have quoted the same rate.


Signature : Seal :

Page 6 of 10

g. Notwithstanding the above, BPCL is not bound to accept the lowest offer and reserve the right to reject any and/ or every tender without assigning any reason whatsoever and/or place order on one or more tenderers and/or carry out negotiations with any tenderer in the manner considered appropriate by BPCL. BPCL also reserves the right to reject any un-workable offer. Purchase preference would be given to Public Sector Enterprises as per directives of the Government of India.

h. In the event the tenderer who has offered the best rates fails to supply the Delrin

Caps, BPCL may place orders with the next best tenderers, and it will be binding on the next best tenderers to supply the same.

19. It shall be understood that every endeavour has been made to avoid errors which

can materially affect the basis of the tender and the successful Tenderer shall take upon himself and provide for risk of any error which may subsequently be discovered and shall make no subsequent claim on account thereof.

20. Courts in the city of Mumbai alone shall have jurisdiction to entertain any

application or other proceedings in respect of anything arising under this tender either before or after or during finalisation of the tender.

21. Holiday listing procedure as provided in BPCL corporate site, is also a part

of tender documents. To view the Holiday Listing procedure, pl follow following path :

Open bharatpetroleum.in site ---- Bharat Petroleum For ----- Business Associates ---- Vendors ---- Holiday Listing policy for BPCL

22. The evaluation of the tenders, will be based on the Net Delivered Price (NDP) calculated less input tax credit, if any, available to BPCL. The award of job will be based on lowest landed cost for each Region among the L1 and L2 vendors in the ratio of 80:20.

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

Corporation also reserves its right to allow Micro and Small Enterprises (MSEs) and MSEs owned by Scheduled Caste (SC) or the Scheduled tribe (ST) entrepreneurs, purchase preference as admissible/applicable from time to time under the existing Govt. policy. Purchase preference to a MSE and a MSE owned by SC/ST entrepreneurs shall be decided based on the price quoted by the said MSEs as compared to L1 Vendor at the time of evaluation of the price bid.


Signature : Seal :

Page 7 of 10

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

a) Self-attested copy of all the pages of the EM-II certificate issued by any authority mentioned in the Public procurement policy of MSEs-2012 or a self-attested copy of Udyog Aadhaar Memorandum (UAM).

b) Tenderers 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.

24. The price payable shall remain firm for the entire contract period and no

escalation/de-escalation shall be permitted for any reason including any additional claim for the extra statutory levies/freight.

25. Price Bid

i. The order allotment will be finalized by BPCL by taking into account the following:

Quoted basic price. Octroi and entry taxes, if any, have not asked separately. Same should be included in basic price.

Excise duty (including cess, surcharge etc. thereof) as declared by the tenderer

Other cash outflows that shall include CST / VAT, Entry Tax / Octroi, Service Tax and freight whichever is applicable for a particular tenderer.

Input Tax Credit (ITC) available, if any

ii. BPCL shall calculate the net delivered price (NDP) per Delrin Cap for each Plant for each tenderer by adding:

Excise Duty (ED) as applicable and declared by the tenderer

CST / VAT, Service Tax, Entry Tax / Octroi as applicable and declared by the tenderer

Freight quoted

to the basic price per Delrin Cap quoted by the tenderer. Net cost to BPCL equal to net delivered price [NDP] as calculated above less input tax credit [ITC]) shall form the basis for selection of tenderers for placement of order.

Net cost to BPCL = NDP - ITC

For the purpose of tender evaluation, the Net Cost to BPCL calculated as above shall be rounded off to two-places of decimal (i.e. nearest paise) using Microsoft Excel software.


Signature : Seal :

Page 8 of 10

iii. Ranking of tenderers will be based on net cost to BPCL calculated as per the original quotation.

26. GST There will not be commercial evaluation in case of implementation of GST by Govt. However any revision in Tax Rates on a/c of GST, if any, shall be applicable to successful bidders during the contract period.

27. BPCL reserves the right to verify all the documents / vendor premises at any time after submission of bid.

28. Tenderers may have to attend the concerned office of the Corporation for clarifications and/or negotiations/clarifications if required at their own cost, in respect of their bids without any commitment from the Corporation.

29. Anti-competitive agreements/abuse of dominant position: The Competition Act, 2802 as amended by the Competition (Amendment) Act, 2807 (the Act), prohibits anti-competitive practices and aims at fostering competition and at protecting Indian markets against anti-competitive practices by enterprises. The Act prohibits anti-competitive agreements, abuse of dominant position by enterprises, and regulates combinations (consisting of acquisition, acquiring of control and M&A) wherever such agreements, abuse or combination causes, or is likely to cause, appreciable adverse effect on competition in markets in India. Bedsides taking punitive action as enshrined under Integrity Pact, BPCL reserves the right to approach the Competition Commission established under the Act of Parliament and file information relating to anti-competitive agreements and abuse of dominant position. If such a situation arises, then tenderers shall be bound by the provisions of the said statute.


Signature : Seal :

Page 9 of 10

30. State-wise / Region wise estimated requirement of Delrin Safety Caps is as mentioned below.

Sr. No. State / Region Requirement in nos

Region - North

1 Jammu & Kashmir 2,50,000

2 Punjab 21,00,000

3 Rajasthan 18,00,000

4 Haryana 27,00,000

5 Uttar Pradesh 41,00,000

6 Uttarakhand 2,50,000

Total 1,12,00,000

Region - East

7 Assam 1,50,000

8 Bihar 9,50,000

9 West Bengal 16,00,000

10 Orissa 4,50,000

Total 31,50,000

Region - West

11 Chattisgarh 1,00,000

12 Madhya Pradesh 7,00,000

13 Maharashtra (including Mumbai) 55,00,000

14 Goa 1,00,000

15 Gujarat 10,00,000

Total 74,00,000

Region - South

16 Tamil Nadu 24,00,000

17 Telangana 9,00,000

18 Karnataka 15,00,000

19 Kerala 8,00,000

20 Andhra Pradesh 6,50,000

Total 62,50,000

Total for all Regions 2,80,00,000


Signature : Seal :

Page 10 of 10

Note :

a) The bidder should quote 100% quantity for any Region (including all states within that Region). b) The bidder should not quote for quantities which exceeds their supply capacity. c) BPCL reserves the right to distribute the Region-wise orders among the L1 and L2 vendors in a ratio of 80:20, and reserves the right to negotiate with the L2 vendor in this regard. d) BPCL at its sole discretion may re-allocate / shift the quantities from one plant to another plant / state to state / region to region in case of change in demand / urgent requirement.

31. List of abbreviations used :

The terms BPC, BPCL, The Corporation and the Company in the appropriate context means Bharat Petroleum Corporation Limited, the Company registered under Companies Act 1956 and includes its successors and assignees.

The term OITC in the appropriate context means Oil Industry Technical Committee.

The term OMC in the appropriate context means PSU Oil Marketing Companies viz. M/s Indian Oil Corpn. Ltd, M/s Bharat Petroleum Corpn. Ltd., M/s Hindustan Petroleum Corpn. Ltd. and M/s IBP Co. Ltd.

The term UT in the appropriate context means Union Territory

The term PSU / PSU Oil Company in the appropriate context means Public Sector Undertaking Oil Marketing Companies

The term PSE in the appropriate context means Central Public Sector Enterprise

The term LoI in the appropriate context means Letter of Intent

The term PO in the appropriate context means Purchase Order

The term PR in the appropriate context means Price Reduction

The term LERC in the appropriate context means LPG Equipment Research Centre situated at Bangalore

The term NDP in the appropriate context means Net Delivered Price

The term VAT in the appropriate context means Value Added Tax

The term ITC in the appropriate context means Input Tax Credit

TENDER NO: CRFQ : 1000263391 ANNEXURE II

TECHNICAL SPECIFICATION

Signature : Seal :

QUALITY ASSURANCE & CONTROL:

Tenderers must have defined quality assurance plan and the same to be submitted during bid submission and this is a part of Technical Bid. Cap manufacturing unit should have demarcated space for quality checking arrangements and QC LAB should have necessary checking instruments and gauges duly calibrated. QC LAB should be well maintained with standard Instrumentation LAB conditions. The above are mandatory requirements and the tenders those who do not comply with the above requirements will not qualify in the Technical Bid. INSPECTION PLAN: (Refer Drawing no.: LPG:D: DELRIN CAP REV 1 DT 03.12.2014).

TO BE DONE ON FINISHED STOCK (SHIFT WISE)

SAFETY CAP IINSPECTION PLAN

Sr.No DIMENSION GAUGE / INSTRUMENT

No of Pieces to be Inspected/ production

1 26.00.2 mm PLUG GAUGE 1/1000

2 10.00.1 mm RING GAUGE 1/1000

3 11.5+0.1/-0.05 mm RING GAUGE 1/1000

4 1.5+0.2 /-0 mm SNAP GAUGE 1/10000

5 18.80.3 mm SNAP GAUGE 1/10000

6 17.00.2 mm DEPTH GAUGE 1/10000

7 9.950.2 mm SNAP GAUGE 1/10000

8 23.00.4 mm SNAP GAUGE 1/10000

9 1.2mm (Min Thickness) DIAL GAUGE 1/10000

10 1.5mm (Min Thickness) DIAL GAUGE 1/1000

11 WEIGHT (Excluding Spring & string) 7.6 gm minimum

Weighing Scale 1/1000 cavity wise

STRING

Sr. No DIMENSION GAUGE/INSTRUMENT

No of Pieces to be Inspected

1 String Length(300+/-5mm)

Centimetre scale 1/10000



Signature : Seal :

SPRING

1 1.35+/-0.05mm SCREW GAUGE 1/10000

2 22.0+/-0.2mm SCREW GAUGE 1/10000

3 2 springs from a lot of 10000 springs should be degreased and buffed with a fine abrasive paper and immersed in 0.2% Nitric acid solution for one minute. The spring should not corrode or turn black.

4 Spring ends in all caps shall be observed for proper grinding.

Records to be maintained and produced during Technical Audits and as and when they are asked by BPCL. 2. ASSEMBLY:

1) Safety cap should withstand pneumatic pressure of 17 kg/cm2 (1/10000 or 5 caps per day whichever is more).

2) 1 out of 10000 or 10 caps per day caps should be checked for easy fitment and removal from the S.C. Valve.

3) All caps should be inspected for smooth movement of spring.

3. VISUAL INSPECTION All caps shall be visually inspected for the following:-

1) Colour of the cap 2) Markings on the cap 3) Cavity no. 4) Overall surface finish (check for flashes, burrs, cut marks etc.)

NOTE: Manufacturers are required to: 1) Maintain records for the above inspection and the same should be available

for scrutiny for our inspecting staff. 2) Provide test certificate in the prescribed format for the finished caps supplied

in each consignment.

4. CRITICAL DIMENSIONS: The critical dimension may please be noted as follows. These shall be checked on per shift basis for each cavity wise (over and above the records and testing done on Finished Stock as in (1) records shall be maintained for them in suitable format.

Sr. No. Dimension Feature

1 26 +/- 0.2 mm Diameter

2 10 +/-0.1 mm Stub Diameter

3 11.5 +0.1/-0.05 mm Inner Stub diameter



Signature : Seal :

4 17.0 0.2 mm Inner Depth

5 7.60 gms (min) Minimum weight of each cap

6 1.50 mm (min) Minimum Top Thickness

7 1.20 mm (min)/ 1.25 mm (average)

Minimum wall thickness of shell shall be 1.20 mm minimum irrespective of locational feature/ Average value of thickness shall be minimum 1.25mm when checked on the feature at different locations

Please note that as soon problem is observed in any of the sample. The cavity pertaining to the sample shall be blocked and incidence should be immediately reported to LPG Equipment department office. Also necessary correction to taken as regards to the problem observed and fresh sample must be submitted to LPG Equipment department office for inspection and clearance. All records for testing of Delrin Caps should be maintained by successful vendor till the completion of contract.

5. Quality Failure and Recovery In the event of manufacturing defects being detected at the time of delivery or during testing at LERC, the successful tenderer will be directly informed in writing by the concerned Plant/Office. The successful tenderer will have the choice to inspect the lot at the concerned Plant within fifteen days of despatch of such intimation, at their own cost. Additionally, a commercial penalty of Rs. 100 per 1000 caps shall be levied to cover the administrative cost. This is in addition to carrying out rectification /cost recovery of rejected lot. After inspection of the defective lot, at the sole discretion of BPCL: (i) Repairable material shall be handed over to the successful tenderer for rectification of defects. The successful tenderers shall carry out the necessary rectifications at their own cost and to the full satisfaction of BPCL. The successful tenderer may also be required to deposit a suitable amount as guarantee for such material being handed over to him for repairs. (ii) In case the manufacturing defects which are beyond rectification, BPCL shall recover cost of the material from the successful tenderers pending bills/ Supply and performance guarantee amount or advice the vendor to replace the rejected material at free of cost at the original point of delivery within 30 days from date of intimation. Scrapped material shall not be handed over to the successful tenderer nor any cost adjustment done on account of the same. In addition to the same, vendor will be suspended on Industry basis till corrective action will be taken by the vendor followed by joint root cause analysis & passing of fresh sample at LERC.



Signature : Seal :

(iii) In case of failure observed during the inspection of Company officials, action will be initiated as per following :

a) Records not available / not maintained as per prescribed format.

b) Testing facilities like Plug gauges, Ring Gauges, Snap gauges, Weighing Scale, Pressure testing etc are not available at manufacturing unit or not in working condition. 1st Incident / Failure Warning Letter will be issued by Company. 2nd Incident / Failure Penalty of Rs 10,000/- will be imposed on vendor. 3rd Incident / Failure Contract will be terminated and further suitable action will be initiated as per Holiday Listing Procedure.

6. QUALITY CONTROL / SUSPENSION a. The successful tenderer is required to strictly adhere to the quality

control/inspection procedures mentioned in the tender, and advice given by the Corporation and Oil Industry Technical Committee (OITC) from time to time.

b. Manufacturer should employ manpower required for inspection such that they at least have minimum required skills/qualifications.

c. Without prejudice to the other provisions of the Contract, BPCL reserves the right to order suspension of production and supplies by the successful tenderer in case any lapse in quality is detected by members of OITC or by officers/ representatives of BPCL or failure in testing at LERC.

d. Such suspension orders will be intimated in writing by fax/email and/or Registered Post either by the Corporation or by OITC to successful tenderer. On receipt of suspension order, successful tenderer shall carry out detailed root-cause analysis for failure. Corrective and preventive actions to be taken for a particular type of failure should be identified and implemented by the successful tenderer. The successful tenderer shall submit an action-taken report, to BPCL. BPCL shall revoke the suspension based on the adequacy of this action-taken report.

e. The successful tenderer will be required to complete all actions necessary to obtain clearance from Corporation/OITC for resumption of production



Signature : Seal :

and despatch at the earliest but not later than 20 days from the date of suspension.

f. If request for the clearance from Corporation/ OITC is not applied for within the said period of 20 days, the Corporation shall have the rights solely at its discretion to cancel the remaining order quantity and forfeit the supply and performance guarantee amount without prejudice to any other right as may be available to the Corporation both under law and the contract terms contained in this agreement for the recovery of the damages.

g. Despite the order of suspension, if the successful tenderer produces and/or despatches Caps, the Corporation shall be entitled to refuse taking delivery of such consignments and the successful tenderer shall not be entitled to claim any damage or compensation for any loss that may occur to him, from BPCL on account of refusal to accept such consignment. In such cases BPCL shall take necessary action which may be deemed fit against the successful tenderer.

h. Whenever the successful tenderer is under suspension, the call-off allocation for the suspended party may be pruned to the extent of undelivered quantity against that call off/allocation at the sole discretion of BPCL. Extra cost, if any, borne by BPCL while procuring (from other suppliers) and/or placing such shortfall quantity to the short supplied plant, as outlined above, shall be recovered from the defaulting successful tenderer.

i. If the successful tenderer is a common supplier for one or more OMCs, and in the event of their suspension by one OMC, then it shall be construed as suspension by BPCL also. However revocation will be done by individual OMC.



Signature : Seal :

FORMAT FOR INSPECTION RECORDS

Name of Manufacturer

INSPECTION REPORT FOR DELRIN CAP

Material For : Bharat Gas Batch LOT Size :

Name of Plant : Quantity Inspected :

Date of Inspection : Quantity Accepted :

Shift : I / II / III Quantity Rejected :

Dimensions Gauge Frequency Cavity No

26.0 0.2

mm

Plug Gauge 1/1000

10.0 0.1

mm

Ring Gauge 1/1000

11.5 +0.1 / -

0.05 mm

Ring Gauge 1/1000

1.5 +0.2 /-0

mm

Snap Gauge 1/10000

18.8 0.3 mm Snap Gauge 1/10000

17.0 0.2 mm Depth

Gauge

1/10000

9.95 0.2 mm Snap Gauge 1/10000

23.0 0.4 mm Snap Gauge 1/10000

1.2 mm (Min

Thickness)

Depth

Gauge

1/10000

1.25 mm (Avg

Thickness)

Depth

Gauge

1/1000

Weight

(Excluding

Spring &

string) 7.6 gm

Weighing

Scale

1/1000

cavity

wise

1.35 +/-0.05

mm

Screw

Gauge

1/10000

22.0 +/-0.2

mm

Screw

Gauge

1/10000

Pneumatic

pressure

testing at 17

kg/cm2

Test Bench 1/10000 or

5 caps per

day

whichever

is more

Easy fitment

and removal

from S.C.

Valve

Manual 1 / 10000

or 10 caps

per day

whichever

is more

Colour of the

cap

Visual 100%



Signature : Seal :

Markings on

the cap

Visual 100%

Overall

surface finish

Visual 100%

Spring

Diameter 1.35

+/- 0.05 mm

Micrometer 1/10000

Spring Length

22 +/- 0.2 mm

Vernier 1/10000

Nitric acid test

for Spring

Visual 2 / 10000

Smooth

movement of

spring

Manual 100%

Nylon String

Length 300 +

/ - 5 mm

Centimeter

scale

1/10000

Remarks :

Prepared by Checked By

Name & Signature of QC Inspector / Manager Name & Signature of Owner

Note : All records for testing of Delrin Caps should be maintained by successful vendor till the completion of contract.



Signature : Seal :

TENDER NO: CRFQ : 1000263391 ANNEXURE III

TERMS AND CONDITIONS OF AGREEMENT

Signature : Seal :

Page 1 of 13

TERMS & CONDITIONS OF TENDER / AGREEMENT FOR PROCUREMENT OF

DELRIN CAPS 1. DELRIN SAFETY CAPS TO BE SUPPLIED : (a) The successful tenderers on whom Contract/ Purchase Order is placed shall duly

supply Delrin Safety Caps manufactured as per enclosed drawings to the Corporation as per the rate and delivery schedule specified in the Contract/ Purchase Order placed by the Corporation on the successful tenderer.

(b) Successful tenderer should ensure that the Delrin Safety Caps meant for supply to BPCL are manufactured following the quality control/inspection procedures prescribed and written instructions given by BPCL.

(c) This is basically a rate contract and quantities are estimated and not guaranteed.

2. SUPPLY AND PERFORMANCE GUARANTEE (a) The successful tenderer, within 10 days of placement of Letter of Intent shall

deposit an amount of Rs. 1 lakhs or 5% of the order value, whichever is lower, with BPCL as Supply and Performance Guarantee. This amount shall have to be deposited by way of crossed A/c Payee demand draft drawn on any Nationalised or scheduled bank in favour of M/s Bharat Petroleum Corporation Ltd. and payable at Mumbai. No interest is payable by BPCL on the amount for Supply and Performance Guarantee so collected.

(b) Submission of the Supply and Performance Guarantee amount by the successful tenderer to BPCL implies complete acceptance of all terms and conditions of the contract.

(c) Supply and Performance Guarantee shall be refunded only after the successful completion of the Contract. BPCL shall be entitled to deduct from this amount any loss or damage which BPCL may be put to by reason of any act or defective Delrin Safety Caps, Price Reduction Clause or any other liabilities or default recoverable by BPCL from the successful tenderer and to call upon the successful tenderer to maintain the amount at the original level by making further deposits.

3. SET OFF Any sum of money due and payable to the successful tenderer (including the supply and performance guarantee amount returnable to him) under the Contract, may be appropriated by BPCL against any claim arising under the Contract against the successful tenderer.



Signature : Seal :

Page 2 of 13

4. PRICE

(a) Price payable per Delrin Safety Caps shall be the quoted/negotiated Net

Delivered Price (NDP). It includes cost of all raw material, consumables, labour, power, fuel etc., all applicable duties, taxes (for inter-state movement CST @ 2% is applicable against C forms), Octroi / Entry tax, transportation charges for delivering them at our LPG Plants on door-delivery basis, transit insurance (if tenderer desires so), loading/unloading charges and any other incidental charges and such other duties and levies as may be imposed for sale and delivery of the said Delrin Safety Caps.

(b) The price payable shall remain firm for the entire contract period and no

escalation/de-escalation shall be permitted for any reason including any additional claim for the extra statutory levies/freight.

(c) CENVAT credit available to the successful tenderer on various inputs may be

availed by the tenderer by following necessary procedures and completing all the formalities, documentations etc.

The CENVAT credit availed by the tenderer need not be passed on to the Corporation separately. However, if the tenderer for any reason fail to avail this CENVAT credit on various inputs, BPCL shall in no way assume any responsibility for the same.

(d) Further, the successful tenderers shall indemnify BPCL against any claims that

may be raised by statutory authorities due to failure of the successful tenderer to comply with any of statutory obligations with respect to payment of duties, taxes, octroi etc. BPCL also reserves the right to recover any payments that may have to be made on account of discrepancies as above from the Supply and Performance Guarantee or outstanding payments on hand.

(e) Inter-state Movements: The successful tenderer shall forward a statement

indicating the dispatches made to various locations, state-wise along with copy of the relevant invoices. On receipt of above statements the concerned Regional Offices/Locations will be advised to issue the C-Forms for inter-state movements of Delrin Safety Caps. This statement should be forwarded at the end of each quarter in the prescribed format given by BPCL from time to time. In case the successful tender fails to obtain C-Forms for inter-state supplies, the Corporation shall not be held responsible for payment of additional tax.

(f) GST There will not be commercial evaluation in case of implementation of GST

by Govt. However any revision in Tax Rates on a/c of GST, if any, shall be applicable to successful bidders during the contract period.



Signature : Seal :

Page 3 of 13

5. PAYMENT The following documents should be submitted to BPEC, Kharghar office along with the invoice: (a) Invoice, mentioning the actual date of receipt of consignment at the destination. (b) Copy of delivery challan (c) Lorry Receipt (d) Central Excise Gate Pass Invoice (e) Manufacturers Test Certificate (f) Freight money receipt (g) Self Test Certificate duly certified by qualified QC Incharge

Payment terms shall be 30 days from the date of receipt of material at the plant, provided submission of the invoice in duplicate to BPEC, along with all enclosures as mentioned above, whichever is later. The payment shall be done through national electronic fund transfer (NEFT). 6. QUALITY CONTROL / INSPECTION Inspection of Delrin Safety Caps shall be carried out by manufacturer for all the dimensions/requirements as per the inspection schedule prescribed in the tender. The successful tenderer shall prepare all the quality records, duly signed by quality in-charge. The successful tenderer is required to strictly adhere to the quality control/inspection procedures stipulated by BPCL from time to time. Corporation shall carry out inspection from time to time to monitor compliance of quality assurance. Corporation reserves the right to inspect the material at your works/our Area Warehouses/ bottling plants before acceptance. In case of quality failure of the material, the Corporation, at its discretion, may either recover the cost of the material or advise the vendor to replace the rejected material free of cost at the original point of delivery within 30 days from the date of intimation. BPCL will send samples of Delrin Safety Caps to LERC, Bangalore or other reputed laboratories regularly for online testing. In case of quality failure of these tested samples action shall be taken as per Quality Assurance Plan prescribed in the tender. During Technical Audits any shortfall related to manufacturing process and quality control etc, BPCL reserves the rights to suspend the party with immediate effect on Oil Industry Basis.



Signature : Seal :

Page 4 of 13

7. DELIVERY SCHEDULE / REVISION BEFORE EXPIRY OF DELIVERY

SCHEDULE: (a) Based on the actual requirements, BPC will be placing the call-offs (also called

PO or allocations) from time to time. The successful tenderer shall be bound to accept call-offs up to 130% of the prorata quantity (prorata quantity = contract quantity/8 as the tender is for 8 months). In case BPCL requires additional supplies (over and above the said 130% prorata level) during any period , then it can place call-offs for such additional quantities after getting a written confirmation from the successful tenderer.

(b) The successful Tenderer shall supply Delrin Safety Caps strictly in accordance

with the delivery schedule mentioned in the call-offs/PO/ allocation. The successful Tenderer shall note that the date of receipt of Delrin Safety Caps at the destination i.e. the Location of the Corporation as advised by the Corporation shall be considered as the date of completion of the supply as per the Order. In short the actual delivery shall mean the date of receipt of Delrin Safety Caps at the location. Successful tenderer shall have to furnish a Delivery Completion Report on monthly basis in the format given by BPCL along with a copy of proof of receipt of material/receipted delivery challans, for all supplies made during that month, within 5 days of last date for delivery indicated in the call offs / PO.

(c) In the event of the successful Tenderer anticipating difficulty to meet the delivery

schedule for reasons not attributable to him, the successful tenderer should submit a written request for extension, in case he desires the extension, explaining the reasons for the delay. It will be the Corporations sole discretion to accept or reject the request. The Corporation will evaluate the request of the successful Tenderer and in case the Corporation is satisfied, the Corporation may grant a suitable time extension and advise the revised delivery schedule, in writing. The decision of the Corporation in this regard will be final and binding on the successful Tenderer.

8. FAILURE AGAINST DELIVERY SCHEDULE AND PRUNING &

REALLOCATION FOR QUANTITIES UNDELIVERED: (a) BPC shall review the supply position after completion of the Delivery Schedule. If

the successful Tenderer fails to adhere to the said Delivery Schedule or Revised Delivery Schedule which may be given as per clause 7 above, the following provisions shall apply:

(i) In the event of the successful Tenderer anticipating difficulty to meet the

delivery schedule, the successful tenderer should submit a written request for extension, in case he desires the extension, explaining the reasons for the delay. It will be the Corporations sole discretion to accept or reject the request. The Corporation will evaluate the request of the successful Tenderer



Signature : Seal :

Page 5 of 13

and in case the Corporation is satisfied, the Corporation may grant a suitable time extension to a maximum of one month with the applicable Price Reduction (on the portion that would be delivered late) @0.5% for each week of extension (or part thereof) subject to a maximum 2% and advise the revised delivery schedule, in writing. The decision of the Corporation in this regard will be final and binding on the successful Tenderer.

(ii) In case the successful tenderer fails to supply the material as per the delivery schedule due to any reason whatsoever, including suspension, BPCL shall have the discretion to prune all such undelivered quantities and reallocate to any other supplier including tenderers who were not successful in the tender, as decided by BPC, at the successful tenderers risk, cost and responsibility. The differential amount, if any, will be debited to the successful tenderers or be adjusted from the Supply and Performance Guarantee or from the running bills as decided by the Corporation.

(b) The limitation on order quantity will not be applicable for the reallocation of pruned quantities.

(c) BPCs decision in regard to Pruning & Reallocation on case to case basis and the

methodology followed shall be final. 9. PRICE REDUCTION CLAUSE FOR FAILURE TO SUPPLY AS PER

SCHEDULE

a) Irrespective of Pruning & Re-allocation of the short supplied quantities as per clause no 8 above, LD @ 5% of NDP shall be levied on entire undelivered quantity as per stated Delivery Schedule given under (7) above. This shall be over and above the differential amount recovered from the successful tenderer as stated in clause 8 above.

b) Alternatively BPC may consider accepting late delivery of consignment,

based on request by such Successful Tenderer who could not meet the schedule given. Payment in such cases shall be done as per clause 8 above and PR as applicable for extension (on the portion that is delivered late) @0.5% for each week of late-delivery (or part thereof) subject to a maximum of 5% shall be recovered.

c) The penalty shall be recovered from the running bills/ Supply and

Performance Guarantee submitted by the vendor.



Signature : Seal :

Page 6 of 13

10. RISK PURCHASE (a) In case the successful tenderer fails to supply the material as per the delivery

schedule due to any reason whatsoever, including suspension, BPCL reserves the right to procure similar material at the successful tenderers risk, cost and responsibility from other sources. The successful tenderer shall have to bear the differential cost between what would have been payable to him/her and the cost actually paid by BPCL for such procurement and/or placement of such shortfall quantity to the short-supplied plant.

(b) In case the party is under suspension at the start of the month, no orders will

be released. However, proportionate order quantity due from the party, shall be procured from other tenderers who have participated in the tenders under risk purchase.

(c) Such penalty shall be levied over and above the PR recoverable from the

party on account of such non-delivery of such material. However if the successful tenderer informs BPCL about his/her inability to supply the material within 7 days of placing of call-off/PO then no PR for non-supply shall be levied. However, successful tenderer shall still be liable to pay the differential risk purchase amount mentioned above.

(d) If due to any breach committed by the Supplier, the order is terminated, the

Supplier will be liable to make good the loss or damage suffered by the BPCL in line with clause (a) above.

11. LIQUIDATED DAMAGES FOR FAILURE TO SUPPLY

(a) In the event of full or partial failure to supply, Liquidated Damages @ 5% of the NDP shall be levied on the entire undelivered quantity.

(b) In the event of time extension granted by BPC beyond the original delivery schedule, Price Reduction @ 0.5% per week subject to a maximum of 2 % of NDP shall apply.

(c) In addition to this, in case BPC consider accepting late delivery of consignment, based on request by such Successful Tenderer who could not meet the Delivery schedule & Time extension given, PR as applicable for extension (on the portion that is delivered late) @0.5% for each week of late-delivery (or part thereof) subject to a maximum of 5% shall be recovered.

(d) Successful tenderer shall not be entitled to claim waiver from PRICE REDUCTION and/or LIQUIDATED DAMAGES because of the Prunning & Re-allocation of the short supplied quantities as described in above.



Signature : Seal :

Page 7 of 13

12. RECOVERY OF OUTSTANDING AMOUNTS : It is also agreed and understood that for the purpose of calculating the damages recoverable, it will be assumed that the contract continued to remain valid even after expiry of the contract period and BPCL can recover such amounts from the pending bills of/Supply and Performance Guarantee amount deposited by the Successful Tenderer.

13. FORCE MAJEURE

The Contract is subject to standard FORCE MAJEURE conditions set out hereunder:

(a) If at any time during the continuance of the contract, the performance in whole or

in part or any obligation of either party under the contract shall be prevented or delayed for a continuous period of more than seven days by reasons of any war, hostility, acts of public enemy, civil commotion, sabotage, fires, floods, explosions, epidemics, quarantine restrictions, strikes, lockouts, any order or decree of any Government or Governmental Authority or rationing, whether imposed by law, decree, regulation or voluntary co-operation of BPCL at the insistence or request of the MOP & NG or person purporting to act thereof (hereinafter referred to as EVENTS) then, provided notice of happening of any such event(s) with supporting proof required thereof, is given by either party to the other within 15 days from the date of occurrence thereof, neither party shall by reasons of such event, be entitled to terminate the contract nor shall either party have any claim for damage against the other in respect of such non-performance or delay in performance, and the deliveries under the contract shall be resumed as soon as practicable after such event has come to an end or ceased to exist.

(b) In the event of any shortfall in the delivery of the Delrin Safety Caps due to

occurrence of a force majeure event for a continuous period of 30 (thirty) days or more, Corporation may solely at their discretion reduce the total contracted quantity, to the extent of the quantities of Delrin Safety Caps which were required to be supplied during the existence of the force majeure conditions on a prorata basis, and the successful tenderer shall not be entitled to claim any damages from the Corporation on account thereof. Nor the Corporation shall be entitled to claim damages from the successful tenderer on account of non-delivery of such Delrin Safety Caps pruned from the total contracted quantity.

14. RAW MATERIAL (a) The successful tenderer is exclusively responsible for procurement of all raw

materials conforming to applicable specifications and quality to meet the delivery schedule.



Signature : Seal :

Page 8 of 13

(b) Bought-out items shall be thoroughly tested. The successful tenderer is also required to furnish the results of tests carried out by the successful tenderer on other bought-out items as and when required.

(c) In respect of the components which are required for the manufacture of Delrin Safety Caps, the successful tenderer shall from time to time during the currency of this Contract inform BPCL, the list of such items including the names and addresses of the suppliers of such items and the measures taken for ascertaining the quality assurance of such items.

(d) BPCL reserves the right to specify the name of reputed/reliable/ established vendors from whom raw materials and components shall be procured. In such case, successful tenderer shall procure such raw materials and components from BPCL approved parties only.

15. INSPECTION The Corporation reserves the right without prejudice to its rights under any of the provisions contained in the Agreement to inspect the Delrin Safety Caps /inspection gauages/test set-ups at the successful tenderer's works for which purpose all required facilities shall be provided by the successful tenderer at his costs. Corporation shall carry out inspection from time to time to monitor quality assurance. 16. TEST CERTIFICATES (a) The successful tenderer shall prepare at least three copies of test certificates

stating that all the Delrin Safety Caps supplied are conforming to the requirements/tests specified in Drawing No. LPG: D: DELRIN CAP REV. 1 DT 03.12.2014. The distribution of copies is as under :

First Copy - To the consignee (Plant) along with the consignment

Second Copy - To LPG Equipment Department, Sewree along with the invoice

Third Copy - Vendor Copy

(b) The certificates shall be issued in the following format to be printed on manufacturers stationery:



Signature : Seal :

Page 9 of 13

. TEST CERTIFICATE FOR DELRIN SAFETY CAPS USED WITH LPG CYLINDERS Manufacturers Name & Address: Certificate No. : _________ Date: _______ Purchasers Name: Bharat Petroleum Corporation Ltd. Description : Safety caps as per BPCL Drawing No. LPG: LPG D DELRIN CAP REV 1 DT 03.12.2014 Order No. :

Material : Dupont Delrin 900/1700 P (virgin material) or Celcon M90/M140 (virgin

material) or Tenac 5010. Cavity Nos. : Quantity Passed:

This is to certify that safety caps supplied to__________ LPG Bottling Plant/Ware-House vide DC No. _________,dt.______, were inspected at our factory in accordance with the inspection plan for safety caps and they meet the specified requirements. Quality Control In-charge, Manufacturers Name

Seal

(b) Any consignment of Safety caps not accompanied by test certificates shall not be

accepted.



Signature : Seal :

Page 10 of 13

17. PACKAGING : (a) A bundle of 25 pcs of Delrin Safety Caps shall be formed by binding them with 3

rubber bands. 10 such bundles shall be packed in a transparent polythene bag of minimum 50 micron thickness. Each polythene bag shall contain a packing slip indicating the manufacturers name, and quantity (250nos.). Twenty such bags should be packed in a larger high density (HD) water proof plastic oven sack. The manufacturers name, quantity (5000nos.), gross weight, challan no. and date of the supply should be written on HD plastic oven water proof sack by permanent marker ink.

Further, any damage or loss of Delrin Safety Caps because of poor quality packing or any other reason shall be recoverable from the successful tenderer as decided by the Corporation. The Corporation at its discretion may authorize alternate packaging at the request of the successful tenderer. Such authorization must be obtained in writing, in advance.

18. DESPATCHES (a) All the Delrin Safety Caps will be dispatched by the successful tenderer by road

only, on freight pre-paid basis, in accordance with the instructions issued by the Corporation from time to time. The consignments shall be sent on door delivery basis in full truck-loads/part truckload including unloading and stacking at the receiving location.

(b) The successful tenderer shall undertake transportation of Delrin Safety Caps by road only through established and reliable transporters.

(c) The successful tenderer, in their own interest may take out insurance cover for each and every consignment to take care of any transit loss, damage, shortage etc at their own cost. No payment shall be made by the Corporation towards cost of insurance to the successful tenderer.

19. TERMINATION Notwithstanding anything contained in the Contract, BPCL shall have the right to terminate the Contract upon or at any time of the happening of any of the following events:

(a) If the successful tenderer shall commit a breach of any of the terms and

conditions of the contract and fails to remedy such breach within 15 (fifteen) days of the receipt of the written notice from the Corporation in regard thereto.



Signature : Seal :

Page 11 of 13

(b) i) On the death or bankruptcy of the successful tenderer if he be an individual.

ii) On the dissolution of the firm if the successful tenderer happens to be the Partnership firm.

iii) Liquidation, whether voluntary or otherwise, or the passing of an effective resolution for winding up of the business of the successful tenderer if it be a company.

iv) On selling of the facilities or assets to any other individual or company.

(c) If any attachment is levied or continues to be levied for a period of fifteen days or more upon the effects of the successful tenderer or of any individual or partner of the successful tenderers firm.

20. ASSIGNMENT/SUB-CONTRACTING The successful tenderer shall not sublet the contract or assign any part of the order to any person/firm/company without prior written consent from the Corporation. 21. ACQUIESCENCE OR WAIVER

Any acquiescence or waiver by the Corporation of any delay, breach or default committed by the successful tenderer shall neither deemed to be or considered as estoppels against the Corporation nor prevent the Corporation from exercising any of its rights under any of the provisions of this Agreement. 22. ARBITRATION

(a) Any dispute or difference of any nature whatsoever any claim, crossclaim,

counter-claim or set-off or regarding any right, liability, act, omission or account of any of the parties hereto arising out of or in relation to this agreement other than those in respect of which, the decision of any person is, by the purchase order or Agreement, expressed to be final and binding, shall be referred to the sole arbitration of the Director (Marketing) of the Corporation who may either himself act as the arbitrator or nominate some other Officer of the Corporation, irrespective of his relationship with the corporation, to act as the Arbitrator. The successful tenderer will not be entitled to raise any objection to any such arbitrator on the ground that the arbitrator is an officer of the Corporation.

(b) In the event of the Arbitrator to whom the matter is originally referred to being transferred, he shall be entitled to continue with the Arbitration proceedings notwithstanding his transfer, unless the Director (Marketing) at the time of such transfer or at any time thereafter, designate another person to act as Arbitrator in his place in accordance with the terms of this agreement.



Signature : Seal :

Page 12 of 13

(c) In the event of the Arbitrator to whom the matter is originally referred, vacating his office or being unable to act for any reason, the Director (Marketing) at the time of vacation of office or inability or refusal to act, shall designate another person to act as arbitrator in accordance with the terms of this agreement.

(d) The Arbitrator newly appointed by the Director (Marketing) under clause (b) or under clause (c) above shall be entitled to proceed with the reference from the point at which it was left by his predecessor.

(e) It is an express term of this contract that no person other than the Director (Marketing) or a person nominated by such Director (Marketing) of the Corporation as aforesaid shall act as Arbitrator hereunder. If for any reason Director (Marketing) is unable or unwilling or refuses or fails to act as Arbitrator or nominate an Arbitrator then the Matter in dispute shall not be referred to Arbitration at all.

(f) The award of the Arbitrator so appointed shall be final, conclusive and binding on

all parties to the agreement subject to the provisions of the Arbitration and Conciliation Act , 1996 or any statutory modification or re-enactment thereof and the rules made there under for the time being in force shall apply to the Arbitration proceedings under this clause.

(g) The award shall be made in writing and published by the Arbitrator as required under the law.

(h) The arbitrator shall have power to order and direct either of the parties to abide

by, observe and perform all such directions as the arbitrator may think fit having regard to the matters in difference i.e. dispute before him. The arbitrator shall have all summary powers and may take such evidence oral and /or documentary as the arbitrator in his absolute discretion thinks fit and shall be entitled to exercise all powers under the Arbitration and Conciliation Act, 1996 or any subsequent amendment thereof, including admission of any affidavit as evidence concerning the matter in difference i.e. dispute before him.

(i) The party against whom the arbitration proceedings have been initiated , that is to say, the respondent in the proceeding, shall be entitled to prefer a crossclaim, counter-claim or set-off before the arbitrator in respect of any matter in issue arising out of or in relation to the agreement without seeking a formal reference for arbitration to the Director ( Marketing) for such counter-claim, cross-claim, or set-off and the arbitrator shall be entitled to consider and deal with the same as if the matters arising there from have been referred to him originally and deemed to form part of the reference made by the Director (Marketing).

(j) The arbitrator shall be at liberty to appoint, if necessary, any accountant or engineer or other technical person to assist him and to act on the opinion taken from such person.



Signature : Seal :

Page 13 of 13

(k) The arbitrator shall have power to make one or more awards whether interim or

otherwise in respect of the dispute and difference and in particular will be entitled to make separate awards in respect of claims or cross-claims of the parties. The arbitrator shall be entitled to direct anyone of the parties to pay the costs of the other party in such manner and to such extent as the Arbitrator may in his discretion determine and shall also be entitled to require one or both the parties to deposit funds in such proportion to meet the Arbitrators expenses whenever called upon to do so.

23. JURISDICTION

The parties hereby agree that the courts in the city of Mumbai alone shall have jurisdiction to entertain any application or other proceedings in respect of anything arising under this Agreement and any award or awards made by the sole arbitrator hereunder shall be filed in the concerned courts in the aforesaid city only. 24. VALIDITY OF THE CONTRACT

The total requirement shown in this tender enquiry is for the period of 8 Months from the date of placement of order, and may be extended for a period of up to 3 months at the sole discretion of BPCL. In case of any dispute in the interpretation of the terms and conditions of the tender, the decision of the Corporation in this matter shall be final and binding.

TENDER NO: CRFQ : 1000263391 ANNEXURE IV

PARTICULARS OF TENDERER

Signature : Seal :


Please furnish the following details 1. Name of the Manufacturer : 2. Address : Office : Factory :

(Attach Ownership/ Lease agreement which should be valid for the full term of the tender)

Tel No. (Office) : (Factory) :

Mobile No. : Fax. No. (Office) : (Factory) : Email Id : State in which the factory is located : Weekly off of the unit : MARKET STANDING & FINANCIAL CAPABILITY

Constitution of the firm : (Certified copy of Partnership Deed/ Memorandum of Articles of Association to be enclosed)

a) Sole Proprietor/Partnership b) Private Limited Company c) Public Limited Company

Name & address of the Proprietors /

Partners / Directors with % of share holding/Profit Share :



Signature : Seal :

Year of Establishment / Registration & Date. :

(Certified copy of the registration certificate issued by Registrar of firms/ Companies to be enclosed)

Registration No. : 1. Under Companies Act : 2. Small Scale Ind. : 3. DGTD. : 4. Central Excise Dept. : (Copies of regtrn. certificates for all above to be enclosed) Capital Investment. : PAN No. :

(Photo copies of audited P & L A/c and Balance Sheet for the last three years to be enclosed).

Name of Bankers & Full Address : Bankers Certificate indicating Credit worthiness (in value) of the firm to be enclosed in a separate sealed cover TECHNICAL EXPERTISE AND ORGANISATIONAL CAPABILITY Range of products : Year of commencement of production. : Factory Layout & List of Machineries : Annual Turnover in the last 3 yrs. :

2013-14 2014-15 2015-16

Is the unit an ISO unit : Yes /

No (If yes, give copy of certificate)



Signature : Seal :

Office Factory No. of persons employed. :

Skilled : Unskilled :

Organogram (Please enclose a copy of the organogram indicating the quality/ production managers and QC engineers/ supervisors with their qualifications and proof for the same.) List of large companies to which similar items have been supplied earlier with details of item, quantity, value of order & year of execution. List of large companies whose order for similar items have been accepted with details of item, quantity and pending orders during the next 12 months. Sales Tax Registration No. : a) State Sales Tax : b) Central Sales Tax :

(Enclose copies of registration certificates)

c) Sales Tax Exemption Status : Whether any ED concession is available to the unit. If yes, what is the applicable rate and up to when the concession is available : Note: Prior approval should be sought in case any changes are made in the factory layout, machinery or manpower, failing which BPC shall initiate appropriate action as deemed fit which may include suitable penalty/suspension for the entire term of the tender.

TENDER NO : CRFQ : 1000263391 ANNEXURE V

DECLARATION FORMS

Signature : Seal :

A. DETAILS OF RELATIONSHIP WITH BPC DIRECTORS

Please furnish following details in the appropriate part based on your organisational structure: Organisational structure Part of the form applicable Sole Proprietor ..... Part -A Partnership Firm ..... Part -B Private/Public Ltd. Co. ..... Part -C


DECLARATION FORMS

Signature : Seal :

PART- A (Applicable where Manufacturer is Sole Proprietor) 1. Name of Tenderer : 2. Address : Office : Residence : 3. Telephone : 4. State whether manufacturer is : Yes/No* related to any of the director(s) of BPC 5. If `Yes' to 4, state the name of : the Director and manufacturers relationship with him/her. * Strike whichever is not applicable.


DECLARATION FORMS

Signature : Seal :

PART -B (Applicable where the manufacturer is a partnership firm) 1. Name of the Partnership firm : 2. Address : 3. Name of Partners : 4. State whether any of the partner : Yes/No*

is a Director to BPC 5. If `Yes' to 4 ,state the names(s) : Yes/No* of Directors. 6. State whether any of the partner : Yes/No*

is related to any of the Director(s) of BPC

7. If `Yes' to 6 state the name(s) : of Director(s) and the concerned Partner's relationship with him/her.

* Strike whichever is not applicable.


DECLARATION FORMS

Signature : Seal :

PART -C (Applicable where the Manufacturer is a Public / Private Ltd. Co.) 1. Name of the Company : 2. Address of : Regd. Office : Principal Office : 3. State whether the company is :

a Pvt. Ltd. Co. or Public Ltd Co. 4. Names of Directors of the : Company 5. State whether any of the : Yes/No*

Director of your Company is a Director of BPC .

6. If `Yes' to (5) state the name(s) : name(s) of the Director 7. State whether any of the Director : Yes/No*

of your Company is related to any of the Director's of BPC.

8. If `Yes' to (7) state the name(s) :

of Director and the concerned Director's (of the Vendor) relationship with him/her.

Strike whichever is not applicable.


DECLARATION FORMS

Signature : Seal :

B. LIST OF DIRECTORS OF BHARAT PETROLEUM CORP LTD. Shri S. Varadarajan, Chairman & Managing Director Bharat Petroleum Corporation Ltd. Bharat Bhawan, 4 & 6 Currimbhoy Road, Ballard Estate, MUMBAI - 400 001. Shri S. Ramesh, Director (Marketing) Bharat Petroleum Corporation Ltd., Bharat Bhawan, 4 & 6, Currimbhoy Road, Ballard Estate, MUMBAI - 400 001. Shri R. Ramachandran, Director (Refineries) Bharat Petroleum Corporation Ltd., Bharat Bhawan, 4 & 6, Currimbhoy Road, Ballard Estate, MUMBAI - 400 001. Shri S. P. Gathoo - Director ( Human Resources) Bharat Petroleum Corporation Ltd., Bharat Bhawan, 4 & 6 Currimbhoy Road, Ballard Estate, MUMBAI - 400 001. Shri P. Balasubramanian, Director (Finance) Bharat Petroleum Corporation Ltd., Bharat Bhawan, 4 & 6, Currimbhoy Road, Ballard Estate, Mumbai - 400 001. Shri. P.H. Kurian Government Director. Shri. Anant Kumar Singh Government Director. Shri. Rajesh Mangal Independent Director Shri. Deepak Bhojwani Independent Director Shri. Gopal Nanda Independent Director

TENDER NO : CRFQ : 1000263391 ANNEXURE VI

E TENDER PROCESS FOR PRICE BID AND DECLARATION

E-TENDER PROCESS FOR SUBMISSION OF TECHNICAL & PRICE BID

Interested parties may download the tender from BPCL website (http://www.bharatpetrleum.in) or the CPP portal (http://eprocure.gov.in) or from the e-tendering website https://bpcleproc.in and participate in the tender as per the instructions given therein, on or before the due date of the tender. The tender available on BPCL website and the CPP portal can be downloaded for reading purpose only. For participation in the tender, please fill up the tender online on the e-tender system available on https://bpcleproc.in. For registration on the e-tender site https://bpcleproc.in, one can be guided by the Instructions to Vendors available under the download section of the homepage of the website. As the first step, bidder shall have to click the Register link and fill in the requisite information in the Bidder Registration Form. Kindly remember your email id (which is also act as the login ID) and the password entered therein. Once you complete this process correctly, you shall get a system generated mail. Thereafter, login into the portal using your credentials. When you log in for the first time, system will ask you toyoure your Digital Signature. Once you have added the Digital Signature, please inform the vendor administrator [email protected] with a copy to [email protected] for approval. Once approved, bidder can log into the system as and when required. Tender documents with detailed terms and conditions can be obtained from the office of the LPG Equipment Department, Bharat Petroleum Corporation Ltd., Sewree, Mumbai and may be used for submission of technical / price bids. All bids has to be submitted online only before the due date of closing of tender through e-procurement system on https://bpcleproc.in.

Pre-requisite for participation in the tender: In order to bid for the e-tender, all the vendors are required to obtain a legally valid Digital Certificate of Class IIB 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). In case you do not have digital signature certificate, you may contact our e-tendering service provider M/s. ABC Procure Contact no. 079-40016809 / 09099059252 ). The cost of obtaining the digital certificate shall be borne by the vendor. Corrigendum / amendment, if any, shall be notified on the site https://bpcleproc.in. In case any corrigendum / amendment is issued after the submission of the bid, then such vendors who have submitted their bids, shall be intimated about the corrigendum / amendment by a system-generated email. It shall be assumed that the information contained therein has been taken into account by the vendor. They have the choice of making changes in their bid before the due date & time. If the vendor intends to change / revise the bid already submitted, they shall have to withdraw their bid already submitted, change / revise the bid and submit once

http://www.bharatpetrleum.in/http://eprocure.gov.in/https://bpcleproc.in/https://bpcleproc.in/https://bpcleproc.in/mailto:[email protected]:[email protected]://bpcleproc.in/https://bpcleproc.in/



agin. However, if the vendor is not able to complete the submission of the changed / revised bid within due date & time, the system would consider it as no bid has been received from the vendor against the tender and consequently the vendor will be out of contention. The process of change / revise may do so any number if times till the due date and time of submission deadline. However, no bid can be modified after deadline for submission of bids. Once the entire process of submission of online bid is completed, vendor will get an auto mail form the system stating you have successfully submitted you bid in the following tender with tender details. For tenders whose estimated procurement value is more than Rs 10 lacs, vendors can see the rates quoted by all the participating bidders once the price bids are opened. For this purpose, vendors shall have to log into the portal under their user ID and Password, click on the dashboard link against that tender and hose the Result tab. No responsibility will be taken by BPCL and / or the e-procurement service provider for any delay due to connectivity and availability of website. They shall not have any liability to vendors for any interruption or delay in access to the site irrespective of the clause. It is advisable that vendors who are not well conversant or well conversant, with e-tendering procedures, start filling up the tenders much before the due date / time so that there is sufficient time available with vendor to acquaint with all the steps and seek help if they so require. It should be noted that the individual bid becomes viewable only after the opening of the bid on / after the due date and time. Please be reassured that your bid will be viewable only to you and nobody else till due date / time of the tender opening. The non availability of viewing before due date and time is true for e-tendering service provider as well as BPCL officials. Vendors are advised to log on to the website (https://bpcleproc.in) and arrange to register themselves at the earliest. Vendors are required to quote their rates on-line before the due date of closing of the tender. All the attached Tender documents along with the covering letter will form part of the tender. Tenderers are requested to carefully study all the documents/annexures and understand the conditions, specifications, and drawings etc., before quoting their rates. In case of doubt, written clarifications should be obtained, but this shall not be a justification for late submission of the bid or request for extension of due date. Offers should strictly be in accordance with the tender terms & conditions and our specifications. Price Bid details : Basic price of Delrin Cap (In Rs. Per Cap): It includes cost of all raw material, consumables, labour, power, fuel etc. and all applicable duties, Octroi, transit insurance (if tenderer desires so), loading/unloading charges and any other incidental charges and such other duties and levies as may be imposed for sale and delivery of the said Delrin Caps.

https://bpcleproc.in/



Quantity Offered a) The bidder should quote 100% Qty for any Region (including all states of that Region) b) Bidder should not quote if total quantities mention in tender exceeds their supply capacity. ED / CST / VAT (%) : Realistic ED / CST / VAT %, whichever is applicable for bidder, for delivering Delrin Cap to BPCL plants should be quoted. ED / CST / VAT Amount (In words): Will be generated by the system based on the earlier ED / CST / VAT % input given by bidder. Total price per Delrin Cap in words (Rs.): Will be generated by the system based on the earlier input in Rs. Per Cap. Freight (In Rs. Per Cap) : Realistic freight for delivering Delrin Cap to BPCL plants in each state should be quoted including Service tax on freight. Freight amount (In words): Will be generated by the system based on the earlier input in Rs. Per Cap. Net Delivered Price : will be generated by system based on earlier inputs.

GST There will not be commercial evaluation in case of implementation of GST by Govt. However any revision in Tax Rates on a/c of GST, if any, shall be applicable to successful bidders during the contract period. The evaluation of the tenders, will be based on the Net Delivered Price (NDP) calculated less input tax credit, if any, available to BPCL. The award of job will be based on lowest landed cost for each Region. It may be noted that the rates / amounts / percentages as entered in the price bid by the vender will be considered for evaluation & award. Therefore venders are to take great care while quoting & clarify doubt if any from BPCL. Also please note that the responsibility of correct entries of prices & taxes in price bid sheet lies with the vender.



DECLARATIO

E-TENDER FOR SUPPLY OF 280 LAKHS DELRIN CAPS TO VARIOUS ... Documents for Delrin... · e-tender for...

Documents

Transcript of E-TENDER FOR SUPPLY OF 280 LAKHS DELRIN CAPS TO VARIOUS ... Documents for Delrin... · e-tender for...