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LI/15-16/4302/Lubes Page 1
Indian Oil Corporation Ltd.
Marketing Division,
Regd.Office: Indian Oil Bhavan
G-9, Ali Yavar Jung Marg,
Bandra(East),Mumbai: 400 051
Tel : 26447387, Fax : 26447989
email:[email protected]
Ref. : LI/15-16/4302/Lubes 07/01/2016
M/s. _____________________
__________________________
__________________________
__________________________
__________________________
Dear Sirs,
Sub : Tender No. LI/15-16/4302/Lubes for supply of Medium TBN DI Additive
package - OLOA 4594R (St 1410) / LZ 4970 (St 1414).
We intend to procure Medium TBN DI additive package OLOA 4594 R (St 1410)
/ LZ 4970 (St 1414) through e-tendering process.
Please find on website https://iocletenders.gov.in the uploaded tender
documents along with the Tender booklet containing general terms and
conditions (GTC) of the tender pertaining to the current procurement. The
detailed procedure to be followed while submitting the offer has been
explained in the documents provided with this tender. Tender filling instructions
for the bidders and online help in the form of FAQs are available on the
website https://iocletenders.gov.in.You are requested to go through the
Tender documents as well as the Tender booklet carefully and submit your
best offer by uploading the technical bid and price bid as per instructions
given in the tender documents on or before 18:00 hrs. (IST) of 25.01.2016.
You may note the following:
1. Evaluation Criteria: The Tender shall be evaluated based on Location
specific least formulation costing of finished product. Formulation cost
of finished product per MT and Net delivered cost per MT will be worked
out manually outside the system. Net delivered cost per MT will be
arrived at after deducting applicable modvatable / cenvatable
amount and sales tax / VAT setoff as applicable and as claimable by
LI/15-16/4302/Lubes Page 2
M/s. Indian Oil Corporation Ltd from delivered cost per MT. For this
tender Net Delivered cost per MT quoted for supplies in barrels shall be
considered for Formulation cost of finished product per MT.
2. BoQ1 is for price bid pertaining to supply of LZ 4970 (St 1414) for all
locations, hence M/s Lubrizol India Pvt Ltd., Mumbai should quote for
this BoQ1 and for BoQ2 not to be quoted.
BoQ2 is for price bid pertaining to supply of OLOA 4594 R (St 1410) for
all locations, hence M/s Indian Additives Ltd., Mumbai should quote for
these BoQ2 and for BoQ1 not to be quoted.
3. You are requested to sign the integrity agreement & upload in e-tender
website, the format of which is enclosed with the tender documents.
The original copy of Integrity Agreement duly filled, signed & sealed
should also be submitted before the techno-commercial bid opening
date (as indicated in the NIT or corrigendum thereof).
4. Tenderers are requested to upload scan copy of EMD (DD/BG/BC) in
the e-tender portal & arrange to submit original on or before the
technical bid submission / receipt in website date & time.
EMD(DD/BG/BC) physically not received before the techno-
commercial bid submission/uploading date (as indicated in the NIT or
corrigendum thereof) are liable to be rejected.
5. Submission of samples not required for this tender.
6. Security Deposit as per Clause 20 of GTC to be paid and Supply &
Performance Guarantee as per Clause 21 of GTC to be paid by the
successful tenderer.
Witnessing of the techno commercial bid without price (i.e. technical bid)
and the price bid (BOQ) of the tender shall be online at our website.
Thanking you,
Yours faithfully,
For INDIAN OIL CORPORATION LTD.
(S. Sankara Subramoni)
Dy. General Manager (Lube-Inputs)
LI/15-16/4302/Lubes Page 3
CONTENTS
Procurement of Medium TBN DI additive package - LZ 4970 (St 1414) /
OLOA 4594 R (St 1410).
TENDER NO.: LI/15-16/4272/Lubes
Sr. No. Contents
1. Introduction and scope
2. Technical Bid with Commercial Terms without price (Form ‘A’)
3. Special instructions to bidders in e-tendering
4. Declaration by Indian Oil Corporation Ltd & Integrity
Agreement
5. Undertaking by the tenderer(s)
6. General Terms & Conditions (GTC) / Particulars of tenderer /
Information of Company profile and relationship with IOCL’s
Directors / Declaration of black listing / Holiday Listing etc.
7. Additive Purchase Specification to be duly signed as
acceptance of IOCL specification.
8. Instruction to Tenderers with Bank Guarantee format of EMD
LI/15-16/4302/Lubes Page 4
INTRODUCTION & SCOPE
Supply of Medium TBN DI additive package - LZ 4970 (St 1414) / OLOA 4594 R (St
1410).
TENDER NO. : LI/15-16/4302/Lubes
Tender documents availability in website : 07.01.2016 to 25.01.2016
Last date & time for receipt of
Tender in website : 25.01.2016 at 5.00 PM
(Bid Submission Date & Time)
Date of opening of Tender : 27.01.2016 at 11 00 AM.
(Bid Opening Date &Time)
1. We intend to procure Medium TBN DI additive package LZ 4970
(St 1414) / OLOA 4594 R (St 1410) as per the purchase specification
details given in the Tender documents. The quantity requirement
location wise is also given in the enclosed Tender documents.
2. The Tender will be finalized on lowest location wise formulation costing
of finished product using Group II base oils.
3. Our annual requirement of is to be supplied to IOCL’s Asaoti, Kolkata
(Paharpur /Budge Budge) & Silvassa plants as per call ups placed by
the plant. The quantity of procurement is of indicative nature and will
be drawn against call ups to be placed by plants. IOCL further reserves
the right to short close the order at any time during the contract period
before drawing the full quantity.
4. The supplies to our plant are to be made in bulk or non-returnable MS
drum with 170 to 230 Kgs net weight of the additive.
5. The procurement is through e-tendering.
LI/15-16/4302/Lubes Page 5
6.0 Tender Opening:
6.1 The techno commercial bid without price (i.e. technical bid) shall be
opened on the due date as per Notice Inviting Tender (NIT) online and
the priced offer of the tenderer whose unpriced offers are found
technically suitable shall be opened on a suitable date online for which
a separate intimation shall be furnished to the technically acceptable
bidders through email/e-tender website.
6.2 Witnessing of techno-commercial bid opening & Price bid opening of
the tender shall be online at our website.
7.0 Earnest Money Deposit (EMD):
7.1 EMD shall be Rs. 11,87,400/-. (Rupees Eleven lacs eighty seven thousand
and four hundred only)
7.2 “Earnest Money Deposit” (EMD) – Refer GTC of the tender document.
7.3 Tenders are required to upload scan copy of EMD (DD/BG) in the e-tender
portal. The instruments towards EMD shall be put in a sealed envelope
and the envelope shall be super scribed with tender no. & due date and
the same shall be sent to the following address so as to reach on or
before the technical bid submission / receipt in website date & time.
Dy. General Manager (Lube Inputs)
Lubes Department,
6th Floor, Indian Oil Bhavan,
G-9 Ali Yavar Jung Marg,
Bandra (East), Mumbai-400051
Phone: (022) 26447387/26447919
Submission of EMD amount in full is mandatory before tender submission
date & time failing which the tender will be summarily rejected
IOCL shall not be responsible for delay regarding the same due to what so
ever reasons.
8. LANGUAGE OF BID:
Tender and all correspondence and documents relating to the tender
exchanged between the tenderer and IOCL shall be in ENGLISH
language.
LI/15-16/4302/Lubes Page 6
9. LATE BIDS:
No tender can be submitted online after the last date and time for
submission of the tender prescribed in the website
https://iocletenders.gov.in.
Address of Plants: Refer GTC
Signature of Tenderer :
Name of Tenderer :
Address :
Seal :
LI/15-16/4302/Lubes Page 7
INDIAN OIL CORPORATION LTD., H.O.
G-9, ALI YAVAR JUNG MARG,
BANDRA (E), MUMBAI – 400 051
FORM “A”
TECHNICAL BID WITH COMMERCIAL TERMS WITHOUT PRICE
Vendor Lubrizol India Pvt. Ltd., Mumbai
Name of the
material
LZ 4970 (IOC ST.NO. 1414)
(Total Quantity – 888.40 MTs )
Material Required
at
Asaoti
Kolkata
(Paharpur
/ Budge Budge)
Silvassa
Package Barrel or Bulk Barrel or Bulk Barrel or Bulk
Quantity Required
MTs
311.000 222.200 355.200
Quantity Offered
(MTs)
Vendor Indian Additives Ltd., Mumbai
Name of the
material
OLOA 4594 R (IOC ST.NO. 1410)
(Total Quantity – 913.520 MTs )
Material Required
at
Asaoti
Kolkata
(Paharpur
/ Budge Budge)
Silvassa
Package Barrel or Bulk Barrel or Bulk Barrel or Bulk
Quantity Required
MTs
319.770 228.380 365.370
Quantity Offered
(MTs)
LI/15-16/4302/Lubes Page 8
Tentative Delivery
Schedule
To be supplied against monthly indents to be placed by our
Blending Plant / IOC, HO. IOC shall endeavour to place the
monthly indents on pro-rata basis during the period of the
contract. However, for some months the indented quantity
may vary from nil to 2 times of the pro-rata quantity due to
production requirement. During contract period each
dispatch shall be within 15 days from the date of indents
placed on you.
Delivery Schedule
offered
Past Supply
Reference, if any
Packing
Requirement
St 1414 & St 1410 : in new non-returnable MS barrels or in Bulk
Tank Truck for all locations
Please specify
Net weight per
barrel
Vendor Lubrizol India Pvt. Ltd
Stock No Package Net Weight per
barrel / Net wt.
per Bulk T/T
St 1414 Bulk
St 1414 Barrel
Vendor Indian Additives Ltd
Stock No Package Net Weight per
barrel / Net wt.
per Bulk T/T
St 1410 Bulk
St 1410 Barrel
Our payment
terms
In cheque /EFT/ RTGS / Internet within 30 days from the date
of receipt of the material at the location.
Payment terms
agreed
YES
Offer validity
required
120 days from the date of opening of the tender.
Validity of offer
agreed
YES
Period of contract Until & unless mutually extended, for 1 year from the date of
Purchase order / LOI or till the total quantity is supplied,
whichever is earlier.
Period of contract
agreed
YES
LI/15-16/4302/Lubes Page 9
EMD amount to
be paid
Rs 11,87,400/-
Details of EMD
Paid (Please
furnish the
DD/PO/BC/BG no.
and date)
Shelf Life of
Additive (Please
provide Shelf Life
in years)
Best Price clause Refer GTC.
Acceptance of
Best Price clause
YES
Submission of
Integrity
Agreement
YES
Not engaging
Child Labour as
per various labour
laws applicable.
YES
Submission / Uploading of Tender:
1. The tender should be submitted in “two bid system”i.e.“ techno
commercial bids without price (i.e. technical bid)” and “Price bid”.
2. Part–I: The techno commercial bid without price (i.e. technical bid)
complete with all technical and commercial details without price shall
be uploaded essentially containing the following documents in 4
different files as given under:
(i) Scanned copy of the additive purchase specification sheet of
LZ 4970 (St 1414) / OLOA 4594 R (St 1410) as applicable to the tenderer
for their product to be duly signed and stamped as token of
acceptance of the specifications provided by IOCL.
(ii) Scanned copy of the tender booklet comprising of General Terms and
Conditions (GTC), duly signed with Company seal including the
declarations/ data asked for in the tender booklet viz. “Particulars of the
tenderer”, “Information on Company profile and relationship with IOCL
Directors”, declaration of black listing / holiday listing etc. Duly filled in as
applicable.
LI/15-16/4302/Lubes Page 10
(iii) Scanned copy of NIT, and our letter intimating about supply of Medium
TBN crankcase Oil additive package duly signed with Company seal.
Any other documents relevant to the subject tender requirements.
Scanned copy of all pages of “Introduction and Scope” , Form ‘A’ duly
filled and signed on all pages with Company seal .
(iv) Scanned Copy of the EMD amount paid by Demand draft/ Pay
order/banker’s cheque or Bank Guarantee.
The following documents are required to be uploaded under heading
Other Important Documents (OID) :
1. Declaration of Holiday / Black Listing on letter head as per Format in
GTC.
2. Scanned copies of filed Income Tax returns duly acknowledged by the
IT department for the last three completed financial years [2012-13,
2013-14 & 2014-15.
3. Undertaking by tenderer.
4. Integrity Agreement duly filled and signed with seal.
3. Part-II: “Price bid “This part shall have only Price Schedule (BOQ) with
prices duly filled in. Prices shall be filled in the price bid format (excel
sheet) provided with the tender documents (i.e. uploaded in the
website by IOCL). Tenderer’s price bid on their letter head or in any
other file format or scanned copy of price bid etc. will not be
accepted.
4. Instructions related to the price bid format (BOQ)
The price bid format is provided/ uploaded is in excel sheet format. The
rates to be quoted shall be as per the price bid format wherein the unit
of measure is mentioned i.e. all offers shall be on per MT basis. The
tenderer has to select the condition of “excise duty” and “tax” which is
at the right hand most corner of the price bid excel sheet and is
available against every row of item quantity and location. Under Excise
duty two options are available (one being “excise duty %” and another
being “excise duty lumpsum”) which can be accessed by the drop
down arrow button. Similarly for “tax “there are two options available,
one is “VAT in %” and the other “CST in %” which can be accessed by
the drop down arrow button.
LI/15-16/4302/Lubes Page 11
These options are provided in the BOQ along each location line item of
the BOQ where rates are to be filled. Traders who import additives and
stock in their warehouse and do stock-in-sale to IOCL shall fill the
lumpsum modvatable amount (which may be CVD amount + Cess +
Addl. Duties /Special Addl. Duties whichever may be applicable) by
selecting from the drop down menu “excise duty lumpsum”.
Hence, it is utmost important that before feeding the rates or any
number in the BOQ (price bid) the proper selection of excise duty and
tax structure to be done.
4.1 BoQ1 is for price bid pertaining to supply of LZ 4970 (St 1414) for all
locations, hence M/s Lubrizol India Pvt Ltd., Mumbai should quote for
this BoQ1 and for BoQ2 not to be quoted.
BoQ2 is for price bid pertaining to supply of OLOA 4594 R (St 1410) for all
locations, hence M/s Indian Additives Ltd., Mumbai should quote for
these BoQ2 and for BoQ1 not to be quoted.
4.2 After selection of these two criteria (i.e the correct excise duty and
correct tax structure) the rates and the % details as required in
appropriate columns of the BOQ are to be filled. The columns and
the rows where grey colour appears no data is to be filled by the
tenderer. The tenderer in their own interest must cross check the rates
/ figures quoted in the BOQ sheet either by calculator or in another
excel sheet or by any other method of calculation to ensure that the
rate quoted by them in the e-tender BOQ is 100% correct.
This cross check is important and beneficial for the tenderer as in the
uploaded BOQ the total delivered cost is displayed based on the rates
and numbers filled by the tenderer as it internally calculates using
appropriate formula.
Also please refer to Clause no. 14 of the General Terms and Conditions
(GTC) of the tender booklet wherein it has been clearly intimated that
the net delivered cost offered by the party will be considered final and
hence it is very important for the tenderer to fill correct excise duty,
taxes , transportation, octroi , as applicable.
4.3 All efforts have been made for the correct display of the total delivered
cost and net delivered cost per MT based on the formulas incorporated
in the provided / uploaded BOQ (Price bid) sheet. However, IOC still
reserves to calculate based on the rates / figures filled by the tenderer
in the appropriate columns of the price bid for accuracy and
LI/15-16/4302/Lubes Page 12
correctness to decide on the L1 tenderer based on the location
specific formulation cost per MT which will be done outside the system.
Similarly net delivered cost per MT will also be calculated manually
outside the system. Hence, the rates / figures filled by the tenderer in
appropriate columns based on the selection of the condition of
“excise duty” and “tax” which is appropriate for the tenderer i.e.
correct selection of any one out of two options under “Excise duty”
(one being “excise duty %” and another being “excise duty lumpsum”)
and correct selection of any one out of two options under “Tax” ( one
being “VAT in %” and the other “CST in %” ) will be taken into
consideration for manual calculation by IOCL to ensure accuracy and
correctness.
4.4 Applicability of VAT/CST based on suppliers locations
IOC Plant
Location
Vendors
supply
location
Applicable
Sales Tax
Applicable
Vat Set off
VAT CST
against
C Form
Asaoti
Haryana State VAT 0.00
Outside
Haryana
- 2% -
Kolkata(Paharpur
& Budge Budge)
West Bengal
State
VAT - 29.75%
Outside West
Bengal
- 2% -
Mumbai
Taloja
Vashi
Kapri
Maharashtra
State
VAT - 77.47%
Outside
Maharashtra
- 2% -
Silvassa
D&NH UT VAT - 0.00
Outside D&NH
UT
- 2% -
Chennai
Tamilnadu
State
VAT - 60.00%
Outside
Tamilnadu
- 2% -
Tadepalli
Andrapradesh
State
VAT - 0.00
Outside
Andrapradesh
- 2% -
LI/15-16/4302/Lubes Page 13
For working out the VAT amount as well as VAT set off amount apart from
basic rate, Excise duty, Education Cess etc., transportation rate will also be
included.
Regarding CST ---- IOCL will provide ‘C’ Form and hence in the BOQ
the CST % shall be put considering ‘C’ Form only.
4.5 The final delivered cost and the net delivered cost per MT will appear
automatically as formulas are already fed in the excel price bid sheet.
While filling the excel sheet you have to enable the macros, and if
there is any warning like “MACROs have been disabled”, there will be
an option button at the side of this message. You have to click on the
option button and select the “Enable the content”. For assistance the
snap shot of a sample excel sheet is provided below:
We also confirm having quoted our price strictly as per the BOQ format given in
the tender without any deviation.
IMPORTANT NOTE TO ALL TENDERRES
1) In form “A” quantity requirement of additive grade wise/Stock No wise
is given. The tenderer shall fill the offered quantities only against their
additive brand name/Stock No. Against other additive brand
LI/15-16/4302/Lubes Page 14
name/Stock No can be struck through or can mention nil or not
offered.
2) In the price bid (BOQ) the unit delivered rate/net delivered rate is being
taken for per MT of respective additive packages. Please be informed
that the tenderer has to fill the quantity that is offered against this
tender in form “A” and the same will be considered as offered quantity
for this tender.
3) Based on filled BOQ by the tenderers the e tendering system may
generate/throw out /show the L-1/L-2 position in comparative BOQ
statement which is to be ignored as the tender evaluation will be done
based on the location specific formulation cost of finished product
manually outside the system.
If conditions stipulated in this document is found in variance with any
conditions in tender booklet i.e. GTC, the conditions stipulated in this
document will be final and binding on the tenderer.
We Accept the above Conditions: -
Signature of the Bidder:
Designation of the Bidder:
Name & Address of the Bidder:
Telephone No:
Fax No:
E-mail:
Date:
LI/15-16/4302/Lubes Page 15
SPECIAL INSTRUCTION TO BIDDERS IN E-TENDERING
1. Indian Oil Corporation Ltd. has developed a secured and user friendly system
which will enable Vendors / Bidders to Search, View, Download tenders
directly from Indian Oil Corporation Ltd., secured website and also enable
them to participate & submit Online Bids on the e-tendering site
https://iocletenders.gov.in directly in secured and transparent manner
maintaining confidentiality and security throughout the tender evaluation
process and award.
2. All interested bidders are requested to register themselves with the portal
indicated above and enroll their digital certificate with the user id for
participation in the tender.
3. Bidders are requested to read following conditions in conjunction with various
conditions, wherever applicable appearing with this bid invitation for e-
Tendering. The conditions mentioned here in under shall supersede and shall
prevail over the conditions enumerated elsewhere in the tender document.
4. How to submit On-line Bids / Offers electronically against E-tendering?
Vendors / Bidders are advised to read the following instructions for
participating in the electronic tenders directly through internet:
i) Late and delayed Bids / Offers after due date & time shall not be permitted in
E-tendering system. No bid can be submitted after the last date and time of
submission has reached. (However if bidder intends to revise the bid already
submitted, they may change / revise the same on or before the last date and
time of submission of bid). The system time (IST) that will be displayed on e-
tendering web page shall be the reference time and no other time shall be
taken into cognizance.
ii) Bidders are advised in their own interest to ensure that bids are uploaded in
e-tendering system well before the closing date and time of bid.
iii) No bid can be modified after the dead line for submission of bids.
iv) No Manual Bids / Offers along with electronic Bids / Offers shall be permitted.
v) Non submission of tender samples to Lubes Dept., 6th Floor before the due
date and time will result in non opening of the bids submitted online.
5. What is a Digital Signature?
This is a unique digital code which can be transmitted electronically and
primarily identifies a unique sender. The objective of digital signature is to
guarantee that the individual sending the message is who he or she really
claims to be just like the written signature. The Controller of Certifying
Authorities of India (CCA) has authorized certain trusted Certifying Authorities
LI/15-16/4302/Lubes Page 16
(CA) who in turn allot on a regular basis Digital Certificates, Documents which
are signed digitally are legally valid documents as per the Indian IT Act
(2000).
6. Why is a Digital Signature required?
In order to bid for Indian Oil e-tenders all the vendors are required to obtain a
legally valid Digital Certificate as per Indian IT Act from the licensed Certifying
Authorities (CA) operating under the Root Certifying Authority of India (RCAI),
Controller of Certifying Authorities (CCA) of India. The Digital Certificate is
issued by CA in the name of a person authorized for filing Bids / Offers on
behalf of his Company. A Vendor / Bidder can submit their Bids / Offers On-
line only after digitally signing the bid / documents with the above allotted
Digital Signatures.
Bidders have to procure Digital Certificate (Class 3) on their own from any of
the Certifying Authorities in India.
7. Pre-Bid Conference: Any queries in connection with the bid shall be discussed
and clarified during a pre-bid conference as per time and venue specified in
the tender.
8. Submission of Documents: The Unpriced Technical Bids and Price Bid have to
be submitted online only. However, documents which necessarily have to be
submitted in originals like EMD and any other documents mentioned in the
tender documents have to be submitted offline. Prices should not be
submitted in a physical sealed envelope. Indian Oil shall not be responsible in
any way for failure on the part of the bidder to follow the instructions.
It is advised that the bidder uploads small sized documents (preferably upto 5
MB) at a time to facilitate in easy uploading into e-tendering site. Indian Oil
does not take any responsibility in case of failure of the bidder to upload the
documents within specified time of tender submission.
9. Submission and Opening of Bids: Bid along with all the copies of documents
should be submitted in the electronic form only through Indian Oil e-tendering
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.
10. Last Date for Submission of Bids: 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.
11. Resource Requirement: Vendors / Bidders must use any computer having
Windows XP or higher of Window operating system and an internet web
browser version internet explorer V6.0 or higher recommended.
LI/15-16/4302/Lubes Page 17
Note :
Bidders are requested to go through the “Bidders Manual Kit” available in the
homepage of the e-tendering portal i.e. https://iocletenders.gov.in to have a
clear understanding of the steps to be followed for bid submission.
To address any problems/queries/issues faced by vendors, the resource
persons are available to help during working hours as per following details:
Business Hours: Mon – Fri, 09:00 to 16:45 Hrs India Time (IST) (GMT +5:30 Hrs)
Also necessary assistance can be obtained by sending e-mail to
Mr. Shashi Noida 08130634323
Mr. Ankit Gurgaon 09717983330
Mr. Vikrant New
Delhi
09999188919
Mr. Amrit Gurgaon 08447267939
Mr. Sawan Noida 08130269544
Mr.
Deepak
Mumbai 09036366524
Mr.Ashwani Mumbai 08879414448
Mr. Ravi Kolkata 08981665512
LI/15-16/4302/Lubes Page 18
Indian Oil Corporation Ltd.
Marketing Division
Regd.Office: Indian Oil Bhavan
G-9, Ali Yavar Jung Marg,
Bandra(East), Mumbai: 400 051
Tel : 022-26447387 Fax : 26447989
E-mail : [email protected]
Ref. : LI/15-16/4302/Lubes 07/01/2016
M/s Lubrizol India Pvt. Ltd.,
VIP House, 2nd Floor,
88-C, Old Prabhadevi Road,
Mumbai – 400 025.
Dear Sir,
Sub : Tender no. LI/15-16/4302/Lubes for Procurement of Medium TBN DI
additive package
Declaration by Indian Oil Corporation Limited.
Indian Oil Corporation Limited (IOCL) hereby declares that IOCL has signed
an MOU dated 18th January 2008 with Transparency International India for the
adoption of the Integrity Pact Program and stands committed to following the
principles of transparency, equity and competitiveness in public
procurement. The said MOU can be accessed at the IOCL website i.e. http://
www.iocl.com/ Aboutus/ DraftMOU. pdf.
The subject Notice Inviting Tender (NIT) is an invitation to offer made on the
condition that the Bidder will sign the Integrity Agreement, which is an integral
part of tender documents, failing which the tenderer / bidder will stand
disqualified from the tendering process and the bid of the bidder would be
summarily rejected.
Yours faithfully,
For and on behalf of Indian Oil Corporation Limited,
(S Sankara Subramoni)
Dy. General Manager (Lube-Inputs)
LI/15-16/4302/Lubes Page 19
Indian Oil Corporation Ltd.
Marketing Division
Regd.Office: Indian Oil Bhavan
G-9, Ali Yavar Jung Marg,
Bandra(East), Mumbai: 400 051
Tel : 022-26447387 Fax : 26447989
E-mail : [email protected]
Ref. : LI/15-16/4302/Lubes 07/01/2016
M/s Indian Additives Ltd.,
402, Town Centre,
Andheri Kurla Road,
Marol, Andheri East,
Mumbai – 400 059.
Dear Sir,
Sub : Tender no. LI/15-16/4302/Lubes for Procurement of Medium TBN DI
additive package.
Declaration by Indian Oil Corporation Limited.
Indian Oil Corporation Limited (IOCL) hereby declares that IOCL has signed
an MOU dated 18th January 2008 with Transparency International India for the
adoption of the Integrity Pact Program and stands committed to following the
principles of transparency, equity and competitiveness in public
procurement. The said MOU can be accessed at the IOCL website i.e.
http://www.iocl.com/ Aboutus/ DraftMOU.pdf.
The subject Notice Inviting Tender (NIT) is an invitation to offer made on the
condition that the Bidder will sign the Integrity Agreement, which is an integral
part of tender documents, failing which the tenderer / bidder will stand
disqualified from the tendering process and the bid of the bidder would be
summarily rejected.
Yours faithfully,
For and on behalf of Indian Oil Corporation Limited,
(S Sankara Subramoni)
Dy. General Manager (Lube-Inputs)
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Covering Letter required to be signed and submitted by the tenderer
Ref. : Dated :
To,
Indian Oil Corporation Limited
__________________________
__________________________
Sub : Submission of offer for Tender no. ________________________________
for ___________________________________________.
Dear Sir,
The Bidder acknowledges that Indian Oil Corporation Limited (IOCL) has
signed the MOU with Transparency International India for the adoption of the
Integrity Pact Program and stands committed to following the principles
thereof as enumerated in the Integrity Agreement enclosed with the tender
document.
The Bidder agrees that the Notice Inviting Tender (NIT) is an invitation to offer
made on the condition that the Bidder will sign the enclosed Integrity
Agreement, which is an integral part of tender documents, failing which the
tenderer will stand disqualified from the tendering process. The Bidder
acknowledges that the Bid would be kept open in its original form without
variation or modification for a period of ___________ days (state the number of
days from the last date for the receipt of tenders stated in the NIT) AND THE
MAKING OF THE BID SHALL BE REGARDED AS AN UNCONDITIONAL AND
ABSOLUTE ACCEPTANCE of this condition of the NIT.
Bidder confirms acceptance and compliance with the Integrity Agreement in
letter and spirit and further agrees that execution of the said Integrity
Agreement shall be separate and distinct from the main contract, which will
come into existence when bid is finally accepted by IOCL. The Bidder
acknowledges and accepts the duration of the Integrity Agreement, which
shall be in line with Article 8 of the enclosed Integrity Agreement.
Bidder acknowledges that in the event of Bidder’s failure to sign and accept
the Integrity Agreement, while submitting the Bid, IOCL shall have unqualified,
LI/15-16/4302/Lubes Page 21
absolute and unfettered right to disqualify the tenderer and reject the Bid in
accordance with the terms and conditions of the tender.
Yours faithfully,
(Duly authorized Signatory of the Bidder)
(Note : One copy of this letter along with the Integrity Agreement duly signed
must be returned along with offer).
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To be executed on plain paper and submitted along with Technical Bid / Tender
documents for tenders having a estimated value of Rs. 10 crore or more. To be
signed by the bidder and same signatory competent / authorized to sign the
relevant contract on behalf of IOCL.
(______________________Division)
Tender no. : ________________
INTEGRITY AGREEMENT
This Integrity Agreement is made at _____________ on this ________ day of _____
BETWEEN
Indian Oil Corporation Limited, a company duly incorporated and validly
existing under the provisions of Companies Act, 1956 and having its registered
office at Indian Oil Bhavan, 9, Ali Yavar Jung Marg., Bandra (East), Mumbai
400 051 (hereinafter referred as the ‘Principal/Owner’, which expression shall
unless repugnant to the meaning or context hereof include its successors and
permitted assigns)
And
___________________________________________________________________________
________________________ (name and address of the individual / firm /
Company / consortium members through
_________________________________________________
__________________________(mention details of duly authorized signatory)
hereinafter referred to as the ‘Bidder / Contractor’ and which expression shall
unless repugnant to the meaning or context hereof include its successors and
permitted assigns.
Preamble
WHEREAS the Principal / Owner has floated a tender (Tender No. :
________________________________________________________ ) (hereinafter
referred to as “Tender”) and intends to award, under laid down
organizational procedures, contract/s purchase order / work order for
_________________________________________________ (name of contract / order)
or items covered under the tender hereinafter referred to as the “Contract”.
LI/15-16/4302/Lubes Page 23
AND WHEREAS the Principal/Owner values full compliance with relevant laws
of the land, rules, regulations, economic use of resources and of fairness /
transparency in its relation with its Bidder (s) and Contractor (s).
AND WHEREAS, in order to achieve these goals, the Principal / Owner has
appointed Independent External Monitors (IEM), to monitor the Tender
process and the execution of the Contract for compliance with the principles
as laid down in this Agreement.
AND WHEREAS to meet the purpose aforesaid both the parties have agreed
to enter into this Integrity Agreement (hereinafter referred to as “Integrity
Pact” or “Pact”), the terms and conditions of which shall also be read as
integral part and parcel of the Tender documents and Contract between the
parties.
NOW, THEREFORE, in consideration of mutual covenants contained in this
Pact, the parties hereby agree as follows and this Pact witnesseth as under;
Article 1 : Commitment of the Principal / Owner
1) The Principal / Owner commits itself to take all measures necessary to
prevent corruption and to observe the following principles:
a) No employee of the Principal / Owner, personally or through any of his /
her family members, will, in connection with the Tender, or the
execution of the Contract, demand, take a promise for or accept, for
self or third person, any material or immaterial benefit which the person
is not legally entitled to.
b) The Principal / Owner will, during the Tender process, treat all Bidder (s)
with equity and reason. The Principal / Owner will, in particular, before
and during the Tender process, provide to all Bidder (s) the same
information and will not provide to any Bidder(s) confidential /
additional information through which the Bidder(s) could obtain an
advantage in relation to the Tender process or the Contract execution.
c) The Principal / Owner shall endeavour to exclude from the Tender
process any person, whose conduct in the past has been of biased
nature.
2) If the Principal / Owner obtains information on the conduct of any of its
employees which is a criminal offence under the Indian Penal Code
LI/15-16/4302/Lubes Page 24
(IPC) / Prevention of Corruption Act, 1988 (PC Act) or is in violation of
the principles herein mentioned or if there be a substantive suspicion in
this regard, the Principal / Owner will inform the Chief Vigilance Officer
and in addition can also initiate disciplinary actions as per its internal
laid down policies and procedures.
Article 2 – Commitments of the Bidder(s) / Contractor(s)
1) The Bidder(s) / Contractor(s) commits himself to take all measures
necessary to prevent corruption. He commits himself to observe the
following principles during his participation in the Tender process and
during the Contract execution:
a) The Bidder (s) / Contractor (s) will not, directly or through another
person or firm, offer, promise or give to any of the Principal / Owner’s
employees involved in the Tender process or execution of the Contract
or to any third person any material or other benefit which he / she is not
legally entitled to, in order to obtain in exchange any advantage or
any kind whatsoever during the Tender process or during the execution
of the Contract.
b) The Bidder (s) / Contractor (s) will not enter with other Bidder (s) 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 cartelize in the bidding process.
c) The Bidder (s) / Contractor(s) will not commit any offence under the
relevant IPC / PC Act. Further the Bidder (s) / Contractor(s) will not use
improperly, (for the purpose of competition or personal gain), or pass
on to others, any information or document provided by the Principal /
Owner as part of the business relationship, regarding plans, technical
proposals and business details, including information contained or
transmitted electronically.
d) The Bidder (s) / Contractor(s) of foreign origin shall disclose the names
and addresses of agents / representatives in India, if any. Similarly
Bidder(s) / Contractor(s) of Indian Nationality shall disclose names and
addresses of foreign agents / representatives, if any. Either the Indian
agent on behalf of the foreign principal or the foreign principal directly
could bid in a tender but not both. Further, in cases where an agent
participates in a tender on behalf of one manufacturer, he would not
LI/15-16/4302/Lubes Page 25
be allowed to quote on behalf of another manufacturer along with the
first manufacturer in a subsequent / parallel tender for the same item.
Copy of CVC guidelines dated 21.04.2004 is annexed hereto as
Annexure A.
e) The Bidder(s) / Contractor(s) 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(s)/Contractor(s) will not instigate third persons to commit
offences outlines above or be an accessory to such offences.
Article 3 – Disqualification from Tender Process and exclusion from future
contracts.
1. If the Bidder(s)/Contractor(s), either before award or during execution
of Contract has committed a transgression through a violation of Article
2 above or in any other form, such as to put his reliability or credibility in
question, the Principal / Owner is entitled to disqualify the
Bidder(s)/Contractor(s) from the Tender process or terminate the
Contract, if already executed or exclude the Bidder / Contractor from
future contract award processes. The imposition and duration of the
exclusion will be determined by the severity of transgression and
determined by the Principal / Owner. Such exclusion may be for a
period of 1 year to 3 years as per the procedure prescribed in the
guidelines for holiday listing of the Principal / Owner.
2. The Bidder / Contractor accepts and undertakes to respect and
uphold the Principal / Owner’s absolute right to resort to and impose
such exclusion.
3. Apart from the above, the Principal / Owner may take action for
banning of business dealings / holiday listing of the Bidder / Contractor
as deemed fit by the Principal / Owner.
Article 4 – Consequences of Breach
Without prejudice to any rights that may be available to the Principal / Owner
under law or the Contract or its established policies and laid down
procedures, the Principal / Owner shall have the following rights in case of
breach of this Integrity Pact by the Bidder / Contractor(s):
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1) Forfeiture of EMD / Security Deposit: If the Principal / Owner has
disqualified the Bidder (s) from the Tender process prior to the award of
the Contract or terminated the Contract or has accrued the right to
terminate the Contract according to Article 3, the Principal / Owner
apart from exercising any legal rights that may have accrued to the
Principal / Owner, may in its considered opinion forfeit the Earnest
Money Deposit / Bid- Security amount of the Bidder / Contractor.
2) Criminal Liability: If the Principal / Owner obtains knowledge of conduct
of a Bidder or Contractor, or of an employee or a representative or an
associate of a Bidder or Contractor which constitutes corruption within
the meaning of PC Act, or if the Principal / Owner has substantive
suspicion in this regard, the Principal / Owner will inform the same to the
Chief Vigilance Officer.
Article 5 – Previous Transgression
1) The Bidder declares that no previous transgressions occurred in the last
3 years with any other Company in any country confirming to the anti-
corruption 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 action can be taken for
banning of business dealings / holiday listing of the Bidder / Contractor
as deemed fit by the Principal / Owner.
3) If the Bidder / Contractor can prove that he has resorted / recouped
the damage caused by him and has installed a suitable corruption
prevention system, the Principal / Owner may, at its own discretion as
per laid down organizational procedures, revoke the exclusion
prematurely.
Article 6 – Equal Treatment of all Bidders / Contractors / Subcontractors
1) The Bidder(s) / Contractor(s) undertake(s) to demand from all
subcontractors a commitment in conformity with this integrity Pact. The
Bidder / Contractor shall be responsible for any violation(s) of the
principles laid down in this Pact by any of its Sub-contractors / sub-
vendors.
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2) The Principal / Owner will enter into Pacts on identical terms as this one
with all Bidders and Contractors.
3) The Principal / Owner will disqualify Bidder, who do not submit, the duly
signed Pact between the Principal / Owner and the bidder, along with
the Tender or violate its provisions at any stage of the Tender process,
from the Tender process.
Article 7 – Independent External Monitor (IEM)
1) The Principal / Owner has appointed competent and credible
independent External Monitor(s) (IEM) 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 Pact.
2) The IEM is not subject to instructions by the representatives of the parties
and performs his functions neutrally and independently. He reports to
the Chairman, Indian Oil Corporation Limited.
3) The Bidder(s) / Contractor(s) accepts that the IEM has the right to
access, without restriction, to all Project documentation of the Principal
/ Owner including that provided by the Contractor. The Contractor will
also grant the IEM, upon his request and demonstration of a valid
interest, unrestricted and unconditional access to his or any of his Sub-
Contractor’s project documentation. The IEM is under contractual
obligation to treat the information and documents of the
Bidder(s)/Contractor(s)/Subcontractor(s) with confidentiality.
4) In case of tenders having estimated value of Rs. 150 crores or more, the
Principal / Owner will provide to the IEM sufficient information about all
the meetings among the parties related to the Project and shall keep
the IEM apprised of all the developments in the Tender process.
5) As soon as the IEM notices, or believes to notice, a violation of this Pact,
he will so inform the Management of the Principal / Owner and request
the Management to discontinue or take corrective action, or to take
other relevant action. The IEM can in this regard submit non-binding
recommendations. Beyond this, the IEM has no right to demand from
the parties that they act in a specific manner, refrain from action or
tolerate action.
6) The IEM will submit a written report to the Chairman, Indian Oil
Corporation Limited within 6 to 8 weeks from the date of reference or
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intimation to him by the Principal / Owner and, should the occasion
arise, submit proposals for correcting problematic situations.
7) If the IEM has reported to the Chairman, Indian Oil Corporation Limited
a substantiated suspicion of an offence under the relevant IPC/PC Act,
and the Chairman, IOCL has not, within reasonable time taken visible
action to proceed against such offence or reported it to the Chief
Vigilance Officer, the IEM may also transmit the information directly to
the Central Vigilance Commissioner.
8) The word “IEM” would include both singular and plural.
Article 8 – Duration of the Pact
This Pact begins when both the parties have legally signed it. It expires for the
Contractor / Vendor 12 months after the completion of work under the
Contract or till the continuation of defect liability period, whichever is more
and for all other Bidders, till the Contract has been awarded.
If any claim is made / lodged during the 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 the Chairman, IOCL.
Article 9 – Other Provisions
1) This Pact is subject to Indian law, place of performance and jurisdiction
is the Head Office / Head quarters of the Division of the Principal /
Owner who has floated the Tender.
2) Changes and supplements need to be made in writing. Side
agreements have not been made.
3) If the Contractor is a partnership or a consortium, this Pact must be
signed by all the partners and consortium members. In case of a
Company, the Pact must be signed by a representative duly authorized
by board resolution.
4) Should one or several provisions of this Pact turn out to be invalid, the
remainder of this Pact remains valid. In this case, the parties will strive to
come to an agreement to their original intentions.
5) Any dispute or difference arising between the parties with regard to the
terms of this Pact, any action taken by the Owner / Principal in
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accordance with this Pact or interpretation thereof shall not be subject
to arbitration.
Article 10 – Legal and Prior rights
All rights and remedies of the parties hereto shall be in addition to all the other
legal rights and remedies belonging to such parties under the Contract and /
or law and the same shall be deemed to be cumulative and not alternative to
such legal rights and remedies aforesaid. For the sake of brevity, both the
Parties agree that this Pact will have precedence over the Tender / Contract
documents with regard any of the provisions covered under this Pact.
IN WITNESS WHEREOF the parties have signed and executed this Pact at the
place and date first above mentioned in the presence of following witnesses :
__________________________________________
(For and on behalf of Principal / Owner)
__________________________________________
(For and on behalf of Bidder / Contractor)
WITNESSES :
1. _________________________ (signature, name and address)
_________________________
_________________________
2. _________________________ (signature, name and address)
_________________________
_________________________
Note : In case of Purchase Orders wherein formal agreements are not
signed, references to witnesses may be deleted from the last part of the
Agreement.
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UNDERTAKING BY THE TENDERER(S)
NAME OF WORK: Tender Title
Tender No.: XXXXXXXXX
We confirm that we have quoted the rates in the tender considering Inter-alia
the
1. Tender Document
2. Price bid(BoQ) sheets
3. General Purchase Condition (GPC)
4. Special Terms & Conditions of the Tender
5. Technical specifications including drawings
6. Corrigendums (if any)
7. Annexures (if any)
We ________________________________________________________ (Name of the
Tenderer) hereby certify that we have fully read and thoroughly understood
the tender requirements and accept all terms and conditions of the tender
including all corrigendum/addendum issued, if any. Our offer is in
confirmation to all the terms and conditions of the tender including all
corrigendum/addendum, if any and minutes of the pre-bid meeting. In the
event of award of contract to us, the complete tender document shall be
considered for constitution of Contract Agreement.
SIGNED FOR AND ON BEHALF OF TENDERER(S)
Name of Tenderer(s)
Date : _ _/_ _/_ _ _ _
Place :
Seal & Signature of Tenderer
NOTE:
This declaration should be signed by the Tenderer's authorized representative
ON COMPANY LETTERHEAD who is signing the Bid and scanned copy to be
uploaded as a part of tender document.