TENDER FOR AWARD OF CONTRACT FOR IVRS BASED LPG … · 2013. 12. 2. · IVRS through the telecom....

35
Page 1 of 35 TENDER NO.: LPG.HQ.IVRS.2012 RELEASE DATE: 01/10/2012 AT 10.00 HRS DUE DATE & TIME: 25/10/2012 AT 15.00 HRS TENDER FOR AWARD OF CONTRACT FOR IVRS BASED LPG REFILL BOOKING SYSTEM FOR M/S BHARAT PETROLEUM CORPORATION LIMITED. BHARAT PETROLEUM CORPORATION LTD, BHARAT BHAVAN II, LPG DEPARTMENT 5 TH FLOOR, BALLARD ESTATE, MUMBAI - 400 001

Transcript of TENDER FOR AWARD OF CONTRACT FOR IVRS BASED LPG … · 2013. 12. 2. · IVRS through the telecom....

Page 1: TENDER FOR AWARD OF CONTRACT FOR IVRS BASED LPG … · 2013. 12. 2. · IVRS through the telecom. 2. Bidder shall have experience of having implementing minimum one project of call

Page 1 of 35

TENDER NO.: LPG.HQ.IVRS.2012

RELEASE DATE: 01/10/2012 AT 10.00 HRS

DUE DATE & TIME: 25/10/2012 AT 15.00 HRS

TENDER FOR AWARD OF CONTRACT FOR IVRS BASED LPG REFILL BOOKING SYSTEM FOR M/S BHARAT PETROLEUM CORPORATION LIMITED.

BHARAT PETROLEUM CORPORATION LTD, BHARAT BHAVAN – II, LPG DEPARTMENT 5TH FLOOR, BALLARD ESTATE, MUMBAI - 400 001

Page 2: TENDER FOR AWARD OF CONTRACT FOR IVRS BASED LPG … · 2013. 12. 2. · IVRS through the telecom. 2. Bidder shall have experience of having implementing minimum one project of call

Page 2 of 35

CONTENTS SR. DESCRIPTION

1. Notice Inviting Tender

2. General Instructions to vendors for e-tendering 3. Technical/ Commercial Bid Abstract

4. Introduction

5 Bid Details

6. Technical Specifications

7 Commercial terms and conditions of contract

8. Special terms and conditions of contract

9. General terms and conditions of contract

10. State-wise customer population – indicative list 11. Format of price bid

Page 3: TENDER FOR AWARD OF CONTRACT FOR IVRS BASED LPG … · 2013. 12. 2. · IVRS through the telecom. 2. Bidder shall have experience of having implementing minimum one project of call

Page 3 of 35

1. NOTICE INVITING TENDER

TENDERS ARE INVITED FOR AWARD OF CONTRACT FOR IVRS BASED LPG REFILL BOOKING SYSTEM FOR M/S BHARAT PETROLEUM CORPORATION LIMITED.

Eligibility Criteria The intending bidders for the above tender should meet the qualifications as given below:-

1. The Bidder shall be a Telecom Service provider registered with

TRAI, having operation in all telecom circles as on date of the tender.

(OR)

Value Added Service Providers (VASPs) having minimum three years experience of handling/ managing similar line of business i.e.

IVRS through the telecom.

2. Bidder shall have experience of having implementing minimum one

project of call handling of minimum 1 lakhs transactions per day (in addition to any existing business they are carrying) on IVRS based

VAS application through telecom during the last 3 years financial years. Bidder to attach proof for such project with customer certificate of satisfactory performance of the system.

3. Bidder should have a minimum Annual financial turnover of

Rs. 6 cr. On annualized basis in any one financial year during the preceding 3 financial years.

4. Bidder should not have been black listed / put on holiday list for any

period by PSU / Govt. Departments on the date of release of the tender.

Downloading Of Documents: Tender documents can be downloaded from BPCL web Site

http://www.bharatpetroleum.in at the following link Energis ing Business

Tenders Search Tenders by categories LPG Others by the interested

parties. Details of the tender can also be viewed at

https://bpcl.eproc.in and http://eprocure.gov.in Corrigendum, if any, shall be given at above mentioned websites.

Pre bid meeting: 08/10/2012 AT 15.00 HRS at BPCL, Ballard Estate Office. One representative (authorized) having sound knowledge of the system / bid, carrying authority letter on letter head duly signed by the authorized signatory is allowed to participate in the per-bid meeting. Submission: Vendors are required to submit bid only online mode on or before the due

Page 4: TENDER FOR AWARD OF CONTRACT FOR IVRS BASED LPG … · 2013. 12. 2. · IVRS through the telecom. 2. Bidder shall have experience of having implementing minimum one project of call

Page 4 of 35

date of closing of the tender. No manual bids/offers along with electronic bids/offers shall be permitted.

The DDs for EMD, Tender Fee, proof for exemption (if applicable) with covering letter on the original letterhead of the vendor, signed, and stamped by

authorized person to be put in a sealed envelope marked “Tender for Award of contract for IVRS based LPG Refill booking system for BPCL” and should be dropped on or before the due date of the tender in the Tender

BOX available at the following office of BPCL (these documents shall not be accepted by courier / post / or in person. ).

.BHARAT PETROLEUM CORPORATION LTD,

BHARAT BHAVAN – II, IS DEPARTMENT, 2nd FLOOR ,

BALLARD ESTATE, MUMBAI - 400 001

For any clarification kindly contact the person mentioned below:

Chief Manager Business Information (LPG)

BHARAT PETROLEUM CORPORATION LTD,

BHARAT BHAVAN – II,

LPG DEPARTMENT, 5TH FLOOR,

BALLARD ESTATE, MUMBAI - 400 001

022-22713747

Page 5: TENDER FOR AWARD OF CONTRACT FOR IVRS BASED LPG … · 2013. 12. 2. · IVRS through the telecom. 2. Bidder shall have experience of having implementing minimum one project of call

Page 5 of 35

2. General Instructions to vendors for e-tendering

1. Tender document with detailed terms and conditions is available on our website https://bpcl.eproc.in. Interested parties may download the same and participate in the tender as per the instructions given therein, on or before the due date of the tender. The tender shall have to be submitted online through the e-procurement system on https://bpcl.eproc.in.

2. As a pre-requisite for participation in the tender, vendors are required to

obtain a 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). The cost of obtaining the digital certificate shall be borne by the vendor.

In case any vendor so desires, he may contact our e-procurement service

provider M/s. C1 India Pvt. Ltd., Mumbai (Contact no. +91-22-66865600/ 65281885/ 65281886) for obtaining the digital signature certificate.

3. Corrigendum/amendment, if any, shall be notified on the site

https://bpcl.eproc.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 and time.

4. Vendors are required to complete the following process online on or before the due date of closing of the tender:

i Tender documents to be down loaded in full and the same has to be uploaded in bid common form while submitting the tender online. (Do not send any hard copy of the tender document)

ii Notify the deviations if any, the specifications/purchase conditions

in the forms provided for this purpose. 5. Price bid of only those vendors shall be opened whose Techno-

Commercial bid is found to be acceptable to us. The schedule for opening the price bid shall be advised separately.

6. Directions for submitting online offers, electronically, against e-

procurement tenders directly through internet:

(i) Vendors are advised to log on to the website (https://bpcl.eproc.in) and arrange to register themselves at the earliest.

(ii) The system time (IST) that will be displayed on e-Procurement web

page shall be the time considered for determining the expiry of due

Page 6: TENDER FOR AWARD OF CONTRACT FOR IVRS BASED LPG … · 2013. 12. 2. · IVRS through the telecom. 2. Bidder shall have experience of having implementing minimum one project of call

Page 6 of 35

date and time of the tender and no other time shall be taken into cognizance.

(iii) Vendors are advised in their own interest to ensure that their bids are submitted in e-Procurement system well before the closing date and time of bid. If the vendor intends to change/revise the bid already entered, he may do so any number of times till the due date and time of submission deadline. However, no bid can be modified after the deadline for submission of bids.

(iv) Once the entire process of submission of online bid is complete, the vendors are required to go to option own bid view through dashboard and take the print of the envelope receipt as a proof of submitted bid.

(v) Bids / Offers shall not be permitted in e-procurement system after the due date / time of tender. Hence, no bid can be submitted after the due date and time of submission has elapsed.

(vi) No manual bids/offers along with electronic bids/offers shall be permitted.

7. Once the price bids are opened, vendors can see the rates quoted by all the participating bidders by logging on to the portal under their user ID and password and clicking on Other Bids view.

8. 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 cause. It is advisable that vendors who are not well conversant with e-tendering procedures, start filling up the tenders much before the due date /time so that there is sufficient time available with him/her to acquaint with all the steps and seek help if they so require. Even for those who are conversant with this type of e-tendering, it is suggested to complete all the activities ahead of time. It should be noted that the individual bid becomes viewable only after the opening of the bid on/after the due date and time. Please be reassured that your bid will be viewable only to you and nobody else till the due date/ time of the tender opening. The non availability of viewing before due date and time is true for e-tendering service provider as well as BPCL officials.

9. BPCL and/or the e-procurement service provider shall not be responsible

for any direct or indirect loss or damages and or consequential damages, arising out of the bidding process including but not limited to systems problems, inability to use the system, loss of electronic information etc.

Page 7: TENDER FOR AWARD OF CONTRACT FOR IVRS BASED LPG … · 2013. 12. 2. · IVRS through the telecom. 2. Bidder shall have experience of having implementing minimum one project of call

Page 7 of 35

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

For system related issues : Help Desk of M/s.C1 India at +91-22-66865600/ 65281885/ 65281886

(Help Desk is available between 10.00 to 18.30 Hrs; Monday to Friday) followed with a e-mail to id [email protected] & [email protected]

For tender related issues : Chief Manager Business Information (LPG) of M/s. BPCL at contact no.

+91-22-22713747 / 9820410984 (between 10.00 to 17.00 Hrs; Monday to Friday) e-mail to ID [email protected]

Page 8: TENDER FOR AWARD OF CONTRACT FOR IVRS BASED LPG … · 2013. 12. 2. · IVRS through the telecom. 2. Bidder shall have experience of having implementing minimum one project of call

Page 8 of 35

3. Technical/ Commercial Bid Abstract

(TO BE SUBMITTED ONLINE IN THE BID)

Sl. No.

Details BPCL’s requirement

Remark

1

Registration with TRAI as telecom service provider having operation in all telecom circles as on date of release of the tender

Proof of registration to be submitted in the bid

Yes/No

2

Income Tax Returns for the last three years To be submitted in the bid

Yes/No

3

Audited Balance Sheet for last three years To be submitted in the bid

Yes/No

4

Latest Solvency Certificate in original dated after the release of the tender

To be submitted in the bid

Yes/No

5

Validity of offer: 180 days from the date of opening of price bid of the tender (Price Bid).

Confirmation Yes/No

6

Entire work should be completed within a period of 12 weeks. Start date will be reckoned from the date Letter of Intent (LOI) and thereafter monthly payments due to the contractor will commence for a period of 2 years.

Confirmation Yes/No

7

Tender documents to be down loaded in full and the same has to be uploaded in bid common form while submitting the tender online.(Do not send any hard copy of the tender document)

Yes/No

8

Confirm that there are no deviations/amendments. from tender conditions

To be checked and confirmed.

Yes/No

9

Submission of Performa of price bids and confirmation that the Price bid (s) does not contain any condition

Confirmation Yes/No

10

Bidder should not have been black listed / put on holiday list for any period by PSU / Govt. Departments on the date of release of the tender.

Confirmation Yes/No

11

Confirm that the Price quoted is in Indian Rupees. (Rs)

Confirmation Yes/No

12

Power of Attorney in original or notarized for proof of authorization of person who has signed the tender.

To be submitted in the bid

Yes/No

Page 9: TENDER FOR AWARD OF CONTRACT FOR IVRS BASED LPG … · 2013. 12. 2. · IVRS through the telecom. 2. Bidder shall have experience of having implementing minimum one project of call

Page 9 of 35

13

Acceptance of Payment through NEFT MODE.

Confirmation Yes/No

14

Bank Account Details (Name of Bank, A/c No, City etc)

Duly filled format for NEFT, along with a cancelled cheque in the bid

Yes/No

15

Confirm that Vendor is having a complete and robust IVRS through telecom based VAS in place.

Confirmation Yes/No

16

Furnish the details of the location of the IVRS servers

Details to be submitted in the bid

Yes/No

17

The performance certificate from the user, where the system handles minimum 1 lakh transactions per day on IVRS based VAS through application through telecom

Certificates submitted in the bid

Yes/No

18

Official Licensed Certificate of the IVRS system

Certificates submitted in the bid

Yes/No

19

Proof of appropriate tie-ups with telecom companies to ensure uninterrupted PAN India operation/ service during the contract period.

To be submitted in the bid

Yes/No

20

Bidder will ensure that during the contract period, all relevant TRAI regulations for SMS & IVRS related transactions are met and adhered to. It is the responsibility of bidder to

indemnify BPCL on any issues arising out of TRAI regulations.

Confirmation Yes/No

21

The successful bidder, within 15 days from the

issue of LOI, shall have to provide to the company Security Deposit by way of Bank Guarantee in the standard format provided by the company, for a amount equivalent to 10% of the total tendered value. The validity of the bank guarantee must be for a period of 30 months from the date of LOI.

Confirmation Yes/No

22

In case Party fails to provide the required services letter of warning will be issued to the party. If 3 letters are issued to the party, within 90 days, BPCL reserves the right to take services from other Party that may be decided by the Corporation. Any extra cost incurred by BPCL during that period of time will be adjusted against the outstanding bills of the Party or against the Security Deposit

Page 10: TENDER FOR AWARD OF CONTRACT FOR IVRS BASED LPG … · 2013. 12. 2. · IVRS through the telecom. 2. Bidder shall have experience of having implementing minimum one project of call

Page 10 of 35

which the Party has deposited while signing the contract.

23

Declaration of relationship with BPCL To be submitted in the bid

Yes/No

24

Tenderer „s confirmations To be submitted in the bid

Yes/No

25

Proforma of Bank guarantee (as token of acceptance)

To be submitted in the bid

Yes/No

26

Integrity Pact to be signed in all pages by the authorized person and uploaded in the bid

To be submitted in the bid

Yes/No

27

The successful bidder to evolve the process to promote the refill booking through IVR. This process to be approved by BPCL and the same has to be executed by the vendor at no extra cost to BPCL.

Confirmation Yes/No

28

Value Added Service Providers (VASPs) having minimum three years experience of handling / managing similar line of business i.e. IVRS through the telecom.

Confirmation Yes/No

Page 11: TENDER FOR AWARD OF CONTRACT FOR IVRS BASED LPG … · 2013. 12. 2. · IVRS through the telecom. 2. Bidder shall have experience of having implementing minimum one project of call

Page 11 of 35

4.INTRODUCTION

ABOUT THE COMPANY Bharat Petroleum Corporation Ltd. (BPCL) is one of the leading Oil Refining and Marketing companies in the country. BPCL is also one among the Fortune 500 companies. The company produces a diverse range of products, from petrochemicals and solvents to aircraft fuel and specialty lubricants and markets them through its wide network of Petrol Pump Outlets, Kerosene Dealers, LPG Distributors and Lube distributors/ Shoppers. BPCL also suppl ies fuel direct ly to var ious industr ies and several international and domestic airlines. BPCL group of companies comprising of BPCL, KRL& NRL, BORL. Today, BPCL is structured into a Corporate Centre, Strategic Business Units (SBUs), Shared Services and Entit ies. The organizational design comprising of Six customer-centric SBUs, viz. Aviation, Industrial & Commercial, LPG, Lubricants/ Gas and Retail and one asset based SBU, viz. Refinery. For more information about the company, please visit our website http://www.bharatpetroleum.in

THE LPG SBU Bharatgas from Bharat Petroleum has dominated the Liquefied Petroleum Gas (LPG) market in India for over three decades. Today over 30 million homes in India, wake up each morning to enjoy the cup that cheers prepared on Bharatgas. Similarly, hundreds of commercial and industrial establishments start their day, confident and secure, having entrusted their LPG needs to Bharat Petroleum. A pioneer in more ways than one, Bharatgas has brought many innovative offerings to the customers. To know more please visit www.ebharatgas.com

Page 12: TENDER FOR AWARD OF CONTRACT FOR IVRS BASED LPG … · 2013. 12. 2. · IVRS through the telecom. 2. Bidder shall have experience of having implementing minimum one project of call

Page 12 of 35

5. BID DETAILS

Scope of work 1. Customers to use IVRS, as per their plan with the telecom company.

2. No extra charges to be levied on customer for availing this facility

3. Single 10-digit number for IVRS for each telecom circle.

4. Provision for 3 languages for IVRS including one local language, English and Hindi.

5. For each refill booking made by IVRS, apart from booking confirmation (voice), there

will be two return SMS will be sent to the mobile no registered for receiving the

SMS.

a. First SMS immediately on receiving the booking giving the refill booking

reference no.

b. Second one shall be for the delivery confirmation, after the delivery is made.

6. The vendor has to pass on the booking request received through IVRs to BPCL

server – online.

7. BPCL server shall do the following:

a. Validation of refill booking

b. Generating response messages

c. Issuing booking reference numbers centrally for valid bookings

d. Handle the entire communication to distributor PC such as:

i. Pulling bookings to the distributor PC

ii. Receiving delivery confirmation from the distributor PC

8. The vendor has to receive online two responses from BPCL server; one for the

booking received and another after the delivery is made.

9. The vendor has to deliver the first response as voice message to IVRS bookings.

10. The vendor has to deliver both the responses as SMS to the customers.

11. The following facilities are not part of the scope of the tender:

a. Refill booking through SMS

b. Web / Internet Booking facility

c. Registration of telephone nos.

d. Status enquiry of Bookings / Delivery

e. Complaint handling

12. Existing phone numbers of the distributors shall be loaded in the system to validate

refill bookings through IVRS for the walk-in customers.

Page 13: TENDER FOR AWARD OF CONTRACT FOR IVRS BASED LPG … · 2013. 12. 2. · IVRS through the telecom. 2. Bidder shall have experience of having implementing minimum one project of call

Page 13 of 35

Instructions to Bidders

1. Bidder should submit documentary proof in support of all the eligibility Criteria

mentioned

2. During the period of contract, in case Party fails to provide the required services as per

the tender, letter of warning will be issued to the party. If 3 letters are issued to the

party, within 90 days, BPCL reserves the right to take services from other Party to

maintain the continuity of the facility as intended in the tender and any extra cost

incurred by BPCL on this account will be recovered from the outstanding bills of the

Party or from the Security Deposit which the Party has deposited while signing the

contract.

3. Telephone nos. circle-wise will remain the property of BPCL

4. Bidder shall provide all required approvals from TRAI for SMS & IVRS related

transactions.

5. Bidder will ensure that during the contract period, all relevant TRAI regulations

for SMS & IVRS related transactions are met and adhered to. It is the

responsibility of bidder to indemnify BPCL on any issues arising out of TRAI

regulations.

6. This tender shall be for all places across the country, wherever, the telephone/ mobile

connectivity is available.

7. As a part of customer convenience the following ease of booking LPG refill methods

such as Web, SMS, IVRS, RBS, walk-in customer, local calls to distributors, missed

calls, barcode, smart card are available. These modes will continue.

8. The offer / quotation bid will be valid for a period of 180 days from the date of opening of

tender (Price Bid).

9. The bidders should be required to submit a Non-refundable Tender Fee Rs. 5,000 (Rs.

Five Thousand only) along with the Bid submission. The Tender Fee amount should be

in the form of Demand Draft

10. The bidders should be required to submit an EMD of Rs. 5 lakhs along with the Bid

submission. The EMD amount should be in the form of Demand Draft.

11. SSI Units registered with NSIC are exempted from Tender Fee & EMD payments

12. Tenderers have to sign an Integrity Pact (IP) as per the BPCL format.

13. The successful bidder, within 15 days from the issue of LOI, shall have to provide to the

company Security Deposit by way of Bank Guarantee in the standard format provided

by the company, for a amount equivalent to 10% of the total tendered value. The

validity of the bank guarantee must be for a period of 30 months from the date of LOI.

Page 14: TENDER FOR AWARD OF CONTRACT FOR IVRS BASED LPG … · 2013. 12. 2. · IVRS through the telecom. 2. Bidder shall have experience of having implementing minimum one project of call

Page 14 of 35

14. Entire work should be completed within a period of 12 weeks. Start date will be

reckoned from the date Letter of Intent (LOI). The contract will commence for a period of

2 years.

15. The successful bidder to evolve the process to promote the refill booking through IVRS.

This process to be approved by BPCL and the same has to be executed by the vendor

at no extra cost to BPCL.

16. The management approach and strategy for the completion of the project, which

includes methodology, project plan including activity charts, deadlines, milestones,

activity wise timelines, resource profile, etc to be provided.

17. Tools and documentation used for the project. The project organization structure,

communication, training schedule, project schedule, staffing, number of teams working

simultaneously, at sites etc should also be provided.

18. Interfacing / integration of the solution with BPCL‟s central system..

19. Details of vendor‟s infrastructure and local support in India and service response time in

case of a failure to be provided

20. BPCL reserves its right to allow Price / Purchase preference to Central Public Sector

Enterprises as admissible under Government Policy.

21. BPCL reserves the right to reject any or all the tenders or to withdraw / modify this

tender without assigning any reason thereof

22. If anytime during the tender evaluation process or validity of the contract, it comes to the

knowledge of the Corporation that the information given by the Transporter prior to

entering into this contract in the tender form is wrong / forged / fictitious or any material

facts have been concealed, the Corporation reserves the right to cancel the contract.

The Corporation also reserves the right to take any other action including blacklisting.

Technical Evaluation criteria

1. The technical bid shall be opened after the due date of submission.

2. The submission of Tender fee and EMD / exemption certificate if applicable will be

checked. If not in found as per the requirement, the bid will not be considered.

3. The bidders meeting the eligibility criteria will only be considered for tender evaluation.

4. The Technical/ Commercial Bid Abstract will be evaluated for the supporting documents

5. Bidders who are meeting the eligibility criteria and who have submitted the bid

documents meeting the tender conditions will be called for making

presentation/demonstration to establish their technical capability as per the tender

specifications. This shall be a part of technical evaluation.

Page 15: TENDER FOR AWARD OF CONTRACT FOR IVRS BASED LPG … · 2013. 12. 2. · IVRS through the telecom. 2. Bidder shall have experience of having implementing minimum one project of call

Page 15 of 35

6. Commercial bid of only those vendors who qualify in the technical bid will be opened for

further evaluation.

Commercial Evaluation criteria

Price Bid: Description of Items

Qty.

Unit

Unit Rate (INR) Amount (INR)

Figures Words Figures

Slab 1: Refill booking cycle 1 to 4

Cr PA per booking cycle

4 Cr. Nos.

Slab 2: Refill booking cycle 4 to 7

Cr PA per booking cycle

3 Cr. Nos.

Cost: Slab 3: Refill booking cycle

> 7 Cr PA per booking cycle

3 Cr. Nos.

Discount Offered:

Description of Items Qty.

Unit

Unit Rate (INR) Amount (INR)

Figures Words Figures

Slab 1: Refill booking cycle 1 to 4

Cr PA per booking cycle

4 Cr. Nos.

Slab 2: Refill booking cycle 4 to 7

Cr PA per booking cycle

3 Cr. Nos.

Slab 3: Refill booking cycle > 7 Cr

PA per booking cycle

3 Cr. Nos.

The above quoted shall be for per refill booking cycle Inclusive of taxes.

One booking cycle includes the following:

Receiving the booking request through IVRS from customer

Pass on the booking request to BPCL server online

Receive two responses online from BPCL server;

o First response: on receipt of booking request

o Second response: after the delivery

Pass on the first response online as voice message to IVRS bookings

Page 16: TENDER FOR AWARD OF CONTRACT FOR IVRS BASED LPG … · 2013. 12. 2. · IVRS through the telecom. 2. Bidder shall have experience of having implementing minimum one project of call

Page 16 of 35

Pass on both the first and second responses online as two separate SMSs to

customers.

The price shall be calculated net of price bid and the discount offered by bidder. The net price

can be either be positive, zero, negative. Evaluation of the tender shall be made on the lowest

out go to the company for an estimated volume of 10 Crore bookings.

Any benefit arising out of set off / refund / input credit of VAT/ST to BPCL; will not be

considered for price evaluation.

Rejection criteria The offers/quotations will be rejected for the reasons mentioned below:

1. Offers/quotations not received on or before the due date of submission.

2. Offers/quotations not received in the required format.

3. Offers/quotations not received with the Tender Fee of Rs 5000.

4. Offers/quotations not received with the Earnest Money Deposit.

5. Technical and / or commercial documents having any counter conditions

6. If delivery time / project execution time period is not acceptable to the bidder or time

specified by bidder is more than the required time schedule.

7. Offers/quotations not accepting the clause of composite bank guarantee for the

performance of contract and deliverables.

8. The prices are not quoted in the PRICE BID format and not quoting firm prices.

9. Offers/quotations not accepting the payment terms and the Compensation for delay

in completion clause.

10. Not qualifying in the technical evaluation

MIS Reports

Vendor to provide reports to BPCL on the bookings through IVRS. The format

can be discussed during System Requirement Study (SRS).

Page 17: TENDER FOR AWARD OF CONTRACT FOR IVRS BASED LPG … · 2013. 12. 2. · IVRS through the telecom. 2. Bidder shall have experience of having implementing minimum one project of call

Page 17 of 35

6. TECHNICAL SPECIFICATIONS

Indicative Architecture of the proposed IVRS system

Indicative IVRS Flow for BPCL (actual flow would be finalized during System

Requirement Study (SRS) stage.)

Data

IVR

DATABASE Send URL

Receive

URL

Send URL / Receive URL

BPCL

DATABASE

SMS to

Custo

mer

Call

on

IVRS

Customer

SEND SMS

Page 18: TENDER FOR AWARD OF CONTRACT FOR IVRS BASED LPG … · 2013. 12. 2. · IVRS through the telecom. 2. Bidder shall have experience of having implementing minimum one project of call

Page 18 of 35

[All IVRS messages are to be given to BPCL for their approval]

i. Customer calls on single 10 digit IVRS Number

ii. IVRS welcomes customer by prompting “Welcome to Bharatgas ..."

iii. IVRS plays the registered information and ask for conform from

Customer. For eg. "As per our record your distributor is “XXX Gas

Agency and your consumer number is xxxxx,” If correct then dial 1 other

wise dial 2"

iv. If dial “1” IVRS sends transaction ID, dist. Code , customer code, Tel. no,

Gateway to BPCL server and get the booking Status from BPCL server

v. Play Booking Number/Status to customer

vi. Play Thank you message.

The IVRS shall respond to an incoming call within one ring. However, BPCL if

so required can vary this.

The full IVRS transaction should be completed within 2 minutes.

The system should work with all types of Exchanges used in DOT & Mobile

communication Network (GSM/CDMA).

The system will support both pulse and tone dialing and shall also support

calls from touch-tone phones, dial impulse phones and all other kind of

telephones.

The system shall be able to operate round the clock with 99 % availability &

efficiency.

The system shall have multitasking operational software that allows the

system to handle simultaneous calls.

Page 19: TENDER FOR AWARD OF CONTRACT FOR IVRS BASED LPG … · 2013. 12. 2. · IVRS through the telecom. 2. Bidder shall have experience of having implementing minimum one project of call

Page 19 of 35

The system should be capable of generating web based reports including but

not limited to the following:-

Total calls per day on system.

Total hourly calls on system.

Average time for booking.

Total no. of system resets per day

Summary information

The voice response should be in three languages i.e. (English, Hindi &

Regional language) developed by the vendor in consultation with BPCL. The

pauses between words must be such that hearing is pleasant.

The IVRS system shall be capable of playing back Messages in case of

unforeseen circumstances such as. “The data base Server or system is

presently out of order.” This can be an account specific message or a general

failure message. All such messages shall be pre- recorded and be played back

by giving appropriate STATUS field.

It is foreseen that there may be requirement of up-

gradation/addition/modification of software and message programming.

Accordingly the contractor shall be required to undertake all software changes

required by BPCL free of cost during the maintenance period.

BPCL will require messages to be professionally recorded for the installation of

voice for IVRS. The contractor shall be obliged to arrange for recording in

the same professional voice in which the earlier recording was done

within the warranty period of the contract. Failing which BPCL may forfeit the

security deposit.

The Service Provider is entering into a Service Level Agreement, which

includes but not limited to the parameters detailed below Sl. No. Parameter Target Monitoring

Method

Monitoring

Frequency

1 Refill Booking IVRS

Servers uptime

> 99% (office hours) Report Daily

2 Refill Booking Call

Success Ratio

> 99% Report Daily

3 Call answering < 3 Rings Report Daily

4 Total IVRS Transaction to be completed within

2 minutes

Report Daily

The Service Provider shall maintain full confidentiality of the data supplied.

Under no circumstances the Service Provider shall divulge/reveal/share such

data for the purpose other than for meeting BPCL Customers‟ requirement.

Successful Bidder is envisaged to provide services of world- class service

levels to the BPCL consumers.

Page 20: TENDER FOR AWARD OF CONTRACT FOR IVRS BASED LPG … · 2013. 12. 2. · IVRS through the telecom. 2. Bidder shall have experience of having implementing minimum one project of call

Page 20 of 35

Bidder may design his architecture on a centralized or a distributed model.

All Transactions for BPCL across telecom circles are consolidated at a central

server level for monitoring, reporting and management perspective.

Bidder to ensure that IVRS solution to interface / integrate to BPCL central

system through HTTPS protocol.

Bidder has to take necessary clearance from DOT/ TRAI/ applicable relevant

authorities & approvals as/if applicable to be submitted to BPCL The Numbers

proposed should belong to BPCL separately as applicable.

Bidder to ensure that network termination to this number from other telecom

operators in the circles. Proof of the same has to be submitted in the bid.

No premium charges should be applicable for LPG customers. The customers

calling IVRS shall be charged at local call rates depending on their Voice/SMS

plan

Defective parts should be replaced within 24 hours of receipt of the complaint.

BPCL will normally approach the successful bidder for any problem relating to

these products. BPCL however reserves the right to take up directly with the

manufacturers of these products and this condition shall be incorporated by

the bidder in their contract /agreement with the manufacturers.

Bidder to propose the Technology stack implemented for the proposed system,

these include hardware, software, developed application, and

network/telephony infrastructure implemented and the proposed logical

architecture. the description of each component as mentioned above should

outline their make, model, license type ( if applicable), version, proposed role it

plays in the deliverable of the process.

Bidder to provide brief description of data/process flow across the different

subsystems, and compliance enforced to ensure security, integrity, retention of

the data and alternate mechanism adopted for 99% uptime of the system needs

to be documented.

Bidder to outline Fail-over strategy & disaster recovery Plans, backup and

recovery strategy (incremental &, data retention policy and redundancy level of

components/system for the proposed deployment model. Relevant security and

data integrity enforcement mechanism needs to be outlined by the Bidder.

The bidder shall explicitly absolve BPCL of any responsibility/liability for use of

system/software delivered along with the equipment; (i.e. the bidder shall

absolve BPCL in all cases of possible litigation/claims arising out of any copy

right/license violation.) for software (s) sourced either from third parties or from

themselves.

Page 21: TENDER FOR AWARD OF CONTRACT FOR IVRS BASED LPG … · 2013. 12. 2. · IVRS through the telecom. 2. Bidder shall have experience of having implementing minimum one project of call

Page 21 of 35

7. COMMERCIAL TERMS & CONDITIONS OF CONTRACT

Following are the Commercial Terms and Conditions that each vendor must abide by while quoting the bid.

The vendors are to quote in Indian Rupees only. No other currency to be

used for quoting. Evaluation of the bids will be done in Indian Rupees. The

vendors must quote for the bid as per the PRICE BID format only.

The offer / quotation bid will be valid for a period of 180 days from the date

of opening of tender (Price Bid).

The cost of all equipment / tools / templates etc. used for implementation must be included in the quote.

No extra payment will be made other than the final quoted amount on any account.

The payment of all the taxes and other statutory payments payable under any or all statues / laws / acts etc. now or hereafter imposed are fully and exclusively liable for payment by the vendor.

All the taxes, cess, levies etc. should be included in the total amount. No increment in the final amount will be tolerated by BPCL in this regard.

Income Tax, service tax etc. will be deducted at source by BPCL, as per the

law prevailing at the time of payment.

The complete scope of work as defined or as may be required for the intended objective of tender should be included in the quoted price. No extra payment will be made in order to achieve the intended objective. Reasons like, bidders not envisaged / considered a particular activity or element of cost required for achieving the intended objective or some activity or element of cost required for the tender document but required for achieving the intended objective, will not form basis for considering extra payments.

For working on extended hours / Saturdays / Sundays / Holidays to meet the

committed / required time schedules, no extra payment will be made. Payment Terms The successful bidder to submit bills for payment giving the details of completed

refill booking cycle. Payment shall be on a monthly basis. Payment shall be considered only for the completed refill booking cycle. The bill submitted by the successful vendor for payment shall be processed by

BPCL in line with the refill booking cycles completed as per BPCL server.ie. as per the second response received by consumer as SMS.

The payments for the completed works shall be made by BPCL as per the following terms: All payments will be made only in INR only.

All payments will be made central ly at the HQ of BPCL, within 30 days

after the receipt of bill raised by the tenderer duly certified BPCL officials or by

third party agencies, if nominated by BPCL. Bills shall be submitted in

minimum lot size to optimize documentation. However, this shall be subject to

BPCL‟s discretion.

Page 22: TENDER FOR AWARD OF CONTRACT FOR IVRS BASED LPG … · 2013. 12. 2. · IVRS through the telecom. 2. Bidder shall have experience of having implementing minimum one project of call

Page 22 of 35

Bank Guarantee for Security Deposit

The successful bidder, within 15 days from the issue of LOI, shall have to provide to the company by way of security, Bank Guarantee in the standard format provided by the company, for an amount equivalent to 10% of the total tendered value of the work. The successful bidder shall have the option to adjust the EMD towards security deposit if he so desires.

The SD will be retained till the successful completion of the work. In the case of SD in the form of Bank Guarantee, the same shall be kept valid by the tenderer at his cost till the completion of the work under contract and shall be extended from time to time. No interest will be payable on SD.

A composite bank guarantee need to be submitted by the successful vendor to BPCL as security for the vendor‟s obligation and / or discharge of implementation of vendor‟s liability in connection with the said contract. The bank guarantee must be equivalent to 10% (ten percent) of the total value of the contract from any scheduled bank (other than the co-operative banks) in India, acceptable by BPCL, as per the enclosed format.

In case of any loss or damage, costs, charges and expenses suffered by BPCL, by reason such as non performance of the vendor or any breach of any terms and conditions of the contract by the vendor, BPCL will have right to invoke the said bank guarantee. The vendor shall pay to BPCL, any excess of expenditure incurred by BPCL. The decision of BPCL in this respect will be final and binding on the vendor. This decision is not liable to be questioned. It intentionally includes: • Defect liability that may arise during the defect liability period /

warranty as mentioned in the contract. • Vendor‟s performance on the contract. The vendor must submit the bank guarantee 15 days from the date of LOI /

signing of contract whichever is earlier. The validity of the bank guarantee must be for a period of 30 months from the date of LOI.

If the time period for the completion of work is extended, the bank guarantee must be extended by the same period before the expiry of the original date.

The vendor must rectify / replace any defect in services / materials, which may arise or lie undiscovered, at his own expense. If the vendor fails to do so, BPCL has the right to rectify the said defects by invoking the bank guarantee. The vendor shall pay to BPCL, any excess of expenditure incurred by BPCL. The decision of BPCL in this respect will be final and binding on the vendor. This decision is not liable to be questioned.

All bank guarantees should be unconditional, without demur and can be invoked on presenting to the issuing bank.

All bank guarantees should be submitted in the prescribed format, with necessary claim period to provide sufficient time to lodge a claim after the expiry of the bank guarantee.

Compensation for delay in completion

Time is the essence of the Contract. In case the vendor fails to complete the work within the scheduled time period, then, unless such failure is due to Force Majeure as defined or due to BPCLs defaults, the vendor shall pay BPCL by

Page 23: TENDER FOR AWARD OF CONTRACT FOR IVRS BASED LPG … · 2013. 12. 2. · IVRS through the telecom. 2. Bidder shall have experience of having implementing minimum one project of call

Page 23 of 35

way of compensation for delay and not as penalty a sum @ 0.5% of the value of the “Supply Portion” for the quantity OR the work portion that is delayed per complete week or part thereof of delay subject to maximum of 5% of the total contract value. The parties agree that this is a genuine pre-estimate of the loss / damage which will be suffered on account of delay / breach on the part of the vendor and the said amount will be payable on demand without there being any proof of the actual loss or damages caused by such delay / breach. The decision of BPCL in regard to the actual delay shall be final and binding on

the vendor.

All sums payable by way of compensation shall be considered as reasonable compensation without reference to the actual loss or damage, which shall have been sustained.

Page 24: TENDER FOR AWARD OF CONTRACT FOR IVRS BASED LPG … · 2013. 12. 2. · IVRS through the telecom. 2. Bidder shall have experience of having implementing minimum one project of call

Page 24 of 35

8. SPECIAL TERMS & CONDITIONS CONTRACT

Earnest money deposit (EMD) & Tender Fee

The Tenderer‟s are required to submit along with his quotation a Bank Draft in favour of Bharat Petroleum Corporation Ltd. for a sum of Rs. 5000. as Tender fee .

The Tenderer‟s are required to submit along with his quotation a Bank Draft in favour of Bharat Petroleum Corporation Ltd. for a sum of Rs . 5 Lac . as earnest money deposit. The EMD shall be returned to the unsuccessful vendors within one month after the due date of opening of the tender. The EMD of the successful vendor will be retained till the commencement of the work. Thereafter the vendor may opt to adjust the EMD against the security deposit or request return of the EMD. No interest will be payable on the EMD.

Cheques or Call Deposits shall not be accepted towards payment of EMD & Tender Fee.

SSI Units registered with NSIC are exempted from making EMD & Tender fee payment.

Completion Time and effective date of start of contract for payment Entire work should be completed within a period of 12 weeks. Start date will be reckoned from the date Letter of Indent (LOI). Entire system should be stabilized within

this 12 weeks time period. The contract period for the payment purpose would commence after satisfactory stabilization of the system duly approved by the BPCL and thereafter monthly payments due to the contractor will commence for a period of 2

years.

Price Bid:

The bid shall be submitted in Indian Rupees (INR). Bids submitted in any other currency

shall be summarily rejected.

a) The rates shall be inclusive of all taxes, duties, packing & forwarding charges, octroi, freight, transportation charges, service tax, transit / storage insurance, installation / erection, commissioning, inspection by BPCL representative or third party agency, if appointed by BPCL, labor, consumables, etc. complete wherever as applicable. No additional payment on any account will be entertained.

b) Forms C and D will not be issued by BPCL. c) Once the offer is accepted and agreement executed, the rates shall be valid

t ill the completion of works in all respects. d) The project would be implemented for all BPCL locations.. The rates quoted

for the total scope of job should be submitted by the Tenderer considering that all the expenses including travel, lodging, boarding, local travel and other expenses related to the project are on the Tenderer‟s account. No extra claims on this account will be entertained.

e) Rates shall include cost towards documentation for the entire system including

Page 25: TENDER FOR AWARD OF CONTRACT FOR IVRS BASED LPG … · 2013. 12. 2. · IVRS through the telecom. 2. Bidder shall have experience of having implementing minimum one project of call

Page 25 of 35

detailed drawings, if required etc. No separate payment will be made for the same.

f) It is in the clear understanding of the Tenderer that the complete scope as defined or as may be required for the intended objective of this tender is included in the quoted price. No extra payment apart from the quoted price will

be made in order to achieve the intended objectives. Reasons like, Tenderer having not envisaged / considered a particular activity or element of cost required to be carried out for achieving the intended objective or some activity

not specifically mentioned in the tender enquiry / tender but required to be carried out for achieving the intended objective, will not form basis for

considering extra payments. g) No extra payments will be made for working on extended hours / Saturdays /

Sundays / Holidays to meet the committed / required time schedules. h) After finalizations of tender, BPCL reserves the right to increase / decrease the

work order quantity of any or every and delete any item at the time of confirmation of order.

i) Any other instrument / equipment / service, which is not explicitly mentioned

above or in the price bid but deemed necessary for the successful operation of

the system complete in all respects, shall be in Tenderer‟s scope. j) Any benefit arising out of set off / refund / input credit of VAT/ST to BPCL, will

not be the basis of any price adjustment in quoted rates for price comparison between the Tenderer. The position of lowest tender will be determined on the quoted price by the Tenderer. The successful bidder will have to submit the tax challan / invoice to BPCL as per the provision of VAT / ST laws of respective states of India.

k) BPCL reserves its right to allow Price / Purchase preference to Central Public Sector Enterprises as admissible under Government Policy.

Bill of Quantities and Schedules of rates:

a) Bill of quantities are approximate and indicative and payment shall be made

as per actual certified measurements. The contractor is not entitled for any sort of compensation towards excess materials procured / stored.

b) After the placement of the order the successful bidder shall not be allowed to sublet or assign any part of the work order without Corporation‟s prior written consent.

c) The tendered quantity of items may vary as per the business requirement, and rates should be valid for such variations. Prior approval is necessary for

increasing the quantity of work.

Mobilization advance:

No Mobilisation advance will be given for the tendered work.

Penalty Clause

a. Compensation for delay in Completion / Commissioning ½ % (half percent) per

week of the maximum of 5 % of the total order value, if the vendor cannot commission the facilities of the New System, within 12 weeks from the date of LOI. BPCL reserves the right to cancel the LOI in case of delay.

Page 26: TENDER FOR AWARD OF CONTRACT FOR IVRS BASED LPG … · 2013. 12. 2. · IVRS through the telecom. 2. Bidder shall have experience of having implementing minimum one project of call

Page 26 of 35

b. Non availability of services beyond 6 hours for whatsoever reason, deduction will be made @ Rs 10000 per hour till the time services are restored. For the purpose of calculation of penalty any part of an hour will be considered as full hour. This is allowed only twice a year. In case of more failures, BPCL reserves right to terminate the contract.

Contract document The vendor, without prior permission of BPCL cannot disclose any information provided by BPCL to any third party, the vendors shall not disclose the tender or any provision, specification, prototype etc, to any person who is not involved in the performance of the contract.

Termination

Upon the occurrence of any of the following events (“Event of Default”), both the Parties shall have the rights as set forth in this Article: a. the occurrence of any of the following events : (A) the passing of a resolution by

the shareholders of a Party for the winding up of Party; (B) the voluntary filing by any Party of a petition of bankruptcy, moratorium, or other similar relief; (C) the appointment of a provisional liquidator or administrator in a proceeding for the winding up of any Party after notice to Party and due hearing, which appointment has not been set aside or stayed within 90 days of such appointment; or (D) the

b. making by a court with jurisdiction over any Party of an order winding up any Party that is not stayed or reversed by a court of competent authority within 60 days;

c. any material statement, representation, or warranty by any Party in this Agreement proving to have been incorrect, when made and such incorrect statement, representation, or warranty having a material adverse effect on Party‟s ability to perform its obligations under this Agreement;

d. the dissolution or liquidation of a Party except for the purpose of a merger, consolidation or other solvent restructuring that does not affect the ability of the resulting entity to perform its obligations under this Agreement and such resulting entity expressly and effectively assumes the obligations of the Party under this Agreement to the reasonable satisfaction of the other Party.

e. Repudiation of this Agreement by a Party; f. Failure to make any payment or payments required to be made to the other Party

under this Agreement within fifteen days after the due date for such payment, which shall constitute a material breach;

g. Any material breach by a Party which is not remedied within 15 days of receiving written notice from other Party specifying the breach.

Upon the occurrence of the events described above, unless such Event of Default has been remedied, either Party shall be entitled to terminate this Agreement by giving a notice of 30 days.

Substituted Performance. In the event that BPC issues a notice of termination based upon a default in performance or payment by _________, BPC shall have no objection to any Financing Party stepping in and discharging _______‟s outstanding obligations by payment or performance to cure such default.

Page 27: TENDER FOR AWARD OF CONTRACT FOR IVRS BASED LPG … · 2013. 12. 2. · IVRS through the telecom. 2. Bidder shall have experience of having implementing minimum one project of call

Page 27 of 35

Either Party may terminate this agreement by giving at least 90 days written notice to that effect without any reason.

Effect of Termination. Any termination of this Agreement under this Article shall be without prejudice to any rights and remedies of the non-defaulting Party arising hereunder with respect to a breach of this Agreement, including the right of the non-defaulting Party to be put in as good a position as it would have been had the Agreement not been breached and terminated.

Force Majeure

In the event of either Party being rendered unable, wholly or in part, by Force Majeure, to carry out its obligations under this Agreement, other than buying Party‟s obligations to make any payment coming due hereunder, it is agreed that upon such Party giving notice and full particulars of such Force Majeure, in writing, to the other Party as soon as reasonably possible after the occurrence of the cause relied on and in any event within forty eight hours therefrom, the obligations of such Party giving such notice, so far as they are affected by such Force Majeure, shall be suspended during the continuance of any inability so caused but for no longer period, and such cause shall, as far as reasonably practicable, be remedied with all reasonable dispatch.

As used herein, the term “Force Majeure” means any event or circumstance or combination of events and circumstances that materially and adversely affect the performance of either Party of its obligations pursuant to the terms of this Agreement (including by preventing, hindering, or delaying such performance), but only if and to the extent that such events and circumstances are beyond the Affected Party‟s control and were not foreseeable. The term “Force Majeure” may include, among others, the following events and circumstances to the extent they satisfy the foregoing definition: acts of God, strikes, lockouts or other industrial disturbances, acts of public enemy, wars, blockades, insurrections, riots, epidemics, lightning, earthquakes, fires, storms, floods, washouts, arrests and restraints of government or people, explosions, breakdown of or accident to machinery, equipment or process units, and valid rules, regulations and orders of governments or governmental agencies.

It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the Party having the difficulty and that the above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes or lockouts by acceding to the demands of the opposing Party when such course is inadvisable in the discretion of the Party having the difficulty.

The Party giving notice of Force Majeure shall promptly give notice in the same manner as set forth above upon termination of such Force Majeure event.

Representations & Warranties

Existence and Authority. Each Party represents and warrants to the other that the execution, delivery, and performance by it of this Agreement are within its powers, have been duly authorized by all necessary action, and do not contravene its certificate or articles of incorporation or by-laws or any law or applicable requirement of any Government Agency.

Approvals: Each Party represents and warrants to the other that no authorization or

Page 28: TENDER FOR AWARD OF CONTRACT FOR IVRS BASED LPG … · 2013. 12. 2. · IVRS through the telecom. 2. Bidder shall have experience of having implementing minimum one project of call

Page 28 of 35

approval or other action by, and no notice to or filing with, any Government Agency is required for the due execution, delivery, and performance of this Agreement or for the validity or enforceability thereof, except for those approvals and authorizations that have been obtained or that are required from time to time after the Effective Date and are customarily received in the ordinary course of business. Each Party further represents and warrants that it has no reason to believe that such authorizations or approvals will not be granted in the usual course prior to the date required by Applicable Law.

Binding Effect: Each Party represents and warrants to the other that it has full power and authority to execute, deliver, and perform its obligations under this Agreement and this Agreement constitutes the legal, valid, and binding obligation of that Party enforceable against it in accordance with its terms.

Indemnification

(a) CONTRACTOR. Except as expressly provided in this Agreement CONTRACTOR shall forgo all claims against BPC for and shall hold harmless and indemnify BPC against any and all liability in respect of any of the following insofar as caused by or arising in the course of performance or purported performance of this Agreement (whether or not involving the negligent act or omission of BPC, its directors or other officers, employees, agents, contractors, or sub-contractors) namely:

any death or injury of any officer, employee, agent, contractor or sub- contractor of CONTRACTOR;

any physical loss or damage (and any loss directly associated with or arising from such loss or damage); or

any death or injury of any third Party or damage to the property of any third Party occurring on or as a result of an accident and CONTRACTOR shall hold harmless and indemnify BPC from and against any and all costs, damages or expenses whatsoever incurred by CONTRACTOR in respect of any claims, demands, proceedings or causes of action arising from such death, injury, loss or damage.

(b) BPC. Except as expressly provided in this Agreement BPC shall forgo all claims against CONTRACTOR for and shall hold harmless and indemnify CONTRACTOR against any and all liability in respect of any of the following insofar as caused by or arising in the course of performance or purported performance of this Agreement (whether or not involving the negligent act or omission of CONTRACTOR, its directors or other officers, employees, agents, contractors or sub-contractors) namely:

any death or injury of any officer, employee, agent, contractor or sub-contractor of BPC;

any death or injury of any third Party or damage to the property of any third Party occurring on or as a result of an accident involving any of BPC‟s facilities or any facilities of BPC‟s customers or facilities involved in the receipt, handling, transportation, or storage of the Products, and BPC shall hold harmless and indemnify CONTRACTOR from and against any and all costs, damages, or expenses whatsoever incurred by CONTRACTOR in respect of any claims, demands, proceedings or causes of action arising from such death, injury, loss or damage.

Page 29: TENDER FOR AWARD OF CONTRACT FOR IVRS BASED LPG … · 2013. 12. 2. · IVRS through the telecom. 2. Bidder shall have experience of having implementing minimum one project of call

Page 29 of 35

Assignment

This Agreement shall ensure for the benefit of the Parties and their successors and permitted assigns. Neither Party may sell, transfer or assign its rights or duties under this Agreement or its interest in this Agreement to any other person except with the prior written approval of the other Party; provided, however, that either Party may, without the written approval of but with prior written Notice to the other Party, assign its rights under this Agreement to, and/or create a security interest in this Agreement in favor of, the Financing Parties and/or their nominees in connection with financing of the assigning Party‟s facilities, and such other Party shall provide acknowledgements of any such security, opinions of counsel, and other documents as the assigning Party may reasonably request or as may be required in connection with such security or assignment. Any assignment of this Agreement in violation of this Article shall be void. The term “Financing Parties” shall mean Indian financial institutions, Scheduled Banks in India, international banks and financial institutions, and, in the event of a capital markets offering, the nominees, trustees, and agents appointed to act on behalf of holders of such instruments offered by such assigning Party.

Confidentiality:

Each Party shall maintain in confidence in accordance with the standards of care and diligence that it utilizes in maintaining its own confidential information the terms of this Agreement and any information supplied or obtained by a Party pursuant to the terms hereof. Notwithstanding the preceding sentence, either Party may disclose information that would otherwise be confidential to the extent required by law in the opinion of legal counsel to the disclosing Party.

Severability:

The invalidity, illegality or unenforceability of any of the terms of this Agreement in any respect shall not affect or impair the validity, legality or enforceability of any other provision of this Agreement. The Parties shall make all reasonable endeavors to agree as far as possible that invalid terms shall be amended or replaced by valid terms with a similar effect in order to maintain the purpose and continuity of this Agreement and till the amendments are carried out, such invalid terms will be inoperative in relation to the rights and obligations of the Parties under this Agreement.

Change in Law:

The Parties undertake that, should the Government of India make any Change in Law and/or issue any directive in respect of any provision or matter included in this Agreement and applicable to oil industry generally, at any point of time, the Parties shall implement the same and amend the present Agreement accordingly or execute such supplementary agreements, as may be required to effect such changes.

Page 30: TENDER FOR AWARD OF CONTRACT FOR IVRS BASED LPG … · 2013. 12. 2. · IVRS through the telecom. 2. Bidder shall have experience of having implementing minimum one project of call

Page 30 of 35

No Waiver:

No delay or omission on the part of either Party in exercising any right, power or remedy provided by law or under this Agreement, nor any indulgence granted by any Party to any other Party, shall impair such right, power or remedy, or be constructed as a waiver thereof, nor shall the single or partial exercise of any right, power or remedy provided by law or under this Agreement preclude any other or further exercise thereof or the exercise of any other right, power or remedy.

Cumulative Rights:

Except as expressly provided herein, the rights, powers and remedies provided in this Agreement are cumulative and not exclusive of any rights, powers and remedies provided by law.

Entire Agreement:

This Agreement along with the documents referred to therein and other agreements, if any, entered into contemporaneously with this Agreement constitute the entire agreement of the Parties with respect to the subject matter of this Agreement. Each of the Parties hereby acknowledges that, in entering into this Agreement it has not relied on any representation or warranty save as set out expressly herein or in any document referred to herein.

Amendment; Waiver:

No variation of or amendment to any of the terms of this Agreement shall be effective unless it is in writing and signed by or on behalf of each of the Parties and no waiver of any terms hereof shall be effective unless it is in writing and signed by the Party against whom such waiver is sought to be enforced.

Relationship:

Nothing in this Agreement shall constitute or be deemed to constitute the relationship of principal and agent or of a partnership between the Parties and neither of them shall have any authority to bind the other in any way or for any purposes.

Counterparts:

This Agreement may be executed in counterparts simultaneously, each of which shall be an original, but all of which shall constitute a single instrument.

Interpretation:

Unless the context requires otherwise, in this Agreement:

(a) the headings are for convenience only and shall be ignored in construing this Agreement;

(b) the singular includes the plural and vice versa;

Page 31: TENDER FOR AWARD OF CONTRACT FOR IVRS BASED LPG … · 2013. 12. 2. · IVRS through the telecom. 2. Bidder shall have experience of having implementing minimum one project of call

Page 31 of 35

(c) references to Articles, and Annexures are, unless the context otherwise requires, references to Articles, and Annexures to, this Agreement;

(d) in carrying out its obligations and duties and exercising its rights under this Agreement, each Party shall have an implied obligation to act in good faith;

(e) the word “including” means “including without limitation”; and

(f) a day shall be a period of 24 hours commencing at 0400 hrs.; a week shall commence on each Sunday, a month shall be a calendar month; a quarter shall be a calendar quarter; and a year shall be a calendar year.

Arbitration Clause

All questions, disputes and differences arising under or in relation to this

Agreement shall be referred to the sole arbitration of the Director (Marketing) of the

Corporation. If such Director (Marketing) is unable or unwilling to act as the sole

arbitrator, the matter shall be referred to the sole arbitration of some other officer of

the Corporation by such Director (Marketing) in his place, who is willing to act as

such sole arbitrator. It is known to the parties herein that the Arbitrator appointed

hereunder is an employee of the Corporation and may be Share Holder of the

Corporation. The arbitrator to whom the matter is originally referred, whether the

Director (Marketing) or officer, as the case may be, on his being transferred or

vacating his office or being unable to act, for any reason, the Director (Marketing)

shall designate any other person to act as arbitrator in accordance with the terms

of the Agreement and such person shall be entitled to proceed with the reference

from the stage at which it was left by his predecessor. It is also the term of this

Agreement that no person other than the Director (Marketing) or the person

designated by the Director (Marketing) as aforesaid shall act as arbitrator. The

award of the Arbitrator so appointed shall be final, conclusive and binding on all the

parties to the Agreement and provisions of the Arbitration and Conciliation Act

1996 or any statutory modification or re-enactment thereof and the Rules made

there under and for the time being in force shall apply to the arbitration

proceedings under this clause.

The parties hereby agree that the court in city of .………….. alone shall have jurisdiction to entertain any application or any award/s made by the Sole Arbitrator or other proceedings in respect of any thing arising under this Agreement.

Page 32: TENDER FOR AWARD OF CONTRACT FOR IVRS BASED LPG … · 2013. 12. 2. · IVRS through the telecom. 2. Bidder shall have experience of having implementing minimum one project of call

Page 32 of 35

9. GENERAL TERMS & CONDITIONS OF THE TENDER

I. Notwithstanding the sub divisions of the tender document into several

sections and volumes, every part of each shall be deemed to be

supplementary of every other part and shall be read with and into the

contract so far as it may be practicable to do so. II. Payment to the contractor through Electronic Clearing System (ECS)

can be made, subject to agreement by representative banks of BPCL and Contractor as per the existing system.

III. Tender documents are not transferable. IV. Vendor should ensure that their quotations are submitted in the portal

before the last date & time of receipt of Tender. The physical instruments such as DD for EMD, tender fee (or) proof of exemption to be dropped in the tender box as detailed in the document, before the last date & time of receipt of Tender

V. It is mandatory for every Vendor to fill all the documents as set out in the tender document irrespective of their earlier association with BPCL.

VI. The Vendor should quote his rates only in the prescribed form supplied by the Corporation.

Rate given in the tender schedule should be expressed both in figures and words, and where there is difference between the two, the rate given in words will be taken as authentic. Should there be any discrepancy between unit rate and amount the unit rates will be considered as the correct ones.

VIII The Vendors / Firms having common Director / Partners can be considered but vendors have to submit their quotation from any one of the Firm. The quotation of other firm, if submitted will be rejected.

IX. When person signing the Tender/Agreement is not the sole proprietor or authorized representative of the Company the original Power of Attorney or a notary certified copy thereof authorizing such person to act and sign on behalf of the Company must be produced before signing the documents.

X. It shall be understood that every endeavor has been made to avoid error which can materially affect the basis of Tender and the successful Vendor 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. No advantage is to be taken either by the Corporation or the Vendor of any clerical error or mistake may occur in the general specification, schedules, and plans.

XI. Any terms and conditions attached printed / enclosed along with vendors offer will not be binding on BPC.

XII. The Vendors may send their representative to witness the opening of tenders, on the appointed date and time if they so desire.

XIII. BPCL reserves the rights to negotiate with the Vendor. The Vendor shall confirm the negotiations within stipulated time. If the Vendor fails to comply, BPCL reserve the right to reject the tender at their discretion.

XIV. BPCL reserves its right to allow Price / Purchase preference to Central Public Sector Enterprises as admissible under Government Policy.

Page 33: TENDER FOR AWARD OF CONTRACT FOR IVRS BASED LPG … · 2013. 12. 2. · IVRS through the telecom. 2. Bidder shall have experience of having implementing minimum one project of call

Page 33 of 35

XV. Vendor is advised not to enclose unwanted and unasked documents with

the tender. Any such documents if received shall not be considered. XVI. Your tender may not be considered, if we are unable to evaluate your

offer for want of any information. XVII. Your quotation should be for materials / contract services strictly in

accordance with specifications mentioned in the tender. XVIII. In case of unscheduled holiday on opening day of tender, the next

working day will be treated as scheduled prescribed day of opening of tender. Time and venue will remain same.

XIX. In case of any of the above General Purchase Conditions are not acceptable to vendor, kindly mention the deviations only in the following format (technical and commercial) with reasons and justifications. Deviations stated elsewhere will not be accepted by us. In case the deviation sheets are submitted blank then all the terms and conditions will be deemed as accepted by you.

XX. If anytime during the tender evaluation process or validity of the contract, it comes to the knowledge of the Corporation that the information given by the Transporter prior to entering into this contract in the tender form is wrong / forged / fictitious or any material facts have been concealed, the Corporation reserves the right to cancel the contract. The Corporation also reserves the right to take any other action including blacklisting.

Deviations

Generally in tender document deviation are not acceptable, however in case you desire to bring out the same the details may please be furnished in the table given below:

LIST OF DEVIATIONS Page No.

Clause No.

Description

Page No.

Clause No.

Description

Page 34: TENDER FOR AWARD OF CONTRACT FOR IVRS BASED LPG … · 2013. 12. 2. · IVRS through the telecom. 2. Bidder shall have experience of having implementing minimum one project of call

Page 34 of 35

10. State-wise customer population Indicative list

STATEWISE LPG CUSTOMERS AS ON 01/07/2012 (INDICATIVE LIST)

STATE/UT DOMESTIC cust.pop.

CHANDIGARH 49578

DELHI 1088968

HARYANA 1352078

HIMACHAL PRADESH 103816

JAMMU & KASHMIR 162313

PUNJAB 1381102

RAJASTHAN 1772939

UTTAR PRADESH 3711537

UTTRANCHAL 271795

ANDAMAN & NICOBAR 0

ARUNACHAL PRADESH 1114

ASSAM 140138

BIHAR 784059

JHARKHAND 181924

MANIPUR 0

MEGHALAYA 2367

MIZORAM 0

NAGALAND 806

ORISSA 437543

SIKKIM 0

TRIPURA 0

WEST BENGAL 1190854

CHATTISGARH 217242

DADRA & NAGAR HAVELI 0

DAMAN & DIU 20758

GOA 170800

GUJARAT 1654466

MADHYA PRADESH 1215411

MAHARASHTRA 7740954

ANDHRA PRADESH 3235610

KARNATAKA 2012891

KERALA 2181695

LAKSHADWEEP 0

PONDICHERRY 81949

TAMILNADU 3704410

ALL INDIA 34869117

Page 35: TENDER FOR AWARD OF CONTRACT FOR IVRS BASED LPG … · 2013. 12. 2. · IVRS through the telecom. 2. Bidder shall have experience of having implementing minimum one project of call

Page 35 of 35

11. FORMAT OFPRICE BID

Price Bid: Description of Items

Qty.

Unit

Unit Rate (INR) Amount (INR)

Figures Words Figures

Slab 1: Refill booking cycle 1 to 4

Cr PA per booking cycle

4 Cr. Nos.

Slab 2: Refill booking cycle 4 Cr to

7 Cr PA per booking cycle

3 Cr. Nos.

Slab 3: Refill booking cycle > 7 Cr

PA per booking cycle

3 Cr. Nos.

Discount Offered: Description of Items

Qty.

Unit

Unit Rate (INR) Amount (INR)

Figures Words Figures

Slab 1: Refill booking cycle 1 to 4

Cr PA per booking cycle

4 Cr. Nos.

Slab 2: Refill booking cycle 4Cr to

7 Cr PA per booking cycle

3 Cr. Nos.

Slab 3: Refill booking cycle > 7 Cr

PA per booking cycle

3 Cr. Nos.

The above quoted shall be for per refill booking cycle Inclusive of taxes.

The price shall be calculated net of price bid and the discount offered by bidder. The price can

be either be positive, zero, negative. Evaluation of the tender shall be made on the lowest out

go to the company for an estimated volume of 10 Crore bookings.

Any benefit arising out of set off / refund / input credit of VAT/ST to BPCL; will not be

considered for price evaluation.