Tender Management System Ver 1.0 [ Tender Document ...€¦ · 10-12-2013 Approved By Ajoy Sarkar...

Tender Management System

Ver 1.0

[ Tender Document ]

Created By

Anjali Patil

Reviewed By

Ajoy Sarkar

Reviewed On

10-12-2013

Approved By

Ajoy Sarkar

Approved On

10-12-2013

Ajoy Sarkar PATIL R.M.

Page No.:1 Tender No 1000200307[13283] - Tender Title: PROCUREMENT OF C S GATE VALAVES CONFORMING TO API 600 [CRFQ1000200307]

1. Tender Basic Information





Tender Basic Information

System No. 13283

Tender No 1000200307

Division CPO Marketing Section : Procurement team group 3

Date 09-12-2013

Title PROCUREMENT OF C S GATE VALAVES CONFORMING TO API 600 [CRFQ1000200307]

Description TENDER FOR ANNUAL RATE CONTRACT OF VARIOUS SIZES OF CS GATE VALVES 150# CONFORMING TO API 600TO VARIOUS BPCL LOCATIONS IN INDIA [CRFQ1000200307]

Tender Type Open Tender

Estimated Value 67929667.000/67929666.000 (INR)

Product Category Iron/Steel Materials

Product Sub Category

Responsible Person Address CENTRAL PROCUREMENT ORGANISATION, CPO, A-Installation, Sewree Fort Road, Sewree (E), MUMBAI-400015.

Delivery Address BPCL LOCATION ALL OVER INDIA

Form of Contract Supply

Vendor Under Taking We hereby certify that the process ofE-tender is understood by us. We hereby confirm that all information and details furnished in our e-offer are true to ourknowledge. In case any information or detail is found to be incorrect we shall be solely responsible for the same. You mayinitiate any action as deemed fit to you, in that case.We agree that courts in the city of Mumbai,India alone shall have jurisdiction to entertain any application or other proceedingsin respect of any dispute or differences arising out of or in regard to subject tender, at any stage including during finalisation ofthe tender.

State Maharashtra

2. Tender Calendar





Tender Calendar

S. No. Stage Name Start Date End Date

1 TenderRelease 10-12-2013 17:00:00 10-12-2013 17:05:00

2 Bid Preparation and Submission 19-12-2013 17:10:00 14-01-2014 15:00:00

3 Unpriced Bid Opening 14-01-2014 15:05:00 30-06-2014 00:00:00

4 Unpriced Bid Evaluation 14-01-2014 15:05:00 30-06-2014 00:00:00

5 Priced Bid Opening 14-01-2014 15:05:00 30-06-2014 00:00:00

6 Priced Bid Evaluation 14-01-2014 15:05:00 30-06-2014 00:00:00

3. Pre Bid / Send Query Calendar





Pre Bid / Send Query Calendar

S. No. Description Start Date Time End Date Time

1 Pre Bid Confrence 19-12-2013 11:00:00 19-12-2013 17:00:00

2 Send Query Confrence 18-12-2013 15:00:00

4. NIT Text





1. This tender is to finalize the Annual Rate Contract for the valves, the details of which are as under :-i. Annual Rate Contract will be placed on the successful bidders and will be valid for a period of One Year from the date of placement of the contract.

ii. No supplies are to be made against the Annual Rate Contract (ARC) document.

iii. Supplies are to be made only against Call-Offs or Purchase Orders(PO) which shall be placed by the various departments within BPCL. BPCL may placethe call-off or purchase orders till the last validity date of the ARC.

iv. The Call-Offs or Purchase Orders would be placed for any quantity as required by the respective departments & the vendors have to supply the same.

v. The materials are required at various BPCL locations all over India & the vendors have to deliver the materials based on the call-offs/POs.

vi. The quantities against each item are only indicative / approximate & there is no assurance that BPCL will uplift any or all the items / quantities for which thecontract is placed. BPCL reserves the right to place call-offs for different quantities of the items subject to being within the overall value of the contract.

vii. The validity of the contract may be extended by a further period of upto twelve months on a mutual agreement basis.

viii. A repeat contract may also be placed on mutual agreement basis after expiry of the original contract. Any repeat contract will be at the same terms andconditions and rates as the original contract and valid upto a further period of upto 12 months.

ix. In case the value of the contract gets exhausted within the one year validity period, BPCL reserves the right to place a repeat order for a value of upto theoriginal contract value.

2. Award of contract would on item-wise lowest landed cost basis.

3. Purchase preference to MSEs (Micro & Small Enterprises) shall be applicable as per tender condition.

4. DELIVERY PERIOD: Please quote your best delivery period on door-delivery basis, in the Unprice Bid attached with the tender document. We require thematerial within 2 months from the date of firm order/call-off. However, you may quote your best delivery period.

5. Vendors who gets qualified in BQC and techno-commercially in this tender, may be considered for inclusion in our registered vendors list for future limitedtender enquiries for the supply of respective valves. Vendor may have to produce/submit any additional documents, if required, in this regard if they are askedfor in future.

6. Octroi/Entry tax, if any, in the any state of India shall be directly paid by the vendor, if applicable, which shall be reimbursed by BPCL at actuals onsubmission of documentary proof.

7. Unloading & stacking at the delivery address will be arranged by consignee. However, advance information regarding expected date of delivery to Site In-charge must be given well in time for making unloading arrangements under advice to originator of ORDER.

8. Bid validity 180 Days from the final due date of opening of tender.

9. Pre-bid meeting with prospective bidders is scheduled on 19.12.2013 at 11:00 a.m. IST at CPO(M)-Sewree Mumbai.

5. Tender Fee & EMD





EMD 500000.000 (Indian Rupees) / 8340.000 (United States Dollars)

Payable at MUMBAI

In Favour of BHARAT PETROLEUM CORPORATION LIMITED

6. Tender Decrypters





Tender Decrypters

S. No. EnvelopeName

UserName(User id)

Cert S.No. Cert Issuer Cert Expiry

1 Price Bid Ajoy Sarkar(ajoysarkar)

4DB4118E CN=(n)Code Solutions CA 2011-1,OID.2.5.4.51="301, GNFC Infotower",STREET="Bodakdev, S G Road,Ahmedabad", ST=Gujarat,OID.2.5.4.17=380054, OU=CertifyingAuthority, O=Gujarat Narmada ValleyFertilizers Company Ltd., C=IN

18-07-2015 00:00:00

2 Price Bid PATIL R.M.(patilrm)

4DB3D658 CN=(n)Code Solutions CA 2011-1,OID.2.5.4.51="301, GNFC Infotower",STREET="Bodakdev, S G Road,Ahmedabad", ST=Gujarat,OID.2.5.4.17=380054, OU=CertifyingAuthority, O=Gujarat Narmada ValleyFertilizers Company Ltd., C=IN

09-07-2015 00:00:00

3 TechnicalQualification

PATIL R.M.(patilrm)

4DB3D658 CN=(n)Code Solutions CA 2011-1,OID.2.5.4.51="301, GNFC Infotower",STREET="Bodakdev, S G Road,Ahmedabad", ST=Gujarat,OID.2.5.4.17=380054, OU=CertifyingAuthority, O=Gujarat Narmada ValleyFertilizers Company Ltd., C=IN

09-07-2015 00:00:00

4 TechnicalQualification

Ajoy Sarkar(ajoysarkar)

4DB4118E CN=(n)Code Solutions CA 2011-1,OID.2.5.4.51="301, GNFC Infotower",STREET="Bodakdev, S G Road,Ahmedabad", ST=Gujarat,OID.2.5.4.17=380054, OU=CertifyingAuthority, O=Gujarat Narmada ValleyFertilizers Company Ltd., C=IN

18-07-2015 00:00:00

7. Items

7.1. GATE VALVE FL 150# CS TR13 CR 50 NB [ 1A ]





Item Wise Items :

S. No. Group Item Name Envelope BOQ[Y/N]

1 CS GATE VALVESFOREIGN VENDOR

GATE VALVE FL 150# CS TR13 CR 50 NB Price Bid N


GATE VALVE FL 150# CS TR13 CR 80NB Price Bid N






















GATE VALVE FL HCP 150# CS TR13 CR 700 NB Price Bid N



15 CS GATE VALVESINDIAN VENDOR




























Item Code 1A

Item Short Description GATE VALVE FL 150# CS TR13 CR 50 NB

Item Long Description GATE VALVE FL 150# CS TR13 CR 50 NB

Quantity Required 35.000

Unit of Measurement (UOM) EA

Your Currency NIL

BASIC PER VALVE IN YOUR CURRENCY NIL

TPIA per valve in your Currency NIL

P&F and any other charges including FOB charges per valve in yourCurrency

NIL

Sea Freight per Valve in your Currency NIL

Marine Insurance per Valve in your Currency NIL

PORT/LANDING CHARGES in Indian Rupees per valve NIL

Clearing CHARGES in Indian Rupees per valve NIL

7.2. GATE VALVE FL 150# CS TR13 CR 80NB [ 2A ]








Inland Freight per Valve Incl of any Tax or Duty in INR NIL

Inland Transit Insurance per Valve Incl of any Tax or duty in INR NIL

Item Code 2A

Item Short Description GATE VALVE FL 150# CS TR13 CR 80NB

Item Long Description GATE VALVE FL 150# CS TR13 CR 80NB



Your Currency NIL




NIL







Item Code 3A





Your Currency NIL




NIL







Item Code 4A





Your Currency NIL




NIL







Item Code 5A





Your Currency NIL












NIL







Item Code 6A





Your Currency NIL




NIL







Item Code 7A





Your Currency NIL




NIL







Item Code 8A





Your Currency NIL




NIL







Item Code 9A












Your Currency NIL




NIL







Item Code 10A





Your Currency NIL




NIL







Item Code 11A





Your Currency NIL




NIL







Item Code 12A





Your Currency NIL




NIL







7.13. GATE VALVE FL HCP 150# CS TR13 CR 700 NB [ 13A ]

7.14. GATE VALVE FL HCP 150# CS TR13 CR 900 NB [ 14A ]

7.15. GATE VALVE FL 150# CS TR13 CR 50 NB [ 1 ]






Item Code 13A

Item Short Description GATE VALVE FL HCP 150# CS TR13 CR 700 NB

Item Long Description GATE VALVE FL HCP 150# CS TR13 CR 700 NB



Your Currency NIL




NIL







Item Code 14A





Your Currency NIL




NIL







Item Code 1





BASIC PER VALVE IN INR NIL

TPIA charges per valve in INR NIL

Packing & Forwarding per valve in INR NIL

Excise duty Incl cess in (in %) NIL

Central sales Tax in % without C form NIL

VAT % NIL

Inland Freight per valve incl of any tax or duty in INR NIL

Inland Transit Insurance per valve incl of any tax or duty in INR NIL

Item Code 2










VAT % NIL












Item Code 3










VAT % NIL



Item Code 4










VAT % NIL



Item Code 5










VAT % NIL



Item Code 6










VAT % NIL



Item Code 7


















VAT % NIL



Item Code 8










VAT % NIL



Item Code 9










VAT % NIL



Item Code 10










VAT % NIL



Item Code 11










7.27. GATE VALVE FL HCP 150# CS TR13 CR 700 NB [ 13 ]

7.28. GATE VALVE FL HCP 150# CS TR13 CR 900 NB [ 14 ]






VAT % NIL



Item Code 12










VAT % NIL



Item Code 13










VAT % NIL



Item Code 14










VAT % NIL



8. Tender Common Forms

8.1. Declaration Format To Be Downloaded By The Vendor

8.2. FORMAT FOR SUBMISSION OF MIN.QTY.SUPPLIED AS PER BQC(TO BE DOWNLOADED)By Vendor

8.3. TENDER DOCUMENT & TECHNICAL SPECIFICATIONS

8.4. TPIA VERIFICATION REPORT & TEMPLATE FOR BQC

8.5. Integrity Pact - Format - Download





Declaration Format

1 Declaration Format DECLARATION_FORMAT.pdf

This form is to be downloaded by the vendor, Signed / Stamped and uploaded during bid submission.

FORMAT FOR SUBMISSION OF MINIMUM QTY. SUPPLIED AS PER BQC

1 FORMAT FOR SUBMISSION OFMINIMUM QTY. SUPPLIED AS PER BQC

Format_minimum_qty_supplied.pdf

This form is to be downloaded by the vendor, Signed / Stamped and uploaded during bid submission.

1 TENDER DOCUMENT & TECH.SPEC. Tender_Document.pdf

Download the Document from here.

1 TPIA VERIFICATION REPORT &TEMPLATE FOR BQC

tpia_verification_report.pdf

Download the Document from here and duly filled and sign copy to be upload in Bid Common form.

Integrity Pact - Format - Download

1 Integrity Pact - Format - Download integrity_pact.pdf

Download the Integrity Pact Document from here (Integrity Pact document to be downloaded and printed copy is to be signed, sealed and witnessed and thento be scanned and uploaded in Bid Common Form Section while Bid Submission.)

9. Tender Item Forms





Tender Item Forms Not Defined

10. Bid Common Forms

10.1. INSTRUCTIONS FOR E- TENDER PARTICIPATION [Technical Qualification]





INSTRUCTIONS FOR E- TENDER PARTICIPATION





1 INSTRUCTIONS FOR E- TENDERPARTICIPATION

1. For participation in the tender, please fill up the tender online on the e-tender system available onhttps://bpcl.eproc.in.2. As a pre-requisite for participation in the tender, tenderers are required to obtain a valid DigitalCertificate of Class IIB and above as per Indian IT Act from the licensed Certifying Authorities operatingunder the Root Certifying Authority of India (RCIA), Controller of Certifying Authorities (CCA).3. The cost of obtaining the digital certificate shall be borne by the tenderer.4. In case any tenderer so desires, he may contact our e-procurement service provider M/s. C1 IndiaPvt. Ltd, Coral Classic Commercial Society Ltd, Unit no. 603, 6th floor, 20th Road, near Ambedkargarden, Chembur (East), Mumbai-71 (contact no +91 9322533730 (022-66865600 upto 05) e-mail [email protected])for obtaining the digital signature certificate. Please note that generally, it takes5 working days for obtaining a digital certificate after the submission of all required documents / fees.5. Directions for submitting online offers, electronically, against e-procurement tenders directly throughinternet:(i) Tenderers shall have to log on to the website (https://bpcl.eproc.in) for submitting their bid.(ii) The system time (IST) that will be displayed on e-Procurement web page shall be the time consideredfor determining the expiry of due date and time of the tender and no other time shall be taken intocognizance.(iii) Tenderers are advised in their own interest to ensure that their bids are submitted in e-Procurementsystem well before the closing date and time of bid. If the tenderer intends to change/revise the bidalready 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 tenderers are required to go tooption own bid view through dashboard and take the print of the envelope receipt as a proof ofsubmitted 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 if the due date and time of submission has elapsed.(vi) No manual bids/offers along with electronic bids/offers shall be permitted.(vii) It shall be understood that every endeavour has been made to avoid error which can materiallyaffect the basis of Tender and the successful Tenderer shall take upon himself and provide for risk ofany error which may subsequently be discovered and shall make no subsequent claim on its accountthereof.(viii) Once the BQC, technical & commercial bids are opened, tenderers can see the list of tenderers whohave participated in the bid by logging on to the portal under their user ID and password and clicking onOther Bids view.(ix) Subsequently, once the price bids are opened, techno-commercially qualified participating bidderscan see the rates quoted by all other techno-commercially qualified bidders using the same option.6. No responsibility will be taken by BPCL and/or the e-procurement service provider for any delay dueto connectivity and availability of website. They shall not have any liability to tenderers for anyinterruption or delay in access to the site irrespective of the cause. It is advisable that tenderers startfilling up the tenders much before the due date /time so that there is sufficient time available with themto acquaint with all the steps and seek help if they so require.7. It should be noted that the individual bid becomes viewable only after the opening of the bid on/afterthe due date and time. Please be reassured that your bid will be viewable only to you and nobody elsetill the due date/ time of the tender opening. The non-availability of viewing before due date and time istrue for e-tendering service provider as well as BPCL officials.8. BPCL and/or the e-procurement service provider shall not be responsible for any direct or indirect lossor damages and or consequential damages, arising out of the bidding process including but not limitedto systems problems, inability to use the system, loss of electronic information etc.9. Bidders are requested to read following conditions in conjunction with various conditions, whereverapplicable appearing with this bid invitation for e-Tendering. Vendors / Bidders are advised to read thefollowing instructions for participating in the electronic tenders directly through internet.10. What is a Digital Signature? This is a unique digital code which can be transmitted electronically andprimarily identifies a unique sender. The objective of digital signature is to guarantee that the individualsending the message is who he or she really claims to be just like the written signature. The Controllerof Certifying Authorities of India (CCA) has authorized certain trusted Certifying Authorities (CA) who inturn allot on a regular basis Digital Certificates, Documents which are signed digitally are legally validdocuments as per the Indian IT Act (2000).11. Why is a Digital Signature required? In order to bid for Bharat Corporation e-tenders, all the vendorsare required to obtain a legally valid Digital Certificate as per Indian IT Act from the licensed CertifyingAuthorities (CA) operating under the Root Certifying Authority of India (RCAI), Controller of CertifyingAuthorities (CCA) of India. The Digital Certificate is issued by CA in the name of a person authorized forfiling Bids / Offers on behalf of his Company. A Vendor / Bidder can submit their Bids / Offers on-lineonly after digitally signing the bid / documents with the above allotted Digital Signatures.12. Steps for obtaining Digital Certificate: Digital Certificate can be obtained by the following steps:(i)Visit the site of the licensed CA, http://www.ncodesolutions.com using internet browser.(ii) Apply onlinefor a class 2 / 3 Digital Certificate for the designated individual with the name of Organization. Ensurethe Digital Certificate is legally valid in India.(iii) For making payment and submission of documentsrequired for issue of the Digital Certificate, follow the instructions on the CAs website.(iv) Use the class2 / 3 Digital Certificate thus obtained for online bidding on BPCL e-Procurement site.13. Submission of Documents:(i) Vendor is required to save / store their bid documents for each iteminto their computers before submitting their bid into e-tender box.(ii) Bidders shall make their ownarrangement for e-bidding. Entire bid has to be submitted online only. However, documents whichnecessarily have to be submitted in originals like EMD (if any) as mentioned in the tender documentshave to be submitted offline.14. BPCL shall not be responsible in any way for failure on the part of the bidder to follow theinstructions. Further BPCL in any case will not be responsible for inability of the bidder in participating inthe event due to ignorance, failure in Internet connectivity or any other reason.15. It is advised that the bidder uploads small sized documents preferably (upto 5 MB) at a time tofacilitate in easy uploading into e-Procurement site. BPCL does not take any responsibility in case offailure of the bidder to upload the documents within specified time of tender submission.16. Submission and Opening of Bids: (i) Bid along with all the copies of documents should be submittedin e-form only through BPCL e-Procurement system.(ii) Before the bid is uploaded, the bid comprising ofall attached documents should be digitally signed using digital signatures issued by an acceptableCertifying Authority (CA) in accordance with the Indian IT Act 2000. If any modifications are required tobe made to a document after attaching digital signatures, the digital signature shall again be attached tothe modified documents before uploading the same.(iii) The authenticity of above digital signatures shallbe verified through authorized CA and in case the digital signature is not authorized / valid, the bid willbe rejected. Bidder shall be responsible for ensuring the validity of digital signatures and proper usageof the same by responsible persons who can bid for the bidder.17. Bidders must use any computer having Windows 2000 or Windows XP versions or higher of Windowoperating system and an internet web browser version internet explorer V 6.0 or higher recommended.18. In case of any clarification pertaining to e-procurement process, the tenderer may contact thefollowing agencies / personnel: a. M/s.C1 India at contact no +91 9322533730 (022-66865600 upto 05)followed with an e-mail to id [email protected]. Procurement Leader/Manager of M/s.BPCL at contact no.022 24176412/24176408 with a e-mail to Id [email protected] or [email protected]/amendment, if any, shall be notified on the site https://bpcl.eproc.in. In case anycorrigendum/amendment is issued after the submission of the bid, then only those tenderers who havesubmitted their bids, shall be intimated about the corrigendum/amendment by a system-generatedemail. It shall be assumed that the information contained therein has been taken into account by thetenderer. They have the choice of making changes in their bid before the due date and time.

2 I Agree to above INSTRUCTIONS FOR E-TENDER PARTICIPATION

10.2. INSTRUCTIONS TO BIDDERS [Technical Qualification]





INSTRUCTIONS TO BIDDERS





1 INSTRUCTIONS TO BIDDERS 1. The bidder shall bear all costs associated with the preparation and submission of the bid and Ownerwill in no case be responsible or liable for these costs, regardless of the conduct or outcome of thebidding process.2.A) Vendor is requested to submit their bids taking full notice of all the technical specifications, termsand conditions, forms & attachments to this tender. Bids must be through e-tendering system only andmust be filled up by the authorized and competent authority of your firm.3. Owner reserves the right to accept / reject any or all bid qualification documents at their sole discretionwithout assigning any reason whatsoever.4. Owner is not responsible for any delays from bidder end.5. Owner reserves the right to make any changes in terms and conditions of purchase before due date ofbid submission and to reject any or all bids received incomplete.6. Undertaking by the bidder:a. I/we hereby undertake that the statements made herein/information given in the bids through e-tendering system/annexures/forms/uploaded documents referred are true in all respects and that in theevent of any such statement or information being found to be incorrect in any particular, the same maybe construed to be a misrepresentation entitling BPCL to avoid any resultant contract.b. I/we further undertake as and when called upon by BPCL to produce, for its inspection, original(s) ofthe document(s) of which copies have been annexed hereto.7. The vendors who are already enlisted with BPCL should also bid against this e-tender.8. Owner, at its discretion reserves the right to verify information submitted by the bidders.9. Vendors to submit documents/information to satisfy the bid qualification criteria. Bidders should alsobe in a position to produce further information as and when required by us.10. BPCL reserves their right to negotiate the quoted prices with lowest bidder.11. The list of approved Third Party inspection agencies (TPIA) are LRIS / DNV/ IRS/ EIL/ UL INDIA PVTLTD.12. Vendors would be qualified based on data and documents provided by them and based oninformation available with BPCL with regard to their credentials.13. Owner decision on any matter regarding short listing of vendors shall be final and any bidder shallnot enter into any correspondence with owner unless asked for.14. The vendors who are on BPCL holiday list or delisted will not be considered.

a. Evaluation and award will be on item-wise lowest landed cost basis.b. The vendors should have required clearance from all statutory authorities as applicable.c. BPCL reserves the right to accept / reject any or all bid qualification documents at their sole discretionwithout assigning any reason whatsoever.d. We reserve the right to change the quantity tendered.e. BPCL, at its discretion reserves the right to verify information submitted and inspect the manufacturerfacilities, if required to confirm their capabilities.f. BPCL decision on any matter regarding short listing of Vendors shall be final and any applicant shallnot enter into any correspondence with BPCL unless asked for.

15. NAMES & ADDRESSES OF INDEPENDENT EXTERNAL MONITORS (IEM): A) IEM FOR M/S BPCLShri Brahm DuttNo. 82, Shakti BhavanRace Course RoadBangalore 560 001Tel: 080-22256568/09731316063

16. The bidder is expected to examine all instructions, forms, attachments, terms and specifications inthe tender document. The entire tender document together with all its attachments thereto, shall beconsidered to be read, understood and accepted by the bidder, unless deviations are specifically statedseriatim by the bidder. Failure to furnish all information required in the tender document or submission ofa bid not substantially responsive to the tender documents in every respect will be at bidder risk andmay result in the rejection of his bid. The bidder scope of supplies as specified in the material requisitionshall be in strict compliance with the scope detailed therein and in the bid document.17. Bidders in their own interest shall ensure that they submit their e-bid, complete in all respects, wellwithin the specified bid due date and time. No relaxation shall be given for delay due to any unforeseenevent in submission of bid.18. At any time prior to the bid due date, we may, for any reason, whether at its own initiative or inresponse to a clarification requested by a prospective Bidder, modify the Bid Document. Theamendment will be notified through e tender portal to all prospective Bidders and will be binding onthem. In order to afford prospective Bidder, reasonable time in which to take the amendment intoaccount in preparing their bids, we may, at our discretion, extend the bid due date.19. The bid prepared by the Bidder and all correspondence/ drawings and documents relating to the bidexchanged by Bidder and the Owner shall be written in ENGLISH language, provided that any printedliterature furnished by the Bidder may be written in another language so long as accompanied by anENGLISH translation, in which case, for the purpose of interpretation of the bid, the ENGLISHtranslation shall govern.20. Declaration with the bid qualification criteria that bidder has not been banned or delisted by anyGovernment or quasi Government agencies or Public Sector Undertaking (PSU) as per declarationformat of the tender document should be downloaded & then suitably filled, signed, stamped &uploaded against relevant heading under BQC DOCUMENTS TO BE UPLOADED BY VENDORS.21. Bidders are advised to submit bids based strictly on the terms & conditions and specificationscontained in the tender document and not to stipulate any deviations. Each Bidder shall submit only onebid. A Bidder who submits more than one bid will be rejected. Alternative bids will not be accepted.22. The Owner may, at its discretion, extend the bid due date, in which case all rights and obligations ofthe Owner and the Bidders, previously subject to the bid due date, shall thereafter be subject to the newbid due date as extended. The same will be hosted on BPCL website.23. Bids shall be kept valid for 6 months from the bid due date. A bid valid for a shorter period shall beconsidered as non-responsive and rejected by the Owner. Notwithstanding above, the Owner maysolicit the Bidder consent to an extension of the period of bid validity. The request and the responsesthereto shall be made in writing.24. Telex/ Telegraphic/ Telefax/ E-mail/postal offers will not be considered and shall be rejected.25. No bid shall be modified subsequent to the due date & time or extension, if any, for submission ofbids. Bidder(s) to note that Price changes after submission of bid shall not be allowed. In case anybidder gives revised prices/price implication, his bid shall be rejected. No bid shall be allowed to bewithdrawn in the interval between the deadline for submission of bids and the expiration of the period ofbid validity specified by the Bidder. No suo-moto reduction in prices quoted by bidder shall be permittedafter opening of the bid. If any bidder unilaterally reduces the prices quoted by him in his bid afteropening of bids, the bid (s) of such bidder(s) will be liable to be rejected. Such reduction shall not beconsidered for evaluation of prices but shall be binding on the bidder in case he happens to be asuccessful bidder for award of work.26. Bids that do not meet the Bid qualification criteria as specified in the bid document shall be rejected.A bid with incomplete scope of work and/or which does not meet the technical requirements as specifiedin the bid document, shall be considered as non-responsive and rejected. Conditional bids will be liablefor rejection.In order to be considered for the lot (s) (for which the bidders has submitted their offer), the bidder soffer should meet all techno-commercial requirements for all items of that lot (s).27. The Owner will examine the bids to determine whether they are complete, whether anycomputational errors have been made, whether the documents have been properly signed and whetherthe bids are generally in order.28. The bids without prescribed proforma will not be considered and bids of such bidder Bidder(s) shallbe rejected.29. The experience details and financial & technical capabilities of theBidder(s) shall be examined to





determine whether the Bidder(s) offer meets the Bid Qualification criteria mentioned. To assist in theexamination, evaluation and comparison of Un-priced bids, the Owner may, at its discretion, ask theBidder clarifications on the bid. The request for such clarifications and the response thereto shall be inwriting. Prior to the evaluation and comparison of the bid, the Owner will determine the substantialresponsiveness of each bid to the bidding documents. For the purpose of this Article, a substantiallyresponsive bid is one, which conforms to all the terms and conditions of the bidding document withoutmaterial deviations or reservations. A material deviation or reservation is one which affects in anysubstantial way the scope, quality, or performance of the works or which limits in any substantial way,inconsistent with the Bidding Document, the Owner rights or Bidder obligation under the Contract andretention of which deviation or reservation would affect unfairly the competitive position of other bidderspresenting substantially responsive bids. The Owner determination of bid responsiveness is to be basedon the contents of the bid itself without recourse to the extrinsic evidence. A bid determined assubstantially non-responsive will be rejected by the Owner and shall not subsequently be allowed by theOwner to be made responsive by the Bidder by correction of the non-conformity.30. To facilitate evaluation & comparison, BPCL shall convert all Bid prices of foreign Bidder expressedin the amounts in various currencies in which Bid price is payable, to Indian Rupees at the TT sellingrates on the date of Price Bid opening as available in State Bank of India, Mumbai . In case, exchangerate is not available in State Bank of India (Mumbai), alternative sources viz. Economics Times, RBIwebsite etc. shall be considered for all the currencies.31. Price Evaluation Criteria: Award will be on item-wise landed lowest cost basis.a) In case of Domestic Bidder the evaluated landed price shall include the following:-i) Ex- works basic price + TPIA charges + Packing & forwarding charges as quoted by the Bidder.ii) Excise duty/ taxes / Education Cess as applicable on finished goods as quoted by the Bidder. Tax &duty set-offs as applicable will be considered during evaluation.iii) Freight Charges inclusive of all taxes & duties as quoted by the Bidderiv) Transit Insurance charges inclusive of all taxes & duties as quoted by the Bidderv) ) Octroi, if any

b) In case of Foreign Bidder the evaluated landed price shall include the following:-i) FOB Port of Shipment prices (Ex- works basic price + TPIA charges + Packing & forwarding chargesas quoted by the Bidder).ii) Ocean/sea freight as quoted by the Bidder.iii) Marine insurance charges as quoted by the Bidder.iv) Port landing charges( should include port levies/ handling charges/THC charges/endorsement/DOcharges/stamp duty charges/Port charges ) and clearing charges as quoted by bidder.v) Import duties at prevailing rates in India as applicable on CIF valuevi) Inland Freight inclusive of all taxes & duties as quoted by the Bidder.vii) Inland Transit Insurance Charges inclusive of all taxes & duties as quoted by the Bidderviii) Loading on account of bank charges @ 0.5% of CIF prices.ix) Octroi if any.32. Prior to the expiration of period of bid validity, the Owner will notify the successful Bidder in writing orby e-mail, that his bid has been accepted. The Notification of Award will constitute the formation of theContract. Delivery Period shall be counted from the date of call off Purchase Order.33. Any efforts by a Bidder to influence the Owner/ in the Owner bid evaluation, bid comparison orcontract award decisions may result in the rejection of their bid.34. ISSUE OF CONTRACT/ PURCHASE ORDER: After the successful Bidder has been notified that hisbid has been accepted, BPCL will send to such Bidder a detailed contract/Purchase Order/sincorporating all the terms and conditions agreed between the parties. Within 15 days of receipt of thedetailed Purchase Order, the Bidder shall sign and return to the Owner the duplicate copy of the orderas a token of their Acknowledgement.35. Grievance Redressal Mechanism: Bharat Petroleum Corporation Limited (BPCL) has developed theGrievance Redressal Mechanism to deal with references/ grievances, if any, that is received frombidders who participated / intends to participate in the Corporation tender. The details of the same areavailable on our website www.bharatpetroleum.in36. VERIFICATION BY OWNER: All statements submitted by Bidder regarding experience, manpoweravailability, equipment and machinery availability etc., are subject to verification by the Owner eitherbefore placement of order or after placement of order. If any data submitted by the Bidder at the bidstage is found to be incorrect, the offer is liable to be rejected or the Contract/order is liable to beterminated.37.INDIAN BIDDERS : landed unit price method of calculation

BASIC PER VALVE IN INR =ATPIA charges per valve in INR= BPacking & Forwarding charges per valve in INR =CExcise duty Incl cess (in %) =DExcise duty Incl cess in value =E= D x(A+B+C)Central sales Tax in % without C form OR VAT % = FCentral sales Tax without C form OR VAT IN VALUE= G= F x(A+B+C+E)Inland Freight per valve inclusive of any tax or duty in INR = HInland Transit Insurance per valve incl of any tax or duty in INR = IOCTROI if applicable = J = % OF OCTROI x (A+B+C+E +G+H+I)SET OFFs IF ANY= KUNIT LANDED VALUE PER VALVE = A+B+C+E +G+H+I +J-k

38. FOREIGN BIDDERS: landed unit price method of calculationBASIC PER VALVE IN YOUR CURRENCY =MTPIA charges per valve in your Currency = NP&F and any other charges including FOB charges per valve in your Currency =OFOB PRICE IN YOUR CURRENCY=P=M+N+OSea Freight per Valve in your Currency =QMarine Insurance per Valve in your Currency = RCIF PRICE IN YOUR CURRENCY=S= P+Q+RCIF PRICE IN INR =T = S x currency conversion rate on date of price bid openingASSESSABLE VALUE IN INR= a= 101% of Tb = BASIC CUSTOM DUTY @ applicable RATE ON (a)c =CVD @ applicable RATE ON (a+b)d =EDU CESS @ applicable RATE ON (c)e =SEC. HIGH ED. CESS @ applicableRATE ON (c)f =CUSTOM ED. CESS @ applicable RATE ON (b+c+d+e)g =CUST SEC. & HIGH ED. CESS @ applicable rate ON (b+c+d+e)h =ADDITIONAL DUTY @ applicable rate ON (a+b+c+d+e+f+g)TOTAL COST per valve in inr= U= a +b+c+d+e+f+g+hPort /landing charges per valve in INR = VCLEARING CHARGES per valve in inr = WBANK CHARGES @ 0.5% OF CIF in INR = XInland Freight per valve inclusive of any tax or duty in INR = YInland Transit Insurance per valve incl of any tax or duty in INR = ZOCTROI if applicable = J = % OF OCTROI * (U)UNIT LANDED VALUE PER VALVE in inr= (U-a+T)+V+W+X+Y+Z+J39. Arbitration clause will be as attached with the tender.

2 I Agree to above INSTRUCTIONS TOBIDDERS

10.3. Particulars of Bidder [Technical Qualification]

10.4. ANNEXURE A8 : ARBITRATION CLAUSE [Technical Qualification]





1 1. Name of the Tenderer

2 2.(a) Office Address

3 2.(b) Factory Address

4 2.(c) Tel No - Office

5 2.(d) Tel No - Factory

6 2.(e) Fax No - Office

7 2.(f) Fax No - Factory

8 3. Email ID (The email ID should be validfor the full tender period and the informationshared/ advise issued/ other mails sent tothis ID shall be treated as officialcommunication from either sides)

9 4.Name/ designation of personnel handlingthe email IDs

-

1 9. Year of Establishment / Registration &Date ((Certificate of registration issued byRegistrar of firms/ Companies to beuploaded)

Bankers Information

1 13. a) Name of Bankers & Full Address

1 15. a) Year of commencement ofmanufacturing

17.Sales Tax Registration No

1 a) State Sales Tax

2 b) Central Sales Tax

3 c) Service tax registration

Upload relevant registration certificate

APPLICABLE FOR ANNUAL RATE CONTRACTS/BULK PURCHASE CONTRACTS / REGULAR TENDERS

ARBITRATION CLAUSE

(i) Any dispute or difference of any nature whatsoever any claim, cross-claim, counter-claim or set off of the Corporation against the Contractor orregarding any right, liability, act, omission or account of any of the parties hereto arising out of or in relation to this agreement shall be referred to the SoleArbitration of the Director (Marketing) of the Corporation or of some officer of the Corporation who may be nominated by the director (Marketing ).The Contractor will not be entitled to raise any objection to any such arbitrator on the ground that the Arbitrator is an Officer of the Corporation or that he hasdealt with the matters to which the contract relates or that in the course of his duties as an Officer of the Corporation he had expressed views on all or anyother matters in disputes or differences.In the event of the arbitrator to whom the matter is originally referred being transferred or vacating his office he shall be entitled to continue the arbitrationproceedings notwithstanding his transfer or vacating his office unless the Director (Marketing) at the time of such transfer, vacation of office or any timethereafter designates another person to act as arbitrator in his place in accordance with the terms of the agreement.

In the event of the arbitrator to whom the matter is originally referred, vacating his office or being unable or refusing to act for any reason the Director(Marketing) at the time of vacation of office or inability or refusal to act shall designate another person to act as an arbitrator in accordance with the terms ofthe said agreement.The arbitrator newly appointed shall be entitled to proceed with the reference from the point at which it was left by his predecessor.It is also a term of this contract that no person other than the Director (Marketing) or a person nominated by such Director (Marketing) of the Corporation asaforesaid shall act as arbitrator hereunder. The award of the arbitrator so appointed shall be final conclusive and binding on all parties to the agreementsubject to the provision of the Arbitrator Act, 1940 or any statutory modification or re-enactment thereof and the rules made thereunder for the time being inforce shall apply to the arbitration proceedings under this clause.

(ii) The award shall be made in writing and published by the arbitrator within two years after entering upon the reference or within such extended time notexceeding further twelve months as the Sole Arbitrator shall by a writing under his own hands appoint. The parties hereto shall be deemed to haveirrevocably given their consent to the Arbitrator to make and publish the award within the period referred to herein above and shall not be entitled to raise anyobjection or protest thereto under any circumstances whatsoever.

(iii) The arbitrator shall have power to order and direct either of the parties to abide by, observe and perform all such directions as the arbitrator may think fithaving regard to the matters in difference i.e. dispute before him. The arbitrator shall have all summary powers and may take such evidence oral and/ordocumentary, as the arbitrator in his absolute discretion thinks fit and shall be entitled to exercise all powers under the Arbitration and Conciliation Act 1996including admission of any affidavit as evidence concerning the matter in difference i.e. dispute before him.

(iv) The parties against whom the arbitration proceedings have been initiated, that is to say, the Respondents in the proceedings, shall be entitled to prefer across-claim, counter-claim or set off before the Arbitrator in respect of any matter and issue arising out of or in relation to the Agreement without seeking aformal reference of arbitration to the Director (Marketing) for such counter-claim, Cross-claim or set off and the Arbitrator shall be entitled to consider anddeal with the same as if the matters arising therefrom has been referred to him originally and deemed to form part of the reference made by the Director(Marketing).

(v) The Arbitrator shall be at liberty to appoint, if necessary any accountant or engineer or other technical person to assist him, and to act by the opinion sotaken.

(vi) The Arbitrator shall have power to make one or more awards whether interim or otherwise in respect of the dispute and difference and in particular will beentitled to make separate awards in respect of claims or cross-claims of the parties.

10.5. INTEGRITY PACT UPLOAD BY VENDORS [Technical Qualification]

10.6. PURCHASE TERMS & CONDITIONS [Technical Qualification]





(vii) The arbitrator shall be entitled to direct any one of the parties to pay the costs of the other party in such manner and to such extent as the arbitrator may inhis discretion determine and shall also be entitled to require one or both the parties to deposit funds in such proportion to meet the arbitrators expenseswhenever called upon to do so.

(viii) The parties hereby agree that the courts in the city of Bombay alone shall have jurisdiction to entertain any application or other proceedings in respect ofanything in respect of anything arising under this agreement and any award or awards made by the Sole Arbitrator hereunder shall be filed in the concernedcourts in the city of Bombay only.

Acceptance of ARBITRATION CLAUSE

1 I Accept the above ARBITRATIONCLAUSE

INTEGRITY PACT UPLOAD BY VENDORS

1 INTEGRITY PACT UPLOAD BY VENDOR

PURCHASE TERMS & CONDITIONS

Description





Bharat Petroleum Corporation Limited

General Purchase Conditions

The following conditions shall be applicable for all procurement unless specifically mentioned in the Special Purchase Conditions.

INDEX

1. DEFINITIONS 2. REFERENCE FOR DOCUMENTATION 3. RIGHT OF OWNER TO ACCEPT OR REJECT TENDER 4. LANGUAGE OF BID 5. PRICE 6. TAXES AND DUTIES 7. INSPECTION 8. SHIPPING 9. INDIAN AGENT COMMISSION10. ORDER AWARD / EVALUATION CRITERIA11. CONFIRMATION OF ORDER12. PAYMENT TERMS13. GUARANTEE/WARRANTY14. PERFORMANCE BANK GUARANTEE15. PACKING & MARKING16. DELIVERY17. UNLOADING AND STACKING18. TRANSIT INSURANCE19. VALIDITY OF OFFER20. DELIVERY DATES AND PRICE REDUCTION SCHEDULE21. RISK PURCHASE CLAUSE22. FORCE MAJEURE CLAUSE23. ARBITRATION CLAUSE24. INTEGRITY PACT (IP)25. RECOVERY OF SUMS DUE26. CONFIDENTIALITY OF TECHNICAL INFORMATION27. PATENTS & ROYALTIES28. LIABILITY CLAUSE29. COMPLIANCE OF REGULATIONS30. REJECTION, REMOVAL OF REJECTED GOODS AND REPLACEMENT31. NON-WAIVER32. NEW & UNUSED MATERIAL33. PURCHASE PREFERENCE CLAUSE34. CANCELLATION35. ANTI COMPETITIVE AGREEMENTS/ABUSE OF DOMINANT POSITION36. ASSIGNMENT37. GOVERNING LAW38. AMENDMENT39. SPECIAL PURCHASE CONDITIONS40 NOTICES

Bharat Petroleum Corporation Limited

General Purchase Conditions

1. DEFINITIONS :

The following expressions used in these terms and conditions and in the purchase order shall have the meaning indicated against each of these:

1.1. OWNER: Owner means Bharat Petroleum Corporation Limited (a Government of India enterprise), a Company incorporated in India having its registeredoffice at Bharat Bhavan, 4 & 6 Currimbhoy Road, Ballard Estate, Mumbai 400038 and shall include its successors and assigns (hereafter called BPCL as ashort form).

1.2. VENDOR: Vendor means the person, firm or the Company / Corporation to whom this Request for quotation (RFQ)/purchase order is issued and shallinclude its successors and assigns.

1.3. INSPECTOR: Person/agency deputed by BPCL for carrying out inspection, checking/testing of items ordered and for certifying the items conforming tothe purchase order specifications..

1.4. GOODS / MATERIALS: means any of the articles, materials, machinery, equipments, supplies, drawing, data and other property and all services includingbut not limited to design, delivery, installation, inspection, testing and commissioning specified or required to complete the order.

1.5. SITE / LOCATION: means any Site where BHARAT PETROLEUM CORPORATION LTD. desires to receive materials any where in India as mentioned inRFQ.

1.6. RATE CONTRACT means the agreement for supply of goods/ materials between Owner and Vendor, for a fixed period of time (i.e till validity of RateContract, with no commitment of contractual quantity) on mutually agreed terms and conditions. The actual supply of goods/ materials shall take place only onissue of separate purchase orders for required quantity as and when required by Owner.

1.7. FIRM PROCUREMENT means the agreement between the parties for mutually agreed terms and conditions with commitment of Quantity Ordered.

2. REFERENCE FOR DOCUMENTATION :

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

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

2.3. In the case of imports, the relevant particulars of the import Licence shall be duly indicated in the invoice and shipping documents as well as on thepackages or consignments.

3. RIGHT OF OWNER TO ACCEPT OR REJECT TENDER : The right to accept the tender will rest with the Owner.

4. LANGUAGE:

The Bid and all supporting documentation and all correspondence whatsoever exchanged by Vendor and Owner, shall be in English language only.





5. Price :

Unless otherwise agreed to the terms of the RFQ, price shall be :

Firm and no escalation will be entertained on any ground, except on the ground of statutory levies applicable on the tendered items.

6. TAXES AND DUTIES :

All vendors shall have VAT / CST/GST/Service tax registration in the concerned State and vendor shall quote their TIN number in the quotation.

6.1. EXCISE DUTY :

6.1.1. Excise duty extra as applicable at the time of delivery within scheduled delivery period will be payable by BPCL against documentary evidence. Vendorshall mention in their offer, the percentage of excise duty applicable at present. Any upward variation in excise duty rates, beyond the contractual deliveryperiod, shall be to vendor s account.

6.1.2. In case Excise Duty is not applicable at present : Excise duty due to change in turn over is not payable. If applicable in future, the same will be borne byvendor.

6.1.3. Owner shall take CENVAT Credit on the material supplied for both excise duty and cess component and accordingly Excise duty / Cess should bequoted separately wherever applicable.

Vendor shall ask the transporter of the goods to hand over the copy of excise invoice (transporter s copy) at the time of delivery of goods at owner s site.

6.2. SALES TAX / VAT/GST :

6.2.1. Sales Tax as applicable at the time of delivery within scheduled delivery period will bepayable by BPCL. Vendor shall give details of local sales tax and/oror central sales tax currently applicable in their offer. The rates applicable for CST withoutform C , CST with form C and VAT shall be clearly indicated.

6.2.2. Input VAT Credit may be claimed by BPCL, wherever applicable. Vendor shall submit the TAXinvoice.

6.3 Service tax :

All vendors shall have service tax registration wherever applicable. BPCL may also claim CENVAT Credit on service tax. The vendor should quote servicetax separately, if applicable. Vendor shall submit the TAX invoice. Vendor is required to furnish serially numbered and signed invoice / bill / challan containingthe following details:

a) Name, address and registration number of the service providerb) Name and address of person receiving taxable servicec) Description, classification and value of taxable service providedd) Service Tax Payable

6.4 FREIGHT AND OCTROI :

6.4.1 Freight: Firm freight charges to be quoted as indicated in the Tender documents. Freight shall be payable after receipt of the Material(s) at the site,unless otherwise specified.

6.4.2. Octroi and entry taxes, if any, shall be invoiced separately and shall be re-imbursed by BPCL at actuals after receipt of the Material(s) at the Siteagainst the submission of original documentary evidence for proof of payment of the related octroi and entry taxes, as the case may be.

6.5. NEW STATUTORY LEVIES :

All new statutory levies leviable on sale of finished goods to owner , if applicable are payable extra by BPCL against documentary proof, within the contractualdelivery period.

6.6 Variation in Taxes/Duties

Any increase/decrease in all the above mentioned statutory levies on the date of delivery during the scheduled delivery period on finished materials will be onBPCL s account. Any upward variation in statutory levies after contractual delivery date shall be to vendor s account.

6.7 Income Tax (Withholding tax)

In the case of availment of services from Non Resident Vendors who are claiming benefits offered under the Double Taxation Avoidance Agreements signedby India with the Government of the other country (i.e the country of the Vendor), such Non Resident Vendors are required to provide the Tax ResidencyCertificates at the time of submission of Bid documents. The Tax Residency Certificates shall contain the following details :

a) Name of Vendor (assessee) ;b) Status (Individual, Company, firm etc.) of assessee;c ) Nationality (in case of individual); d) Country or specified territory of incorporation or registration (in case of others); e) Assessee s tax identification number in the country or specified territory ofresidence or in case no such number, then, a unique number on the basis of which the person is identified by the Government of the country or the specifiedterritory; f) Residential status for the purpose of tax; g) Period for which the certificate is applicable; and h) Address of the applicant for the period for which the certificate is applicable.

The Tax Residency Certificate shall be duly verified by the Government of the Country or the specified territory of the assessee of which the assessee claims to be a resident for the purposes of tax.

7. INSPECTION :

7.1. Materials shall be inspected by BPCL approved third party inspection agency if applicable before dispatch of materials. However, arranging and providinginspection facilities is entirely vendor s responsibility and in no way shall affect the delivery schedule.

7.2. Scope of Inspection shall be as per RFQ. Our registered third party inspection agencies are SGS/GLISPL/IRS/DNV/LRIS/EIL/TATAProjects/PDIL/ULIPL/RITES LTD/ITSIPL as amended time to time unless otherwise specified in the Special Purchase Conditions.

7.3. Unless otherwise specified, the inspection shall be carried out as per the relevantstandards/scope of inspection provided alongwith the Tender Enquiry/Purchase Order.

7.4. BPCL may, at its own expense, have its representative(s) witness any test or inspection. In order to enable BPCL s representative(s) to witness thetests/inspections. BPCL will advise the Vendor in advance whether it intends to have its representative(s) be present at any of the inspections.

7.5. Even if the inspection and tests are fully carried out, the Vendor shall not be absolved from its responsibilities to ensure that the Material(s), raw materials,components and other inputs are supplied strictly to conform and comply with all the requirements of the Contract at all stages, whether during manufactureand fabrication, or at the time of Delivery as on arrival at site and after its erection or start up or consumption, and during the defect liability period. The





inspections and tests are merely intended to prima-facie satisfy BPCL that the Material(s) and the parts and components comply with the requirements of theContract. The Vendor s responsibility shall also not be anywise reduced or discharged because BPCL or BPCL s representative(s) or Inspector(s) shall haveexamined, commented on the Vendor s drawings or specifications or shall have witnessed the tests or required any chemical or physical or other tests or shallhave stamped or approved or certified any Material(s).

7.6. Although material approved by the Inspector(s), if on testing and inspection after receipt of the Material(s) at the location, any Material(s) are found not tobe in strict conformity with the contractual requirements or specifications, BPCL shall have the right to reject the same and hold the Vendor liable for non-performance of the Contract.

8. SHIPPING :

8.1 SEA SHIPMENT :

All shipment of materials shall be made by first class direct vessels, through the chartering wing, Ministry of Surface Transport as per procedure detailedhereunder. The Foreign Supplier shall arrange with Vessels Owners or Forwarding Agents for proper storage of the entire Cargo intended for the project in aspecific manner so as to faciliate and to avoid any over carriage at the port of discharge. All shipment shall be under deck unless carriage on deck isunavoidable.

The bills of lading should be made out in favour of Bharat Petroleum Corporation Ltd.. or order .All columns in the body of the Bill of Lading namely marks and nos., material description, weight particulars etc., should be uniform and accurate and suchstatements should be uniform in all the shipping documents. The freight particulars should mention the basis of freight tonnage, heavy lift charges, if any,surcharge, discount etc. clearly and separately. The net total freight payable shall be shown at the bottom.

SHIPPING DOCUMENTS :

All documents viz. Bill of Lading, invoices, packing list, freight memos, country of origin certificates, test certificate, drawings and catalogues should be inEnglish language.

In addition of the bill of lading which should be obtained in three stamped original plus as many copies as required, invoices, packing list, freight memos,(if thefreight particulars are not shown in the bills of lading), country of origin certificate, test / composition certificate, shall be made out against each shipment in asmany number of copies as shown below.

The bill of lading, invoice and packing list specifically shall show uniformly the mark and numbers, contents case wise, country of origin, consignees name,port of destination and all other particulars as indicated under clause 2. The invoice shall show the unit rates and net total F.O.B. prices. Items packedseparately should also be invoiced and the value shown accordingly. Packing list must show apart from other particulars actual contents in each case, net andgross weights and dimensions, and the total number of packages. All documents should be duly signed by the Vendor s authorised representatives.

In the case of FOB orders, Shipping arrangements shall be made by the Chartering Wing Of the Ministry of Surface Transport, New Delhi through their respective forwarding agents. The names and addresses of forwarding agents shall be as perSpecial Purchase Conditions. Supplier shall furnish to the respective agents the full details of consignments such as outside dimension, weights (both grossand net) No of packages, technical description and drawings, name of supplier, ports of loading, etc. 6 weeks notice shall be given by the supplier to enablethe concerned agency to arrange shipping space.

The bill of lading shall indicate the following :

Shipper : Goverment of India

Consignee : Bharat Petroleum Corporation Ltd.

In case of supplies from USA, Export Licences, if any required from the American Authorities shall be Obtained by the U.S. Suppliers. If need be assistancefor obtaining such export licences would be available from India Supply Mission at Washington.

8.2 AIRSHIPMENT :

In case of Airshipment, the materials shall be shipped through freight consolidator (approved by us). The airway bill shall be made out in favour of BHARATPETROLEUM CORPORATION LTD.

TRANSMISSION OF SHIPPING DOCUMENTS :

Foreign Supplier shall obtain the shipping documents in seven complete sets including three original stamped copies of the Bill of Lading as quickly aspossible after the shipment is made, and airmail as shown below so that they are received at least three weeks before the Vessels arrival. Foreign Suppliershall be fully responsible or any delay and / or demurrage in clearance of the consignment at the port due to delay in transmittal of the shipping documents.

If in terms of letter or otherwise, the complete original set of documents are required to be sent to BPCL through Bank the distribution indicated below willconfine to copies of documents only minus originals.

Documents BPCL (Mumbai)

Bill of Lading 4 (including 1 original) Invoice 4 Packing List 4 Freight Memo 4 Country of Origin Certificate 4 Third party inspection certificate 4 Drawing 4 Catalogue 4 Invoice of Third Party 4 for inspection charges whenever applicable.

9. INDIAN AGENT COMMISSION :

Any offer through Indian agents will be considered only after authorization mentioning them as Indian agents, is received from Vendor. Indian agentscommission if applicable will be payable only in Indian currency. Indian agents should be registered with Directorate General of Supplies and Disposals,Government of India and agency commission will be payable only after registration with DGS&D, New Delhi.

10. ORDER AWARD / EVALUATION CRITERIA :

Unless otherwise specified, Order award criteria will be on lowest quote landed price basis. Landed price will be summation of Basic Price, Packing &Forwarding Charges, Excise Duty, Sales Tax, Freight, Inspection, Octroi, Supervision of Installation & Commissioning and other taxes & levies, loading etc, ifany, reduced by cenvat/vat credit as applicable.

11. CONFIRMATION OF ORDER :

The vendor shall acknowledge the receipt of the purchase order within 10 days of mailing the same. The vendor shall sign, stamp the acknowledgement copyof the purchase order and return the same to BPCL.

12. PAYMENT TERMS :

12.1. Unless otherwise specified, 100% payment shall be made within 30 days from date of receipt and acceptance of materials at Site against submission ofPeformance Bank Guarantee (PBG) for 10% of basic order value if PBG is applicable for the tender.

12.2. In the case of imports, payment will be made on submission of original documents directly to Owner (Telegraphic Transfer-TT) or through Bank (Cash against documents-CAD) or through





irrevocable Letter of Credit.

12.3. Unless otherwise mentioned, the specified documents (All documents listed below (oneoriginal and two copies)) should be submitted to originator of P.O. (the name and contact details of whom are given in PO) and payments for despatches willbe made by the originator of Purchase Order :

a) Invoiceb) Excise invoicec) The Lorry Receipt of the consignmentd) Packing list for the consignmente) Third Party Inspector s Certificate covering the invoiced Material(s)/ Release Note, wherever applicablef) Manufacturers Test/Composition Certificate, wherever applicableg) Drawing(s)/Catalogue(s) covering the Material(s) , wherever applicableh) Guarantee/Warranty Certificate(s), wherever applicable. i) Original Receipt for Octroi/other statutory levies as applicable. j) Performance Bank Guarantee as applicable.

13. GUARANTEE/WARRANTY :

13.1. Materials shall be guaranteed against manufacturing defects, materials, workmanship and design for a period of 12 months from the date ofcommissioning or 18 months from the date of dispatch whichever is earlier. Warranty for replacement of material / accessories should be provided free ofcharges at our premises. The above guarantee/warranty will be without prejudice to the certificate of inspection or material receipt note issued by us inrespect of the materials.

13.2. All the materials including components and sub contracted items should be guaranteed by the vendor within the warranty period mentioned above. In theevent of any defect in the material, the vendor will replace / repair the material at BPCL s concerned location at vendor s risk and cost on due notice.

13.3. In case, vendor does not replace / repair the material on due notice, rejected material will be sent to the vendor on Freight to pay basis for freereplacement. Material after rectification of defects shall be dispatched by the vendor on Freight Paid basis. Alternatively, BPCL reserves the right to havethe material repaired / replaced at the locations concerned, at the vendor s risk, cost and responsibility.

13.4. The Vendor shall provide similar warrantee on the parts, components, fittings, accessories etc. so repaired and / or replaced.

14. PERFORMANCE BANK GUARANTEE :

14.1. Vendor will have to provide Performance Bank Guarantee for 10% of the basic value of purchase order unless otherwise specified. This bank guaranteeshall be valid (shall remain in force) for guarantee period (as mentioned in the guarantee clause), with an invocation period of six months thereafter. In thecase of Indigenous vendors, the Performance Bank Guarantee shall be given on a non-judicial stamp paper of appropriate value (currently Rs 100). PBGformat is as per Annexure I.

In case, PBG is not provided by the Vendor, 10% of the basic value shall be retained in lieu of PBG, till the expiry of guarantee and claim period.

In the case of imports, the Supplier shall furnish the Performance Bank Guarantee (as per Annexure I) through the following :

a) Branches of Indian scheduled banks operating in their Country.b) Foreign bank operating in their Country which is counter guaranteed by branches of Indian scheduled banks operating in their Country/India.c) Indian branches of foreign banks.d) Foreign bank operating in their Country counter guaranteed by their Indian branch

However, in respect of c) and d) above, the Indian branch of foreign banks should be recognized as scheduled bank by Reserve Bank of India.

14.2. If Vendor wants to submit the PBG at Contract level to avoid multiple number of PBG (i.e. PBG issued against every purchase/call off order) then thevalidity of PBG will be calculated as mentioned below :

14.2.1. Validity of PBG = Rate Contract Issue Date (Start Date of Rate Contract) + Rate Contract Period (validity of Rate Contract) + Contractual DeliveryPeriod of material + Contractual Guarantee period + 6 month (for invocation / Claim).

15. PACKING & MARKING :

15.1 PACKING :

15.1.1 Packing shall withstand the hazards normally encountered with the means of transportfor the goods of this purchase order including loading and unloading operation both by crane and by pushing off.

In the case of imports, all equipments / materials shall be suitably packed in weather proof, seaworthy packing for ocean transport under tropical conditionsand for rail or road or other appropriate transport in India. The packing shall be strong and efficient enough to ensure safe preservance upto the final point ofdestination.

Raw/Solid wood packaging material of imported items has to be appropriately treated & marked as per International Standard of Phytosanitary Measures(ISPM-15 ) for material originating from the contracting countries to the International Plant Protection Convention or the members of Food & AgricultureOrganization. Material from non-contracting parties would have to be accompanied by a phytosanitary certificate of the treatment endorsed. The CustomOfficer at Indian Port shall not release the material without appropriate compliance of the above provisions w.e.f. 01.11.2004.

15.1.2 The packing specification incorporated herein are supplementary to the internal and external packing methods and standards as per current generalrules of J.R.A. Good Tariff Part-I. All packaging shall be done in such a manner as to reduce volume as much as possible.

15.1.3 Fragile articles should be packed with special packing materials depending on the type of Materials and the packing shall bear the words HANDLEWITH CARE GLASS FRAGILE, DON T ROLL THIS END UP. THIS END DOWN, to be indicated by arrow.

15.1.4 Chemicals in powder form, catalyst, refractories and like materials etc. shall be packed in drums, cans and tins only. However, Catalyst may besupplied in Jumbo bags.

15.1.5 The hazardous materials shall be packed in accordance with the applicable rules, regulations and tariff of all cognizant Government Authorities andother Governing bodies. It shall be the responsibility of the seller of hazardous materials to designate the material as hazardous and to identify each materialby its proper commodity name and its hazardous material class code.

15.1.6 All package requiring handling by crane should have sufficient space at appropriate place to put sling of suitable dia (strength). Iron/Steel angle shouldbe provided at the place where sling marking are made to avoid damage to package/ equipment while lifting.

15.1.7 Item shipped in bundles must be securely tied with steel wire or strapping. Steel reinforcing rods, bars, pipes, structural members etc. shall be bundledin uniform lengths and the weight shall be within the breaking strength of the securing wire or strapping.

In the case of imports, for bundles the shipping marks shall be embossed on metal or similar tag and wired securely on each end.

15.1.8 All delicate surface on equipment/materials should be carefully protected and printed with protective paint/compound and wrapped to prevent rustingand damage.

15.1.9 All mechanical and electrical equipment and other heavy articles shall be securely fastened to the case bottom and shall be blocked and braced toavoid any displacement/shifting during transit.

15.1.10 Attachments and spare parts of equipment and all small pieces shall be packed separately in wooden cases with adequate protection inside the caseand wherever possible should be sent along with the main equipment. Each item shall be suitably tagged with identification of main equipment, itemdenomination and reference number of respective assembly drawing. Each item of steel structure and furnaces shall be identified with two erection markings





with minimum lettering height of 15mm. Such markings will be followed by the collection numbers in indelible ink/paint. A copy of the packing list shallaccompany the materials in each package.

15.1.11 All protrusions shall be suitably protected by providing a cover comprising of tightly bolted wooden disc on the flanges. All nozzles, holes and openingsand also all delicate surfaces shall be carefully protected against damage and bad weather. All manufactured surfaces shall be painted with rust proof paint.

In the case of imports, for bulk uniform material when packed in several cases, progressive serial numbers shall be indicated on each case.

15.1.12 Wherever required, equipment/materials instruments shall be enveloped in polythene bags containing silicagel or similar dehydrating compound.

15.1.13 Pipes shall be packed as under:

a. Upto 50mm NB in wooden cases/crates.

b. Above 50mm NB and upto 100mm NB in bundles and should be strapped at minimumthree places.

c. Above 100mm NB in loose.

15.1.14 Pipes and tubes of stainless steel, copper etc. shall be packed in wooden cases irrespective of their sizes.

15.1.15 Pipes with threaded or flanged ends shall be protected with suitable caps covers, before packing.

In the case of imports, all pipes and sheets shall be marked with strips bearing progressive no.

15.1.16 Detailed packing list in waterproof envelope shall be inserted in the package together with equipment/materials. One copy of the detailed packing listshall be fastened outside of the package in waterproof envelope and covered by metal cover.

15.1.17 The supplier shall be held liable for all damages or breakages to the goods due to the defective or insufficient packing as well as for corrosion due toinsufficient protection.

15.1.18 Packaged equipment or materials showing damage defects or shortages resulting fromimproper packaging materials or packing procedures or having concealed damages orshortages, at the time of unpacking shall be to the supplier s account.

All packages which require special handling and transport should have their Centres of Gravity and the points at which they may be slung or gripped clearlyindicated and marked ATTENTION SPECIAL LOAD HANDLE WITH CARE both in English/Hindi Languages.

In the case of imports, a distinct colour splash in say red black around each package crate / bundle shall be given for identification.

15.1.19 Along with the packed material, supplier should attach material list, manuals/instructions and also the Inspection certificate/release note, whereverapplicable.

15.2. MARKING :

The following details to be written on the side face of packing:

a) Purchase Order Numberb) Vendor Namec) Batch no with Manufacturing dated) Procedure (in brief) for handlinge) Date of dispatch etc.

15.3 Imported items :

On three sides of the packages, the following marks shall appear, clearly visible, with indelible paint and on Vendor s care and expenses.

BHARAT PETROLEUM CORPORATION LIMITED (With detailed address as given in Special Purchase Conditions)

From :

To : Bharat Petroleum Corpn.Ltd.

(With detailed address as given in Special Purchase Conditions)

Order no. Rev. no. Item : Equipment Nomenclature : Net weight : Kgs. Gross weight : Kgs. Case No. of Total cases : Dimensions : Import Licence No.

NOTE :Marking shall be bold - minimum letter height 5 cm. For every order and every shipment, packages must be marked with serial progressive numbering.

Top heavy containers shall be so marked either Top Heavy or Heavy Ends.

When packing material is clean and light coloured, a dark black stencil paint shall be acceptable. However, where packaging material is soiled or dark, a coatof flat zinc white paint shall be applied and allowed to dry before applying the specific markings.

In case of large equipments like vessels, heat exchangers, etc. the envelope containing the documents shall be fastened inside a shell connection, with anidentifying arrow sign documents using indelible paint.

16. DELIVERY :

16.1. Unless otherwise mentioned, Vendor is requested to quote their best delivery schedule from the date of receipt of Purchase order.

16.2. Time being the essence of this contract, the delivery mentioned in the purchase order shall be strictly adhered to and no variation shall be permittedexcept with prior authorization in writing from the Owner. Goods should be delivered, securely packed and in good order and condition, at the place of deliveryand within the time specified in the purchase order for their delivery.

16.3. The contractual delivery period is inclusive of all the lead time for engineering /procurement of raw material, the manufacturing, inspection / testing, packing, transportation or any other activity whatsoever required to be accomplished foreffecting the delivery at the required delivery point.

16.4. Unless otherwise specified, Material(s) shall not be despatched without prior inspection and/or testing and Release Order/Material(s) AcceptanceCertificate issued by the Inspector(s).





16.5. BPCL shall have the right to advise any change in despatch point or destination in respect of any Material(s). Any extra expenditure incurred by theVendor on this account supported by satisfactory documentary evidence, will be reimbursed to the Vendor by BPCL.

17. UNLOADING AND STACKING :

Unloading and stacking will be arranged by BPCL. The Vendor shall send BPCL information of the proposed consignment well in advance by telegram/fax/e-mail/courier to enable BPCL to take necessary action.

18. TRANSIT INSURANCE :

Unless otherwise mentioned,

18.1. Transit Insurance shall be covered by the Vendor.

18.2 In the case of imports, insurance against all marine and transit risk shall be covered under the Owner s marine policy. However, the Vendor shall ensurethat in effecting shipments clear bill of lading are obtained and the carrier s responsibility is fully retained on the Carriers so that the consignee s interests arefully secured and are in no way jeopardized.

18.2. The Vendor shall send BPCL information of the proposed consignment well in advance by telegram/fax/e-mail/courier to enable BPCL to take necessaryaction for the transit insurance of the consignment. Any failure by the Vendor to do so shall place the consignment at the Vendor s risk.

18.3. In the case of imports, as soon as any shipment is made, the Foreign Supplier shall send advance information by way of Telex message to BharatPetroleum Corporation Ltd., (with detailed address as given in Special Purchase Conditions) giving particulars of the shipments, vessels name, port ofshipment, bill of lading number and date, total FOB and freight value.

19 VALIDITY OF OFFER:

The rates quoted against this tender shall be valid for a period of 180 Days from the date of opening of the tender unless otherwise specified in the SpecialPurchase Conditions.

20. DELIVERY DATES AND PRICE REDUCTION SCHEDULE :

20.1. The time and date of Delivery of Material(s) as stipulated in the Contract shall be adhered to on the clear understanding that the Price(s) of theMaterial(s) has/have been fixed with reference to the said Delivery date(s).

20.2. If any delay is anticipated by the Vendor in the delivery of the Material(s) or any of them beyond the stipulated date(s) of Delivery, the Vendor shallforthwith inform BPCL in writing of such anticipated delay and of the steps being taken by the Vendor to remove or reduce the anticipated delay, and shallpromptly keep BPCL informed of all subsequent developments.

20.3. The delivery period quoted must be realistic & specific. The inability of successful Vendors to execute orders in accordance with the agreed deliveryschedule will entitle BPCL, at its options, to :

20.3.1. Accept delayed delivery at prices reduced by a sum equivalent to half percent (0.5%) of the basic value of any goods not delivered for every week ofdelay or part thereof, limited to a maximum of 5% of the total basic order value. LR date will be considered as delivery completion date for calculation of pricereduction in the case of ex works contract. Date of receipt of materials at owners premises shall be considered for calculation of price reduction for F.O.Rdestination contract.

In the case of imports, the contractual delivery date shall be considered from the date of Letter of Credit (L/C) or the date of L/C amendment because of Buyers fault plus one week (to take care of transit time for receipt of L/c) plus the delivery schedule as indicated by the vendors.In case of the shipment taking place on Cash against documents , the contractual delivery shall be taken from the date of purchase order plus one week (totake care of transit time for receipt of order) plus delivery period.Further the date of B/L or House airway bill shall be considered to find out the delay with respect to contractual delivery date. In case of FOB shipments if thevessel is not available then the intimation by vendors regarding readiness of the goods for the shipment shall be considered for calculating the delay if any. Sovendor shall inform the readiness of material for shipment on FOB (Free on Board)basis / FCA (Free on Carrier) basis.

20.3.2. Cancel the order in part or full and purchase such cancelled quantities from elsewhere on account at the risk and cost of the vendor, without prejudiceto its right under 20.3.1 above in respect of goods delivered.

21. RISK PURCHASE CLAUSE :

BPCL reserves the right to curtail or cancel the order either in full or part thereof if the vendor fails to comply with the delivery schedule and other terms &conditions of the order. BPCL also reserves the right to procure the same or similar materials/equipment through other sources at vendor s entire risk, cost andconsequences. Further, the vendor agrees that in case of procurement by the owner from other sources the differential amount paid by the owner shall be onaccount of the vendor together with any interest and other costs accrued thereon for such procurement.

22. FORCE MAJEURE CLAUSE :

(A) Definition: The term Force Majeure means any event or circumstance or combination of events or circumstances that affects the performance by thevendor of its obligations pursuant to the terms of this Agreement (including by preventing, hindering or delaying such performance), but only if and to theextent that such events and circumstances are not within the vendor s reasonable control and were not reasonably foreseeable and the effects of which thevendor could not have prevented or overcome by acting as a Reasonable and Prudent person or, by the exercise of reasonable skill and care. Force Majeureevents and circumstances shall in any event include the following events and circumstances to the extent they or their consequences satisfy the requirementsset forth above in this Clause:i. the effect of any element or other act of God, including any storm, flood, drought, lightning, earthquake, tidal wave, tsunami, cyclone or other natural disaster;ii. fire, accident, loss or breakage of facilities or equipment, structural collapse or explosion;iii. epidemic, plague or quarantine;iv. air crash, shipwreck, or train wreck;v. acts of war (whether declared or undeclared), sabotage, terrorism or act of public enemy (including the acts of any independent unit or individual engaged inactivities in furtherance of a programme of irregular warfare), acts of belligerence of foreign enemies (whether declared or undeclared), blockades, embargoes,civil disturbance, revolution, rebellion or insurrection, exercise of military or usurped power, or any attempt at usurpation of power;vi. radioactive contamination or ionizing radiation;( B) Notice and Reporting:i. The Vendor shall as soon as reasonably practicable after the date of commencement of the event of Force Majeure, but in any eventno later than two (7) days after such commencement date, notify BPCL in writing of such event of Force Majeure and provide the following information:

(a) reasonably full particulars of the event or circumstance of Force Majeure and the extent to which any obligation will be prevented or delayed;(b) such date of commencement and an estimate of the period of time required to enable the vendor to resume full performance of its obligations; and(c) all relevant information relating to the Force Majeure and full details of the measures the vendor is taking to overcome or circumvent such Force Majeure.ii. The Vendor shall, throughout the period during which it is prevented from performing, or delayed in the performance of, its obligations under this Agreement,upon request, give or procure access to examine the scene of the Force Majeure including such information, facilities and sites as the other Party mayreasonably request in connection with such event. Access to any facilities or sites shall be at the risk and cost of the Party requesting such information andaccess.

(C) Mitigation Responsibility:(i) The Vendor shall use all reasonable endeavours, acting as a Reasonable and Prudent Person, to circumvent or overcome any event or circumstance ofForce Majeure as expeditiously as possible, and relief under this Clause shall cease to be available to the Vendor claiming Force Majeure if it fails to use suchreasonable endeavours during or following any such event of Force Majeure.(ii) The Vendor shall have the burden of proving that the circumstances constitute valid grounds of Force Majeure under this Clause and that it has exercisedreasonable diligence efforts to remedy the cause of any alleged Force Majeure.(iii) The Vendor shall notify BPCL when the Force Majeure has terminated or abated to an extent which permits resumption of performance to occur and shallresume performance as expeditiously as possible after such termination or abatement.(D) Consequences of Force Majeure. Provided that the Vendor has complied and continues to comply with the obligations of this Clause and subject to thefurther provisions:(i) the obligations of the Parties under this Agreement to the extent performance thereof is prevented or impeded by the event of Force Majeure shall besuspended and the Parties shall not be liable for the non-performance thereof for the duration of the period of Force Majeure; and





(ii) the time period(s) for the performance of the obligations of the Parties under this Agreement to the extent performance thereof is prevented or impeded bythe event of Force Majeure shall be extended for the duration of the relevant period of Force Majeure except as provided herein. (E) Force Majeure Events Exceeding 60 Days(i) If an event or series of events (alone or in combination) of Force Majeure occur, and continue for a period in excess of 60 consecutive days, then BPCL shallhave the right to terminate this agreement, whereupon the Parties shall meet to mitigate the impediments caused by the Force Majeure event.

23. ARBITRATION CLAUSE :

23.1. Any dispute or difference of any nature whatsoever, any claim, cross-claim, counter-claim or set off of BPCL/Vendor against omission or on account ofany of the parties hereto arising out of or in relation to this Contract shall be referred to the Sole Arbitration of Director(Marketing) / Director (HR) / Director (R)of BPCL as the case may be or to some officer of BPCL who may be nominated by them.

23.2. In the event the Arbitrator being unable or refusing to act for any reason whatsoever, the said Directors of BPCL shall designate another person to act asan Arbitrator in accordance with the terms of the said Contract/Agreement. The Arbitrator newly appointed shall be entitled to proceed with the reference fromthe point at which it was left by his predecessor.

23.3. It is known to the parties herein that the Arbitrator appointed hereunder is an employee of the Corporation and may be Share holder of the Corporation.

23.4. The award of the Arbitrator so appointed shall be final, conclusive and binding on all the parties to the contract and the law applicable to arbitrationproceedings will be the Arbitration and Conciliation Act, 1996 or any other enactment in replacement thereof.

23.5. The language of the proceedings will be in English and the place of proceedings will be Mumbai.

23.6. The parties hereby agree that the Courts in the city of Mumbai alone shall have jurisdiction to entertain any application or other proceedings in respect ofanything arising under this Agreement and any Award or Awards made by the Sole Arbitrator hereunder shall be filed, if required, in the concerned Courts inthe City of Mumbai alone.

24. INTEGRITY PACT (IP) :

Vendors are requested to sign & return our pre-signed IP document , if applicable. This document is essential & binding. Vendor s failure to return the IPdocument duly signed along with Bid Document may result in the bid not being considered for further evaluation.

25. RECOVERY OF SUMS DUE :

Whenever, any claim against vendor for payment of a sum of money arises out of or under the contract, the owner shall be entitled to recover such sums fromany sum then due or when at any time thereafter may become due from the vendor under this or any other contract with the owner and should this sum be notsufficient to cover the recoverable amount of claim(s), the vendor shall pay to BPCL on demand the balance remaining due.

26. CONFIDENTIALITY OF TECHNICAL INFORMATION :

Drawing, specifications and details shall be the property of the BPCL and shall be returned by the Vendor on demand. The Vendor shall not make use ofdrawing and specifications for any purpose at any time save and except for the purpose of BPCL. The Vendor shall not disclose the technical informationfurnished to or organized by the Vendor under or by virtue of or as a result of the implementation of the Purchase Order to any person, firm or body orcorporate authority and shall make all endeavors to ensure that the technical information is kept CONFIDENTIAL. The technical information imparted andsupplied to the vendor by BPCL shall at all time remain the absolute property of BPCL. Imparting of any confidential information by the Vendor will be breachof contract.

27. PATENTS & ROYALTIES :

The vendor shall fully indemnify BPCL and users of materials specified herein/supplied at all times, against any action, claim or demand, costs and expenses,arising from or incurred by reasons of any infringement or alleged infringement of any patent, registered design, trademark or name, copy right or any otherprotected rights in respect of any materials supplied or any arrangement, system or method of using, fixing or working used by the vendor. In the event of anyclaim or demand being made or action sought against BPCL in respect of any of the aforesaid matter, the vendor shall be notified thereof immediately and thevendor shall at his/its own expense with (if necessary) the assistance of BPCL (whose all expense shall be reimbursed by the vendor) conduct all negotiationsfor the settlement of the same and/or litigation which may arise thereof.

28. LIABILITY CLAUSE :

In case where it is necessary for employees or representatives of the Vendor to go upon the premises of owner, vendor agrees to assume the responsibility forthe proper conduct of such employees/representatives while on said premises and to comply with all applicable Workmen s Compensation Law and otherapplicable Government Regulations and Ordinances and all plant rules and regulations particularly in regard to safety precautions and fire hazards. If thisorder requires vendor to furnish labour at site, such vendor s workmen or employees shall under no circumstances be deemed to be in owner s employmentand vendor shall hold himself responsible for any claim or claims which they or their heirs, dependent or personal representatives, may have or make, fordamages or compensation for anything done or committed to be done, in the course of carrying out the work covered by the purchase order, whether arisingat owner s premises or elsewhere and agrees to indemnify the owner against any such claims, if made against the owner and all costs of proceedings, suit oractions which owner may incur or sustain in respect of the same.

29. COMPLIANCE OF REGULATIONS :

Vendor warrants that all goods/Materials covered by this order have been produced, sold, dispatched, delivered and furnished in strict compliance with allapplicable laws, regulations, labour agreement, working condition and technical codes and statutory requirements as applicable from time to time. The vendorshall ensure compliance with the above and shall indemnify owner against any actions, damages, costs and expenses of any failure to comply as aforesaid.

30. REJECTION, REMOVAL OF REJECTED GOODS AND REPLACEMENT:

In case the testing and inspection at any stage by inspectors reveal that the equipment, materials and workmanship do not comply with specification andrequirements, the same shall be removed by the vendor at his/its own expense and risk, within the time allowed by the owner. The owner shall be at liberty todispose off such rejected goods in such manner as he may think appropriate. In the event the vendor fails to remove the rejected goods within the period asaforesaid, all expenses incurred by the owner for such disposal shall be to the account of the vendor. The freight paid by the owner, if any, on the inwardjourney of the rejected materials shall be reimbursed by the vendor to the owner before the rejected materials are removed by the vendor. The vendor willhave to proceed with the replacement of the equipment or part of equipment without claiming any extra payment if so required by the owner. The time takenfor replacement in such event will not be added to the contractual delivery period.

31. NON-WAIVER :

Failure of the Owner to insist upon any of the terms or conditions incorporated in the Purchase Order or failure or delay to exercise any rights or remediesherein, or by law or failure to properly notify Vendor in the event of breach, or the acceptance of or payment of any goods hereunder or approval of designshall not release the Vendor and shall not be deemed a waiver of any right of the Owner to insist upon the strict performance thereof or of any of its or theirrights or remedies as to any such goods regardless of when such goods are shipped, received or accepted nor shall any purported oral modification or revisionof the order by BPCL act as waiver of the terms hereof. Any waiver to be effective must be in writing. Any lone incident of waiver of any condition of thisagreement by BPCL shall not be considered as a continuous waiver or waiver for other condition by BPCL.

32. NEW & UNUSED MATERIAL :

All the material supplied by the vendor shall be branded new, unused and of recentmanufacture.

33. PURCHASE PREFERENCE CLAUSE :

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





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

34. CANCELLATION :

34.1. BPCL reserves the right to cancel the contract/purchase order or any part thereof through a written notice to the vendor if.

34.1.1. The vendor fails to comply with the terms of this purchase order/contract.

34.1.2. The vendor becomes bankrupt or goes into liquidation.

34.1.3. The vendor fails to deliver the goods on time and/or replace the rejected goods promptly.

34.1.4. The vendor makes a general assignment for the benefit of creditors.

34.1.5. A receiver is appointed for any of the property owned by the vendor.

34.2. Upon receipt of the said cancellation notice, the vendor shall discontinue all work on the purchase order matters connected with it. BPCL in that eventwill be entitled to procure the requirement in the open market and recover excess payment over the vendor s agreed price if any, from the vendor and alsoreserving to itself the right to forfeit the security deposit if any, made by the vendor against the contract. The vendor is aware that the said goods are requiredby BPCL for the ultimate purpose of materials production and that non-delivery may cause lossof production and consequently loss of profit to the BPCL. Inthis-event of BPCL exercising the option to claim damages for non delivery other than by way of difference between the market price and the contract price,the vendor shall pay to BPCL, fair compensation to be agreed upon between BPCL and the vendor. The provision of this clause shall not prejudice the rightof BPCL from invoking the provisions of price reduction clause mentioned in 20.3.1 as aforesaid.

35. ANTI COMPETITIVE AGREEMENTS/ABUSE OF DOMINANT POSITION :

The Competition Act, 2002 as amended by the Competition (Amendment) Act, 2007 (the Act), prohibits anti- competitive practices and aims at fosteringcompetition and at protecting Indian markets against anti- competitive practices by enterprises. The Act prohibits anti- competitive agreements, abuse ofdominant position by enterprises, and regulates combinations (consisting of acquisition, acquiring of control and M&A) wherever such agreements, abuse orcombination causes, or is likely to cause, appreciable adverse effect on competition in markets in India. BPCL reserves the right to approach the CompetitionCommission established under the Act of Parliament and file information relating to anti-competitive agreements and abuse of dominant position. If such asituation arises, then Vendors are bound by the decision of the Competitive Commission and also subject to penalty and other provisions of the CompetitionAct.

36. ASSIGNMENT

The Vendor can / does not have any right to assign his rights and obligations under these general purchase conditions without the prior written approval of BPCL.

37. GOVERNING LAW

These General Purchase Conditions shall be governed by the Laws of India.

38. AMENDMENT

Any amendment to these General Purchase Conditions can be made only in writing and with the mutual consent of the parties to these conditions.

39. SPECIAL PURCHASE CONDITIONS

In case of a conflict between the clauses, terms and conditions of General Purchase Conditions and Special Purchase condition, the clauses, terms andconditions of Special Purchase Condition will have an overriding effect over General Purchase Conditions and the same shall be applicable.

40. NOTICES

Any notices to be given hereunder by a Party to the other shall be in English and delivered by hand or sent by courier or facsimile to the other Party at theaddress or facsimile number stated below or such other address or number as may be notified by the relevant Party from time to time:

BPCL_____________________________________________________________________

Vendor_____________________________________________________________________

Please sign & return all the pages of GPC as a token of your acceptance of all the terms & conditions as mentioned a

10.7. SPECIAL PURCHASE CONDITIONS [Technical Qualification]





Annexure I

PERFORMANCE BANK GUARANTEE(On Non-judicial paper for appropriate value)

To,Bharat Petroleum Corporation Limited-----------------------------------------------------------------

Dear Sir,

In consideration of the Bharat Petroleum Corporation Limited, (hereinafter called the Company which expression shall include its successors and assigns)having awarded to M/s. (Name) . (Constitution).. (address) .(hereinafter referred to as The vendor which expression shall wherever the subject or context sopermits include its successors and assigns) a supply contract in terms interalia, of the Company s Purchase order No.. dated . and the General and SpecialPurchase Conditions of the Company and upon the condition of vendor s furnishing security for the performance of the vendor s obligations and/or dischargeof the vendor s liability under and / or in connection with the said supply contract upto a sum of Rs.(in figures)..Rs(in words)only amounting to 10% (tenpercent)of the total contract value.

We, (Name)..(constitution) (hereinafter called the Bank which expression shall include its successors and assigns) hereby jointly and severally undertakeand guarantee to pay to the Company in -----(Currency) forthwith on demand in writing and without protest or demur of any and all moneys any wise payableby the Vendor to the Company under in respect of or in connection with the said supply contract inclusive of all the Company s losses and expenses and othermoneys anywise payable in respect to the above as specified in any notice of demand made by the Company to the Bank with reference to this Guaranteeupto an aggregate limit of Rs(in figures)Rs(in words).only.

AND the Bank hereby agrees with the Company that

i. This Guarantee/undertaking shall be a continuing guarantee and shall remain valid and irrevocable for all claims of the Company and liabilities of the vendorarising upto and until midnight of ..

This date shall be 6 months from the last date of guarantee period.

ii This Guarantee / Undertaking shall be in addition to any other guarantee or security of whatsoever that the Company may now or at any time otherwise havein relation to the vendor s obligation/liabilities under and /or connection with the said supply contract, and the Company shall have full authority to takerecourse to or reinforce this security in preference to the other security(ies) at its sole discretion, and no failure on the part of the Company in enforcing orrequiring enforcement of any other security shall have the effect of releasing the Bank from its liability hereunder.

ii. The Company shall be at liability without reference to the Bank and without effecting the full liability of the Bank hereunder to take any other security inrespect of the vendor s obligations and /or liabilities under or in connection with the said supply contract and to vary the terms vis a vis the vendor of the saidsupply contract or to grant time and / or indulgence to the vendor or to reduce or to increase or otherwise vary the prices of the total contract value or torelease or to forbear from enforcement all or any of the obligations of the vendor under the said supply contract and / or the remedies of the Company underany other security(ies) now or hereafter held by the Company and no such dealing(s), variation(s), reduction(s), increase(s) or the indulgence(s) orarrangement(s) with the vendor or release or forbearance whatsoever shall have the effect of releasing the Bank from its full liability to the Companyhereunder or of prejudicing rights of the Company against the Bank.

iv. This Guarantee /Undertaking shall not be determined by the liquidation or winding up ordissolution or change of constitution or insolvency of the vendor butshall in all respects and for all purposes be binding and operative until payment of all moneys payable to the Company in terms hereof.

v. The Bank hereby waives all rights at any time inconsistent with the terms of the Guarantee /Undertaking and the obligations of the Bank in terms hereof shall not be anywise affected or suspended by reason of any dispute or disputes having beenraised by the vendor (whether or not pending before any Arbitrator, officer, Tribunal or Court) or any denial of liability by the vendor or any other order ofcommunication whatsoever by the vendor stopping or preventing or purporting to stop or prevent any payment by the Bank to the Company in terms hereof.

vi. The amount stated in any notice of demand addressed by the Company to the Guarantor as liable to be paid to the Company by the vendor or as sufferedor incurred by the Company on account of any losses or damages of costs, charges and or expenses shall as between the Bank and the Company beconclusive of the amount so liable to be paid to the Company or suffered or incurred by the Company, as the case may be and payable by the Guarantor toCompany in terms hereof.

Yours faithfully,(Signature)NAME & DESIGNATIONNAME OF THE BANKNOTES:

Acceptance by Bidder

1 WE/I AGREE TO THE ABOVEPURCHASE TERMS & CONDITIONS

SPECIAL PURCHASE CONDITIONS





1 Special Purchase Conditions Special Purchase Conditions

Note : 80% of the tender quantities are firm and expected to be uplifted within 3-4 months from the dateof contract/LOI and rest 20% quantity are variable as per the site requirement for which contract will bevalid for a period of one year from the date of contract/LOI. The vendor should take this factor intoconsideration while submitting the price bid.1. This tender is to finalize the Annual Rate Contract for the valves, the details of which are as under:-i. Annual Rate Contract will be placed on the successful bidders and will be valid for a period of OneYear from the date of placement of the contract.ii. No supplies are to be made against the Annual Rate Contract (ARC) document.iii. Supplies are to be made only against Call-Offs or Purchase Orders (PO) which shall be placed by thevarious departments within BPCL. BPCL may place the call-off or purchase orders till the last validitydate of the ARC.iv. The Call-Offs or Purchase Orders would be placed for any quantity as required by the respectivedepartments & the vendors have to supply the same.v. The materials are required at various BPCL locations All Over India & the vendors have to deliver thematerials based on the call-offs/POs. Accordingly, a single freight rate per valve has to be quoted in theprice bid & this rate will be applicable for delivery anywhere in India.vi. The quantities against each item are only indicative / approximate & there is no assurance that BPCLwill uplift any or all the items / quantities for which the contract is placed (other than as mentioned innote above). BPCL reserves the right to place call-offs for different quantities of the items subject tobeing within the overall value of the contract.vii. The validity of the contract may be extended by a further period of up to twelve months on a mutualagreement basis.viii. A repeat contract may also be placed on mutual agreement basis after expiry of the original contract.Any repeat contract will be at the same terms and conditions and rates as the original contract and validup to a further period of up to 12 months.ix. In case the value of the contract gets exhausted within the one year validity period, BPCL reservesthe right to place a repeat order for a value of up to the original contract value.2. Award of contract would on item-wise lowest landed cost basis. 3. Purchase preference to MSEs (Micro & Small Enterprises) shall be applicable as per tendercondition.4. DELIVERY PERIOD: Please quote your best delivery period on door-delivery basis, in the Unprice Bidattached with the tender document. We require the material within 2 months from the date of firmorder/call-off. However, you may quote your best delivery period.5. PAYMENT TERM:The following payment terms shall be applicable(5.1)Indian Bidder:a). Our payment terms are 100% within 30th day from the receipt and acceptance of materials at site,against submission of Performance Bank Guarantee (PBG) for 10% of basic order value.Please consider this condition in your quotation, as other payment terms may not be acceptable toBPCL. Payments will be released by originator of call-offs/orders.(5.2) Foreign Bidder:a) Our payment terms are 100% against irrevocable letter of credit with an usance of 75 days. (from billof lading date) (75 days considered based on 21 days sailing time+10 days for clearance ofconsignment+ 14 days inland transit time + 30 days from date of receipt of materials at site)Letter of Credit will be opened in your favour through our banker. Indicate your Bank address foropening Letter of Credit. Foreign banker charges will be to the account of beneficiary only.Vendor to submit Performance Bank Guarantee (PBG) for 10% of basic order value.Please consider this condition in your quotation, as other payment terms may not be acceptable toBPCL.6. INSPECTION:(6.1) Material shall be inspected by our registered third party inspection agency before dispatch ofmaterial from vendor works. Charges other than third party inspection charges will be to vendor account.Vendor to quote firm TPIA charges per unit. However, arranging & providing inspection facilities isentirely vendor responsibility and in no way should affect the delivery schedule.Refer Scope of Inspection attached with the tender.(6.2) Our APPROVED third party inspection agencies are LRIS / DNV/ IRS/ EIL/ UL INDIA PVT LTD forInspection of Valves.(6.3) BPCL may, at its own expense, witness any test or inspection. In order to enable BPCL to witnessthe tests/inspections BPCL will advise the Vendor in advance whether it intends to be present at any ofthe inspections. Even if the inspection and tests are fully carried out, the Vendor shall not be absolvedfrom its responsibilities to ensure that the Material(s), raw materials, components and other inputs aresupplied strictly to conform and comply with all the requirements of the Contract at all stages, whetherduring manufacture and fabrication, or at the time of Delivery as on arrival at site and after its erection orstart up or consumption, and during the defect liability period. The inspections and tests are merelyintended to prima-facie satisfy BPCL that the Material(s) and the parts and components comply with therequirements of the Contract. The Vendor s responsibility shall also not be anywise reduced ordischarged because BPCL or BPCL s representative(s) or Inspector(s) shall have examined,commented on the Vendor s drawings or specifications or shall have witnessed the tests or required anychemical or physical or other tests or shall have stamped or approved or certified any Material(s).(6.4) Although material approved by the Inspector(s), if on testing and inspection after receipt of theMaterial(s) at the location, any Material(s) are found not to be in strict conformity with the contractualrequirements or specifications, BPCL shall have the right to reject the same and hold the Vendor liablefor non-performance of the Contract.7. Vendors who get qualified in BQC and techno-commercially in this tender may be considered forinclusion in our registered vendors list for future limited tender enquiries for the supply of respectivevalves. Vendor may have to produce/submit any additional documents, if required, in this regard if theyare asked for in future.8. Octroi/Entry tax, if any, in the any state of India shall be directly paid by the vendor, if applicable,which shall be reimbursed by BPCL at actual on submission of documentary proof.9. Unloading & stacking at the delivery address will be arranged by consignee. However, advanceinformation regarding expected date of delivery to Site In-charge must be given well in time for makingunloading arrangements under advice to originator of ORDER.10. Bid validity 180 Days from the final due date of opening of tender.11. Pre-bid meeting with prospective bidders is scheduled on 19.12.2013 at 11:00 a.m. IST at CPO(M)-Sewree Mumbai.12.0 BID PRICES:12.1 DOMESTIC (INDIAN) BIDDERS :12.1.1. Domestic Bidders shall quote their prices in Indian Rupees only. BPCL will place the order ondoor delivery basis.12.1.2 Domestic Bidders to quote Ex-works Basic Price in Rs. per unit, TPIA charges per unit, P&Fcharges per unit, rate of Excise duty in percentage, rate of Sales Tax in percentage, freight charges perunit, transit insurance charges per unit in the price format of this tender. Firm freight charges shall bequoted from Bidders dispatch point to the destination(s). Bidders are expected to quote a common pricefor freight for each line item for all the locations of BPCL as mentioned in this tender document. Thefreight charges, transit insurance charges should be inclusive of all taxes & duties and also no taxes,duties, levies and /or any variation thereof shall be payable by BPCL. It will be the responsibility of thebidder to pay applicable service tax to Government of India (GOI) as per prevailing rates.12.1.3 Packing & Forwarding : The materials should be properly packed so as to withstand all transithazards. Materials are required to be despatched by the vendor to the locations, on freight paid DOOR-DELIVERY CONSIGNEE COPY ATTACHED basis along with copies of Inspection release note &internal test certificates & other documents as mentioned elsewhere in this tender document.12.2 FOREIGN BIDDERS12.2.1 Foreign Bidder shall quote their prices in US Dollars OR in any internationally tradable /fully

10.8. DEVIATIONS (if any) [Technical Qualification]

10.9. UNPRICED BID FORMAT FOR BIDDERS [Technical Qualification]





convertible Currency. Bidders to quote on Ex-works Basic Price per unit, TPIA charges per unit, P&Fand any other charges including FOB charges per unit, Marine insurance charges per unit, Ocean/seafreight charges per unit in US Dollars OR in any internationally tradable / fully convertible Currency. Allpre-shipment and post-shipment charges at the country of export shall be to bidders account whichwould include HAWB charges, airport transfer fee if any, handling charges, loading unloading charges,security fee if any, export fee and any other charges applicable at the load port. For component ofservices to be rendered in India (inland transportation, inland transit insurance, port/landing/clearingcharges in India), foreign Bidder shall quote in Indian rupees only. For carrying out all the activities inIndia, the foreign bidder to appoint their duly authorized representative/ agency/ Indian arm in India &payments will be made to them in Indian rupees. Orders (for activities in India) will be placed on theirauthorized Indian agency for payment of INR. Only all custom duties charges as applicable in India willbe paid by BPCL within five working days after submission of all relevant documents by the bidder sauthorized representative in India. The Indian component of prices shall be inclusive of all Indian Taxes,stamp duty, duties, levies, etc. and also no taxes, duties, levies and /or any variation thereof shall bepayable by BPCL. It will be the responsibility of the bidder to pay applicable service tax to Governmentof India (GOI) as per prevailing rates. Bidders are expected to quote a common price for inland freightfor each line item for all the locations of BPCL as mentioned in this tender document.12.2.2 Ocean Transportation: will be arranged/ carried out by the bidders. The arrangements forshipment can be made through any reputed shipping company by first class direct vessels approved byLloyds or any other such Agency applicable in the country of shipment.12.2.3 Foreign Bidders shall quote their prices for Ocean transportation and Marine Insurance to IndianPorts of Entry-Navashava (JNPT-Jawaharlal Nehru Port Trust) Port, Mumbai, India. Port of entry will beNavashava (JNPT -JawaharlalNehru Port Trust) Port.12.2.4 BPCL reserves the right to place order on FOB or CIF basis on foreign vendor depending on theapproval from Chartering Wing Of the Ministry of Surface Transport, New Delhi. In the case of FOBorders, Shipping arrangements shall be made by the Chartering Wing Of the Ministry of SurfaceTransport, New Delhi through their respective forwarding agents which will be informed to successfulbidder in due course. Supplier shall furnish to the respective forwarding agents the full details ofconsignments such as outside dimension, weights (both gross and net) No of packages, technicaldescription and drawings, name of supplier, ports of loading, etc. and 6 weeks notice shall be given bythe supplier to enable them to arrange shipping space.However it is the responsibility of bidder to ensure delivery at site through their authorized Indianrepresentative.13. TAXES & DUTIES:13.1 Domestic (Indian Bidders):13.1.1 Domestic Bidders quoted prices shall be inclusive of all taxes, duties, cess, levies etc., paid orpayable on the raw material/components incorporated or to be incorporated in the offered finishedgoods but excluding applicable taxes and duties on finished goods.13.1.2 Bidder shall furnish the present rate(s) of Excise Duty, Education Cess and sales tax / VAT(without Concessional Form applicable) and payable on quoted finished goods. Tax & duty set-offs asapplicable will be considered during evaluation.13.1.3 The statutory variation in Excise duty, Education Cess and Sales tax / VAT on finished goodsand introduction of new tax, from bid due date till the contractual completion period shall be toPurchaser account against submission of the documentary evidence. However, any increase in the rateof these taxes and duties beyond the contractual delivery period shall be to Seller account. Anydecrease in the rate of these taxes and duties shall be passed on to the Purchaser. Any additionalexcise duty due to increase in turn-over would be to seller account.13.1.4 It is for the Bidder to assess and ascertain the rate of excise duty, education Cess and salestax/VAT applicable on quoted items. It is clearly understood that BPCL will not have any additionalliability towards payment of Excise Duty, Education Cess and Sales Tax/VAT which is based on Bidderswrong assessment / interpretation of applicability of such Excise Duty and/or education cess and / orSales Tax/VAT.13.1.5 Successful vendor shall carry out its obligations towards services at site as mentioned intechnical specifications without any extra charges.14. Income Tax / Corporate Tax :14.1 As regards Income Tax, Surcharge on Income Tax or any other Corporate Tax payable by theBidder for reason of the contract awarded, and / or on their expatriate personal, BPCL shall not bearany Tax liability whatsoever, irrespective of the mode of construction of contract / order. The Biddershall be liable and responsible for payment of such tax, if attracted under the provision of Indian IncomeTax Act.14.2 Bidder may note that if any tax is deductible at source as per Indian Income Tax Law, the same willbe so deducted before releasing any payment to the Bidder and a TDS (Tax deducted at source)certificate will be furnished to the Bidder.Accordingly, Bidder shall have the responsibility to check and include such provision of taxes in theprices.14.3. In case of delay in delivery due to reasons attributable to Bidder, any new or additional taxes orduties levied by Statutory authorities during this period shall be borne by the Bidder.15. REJECTION, REMOVAL OF REJECTED GOODS AND REPLACEMENT:In case the testing and inspection at any stage by inspectors reveal that the equipment, materials andworkmanship do not comply with specification and requirements, the same shall be removed by thevendor at his/its own expense and risk, within the time allowed by BPCL. BPCL shall be at liberty todispose off such rejected goods in such manner as he may think appropriate. In the event the vendorfails to remove the rejected goods within the period as aforesaid, all expenses incurred by BPCL forsuch disposal shall be to the account of the vendor. The freight paid by BPCL, if any, on the inwardjourney of the rejected materials shall be reimbursed by the vendor to BPCL before the rejectedmaterials are removed by the vendor. The vendor will have to proceed with the replacement of theequipment or part of equipment without claiming any extra payment if so required by BPCL. The timetaken for replacement in such event will not be added to the contractual delivery period.

2 I Agree above Special Purchase Conditions

DEVIATIONS (if any)

Tender Clause No Tender Requirement Vendor Offer Vendors Justification

Note:-

BPCL REQUIREMENT BIDDERS RESPONSE

(1) DELIVERY PERIOD: PLEASE QUOTE YOUR BEST DELIVERY PERIODON DOOR-DELIVERY BASIS.(WE REQUIRE, WITHIN 2 MONTHS FROM THE DATE OF FIRMORDER/CALL-OFF. HOWEVER, YOU MAY QUOTE YOUR BEST DELIVERYPERIOD)

2) PL MENTION PLACE FROM WHERE MATERIALS WILL BEDESPATCHED (PL GIVE YOUR WORKS/FACTORY FULL ADDRESS)

10.10. DECLARATION FORMAT (TO BE UPLOADED) BY VENDOR [Technical Qualification]

10.11. DOCUMENTS TO BE UPLOADED BY VENDORS [Technical Qualification]

10.12. SPECIFICATION OF CS GATE VALVE 150 [Technical Qualification]





(3) PL MENTION COUNTRY OF ORIGIN & LOAD PORTPlease confirm the Item Number / Description and Part Number /BTN Classification / Custom Tariff Number

(FOR FOREIGN BIDDERS)

(4) RATE OF EXCISE DUTY INCLUDING CESS. CST WITHOUT FORM C (in %) VAT (in %) CST WITH FORM-C (in %)

(FOR INDIAN BIDDERS)

5) PL. CONFIRM IF YOU ARE AN MSE (MICRO AND SMALLENTERPRISES) VENDOR (YES/NO) FOR THE ITEMS BEING TENDERED.IF YES PLEASE UPLOAD THE MSE CERTIFICATE / EM2 CERTIFICATEFROM THE APPROPRIATE STATUTORY AUTHORITIES.

DECLARATION FORMAT

1 DECLARATION FORMAT

LIST OF DOCUMENTS FOR PRE-QUALIFICATION OF VENDORS

1 Copy of documents required as per Pre-qualification cirteria-1, to be uploaded





6 Details of Manufacturing facility & testingfacility to be uploaded

7 Valid Certificates to be uploaded by MSE(Micro and Small Enterprises) vendors (ifapplicable)

Other Supporting Documents, if any

1 Supporting Document

BPCL SPECIFICATIONS VENDORS OFFER

SPECIFICATION FOR CAST CARBON STEEL GATE VALVES

1.1 Type Carbon Steel Gate Valve Double Flanged, Solid Wedge below 2inchsize; Solid Gate Wedge or Flexible Gate Wedge- both type areacceptable for the sizes of valves 2 inch and above, outside screw,yoke type, rising stem, bolted bonnet. YOKE: Integral for sizes up to8 Inch, separate for size above 8 Inch

1.2 Size : 1 inch and Above

2.Service & Site conditions2.1 Service : Liquid Hydrocarbons (MS/LAN/HSD/SKO /HFHSD/FO)

2.2 Normal working pressure : 6-7 Kg/cm2

2.3 Max. Working pressure : 8 kg/cm2

2.4 Operating Temperature : Ambient (Max 50 Deg C)

3 Design Data3.1 Valve design :a. For Valves 25mm to 40mmNB -API600/API602 both acceptableb. For Valves 50mm to 600mm NB -API600,c. For Valves above 600mm NB - ASME B16.34 ,d.Valve testing shall be as per API598

3.2 Pressure rating : Pressure rating shall be as per class 150; as perASME B16.34.

3.3 Design Temperature : Min 5 deg & max 55 deg

3.4 End connection : Flanged Raised Face 125 AARH. The End Falngeof valves shall be cast integral.

3.5 Face to Face dimensions : The Face to Face dimensions shall beas per ANSI B16.10 Class 150 or relevant standard for valves.

3.6 Flange dimensions and drilling :a. For valves upto 600mm NB - ANSI B 16.5. class 150,b. For valves above 600mm NB -ANSI B16.47 series B class150

3.7 Inspection & Testing : As per API 598Note : Fire test and antistatic test not applicable for these Gatewedge type Valves. Rest as per BPCL scope of inspection.

10.13. SCOPE OF INSPECTION FOR CS GATE VALVES [Technical Qualification]





4 Material of Construction4.1 Body, Bonnet, Yoke : Carbon steel conforming to ASTM A 216 Gr. WCBRadiographic quality. However, no radiography is required for the same.

4.2 Stem : 13% Cr Steel (No Casting)

4.3 Stem packing (Renewable with valve open on stream) :Inconel braided Graphite Asbestos/ Grafoil with suitable corrosion inhibitor.

4.4 Yoke Sleeve : The Yoke Sleeve MOC of Ni- Resist ASTM A 439 GRD2 or AISI 4140 are acceptable ; provided the same is Forged Steel& not cast steel.

4.5 Body Seat Rings : 13 % Cr Steel (minimum BHN 250 min)

4.6 Wedge : Wedge MOC of ASTM A 217 GR. CA 15 or ASTM A 216GR. WCB + 13% CHROME FACING BHN 300MIN are acceptable.

4.7 Bonnet Gasket : SPW SS 304/316 with Compressed Asbestos Fiber

4.8 Gasket Seat face finish : 70 AARH

4.9 Stuffing Box : Braided Asbestos

4.10 Studs / Bolts and Nuts : Stud ASTM A 193-Gr.B7, Nut ASTM A 194-Gr2H

4.11 Hand Wheels (Non Fabricated) : The hand wheels of Malleablecast iron (ASTM A 338) or cast carbon steel (ASTM A 216 Gr. WCB orSG Iron (spheroidal graphite iron) are acceptable. Vendor shall mention theiroffer.

4.12 Handle Operation : For sizes 10 Inch dia and above bevel gear operated(housed in a weather protected enclosure). Below 10Inch Hand Wheeloperated.

4.13 Back Seat Bushing : 13 % Cr Steel (minimum BHN 250 min) (NoCasting)

5 Test Pressures5.1 Hydrostatic Body 30 Kg/Cm2g

5.2 Hydrostatic Seat : 22 Kg/Cm2g

5.3 Hydrostatic Back Seat : 22 Kg/Cm2g

5.4 Pneumatic Seat 5.6 kg/cm2g

NOTES:1. All the valves shall be wire brushed, cleaned and coated with primer 2 coats& painted with 2 coats of Aluminium paint.2. Water used for Hydrostatic testing shall contain a suitable CorrosionInhibitor. Alternatively Kerosene may be used for pressure testing.3. Plastic protective caps shall be provided on both ends of the valve afterdrying and prior to dispatch.

MANUFACTURERS TEST CERTIFICATE 1. Manufacturer with eachorder of valves shall submit a test certificate confirming that all thevalves have been manufactured and tested in accordance withstandards stipulated; including the clauses mentioned herein andhas duly met the requirements.

2. The test certificate shall furnish/certify the following information:? Certificate Number and Date. ? Product Description andDimensions. ? Material used for valve components. ? Hydrostatictest pressure for body, seat & back seat and air test for the seatwhich each valve has satisfactorily withstood ? Identification marksas per MSS-SP-25.

3. All the above testing and inspection shall be witnessed by Third PartyInspection Agencies (as per BPCL approved list of TPIAs). The valves shall bedispatched along with the test certificates and inspection release note.

INSPECTION AT BPCL WAREHOUSE/LOCATIONS Random samplesfrom each batch of valves received in BPCL Warehouse/locationswill be inspected by TPIA for the following tests:- Tag details,Dimensional check, Rating, Review of Inspection certificates,random check for materials of stem and wedge with alloy analyzer,hardness of body seat ring, back seat & wedge, construction ofhand wheel, gland packing etc. Should any specimen fail to meetthe requirements of API-600, all the valves represented by thesample shall be rejected and supplier shall submit a fresh batch ofvalves.

API Monogram : Bidder shall have valid API license and copy of thesame shall be submitted in the tech bid.

Bidder shall mention size of valves quoted and drgs./ documentssubmitted in the technical bid without fail.

SCOPE OF INSPECTION FOR CS GATE VALVES VENDOR OFFER

1. Review of documents by TPIAa. Material Test Certificates for ALL components of valves (Body, Cover, Plug,Stem, Coverbolts and nuts, Gaskets, Packing etc.)

b. Manufacturer quality Certificate stating that they have manufactured thevalves as perstandards mentioned in specifications.

2. Witness of Tests by TPIA (All tests shall be carried in accordance with API598 /Relevant Std.)a. Visual check 100%

b. Dimensional check 100%

c. Hydro-test (for shell & seat) 10%

10.14. TPIA VERIFICATION REPORT [Technical Qualification]

10.15. BID-QUALIFICATION CRITERIA [Technical Qualification]





d. Pneumatic test for seats 10%

e. Operational test - Smoothopening & closing of valves., Checking ofdirection of operation, Measurement offorce required to operate the plug either in open or closed position under themaximumDifferential Pressure.

3. Material shall be dispatched to respective locations with ALL Material Testcertificatesand Inspection Release Note issued by TPIA. The marking, storage anddispatch of thevalves shall be as per relevant Std./API 600.

4. Vendor shall prepare QAP inline with above scope of inspection and submitfor BPCL approval on award of work.

TPIA VERIFICATION REPORT- Upload (as attached in Tender Common form)

1 TPIA VERIFICATION REPORT

AGREED AND UPLOAD TPIA DOCUMENT AS PER REQUIREMENT.

1 Acceptance of Vendor

BID-QUALIFICATION CRITERIA

Bid-Qualification Requirement Bidders Response

1 Established Manufacturar

The vendor should be an established manufacturer having validLicense/certificate from API 600

Remarks by TPIA (from the TPIA Report)

Documents Required:

Vendor to submit relevant valid API certificates in support. In case of expiry ata later date, the same has to be renewed for the entire contractual period.

2 Supplying Capability/ Min Qty Suplied in the past

The vendor should have supplied at least 281 nos. of CS Gate Valves of 100mm diameter or higher diameters during any continuous 12 months period inthe last 7 years prior to the due date of bid submission.Dates between which the 12 months period is being considered: From______To__________


Documents required:

Indian bidder to submit copy of excise invoice along with purchase orders ofthe respective grades for supplies made during any continuous 12 monthsperiod in the last 7 years prior to the due date of bid submission.

Foreign bidders to submit invoice copy and Bill of Lading along with purchaseorders for supplies made during any continuous 12 months period in the last 7years prior to the due date of bid submission.

The price part of the documents can be blanked out if the vendor so desires.

3 After sales Support

The vendor should have maintenance & service support in India. Details of theagency / company in India who will be extending this support should beprovided. In case, vendor does not have maintenance & service support basein India, they should be required to submit an undertaking of setting upmaintenance & service base in India for providing at least 10 years support forsupply of spares & services within 6 months from the date of LOI ( Letter ofIntent)


Documents required:

- Declaration/undertaking regarding the maintenance and service supportbase in India.

4 Financial Capability

(a) The vendor should have achieved a minimum average Annual financialturnover Rs. 2.04 Cr. ( For Indian vendors) / USD 0.33 Million (For Foreignvendors) as per Audited financial statements (including Balance Sheet andProfit & Loss account), during the last available three consecutive accountingyears.

(b) The vendors net worth should be positive for the financial year 2012-13 orcalendar year 2012. The net worth is defined as TOTAL ASSETS MINUSTOTAL LIABILITIES


Documents required:

Available Audited Balance Sheets & Profit & Loss account of the vendor forthe last three consecutive accounting years (English language only).





5. Above Data/documents required from point 1-4 should be duly verified byany one of the following independent third party inspection agency (approvedby BPCL) viz. SGS /GLISPL / IRS / DNV / LRIS / EIL /TATA Projects / PDIL /ULIPL / RITES LTD / ITSIPL etc. All charges of the third party for attestationsand verification shall be borne by the Vendors.For Item No. 4.0 (financial capability) certificate from a Practicing CharteredAccountant is also acceptable.

Document: Vendor has to upload the TPI verification certificate duly signed &stamped by Authorized signatory of TPIA along with the BPCL format dulyfilled by the TPIA before the due date of submission of the bids. Anundertaking Note from TPI has to be uploaded stating that all the requireddocuments have been verified physically and complied as per tender BidQualification Criteria.

11. Bid Item Forms





Bid Item Forms Not Defined

Tender Management System Ver 1.0 [ Tender Document ...€¦ · 10-12-2013 Approved By Ajoy Sarkar...

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