CHENNAI PETROLEUM CORPORATION LIMITED (A … NO...Chennai Petroleum Corporation Limited (A Group...

Chennai Petroleum Corporation Limited

(A Group Company of IndianOil) Cauvery Basin Refinery, Panangudi, (Near Nagore) Nagapattinam-611 002

NIT No. CBR/MMD/18-19/001/PIPE

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(20” 3 LPE COATED)

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CHENNAI PETROLEUM CORPORATION LIMITED

(A group company of IndianOil) Cauvery Basin Refinery, Nagapattinam-611 002

Tamilnadu, India

MATERIALS MANAGEMENT DEPARTMENT

NOTICE INVITING TENDER (DOMESTIC)

FOR

PIPES (3 LPE COATED)

NIT No. : CBR/MMD/18-19/001/PIPE

UNDER THREE BID SYSTEM




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SUBMISSION OF BID UNDER

THREE BID SYSTEM

Note : All the above Part I, II & III (separate sealed cover pasted with CUT-OUT slip) shall be submitted in a large cover duly sealed & pasted.(BIDS NOT SUBMITTED AS PRESCRIBED ABOVE ARE LIABLE FOR REJECTION)

PART – I BID -

FOR PRE -

QUALIFICATION

1. Bidder’s Information

Sheet

2. EMD

3 Pre-Qualification documents

(Technical,

Commercial

Experience / Finance

and other criteria)

4. Integrity Pact.

should contain

PART – II BID -

TECHNO -

COMMERCIAL

1. Technical Details

and commercial

terms & conditions

2. Complete set of

signed & stamped

bid documents

3. Commercial

Questionnaire

documents

4. Deviation to tender

conditions

5. Unpriced copy of

Price Schedule

(WITHOUT

PRICES)

6. All other details

called for in tender

except prices

should contain

PART – III - BID

PRICE

SCHEDULE

ONLY PRICES

STRICTLY AS PER

THE PRICE

SCHEDULE FORMAT

ATTACHED

should contain




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TABLE OF CONTENTS

Sl. No.

Description No. of Sheets

1 Advertisement Cutting 1

2 Submission of Bid under Three Bid System 1

3 Bidder’s Information Sheet 2

4 NIT No. & Due Date 1

5 Eligibility for Quoting (PQC) 2

6 Notes 2

7 Request for Quotation 2

8 Specification Sheets 33

9 Price Schedule 3

10 Instructions to Suppliers 12

11 Techno-Commercial Questionnaire (Indigenous) 4

12 Deviations to Tender Terms and Conditions 1

13 General Purchase Conditions (Indigenous) 13

14 Proforma of Bank Guarantee for EMD 2

15 Proforma of Performance Bank Guarantee 3

16 Loading criteria 1

17 Integrity Pact 9

18 Redressal of Grievances of Tender Parties 1

19 Acknowledgement Letter 1

20 Cut-Out Slip 2




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NOTICE INVITING TENDER – DOMESTIC


Item description PIPE ( Size 20”, 3 LPE COATED)

Quantity 930 metres

Due Date for Bid Submission 23.10.2018 (15.00 hrs)

For details visit: https://www.cpcl.co.in/CBR-domestictenders Bidders are requested to note that all future Corrigendum, time extension for bid submission etc, with regard to this tender, if any, shall be published only in website stated above and not through press advertisement. Contact Persons: Shri.K.Selvam, Manager(MM), Ph:04365-256743, E-mail: [email protected], / Shri.T.Kumar,Chief Manager (MM), Ph:04365-256742 E-mail: [email protected], CPCL,Cauvery Basin Refinery, Nagappattinam-611 002, Fax:04365-256415. N.V.N. Nandagopalu, DGM (CBR), CPCL Contact persons phone Numbers :

Direct Number Email id

Mr. K. Selvam 04365-256743 [email protected] Mr. T. Kumar 04365-256742 [email protected] Ms. A. Kalaiselvi 04365-256745 [email protected]




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SUBMISSION OF BID UNDER THREE BID SYSTEM

Note : All the above Part I, II & III (separate sealed cover pasted with CUT-OUT slip) shall be submitted in a large cover duly sealed & pasted. (BIDS NOT SUBMITTED AS PRESCRIBED ABOVE ARE LIABLE FOR REJECTION)

PART – I BID -

FOR PRE -

QUALIFICATION

1. Bidder’s Information

Sheet

2. EMD

3 Pre-Qualification

documents (Technical,

Commercial Experience /

Finance and other

criteria)

4. Integrity Pact.

should contain

PART – II BID -

TECHNO -

COMMERCIAL

1. Technical Details and

commercial terms &

conditions 2. Complete set of signed

& stamped bid

documents

3. Commercial

Questionnaire

documents

4. Deviation to tender

conditions

5. Unpriced copy of Price

Schedule (WITHOUT

PRICES)

6. All other details called

for in tender except

prices

should contain

PART – III - BID

PRICE

SCHEDULE

ONLY PRICES STRICTLY

AS PER THE PRICE

SCHEDULE FORMAT

ATTACHED

should contain




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BIDDER’S INFORMATION SHEET (to be filled and must be submitted along with PART-I Bid Document

Bidders Details :

Bidder’s Name & Address :

: :

Contact person name & designation :

Phone Number : …………… Fax Number : ……………

Email address : ……………

ECC No. :

GST / CST No. :

Service Tax Regn No. :

Permanent Account(PAN) No. :

HSN code :

Corporate Identity Number (CIN) :

NSIC / SSI Unit - Yes / No (tick(√) whichever is applicable)

If Yes, indicate Reg. No. ……… Valid upto. …………… and enclose a copy certificate.

Micro, Small or Medium Enterprise : Yes / No (tick(√) whichever is applicable) If yes, please indicate the Entrepreneurs Memorandum Number of Twelve Digit …………… and enclose a copy of the Certificate issued by the Authorities under the Micro, Small & Medium Enterprises Development Act, 2006.

BANK DETAILS FOR ECS PAYMENT Name of the Bank : Branch Name & Address, Phone : Bidder’s Bank code (MICR) No.(9digit) : Bidder’s Bank Account No. : Type of Account Savings/Current/Cash Credit (strike out which is not applicable)

IFSC /NEFT/RTGS Code:




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BIDDER’S INFORMATION SHEET (to be filled and must be submitted along with PART-I Bid Document)

The Micro, Small and Medium Enterprises Development Act (MSMEDA), 2006, eligible bidders are requested to submit a copy of the relevant memorandum (Micro and Small enterprises to submit the memorandum files with the authority notified by the State Government and by Medium enterprises with the authority notified by the Central Government, i.e., General Manager, District Industries Centre or any District Level Officer of equivalent rank in the Directorate or the Department dealing with Micro, Small and Medium enterprises of the State Government or the Union Territory Administration.) along with the offer.

Type of Enterprise Copies of relevant Documents

Enclosed

MICRO YES / NO YES / NO

SMALL YES / NO YES / NO

MEDIUM YES / NO YES / NO

OTHERS YES / NO YES / NO




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NOTICE INVITING TENDER (DOMESTIC)

UNDER THREE BID SYSTEM

NIT No. : CBR/MMD/18-19/001/PIPE

Item : PIPE 20”, 3LPE COATED

Earnest Money Deposit : Rs.2,04,000/- (EMD) / Bid Security Due Date for Bid : 23.10.2018 Time : 15.00 Hrs. Submission Date of opening : 24.10.2018 Time : 10.00 Hrs. the Part-I Bid If any of the day identified above happens to be a holiday for CPCL, the next working day shall be applicable. Note: Bidders, who wish to participate in the Part-I Bid opening, shall furnish the name

of the person who will represent on their behalf, by email to enable CPCL to make the entry pass. Also note that only one representative is allowed to participate in the bid opening.

Contact persons phone Numbers :

Direct Number Email id

Mr. T . Kumar 04365-256742 [email protected]

Mr. K. Selvam 04365-256743 [email protected] Ms. A. Kalaiselvi 04365-256745 [email protected]




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ELIGIBILITY FOR QUOTING:

PRE-QUALIFICATION CRITERIA

(A) Category of supplier: The bidder shall be the Original Manufacturer of 3LPE coated pipes.

(OR) The bidder shall be an authorized dealer/principals of Original Manufacturer ( Evidence / Proof shall be submitted for the same). (B) Experience Criteria: The bidder should have executed at least one order for the supply of 3 Layer PE coated Pipe within the 5 years period, ending on the last day of the month immediately preceding the month in which the last date of bid submission falls. Each order value equal or more than Rs 102 Lakh.

(OR)

The bidder should have executed at least two orders for the supply of 3 Layer PE coated Pipes within the 5 years period, ending on the last day of the month immediately preceding the month in which the last date of bid submission falls. Each order value equal or more than Rs 81.5 Lakh.

(OR)

The bidder should have executed at least three orders for the supply of 3 Layer PE coated Pipes within the 5 years period, ending on the last day of the month immediately preceding the month in which the last date of bid submission falls. Each order value equal or more than Rs.61 Lakhs.




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C ) Finance Criteria: The annual turnover of the bidder shall not be less than the minimum indicated below, during any one of the last three preceding financial years viz. 2014-15, 2015-16, 2016-17

S.No Item Minimum Annual Turnover

(Rs.)

1

PIPES 3 LPE Coated

122/- Lakhs

Bidder shall submit either their annual Report or a certificate from Charted Accountant duly certifying the annual turnover indicated. Note : CPCL reserves the right to use in house information for assessment of bidder’s capability. Bidders shall enclose required Documentary Evidence for PQC.




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NOTES: 1. Bid Documents are non-transferable 2. EMD against the tenders is not transferable.

3. Central Public Sector Enterprises shall be extended purchase preference as per

Government guidelines in force from time to time. 4. Central Public Sector Enterprises are exempted from payment of EMD/Bid Security 5. SSI Units registered with NSIC only are exempted from payment of EMD/Bid Security

subject to production of valid NSIC Registration certificate. 6. Incomplete Bid/Bids without requisite EMD/Bid Security will be rejected.

7. EMD shall not be applicable in line with Government Directives for registered Micro and

Small Enterprises subject to production of valid registration certificate. 8. Non transferable Bidding Document can be down loaded from Website: www.cpcl.co.in

(CBR-DomesticTenders) Request for sending Tender Document by Post /Courier or any other mode shall not be entertained.

9. CPCL reserves the right to issue any Amendment to Tender Documents subsequent to

issue of this tender. All future Corrigendum, Amendments, Revisions, Extensions of bid submission date, etc with regard to this tender, if any, shall be published only at CPCL website and not through press advertisement. It is the responsibility of the bidder to ensure whether any addendum to Tender documents is issued in CPCL website and submit their bid accordingly.

10. Bid will be received at the office of Chief Manager(MM), Chennai Petroleum Corporation

Ltd., Cauvery Basin Refinery, Panangudi, Nagapattinam Dist. – 611 002, Tamilnadu upto the due date and time for submission specified in the tender documents between 9.00 Hrs.

to 15.00 Hrs (Monday to Friday) on Working Days only. Bidder shall note that Late Offers will be rejected. CPCL shall not be responsible for any postal delays or non-delivery / non –receipt / late receipt or loss of Bid Document.

11. Part-1 -Pre-Qualification Criteria (PQC) Documents – Bids as called for in PQC of

tender, shall be opened on the due date and time indicated, in the presence of authorised representatives of attending interested bidders. After scrutiny of the Part-I bids, CPCL shall open the Part-II (TECHNO-COMMERCIAL BID) bids of those bidders who meet PQC at a later date. The Time and Date of opening of Part-III (PRICED BID) shall be intimated only to techno-commercially qualified bidders at a later date. The authorized representative of attending bidders shall bring a letter authorizing him to attend the bid opening, from the company represented by him. Only one representative is allowed to participate in the bid opening.




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12. In case of documentary evidence are in a language other than English, the same shall be

translated to English and attested by competent authority in the Indian Embassy at their country and submitted.

13. CPCL reserves the right to use in house information for assessment of bidder’s capability. 14. CPCL shall not be responsible for any costs or expenses incurred by the Bidder in

connection with the preparation or delivery of Bid including costs and expenses related with visits to site.

15. Bidders submitting their bids should not be under liquidation, court receivership or similar

proceedings. 16. Canvassing in any form by agency himself or by any other agency on behalf may lead to

the dis-qualification of their bid.

17. The tendering process could be abandoned at any time without assigning any reason. No compensation is payable for the efforts made by the bidders.

18. Telex / Telegraphic / Telefax / E-mail Bids shall not be accepted. 19. CPCL reserves the rights to reject any or all tenders without assigning any reason

whatsoever. 20. Clarifications if any can be obtained from Shri. K. Selvam, Manager (MM) or

Shri.T. Kumar, Chief Manager (MM) at CPCL, Cauvery Basin Refinery, Nagapattinam – 611 002. Ph No. 04365-256743, 04365-256742 Fax No. 04365-256415; E-mail: [email protected] / [email protected] citing reference of NIT Reference No. and item details.

N.V.N. NADAGOPALU DEPUTY GENERAL MANAGER (CBR)




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REQUEST FOR QUOTATION

Tender No.. CBR/MMD/18-19/001/PIPE

Client: Chennai Petroleum Corporation Limited,

Cauvery Basin Refinery, Nagapattinam Dist. Tamilnadu- 611 002

Site : CPCL, CBR, Nagapattinam Item: PIPE , 20” 3 LPE COATED Due date : 23.10.2018 Time: 15:00 Hrs.

Gentlemen, 1. Bids are requested for the captioned item in complete accordance with enquiry

documents / attachments. 2. Bids should be submitted separately in three parts, in sealed envelopes super scribed

with the above reference number, due date, item and nature of bid (PQ documents / unpriced / priced)

PART –I BIDs containing EMD, PQ both experience and finance documents

in line with “Pre-Qualification Criteria” and Integrity Pact indicated in this tender.

PART – II TWO copies of TECHNO-COMMERCIAL BID (ONE Original + One

copy) complete with all technical and commercial details other than price and one copy of unpriced copy of Price Schedule (i.e. identical to PART-III with prices blanked out). PLEASE DO NOT INDICATE PRICE IN PART-I AND PART-II.

PART-III ORIGINAL PRICED BID with full price details. All the three envelopes containing Part-I, II & III of bids separately, should be enclosed in a larger envelope duly sealed and pasted with the enclosed CUT-OUT slip. BIDS NOT SUBMITTED AS PRESCRIBED ABOVE ARE LIABLE FOR REJECTION.




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3. Bids complete in all respects should reach our office on or before the Bid Submission

Due Date & Time on any Working Day (Monday to Friday) upto 15.00 Hrs. only.

4. Technical specification should be strictly as per Materials Specification Sheet. In case of any deviation, please spell them out clause-wise, in your bid under the heading “TECHNICAL DEVIATION”

5. The Commercial Questionnaire along with its enclosures, which should be duly filled in,

signed and stamped as detailed in Instructions to Suppliers should be returned along with each copy of your bid. Bids received without any filled in questionnaire are liable to be rejected.

6. Central Public Sector Undertakings shall be eligible for Purchase Preference as

Admissible under the prevailing policy of the Government of India.

7. We reserve the right to make any changes in the terms and conditions of purchase and to reject any or bids including those received late, incomplete and telex/fax bids.

THIS IS NOT AN ORDER. Very truly yours, For CPCL- Cauvery Basin Refinery,

N.V.N. NANDAGOPALU DEPUTY GENERAL MANAGER (CBR) IMPORTANT : 1. Please specify NIT No. in all your correspondence.




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TECHNICAL SPECIFICATION

FOR

PIPE

(20”, 3 LAYER POLYETHYLENE COATED)




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TECHNICAL SPECIFICATION FOR 20” 3 LPE COATED PIPE

S.N. Material Code Description Quantity

Unit of Measurement

00010 4162020774

PIPE, CARBON STEEL

930

(Nine hundred

and thirty Only)

Meters

Manufacturing Process

LONGITUDINAL SUBMERGED ARC WELD

Material Specification A 672

Grade B 60

Class 12

End Finish Bevel End conforming to ANSI B16.25

Dimension Standard ANSI B 36.10 PIPE 20 INCH, SCH 20, 3 LPE COATED AS PER ATTACHED SPEC. SHEET 6-71-0041, REV-1, INSPECTION AND TEST PLAN FOR 3 LAYER COATING OF PIPE LINES SPEC.SHEET

6-81-0106 REV-0

Item Text : PIPE, 3LPE COAT, CS,A672,GRB60, CL12,20IN,S20. Material Test certificate, QAP and TPI required

Out of 930 Mtrs. Around 200 Mtrs shall be supplied in the length of 6 Mtrs. and balance 730 Mtrs shall be supplied in the length of 12 Mtrs.

(a) Third Party Inspection (TPI) required.

(b) QAP approval required.

(c) Material Test certificate required.

3 LPE: 3 LAYER POLYETHYLENE




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SPECIFICATION SHEET SCANNED




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PRICE SCHEDULE 1. Price Schedule (Unpriced) , duly indicating in the respective columns as "Quoted (Q) / Not Quoted (NQ) " without price, Shall be submitted along with PART-II Bid Document . 2. Price Schedule (Priced) Shall be submitted as PART-III Bid Document

PRICES SHOULD BE QUOTED ONLY IN INDIAN CURRENCY – RUPEES NO OTHER CURRENCY IS ACCEPTABLE




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PRICE SCHEDULE

S.N. Material

Code Description Quantity

Unit of Measurement

00010 4162020774

PIPE, CARBON STEEL

930 Meters

Manufacturing Process

LONGITUDINAL SUBMERGED ARC WELD

Material Specification A 672

Grade B 60

Class 12

End Finish Bevel End conforming to ANSI B16.25

Dimension Standard ANSI B 36.10 PIPE 20 INCH, SCH 20, 3 LPE COATED AS PER ATTACHED SPEC. SHEET 6-71-0041, REV-1, INSPECTION AND TEST PLAN FOR 3 LAYER COATING OF PIPE LINES SPEC.SHEET

6-81-0106 REV-0

Out of 930 Mtrs. Around 200 Mtrs shall be supplied in the length of 6 Mtrs. and balance 730 Mtrs shall be supplied in the length of 12 Mtrs.

Details Quantity in Meter

Unit Price per Metre (Rs.)

Total Amount ( in Rs.)

Basic Rate 930

a) F.O.R / Ex-Works / F.O.R Destination

b) Discount if any

c) Packing & Forwarding Charges (Indicate Percentage / or Lumpsum if extra)

d) GST @

e) Third Party Inspection Charges (Lumpsum / Percentage (%) w.r.t Basic Rate)

f) GST on Third Party Inspection Charges

g) Freight Charges for delivery of the Pipe at CPCL, CBR, Nagapattinam-611 002, Tamilnadu. (Lumpsum/ Percentage(%) w.r.t Basic Rate)

h) GST on Freight Charges

i) Any other Charges, if any (Indicate Specifically)

j) Lump Sum Insurance Charges

TOTAL LANDED COST FOR ABOVE QTY




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PRICE SCHEDULE

NOTE :

1. Bidder shall not alter the contents of this Price Schedule. If the Bidder wants any addition /

alteration, these shall be brought out separately in the format as given in this Price Schedule.

2. CPCL reserve the right to reject the bidder’s offer, which is not submitted as per above Price Schedule format.

3. All items/elements in the above Price Schedule will be considered for evaluation.

4. Packing & Forwarding and transportation and TPI charges and any other charges if any shall

be indicated separately / clearly.

5. Indicate the applicable rate of GST and other charges and taxes. Our GST Number is 33AACM4392C1ZU.

Please indicate your GST Number: Please indicate HSN code:

6. Bidder shall ensure that a copy of the above Price Schedule, duly indicating in the respective columns as "Quoted (Q) / Not Quoted (NQ) " without price, is enclosed in the PART-II (TECHNO-COMMERCIAL BID).

7. Conditions/items/ elements, (if any), not indicated in the “Unpriced Copy” of the Price

Schedule but indicated in the “Priced Offer”, by the bidder, then the bidder’s offer shall be summarily rejected.

8. The Bidder shall confirm their acceptance for Part Order Quantity in case of placement of

Order.

9. Invoicing, Registration and all documentation shall be done in the name of CHENNAI PETROLEUM CORPORATION LIMITED, Cauvery Basin Refinery, Panangudi, Nagapattinam. Tamilnadu.

Name : _______________ Designation : _______________ Signature ____________ Company Seal : _______________ Date _____________




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INSTRUCTIONS TO SUPPLIERS

The Clauses stated herein supersede the terms referred in the GPC (Indigenous)




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INSTRUCTIONS TO SUPPLIERS: 1.0 COST OF BIDDING

The bidder shall bear all costs associated with the preparation and submission of the bid and CPCL will in no case be responsible or liable for these costs, regardless of the conduct or outcome of the bidding process.

2.0 TENDER DOCUMENT 2.1 Tender Documents

The bidder is expected to examine all instructions, forms, terms and specifications in the tender documents. The Tender together with all its attachments thereto, shall be considered to be read, understood and accepted by the bidders, unless deviations are specifically stated seriatim by the bidder. Failure to furnish all information required by the Tender documents or submission of a bid not substantially responsive to the Tender documents in every respect will be at bidder’s risk and may result in the rejection of his bid.

2.2 Clarification of Tender Documents

A prospective bidder requiring any clarification on the Tender Documents may notify CPCL in writing or by fax or cable at CPCL’s mailing address indicated in the Tender. CPCL will respond in writing to any request for clarification on the tender documents, which it receives not later than 10 days prior to the deadline for the submission of bids prescribed by CPCL.

2.3 Amendment of Tender Documents

2.3.1 At any time prior to the bid due date, CPCL may, for any reason, whether at its own initiative or in response to a clarification requested by a prospective bidder, modify the tender documents.

2.3.2 Bidders are requested to note that all future Corrigendums, Amendments,

Revisions, Extensions of submission date, etc with regard to this tender, if any, shall be published only at CPCL website and not through press advertisement

3.0 GOVERNMENT DIRECTIVES The directives issued by the Government of India from time to time with regard to the

following shall be duly considered :-




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a) Purchase Preference Policy for Products and Services of Central Public Sector Enterprises: Owner reserve the right to give purchase preference to Public Enterprises as admissible under the existing Government Policy as on the date of opening of price bids.

b) Policy regarding involvement of Indian Agents of Foreign Suppliers : If Indian

agents are involved, such agent shall meet the PQ criteria and they shall be registered with DGS&D. The supplier shall indicate the name of the Indian agent, with their full address and percentage of commission included in their quoted price in the commercial questionnaire. The supplier shall also furnish copy of the Indian agent’s registration certificate with RBI, copy of the supplier’s agreement with the Indian agent and indicate the nature of services to be rendered by the Indian agent. The L/C for the foreign supply shall be established for FOB value less the agency commission. Owner will directly pay the agency commission to the Indian agent in equivalent Indian Rupees (at the foreign exchange rate as applicable on the date of payment to the vendor) after satisfactory completion of the order. The supplier shall note that in the event of any breach or default on their part to disclose the agency arrangements in India, there would be a penalty of banning business dealings with the Government/ payment of damages to Owner.

c) Restrictions on dealings by PSEs with private firms where former top executives

of the concerned PSE has joined after retirement : The supplier shall give a declaration in the commercial questionnaire to this effect.

4.0 DEVIATIONS

4.1 CPCL expects Supplier’s compliance to requirement of tender document without any deviation. In any case, no exception or deviation shall be accepted to the following clauses of tender document:

a) Non-submission of Earnest Money Deposit (EMD) b) Non-submission of Performance Bank Guarantee (PBG) c) Non-provision of Warranty for materials d) Non-submission of offer with firm price without any escalation till complete

execution of order. 4.2 Deviations, if any, other than those indicated above, if felt absolutely necessary shall

be indicated in the format enclosed with the Commercial Questionnaire only and shall not be repeated in the bid elsewhere. CPCL shall not take cognizance of any deviation stipulated elsewhere in the RFQ document.




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5.0 EARNEST MONEY DEPOSIT (EMD) : 5.1 Form of EMD The quotation shall be accompanied by EMD for the amount indicated in the tender in

any one of the following forms: 5.1.1 Demand Draft (DD): The Bidder shall pay Earnest Money Deposit (Interest free) by

crossed “Account Payee” demand draft drawn in favour of CHENNAI PETROLEUM CORPORATION LIMITED” payable at Chennai / Nagapattinam OR

5.1.2 Bank Guarantee (BG) : The BG shall be issued by a Scheduled Commercial Bank

located in India. BGs issued by a Foreign Bank shall be counter-guaranteed by their branch in India or a scheduled commercial bank in India. The BG shall be as per the enclosed format. The BG shall be valid for 6 months from the date of opening of technical offer of Tender. The validity of the BG shall be extended in case of extensions in bid validity sought during bid evaluation. Bank guarantee shall be on non-judicial stamp paper of value not less then Rs.100/- (Rupees One Hundred only) in favour of “Chennai Petroleum Corporation Limited” and addressed to CPCL. Bid Security must indicate the Bid Document No. and the item for which the bidder is quoting and shall be in the format provided along with this Instructions to Suppliers.

5.2 Rejection of Bid :

Bids without EMD other than those suppliers who are exempted in line with clause 5.3 shall be considered as non-responsive and rejected.

The EMD shall not be accepted and the bid shall be rejected under the following circumstances : - The name of the item mentioned in the BG is different from the item for which bids have been invited. - The firm on whose behalf the BG has been furnished is different from the

Supplier. - The EMD is not for the prescribed value.

5.3 Exemption from submission of EMD :

EMD shall not be applicable in the following cases :

- In line with the Government Directives, Small Scale Industrial Units registered with National Small Scale Industries Corporation (NSIC) under the Single Point Registration Scheme shall be exempted from submitting EMD for items registered with NSIC and upto the monetary limit specified in the registration certificate. A copy of valid NSIC Certificate shall be furnished by such bidder in their Unpriced Bid Part I

- CPSUs : Central Public Sector Undertakings.




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-

5.4 Return of EMD :

The EMDs of unsuccessful Supplier’s shall be returned to them without any interest upon award of contract on the successful Supplier and acceptance of the same.

The successful bidder’s bid security will be discharged upon the bidder’s accepting the Order and furnishing the Performance Bank Guarantee. In case of cancellation of the tender, the EMDs along with the offers submitted by all the Suppliers shall be returned immediately after the decision on cancellation is taken.

5.5 Forfeiture of EMD :

The EMD shall be forfeited in full under the following circumstances :

- the Supplier withdraws the bid after priced bid opening but during the period of bid validity

- the Supplier makes unsolicited modifications in the bid during the bid validity.

- the successful Supplier fails within the specified time to accept the order and

furnish the Contractual Performance Bank Guarantee. It may be noted that no interest shall be allowed on the EMD submitted.




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6.0 SUBMISSION OF BIDS (THREE BID SYSTEMS)

6.1 Bids shall be submitted in the following manner, in separately sealed envelopes duly superscribed as below:

PART – I - PQ DOCUMENTS PART OF BID Documents (PQ) related with Category of Supplier, experience and finance, in line with “Pre-Qualification Criteria” indicated in this tender along with Integrity Pact shall be submitted in a separate envelope duly sealed and pasted with CUT-OUT slip marked PART-I (PQ DOCUMENTS). EMD/Bid Security and Integrity Pact shall also be submitted along with this Part in separate sealed envelope superscribing “ EMD FOR NIT No.". CBR/MMD/18-19/001/PIPE PART-II - TECHNO-COMMERCIAL PART OF BID Techno-Commercial part of bid shall contain the following and shall be submitted in 2 copies (1 Original + 1 copy) in a separate envelope duly sealed and pasted with CUT-OUT slip marked PART-II (TECHNO-COMMERCIAL BID)

i) All the technical details called for in Material Specification. ii) Complete set of duly signed and stamped bid documents including

specification sheets, data sheets, instruction to bidders, GPC, Format of PBG, etc.

iii) Commercial Questionnaire duly filled, signed and stamped, in the format separately enclosed.

iv) Deviations to tender Conditions, if any, in the format enclosed with the Commercial Questionnaire.

v) Unpriced copy of the Price Schedule – strictly in line with the format given in the tender document - duly indicating in the respective columns as “Quoted (Q) / Not Quoted (NQ)” WITHOUT PRICE.

vi) All the details called for in Tender. PART-III - PRICE PART OF BID: This part shall contain only PRICES/VALUES duly filled in the “PRICE SCHEDULE” format enclosed and shall be submitted in a separate envelope duly sealed and pasted with CUT-OUT slip marked as PART-III (PRICED). It is to be noted that the sealed envelope containing this part shall contain only prices /values and no conditions whatsoever. Any conditions given in this part shall not be considered and if insisted upon by the Supplier shall be liable for rejection. THE SUPPLIER SHALL SUBMIT ORIGINAL PRICE PART ONLY. NO SECOND COPY SHOULD BE SUBMITTED.

6.2 CPCL reserves the right to reject any or all the Bids without assigning any reason(s)

thereof.




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6.3 PRICES, TAXES (GST) AND DUTIES SHOULD BE FURNISHED STRICTLY AS PER PRICE SCHEDULE / FORMAT ATTACHED WITH SPECIFICATION/ ENQUIRY DOCUMENTATION ONLY.

6.4 If any discrepancies noted between the tender price schedule and quoted price

schedule, then the contents of enquiry price schedule shall only prevail for all contractual purposes.

6.5 Offers of suppliers who have not quoted for all the items as required in the price schedule

shall be liable for rejection. 6.6 All the attachments where Supplier should fill the details and submit with seal and

signature such as Commercial Questionnaire, Deviation to tender terms and conditions, if any, etc., are to be submitted along with the bid.

7.0 CORRECTIONS AND ALTERATIONS :

Tenderers are required to fill in the Tender Documents with all due care, avoiding cuttings/corrections/alteration/overwriting etc. in the entries, as far as possible. In case corrections/alterations become unavoidable or inevitable, the entry to be corrected, altered should be neatly cancelled or scored through by striking the entry by drawing a line through it and making the revised/corrected entry as close to the cancelled entry as possible, each such cancellation and correction/alteration being clearly and unambiguously authenticated by the Tenderer by his full signature. Overwriting and/or erasing with or by the application of correcting/erasing fluid(s) will not be permitted and shall be liable for rejection.

8.0 ARITHMETIC DISCREPANCIES IN PRICED OFFER:

Vendors to note that in case of arithmetic (addition/multiplication/price summary/Duty and Tax calculation etc.) discrepancies in vendor offer, the higher figures will be considered for comparison and lower figures will be considered for ordering.

9.0 EVALUATION AND AWARD OF BIDS :

9.1 Supplier to note that entire scope of specification sheet covering all supplies shall be considered for evaluation and order.

9.2 CPCL reserves the right to evaluate and place Order on itemwise L-1 Basis or Overall L-1 basis.

9.3 Firm & Fixed Price : Price quoted by the bidders shall be firm and fixed during

the complete execution of contract and bidder’s performance of the contract.

9.4 Indicate Lumpsum / percentage w.r.t basic price road freight charges up to site.

CPCL shall not consider any price variation due to diesel price increase while finalizing the order / execution of the order.




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9.5 Income/Corporate Tax : As regards the Income Tax, surcharge on Income Tax or any other Corporate Tax payable by the Bidder for reasons of the contract awarded, and/or on their expatriate personal, the Owner shall not bear any tax liability whatsoever, irrespective of the mode of construction of contract/order. The bidder shall be liable and responsible for payment of such tax, if attracted under the provision of Indian Income Tax Act.

Bidder may note that if any tax is deductible at source as per Indian Income Tax Law, the same will be 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 provisions of taxes in their prices.

9.6 Octroi/Entry Tax, if applicable, shall be paid by vendor initially and shall be reimbursed by Owner against documentary evidence. As such Octroi / Entry Tax shall not be included in the quoted price.

9.7 No credit will be given for goods offered which conform to alternative standards,

even if superior to the standards prescribed in the tender specification / standards.

10.0 LANGUAGE

The bid prepared by the bidder and all correspondence/drawings and documents relating to the bid exchanged by bidder and the CPCL shall be written in English language, provided that any printed literature furnished by the bidder may be written in another language so long as accompanied by an ENGLISH translation, in which case, for the purpose of interpretation of the bid, the ENGLISH translation shall govern. Metric measurement system shall be applied

11.0 DELIVERY PERIOD

The delivery of Pipes shall be completed in all respects and delivered at Chennai

Petroleum Corporation Limited, Cauvery Basin Refinery, Nagapattinam-611 002 by the Bidder within 05 (Five) months from the date of issue of Fax of Intent /Purchase Order.

12.0 PENALTY FOR DELAYED DELIVERY & NON CONFORMANCE: Periodic review meetings to be organized by the supplier to complete all scheduled activity given in our delivery period and in case any activity is delayed on account of CPCL then time extension for that activity to be obtained immediately from Materials department. Any inputs, information & confirmation are not given in time by CPCL proper documentary evidences, Minutes of meeting shall be maintained to avail the time extension to waive off penalty for delay.




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If the Bidder fails to complete the Order on or before the agreed delivery period, or any extension granted thereof in writing by CPCL, CPCL shall have the right to recover from the bidder ½% of the supply value of the goods or the total order value per week of delay subject to a maximum of 5% of the total order value. The delivery period shall be reckoned from the date of our LOI/Purchase Order and no grace period shall be allowed. NON CONFORMANCE: In case of delivery schedule is not adhered to, CPCL has the right to cancel the order wholly or partially and procure/execute through other source and the additional cost incurred shall be recovered from the bills or from CPBG.

13.0 PAYMENT TERM:

100 % payment within 30 days after receipt and acceptance of materials at CPCL, Cauvery Basin Refinery, Panangudi, Nagapattinam-611 002. Payment shall be made through ECS/RTGS mode system. No Advance Payment shall be made by us. All payments shall be made through RTGS System. Bidder shall furnish the following bank details along with their offer : i) Name & Address of the bank; ii) Account Type; iii) Account No.; iv) MICR No.; v) NEFT Code; and vi) RTGS Code.

14 INSPECTION / TEST CERTIFICATE:

Inspection will be done as specified in the Specification Sheet. The material supplied shall be accompanied with Manufacturer’s quality test certificate indicating all the parameters as per CPCL specification and test methods/procedure stipulated. Quality Assurance Plan (QAP) shall be obtained from us. Third Party Inspection : Stage wise and final inspection (as per scope of tender) shall be arranged and got done through by any one of the following third party inspection agencies only : 1. Bureau Veritas(BV)

2. Lloyds Register of Shipping

3. Det Norske Veritas(DNV)

4. Certification Engineers International Ltd.(CEIL)

5. SGS India Pvt. Ltd.

6. TUV South Asia Pvt. Ltd.

7. TUV India Pvt. Ltd.

8. Tata Projects Ltd.

9. Baxcounsel Inspection Bureau Pvt. Ltd.

10. Engineers India Ltd.




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11. Project & Development India Ltd.(PDIL).

Supplier shall indicate the maximum lumpsum charges and other applicable taxes towards the Third Party Inspection separately in the Price Schedule. Supplier shall furnish all the relevant inspection release notes of Third Party Inspection along with the Manufacturer’s Test Certificates in originals with despatch documents or while delivering the materials at site. Third Party Inspection Charges will be paid subject to production of original documentary (TPI Invoice) evidence. In case of difference between TPI charges quoted in the offer and TPI Invoice amount, the amount whichever less only will be paid. Third Party Inspection Invoice shall contain the phrase “TPI charges on account to CPCL”. The supply shall be arranged from the Latest produced batch / Lot strictly as per our specification. 15 REJECTIONS & REPLACEMENTS:

The supplier shall take all precautions to avoid rejections. If the supplies do not meet our specification, the supply will be rejected and supplier should make their own arrangement to remove the goods. The supplier shall effect fresh replacement of rejected supply at their cost with in a given time. In case the replacements are not made within the given time CPCL has the right to procure the material elsewhere and the additional cost incurred shall be recovered from the bills or from the PBG. In case of rejections CPCL reserves the right to short close the order and forfeit the PBG.

16 PERFORMANCE BANK GUARANTEE (PBG) :

The successful bidder shall furnish a Bank Guarantee for a sum equivalent to 5% of the total contract value (landed cost) as Performance Bank Guarantee (PBG), the same shall be valid till the final delivery date plus six months. In case the vendor does not furnish PBG prorate payment of 5% shall be deducted from vendor’s invoice and retained for a period of final delivery date plus six months. It shall be in the form of a DD or in the form of Bank Guarantee as per our format enclosed, issued/counter guaranteed by any Govt. of India nationalized /scheduled bank & with an additional claim period of 6 months beyond the validity of Bank Guarantee.




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17 VALIDITY OF BIDS

17.1 The Bid shall be valid for a minimum period of 4 Months from the Final Bid Due Date.

17.2 In the event of delay in finalizing the tender, the validity of the bid shall be extended by the bidder without any change in price, deviation to the terms and conditions, as, otherwise, their offer shall be liable for rejection

17.3 However, bidders are allowed to withdraw their bid if they are unable to extend

validity period as required by CPCL. 18 COMMERCIAL EVALUATION:

Appropriate loading shall be done for the commercial deviations as per “LOADING CRITERIA” given in this tender.

19 FORMAT AND SIGNING OF BID

19.1 The bidder shall prepare required number of copies of the bid, clearly marking each “Original Bid” and “Copy of Bid” as appropriate. In the event of any discrepancy between them, the original shall govern.

19.2 The original and all copies of the bid shall be typed or written in indelible ink and

shall be signed by the bidder or a person duly authorised to bind the bidder to the Contract. The name and position held by each person signing, must be typed or printed below the signature. All pages of the bid, except for unamended printed literature, shall be initialed by the person or

persons signing the bid. 19.3 The complete bid shall be without alterations, interlineations or erasures, except

those to accord with instructions issued by the CPCL or as necessary to correct errors made by the bidder, in which case such corrections shall be initialed by the person or persons signing the bid.

20 MODIFICATION AND WITHDRAWAL OF BIDS :

No bidder shall be allowed to withdraw in the interval between the deadline for submission of bids and the expiration of the period of bid validity specified by the bidder on the Bid Form. Withdrawal of a bid during this interval shall result in the forfeiture of bidder’s Earnest Money Deposit (EMD). Any bid received by CPCL after the bid due date and time prescribed above shall be rejected.




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21 LATE OFFERS:

Late Offers will be rejected. CPCL shall not be responsible for any postal delays or non-delivery / non –receipt / late receipt or loss of Bid Document

22 TECHNO -COMMERCIAL QUESTIONNAIRE

Supplier shall submit the Techno Commercial Questionnaire, attached with this document, duly filled in with all details, along with the Unpriced Bid (PART-II).

23 PAN AND SALES TAX REGISTRATION NUMBER

The bidder shall indicate his/their Permanent Account Number(PAN) and Sales Tax Registration Number / GST / Corporate Identity Number.

24 GRIEVANCES IN TENDERS :

Any grievances related to the tender / PO shall be addressed to Deputy General Manager Chennai Petroleum Corp. Ltd., Cauvery Basin Refinery, Nagapattinam 611 002 Any actual or prospective bidder who is aggrieved in connection with the solicitation, evaluation or award of a contract/ Purchase Order may formally protest such grievances in writing to the Deputy General Manager (CBR) if the response received from the ‘Officer-in-Charge’ is not acceptable to the bidder or if no response from the Officer-in-Charge with in a week. Such protest must be in writing and received in the office of the Deputy General Manager (CBR) within a week after receipt of response from the Officer-in-Charge or within two weeks of their first representation to the Officer-in-Charge.




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TECHNO -COMMERCIAL QUESTIONNAIRE (INDIGENOUS) (Offers received without this sheet, duly filled-in, are liable for rejection) Tender No. _____________________________________________________ Supplier Bid Ref.No. : ____________ Date : _____________________

Sl. No.

Description Supplier’s Confirmation

1

Confirm acceptance to the Technical Specification (Specification Sheet, Data Sheet, etc). If Deviation, please confirm whether the same is indicated in the deviation sheet attached.

2

Confirm acceptance of Tender Commercial terms and conditions [Instruction to Suppliers, GPC (Indigenous), etc.,]. If Deviation, please confirm whether the same is indicated in the deviation sheet attached.

3 Please note that deviations, if any, taken by you to the Tender Commercial Terms and Conditions, shall result in either loading of prices or rejection of the offer.

4

Deviations to Tender Terms and conditions if any, shall be indicated in the “Deviations to Tender Terms and Conditions” sheet only. Deviations mentioned elsewhere shall be ignored. Confirm compliance.

5 Quantity Tolerance: Positive Quantity tolerance only acceptable – one random length or to the nearest length in each size. Please Confirm

6 Confirm whether the EMD has been enclosed. Please specify the mode of EMD (DD/BG/NSIC)

7 Confirm attachment of proof for annual turnover in line with Pre-Qualification Finance Criteria

8

Confirm submission of Price Schedule as per the format attached in the tender and also confirm that a copy of the Price Schedule(without prices), duly indicating in the respective columns as "Quoted (Q) / Not Quoted (NQ) " except price, is enclosed in the UNPRICED BID.

9

Confirm submission bank details to enable CPCL to make payment in RTGS system, in the event of an order and followed by receipt and acceptance of material.




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10 PRICE BASIS

10.1 Confirm quoted price shall be firm and fixed till complete execution of order as per enquiry/NIT terms and conditions..

10.2 Indicate the Despatch Point from where the supplies will be made

10.3 Confirm that the Price Basis – Ex-Works Basis or F.O.R CPCL-CBR site basis.

10.4 Indicate Packing & Forwarding Charges, if the same is extra (in terms of percentage(%) or lumpsum).

10.5 Confirm that Freight charge has been indicated in the Price Schedule (if the same is extra). Please indicate applicable taxes (GST).

10.6

Insurance shall be done by CPCL at its cost. However, if the quoted price is for F.O.R Destination / CPCL site basis, then transit insurance shall be covered by the vendor. Confirm Compliance.

10.7

In case imported materials are envisaged, then the quoted prices shall remain firm and fixed inspite of Customs Duty variations and foreign exchange rate variations. Confirm compliance.

11.0 GST

11.1 Indicate the applicable rate of GST

12.0 INSPECTION AND TESTING

12.1 Inspection and Testing shall be done as per the Tender condition. Confirm your compliance.

12.2 Indicate the applicable Lumpsum /Inspection Charges, if the same is extra (in terms of percentage(%) or lumpsum). Please indicate applicable taxes (GST).

13.0 DELIVERY PERIOD

13.1 Confirm your compliance to Delivery Period as per Tender Condition. If not, please indicate your best possible delivery period.

13.2 Offers with longer delivery period shall be liable for rejection.

14.0 PAYMENT TERMS

14.1 Confirm your acceptance of relevant Terms of Payment specified in the tender condition.

15 PERFORMANE BANK GUARANTEE (PBG)




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15.1

In the event of an order, bidder to confirm that PBG will be furnished for value and period and as mentioned in the tender documents. Confirm compliance.

15.2 In case, PBG is not furnished, then bidder to confirm agreement to retain the last 5% payment as per the tender condition. Confirm compliance.

16.0 PENALTY FOR DELAYED DELIVERIES

16.1 Confirm compliance to Penalty for Delayed Deliveries as per Tender condition.

17 REPEAT ORDER

17.1

In the event of repeat order, it shall be by way of separate order only (and not as amended to original order) on the same rates, terms and conditions of the original order, restricted to 100% of the original order quantity upto a period of one year from the date of original order. Confirm compliance.

17.2

PART ORDER: Confirm acceptance of Part Order. However the quantity intended for each item shall not be split.

18.0 DISCOUNT

18.1 Confirm that there is no discount on offer.

18.2

In case of discount is offered, it shall be in percentage and shall be indicated here. Discount mentioned elsewhere in the offer shall be ignored.(except in the Price Schedule). Please note that discount indicated shall be considered as applicable on all items, quotes, charges, etc., of the offer unless specified otherwise.

19 VALDITY

19.1 Confirm that your offer shall be valid upto 4 Months from the final due date / extended due date of the enquiry.

20 GENERAL

20.1

The bidder is required to state whether any of the Directors of bidder is a relative of any Director of CPCL or the bidder is a firm in which any Director of CPCL or his relative is a partner.

20.2

Please confirm you have not been banned or delisted by any Government or Quasi Government agencies or PSUs. If you have been banned or delisted by any Government or Quasi Government agencies or PSUs, then this fact must be clearly stated. If this declaration is not furnished, your bid shall be treated as non-responsive and liable for rejection.




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20.3 Indicate the list of item numbers regretted.

20.4 Furnish the reasons for regret.

20.5

Bidder to confirm that bidder’s own terms and conditions stipulated in the bid including bidder’s own printed terms and conditions of sale, if any, appearing in the bid shall not be applicable and shall stand deleted. Bidder to confirm compliance.

22.6 All other terms and conditions shall be as per our GPC(Indigenous) attached with the tender documents. Confirm compliance.

22.7 Furnish contact person / address / fax / e-mail / phone number details for pre-order correspondence.

22.8 Please furnish complete address on whom PO to be placed in the event of an order.

Name : Designation : Tele No. Fax No. Email id : Date : Company Seal & Signature Note : Suppliers are requested to contact CPCL-Cauvery Basin Refinery, Panangudi,

Nagapattinam-611 002 for any technical and commercial clarification before the bid due date so as to submit the offer complete in all respect to all technical and commercial requirements as per Tender.

Communications Details :

1. Mr.K. Selvam Manager (MM) Ph : 04365-256743 Email : [email protected]

2. Mr.T.Kumar, Chief Manager (MM) Ph : 04365-256742 Email : [email protected]

3. Mr. A. Kalaiselvi

Purchase Ph : 04365-256745 Email : [email protected]




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DEVIATIONS TO TENDER TERMS AND CONDITIONS

(TECHNICAL & COMMERCIAL)

TENDER NO. ITEM : SUPPLIER’S BID NO. DATE : We have received your Terms and Conditions, Instruction to Supplies, GPC, etc., enclosed with Tender. We confirm acceptance of the same subject to the following deviations :- Sl. No.

Tender Condition (Technical and Commercial)

Clause No.

Bidder’s Deviation

NAME : ________________________________ DESIGNATION : _________________________ SIGNATURE OF THE SUPPLIER COMPANY SEAL DATE




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CHENNAI PETROLEUM CORPORATION LIMITED

( A group company of IndianOil) GENERAL PURCHASE CONDITIONS (INDIGENOUS) 1. DEFINITIONS

The following expressions used in these terms and conditions and/or in the Purchase Order shall have the meaning as detailed hereunder against each of them: Owner : Chennai Petroleum Corporation Limited having its Registered Office at 552

Anna Salai, Teynampet, Chennai-600018 including its successors or assignees.

Order : Supply and delivery of the material in accordance with the requirements defined in Purchase Order (including all attachments and exhibits thereto) together with any subsequent modifications thereof.

Seller/Supplier : A firm or Company to whom the Order is issued and includes its successors or assignees.

Goods/Materials : Any Articles, Machinery, Equipment, Items or supplies/work specified or required to complete the Order.

Project Site : CPCL , Cauvery Basin Refinery, Nagapattinam-611 002 (Unless otherwise specified).

2. ACCEPTANCE OF ORDER

This Order is expressly conditioned on Seller’s acceptance of all the terms and conditions hereof and constitutes the entire agreement between parties hereto. With the acceptance of the order, Seller waives and considers as void all his General Sales Conditions. The Seller shall sign, stamp, and date the copies of the Purchase Order and return the copies to Owner as token of having accepted the Order without reservations within a week of the date of order.

3. MODIFICATIONS & AMENDMENTS

Owner shall have the right to modify or amend this Order subject to an adjustment in the price and/or delivery date in accordance with the applicable provision of the Order, if any, or pursuant to mutual agreement. Modification to this Order shall be binding only with the written acceptance thereof by the Seller and Owner. The Seller shall carry out such amendments to the Order and shall be bound by the same terms and conditions incorporated in the original Order. Claims, if any, for adjustment in price/delivery date shall be made within fifteen (15) days from the date when revisions/changes are ordered. Such claims shall not prejudice the Owner’s right to claim a refund of any amount advanced or paid to the seller.

4. DELAYS OR NON-DELIVERY

Time is the essence of this Order and the completion dates agreed to are binding on the Seller. Goods shall be delivered in accordance with the Order to such place(s) as is specified therein and at such time(s) as the Owner shall have notified to the Seller. If upon receipt of the Order or at any time thereafter it is found that the Supply of goods or material called for can not be completed within the time specified in the Order, notice thereof must be given immediately by Fax/Telex/Telegram and confirmed by Registered Mail to Owner together with the best completion date that can be offered. Failure to deliver the goods or materials on or before the date specified in the Order under provisions stated in Article 5 without prejudice to any other rights Owner may have as a result thereof. In such an eventuality, Owner may make other alternate procurement arrangements as may be deemed necessary or desirable in the circumstances and any additional expenditure




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incurred by the Owner in connection therewith shall be reimbursed by the Seller on demand.

5. TERMINATION Owner may, at any time, terminate any part of the work or all work remaining to be done in connection with this Order with effect from such dates as Owner may specify upon such terms and conditions as may be agreed to at the time of such termination. Owner shall have the right to buy at his option and at an agreed price from the Seller, the cancelled Goods and components and also to recover all materials supplied by Owner to seller for use on the Order. In the event of a termination of the Order or part thereof, the seller shall forthwith carry out instruction of Owner in connection with such termination including the cancellation of sub-orders the Seller may have placed with others. Owner and/or his authorised representatives shall have free access to the Seller’s works and those of their suppliers to examine the materials and fabrication status reached at time of the Order cancellation and to agree to a reasonable price with the seller. If cancellation of the Order whether in full or in part is caused by reasons directly attributable to the Seller, Seller shall agree to reimburse Owner, the extra cost incurred by Owner in procuring the cancelled goods from other sources.

6. ASSIGNMENT AND SUBLETTING Except for raw materials or any part of this Order for which the makers are named in this Order the Seller shall not assign the Order or any part thereof, or any monies due hereunder or sublet this Order or any part hereof without prior written consent of Owner. All sub orders shall bear Owner’s Order Number and shall contain the following words. “The Goods/materials being supplied against this Order are subject to inspection/expediting by CPCL and/or their assigned representatives.” The Seller agrees to furnish to Owner three unpriced copies of all sub-orders issued for raw materials and components within seven days of placement of such sub-orders.

7. FORCE MAJEURE Shall mean and be limited to the following: a) Any War hostilities. b) Any riot or civil commotion. c) Any earthquake, flood, tempest, lightning or other natural physical disaster. d) Any strike, or lock-out (only those exceeding ten (10) continuous days in duration)

affecting the performance of the seller’s obligations. e) Any restriction imposed by the Government (Central or State) or other Statutory bodies

which prevents or delays the execution of the Order by the Seller. The Seller shall advise Owner by a registered letter duly certified by Local Chamber of Commerce or Statutory authorities the beginning and end of the above causes for delay within seven (7) days of occurrence and cessation of such Force Majeure conditions, in the event of delay lasting over one month, if arising out of causes of Force Majeure, Owner reserves the right to cancel the Order and provisions governing termination stated under Article 5 shall apply. For delays arising out of Force Majeure, the Seller shall not claim extension in completion date for a period exceeding the period of delay attributable to the causes of Force Majeure and neither Owner nor Seller shall be liable to pay extra costs provided it is mutually established that Force Majeure condition did actually exist.




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Seller shall categorically specify the extent of Force Majeure conditions prevalent in his works (such as power restriction etc.) at the time of submitting the bid and whether the same have been taken into consideration or not in the quotations.

8. INSPECTION AND EXPEDITING All inspections and tests shall be made as required by the specifications attached to or made part of this Order and or amendments issued by Owner. All goods or materials shall be subject to inspection by Owner or their authorised representatives. Such tests and/or inspections by Owner may be held in conjunction with the representatives of the Seller. Seller shall advise the Owner, in writing, as the circumstances warrant at least fifteen (15) days in advance of the date of the final tests and/or inspection. Owner’s inspector shall be the authorised inspection spokesman and all matters including the owner’s requirements shall be handled with the Seller directly. Such inspection, or failure to inspect on the part of Owner shall in no way relieve the Seller of any responsibility or liability with respect to such, materials nor prejudice the right of Owner to reject unsuitable material after arrival at the destination. Unless specifically stated contrary in the Order, all expenses relevant to the preparation and performance of testing, inspection and expediting and the preparation of any test reports or certificates shall be borne by the Seller except for the salaries, fees, travelling, lodging and boarding expenses of Owner’s representatives. The Seller shall submit to Owner within four weeks from the date of this Order a bar-chart showing start and finish dates for various activities forming part of the execution of this order and identifying the delivery dates of this activity schedule. Seller shall update this bar-chart every month showing the actual performance of the activities and how the delivery date has been affected thereby. Copies of the updated bar-charts will also be submitted to Owner for review of the progress of the Order. When deemed advisable by Owner the Order and Seller’s sub-order shall be subject to personal expediting by Owner’s representatives. Such expediting shall in no way relieve the Seller of the time or delivery obligations under the terms of the Order. At all reasonable times and places, before, during and after manufacture, the seller shall grant and provide access to Owner or their representatives to all parts of the Seller’s works and its sub-Supplier’s works involved in the manufacture or processing of the goods or materials.

9. GUARANTEE All goods or materials shall be supplied strictly in accordance with the specifications, drawings, data sheets, other attachments and conditions stated in the order. No deviations from such specifications or alterations of these conditions shall be made without Owner’s agreement in writing which must be obtained before any work against the order is commenced. All materials furnished by the Seller pursuant to this Order (irrespective of whether engineering, design data or other information has been furnished, reviewed or approved by Owner) are guaranteed to be of the best quality of their respective kinds (unless otherwise specifically authorised in writing by Owner) and shall free from faulty design (to the extent such design is not furnished by Owner) workmanship and materials, and to be of sufficient size and capacity and of proper materials so as to fulfil in all respects all operation conditions, if any, specified in this order. If any troubles or defect originating with the design, material, workmanship or operating characteristics, of any materials arise at any time covering a period of twelve (12) months from the date of the first commercial operation of the Plant for which the materials supplied under this Order form a part or twenty four (24) months from the date of last shipment of goods/materials whichever period shall first expire, and the Seller is notified thereof, Seller shall, at his own expense and as promptly as possible make such alterations, repairs and




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replacements as may be necessary to permit the materials to function in accordance with specifications and to fulfill the foregoing guarantees. Owner may, at his option remove such defective material, at Seller’s expense in which event Seller shall, without cost to Owner and as promptly as possible furnish and install proper materials. Repaired or replaced materials shall be similarly guaranteed for a period of not less than twenty four (24) months from the date of shipment. In the event that the materials supplied do not meet the specifications and/or are not in accordance with the drawings, data sheets or the terms of this order, and rectification is required at site, Owner shall notify the Seller giving full details of differences. The Seller shall attend the Site within seven (7) days of receipt of such notice to meet and agree with representative of Owner the action required to correct the deficiency. Should the Seller fail to attend meeting at Site within the time prescribed above, Owner shall immediately rectify the work/materials and Seller shall reimburse Owner all costs and expenses incurred in connection with such trouble or defect.

10. PATENT INDEMNITY The Seller shall fully indemnify Owner, Vendors and users of the materials furnished hereunder, against any action, claim or demand, costs and expenses, arising from or incurred by reasons of any infringement or alleged infringement of any letters patent, Registered Design, Trade Mark or name, Copy Right or any other protected rights in respect of any material supplied or any arrangements, system of methods of using, fixing or working used by the Seller. The Prices quoted by the Seller shall included all charges for Royalties payable in respect of the use of any letters patent, registered design, Trade Mark or name, drawing or technical information which may be involved in the performance of this order or in the construction or use of any plant, material or apparatus supplied by the Seller. In the event of any claim or demand being made or action brought against Owner in respect of any of the aforesaid matters, the Seller shall be notified thereof, immediately and the Seller shall at its own expense with (if necessary) the assistance of Owner (whose all expenses shall be reimbursed by the Seller) conduct all negotiations for the settlement of the same and/or any litigation which may arise there-from.

11. LIABILITY AGREEMENT Seller shall defend and hold Owner, harmless from all claims and liability for injuries to

and/or death of any and all persons, and for loss of and/or damage to property caused in whole or in part by the negligence or willful acts of the Seller, arising under or by reasons of materials furnished hereunder including without limitation, the installation, erection, repair, rectification, adjustment or operation of the materials covered by this order. In addition, Seller shall, if it elects to utilize materials, tools, equipment or facilities made available to Seller by Owner for use by the Seller and not to be incorporated in the work, as additional consideration there for, defend and hold Owner harmless from all claims and liability for injuries to, and/or death of, any and all persons and/or loss of and/or damage to property resulting from or by reasons of the Seller’s utilisation thereof, whether or not caused partially or totally by the negligence of Owner’s employees, contractors, sub-contractors, agents or representatives. In any case where it is necessary for employees or representative of Seller to go upon the premises of Owner, Seller agrees to assume full responsibility for the proper conduct of such employees/representatives while on said premises and to comply with all applicable workmen’s Compensation Laws, other applicable Government regulations and ordinances




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and all Plant Rules and regulations particularly in regard to safety precautions and fire hazards. If this Order required Seller to furnish labour at Site, Seller shall furnish to Owner a Certificate, or other evidence satisfactory to Owner indicating that such labour is adequately covered by Workman’s Compensation Insurance and Employer’s Liability Insurance with limits acceptable to Owner.

12. FIRM PRICES Unless otherwise specified in the Order, the Order price shall remain firm and will not be subject to escalation of any description during the pendency of the order, notwithstanding the change in the cost materials, labour and/or variations in taxes, duties and other levies on raw materials and components that may take place while the order is under execution even if the execution of the order is delayed beyond the completion date specified in the order for any reasons whatsoever. If any details shown on the drawings are omitted from the specifications or vice-versa, the Seller shall, notwithstanding such omissions supply in accordance with such details and shall be deemed to have included the cost for such work in the Price.

13. TAXES, DUTIES, UNEMPLOYMENT BENEFITS ETC

Sales tax and local taxes, such as town duties and octroi applicable at the destination on the finished goods alone will be payable by the Owner at actuals against documentary evidence to be furnished by the Seller. All other taxes, duties, levies and imposts will be to the Seller’s account. Seller shall adjust taxes, duties, cess or levies wherever required if the owner furnishes exemption certificates even retrospectively. Seller hereby accepts exclusive liability for, and agrees to indemnify Owner against liability for, the payment of any and all contributions or taxes for unemployment, insurance, old age pensions or annuities or other purposes prevalent under the present legislation or hereafter imposed by the Government of India and/or by any unit or sub-division or authority thereof, which are in whole or in part measured by and/or based upon the wages, salaries or other remuneration paid to persons employed by Seller on work in connection with this Order.

14. TERMS OF PAYMENT Payment against invoice shall normally be made as follows:

90% against despatch documents through bank specified in the Order and balance 10% within 30 days of receipt of materials at Site subject to Seller furnishing a Bank Guarantee. The Bank Guarantee shall be from a Scheduled/Nationalised bank as per the Performa enclosed for an amount of 10% of the order value as security for the due performance of all the Seller’s liability in terms of and/or in connection with the Order. This security will be released after the expiry of the period of performance guarantee. Delay in receiving invoices in the number of copies specified, or errors and omissions or failure or delay in providing the documents and/or certificates required in the order, or failure to comply with the provisions of Owner’s invoicing instructions shall be considered just cause for withholding payment without loss of discount privilege, and any demurrage or wharfage resulting thereby shall be negotiated and borne by seller. Seller’s invoices and documents shall be strictly in the manner specified in the Order and all banks charges, if any, shall be to the Seller’s account. Any costs, damages or expenses for which the Seller is liable under this Order may be deducted from amount due or becoming due to the Seller or may be recovered by action at law or arbitration pursuant to Article-25.

15. PRICE REDUCTION SCHEDULE(PRS) FOR DELAYED DELIVERY Unless as otherwise specified delays in completion of the Order shall be subject to PRS as under:




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Should the Seller fail to complete the Order on or before the completion date specified in the Order or any extension granted thereof in writing by Owner, Owner shall have the right to recover from the Seller ½% (half percent) of the Order Price of Goods or materials not supplied and/or unfinished, per week of delay or part thereof, subject to a maximum of 5% (five percent) of the total order price. For Packages involving supply and erection, the price reduction per week shall be on the total order value and not on undelivered order value. Payment of PRS shall not relieve the Seller of its delivery obligations under the Order.

16. STATUTORY REQUIREMENT Seller warrants that all goods and materials covered by this Order have been produced, supplied, sold, despatched, delivered and furnished in strict compliance with all applicable laws, regulations, labour agreements, working conditions and technical codes and requirements as applicable from Time to time. Seller shall execute and deliver such documents as may be required to effect or to evidence such compliance. All laws and regulations required to be incorporated in agreements of this character are hereby deemed to be incorporated by this reference. The Seller shall furnish the Industrial License Number or pertinent details to show whether it has a valid license to manufacture the subject machinery, equipment and materials ordered on it under Industries (Development & Regulations) Act 1951 or whether it is an aurthorised representative of a licensed manufacturer who has a valid license. Owner disowns any responsibility for any irregularity or contravention of any of the statutory regulations in the manufacture or supply of goods covered by this Order. The Seller shall ensure compliance with the above by all its sub vendors/suppliers and shall indemnify Owner against any actions, damages, costs and expenses of any failure to comply as aforesaid.

17. TRANSIT RISK INSURANCE

Transit Risk Insurance from Despatch point onward shall be covered by the Owner against its open General Policy. The seller shall advise the despatch particulars to owner by Fax/Telex/Telegram as stipulated in relevant Packing & Marking Conditions.

18. PACKING, CRATING AND CARTAGE The cost of all special packing, boxing, crating or cartage is included in the prices specified in the Order unless otherwise specifically agreed to in this Order. All packing, boxing, crating and cartage shall conform to the specifications or requirements detailed in respective attachments to the Order. The Seller shall be held liable for damage or breakage to the goods due to defective or insufficient packing for protection.

19. NON-CONFORMANCE

Owner reserves the right to claim damages for use of defective or sub-standard goods supplied by the Seller irrespective of the fact whether goods were inspected by Owner or not.

20. NON-ASSIGNMENT The Seller shall act as an independent agency and not as an agent or employee of Owner and the Seller shall not assign or sub-contract this Order, or any part thereof, or any money to become due hereunder, without the prior written consent of Owner. Any such permitted assignment or sub-contracting shall not relieve the Seller of any of its obligations against this Order.

21. NON-WAIVER Failure of Owner to insist upon strict performance of any of the terms and conditions incorporated in this Order, failure to/delayed exercise of any rights detailed herein or failure to properly notify the Seller in the event of breach of any obligations contained herein, shall




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not constitute a waiver of any obligation contained herein. Any waiver, to be effective, must be in writing.

22. SECRECY AND TECHNICAL INFORMATION All information, design or drawings provided by Owner shall be the property of Owner and the Seller shall not use them for purposes other than for which they are provided for and Seller shall treat all these documents/information as confidential, and these shall not be reproduced in whole or in part for any other purpose.The Seller shall treat as confidential all information (whether written or otherwise) supplied by Owner hereunder and shall use its best endeavors to ensure that such information is not divulged to any third party except where necessary for the purpose of performance of this Order by the Seller, of course, with the consent of Owner. In such cases, seller shall ensure that parties in question undertake a similar obligation of confidence. This obligation does not apply to information, which, at the time of disclosure, is in the public domain or is in the Seller’s Lawful Possession without restriction on disclosure. The Seller shall be required to sign a secrecy agreement for certain propriety items of equipment which will be specified by Owner.

23. MATERIALS FURNISHED BY OWNER If specifically agreed to in the order Owner shall furnish to the Seller such materials/equipment (hereinafter called Owner’s materials) as agreed, for incorporation into the manufacture, fabrication, testing or processing of the goods or materials. Owner’s materials shall be consigned on ‘freight paid’ basis to the nearest railway point to Seller’s works to which Railways will accept the consignment depending upon the nature of the consignment (whether wagon load/small), Seller shall arrange to promptly collect such materials from the railways and transport to its works at Seller’s own cost. Any town duty, octroi or local taxes levied by the local bodies at the Seller’s end will be to the account of the Seller. Seller shall arrange to properly store and provide adequate security and protection to Owner’s materials. Seller shall be solely responsible for the safe keeping of such materials and shall indemnify Owner against any loss or damage to, misuse or misappropriation whatsoever of Owner’s material while in the possession of the Seller or its sub-suppliers. The Seller shall arrange to provide at his own cost and expenses the necessary insurance cover against all risks for Owner’s materials. Seller shall, if required by Owner, furnish a Bank Guarantee equal to the total value of free issue materials and such guarantees shall remain valid till the material accounting towards satisfactory utilization and return of surplus free issue materials are completed. The Seller shall maintain systematic records of receipt and issue of Owner’s materials and shall be accountable at all times to Owner regarding the utilisation thereof. Seller shall along with his offer submit price for keeping the surplus and scrap materials, separately on per tonne basis. For purpose of this article, scrap and surplus materials have the following definitions: Scrap : C.S.Plates of maximum width below 225 mm and perimeter below 4000 mm or size below 500 x 500 mm and S.S.Plates of maximum width below 150 mm and perimeter below 2400 mm or size below 300 x 300 mm. Surplus material : Plates of size higher than size mentioned above.

24. ORDER OF PRECEDENCE In case of any difference between these conditions of order and special conditions, if any referred to or incorporated in a particular order, the latter shall prevail.

25. ARBITRATION 25.1 If at any time any question, dispute or difference whatsoever shall arise between Owner

and the Seller upon or in relation to or in connection with the Order either party may forthwith give to the other notice in writing on the existence of such question dispute or difference and the same shall be referred to the adjudication of two arbitrators, one to be nominated by Owner and the other to be nominated by the Seller or in the case of the said




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arbitrators not agreeing then to the adjudication of an Umpire to be appointed by the Arbitrators in writing before proceeding with the reference. The award of the arbitrators or in the event of their not agreeing that of the Umpire appointed by them, shall be final and binding on the parties and the provisions of the Indian Arbitration and conciliation Act, 1996 and the Rules thereunder and any statutory modifications thereof shall be deemed to apply and be incorporated in the Order. The venue of such arbitration shall be in Chennai.

25.2 Upon every or any such reference, the costs of and incidental to the reference and answer respectively shall be in the discretion of the arbitrators or of the Umpire as the case may be who may determine the amount thereof, or direct the same to be taxed as between solicitor and client, or as between party and party, and shall direct by whom and in what manner the same shall be borne and paid. Work under the order shall be continued by the Seller during the Arbitration proceedings, unless otherwise directed in writing by Owner or unless the matter is such that the works cannot possibly be continued until the decision of the arbitrators or the Umpire, as the case may be, is obtained and save as those which are otherwise expressly provided in the order, no payment due or payable by Owner shall be withheld on account of such arbitration proceedings unless it is the subject matter thereof.

26. GOVERNING LAW AND JURISDICTION The respective rights, privileges, duties and obligations of the Owner and seller under this order shall be governed and determined by the laws of State of Tamil Nadu and the Republic of India, in Chennai.

27. TRANSFER OF PROPERTY

In the absence of any provision to the contrary, transfer of property in the goods shall be deemed to have taken place as follows:

(i) F.O.R. DESPATCH POINT AND DESTINATION GOODS On handing over the goods to the carrier against a receipt and such receipt having been received by Owner.

(ii) GOODS COMMISSIONED BY SELLER On taking over by Owner for regular operation after test runs at maximum capacity for the specified period are satisfactorily performed.

(iii) GOODS ERECTED BY SELLER

On temporary acceptance by Owner at Job Site. Transfer of property in the goods shall be without prejudice to any guarantee or liability of the Seller as to the quality, suitability or performance of the Goods.

28. PUBLICITY & ADVERTISING Seller shall not without the written permission of Owner refer to Owner or any Company affiliated with Owner or to the destination or the description of the goods or services supplied to this order in any publication, Publicity or advertising media.

29. VENDOR DATA REQUIREMENT

The submission by the Seller to Owner of drawings and data documentation is an integral part of the Order. The number of copies (reproducible and prints) and time limits for submitting these documents by the Seller are specified in the order. These requirements must be respected failing which the order will not be deemed to have been duly executed for all purposes.




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30. GENERAL 30.1 Except to the extent explicitly state, Seller shall in no event be liable to Owner for

consequential or special damages in connection with the material furnished hereunder. Further, in consideration of the issuance of this Order, Seller hereby waives and releases any and all claims against Owner arising out of or in any way connected to with any action or claim made or brought against seller by owner in connection with the materials furnished hereunder.

30.2 Materials delivered in error, or in excess of the quantity called for may, at Owner’s option be returned at Seller’s expenses.

PACKING, MARKING SHIPPING AND DOCUMENTATION SPECIFICATIONS 1. GENERAL

This specification forms an integral part of the purchase order in additions to specification, drawings and instructions explicitly listed in the Purchase Order. These shall be strictly adhered to. Any loss arising out of non-compliance (unless authorised differently) shall be to Seller’s account.

2. PACKING 2.1 Packing shall withstand hazards normally encountered with the means of transport for the

goods of this Purchase Order including loading/unloading operations both by crane and by pushing off. All packaging shall be done in such a manner as to reduce volume as much as possible. All packing materials shall be new and unless otherwise specified, shall be of the packer’s standard.

2.2 Fragile articles should be adequately packed with special packing materials depending on type of materials.

2.3 Chemicals in powder form, catalysts, refractories and like materials etc. shall be packed in drums.

2.4 The hazardous materials shall be packed in accordance with the applicable rules, regulations and tariff of all cognizant governmental authorities and other governing bodies. It shall be the responsibility of the seller of hazardous materials to designate the materials as hazardous and to identify each material by its proper commodity name and its hazardous material class code.

2.5 Pipes shall be packed as under: a) Below 50 mm dia in wooden cases/crates. b) 50 mm dia and above but below 100 mm dia in bundles. c) 100 mm dia and above-loose. Individual cases/bundles must contain the pipes of same size.

2.6 Pipes/tubes made of stainless steel, copper etc. shall be packed in wooden case irrespective of sizes.

2.7 All delicate surface on equipment/material should be carefully protected and painted with protective paint/compound and wrapped to prevent rusting and damage.

2.8 All mechanical and electrical equipment and other heavy articles should be securely fastened to the bottom of the case and shall be blocked and braced to prevent movement and damage.

2.9 All threaded and pipes should be greased and provided with plastic caps. 2.10 Attachments and spare parts of equipments and all small pieces shall be packed separately

in wooden cases with adequate protection inside the case and wherever possible should be sent along with the main equipment. Each item shall be tagged so as to identify it with the main equipment and part number and reference number shall be indicated.




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2.11 All protrusions shall be suitably protected and openings shall be blocked by wooden/steel

covers as may be required. 2.12 Wherever required equipment/materials shall be packed in polythene bags and silica gel or

similar dehydrating compound shall be put inside the bags to protect them. 2.13 The Seller 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 to insufficient protection. 2.14 Detailed packing list in water proof envelope shall be inserted in each package together

with equipment/material. One copy of “Detailed packing list” shall be fastened outside of the package in waterproof envelope and covered by metal cover. In case of bigger dia pipes and large equipment, documents contained in the envelope shall be fastened inside with an identifying arrow sign ‘documents’ applied with indelible paint.

2.15 Packaged equipment or materials showing damage, defects or shortages resulting from improper packaging materials or packing procedures or having concealed damages or shortages at the time of unpacking shall be subject to rejection and replacement at no additional cost to the buyer.

3. MARKING 3.1 Each package shall be marked on the three sides, with proper paint/indelible waterproof ink

as follows: VIA-Chennai (INDIA) PURCHASE ORDER NO………….………NET WT………….…….KGS………………..…. GR.WT……………………………..KGS……………….……….…. DIMENSIONS…………………………….X……………………………..X………………..CMS PACKAGE NO.(Sl. No. Of total packages) viz. 1/25, 2/24 etc. TAG/ITEM NO…………………………. COUNTRY OF ORIGIN …………………………….. SELLER NAME ……………………………………….

3.2 A distinctive colour splash in three stripes of green, yellow and red around each package and on corners of pipes and plates shall be given to facilitate identification.

3.3 Additional Marking such as “Handle with Care”, “This side up”, “Fragile” or any other additional indications for protection and safe handling shall be added depending on the type of materials. All cases will bear warning signs on the outside Center of Gravity and Sling Marks.

3.4 Letters, Figures, marks etc. used for marking shall be stencil printed. Handwriting should be avoided as far as possible. Size of letters shall be optimum for each package dimensions.

3.5 In case of Bundles or other packages wherever marking cannot be stenciled the same shall be embossed on metal or similar tag wired securely at minimum to convenient points.

4.0 SHIPPING

All shipping must be arranged under deck unless carriage on-deck is unavoidable, in first class direct vessels registered in countries who are members of International Development Association (World Bank). CPCL have engaged M/s. Balmer Lawrie & Co. Ltd (A Govt. of India Undertaking), India as their sea cargo consolidation agent. M/s.Balmer Lawrie have freight forwarders located in various countries in the world. Shipping arrangements on behalf of CPCL will be made by Seller through these freight forwarders. The addresses, contact person, phone no., fax no. details of the concerned freight forwarders will be furnished to the successful bidders in the Purchase Order for finalizing the shipping arrangements. Adequate notice of not less than 6 weeks about the readiness of the cargo for shipment should be given by the Seller to the authorized freight forwarder.




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4.2 DESPATCH BY RAIL : (INDIAN VENDORS) 4.2.1 Unless otherwise specified in the purchase order, vendor SHOULD NOT despatch the

materials by Rail. 4.2.2 The Vendor shall the responsible for: A) Despatch by the shortest possible route. The Vendor shall as far as possible despatch the

materials by the fastest goods train like OTS, Super Express Goods, wherever such facilities exist.

B) Correct classification of goods and freight charges. C) Obtaining clean Railway Receipts without any qualifying remarks.

Should there be any restriction for movement by a particular route, the Railway authorities should be requested to move the goods by the next alternative route, subject to prior concurrence by CPCL.

4.2.3 As Smalls : When the materials that are ready do not make up a wagon load by weight/volume for minimum freight payable for a wagon load, despatch should be effected as “Smalls”. Vendors should obtain from the Railways, the particulars of Road Van junction, Store Van etc. in which the smalls have been loaded, station to which sealed, Train No and date/time of movement and transmit same to Manager(MM), CPCL-Cauvery Basin Refinery, Panangudi, Nagapattinam-611 002 for monitoring their movement.

4.2.4 As Wagon Loads : Consignments though of lesser weight, but otherwise constituting a ‘wagon load‘ by volume should be despatched as “wagaon load” or at the smalls rate whichever is advantageous as per rule 164 or IRCA goods Tariff Part 1. When consignments call for wagon(s), indents should be placed with Railway Station concerned after pre-determining accurately the type and number of wagons required. In case of covered wagons, it should be ensured that the same are water tight. If a particular type of wagon is in short supply, request should be made to the Railway Authorities to supply the next suitable type of wagon. Suitable packing in the wagon shall be done, wherever necessary to ensure maximum safety of the material in transit. When ODC packages are involved, the vendor shall apply to the railway authorities with loading sketches showing overall dimensions and the wagon proposed to be utilized sufficiently in advance, for obtaining movement sanction and to establish firm transportability. Copies of all such correspondence together with loading sketches should be sent to Manager (MM), CPCL-Cauvery Basin Refinery, Panangudi, Nagapattinam-611 002 ODC packages shall be loaded, packed and lashed strictly in accordance with the Railway regulations. Should there by any delay/difficulty in obtaining the required wagon(s) the vendor shall inform Manager (MM), CPCL-Cauvery Basin Refinery, Panangudi, Nagapattinam-611 002 immediately giving details of the required number of wagons, type, carrying capacity etc, and indent number so that the matter may be taken up with Railway Authorities concerned. After despatch, Vendor shall obtain form the Railway Authorities, particulars of the wagon, train number, date of movement and destination junction for the particular train and furnish the same to the Manager (MM), CPCL-Cauvery Basin Refinery, Panangudi, Nagapattinam-611 002 for follow-up action on movement as may be necessary.




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4.3 DESPATCH BY TRUCKS : (INDIAN VENDORS) A) The vendor shall be responsible for despatch of materials through a reliable Bank approved

transport company unless otherwise transport company is named by Owner. The vendor shall ensure with transport company the delivery of materials within a reasonable transit period. Vendor shall also obtain from transporter, particulars of Lorry No., Transporter’s Challan No., Destination of lorry (if transshipment is involved), transporter’s Agent at destination if any etc. and intimate same to the Manager (MM), CPCL-Cauvery Basin Refinery, Panangudi, Nagapattinam-611 002

5.1 DOCUMENTATION 5.2 All documents shall be in English language. 5.3 Documents required before shipment:

75 days (Seventy five) before the contractual delivery date, 6 copies each of Performa packing lists and sketches of over dimensional cargo shall be air mailed to Manager (MM), CPCL-Cauvery Basin Refinery, Panangudi, Nagapattinam-611 002

The over dimension cargo shall mean any package exceeding any of the following limits. Weight 40 MT

Length 13.716 Meters Width 2.997 Meters

Height 2.743 Meters 5.4 Documents required after shipments:

The supplier shall air-mail the shipping documents stated here-in-below as quickly as possible after the shipment has been made so that the same are received at least two weeks prior to the arrival of vessel at destination port/consignment at destination. The supplier shall be fully responsible for any delay and or demurrage that may become payable at destination port/Railway station on account of delay in transmittal of shipping documents. Copy of documents to be sent No. of Copies to Owner, Chennai Bill of Lading/RR/GR 3 Commercial Invoice 3 Detailed Packing List 3 Freight memo (where applicable) 4 Test Certificate 4 Certificate of Origin 4 Certificate of Measurement & Weight 4 Catalogue and/or drawing - Final Payment Certificate 2

Note : In addition to the above, complete set of Original documents are required to be sent to Owner through Bank in terms of Letter of Credit/Purchase Order.




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5.5 Bill of Lading/RR/GR

Bill of Lading/RR/GR shall be clean made in favour of Owner or order of the Bank (and not Order of the shipper)

5.6 Commercial Invoices Commercial Invoices shall, interalia, indicate (i) Import License Number, (ii) Customs contract Registration reference (to be intimated later) and (iii) Country of Origin. Besides the description in the invoice shall be in conformity with the Purchase Order and in case of Chemical/hazardous cargo, flash points is indicated in documents or a separate certificate giving composition and flash point shall be sent.

5.7 Packing List Packing List must show, apart from other peculiars actual contents in each case, net and gross weights and dimensions and the total number of packages. In case of pipes and plates in bundles, number of pipes/plates in each bundle must be indicated.

6.0 SHIPPING ADVICE 6.1 In respect of shipment by sea.

Within 24 hours after shipment, the supplier shall send shipping advice by way of Telex/FAX/Cable to the Manager (MM), CPCL-Cauvery Basin Refinery, Panangudi, Nagapattinam-611 002 giving particulars of the shipment, Vessel’s Name, Port of Shipment, Bill of Lading number and date, contents in brief, Purchase Order number, total F.O.B. and freight values, number of packages and total gross weight.

6.2 In respect of despatch by Rail/Road Immediately after a shipment is made, vendor shall send advance information as to the particulars of materials, value, Purchase Order No./Goods Consignment No. Truck number, name of transport Company and their destination office/associate’s address etc., by way of FAX/telegram or telex to the Manager (MM), CPCL-Cauvery Basin Refinery, Panangudi, Nagapattinam-611 002

7.0 ADDRESS

Chennai Petroleum Corporation Ltd., Cauvery Basin Refinery Panangudi , Near Nagore, Nagapattinam Dist. Tamilnadu– 611 002 Ph: 04365-256742 / 256743 / 256745 Fax 04365-256415

TRANSIT RISK INSURANCE All equipment/materials shall be insured against all marine and transit risk from Port of Shipment to Owner Warehouse by Owner. However, the vendor shall ensure that in effecting shipment clean bills of lading/RR/GR are obtained and the carrier’s responsibility is fully retained on the carrier so that the consignee’s interests are fully safeguarded and are in no way jeopardised.




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PROFORMA OF BANK GUARANTEE FOR EMD To M/s.Chennai Petroleum Corporation Limited Cauvery Basin Refinery, Panangudi, Near Nagore, Nagapattinam Dist.-611 002, Tamilnadu Dear Sirs, Messrs______________________________________________________________are giving tender for the work of ______________________________________________ for the Chennai Petroleum Corporation Limited, Cauvery Basin Refinery, Nagapattinam-611 002. The General Tender Notice provides that the tenderer shall along with his tender pay a sum of Rs______ (Rupees _______________________________________________) as Earnest Money Deposit, in the form therein mentioned. The form of payment of earnest money deposit includes guarantee executed by a scheduled bank, undertaking full responsibility to indemnify Chennai Petroleum Corporation Limited in case of default. The said ________________ has approached us and at their request and in consideration of the promises, we ____________________ having our office at ___________________ have agreed to give such guarantee as hereinafter mentioned. 1. We ______________ hereby agree with you that if default shall be made by Messrs

________________ in observing or performing any of the terms and conditions of the tender, given by them or in payment of any money payable to you under the terms of the tender, we shall, on demand, pay to you in such manner as you may direct, the said amount of Rupees ___________ only or such portion thereof not exceeding the said sum as you may from time to time require.

2. You will have the full liberty without reference to us and without affecting this guarantee,

to postpone for any time or from time to time the exercise of any of the powers and rights conferred on you under the tender given by the said __________ and to enforce or to forbear from enforcing any powers or rights or by reason of time being given to the said ___________ which under law relating to the sureties would but for the provision have the effect of relating us.

3. Your right to recover the said sum of Rs_______ (Rupees ________________) from us

in manner aforesaid will not be affected or suspended by reason of fact that any dispute or disputes have been raised by the said Messrs __________________ and/or that any dispute or disputes are pending before any Officer, Tribunal or Court.

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

winding up, dissolution or change of constitution or insolvency of the said _____________ but shall in all respects and for all purposes be binding and operative until payment of all moneys, due to you in respect of such liability or liabilities is made.




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5. Notwithstanding anything contained herein:

a) Our liability under this bank guarantee shall not exceed Rs._______ (Rupees __________________________)

b) This guarantee shall be valid upto ________________ and c) We are liable to pay the guaranteed amount or any part thereof under this bank

guarantee only and only if you serve upon us a written claim or demand on or before ________________

6. We have power to issue this guarantee in your favour under our Memorandum and

Articles of Association and the undersigned has full power to do the Power of Attorney dated _____________ granted to him by the Bank.

Dated at ___________ _______ day of ______ _______

Yours faithfully, ______________ Bank, by its Constituted Attorney

Signature of a person duly authorised To sign on behalf of the bank




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PERFORMANCE BANK GUARANTEE (On non-judicial paper of appropriate value- To be confirmed Through Bankers in India) This Guarantee made this………… day of ……20….…BETWEEN…………. BANK LIMITED, a Company incorporated in .….…..… and having its branch Office at ………and having its Head Office at …………which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors of the one part and Chennai Petroleum Corporation Limited, a Company incorporated in India, and having its Registered Office at “552 Anna Salai, Teynampet, Chennai-600018 (hereinafter caller ‘the Owner’ which expression shall include the successors and assigns) of the other part. WHEREAS THE Owner has placed a Contract with ………(hereinafter called “the Contractor”) for the supply/supply-cum-erection of ……….(hereinafter called “the work) at the total cost of Rs…………………….. (Rupees…………………) AND WHEREAS it is one of the terms of the said Contract that the Contractor shall furnish to the Owner a Guarantee of a bank which shall be for 10% of the value of the contract and shall be valid for the duration of supply of the work covered by the said Contract and period of defects/liability in respect of the said work. AND WHEREAS the Bank, at the request of the contractor, agreed to give in favour of the owner a Guarantee in manner hereinafter appearing, which the owner has agreed to accept. NOW THIS DEED WITNESSTH AS follows: 1. In pursuance of the said agreement and in consideration of promises, the bank hereby

guarantees to the Owner due observance and fulfillment by the contractor of the terms of the said Contract relating to the said work and of the performance warranty which is a part of the said Contract and agrees and undertakes that, if the Contractor fails to observe and fulfil the said Contract and/or the performance warranty, then the bank shall immediately pay to the Owner on demand such sum or sums of money to the extent of ………. being 10% of the value of the said Contract on account of losses and damages suffered by the Owner as may be claimed by the Owner by reason of such non-observance and non-fulfillment by the Contractor as aforesaid and shall also Indemnify the Owner against all losses and damages which may be suffered by the Owner as aforesaid and against all costs, charges, expenses which may be incurred by the Owner in connection herewith. The Bank shall pay the said amount without demur or protest or without recourse to the Contractor. Any such demand placed on the Bank shall be conclusive as regards the amount due and payable by the Bank under this Guarantee.

2. This guarantee is a continuing guarantee and not revocable except with the previous

written consent of the Owner and same as aforesaid it will continue in force until the Contractor has maintained the schedule of delivery of the said work under the said Contract and observed and fulfilled the said performance warranty and all other terms and conditions of the said Contract.




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3. The Owner may, without affecting Bank’s liabilities and obligations hereunder, grant time or other indulgence to or compound with the Contractor or enter into any agreement or agree to forbear to enforce any of the terms and conditions of the said contract against the Contractor or agree to vary any of the terms and conditions of the said Contract.

4. This guarantee shall not be affected by any change in the constitution of the owner by

absorption with any other Body or Corporation or otherwise and this Guarantee will be available to or enforceable by such Body or Corporation.

5. All compositions and payments received by the Owner from or on behalf of the

Contractor shall be regarded as payments in gross and in the event of the Contractor being wound-up, the owner will be entitled to prove against the properties of the Contractor in respect of the whole of the Contractor’s. Indebtedness to the Owner, without any right on the part of the Bank to stand in the Owner’s place in respect of or to claim the benefits of such composition and payment of any security held by the owner until the Owner shall be received the full amount of the claims against the Contractor.

6. In order to give effect to this Guarantee the owner will be entitled to act as if the Bank

were the Principal debtor and the bank hereby waives all and any of its rights of surety ship.

7. This Guarantee shall continue to be in force notwithstanding the discharge of the

Contractor by operation of law and shall cease only on payment of the full amount by the bank to the Owner of the amount hereby secured and on the claim of the owner against the Contractor in respect of the said Contract being satisfied.

8. This Guarantee shall be in addition to and not in substitution for any other Guarantee or

security for the contractor gave or to be given to the Owner in respect of the said contract by the bank (whether alone or jointly with others).

9. This Guarantee will be valid up to a period of ________ months from the date of

contract / commissioning / date of dispatch of materials. 10. Unless demand or claim under this guarantee is made within six months from the date

of expiry of this Guarantee, all the right of the Owner hereunder shall be forfeited and the Bank shall be relieved and discharged of all liabilities hereunder.

11. Any notice by way of request, demand or otherwise hereunder may be sent by Post to

the Bank addressed as aforesaid and if sent by post, it shall be deemed to have been given at the time when it would be delivered in due course of Post and in proving such notice, when given by post, it shall be sufficient to prove that the envelope containing the notice was posted and Certificate signed by an Officer of the Owner that the envelope was so posted shall be conclusive.

12. These present shall be governed by and construed in accordance with Indian Law.




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13. The bank hereby declares that it has the power to issue this Guarantee and under

signed has full power to do so.

“IN WITNESS WHEREOF THE BANK HAS EXECUTED THESE PRESENT THE DAY AND YEAR FIRST ABOVE WRITTEN”SIGNED AND DELIVERED ON BEHALF OF THE ABOVE NAMED………………………………………………………….

Signature

Name and Designation Name of the Bank




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LOADING CRITERIA

1.1 Payment Terms:

In the case vendor takes deviation to our payment terms specified in the “Instructions To Suppliers” then loading shall be done for interest at Lending Rate of State Bank of India plus 1%.

1.2 Performance Bank Guarantee (PBG): Performance guarantee (PBG) is required in all cases of supplies. In case a vendor offers to give a PBG less than 10% or for a lesser period than what is provided in GPC, loading shall be done to the differential amount or the differential period. For differential period loading the following example will amplify the methodology: 12% for 24 months - No loading 12% for 18 months - 10%x 6/24 = 3% 12% for 12 months - 10%x 12/24 = 6% 12% for 6 months - 10%x 18/24 = 9%

In case vendor does not accept to furnish PBG then their offer shall be liable for rejection 1.3 Delayed Deliveries: In case Vendors do not accept the delayed delivery clause or take exception to the % rate mentioned in Instruction to Suppliers, loading shall be done to the extent of maximum of 5% of the order value or the differential percentage not agreed by the vendor.

In case vendor takes an exception that price reduction for delayed delivery should be restricted to 5% of delayed portion only and not on total order value then price loading @ 2.5% done accordingly.

In case vendor insists for liquidated damages or indicates penalty clause in place of Price Reduction Clause, the vendor shall be loaded by 5% of total order value. Vendors to clearly note that no grace period will be permissible for application of this clause, in the event of delay.

1.4 Arithmetic Discrepancies in Priced Offer: Vendors to note that in case of arithmetic (addition/multiplication/price summary/Duty and Tax calculation etc.) discrepancies in vendor offer, the higher figures will be considered for comparison and lower figures will be considered for ordering.

* * * * *




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Declaration by Chennai Petroleum Corporation Limited towards Integrity Pact Ref: Dated: To ------------------------------------------------- ------------------------------------------------- Sub: Tender No. ______________ for _________________________ Dear Sir Declaration by Chennai Petroleum Corporation Limited Chennai Petroleum Corporation Limited (CPCL) hereby declares that CPCL has signed a Memorandum of Undertaking (MoU) dated March 24, 2009 with Transparency International India for the adoption of the Integrity Pact Program and stands committed to following the principles of transparency, equity and competitiveness in public procurement. The said MoU can be accessed at the CPCL website, i.e., http://www.cpcl.co.in/integrity-pact/MoU.pdf The subject Notice Inviting Tender (NIT) is an invitation to offer made on the condition that the Bidder will sign the Integrity Agreement, which is an integral part of tender documents, failing which the tenderer/bidder will stand disqualified from the tendering process and the bid of the bidder would be summarily rejected. The Covering Letter and IP agreement formats which shall be signed by the bidders & submitted in the Mandatory Part are kept in Part-A (Technical Bid). This Declaration shall form part and parcel of the Integrity Agreement and signing of the same shall be deemed as acceptance and signing of the Integrity Agreement on behalf of the Corporation / Company. Yours faithfully, for and on behalf of CPCL




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Covering Letter required to be signed and submitted by the tenderer in their letter head Ref: Dated: To M/s.Chennai Petroleum Corporation Limited ------------------------------------------------ ------------------------------------------------ Sub: Submission of Offer for Tender No. ______________ for _____________ Dear Sir The Bidder acknowledges that Chennai Petroleum Corporation Limited (CPCL) has signed the MOU with Transparency International India for the adoption of the Integrity Pact Program and stands committed to following the principles thereof as enumerated in the Integrity Agreement enclosed with the tender document. The Bidder agrees that the Notice Inviting Tender (NIT) is an invitation to offer made on the condition that the Bidder will sign the enclosed Integrity Agreement, which is an integral part of tender documents, failing which the tenderer will stand disqualified from the tendering process. The Bidder acknowledges that the Bid would be kept open in its original form without variation or modification for a period of ________ days (state the number of days from the last date for the receipt of tenders stated in the NIT) AND THE MAKING OF THE BID SHALL BE REGARDED AS AN UNCONDITIONAL AND ABSOLUTE ACCEPTANCE of this condition of the NIT. Bidder confirms acceptance and compliance with the Integrity Agreement in letter and spirit and further agrees that execution of the said Integrity Agreement shall be separate and distinct from the main contract, which will come into existence when bid is finally accepted by CPCL. The Bidder acknowledges and accepts the duration of the Integrity Agreement, which shall be in line with Article 8 of the enclosed Integrity Agreement. Bidder acknowledges that in the event of Bidder’s failure to sign and accept the Integrity Agreement, while submitting the Bid, CPCL shall have unqualified, absolute and unfettered right to disqualify the tenderer and reject the Bid in accordance with the terms and conditions of the tender. Yours faithfully, (Duly authorized Signatory of the Bidder) (Note - One copy of this letter along with the Integrity Agreement duly signed must be returned along with Part A of offer)




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INTEGRITY PACT BETWEEN Chennai Petroleum Corporation Limited (CPCL) hereinafter referred to as “The Principal”, AND ……………………………………….. hereinafter referred to as “The Bidder / Contractor”. Preamble The Principal intends to award, under laid down organizational procedures, contract/s for

………………………… . The Principal values full compliance with all relevant laws and

regulations, and the principles of economic use of resources, and of fairness and transparency

in its relations with its Bidder/s and Contractor/s.

In order to achieve these goals, the Principal will appoint an external independent Monitor who

will monitor the tender process and the execution of the contract for compliance with the

principles mentioned above.

Section 1 – Commitments of the Principal

1) The Principal commits itself to take all measures necessary to prevent corruption and to

observe the following principles: -

1. No employee of the Principal, personally or through family members, will in

connection with the tender for, or the execution of a contract, demand, take a

promise for or accept, for him/herself or third person, any material or immaterial

benefit which he/she is not legally entitled to.




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2. The Principal will, during the tender process treat all Bidders with equity and

reason. The Principal will in particular, before and during the tender process,

provide to all Bidders the same information and will not provide to any Bidder

confidential / additional information through which the Bidder could obtain an

advantage in relation to the tender process or the contract execution.

3. The Principal will exclude from the process all known prejudiced persons.

2) If the Principal obtains information on the conduct of any of its employees which is a

criminal offence under the IPC / PC Act, or if there be a substantive suspicion in this regard,

the Principal will inform its Chief Vigilance Officer and in addition can initiate disciplinary

actions.

Section 2 – Commitments of the Bidder / Contractor

(1) The Bidder / Contractor commits itself to take all measures necessary to prevent corruption.

He commits himself to observe the following principles during his participation in the tender

process and during the contract execution.

1. The Bidder / Contractor will not, directly or through any other person or firm,

offer, promise or give to any of the Principal’s employees involved in the tender

process or the execution of the contract or to any third person any material or

immaterial benefit which he / she is not legally entitled to, in order to obtain in

exchange any advantage of any kind whatsoever during the tender process or

during the execution of the contract.

2. The Bidder / Contractor will not enter with other Bidders into any undisclosed agreement

or understanding, whether formal or informal. This applies in particular to prices,

specifications, certifications, subsidiary contracts, submission or non-submission of bids

or any other actions to restrict competitiveness or to introduce cartelisation in the

bidding process.




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3. The Bidder / Contractor will not commit any offence under the IPC / PC Act;

further the Bidder / Contractor will not use improperly, for purposes of

competition or personal gain, or pass on to others, any information or document

provided by the Principal as part of the business relationship, regarding plans,

technical proposals and business details, including information contained or

transmitted electronically.

4. The Bidder / Contractor will, when presenting his bid, disclose any and all

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

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

The Bidder / Contractor will not instigate third persons to commit offences outlined above or be

an accessory to such offences.

Section 3 – Disqualification from tender process and exclusion

from future contracts

If the Bidder, before award of contract has committed a transgression through a

violation of Section 2 or in any other form such as to put his reliability or credibility as

Bidder into question, the Principal is entitled to disqualify the Bidder from the tender

process or to terminate the contract, if already signed, for such reason.

(1) If the Bidder / Contractor has committed a transgression through a violation of Section 2

such as to put his reliability or credibility into question, the Principal is entitled also to

exclude the Bidder / Contractor from future contract award processes. The imposition and

duration of the exclusion will be determined by the severity of the transgression. The

severity will be determined by the circumstances of the case, in particular the number of

transgressions, the position of the transgressors within the company hierarchy of the Bidder

and the amount of the damage. The exclusion will be imposed for a minimum of 6 months

and maximum of 3 years.




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(2) The Bidder accepts and undertakes to respect and uphold the Principal’s absolute right

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

challenge or question such exclusion on any ground, including the lack of any hearing

before the decision to resort to such exclusion is taken. This undertaking is given

freely and after obtaining independent legal advice.

(3) If the Bidder / Contractor can prove that he has restored / recouped the damage

caused by him and has installed a suitable corruption prevention system, the Principal

may revoke the exclusion prematurely.

(4) A transgression is considered to have occurred if in light of available evidence no

reasonable doubt is possible.

Section 4 – Compensation for Damages

(1) If the Principal has disqualified the Bidder from the tender process prior to the

award according to Section 3, the Principal is entitled to demand and recover

from the Bidder liquidated damages equivalent to 3% of the value of the offer or

the amount equivalent to Earnest Money Deposit / Bid Security, whichever is

higher.

(2) If the Principal has terminated the contract according to Section 3, or if the

Principal is entitled to terminate the contract according to Section 3, the Principal

shall be entitled to demand and recover from the Contractor liquidated damages

equivalent to 5% of the contract value or the amount equivalent to Security

Deposit / Performance Bank Guarantee, whichever is higher.

(3) The bidder agrees and undertakes to pay the said amounts without protest or

demur subject only to condition that if the Bidder / Contractor can prove and

establish that the exclusion of the Bidder from the tender process or the

termination of the contract after the contract award has caused no damage or less

damage than the amount of the liquidated damages, the Bidder / Contractor shall

compensate the Principal only to the extent of the damage in the amount proved.




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Section 5 – Previous Transgression

(1) The Bidder declares that no previous transgressions occurred in the last 3 years

with any other Company in any country conforming to or with any other Public

Section Enterprise in India that could justify his exclusion from the tender

process.

(2) If the Bidder makes incorrect statement on this subject, he can be disqualified

from the tender process or the contract, if already awarded, can be terminated for

such reason.

Section 6 – Equal treatment of all Bidders / Contractors / Sub-Contractors

(1) The Bidder / Contractor undertakes to demand from all sub-contractors a

commitment in conformity with this Integrity Pact, and to submit it to the Principal

before contract signing.

(2) The Principal will enter into agreements with identical conditions as this one with all

Bidders, Contractors and Sub-Contractors.

(3) The Principal will disqualify from the tender process all bidders who do not sign

this pact or violate its provisions.

Section 7 – Criminal charges against violating Bidders /

Contractors / Sub-Contractors

If the Principal obtains knowledge of conduct of a Bidder, Contractor or Sub-Contractor or of an

employee or a representative or an associate of a Bidder, Contractor or Sub-Contractor, which

constitutes corruption, or if the Principal has substantive suspicion in this regard, the Principal

will inform the Chief Vigilance Officer.

Section 8 – External Independent Monitor / Monitors

(number depending on the size of the contract to be decided by the Chairperson of the

Principal)

(1) The Principal appoints competent and credible external independent Monitor for

this Pact. The task of the Monitor is to review independently and objectively,




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whether and to what extent the parties comply with the obligations under this

agreement.

(2) The Monitor is not subject to instructions by the representatives of the parties

and performs his functions neutrally and independently.

(3) The Contractor accepts that the Monitor has the right to access without restriction to

all Project documentation of the Principal including that provided by the Contractor.

The Contractor will also grant the Monitor, upon his request and demonstration of a

valid interest, unrestricted and unconditional access to his project documentation.

The same is applicable to Sub-contractors. The Monitor is under contractual

obligation to treat the information and documents

the Bidder / Contractor / Sub-contractor with confidentiality.

(4) The Principal will provide to the Monitor sufficient information about all meetings

among the parties related to the Project provided such meetings could have an

impact on the contractual relations between the Principal and the Contractor. The

parties offer to the Monitor the option to participate in such meetings.

(5) As soon as the Monitor notices, or believes to notice, a violation of this

agreement, he will so inform the Management of the Principal and request the

Management to discontinue or to take other relevant action. The Monitor can in

this regard submit non-binding recommendations. Beyond this, the Monitor has

no right to demand from the parties that they act in a specific manner, refrain

from action or tolerate action.

(6) The Monitor will submit a written report to the CEO of the Principal within 8 to 10

weeks from the date of reference or intimation to him by the ‘Principal’ and,

should the occasion arise, submit proposals for correcting problematic

situations.

(7) Monitor shall be entitled to Sitting Fee being extended to Independent Directors

as prevailing with Principal.

(8) If the Monitor has reported to the CEO of the Principal substantiated suspicion of




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an offence under the IPC / PC Act and the CEO has not, within reasonable time,

taken visible action to proceed against such offence or reported to the Chief

Vigilance Officer, the Monitor may also transmit this information directly to the

Central Vigilance Commissioner, Government of India.

(9) The word ‘Monitor’ would include both singular and plural.

Section 9 – Pact Duration

This Pact begins when both parties have legally signed it. It expires for the Contractor 12

months after the last payment under the respective contract, and for all other Bidders 6 months

after the contract has been awarded.

If any claim is made / lodged during this time, the same shall be binding and continue to be

valid despite the lapse of this pact as specified above, unless it is discharged / determined by

the CEO of the Principal.

Section 10 – Other Provisions

(1) This agreement is subject to Indian Law. Place of performance and jurisdiction is

the Registered Office of the Principal, i.e. Chennai.

(2) Changes and supplements as well as termination notice need to be made in

writing. Side agreements have not been made.

(3) If the Contractor is a partnership or a consortium, this agreement must be signed

by all partners or consortium members.

(4) Should one or several provision of this agreement turn out to be invalid, the

remainder of this agreement remains valid. In this case, the parties will strive to

come to an agreement to their original intentions.

--------------------------------- --------------------------------- For the Principal For the Bidder / Contractor (Office Seal) (Office Seal) Place: ____________ Date: ____________

WITNESS 1 (Name and Address) WITNESS 2 (Name and Address)




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REDRESSAL OF GRIEVANCES OF TENDER PARTIES The grievances, if any, of tendering parties shall be lodged with the co-ordinator of the Grievance Redressal Cell of CPCL, with a copy to the Tender Inviting Authority. The names and contact details of the Tender Grievance redressal Committee members are given below

1. Shri. P. Subramanyam, Chief General Manager(CP) - Convenor Chennai Petroleum Corporation Limited, 536 Anna Salai, Teynampet, Chennai 600 018. Phone No. 044-24342629 Email id: [email protected]

2. Shri B. Panneer Selvam, Chief General Manager (Operations) –Member

Chennai Petroleum Corporation Limited Manali Refinery, Manali Chennai 600 068. Phone No.:044-25943652 Email id: [email protected]

3. Shri. M.S. Raghunathan, Dy.General Manager (Finance) Chennai Petroleum Corporation Limited Manali Refinery, Manali Chennai 600 068. Phone No.:044-25944161 Email id: [email protected]

This Cell will examine the grievances and put up its recommendations to the concerned Functional Director, who will be the Grievance Officer. Grievances regarding the pre-qualification shall be submitted to the Co-ordinator within five working days from the date of publication calling for pre-qualification bid. Grievances regarding the Notice Inviting Tender (Challenging the condition of tender) shall be submitted to the Co-ordinator within three working days from the last date of sale of tender documents. The grievances received later than three working days will not be entertained. Grievances regarding the tender process (other than NIT related grievances) shall be submitted to the Co-ordiantor before the price bid opening. The decision taken by the Grievance Officer will thereafter be communicated to the aggrieved party, in writing, by the Co-ordinator of the Grievance Redressal Cell. In case the Tendering Party is not satisfied with the decision of the Grievance Officer, he will have the right of appeal against the Orders of the Grievance Officer. This Appeal will be considered and disposed of by a Committee of Functional Directors of the Company. The Tendering Party shall file his Appeal before the Co-ordinator of the Grievance Redressal Cell.”




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ACKNOWLEDGEMENT LETTER FAX No. 04365-256415 TO THE DEPUTY GENERAL MANAGER (CBR) CHENNAI PETROLEUM CORPORATION LIMITED CAUVERY BASIN REFINERY, PANANGUDI, NEAR NAGORE, NAGAPATTINAM DIST, TAMILNADU-611 002

Kind Attn : Mr. N.V.N. NANDAGOPALU Deputy General Manager (CBR)

Dear Sirs, Sub: NIT No. Item : --------- We acknowledge receipt / downloaded from CPCL website the above cited tender document and understand that the documents remain the property of Chennai Petroleum Corporation Limited. We will submit our quotation within the due date. Details of Quoting Office : Details of Chennai Office : Postal address : __________________ Postal address :____________ ________________________________ Telephone No _________________ Telephone No. ______________ Fax No. _________________ Fax No. ______________ E-mail _________________ E-mail _______________ Thanking you, Very Truly Yours, Note: Immediately on receipt / downloading of the subject NIT, BIDDER shall

furnish the above Acknowledgement Letter.




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CUT – OUT SLIP PART – I (Tender Document )

DO NOT OPEN – THIS IS A QUOTATION

NIT No. ITEM :

TO THE DEPUTY GENERAL MANAGER (CBR) CHENNAI PETROLEUM CORPORATION LIMITED CAUVERY BASIN REFINERY, PANANGUDI, NEAR NAGORE, NAGAPATTINAM DIST, TAMILNADU-611 002

To be pasted on the envelop containing TENDER DOCUMENT . * * * *

PART – I (EMD / BG)


NIT No. ITEM : TO THE DEPUTY GENERAL MANAGER (CBR) CHENNAI PETROLEUM CORPORATION LIMITED CAUVERY BASIN REFINERY, PANANGUDI, NEAR NAGORE, NAGAPATTINAM DIST, TAMILNADU-611 002

To be pasted on the envelop containing EMD/BG. * * * *

PART – I (PQ DOCUMENTS)


NIT No. ITEM :





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To be pasted on the envelop containing PQ Documents.

PART – II (UNPRICED)


NIT No. ITEM :

TO THE DEPUTY GENERAL MANAGER (CBR) CHENNAI PETROLEUM CORPORATION LIMITED CAUVERY BASIN REFINERY, PANANGUDI, NEAR NAGORE, NAGAPATTINAM DIST, TAMILNADU-611 002 To be pasted on the envelop containing UNPRICED OFFERS.

PART – III (PRICED)


NIT No. ITEM :


To be pasted on the envelop containing PRICED OFFERS.

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