E-TENDER FOR SUPPLY OF 300 LAKHS DELRIN CAPS TO VARIOUS ... · E-TENDER FOR SUPPLY OF 300 LAKHS...

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BHARAT PETROLEUM CORPORATION LIMITED ‘A’ INSTALLATION, SEWREE FORT ROAD, SEWREE (E), MUMBAI - 400 015 E-TENDER FOR SUPPLY OF 300 LAKHS DELRIN CAPS TO VARIOUS LPG PLANTS TENDER No.: CRFQ 1000298110 DATED 16.01.2018 BID FLOATING DATE: 17.01.2018 AT 10:30HRS BID SUBMISSION DUE DATE : 07.02.2018 AT 10:30 HRS PRE-BID MEETING DATE : 23.01.2018 AT 13:30 HRS AT BPCL SEWREE OFFICE

Transcript of E-TENDER FOR SUPPLY OF 300 LAKHS DELRIN CAPS TO VARIOUS ... · E-TENDER FOR SUPPLY OF 300 LAKHS...

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BHARAT PETROLEUM CORPORATION LIMITED ‘A’ INSTALLATION, SEWREE FORT ROAD,

SEWREE (E), MUMBAI - 400 015

E-TENDER FOR SUPPLY OF 300 LAKHS DELRIN CAPS TO VARIOUS LPG PLANTS

TENDER No.: CRFQ 1000298110 DATED 16.01.2018

BID FLOATING DATE: 17.01.2018 AT 10:30HRS BID SUBMISSION DUE DATE : 07.02.2018 AT 10:30 HRS PRE-BID MEETING DATE : 23.01.2018 AT 13:30 HRS AT

BPCL SEWREE OFFICE

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TENDER NO: CRFQ : 1000298110 ANNEXURE II

Instructions to Tenderer

Signature : Seal :

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LPG.HQ.CLEM.19.DELRIN CAP 17.01.2018 M/s. Dear Sir/Madam, SUBJECT: INVITATION OF E-TENDER IN TWO PART BID FOR SUPPLY OF 300 LAKHS DELRIN SAFETY CAPS TO VARIOUS LPG PLANTS (TENDER NO. CRFQ: 1000298110 DUE ON 07.02.2018 AT 10:30 HRS.)

You are invited to submit your offer in two parts bid (Technical bid and Price bid) for supply of 300 lakhs Delrin Safety Caps as per the drawing enclosed in Annexure III for Technical Specification. Please find enclosed the following set of Annexures:

Annexure I - Bid Qualification Criteria (BQC) Annexure II - Instructions to Tenderer Annexure III - Technical Specifications of Delrin Safety Cap Annexure IV - Terms & conditions of agreement Annexure V - Particulars of tenderer Annexure VI - Declaration forms Annexure VII - E-Tender Process for price bid Annexure VIII - Integrity Pact

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

Tender documents complete in all respects should be uploaded online along with details of NSIC / MSME / UAM registration. Kindly ensure to sign the declaration (draft given below) on your letterhead and upload it along with the Technical Bid, as bids are liable to be rejected if such declaration is not uploaded. The tender document is not transferable.

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TENDER NO: CRFQ : 1000298110 ANNEXURE II

Instructions to Tenderer

Signature : Seal :

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

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

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

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

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

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

e) We have legally valid Digital Signature Certificate in the name of ------- and valid

up to dt ------- Signature : Seal :

Integrity Pact -

a. Proforma of Integrity Pact shall be returned by bidder/s along with the bid

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

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

c. If the contract has been terminated according to the provisions of the Integrity Pact, or if BPCL is entitled to terminate the contract according to the provisions of the Integrity pact, BPCL shall be entitled to demand and recover from contractor Price reduction amount by forfeiting the Performance Guarantee amount as per provisions of the Integrity Pact.

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TENDER NO: CRFQ : 1000298110 ANNEXURE II

Instructions to Tenderer

Signature : Seal :

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

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

Independent External Monitor (IEM) are as follows:

Shri. S.S.N. Moorthy Shri. Shantanu Consul

Shri. Vikram Srivastava

ADDRESS ADDRESS ADDRESS

GFQ, Ist Floor, B. Block, Summit Apts. Mettupalayam Road, Coimbatore - 641 043

No.9MCHS (IAS Officers Colony), 16th Main, 5th C Cross, BTM 2nd stage, Bangalore – 560 076

E-202, Second Floor , Greater Kailash Part 2, New Delhi - 110048

[email protected] [email protected] [email protected]

Mob. 09500998610 Mob. 09740069318 Mob. 09810642323

Name & contact no of BPCL Officers: Amit S Gokhale Sumit Roy Sr. Mgr, LPG Equipment Head, LPG Equip & Proc BPCL Sewree Office BPCL Sewree Office Sewree Fort Road, Sewree (E) Sewree Fort Road, Sewree(E) Ph no : 022-24117852 / 24116284 022-24117847 / 24116280 Mob no : 9011183421 Mob no – 9022525114 Email id – [email protected] [email protected] Quotation submitted after the due date and time of closing of tender or not in the prescribed format is liable to be rejected. BPCL does not take any responsibility for EMD / other documents received late due to postal delay or vendor’s inability to upload the tender / price bid online in time, and no claims on this account shall be entertained.

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

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TENDER NO: CRFQ : 1000298110 ANNEXURE II

Instructions to Tenderer

Signature : Seal :

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

the sale and delivery of 300 Lakhs Delrin Safety Caps on the terms and conditions contained herein.

2. The tender is for a period of 12 Months from the date of placement of order and

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

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

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

4. Bidder should not be on Suspension List of Oil Industry for more than 2 months

from date of suspension to due date of this tender. Also bidder should not be on Holiday List / Black Listed by IOCL / BPCL / HPCL and / or MOP&NG.

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

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

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

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

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

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

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

directors to sign. If for any reason, the proprietor or all the partners or director, as the case may be, are unable to sign the document, the said document should be signed by the constituted attorney having full authority to sign the tender document and copy of such authority letter as also the power of attorney, duly signed in the presence of a Notary public should be submitted with the tender.

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TENDER NO: CRFQ : 1000298110 ANNEXURE II

Instructions to Tenderer

Signature : Seal :

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Tenderer’s signature(s) on the documents shall be considered as total acceptance of the terms & conditions and hence “acceptance” need not be mentioned on each paper of the offer.

8. REFERENCE FOR DOCUMENTATION:

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

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

9. LANGUAGE OF BID:

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

10. Vendors are advised to quote 100% quantity for any State taking into consideration their production capacity and prior commitments. Once quoted, it will be considered as quantity offered. If it is found that vendor has not quoted 100% quantity for any state / quoted part quantity, then offer for that state will not be considered. Kindly note that there is no restriction on the maximum quantity that can be allocated to any vendor, and therefore allocations will be made to the qualifying tenderers without any quantity restrictions and supply against such allocations will be binding on the vendors with penalty clauses applicable.

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

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

12. The tenderer should submit the following documents along with his tender:

a) PAN No and Audited Balance sheet and statement of P&L a/c for the

years 2014-15, 2015-16 and 2016-17. b) Certified copy of GST Registration certificate. c) Certified copies of Registration certificate under NSIC / MSEs /UAM (if

applicable). d) Declaration on your letter head of having a legally valid digital signature

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

documents. g) Documents / Invoices / POs along with TPIA certificate as per BQC.

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TENDER NO: CRFQ : 1000298110 ANNEXURE II

Instructions to Tenderer

Signature : Seal :

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

13. Tender documents along with all enclosures shall be uploaded online. 14. Technical bid & Price bids are to be uploaded on the web-site of the service

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

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

conformity with the prescribed terms and conditions or specifications are liable to be rejected and no further correspondence/ enquiries shall be entertained on the issue. No responsibility shall be taken by the Corporation for documents received late due to postal delay / technical issues while submitting tender online and no claims on this account shall be entertained.

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

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

17. Earnest Money Deposit (EMD)

a) The tenderers shall submit an interest-free Earnest Money Deposit of Rs. 2.5 lakhs (Rupees Two lakhs Fifty Thousand only) by crossed account payee Demand Draft drawn on any nationalised/ scheduled bank in favour of “BHARAT PETROLEUM CORPORATION LTD” payable at Mumbai.

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

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

CRFQ number

Item

Closing date/Time

Name of the tenderer

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

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

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

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TENDER NO: CRFQ : 1000298110 ANNEXURE II

Instructions to Tenderer

Signature : Seal :

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c) Cheques, cash, Money Orders, Fixed deposit Receipts, Bank guarantees etc. towards EMD are not acceptable. Similarly, request for adjustment against any previously deposited EMD/Pending Dues/Bills/Security Deposits of other contracts etc. will not be accepted towards EMD.

d) Bid received without the EMD is liable to be rejected.

e) Units registered with National Small Industries Corporation (NSIC) and/or

Micro or Small Enterprises (MSE) / Udyog Aadhaar Memorandum (UAM) are however, exempted from payment of EMD, subject to:

The unit is registered for the item tendered. Registration certificate is valid as on date of quotation.

As the case may be, such tenderers must upload a photocopy of valid NSIC Registration Certificate duly attested by a gazetted officer/self-attested, (photocopy of application for registration as NSIC or for renewal will not be acceptable) and/or a self-attested copy of all the pages of the EM-II certificate issued by any authority mentioned in the Public Procurement policy of MSEs-2012 or self-attested copy of Udyog Aadhaar Memorandum (UAM), failing which such bid will be treated as bid received without EMD and liable to be rejected.

Such tenderers should also upload a declaration on a duly notarized Rs.100 stamp paper stating that, in the event of award of contract, all the ordered supplies shall be made from the unit for which MSE certificate has been submitted.

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

payment of EMD.

g) EMD is liable to be forfeited and tenderers shall be barred for a period of one year from taking part in any tender floated by BPCL in future, in the event of :

i. Withdrawal of offers during the validity period of the offer.

ii. Non-acceptance of LOI/order, if and when placed.

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

iv. Non-payment of Supply and Performance Guarantee amount against LOI / Purchase Order within the stipulated period of 10 days from date of LOI / the Purchase Order whichever is earlier.

h) EMD will be refunded by National Electronic Fund Transfer to all the successful tenderers after they deposit the amount for Supply and Performance Guarantee against LOI/Purchase Orders, as placed. In case of successful vendor wishes to convert the EMD amount to Supply and performance Guarantee amount, the vendor should submit written request for the same.

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TENDER NO: CRFQ : 1000298110 ANNEXURE II

Instructions to Tenderer

Signature : Seal :

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i) EMD will be refunded by National Electronic Fund Transfer to all the unsuccessful tenderers after placement of order on all successful tenderers.

18. First EMD / NSIC, MSME, UAM Certificate will be checked & evaluated. BQC / Technical bid of only those vendors will be opened who have qualified in EMD criteria. Thereafter BQC / Technical bids will be evaluated. Techno-Commercial bid of only those vendors will be opened who have qualified in EMD & BQC / Technical Bid criteria. Then Techno-Commercial bids of all qualified bidders will be evaluated. Price bid of only those vendors will be opened who qualify EMD, BQC / Technical bid & Techno-Commercial bids.

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

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

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

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

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

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

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

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

wise Net Cost to BPCL is minimum i.e. Net Delivered Price (NDP) calculated less GST Input tax credit available to BPCL. Ranking of vendors, if required for the purpose of negotiations, will be based on the original quotation. The award of job will be based on Net Cost for each state. BPCL will place order on L1 bidder for entire 100 % qty for each state and reserves the right to negotiate with successful bidders in this regard.

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

quoted by 2 or more tenderers for any State and even if they are acceptable to BPCL, BPCL is not bound to either accept all such offers or to equally distribute the State’s requirement for Delrin Caps amongst the tenderers who have quoted the same rate. In such cases, BPCL reserves the right to take suitable decision and the decision of the Corporation in this matter shall be final and binding on all bidders.

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TENDER NO: CRFQ : 1000298110 ANNEXURE II

Instructions to Tenderer

Signature : Seal :

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g. Notwithstanding the above, BPCL is not bound to accept the lowest offer and

reserve the right to reject any and/ or every tender without assigning any reason whatsoever and/or place order on one or more tenderers and / or carry out negotiations with any tenderer in the manner considered appropriate by BPCL. BPCL also reserves the right to reject any un-workable offer. Purchase preference would be given to Public Sector Enterprises as per directives of the Government of India.

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

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

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

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

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

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

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

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

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

23. Corporation reserves its right to allow Public Sector Enterprises (Central/ State),

purchase preference as admissible/applicable from time to time under the existing Govt. policy. Purchase preference to a PSE shall be decided based on the price quoted by PSE as compared to L1 Vendor at the time of evaluation of the price bid.

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

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

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TENDER NO: CRFQ : 1000298110 ANNEXURE II

Instructions to Tenderer

Signature : Seal :

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

b) Tenderer’s declaration on a duly notarized Rs.100 stamp paper stating that, in the event of award of contract, all the ordered supplies shall be made from the unit for which MSE certificate has been submitted.

MICRO OR SMALL ENTERPRISE VENDOR

A) Allocation to MSE: In case a bidder registered as MSE quotes within price band of L1+15 percent, such MSE shall also be allowed to supply a portion of the requirement by bringing down their price to L1 price where L1 price is from someone other than a Micro and Small Enterprise. Such MSC shall be allowed to supply 20 % of total tendered value. In case of more than one such MSE qualify as above, the supply up to 20 % shall be shared proportionately. Further, if L1 happens to be an MSE, the entire quantity (100 %) shall be awarded to the MSE vendor without any share to other MSE vendors.

B) Criteria for qualification of Micro or Small Enterprise Vendor:

Public Procurement Policy applies to Micro and Small Enterprises (MSE) registered with District Industries Centers or Khadi and Village Industries Commission or Khadi and Village Industries Board or Coir Board or National Small Industries Corporation or Directorate of Handicrafts and Handloom or any other body specified by Ministry of Micro, Small and Medium Enterprises.

Definition of enterprise owned by SC/ST: i) In case of proprietary MSE, proprietor(s) shall be SC/ST ii) In case of partnership MSE, the SC/ST partners shall be holding at least 51% in the unit. iii) In case of Private Limited Companies, at least 51% share shall be held by SC/ST promoters.

24. The price payable shall remain firm for the entire contract period and no escalation/de-escalation shall be permitted for any reason except revision in statutory taxes.

25. Price Bid

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

Quoted basic price. .

Freight Charges as declared by the tenderer

GST whichever is applicable for a particular tenderer.

GST Input Tax Credit (ITC) available, if any

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TENDER NO: CRFQ : 1000298110 ANNEXURE II

Instructions to Tenderer

Signature : Seal :

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ii. BPCL shall calculate the Net Delivered Price (NDP) per Delrin Cap for each State for each tenderer by adding:

Freight quoted

GST rate as applicable and declared by the tenderer

to the basic price per Delrin Cap quoted by the tenderer. “Net cost to BPCL” equal to Net Delivered Price [NDP] as calculated above less GST Input Tax Credit [ITC]) shall form the basis for selection of tenderers for placement of order.

Net cost to BPCL = NDP – GST Input Tax Credit

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

iii. Ranking of tenderers will be based on “Net Cost to BPCL” calculated as per the original quotation.

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

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

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

29. Anti-competitive agreements/abuse of dominant position: The Competition Act, 300 2 as amended by the Competition (Amendment) Act, 300 7 (the Act), prohibits anti-competitive practices and aims at fostering competition and at protecting Indian markets against anti-competitive practices by enterprises. The Act prohibits anti-competitive agreements, abuse of dominant position by enterprises, and regulates combinations (consisting of acquisition, acquiring of control and M&A) wherever such agreements, abuse or combination causes, or is likely to cause, appreciable adverse effect on competition in markets in India. Bedsides taking punitive action as enshrined under Integrity Pact, BPCL reserves the right to approach the Competition Commission established under the Act of Parliament and file information relating to anti-competitive agreements and abuse of dominant position. If such a situation arises, then tenderers shall be bound by the provisions of the said statute.

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TENDER NO: CRFQ : 1000298110 ANNEXURE II

Instructions to Tenderer

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30. GST: CGST / SGST / IGST as applicable, along with Invoicing location and

HSN code no. must be clearly specified by the bidders in their offer. Quoting of HSN code no. and Invoicing location is mandatory requirement and must from part of the bid.

31. Anti-Profiteering Clause of GST (Applicable for Indian Bidders) If any new tax is introduced on sale of goods/services by VENDOR to OWNER in lieu of one or more of the then existing taxes or as a new tax altogether and the rate and impact of the new taxes is less than the rate and impact of existing tax or taxes which it replaces, VENDOR shall pass on to OWNER the benefit thereof by of commensurate reduction in the amount payable by the OWNER to VENDOR. If on the other hand, the rate of the new taxes is in excess than the rate of the new taxes it replaces, the OWNER on satisfactory proof shall reimburse the VENDOR the additional tax paid by the VENDOR as the result of the imposition of the new taxes provided they are within the contractual completion date. Explanation: For the purpose of above clause, impact means and includes the addition/reduction of taxes suffered on inputs, input services & capital goods. Further, impact of stranded taxes like CST on Interstate purchases, entry tax/octroi, etc (if applicable) also needs to be considered. The vendor shall take steps viz uploading invoice in GSTR 1, payment of the tax liability on the said invoices and filing of Returns etc. and comply with all the requirements of applicable laws including GST laws for the time being in force to enable the OWNER to avail tax credit/s including input tax credit. Any loss or non-availability of input tax credit by the OWNER due to non-compliance of applicable tax laws including but not limited to GST laws in force or otherwise, on the part of VENDOR, an amount equivalent to any tax liability accruing to the OWNER and/or to the extent of any loss accrued to the OWNER due to the non-availability of input tax credit or any liability accrued to the OWNER shall either stand cancelled or deducted from the payment due to the VENDOR or shall be reimbursed by the VENDOR as the case may be till such default is either rectified or made good by the VENDOR and the OWNER is satisfied that it is in a position to claim valid input tax credit within the time-lines as per applicable laws. Any cost, liability, dues, penalty, fees, interest as the case may be which accrues to the OWNER at any point of time on account of non-compliance of applicable tax laws or rules or regulations thereof or otherwise due to default on the part of VENDOR shall be borne by the VENDOR. An amount equivalent to such cost, liability, dues, penalty, fees, interest as the case may be, shall be reimbursed by the VENDOR within 30 days. Any GST as may be applicable on such recovery of amount shall also be borne by VENDOR and same shall be collected by the OWNER.

Page 14: E-TENDER FOR SUPPLY OF 300 LAKHS DELRIN CAPS TO VARIOUS ... · E-TENDER FOR SUPPLY OF 300 LAKHS DELRIN CAPS TO VARIOUS LPG PLANTS ... DECLARATION ON LETTERHEAD We solemnly affirm

TENDER NO: CRFQ : 1000298110 ANNEXURE II

Instructions to Tenderer

Signature : Seal :

Page 13 of 17

32. Anti-Profiteering Declaration as per following duly filled up, signed and stamped

with company seal to be submitted.

ANTI-PROFITEERING DECLARATON FORMAT – TO BE SUBMITTED ON LETTER HEAD

To whomsoever it may concern.

I, Mr. __________________________________, proprietor / ____________________ (similar salutations for other authorized signatories) of M/s. _________________________________________________ , hereby solemnly and sincerely declare, that I have abided with all the laws and rules, as applicable on me/my firm/my company from time to time, in my dealing with M/s Bharat Petroleum Corporation Limited (‘BPCL’), including but not limited to Section 171 of the Central Goods and Services Tax Act, 2017. In furtherance and compliance of the said section, I declare, that I have made commensurate reduction in the prices of the goods and/or services as provided by me/my firm/my company to BPCL on account of any input tax credits availed by me/my firm/my company as a registered taxable person or the reduction in the price on account of any reduction in the tax rate, as applicable, from time to time. I declare that the foregoing is true and correct and the same is a legal obligation and failure to fulfil it could result in penalties under state law. Date:____________ Place: ___________ To be signed by the authorized person under the firm’s seal

33. Bidder is expected to read, understand & accept all terms & conditions without

any deviations. In case bidder takes any deviation to any of the terms & conditions in these tender documents, the same shall be stated clearly with reasons as per following format. BPCL reserves the right to accept or reject any of the deviations. In case any of the deviations taken by any bidder is not acceptable to BPCL, the same shall be taken up with bidder for withdrawal/modification of the deviation as deemed fit. In case the bidder declines to withdraw/modify the deviation as desired by BPCL, BPCL reserves the right to reject the offer at the technical/unpriced bid evaluation stage itself. Format of Deviations to Tender document. is as follow. Deviations if any are to be listed in Annexure only. Any deviation mentioned elsewhere in the bid shall not

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TENDER NO: CRFQ : 1000298110 ANNEXURE II

Instructions to Tenderer

Signature : Seal :

Page 14 of 17

be taken into consideration. In case of no deviation, this shall be submitted as NIL. List of Deviations to the tender document:

Ref BPCL clause No. / Annexure

Reference Clause of Tender Document Deviation

Deviation

Yours faithfully, For and on behalf of Signature & seal of the vendor Place: Date:

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TENDER NO: CRFQ : 1000298110 ANNEXURE II

Instructions to Tenderer

Signature : Seal :

Page 15 of 17

DECLARATION TO BE OBTAINED FROM TPIA FOR BQC POINT NO 2 To, Date : -------- Bharat Petroleum Corporation Ltd, LPG Equipment & Procurement dept, “A” Installation, Sewree – Fort Road, Sewree (East) – Mumbai 400015 Sub : Confirmation of Bid Qualification Criteria of Tender CRFQ no --------- dt ------ for supply of 300 lakhs Delrin caps to various BPCL LPG Plants.

Name of Client : Vendor’s name XXX Date of visit to Client’s premises : dt XX.XX.2018 Place of visit / Address :

BQC no 2 : Capacity Criteria – Proven Track Record

This is to certify that we have checked & verified all the Invoices, POs, Contract Agreements & other documents submitted by our client M/s XXX for execution of below mentioned job worth Rs ----- lacs from dt -------- to dt ------ . The details are as follow:

1. PO no & dt / Contract Agreement no & dt :

Sr No Invoice No

Invoice Dt Invoice Amount (Rs) PO / Contract no & dt

1

2

3

Total Amt

2. PO no & dt / Contract Agreement no & dt :

Sr No Invoice No Invoice Dt Invoice Amount (Rs) PO / Contract no & dt

1

2

3

Total Amt

3. PO no & dt / Contract Agreement no & dt :

Sr No Invoice No Invoice Dt Invoice Amount (Rs) PO / Contract no & dt

1

2

3

Total Amt

Copies of Invoices / POs / Contract Agreements are enclosed. Name of Certifying Authority : Seal & Signature of Certifying Authority : Date :

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TENDER NO: CRFQ : 1000298110 ANNEXURE II

Instructions to Tenderer

Signature : Seal :

Page 16 of 17

34. State wise estimated requirement of Delrin Safety Caps is as mentioned below.

Sr. No. State / Region Requirement in nos

1 Jammu & Kashmir 1,00,000

2 Punjab 21,00,000

3 Rajasthan 16,50,000

4 Haryana 33,00,000

5 Uttar Pradesh 45,00,000

6 Uttarakhand 2,00,000

7 Assam 2,50,000

8 Bihar 6,00,000

9 West Bengal 15,00,000

10 Orissa 5,00,000

11 Chattisgarh 1,50,000

12 Madhya Pradesh 11,00,000

13 Maharashtra 46,00,000

14 Goa 1,50,000

15 Gujarat 15,00,000

16 Tamil Nadu 24,00,000

17 Telangana 8,00,000

18 Karnataka 26,00,000

19 Kerala 9,00,000

20 Andhra Pradesh 11,00,000

Total 3,00,00,000

As per BPCL record, HSN code for Delrin Cap is 3923. In case of any change in HSN code, vendors are requested to quote the same in Price Bid format.

Note :

a) The bidder should quote 100% quantity for any State. b) The bidder should not quote for quantities which exceeds their supply capacity. c) The award of job will be based on Net Cost for each state. BPCL will place order on L1 bidder for entire 100 % qty for each state and reserves the right to negotiate with successful bidders in this regard. d) BPCL at its sole discretion may re-allocate / shift the quantities from one plant to another plant / state to state in case of change in demand / urgent requirement.

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TENDER NO: CRFQ : 1000298110 ANNEXURE II

Instructions to Tenderer

Signature : Seal :

Page 17 of 17

35. List of abbreviations used :

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

The terms “OITC” in the appropriate context means Oil Industry Technical Committee.

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

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

The terms “PSE” in the appropriate context means Central Public Sector Enterprise

The term “LoI” in the appropriate context means Letter of Intent

The term “PO” in the appropriate context means Purchase Order

The term “PR” in the appropriate context means Price Reduction

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

The term “NDP” in the appropriate context means Net Delivered Price

The term “GST” in the appropriate context means Goods & Service Tax Pl confirm State wise offered quantity on your letter head. Bidder should offer

100% qty of any state. Part quantity offered will not be considered for evaluation.

State Annual Requirement Quantity Offered **

Jammu & Kashmir 1,00,000

Punjab 21,00,000

Rajasthan 16,50,000

Hariyana 33,00,000

Uttar Pradesh 45,00,000

Uttaranchal 2,00,000

Assam 2,50,000

Bihar 6,00,000

West Bengal 15,00,000

Orissa 5,00,000

Chhattisgarh 1,50,000

Madhya Pradesh 11,00,000

Maharashtra 46,00,000

Goa 1,50,000

Gujarat 15,00,000

Tamilnadu 24,00,000

Telangana 8,00,000

Karnataka 26,00,000

Kerala 9,00,000

Andhra Pradesh 11,00,000

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TENDER NO: CRFQ : 1000298110 ANNEXURE III

TECHNICAL SPECIFICATION

Signature : Seal :

QUALITY ASSURANCE & CONTROL:

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

TO BE DONE ON FINISHED STOCK (SHIFT WISE)

SAFETY CAP IINSPECTION PLAN

Sr.No DIMENSION GAUGE / INSTRUMENT

No of Pieces to be Inspected/ production

1 Ф26.0±0.2 mm PLUG GAUGE 1/1000

2 Ф10.0±0.1 mm RING GAUGE 1/1000

3 Ф11.5+0.1/-0.05 mm RING GAUGE 1/1000

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

5 18.8±0.3 mm SNAP GAUGE 1/10000

6 17.0±0.2 mm DEPTH GAUGE 1/10000

7 9.95±0.2 mm SNAP GAUGE 1/10000

8 23.0±0.4 mm SNAP GAUGE 1/10000

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

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

11 WEIGHT (Excluding Spring & string) 7.6 gm minimum

Weighing Scale 1/1000 cavity wise

STRING

Sr. No DIMENSION GAUGE/INSTRUMENT

No of Pieces to be Inspected

1 String Length(300+/-5mm)

Centimetre scale 1/10000

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TENDER NO: CRFQ : 1000298110 ANNEXURE III

TECHNICAL SPECIFICATION

Signature : Seal :

SPRING

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

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

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

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

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

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

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

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

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

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

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

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

in each consignment.

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

Sr. No. Dimension Feature

1 26 +/- 0.2 mm Diameter

2 10 +/-0.1 mm Stub Diameter

3 11.5 +0.1/-0.05 mm Inner Stub diameter

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TENDER NO: CRFQ : 1000298110 ANNEXURE III

TECHNICAL SPECIFICATION

Signature : Seal :

4 17.0 ± 0.2 mm Inner Depth

5 7.60 gms (min) Minimum weight of each cap

6 1.50 mm (min) Minimum Top Thickness

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

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

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

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

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TENDER NO: CRFQ : 1000298110 ANNEXURE III

TECHNICAL SPECIFICATION

Signature : Seal :

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

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

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

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

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

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

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

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

e. The successful tenderer will be required to complete all actions necessary to obtain clearance from Corporation/OITC for resumption of production and despatch at the earliest but not later than 20 days from the date of suspension.

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TENDER NO: CRFQ : 1000298110 ANNEXURE III

TECHNICAL SPECIFICATION

Signature : Seal :

f. If request for the clearance from Corporation/ OITC is not applied for within

the said period of 20 days, the Corporation shall have the rights solely at its discretion to cancel the remaining order quantity and forfeit the supply and performance guarantee amount without prejudice to any other right as may be available to the Corporation both under law and the contract terms contained in this agreement for the recovery of the damages.

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

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

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

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TENDER NO: CRFQ : 1000298110 ANNEXURE III

TECHNICAL SPECIFICATION

Signature : Seal :

FORMAT FOR INSPECTION RECORDS

Name of Manufacturer

INSPECTION REPORT FOR DELRIN CAP

Material For : Bharat Gas Batch LOT Size :

Name of Plant : Quantity Inspected :

Date of Inspection : Quantity Accepted :

Shift : I / II / III Quantity Rejected :

Dimensions Gauge Frequency Cavity No

Ф26.0 ±0.2

mm

Plug Gauge 1/1000

Ф10.0 ±0.1

mm

Ring Gauge 1/1000

Ф11.5 +0.1 / -

0.05 mm

Ring Gauge 1/1000

1.5 +0.2 /-0

mm

Snap Gauge 1/10000

18.8 ±0.3 mm Snap Gauge 1/10000

17.0 ±0.2 mm Depth

Gauge

1/10000

9.95 ±0.2 mm Snap Gauge 1/10000

23.0 ±0.4 mm Snap Gauge 1/10000

1.2 mm (Min

Thickness)

Depth

Gauge

1/10000

1.25 mm (Avg

Thickness)

Depth

Gauge

1/1000

Weight

(Excluding

Spring &

string) 7.6 gm

Weighing

Scale

1/1000

cavity

wise

1.35 +/-0.05

mm

Screw

Gauge

1/10000

22.0 +/-0.2

mm

Screw

Gauge

1/10000

Pneumatic

pressure

testing at 17

kg/cm2

Test Bench 1/10000 or

5 caps per

day

whichever

is more

Easy fitment

and removal

from S.C.

Valve

Manual 1 / 10000

or 10 caps

per day

whichever

is more

Colour of the

cap

Visual 100%

Markings on

the cap

Visual 100%

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TENDER NO: CRFQ : 1000298110 ANNEXURE III

TECHNICAL SPECIFICATION

Signature : Seal :

Overall

surface finish

Visual 100%

Spring

Diameter 1.35

+/- 0.05 mm

Micrometer 1/10000

Spring Length

22 +/- 0.2 mm

Vernier 1/10000

Nitric acid test

for Spring

Visual 2 / 10000

Smooth

movement of

spring

Manual 100%

Nylon String

Length 300 +

/ - 5 mm

Centimeter

scale

1/10000

Remarks :

Prepared by Checked By

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

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

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TENDER NO: CRFQ : 1000298110 ANNEXURE III

TECHNICAL SPECIFICATION

Signature : Seal :

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TENDER NO: CRFQ : 1000298110 ANNEXURE IV

TERMS AND CONDITIONS OF AGREEMENT

Signature : Seal :

Page 1 of 13

TERMS & CONDITIONS OF TENDER / AGREEMENT FOR PROCUREMENT OF

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

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

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

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

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

deposit an amount of Rs. 2.50 lakhs or 5% of the order value, whichever is lower, with BPCL as ‘Supply and Performance Guarantee’. This amount shall have to be deposited by way of crossed A/c Payee demand draft drawn on any Nationalised or scheduled bank in favour of M/s Bharat Petroleum Corporation Ltd. and payable at Mumbai. No interest is payable by BPCL on the amount for ‘Supply and Performance Guarantee’ so collected.

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

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

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

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TENDER NO: CRFQ : 1000298110 ANNEXURE IV

TERMS AND CONDITIONS OF AGREEMENT

Signature : Seal :

Page 2 of 13

4. PRICE

(a) Price payable per Delrin Safety Caps shall be the quoted/negotiated Net Delivered Price (NDP). It includes cost of all raw material, consumables, labour, power, fuel etc., all applicable duties, taxes (for inter-state movement IGST is applicable and for intra-state movement CGST & SGST are applicable), transportation charges for delivering them at our LPG Plants on door-delivery basis, transit insurance (if tenderer desires so), loading/unloading charges and any other incidental charges and such other duties and levies as may be imposed for sale and delivery of the said Delrin Safety Caps.

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

escalation/de-escalation shall be permitted for any reason except revision in statutory taxes.

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

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

The GST credit availed by the tenderer should be passed on to the Corporation by reducing the basic price. However, if the tenderer for any reason fail to avail this GST credit on various inputs, BPCL shall in no way assume any responsibility for the same.

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

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

(e) GST – any revision in Tax Rates on a/c of GST, if any, shall be applicable to

successful bidders during the contract period.

5. PAYMENT The following documents should be submitted to BPEC, Kharghar office along with the invoice: (a) Lorry Receipt (b) Manufacturer’s Test Certificate (c) Freight money receipt (d) Self Test Certificate duly certified by qualified QC Incharge

Payment terms shall be 30 days from the date of receipt of material at the plant, provided submission of the invoice in duplicate to BPEC, along with all enclosures as

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TENDER NO: CRFQ : 1000298110 ANNEXURE IV

TERMS AND CONDITIONS OF AGREEMENT

Signature : Seal :

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

7. DELIVERY SCHEDULE / REVISION BEFORE EXPIRY OF DELIVERY SCHEDULE:

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

PO or allocations) from time to time. The successful tenderer shall be bound to accept call-offs up to 130% of the prorata quantity (prorata quantity = contract quantity / 12 as the tender is for 12 months). In case BPCL requires additional supplies (over and above the said 130% prorata level) during any period , then it can place call-offs for such additional quantities after getting a written confirmation from the successful tenderer.

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

with the delivery schedule mentioned in the call-offs/PO/ allocation. The successful Tenderer shall note that the date of receipt of Delrin Safety Caps at the destination i.e. the Location of the Corporation as advised by the Corporation shall be considered as the date of completion of the supply as per the Order. In short the actual delivery shall mean the date of receipt of Delrin Safety Caps at the location. Successful tenderer shall have to furnish a ‘Delivery Completion

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TENDER NO: CRFQ : 1000298110 ANNEXURE IV

TERMS AND CONDITIONS OF AGREEMENT

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Report’ on monthly basis in the format given by BPCL along with a copy of proof of receipt of material/receipted delivery challans, for all supplies made during that month, within 5 days of last date for delivery indicated in the call offs / PO.

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

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

8. FAILURE AGAINST DELIVERY SCHEDULE AND PRUNING &

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

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

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

delivery schedule, the successful tenderer should submit a written request for extension, in case he desires the extension, explaining the reasons for the delay. It will be the Corporation’s sole discretion to accept or reject the request. The Corporation will evaluate the request of the successful Tenderer and in case the Corporation is satisfied, the Corporation may grant a suitable time extension to a maximum of 4 weeks with the applicable Price Reduction (on the portion that would be delivered late) @0.5% for each week of extension (or part thereof) subject to a maximum 2% and advise the revised delivery schedule, in writing. The decision of the Corporation in this regard will be final and binding on the successful Tenderer.

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

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TENDER NO: CRFQ : 1000298110 ANNEXURE IV

TERMS AND CONDITIONS OF AGREEMENT

Signature : Seal :

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

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

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

SCHEDULE

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

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

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

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

Performance Guarantee submitted by the vendor.

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

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

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

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

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

party on account of such non-delivery of such material. However if the successful tenderer informs BPCL about his/her inability to supply the material within 7 days of placing of call-off/PO then no PR for non-supply shall be

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TENDER NO: CRFQ : 1000298110 ANNEXURE IV

TERMS AND CONDITIONS OF AGREEMENT

Signature : Seal :

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levied. However, successful tenderer shall still be liable to pay the differential risk purchase amount mentioned above.

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

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

Following procedure will be followed for doing Risk Purchase. 1. In case the successful tenderer fails to supply the material as per the delivery

schedule due to any reason whatsoever including suspension, BPCL will float e-tender on those bidders who have qualified BQC, Technically & Techno-Commercially against this tender (except the Party who have failed to supply the material as per delivery schedule or who is under suspension).

2. All the Terms & Conditions of this tender will be binding on the bidders. 3. Price bid will be obtained for undelivered qty. Min 3 days period will be given for

submission of Price Bid. 4. BPCL will place PO on successful bidder for doing Risk Purchase & it will be

binding on successful bidder to supply the undelivered qty within stipulated period as specified by BPCL in PO.

5. In case of delay, necessary Price Reduction / Liquidated Damages clause as per this tender will be applicable.

6. In case Successful bidder fails to supply material, undelivered quantity will be again purchased on Risk Purchase basis and necessary Penalty / Differential cost etc will be recovered from the bidder who failed to supply the material.

11. LIQUIDATED DAMAGES FOR FAILURE TO SUPPLY

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

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

(c) In addition to this, in case BPC consider accepting late delivery of consignment, based on request by such Successful Tenderer who could not meet the Delivery schedule & Time extension given, PR as applicable for extension (on the portion that is delivered late) @0.5% for each week of late-delivery (or part thereof) subject to a maximum of 7 % shall be recovered.

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

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TENDER NO: CRFQ : 1000298110 ANNEXURE IV

TERMS AND CONDITIONS OF AGREEMENT

Signature : Seal :

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

13. FORCE MAJEURE

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

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

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

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

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

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

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TENDER NO: CRFQ : 1000298110 ANNEXURE IV

TERMS AND CONDITIONS OF AGREEMENT

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

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

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

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

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

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

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

Third Copy - Vendor Copy

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

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TENDER NO: CRFQ : 1000298110 ANNEXURE IV

TERMS AND CONDITIONS OF AGREEMENT

Signature : Seal :

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

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

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

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

Seal

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

accepted.

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TENDER NO: CRFQ : 1000298110 ANNEXURE IV

TERMS AND CONDITIONS OF AGREEMENT

Signature : Seal :

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

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

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

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

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

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

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

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

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

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

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TENDER NO: CRFQ : 1000298110 ANNEXURE IV

TERMS AND CONDITIONS OF AGREEMENT

Signature : Seal :

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

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

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

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

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

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

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

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

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

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

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TENDER NO: CRFQ : 1000298110 ANNEXURE IV

TERMS AND CONDITIONS OF AGREEMENT

Signature : Seal :

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

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

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

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

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

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

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

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

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

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

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TENDER NO: CRFQ : 1000298110 ANNEXURE IV

TERMS AND CONDITIONS OF AGREEMENT

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

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

23. JURISDICTION

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

The total requirement shown in this tender enquiry is for the period of 12 Months from the date of placement of Contract, and may be extended for a period of up to 3 months at the sole discretion of BPCL. In case of any dispute in the interpretation of the terms and conditions of the tender, the decision of the Corporation in this matter shall be final and binding.

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TENDER NO: CRFQ : 1000298110 ANNEXURE V

PARTICULARS OF TENDERER

Signature : Seal :

PARTICULARS OF TENDERER

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

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

Tel No. (Office) : (Factory) :

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

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

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

Name & address of the Proprietors /

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

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TENDER NO: CRFQ : 1000298110 ANNEXURE V

PARTICULARS OF TENDERER

Signature : Seal :

Year of Establishment / Registration & Date. :

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

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

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

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

2014-15 2015-16 2016-17

Is the unit an ISO unit: Yes / No

(If yes, give copy of certificate)

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TENDER NO: CRFQ : 1000298110 ANNEXURE V

PARTICULARS OF TENDERER

Signature : Seal :

Office Factory No. of persons employed. :

Skilled : Unskilled :

Organogram (Please enclose a copy of the organogram indicating the quality/ production managers and QC engineers/ supervisors with their qualifications and proof for the same.) List of large companies to which similar items have been supplied earlier with details of item, quantity, value of order & year of execution. List of large companies whose order for similar items have been accepted with details of item, quantity and pending orders during the next 12 months. GST Registration No. : : Note: Prior approval should be sought in case any changes are made in the factory layout, machinery or manpower, failing which BPC shall initiate appropriate action as deemed fit which may include suitable penalty/suspension for the entire term of the tender.

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TENDER NO : CRFQ : 1000298110 ANNEXURE VI

DECLARATION FORMS

Signature : Seal :

A. DETAILS OF RELATIONSHIP WITH BPC DIRECTORS

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

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TENDER NO : CRFQ : 1000298110 ANNEXURE VI

DECLARATION FORMS

Signature : Seal :

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

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TENDER NO : CRFQ : 1000298110 ANNEXURE VI

DECLARATION FORMS

Signature : Seal :

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

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

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

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

* Strike whichever is not applicable.

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TENDER NO : CRFQ : 1000298110 ANNEXURE VI

DECLARATION FORMS

Signature : Seal :

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

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

Director of your Company is a Director of BPC .

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

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

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

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

Strike whichever is not applicable.

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TENDER NO : CRFQ : 1000298110 ANNEXURE VI

DECLARATION FORMS

Signature : Seal :

B. LIST OF DIRECTORS OF BHARAT PETROLEUM CORP LTD. Shri D. Rajkumar, Chairman & Managing Director Bharat Petroleum Corporation Ltd. Bharat Bhawan, 4 & 6 Currimbhoy Road, Ballard Estate, MUMBAI - 400 001. Shri S. Ramesh, Director (Marketing) Bharat Petroleum Corporation Ltd., Bharat Bhawan, 4 & 6, Currimbhoy Road, Ballard Estate, MUMBAI - 400 001. Shri R. Ramachandran, Director (Refineries) Bharat Petroleum Corporation Ltd., Bharat Bhawan, 4 & 6, Currimbhoy Road, Ballard Estate, MUMBAI - 400 001. Shri K. Shivakumar, Director (Finance) Bharat Petroleum Corporation Ltd., Bharat Bhawan, 4 & 6, Currimbhoy Road, Ballard Estate, Mumbai - 400 001. Shri. Paul Antony (Government Director) Shri. Rajiv Bansal (Government Director) Shri. Rajesh Mangal (Independent Director) Shri. Deepak Bhojwani (Independent Director) Shri. Gopal Nanda (Independent Director) Shri. Vishal Vinod Sharma (Independent Director) Smt. J.M. Shanti Sundharam (Independent Director) Shri. Vinay Sheel Oberoi (Independent Director) Dr. Tamilisai Soundararajan (Independent Director)

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TENDER NO : CRFQ : 1000298110 ANNEXURE VII

E-Tender Process for Price Bid

E-TENDER PROCESS FOR SUBMISSION OF TECHNICAL & PRICE BID

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

Pre-requisite for participation in the tender: In order to bid for the e-tender, all the vendors are required to obtain a legally valid Digital Certificate of Class IIB and above as per Indian IT Act from the licensed Certifying Authorities operating under the Root Certifying Authority of India (RCIA), Controller of Certifying Authorities (CCA). In case you do not have digital signature certificate, you may contact our e-tendering service provider M/s. ABC Procure Contact no. 079-40270573 / 07715814897 / 022-24176419). The cost of obtaining the digital certificate shall be borne by the vendor. Corrigendum / amendment, if any, shall be notified on the site https://bpcleproc.in. In case any corrigendum / amendment is issued after the submission of the bid, then such vendors who have submitted their bids, shall be intimated about the corrigendum / amendment by a system-generated email. It shall be assumed that the information contained therein has been taken into account by the vendor. They have the choice of making changes in their bid before the due date & time.

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TENDER NO : CRFQ : 1000298110 ANNEXURE VII

E-Tender Process for Price Bid

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

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TENDER NO : CRFQ : 1000298110 ANNEXURE VII

E-Tender Process for Price Bid

Price Bid details : Basic price of Delrin Cap (In Rs. Per Cap): It includes cost of all raw material, consumables, labour, power, fuel etc. and all applicable duties, transit insurance (if tenderer desires so), loading/unloading charges and any other incidental charges and such other duties and levies as may be imposed for sale and delivery of the said Delrin Caps Freight (In Rs. Per Cap) : Realistic freight for delivering Delrin Cap to BPCL plants in each state should be quoted. Total Rate (Basic + Freight) : Will be generated by the system based on the earlier input in Rs. Per Cap. Total Amount (Rs) : Will be generated by the system based on the earlier input. GST (%) : Realistic GST %, whichever is applicable for bidder, for delivering Delrin Cap to BPCL plants should be quoted. GST Amount ( Rs) : Will be generated by the system based on the earlier GST % input given by bidder. Grand Total (Rs.): Will be generated by the system based on the earlier input. Net Delivered Price (NDP) : will be generated by system based on earlier inputs.

The evaluation of the tenders, in the first instance, will be based on the State wise Net Cost to BPCL is minimum i.e. Net Delivered Price (NDP) calculated less GST Input tax credit, if any, available to BPCL. Ranking of vendors, if required for the purpose of negotiations, will be based on the original quotation. The award of job will be based on Net Cost for each state. BPCL will place order on L1 bidder for entire 100 % qty for each state and reserves the right to negotiate with successful bidders in this regard. It may be noted that the rates / amounts / percentages as entered in the price bid by the vender will be considered for evaluation & award. Therefore venders are to take great care while quoting & clarify doubt if any from BPCL. Also please note that the responsibility of correct entries of prices & taxes in price bid sheet lies with the vender.

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TENDER NO : CRFQ : 1000298110 ANNEXURE VII

E-Tender Process for Price Bid

DECLARATION We hereby certify that the above process of E-tender is understood by us.

Rate of GST – For the purpose of billing, we declare the rate of GST applicable on us as under:

S.No. Description Rate (%)

1 HSN code for Delrin Cap

2 State from which supply will be made

3 GST Registration no

4 Type of Registration - Registered / Composite / Unregistered

5 Whether having multiple registration in various states - Yes / No

6 Outside state supplies (IGST)

7 Within State supplies (CGST + SGST)

I declare that I am fully informed on the GST rates as quoted above and I shall

not charge at any higher rate later (unless there is change in the GST registration itself).

We hereby certify that we can spare sufficient manufacturing capacity of our unit

so as to manufacture & supply at least 130% of the prorata quantity per month and 130% of the offered quantity during the contract period to you of the specification and on the terms mentioned in the tender document. You may verify the offered manufacturing capacity at any time during the currency of the Tender/orders and amend the order quantity suitably. Any and all financial risk, cost and penalties on account of this would be borne by us. The following annexures (based on which the aforesaid offer is given) duly stamped & signed by us are enclosed:

Annexure I - Bid Qualification Criteria (BQC) Annexure II - Instructions to Tenderer Annexure III - Technical Specifications of Delrin Safety Caps Annexure IV - Terms & conditions of agreement Annexure V - Particulars of tenderer Annexure VI - Declaration forms Annexure VII - E-Tender Process for price bid Annexure VIII - Integrity Pact We also enclose herewith: a. Bank Draft No. _________ dated ________ for Rs. 2,50,000 (Two Lakhs Fifty Thousand only) drawn on __________________ (Bank) in favour of Bharat Petroleum Corporation Limited and payable at Mumbai as EMD.

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TENDER NO : CRFQ : 1000298110 ANNEXURE VII

E-Tender Process for Price Bid

OR

b. Proof of being a Public sector enterprise

OR

Unit registered with the National Small Scale Industries Corporation / MSME / UAM for the manufacture and supply of Delrin Safety Caps under the tender terms, which makes us eligible for exemption from EMD. Accordingly we are not enclosing any demand draft towards EMD. (Note: kindly strike out the clause which is not applicable) We also enclose herewith the following documents:

Certified copies of Registration certificate from:

National Small Scale Industries Corpn. (If applicable) Directorate General of Trade and Disposal

We confirm that on acceptance of our offer, we shall submit Supply and

Performance guarantee of Rs.2.5 Lakhs or 5% of the order value, whichever is lower, within 10 days of LOI and shall supply the Delrin Safety Caps on the terms and conditions mentioned in the tender.

We hereby confirm that in the event of withdrawal of offer during the validity

period of the offer or non acceptance of order :

EMD / SD submitted by us will be forfeited and we will not be entitled to claim refund of the same, or Since we have opted for exemption from submitting the EMD, we shall be

barred for a period of two year from taking part in any tender floated by LPG Equipment Department of BPCL in future.

Unless otherwise extended by us in writing, our aforesaid offer will remain valid

for a period of 120 days from the date of closing of the tender for acceptance by you.

We hereby confirm that all information and details furnished above are true to our

knowledge. In case any information or detail is found to be incorrect we shall be solely responsible for the same. You may initiate any action as deemed fit to you, in that case. We agree that Courts in the city of Mumbai alone shall have jurisdiction to entertain any application or other proceedings in respect of any dispute or differences arising out of or in regard to subject tender, at any stage including during finalisation of the tender.

Yours faithfully,

Date: Place: