TENDER FOR AWARD OF CONTRACT FOR SMS AND IVRS BASED … · 2013-12-02 · Performa of Bank...

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TENDER NO. : LPG.HQ.SMS.IVR.2012

DUE DATE & TIME : 30/08/2012 AT 15.00 HRS

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

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

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CONTENTS

SR. DESCRIPTION

1. Notice Inviting Tender

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

4. Introduction

5. Need for SMS and IVRS based LPG Refill booking system

6. Bid Details

7. Technical Specifications

8. Commercial terms and conditions of contract

9. Special terms and conditions of contract

10. General terms and conditions of contract

11. Tenderer‟ s Declarations

12. Tenderer „s Confirmations

13. Performa of Bank Guarantee

14. Integrity Pact

15. Format of price bid

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1. NOTICE INVITING TENDER

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

Eligibility Criteria The intending bidders for the above tender should meet the qualifications as given below:- a) The Bidder shall be a Telecom Service provider registered with TRAI,

having operation in all telecom circles as on due date of tender. b) Bidder shall have experience of having implementing minimum one project

of call handling of 7 lakhs transactions per month through IVRS & SMS based VAS application during the last 3 years ending 30th June 2012.

c) Bidder should have a minimum Annual financial turnover of Rs. 6 Cr, on annualized basis in any one financial year during the preceding 3 financial years.

d) Bidder should not have been black listed / put on holiday list for any period by PSU / Govt. Departments during the last 5 years ending 30th June 2012.

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

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

Tenders Search Tenders by categories LPG Others by the interested

parties. Details of the tender can also be viewed at

http://bpcl.eproc.in and http://eprocure.gov.in Corrigendum, if any,

shall be given at above mentioned websites.

Pre bid meeting: 14/08/2012 AT 15.00 HRS at BPCL, Ballard Estate Office. One representative (authorized) having sound knowledge of the system / bid, carrying authority letter on letter head duly signed by the authorized signatory is allowed to participate in the per-bid meeting. Submission: Vendors are required to submit bid only online mode on or before the due

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

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

authorized person to be put in a sealed envelope marked “Tender for SMS and IVRS” and should be dropped on or before the due date of closing of

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

.BHARAT PETROLEUM CORPORATION LTD,

BHARAT BHAVAN – II,

http://www.bharatpetroleum.in/

http://bpcl.eproc.in/

http://eprocure.gov.in/

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IS DEPARTMENT 2nd FLOOR

BALLARD ESTATE, MUMBAI - 400 001

For any clarification kindly contact the person mentioned below:

Chief Manager Business Information (LPG)

BHARAT PETROLEUM CORPORATION LTD,

BHARAT BHAVAN – II,

LPG DEPARTMENT

5TH FLOOR,

BALLARD ESTATE,

MUMBAI - 400 001

022-22713747

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2. GENERAL INSTRUCTIONS TO VENDORS FOR E-TENDERING

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

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

obtain a valid Digital Certificate of Class IIB and above as per Indian IT Act from the licensed Certifying Authorities operating under the Root Certifying Authority of India (RCIA), Controller of Certifying Authorities (CCA). The cost of obtaining the digital certificate shall be borne by the vendor.

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

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

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

https://bpcl.eproc.in. In case any corrigendum/amendment is issued after the submission of the bid, then such vendors who have submitted their bids, shall be intimated about the corrigendum/amendment by a system-generated email. It shall be assumed that the information contained therein has been taken into account by the vendor. They have the choice of making changes in their bid before the due date and time.

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

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

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

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

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

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

procurement tenders directly through internet:

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

https://bpcl.eproc.in/




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(ii) The system time (IST) that will be displayed on e-Procurement web page shall be the time considered for determining the expiry of due date and time of the tender and no other time shall be taken into cognizance.

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

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

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

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

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

8. No responsibility will be taken by BPCL and/or the e-procurement service

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

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

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

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

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

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

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

+91-22-22713747 / 9820410984 (between 10.00 to 18.30 Hrs; Monday to Friday) followed with a e-mail to ID [email protected] With Standard Subject Tag as “Tender for SMS and IVRS”

mailto:[email protected]



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3. TECHNICAL/ COMMERCIAL BID ABSTRACT

(TO BE FILLED BY THE TENDERER ONLINE) Details BPCL’s requirement Confirm

& furnish supporting documents

Proof of Registration with TRAI with the circle details

Yes/No

Income Tax Returns for the last three years Last three years. Yes/No

Audited Balance Sheet Last three years. Yes/No

Solvency Certificate Latest to be submitted. Yes/No Validity of offer. 6 (six) months from the date of

opening of tender (Price Bid). .

Yes/No

Time completion clause- Acceptable Yes/No Yes/No

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

To be checked and confirmed.

Yes/No

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

To be checked and confirmed. Yes/No

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

To be confirmed. Yes/No

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


Power of Attorney / proof of authorization of person who has signed the tender.

To be submitted in original or notarized / attested copies

Yes/No

Acceptance of Payment through NEFT MODE.

Vendor to confirm Yes/No

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

Vendor to furnish the duly filled format for NEFT, along with a cancelled cheque.

Yes/No

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


Confirm the location of the SMS and IVRS servers o f des ired c o n f i g u r a t i o n .

Vendor to furnish Yes/No

Performance certificate of the System User to be submitted.

The performance certificate from the user as per the bidder‟s credentials to be submitted.

Yes/No

Confirm submission of the official Licensed Certificate of the SMS and IVRS system

Yes/No

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4.INTRODUCTION

ABOUT THE COMPANY Bharat Petroleum Corporation Ltd. (BPCL) is one of the leading Oil Refining and Marketing companies in the country. BPCL is also one among the Fortune 500 companies. The company produces a diverse range of products, from

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

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

http://www.bharatpetroleum.in/

http://www.bharatpetroleum.in/EnergisingBusiness/www.ebharatgas.com

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5. NEED FOR SMS AND IVRS BASED REFILL BOOKING SYSTEM Currently our domestic customer population is approximately 3 Cr. And an average 2 Cr refill bookings take place across the country per month. Majority of the booking is done in the in traditional way either by calling to the distributors‟ showroom or by visiting the showroom. These ways of refill booking lead to lots of discomforts to customer. To quote some of them such as the time restriction for booking, as they can do booking only during the working hours of the showroom, telephone lines being engaged for a long time, sometimes rough response from the counter-staff. Moreover it is difficult to follow-up such refill bookings by the customer. This leads to customer dissatisfaction.

In order to achieve “Consumer Satisfaction and Beyond”.It is felt that the problems of refill booking faced by customers can be addressed by providing a method of ease-of-booking to customers by leveraging the technology, through SMS & IVRS.

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6. BID DETAILS

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

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

3. Common 10-digit number for SMS & IVRS for each telecom circle.

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

5. For each refill booking made by SMS there will be two return SMS will be sent to the

mobile no from used for booking.

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

reference no.

b. Second one shall be after delivery confirmation.

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

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

SMS.

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

reference no.

b. Second one shall be after delivery confirmation.

7. The vendor has to pass on the booking request received (through SMS and IVRs) to

BPCL server – online.

8. BPCL server shall do the following:

a. Validation of refill booking

b. Generating response messages

c. Issuing booking reference numbers centrally for valid bookings

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

i. Pulling bookings to the distributor PC Receiving delivery confirmation

from the distributor PC

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

booking received and another after the delivery is made.

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

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

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

refill bookings through IVRS for the walk-in customers.

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Instructions to Bidders

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

mentioned

2. The Bidder should give proof of at least two customers contact references where they

have deployed projects and executed successful operation professionally.

3. In case of closure / termination of operations or acquisition/takeover of the concerned

company of the bidder, the bidder shall ensure that the operations of BPCL do not

suffer.

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

5. Vendor shall provide all required approvals from TRAI for SMS & IVRS related

transactions.

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

connectivity is available.

7. The offer / quotation bid will be valid for a period of 6 (Six) months from the date of

opening of tender (Price Bid).

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

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

in the form of Demand Draft

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

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

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

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

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

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

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

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

LOI.

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

reckoned from the date Letter of Intent (LOI) and thereafter monthly payments due to

the contractor will commence for a period of 2 years.

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

SMS/IVR. This process to be approved by BPCL and the same has to be executed by

the vendor at no extra cost to BPCL.

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

includes methodology, tools and documentation used for the project. The project

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organization structure, communication, training schedule, project schedule, staffing,

number of teams working simultaneously, at sites etc should also be provided.

16. Interfacing and integration of the solution with BPCL‟s server.

17. Details of vendor‟s infrastructure and local support in India. Service response time in

case of a failure.

18. Vendor‟s project plan including activity charts, deadlines, milestones, activity wise

timelines, etc.

19. Resource or Resource profile the details regarding the personnel deployed for work

should be provided to BPCL

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

Enterprises as admissible under Government Policy.

MIS Reports

Vendor to provide reports to BPCL on the bookings through SMS and IVRS.

The format can be discussed during SRS.

.

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7. TECHNICAL SPECIFICATIONS

Indicative Architecture of the proposed IVRS system

Indicative IVRS Flow for BPCL (actual flow would be finalized during SRS stage.)

Data

IVR

DATABASE Send URL

Receive

URL

Send URL / Receive URL

BPCL

DATABASE

SMS to

Custo

mer

Call

on

IVRS

Customer

SEND SMS

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

i. Customer calls on single 10 digit IVRS Number

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

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

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

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

wise dial 2"

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

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

v. Play Booking Number/Status to customer

vi. Play Thank you message.

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

so required can vary this.

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

communication Network (GSM/CDMA).

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

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

telephones.

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

efficiency.

The system shall have multitasking operational software that allows the

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system to handle simultaneous calls.

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

not limited to the following:-

Total calls per day on system.

Total hourly calls on system.

Average time for booking.

Total no. of system resets per day

Summary information

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

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

The pauses between words must be such that hearing is pleasant.

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

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

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

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

by giving appropriate STATUS field.

It is foreseen that there may be requirement of up-

gradation/addition/modification of software and message programming.

Accordingly the contractor shall be required to undertake all software changes

required by BPCL free of cost during the maintenance period.

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

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

the same professional voice in which the earlier recording was done

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

security deposit.

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

includes but not limited to the parameters detailed below

Sl. No. Parameter Target Monitoring

Method

Monitoring

Frequency

1 Refill Booking SMS

and IVR Servers

uptime

> 99% (office hours) Report Daily

2 Refill Booking Call

Success Ratio

> 99% Report Daily

3 Call answering < 3 Rings Report Daily

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

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

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

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

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levels to the BPCL consumers.

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

he should ensure the following;

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

server level for monitoring, reporting and management perspective.

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

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

proposed should belong to BPCL separately as applicable.

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

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

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

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

Voice/SMS plan

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

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

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

manufacturers of these products and this condition shall be incorporated by

the bidder in their contract /agreement with the manufacturers.

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

these include hardware, software, developed application, and

network/telephony infrastructure implemented and the proposed logical

architecture. the description of each component as mentioned above should

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

plays in the deliverable of the process.

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

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

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

to be documented.

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

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

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

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

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

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

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

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

themselves.

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8. COMMERCIAL TERMS & CONDITIONS OF CONTRACT

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

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

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

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

The offer / quotation bid will be valid for a period of 6 (six) months from the date of opening of tender (Price Bid).

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

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

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

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

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

law prevailing at the time of payment.

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

objective, will not form basis for considering extra payments.

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

committed / required time schedules, no extra payment will be made. Payment Terms The payments for the completed works shall be made by BPCL as per the

following terms: All payments will be made only in INR only. All payments will be made central ly at the HQ of BPCL, within 30 days

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

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

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

BPCL‟s discretion. Bank Guarantee for Security Deposit

The successful tenderer, within 15 days from the issue of LOI, shall have to provide to the company by way of security, Bank Guarantee in the standard

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format provided by the company, for an amount equivalent to 10% of the total tendered value of the work. The successful tenderer shall have the option to adjust the EMD towards security deposit if he so desires.

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

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

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

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

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

If the time period for the completion of work is extended, the bank guarantee must

be extended by the same period before the expiry of the original date. The vendor must rectify / replace any defect in services / materials, which may

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

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

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

Compensation for delay in completion

Time is the essence of the Contract. In case the vendor fails to complete the work within the scheduled time period, then, unless such failure is due to Force Majeure as defined or due to BPCLs defaults, the vendor shall pay BPCL by way of compensation for delay and not as penalty a sum @ 0.5% of the value of the “Supply Portion” for the quantity OR the work portion that is delayed per complete week or part thereof of delay subject to maximum of 5% of the total contract value. The parties agree that this is a genuine pre-estimate of the

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loss / damage which will be suffered on account of delay / breach on the part of the vendor and the said amount will be payable on demand without there being any proof of the actual loss or damages caused by such delay / breach. The decision of BPCL in regard to the actual delay shall be final and binding on the vendor.

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

Evaluation criteria

The technical bid shall be first opened on the due date of submission.

Presentation: Tenderer is required to make presentation to the evaluating committee after the opening of the bid.

Demonstration: After evaluating t he technical bid parties meeting the qualifying c riterion will be required to give a demonstration.

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

One booking cycle includes the following:

Receiving the booking request through SMS or IVRS from customer Pass on the booking request to BPCL server online

Receive two responses online from BPCL server; one on receipt of booking

request and another after the delivery Pass on the booking response online as voice message to IVRS bookings

Pass on both the responses online as two SMSs to customers.

The shall quote for the following items per booking cycle

Cost incurred: Cost: Slab 1: Refill booking cycle 1 to 4 Cr PA per booking cycle Cost: Slab 2: Refill booking cycle 4 to 7 Crore PA per booking cycle

Cost: Slab 3: Refill booking cycle > 7 Crores PA per booking cycle

Revenue earned:: Discount: Slab 1: Refill booking cycle 1 to 4 Cr PA per booking cycle Discount: Slab 2: Refill booking cycle 4 to 7 Crore PA per booking cycle

Discount: Slab 3: Refill booking cycle > 7 Crores PA per booking cycle

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

The price shall be calculated net of cost incurred by the bidder and the revenue earned by bidder. The price can be either be positive, zero, negative. Evaluation

of the tender shall be made on the lowest out go to the company for an estimated volume of 10 Crore bookings.

Any benefit arising out of set off / refund / input credit of VAT/ST to BPCL; will not be considered for price evaluation.

Lowest quote will be evaluated for the estimated for the volume of 10 Cr booking

cycles. .

Rejection criteria

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

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

Offers/quotations not received in the required format.

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

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Offers/quotations not received with the Earnest Money Deposit.

Technical and / or commercial documents having any counter conditions

If delivery time / project execution time period is not acceptable to the bidder or time specified by bidder is more than the required time schedule.

Offers/quotations not accepting the clause of composite bank guarantee for the performance of contract and deliverables.

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

Offers/quotations not accepting the payment terms and the Compensation for delay in completion clause.

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9. SPECIAL TERMS & CONDITIONS CONTRACT

Earnest money deposit (EMD) & Tender Fee

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

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

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

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

Completion Time and effective date of start of contract for payment Entire work should be completed within a period of 12 weeks. Start date will be

reckoned from the date Letter of Indent (LOI). Entire system should be stabilized within this 12 weeks time period. The contract period for the payment purpose would commence after satisfactory stabilization of the system duly approved by the BPCL

and thereafter monthly payments due to the contractor will commence for a period of 2 years.

Price Bid:

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

shall be summarily rejected.

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

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

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

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

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

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

f) It is in the clear understanding of the Tenderer that the complete scope as defined or as may be required for the intended objective of this tender is

included in the quoted price. No extra payment apart from the quoted price will be made in order to achieve the intended objectives. Reasons like, Tenderer having not envisaged / considered a particular activity or element of cost

required to be carried out for achieving the intended objective or some activity not specifically mentioned in the tender enquiry / tender but required to be

carried out for achieving the intended objective, will not form basis for considering extra payments.

g) No extra payments will be made for working on extended hours / Saturdays / Sundays / Holidays to meet the committed / required time schedules.

h) After finalizations of tender, BPCL reserves the right to increase / decrease the work order quantity of any or every and delete any item at the time of confirmation of order.

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

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

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

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

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

Bill of Quantities and Schedules of rates:

a) Bill of quantities are approximate and indicative and payment shall be made as per actual certified measurements. The contractor is not entitled for any sort of compensation towards excess materials procured / stored.

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

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

Mobilization advance:

No Mobilisation advance will be given for the tendered work.

Penalty Clause

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

week of the maximum of 5 % of the total order value, if the vendor cannot commission the facilities of the New System, within 12 weeks from the date of LOI.

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BPCL reserves the right to cancel the LOI in case of delay. b. Non availability of services beyond 6 hours for whatsoever reason, deduction will

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

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

Termination

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

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

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

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

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

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

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

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

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

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

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to cure such default.

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

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

Force Majeure

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

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

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

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

Representations & Warranties

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

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Government Agency.

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

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

Indemnification

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

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

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

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

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

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

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

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by CONTRACTOR in respect of any claims, demands, proceedings or causes of action arising from such death, injury, loss or damage.

Assignment

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

Confidentiality:

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

Severability:

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

Change in Law:

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

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No Waiver:

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

Cumulative Rights:

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

Entire Agreement:

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

Amendment; Waiver:

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

Relationship:

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

Counterparts:

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

Interpretation:

Unless the context requires otherwise, in this Agreement:

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

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

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

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

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

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

Arbitration Clause

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

proceedings under this clause.

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

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10. GENERAL TERMS & CONDITIONS OF THE TENDER

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

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

supplementary of every other part and shall be read with and into the contract so far as it may be practicable to do so.

II. Payment to the contractor through Electronic Clearing System (ECS) can be made, subject to agreement by representative banks of BPCL and Contractor as per the existing system.

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

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

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

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

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

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

IX. When person signing the Tender/Agreement is not the sole proprietor or authorized representative of the Company the original Power of Attorney or a notary certified copy thereof authorizing such person to act and

sign on behalf of the Company must be produced before signing the documents.

X. It shall be understood that every endeavor has been made to avoid error which can materially affect the basis of Tender and the successful Vendor shall take upon himself and provide for risk of any error which may subsequently be discovered and shall make no subsequent claim on account thereof. No advantage is to be taken either by the Corporation or the Vendor of any clerical error or mistake may occur in the general specification, schedules, and plans.

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

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

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

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

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XV. Vendor is advised not to enclose unwanted and unasked documents with the tender. Any such documents if received shall not be considered.

XVI. Your tender may not be considered, if we are unable to evaluate your offer for want of any information.

XVII. Your quotation should be for materials / contract services strictly in accordance with specifications mentioned in the tender.

XVIII. In case of unscheduled holiday on opening day of tender, the next working day will be treated as scheduled prescribed day of opening of

tender. Time and venue will remain same.

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

Deviations

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

LIST OF DEVIATIONS

Page No.

Clause No.

Description

Page No.

Clause No.

Description

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11. TENDERER’S DECLARATION DETAILS OF RELATIONSHIP WITH BPCL / KRL / NRL / BORL DIRECTOR ETC.

Tenderer should furnish following details in the appropriate part based on their organizational structure.

Organizational Structure Part of the form

applicable Sole Trader Declaration-A Partnership Declaration-B

Company Private / Public Declaration-C Organisation Structure-All organizations Declaration-D

Declaration – A

(APPLICABLE WHERE TENDERER IS SOLE PROPRIETOR)

1. Name of tenderer

2. Address Residence Office

3. State whether tenderer is related to Yes/No* any Director (s) of the BPCL / KRL / NRL / BORL

4. If „Yes‟ to 3, state the name of

BPCL/KRL/NRL / BORL‟s Director and Tenderer Relationship with him / her.

*Strike out whichever is not applicable.

PLACE: DATE:

Declaration-B

(APPLICABLE WHERE THE TENDERER IS A PARTNERSHIP FIRM)

1. Name of the Partnership firm responding to the tender

2. Addres

s

3. Name of Partners

4. State whether any of the partners is a Director to Yes/No* the BPCL/KRL/NR/BORL.,

5. If „Yes‟ to 4 state the name(s) of

BPCL / KRL/ NRL/BORL‟s

Directors

6. State whether any of the partners is related to any Yes/No*

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of the Director(s) of the BPCL / KRL / NRL/BORL‟s Directors

7. If „Yes‟ to 6, state the name(s) of

BPCL / KRL / NRL/BORL‟s Directors and the concerned partner‟s Relationship with him / her.

* Strike out whichever is not applicable.

PLACE: DATE

Declaration – C

(APPLICABLE WHERE THE TENDERER IS A PUBLIC / PRIVATE LTD. CO.)

1. Name of the Company responding to the tender 2. Address of:

a) Registered

Office b)

Principal Office

3. State whether the Company is a Pvt. Ltd. Co. Yes/No* or Public Ltd., Co.

4. Names of Directors of the Company 5. State whether any of the Directors of the Tenderer‟s

Yes/N

o* Company is a Director of BPCL/KRL/NRL/BORL‟s. 6. It „Yes‟ to (5) state the name(s) of BPC/KRL/NRL/BORL‟s

Directors 7. State whether any of the Director of the Tenderer

Company is related to any of the Director‟s of the

BPCL/KR/NRLBORL‟s. Yes/No*

8. If „Yes‟ to (7) state the name(s) of BPCL / KTL / NRL / BORL‟s

Director‟s (of the Tenderer Co.) relationship with him /her.

Strike out whichever is not

applicable.

PLACE : DATE :

Declaration – D

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Tenderer is required to state whether they have employed any retired Director and above rank officer of BPCL / KRL / NRL / BORL in their firm. If so, details hereunder to be submitted.

1. Name of the person :

2. Post last held in BPCL/KRL/NRL/BORL :

3. Date of retirement :

4. Date of employment of the firm : Date: Tenderer‟s Signature & Seal Place:

NB:

1. A separate sheet may be attached, if the above is not sufficient.

2. Strike out whichever is not applicable. If the Tenderer employs any person subsequent to signing the above declaration and the employee/s so appointed happen to be the near relatives of the Officer / Director of BPCL/KRL/NRL/BORL Central/State Governments, the Tenderer should submit another declaration furnishing the name/s of such employee/s who is /are related to the officer / s of BPCL / KRL/ NRL/ BORL / Central / State Government

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12. TENDERER’S CONFIRMATION OF

Confirmation - format (To be filled up by the Tenderer)

For technical / Commercial Bid Date :

From ------------------- To: M/s Bharat Petroleum Corporation Ltd (Marketing Division)

Tender No. LPG.HQ.SMS IVRS .2012. Dear Sirs, Having examined the Tender Documents consisting of the NIT, Instructions to Tenderer‟s-Introduction, submission of bids, scope of work, General conditions of contract, Special terms and conditions, list of locations, material / equipment specifications, Time Schedule, Form of Contract, Form of Tender, Form of Schedule of Rates and having understood the provisions of the said Tender Documents and having thoroughly studied the requirements of BPCL related to the work tendered for ,in connection with the Operations and maintenance Services of SMS and IVRS based LPG Refill booking System in BPCL and having conducted a thorough study of the job site(s) involved, for the performance of work.

We also confirm that performance of the web enabled overall system deployed for above work of BPCL shall be such that when user moved from one page to other page it will be instantaneous (i.e. this aspect of performance would be equivalent or comparable with any good Indian banking website).

We also undertake that if required BPCL at its discretion may appoint third

party agency for Inspection and verification of the system to demonstrate the

performance of the system, if required with simulators.

We also undertake that this being the import factor of technical evaluation we have no objection in getting it inspected at our cost for the proposed SMS and IVRS based LPG Refill booking System in line with the requirement of tender for the performance of proposed work in accordance with the terms and conditions.

Confirmation – format

(To be filled up by the Tenderer)

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From

-------------------

To

M/s Bharat Petroleum Corporation Ltd

(Marketing Division)

Tender No- LPG.HQ.SMS.IVRS.2012.

Dear Sirs,

Having examined the Tender Documents consisting of the NIT, Instructions to Tenderer‟s-Introduction, submission of bids, scope of work, General conditions of contract, Special terms and conditions, list of locations, material / equipment specifications, Time Schedule, Form of Contract, Form of Tender, Form of Schedule of Rates and having understood the provisions of the said Tender Documents and having thoroughly studied the requirements of BPCL related to the work tendered for in connection with the , Operations and maintenance Services of SMS and IVRS based LPG Refill booking System in BPCL and having conducted a thorough study of the job site(s) involved, the site conditions, the climatic conditions, labour, power, water, material and equipment availability, the transport and communication facilities, temporary office accommodation and quarters and all other

facilities and things whatsoever necessary for or relative to the formulation of the tender or the performance of work.

I/We hereby confirm that the of the Tenderer to be deployed for above work is located at the following address:

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Confirmation – format

(To be filled up by the Tenderer)


From

----------------------------

To

M/s Bharat Petroleum Corporation Ltd

(Marketing Division)

Tender No. LPG.HQ.SMS.IVRS.2012.

Dear Sirs,

Having examined the Tender Documents consisting of the NIT, Instructions to Tenderer‟s-Introduction, submission of bids, scope of work, General conditions of contract, Special terms and conditions, list of locations, material / equipment specifications, Time Schedule, Form of Contract, Form of Tender, Form of Schedule of Rates and having understood the provisions of the said Tender Documents and having thoroughly studied the requirements of BPCL related to the work tendered for in connection with the , Operations and maintenance Services of SMS and IVRS based LPG Refill booking System in BPCL and having conducted a thorough study of the job site(s) involved, the site conditions, the climatic conditions,labour, power, water, material and equipment availability, the transport and communication facilities, temporary office accommodation and quarters and all other facilities and things whatsoever necessary for or relative to the formulation of the tender or the performance of work.

I/We hereby confirm submission of documentary proof for having a service level agreement (SLA) for 99% uptime of the servers for the proposed SMS and IVRS based LPG Refi l l booking System in l ine with the requirement of tender for the performance of proposed work in accordance with the terms and conditions.

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Confirmation – format (To be filled up by the Tenderer) For technical / Commercial Bid) Date : From To M/s Bharat Petroleum Corporation Ltd (Marketing Division) Tender No. LPG.HQ.SMS.IVRS.2012. Dear Sirs, Having examined the Tender Documents consisting of the NIT, Instructions to Tenderer‟s-Introduction, submission of bids, scope of work, General conditions of contract, Special terms and conditions, list of locations, material / equipment specifications, Time Schedule, Form of Contract, Form of Tender, Form of Schedule of Rates and having understood the provisions of the said Tender Documents and having thoroughly studied the requirements of BPCL related to the work tendered for in connection with the Operations and maintenance Services of SMS and IVRS based LPG Refill booking System in BPCL, and having conducted a thorough study of the job site(s) involved, the site conditions, the climatic conditions, labour, power, water, material and equipment availability, the transport and communication facilities, temporary office accommodation and quarters and all other facilities and things whatsoever necessary for or relative to the formulation of the tender or the performance of work

We undertake and confirm that the list of Regional office / Branch office / Service centre appended below here is true to the best of our knowledge. LIST OF REGIONAL OFFICES / BRANCH OFFICES.

Sr no STATE Name and address of the

/ Regional Branch office.

Contact no

The Tenderer may use extra sheet if required.

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13. PROFORMA OF BANK GUARANTEE

(On non-judicial paper of appropriate value)

To

Bharat Petroleum Corp.Limited E&F Maker Towers, 12th floor Cuffe Parade Mumbai 400 005

Dear Sirs,

M/s ------------ - (hereinafter referred as “BIDDER” / “CONTRACTOR”) (Bidder‟s/Contractor‟s name and address)

have taken tender for the Work of ----------- for -------(Name of work) -------------- --. Bharat Petroleum Corp.Ltd., Mumbai, with registered office in Bharat Bhavan I, 4&6 Currimbhoy Road, Ballard Estate, Mumbai 400 001, India, (hereinafter referred as “OWNER”). The tender condition provide that the BIDDER / CONTRACTOR shall pay a sum of Rs. ………………………………………. (Rupees ) as earnest money / initial / full security deposit includes guarantee executed by schedule „A‟ Bank, undertaking full responsibility to indemnify owner in case of default. The BIDDER/CONTRACTOR have approached us and at their request and in consideration of the premises, we ____ having our office at (hereinafter referred as “GUARANTOR”) have agreed to give such guarantee as hereinafter mentioned.

1. GUARANTOR hereby undertake and agree that if default shall be made by

BIDDER/CONTRACTOR in performing any of the terms and conditions of the tender,

GUARANTOR do hereby irrevocably bind themselves and undertake to pay the OWNER on first demand in writing by OWNER without protest or demur or proof or condition and without reference to the BIDDER/CONTRACTOR, the said amount of Rs. .. (Rupees_ ).

2. OWNER will have the full liberty without reference to GUARANTOR and without effecting this guarantee to postpone for any time or from time to time the exercise of any of the powers and rights conferred on OWER under the tender with the said BIDDER / CONTRACTOR and to enforce or to forbear from endorsing any powers or rights or by reason of time being given to the said BIDDER / CONTRACTOR which under law relating to the sureties would but for provision have the effect of releasing the GUARANTOR.

3. OWNER will have the right to recover the said sum of Rs.----------------------(RUPEES __) from GUARANTOR in manner aforesaid and such rights will not be affected or suspended by reason of the fact that any dispute or disputes have been raised by the said BIDDER/CONTRACTOR and or that any dispute or disputes are pending before any officer, tribunal or court.

4. The guarantee herein contained shall not be determined or affected by the liquidation or winding up, dissolution or change of constitution or insolvency of the said . (Bidder‟s/Contractor‟s name.)

5. GUARANTOR‟S liability under this guarantee is restricted to Rs. (Rupees __). This guarantee shall remain in force until unless a (3 months beyond bid validity) demand under guarantee is made against GUARANTOR within the aforesaid date, in which even the validity of this bank guarantee

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shall automatically be extended for another 2 (two) months, all rights under the said guarantee shall be forfeited and GUARANTOR shall be relieved and discharged from all liabilities thereunder.

6. GUARANTOR have power to issue this guarantee in your favour under Memorandum and Articles of Association and the undersigned has full power to do under the Power of Attorney dated granted to him by the Bank.

ours faithfully,

_Bank by its Constituted Attorney

Signature of a person duly authorized to sign on behalf of the bank

NOTE : In case of earnest money, BIDDER shall be applicable and in case of initial / full security deposit, CONTRACTOR shall be applicable.

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Between

14. INTEGRITY PACT (To be executed on plain paper and applicable for all tenders of value above Rs. 1 crore)

Bharat Petroleum Corporation Limited (BPCL) hereinafter referred to as "The Principal", And …………………..………………………..hereinafter referred to as "The Bidder/Contractor/Supplier"

Preamble

The Principal intends to award, under laid down organization procedures, contract/s for SMS and IVRS based LPG Refill booking. The Principal values full compliance with all relevant laws and regulations, and the principles of economic use of resources, and of fairness and transparency in its relations with its Bidder/s, Contractor/s and Supplier/s. In order to achieve these goals, the Principal cooperates with the renowned international Non-Governmental Organisation "Transparency International" (TI). Following TI's national and international experience, the Principal will appoint an Independent External Monitor who will monitor the tender process and the execution of the contract for compliance with the principles mentioned above.

Section 1 - Commitments of the Principal

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

following principles: a) No employee of the Principal, personally or through family members, will in connection with the tender, or the execution of the contract, demand, take a promise for or accept, for himself/herself or third person, any material or immaterial benefit which he/she is not legally entitled to. b) The Principal will, during the tender process, treat all Bidders with equity and reason. The Principal will, in particular, before and during the tender process, provide to all Bidders the same information and will not provide to any Bidder confidential / additional information through which the Bidder could obtain an advantage in relation to the tender process or the contract execution. c) The Principal will exclude from the process all known prejudiced persons.

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

under the relevant Anti-Corruption Laws of India, or if there be a substantive suspicion in this regard, the Principal will inform its Vigilance Office and in addition can initiate disciplinary actions.

Section 2 - Commitments of the Bidder / Contractor / Supplier

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

He commits himself to observe the following principles during his participation in the tender process and during the contract execution. a) The Bidder / Contractor/Supplier will not, directly or through any other person or firm, offer, promise or give to any of the Principal's employees involved in the tender process or the execution of the contract or to any third person, any material or immaterial benefit which he/she is not legally entitled to, in order to obtain in exchange, any advantage of any kind whatsoever during the tender process or during the execution of the contract.

b) The Bidder / Contractor/Supplier will not enter with other Bidders into any undisclosed agreement or understanding, whether formal or informal. This applies in particular to prices, specifications, certifications, subsidiary contracts, submission or non-submission of bids or any other actions to restrict competitiveness or to introduce cartelization in the bidding process.

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c) The Bidder / Contractor/Supplier will not commit any offence under the relevant Anti-Corruption Laws of India; further the Bidder / Contractor/Supplier will not use improperly, for purposes of competition or personal gain, or pass on to others, any information or document provided by the Principal as part of the business relationship, regarding plans, technical proposals and business details, including information contained or transmitted electronically. d) The Bidder / Contractor/Supplier will, when presenting his bid, disclose any and all payments he has made, is committed to, or intends to make to agents, brokers or any other intermediaries in connection with the award of the contract.

(2) The Bidder / Contractor/Supplier will not instigate third persons to commit offences outlined above or be an accessory to such offences.

Section 3 - Disqualification from tender process and exclusion from future contracts

If the Bidder, before contract award, has committed a transgression through a violation of Section 2 or in any other form such as to put his reliability or credibility as Bidder into question, the Principal is entitled to disqualify the Bidder from the tender process or to terminate the contract, if already signed, for such reason.

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

as to put his reliability or credibility into question, the Principal is also entitled to exclude the Bidder / Contractor/Supplier from future contract award processes. The imposition and duration of the exclusion will be determined by the severity of the transgression. The severity will be determined by the circumstances of the case, in particular the number of transgressions, the position of the transgressors within the company hierarchy of the Bidder and the amount of the damage. The exclusion will be imposed for a minimum of 6 months and maximum of 3 years.

(2) A transgression is considered to have occurred if the Principal after due consideration of the available evidences, concludes that no reasonable doubt is possible.

(3) The Bidder accepts and undertakes to respect and uphold the Principal's absolute right to resort to and impose such exclusion and further accepts and undertakes not to challenge or question such exclusion on any ground, including the lack of any hearing before the decision to resort to such exclusion is taken. This undertaking is given freely and after obtaining independent legal advice.

(4) If the Bidder / Contractor/Supplier can prove that he has restored / recouped the damage caused by him and has installed a suitable corruption prevention system, the Principal may revoke the exclusion prematurely.

Section 4 – Compensation for Damages

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

Section 3, the Principal is entitled to demand and recover from the Bidder liquidated damages equivalent to Earnest Money Deposit/Bid Security.

(2) If the Principal has terminated the contract according to Section 3, or if the Principal is entitled to terminate the contract according to Section 3, the Principal shall be entitled to demand and recover from the Contractor/Supplier liquidated damages equivalent to Security Deposit / Performance Bank Guarantee.

(3) The Bidder agrees and undertakes to pay the said amounts without protest or demur subject only to condition that if the Bidder / Contractor/Supplier can prove and establish that the exclusion of the Bidder from the tender process or the termination of the contract after the contract award has caused no damage or less damage than the amount of the liquidated damages, the Bidder /

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Contractor/Supplier shall compensate the Principal only to the extent of the damage in the amount proved.

Section 5 - Previous Transgression (1) The Bidder declares that no previous transgression occurred in the last 3 years with any other

Company in any country conforming to the TI approach or with any other Public Sector Enterprise in India that could justify his exclusion from the tender process.

(2) If the Bidder makes incorrect statement on this subject, he can be disqualified from the tender process or the contract, if already awarded, can be terminated for such reason.

Section 6 - Equal treatment of all Bidders / Contractors / Suppliers / Subcontractors

(1) The Bidder/Contractor/Supplier undertakes to demand from all subcontractors a commitment in

conformity with this Integrity Pact, and to submit it to the Principal before contract signing. (2) The Principal will enter into agreements with identical conditions as this one with all Bidders,

Contractors/Suppliers and Subcontractors. (3) The Principal will disqualify from the tender process all Bidders who do not sign this Pact or violate its

provisions. Section 7 – Punitive Action against violating Bidders / Contractors / Suppliers / Subcontractors

If the Principal obtains knowledge of conduct of a Bidder, Contractor, Supplier or Subcontractor, or of an employee or a representative or an associate of a Bidder, Contractor, Supplier or Subcontractor which constitutes corruption, or if the Principal has substantive suspicion in this regard, the Principal will inform the Vigilance Office.

Section 8 - Independent External Monitors

(1) The Principal has appointed competent and credible Independent External Monitors for this Pact. The task of the Monitor is to review independently and objectively, whether and to what extent the parties comply with the obligations under this agreement.

(2) The Monitor is not subject to instructions by the representatives of the parties and performs his functions neutrally and independently. He reports to the Chairperson of the Board of the Principal.

(3) The Bidder/Contractor/Supplier accepts that the Monitor has the right to access without restriction to all Project documentation of the Principal including that provided by the Bidder / Contractor / Supplier. The Bidder / Contractor / Supplier will also grant the Monitor, upon his request and demonstration of a valid interest, unrestricted and unconditional access to this project documentation. The same is applicable to Subcontractors. The Monitor is under contractual obligation to treat the information and documents of the Bidder/Contractor/Supplier/ Subcontractor with confidentially.

(4) The Principal will provide to the Monitor sufficient information about all meetings among the parties related to the Project provided such meetings could have an impact on the contractual relations between the Principal and the Bidder/Contractor/Supplier. The parties offer to the Monitor the option to participate in such meetings.

(5) As soon as the Monitor notices, or believes to notice, a violation of this agreement, he will so inform the Management of the Principal and request the Management to discontinue or heal the violation, or to take other relevant action. The Monitor can in this regard submit non-binding recommendation. Beyond this, the Monitor has no right to demand from the parties that they act in a specific manner, refrain from action or tolerate action. However, the Independent External Monitor shall give an opportunity to the Bidder / Contractor / Supplier to present its case before making its recommendations to the Principal.

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

10 weeks from the date of reference or intimation to him by the 'Principal' and, should the occasion arise, submit proposals for correcting problematic situations.

(7) If the Monitor has reported to the Chairperson of the Board a substantiated suspicion of an offence under relevant Anti-Corruption Laws of India, and the Chairperson has not, within reasonable time, taken visible action to proceed against such offence or reported it to the Vigilance Office, the Monitor may also transmit this information directly to the Central Vigilance Commissioner, Government of India.

(8) The word 'Monitor' would include both singular and plural. Section 9 - Pact Duration This Pact begins when both parties have legally signed it. It expires for the Contractor/Supplier 12 months after the last payment under the respective contract, and for all other Bidders 6 months after the contract has been awarded. If any claim is made / lodged during this time, the same shall be binding and continue to be valid despite the lapse of this pact as specified above, unless it is discharged / determined by Chairperson of the Principal. Section 10 - Other provisions (1) This agreement is subject to Indian Law. Place of performance and jurisdiction is the

Registered Office of the Principal, i.e. Mumbai. The Arbitration clause provided in the main tender document / contract shall not be applicable for any issue / dispute arising under Integrity Pact.

(2) Changes and supplements as well as termination notices need to be made in writing. Side agreements have not been made. (3) If the Bidder/Contractor/Supplier is a partnership or a consortium, this agreement must be

signed by all partners or consortium members. (4) Should one or several provisions of this agreement turn out to be invalid, the remainder of this agreement remains valid. In this case, the parties will strive to come to an agreement to their original intentions. ……………………… ……………………………………… For the Principal For the Bidder/Contractor/Supplier

Place ……………… Witness 1 :

……………… (Signature/Name/

Address)

Date ………………. Witness 2 :

…………… (Signature/Name/Address Names, Addresses and Contact Numbers of Independent External Monitors

Sr. No. Name of IEM Address Telephone Nos.

1.

Shri JANKI

BALLABH

FlatNo.605, Versova Vinayak Co-Op.

Hsg. Soc.,HSG Plot No.8, Near Versova

Telephone Exchange Versova, Andheri

(West) Mumbai 400 053.

022-2635 3456 (Res,)

Mobile: 98333 63066

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15. FORMAT OFPRICE BID

Cost Incurred: Description of Items

Qty.

Unit

Unit Rate (INR) Amount (INR)

Figures Words Figures

Cost: Slab 1: Refill booking cycle

1 to 4 Cr PA per booking cycle

4 Cr. Nos.


4 to 7 Cr PA per booking cycle

3 Cr. Nos.


> 7 Cr PA per booking cycle

3 Cr. Nos.

Revenue Earned: Description of Items

Qty.

Unit

Unit Rate (INR) Amount (INR)

Figures Words Figures

Discount: Slab 1: Refill booking

cycle 1 to 4 Cr PA per booking

cycle

4 Cr. Nos.


cycle 4 to 7 Cr PA per booking

cycle

3 Cr. Nos.


cycle > 7 Cr PA per booking cycle

3 Cr. Nos.

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

The price shall be calculated net of cost incurred by the bidder and the revenue earned by

bidder. The price can be either be positive, zero, negative. Evaluation of the tender shall be

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

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

considered for price evaluation.

TENDER FOR AWARD OF CONTRACT FOR SMS AND IVRS BASED … · 2013-12-02 · Performa of Bank...

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Transcript of TENDER FOR AWARD OF CONTRACT FOR SMS AND IVRS BASED … · 2013-12-02 · Performa of Bank...