INDIAN OIL CORPORATION LIMITED - Oil and Gas … · bharat petroleum corporation limited ... invitation of e-tender in two part bid for supply of ... declaration on letterhead we

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

SEWREE (E), MUMBAI - 400 015

E-TENDER FOR SUPPLY OF 375 LACS ‘O’ RINGS FOR SC VALVE TO VARIOUS LOCATIONS

TECHNICAL BID

TENDER NO : CRFQ 1000291178 DATED 11.10.2017

DUE ON: 27.10.2017AT 1300 HRS

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CRFQ : 1000291178 11.10.2017 M/s. Dear Sir/Madam, SUBJECT: INVITATION OF E-TENDER IN TWO PART BID FOR SUPPLY OF ABOUT 375 LAKH NOS ‘O’ RINGS FOR SC VALVES (TENDER NO. CRFQ: 1000291178 DUE ON 27.10.2017 AT 1300 HRS.)

You are invited to submit your offer in two parts bid (on line Technical bid and Price bid) for supply of about 375 Lakhs nos of ‘O’ Rings for SC Valve as per the Drawing enclosed herewith. Please find enclosed the following set of annexures:

Annexure I - Instructions to Tenderer Annexure II - Technical Specifications of ’O’ Rings for SC Valve

Annexure III - Drawings 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 the tender document. Tender documents (technical bid) 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.

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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 -------

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The tender document is not transferable.

Integrity Pact -

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

with the bid documents (Credential Bid in case of 2 part bids), duly signed by the same signatory who is authorized to sign the bid documents. 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.

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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.

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 are as follows:

Shri. S.S.N. Moorthy GFQ, Ist Floor, B. Block, Summit Apts, Mettupalayam Road, Coimbatore - 641 043 Email id - [email protected] Mobile no - 09500998610

Shri. Shantanu Consul No.9MCHS (IAS Officers Colony), 16th Main, 5th C Cross, BTM 2nd stage, Bangalore – 560 076 Email id - [email protected] Mobile no - 09740069318

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 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

mailto:[email protected]


TENDER NO: CRFQ : 1000291178 ANNEXURE I

INSTRUCTIONS TO TENDERER

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1. Competitive offers are invited from the manufacturers of ’O’ Rings for SC Valve for the sale and delivery of 375 Lakhs nos ’O’ Rings on the terms and conditions contained herein.

2. The tender is for a period of 1 Year from the date of finalisation of the tender, and

may be extended for a period up to 6 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. BPCL at its sole discretion may re-allocate / shift the quantities from one plant to another plant / state to state / region to region in case of change in demand / urgent requirement.

4. 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.

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

erasures or over writing should be attested under full signature(s) of the Tenderer. 6. 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. 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.



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7. 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.

8. LANGUAGE OF BID:

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

9. Quantity offered has not been asked for separately. Vendors are advised to quote 100% quantity and all the states taking into consideration their production capacity and prior commitments. Once quoted, it will be considered as quantity offered. 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. The bidder should not quote if total quantity mention in tender exceeds their supply capacity.

10. The rates quoted should not have any other restrictions. Incomplete offers 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.

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

a) PAN Nos and Audited Balance sheet and statement of P&L A/c for the

years 2014-15, 2015-16 and 2016-17. b) Certified copies of GST Registration certificate. c) Certified copies of Registration certificate under NSIC / MSME / UAM. d) Declaration on your letter head of having a legally valid digital signature

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

documents. 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.



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12. Tender documents along with all enclosures shall be uploaded online. 13. 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.

14. 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.

15. 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.

16. First Technical bids followed by Techno-Commercial bids of all bidders will be evaluated. Price bid of only those vendors will be opened who qualify Technical bid & Techno-Commercial bids.

17. 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 O rings 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 Net

Delivered Price (NDP) calculated less input tax credit, if any, available to BPCL and the net cost to BPCL is minimum. 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 total overall lowest landed cost for all the states put together and 100% quantity will be offered to L1 bidder.



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f. With a view to discourage cartelisation if any, in the event that same rate is quoted by 2 or more tenderers for any plant and even if they are acceptable to BPCL, BPCL is not bound to either accept all such offers or to equally distribute the plant’s requirement for O rings amongst the tenderers who have quoted the same rate.

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 O rings,

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

18. 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.

19. 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.

20. 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

21. The evaluation of the tenders, will be based on the Net Delivered Price (NDP) calculated less input tax credit, if any, available to BPCL. The award of job will be based on total overall lowest landed cost for all the states put together and 100% quantity will be offered to L1 bidder.

22. 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.



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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:

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.

23. The price payable shall remain firm for the entire contract period and no

escalation/de-escalation shall be permitted for any reason.



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24. 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.

Input GST Tax Credit (ITC) available, if any

ii. BPCL shall calculate the net delivered price (NDP) per O ring for each State for each tenderer by adding:

Freight quoted

GST rate as applicable and declared by the tenderer

to the basic price per O ring quoted by the tenderer. “Net cost to BPCL” equal to net delivered price [NDP] as calculated above less input GST tax credit shall form the basis for selection of tenderers for placement of order.

Net cost to BPCL = NDP – GST 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.

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

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

27. 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.

28. Anti-competitive agreements/abuse of dominant position: The Competition Act, 2422 as amended by the Competition (Amendment) Act, 2427 (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)



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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.

29. 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.

30. 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



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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.

31. Anti-Profiteering Declaration as per following duly filled up, signed and stamped with company seal to be submitted.

ANTI-PROFITEERING DECLARATON FORMAT

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



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32. 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 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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33. State-wise estimated requirement of ‘O’ Rings are as mentioned below.

Sr. No. State / Region Requirement in nos

1 Jammu & Kashmir 1,00,000

2 Punjab 21,00,000

3 Rajasthan 25,00,000

4 Haryana 25,00,000

5 Uttar Pradesh 50,00,000

6 Uttarakhand 3,50,000

7 Assam 2,00,000

8 Bihar 15,00,000

9 West Bengal 12,00,000

10 Orissa 6,00,000

11 Chattisgarh 3,00,000

12 Madhya Pradesh 15,00,000

13 Maharashtra (including Mumbai) 76,00,000

14 Goa 1,50,000

15 Gujarat 18,00,000

16 Tamil Nadu 35,00,000

17 Telangana 10,00,000

18 Karnataka 25,00,000

19 Kerala 18,00,000

20 Andhra Pradesh 13,00,000

Total Annual Requirement 3,75,00,000

As per BPCL record, HSN code for O ring is 4006. 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 all the states. b) The bidder should not quote for quantities which exceeds their supply capacity. c) BPCL at its sole discretion may re-allocate / shift the quantities from one plant to another plant / state to state / region to region in case of change in demand / urgent requirement.



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34. 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 term “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 “UT” in the appropriate context means Union Territory

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

The term “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

The term “VAT” in the appropriate context means Value Added Tax

The term “ITC” in the appropriate context means Input Tax Credit

TENDER NO: CRFQ : 1000291178 ANNEXURE II

TECHNICAL SPECIFICATIONS

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A) COMPOUND FOR JOINT PACKINGS (‘O’ RINGS) 1. The component should be manufactured as per drawing no. 24226 - C dated

07.04.2014 out of Nitrile Rubber compound approved by LPG Equipment Research Centre, Bangalore.

2. Hardness: The hardness of the component should be 60 + 3 IRHD. 3. The individual batch of compound should be certified for compliance to the

formula and proper records are to be maintained. The compliance can be checked by means of any of the following parameters:

Specific Gravity

Hardness

Cure Characteristics 4. The compound should be properly compounded for resistance to LPG,

resistance to atmospheric degradation particularly for Ozone, low compression set and optimum physical properties as specified.

5. No other polymers should be blended and Non-black fillers like clay, talc or

whiting should not be compounded. 6. The compound should be inspected for proper dispersion of the chemicals and

contamination with any foreign particles. 7. Sufficient ageing time should be given to the compound before moulding and the

compound should be properly identified while storage and should be used before the onset of vulcanisation.

8. Mixing, Moulding, Finishing and Packing operations shall be carried out in areas isolated from each other so as to avoid contamination.

B) BASIC MINIMUM FACILITIES REQUIRED I) RAW MATERIAL STORAGE

- Covered storage space for storage of raw materials with proper identification.

II) COMPOUNDING

- Calibrated Weigh Scales of suitable capacities to weigh compounding ingredients.

III) MIXING (Minimum requirement)

- Two Roll Mixing Mill with spill trays, cooling system for rollers and cut-off mechanism for safety of the operators.



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- The Mixing area shall be isolated from other operations so as to avoid contamination of cured compound and have dirt free environment while moulding.

IV) MOULDING - Hydraulic or Manual Fly presses with calibrated temperature indicators

for each platen. - Timer with audio alarm indication or stop watch to ensure time of

moulding. - Handling Tables with smooth surface (Wood not recommended) so as

to avoid any foreign particle contamination - Moulding dies with proper identification so as to indicate the date of

first use.

V) FINISHING - Trimming motors with suitable buffing stones and chucks. The area

shall be well lit. Facilities like forced air cleaning of the finished products.

VI) TEST FACILITIES

- DUROMETER (Hardness Tester) Shore A or IRHD. - Sp. Gravity Balance or Sp. Gravity solutions with Hydrometer. - Tensile Tester - Compression set Apparatus with 4.72 mm spacers (13mm x 6.3mm

moulded buttons to be tested) and 5 mm spacers (finished O Ring samples to be tested).

- Calibrated Vernier Calliper. - Calibrated Dial gauge, Plug Gauges (Go / No Go Gauges) with 40 gm

weight for checking dimension accuracy of components. - Magnifying Lens for visual inspection.

VII) MAN POWER - Each unit must employ at least one full time Rubber Chemist with a

minimum qualification of Diploma/Degree in Rubber Technology or equivalent.



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C) PROCESS PARAMETERS TO BE FOLLOWED I) RAW MATERIALS: 1. Raw Materials of established brands like Bayer, to be purchased from

renowned sources. Test certificates wherever applicable from the supplier shall be obtained.

2. Materials to be stored in such a way so as to avoid cold flow of rubbers, degradation and contamination of chemicals. Chemicals like accelerators and Anti-oxidants are prone for degradation if exposed to higher temperatures. Such chemicals shall be stored in cool and dry places or purchased in smaller volumes to avoid degradation during storage.

3. Powder or liquid chemicals to be stored in closed conditions with proper identification and shelf life indication.

4. Storage area shall be covered without exposure to sunlight or rain. 5. Record of raw material receipt along with test reports to be maintained. II) COMPOUNDING: 1. The compounders shall be educated and trained on the usage of the right

chemicals at the correct proportions. They shall be able to identify the individual chemicals by trade name or code no.

2. Every batch of rubber and chemical compounded shall be certified for its ingredients and weight before taken up for mixing.

III) MIXING 1. The procedure of mixing shall be established and practiced. 2. The mixing shall be in two stages i.e. Master Batch and Final Batch.

Sequence of addition for Master Batch shall be Mastication of Raw Rubber > addition of other Master Batch chemicals (Carbon black, Zinc Oxide, Stearic Acid, Anti-oxidants / ozonants etc.) along with parts of process aids like DOP oil. The rubber shall be blended continuously till a uniform smooth sheet with proper dispersion of chemicals is achieved. The Master batch thus mixed shall be identified and stored with code no. and date and shift of mixing.

3. After sufficient ageing as determined, the master batch shall be taken up for final batch mixing with Accelerators, Sulphur etc., The mixed compound shall be identified as mentioned in Para 2 above.

4. Single stage mixing can be performed for batch weights less than 10 Kgs. But sufficient temperature control shall be maintained on the mill rollers and the banded rubber, while addition of curatives.

5. The final batch compound shall be taken up for moulding only after sufficient ageing time as determined.

6. Identification may be either directly on the sheets at regular intervals throughout a sheet or with tags/identification slips.



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IV) MOULDING 1. The dies before taken up for use shall be certified for cavity-wise dimensional

accuracy. The die shall have a unique Identification no. and the pins (cavities) are identified with Manufacturers Name, Cavity No., Period (half yearly / biennial) of Manufacture. Records on the history of moulds used shall be maintained.

2. Apart from the above, on a daily basis minimum one set of components shall be moulded and checked for dimensional accuracy for all the dies in use and records maintained for the same. Individual cavities not capable of giving quality components to be removed and replaced with new pins. Such corrective and preventive action records to be maintained.

3. Moulding Temperature and Time to be established so as to ensure Optimum Curing (Min. 90 % of cure) of the components.

4. Preformed sheets of specific weights to be cut and kept ready. 5. Care shall be taken to avoid any foreign particle contamination on to the pre-

forms. 6. Cavities of the mould shall be cleaned and any cured remains to be removed

before placing the pre-form sheet. 7. Sufficient breathing strokes to be given for release of air pockets and to

facilitate better flow of the rubber into the cavities. 8. Temperature of the platens to be digitally displayed and monitored frequently. 9. Specified moulding time shall be given by monitoring a timer. 10. The moulded sheets shall be stripped out using blunt tools to avoid damage to

the dies. 11. The operators to monitor quality of the moulding by visual inspection for under

fills, thickness of the sheet or any other defects and inform concerned in case of repeated defects. Such non-conforming mouldings shall be removed from the lot and stored separately.

12. The mouldings of an operator shall be accumulated separately and identified with unique codes that would establish the operator, shift and date of operation.

13. Excessive use of mould release agents may lead to under fill of the components, hence to be avoided.

V) TRIMMING (FINISHING) 1. A specific team of trimming workers shall take up a batch of mouldings as

mentioned above for trimming. 2. Buffing Stones and emery used shall be frequently checked and replaced. 3. The workers shall be properly trained to carry out trimming without either

buffing too much or leaving untrimmed flashes. 4. Trimmed Components to be checked for visual defects and removed. 5. Components trimmed by a team of workers shall be collected and identified

separately.



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6. The efficiency of the workers carrying out trimming shall be frequently monitored.

7. The components shall be cleaned by way of air flushing or any other means to remove the trimmed remains.

VI) INSPECTION AND PACKING 1. Skilled labourers shall be employed for inspection of the finished component. 2. 100 % Visual inspection shall be carried out and defective components to be

removed. 3. A system of monitoring the team of people based on their performance of

moulding and trimming shall be implemented. 4. Quality components after dimension checks shall be packed and the inspector

shall sign the inspection slip along with details of date/shift/operator and a unique code that can be traced to the trimming, moulding and mixing operations.

5. The weight of 1000 nos O rings packed in a polythene bag shall be between 680 to 720 grams (including the wt of the bag of min 40 microns)

D) PROCESS VERIFICATION CHECKS The process and verification that should be employed is provided by means of a flow chart: PROCESS VERIFICATION EXERCISE COMPOUNDING Certification for ingredients / weight COMPOUND MIXING Mould Hardness Buttons and check

Hardness. Sp. Gravity of compounds to be checked. Compounds not meeting the requirement shall be rejected. Record to be maintained for compound verification exercise.

MOULDING DIE CAPABILITY – Every day cavity

wise components to be moulded and checked for dimensional accuracy. Defective cavities (pins) shall be replaced or the cavity blanked and such corrective actions shall be recorded. Defective pins shall be at



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once removed and destroyed records for the same to be maintained. This shall be done for all the moulds in use.

PROCESS VERIFICATION - Every

sheet of mouldings shall be inspected visually by the operator and to possible extent defective components to be removed.

TRIMMING Visual Inspection by operators. INSPECTION AND PACKING 100 % visual inspection for defects

and segregation. Rejected components shall be identified and destroyed.

A minimum of 10 samples per

thousand components shall be checked for dimensions. Even if 1 sample is found failing, 10 more samples shall be tested. If further failures are observed, the set of components to be verified 100 % for dimensions and defective components to be segregated.

E) TYPE TESTS RUBBER COMPOUND 1. The formula of the Rubber compounds as approved by LERC shall be frozen

and recorded. (Code nos. may be used for the Raw materials). 2. The rubber compounds shall be tested for Type tests as per frequencies given

below:

Sr No Test Frequency

1 Resistance to Ozone (50 pphm for 72 hrs)

Twice an Year

2 Tensile Strength & Elongation (Unaged)

One sample per week (Min.)

3 Tensile Strength & Elongation (After ageing at 100 deg. C for 72 hrs)

One sample every 6 months (min.)



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4 Compression Set (unaged)

@ Room Temperature for 24 hrs @ 100 deg C for 24 hrs

Once a week Once a month

5 Resistance to n-Pentane Once a month

6 Specific gravity Every Batch

7 Hardness Every batch

Test results shall be recorded along with details of corrective action taken. If samples are not meeting the requirement, more samples shall be tested. If repeated failures are observed, production shall be stopped, defective compounds to be discarded and to carry out a detailed investigation to identify the cause of failure. Only after corrective actions are taken, the production shall be resumed. Records shall be maintained as objective evidence for the same. Type test records should be sent to CLEM’s Office, once every quarter for review. Components produced out of the failed compound shall be traced and discarded from the supplies. Strict control on the quality of the rubber compound is a must for ensuring supply of quality products. Although the above is stipulated as a minimum requirement, Vendors shall define their own systems for ensuring quality of compounds under use. F) RECORDS TO BE MAINTAINED 1. Raw Material receipts and test reports. 2. Rubber Compound – Hardness and sp. gravity record for all batches mixed. 3. Record of history of Dies (on a daily basis). 4. Monitoring record for temperature of platens of presses at specified

frequencies. 5. Department-wise production record. 6. Inspection record for all dispatches (Both visual and dimension checks) (every

1000 nos.) 7. Type tests – Record of values of compound batch nos. tested or certificate of

the external testing agency. 8. Order and dispatch details to Industry locations



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G) INSPECTION PLAN FOR JOINT PACKINGS ( ‘O’ RINGS )

1) DIMENSIONAL CHECK :( Refer Drawing No. 24226 - C dt. 07.04.2014)

a. Outer Diameter (15.3+/-0.1mm) and Inner Diameter (9.3+0.05/-0.1mm)

No. of pcs to be inspected shall be in accordance to the following

1. Lot Size 10001 -33750 pcs: 200 samples drawn on Random Basis 2. Lot Size 33751 -137500 pcs: 315 samples drawn on Random Basis

Dimension Gauge / Instrument

Outside Diameter 15.3 +/- 0.1 mm Profile Projector / Go - No Go Splice Gauge

Diameter 9.3 + 0.05 / -0.1 mm (To be measured in a ring of dia 15.2 mm )

GO – NOGO Plug Gauge

The above sampling plan is in accordance with IS: 2375 part 1 1973, Table1 and Table 3A for inspection level II. In case of failure of the first sample, repeat sampling may be done. Based on the results / acceptance / rejection criterion as per IS 2375, the lot shall be accepted /rejected. In case the lot is taken for refinishing, the fresh samples shall be drawn for inspection.

b. Height (6.7+/-0.1mm) The scheme for inspection will be as per IS 2375(part II) – 1965 Table 1, Table 3 and Table 5. The detail of the scheme is as follows:

LOT size 10001 and above

Sample drawn (random basis) 40

Inspection level IV

Sample size code M

AQL (acceptable quality limit) 6.5

UCL (upper control limit) 6.80

LCL (lower control limit) 6.60

k’ (coefficient of standard deviation) 1.18

The gauge to be used shall be:

Dimension Gauge / Instrument

Total Height 6.7 + 0.1mm Dial Gauge set up with 40 gms. Pressure



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Scheme for carrying out the inspection shall be as follows:

1. Out of every lot of 10001 and above select 40 pcs randomly. 2. Record the height of these drawn samples as x1 = _____, x2 = _____,

x3 = _____ up to x40 = ______ . 3. Calculate the standard deviation of the recorded values using the formula as

I. Find the mean, , of the values where N = 40.

II. Find deviation for each recorded values as

III. Calculate the squares of each deviations.

IV. Find the mean of the squared deviations as σ2. This quantity is the

variance.

V. Take the square root of the variance called the standard deviation.

VI. The LOT will be accepted only if the formula yields the following results:

( σ / 0.2 ) < 0.323

( + k’ x σ ) < 6.8

( - k’ x σ ) > 6.6

VII. All the LOT shall be tested as per the scheme before dispatches and shall be maintained in formats for all the LOTs supplied.

Record of the above lot inspection shall be sent to CLEM’s office once every quarter along with the type test records for review. 2) VISUAL INSPECTION : All the joint packing shall be visually inspected for moulding defects, cuts, and untrimmed flashes.



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3) COMPRESSION SET TESTS ON FINISHED SAMPLES Compression set Tests as per ASTM D-395 / IS 3400, as detailed below, shall be conducted by the vendor on the finished ‘O’ ring samples drawn from the LOT ready for despatch (@ min 3 pcs from a LOT),

For Un-aged samples on weekly basis

1. At Room Temperature for 24+/-2 hrs, 25 % Def., 30 min recovery-Acceptable value 10 max. 2. At 1000C for 24 +/- 2 hrs, 25% Def., 30 min recovery- Acceptable value 20 max.

4) RESISTANCE TO N-PENTANE TEST ON FINISHED SAMPLES At least 10 samples shall be tested for Resistance to N Pentane as per IS 9573:1998, minimum once a week. NOTE: Manufacturer’s are required to –

1. Maintain records for the above inspection and the same should be available for scrutiny for our inspection staff.

2. Provide test certificate in the prescribed format for the finished joint packing

supplied in each consignment. A copy of these test certificates should be maintained for record.

5) WEIGHT OF 1000 PCS

The average weight per O ring shall be 0.700 +/- 0.020 gms. The average weight of a O ring shall be established by weighing 100 nos on a Electronic Weighing scale. The specification of the Weighing scale shall be as under: Range : 1000 gms Least Count: 0.1 gm



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H) Quality Assurance Plan Tests which shall be conducted at LERC on the supplies made to plants. The samples shall be drawn on Random basis by the Plant.

Test on finished O Ring samples (unaged) as per the following details 1. Compression Set Test

a. At room Temperature for 24+/-2 hrs, 25 % Def. , 30 min recovery i. Acceptable values: 10 max

b. At 1000C for 24 +/- 2 hrs, 25% Def., 30 min recovery. i. Acceptable values: 20 max

2. Resistance to N- pentane ,as per IS 9573:1998 a. % Absorbed, Acceptable value : 10 max b. % Total extracts, Acceptable value : 5 max

3. Material composition 4. Leak test 5. Dimensional check

In case of any failure observed during the testing at LERC For any time of failure like in Compression Set, Resistance to N-pentane, Material composition & Leak test, Failure in Dimensional Checks, Visual Inspection / Absence of Markings as per drawing etc following action will be initiated against successful bidder :

1. First Failure : The entire lot shall be rejected and Corporation, at its discretion,

may either recover the cost of the material or advice the vendor to replace the rejected material free of cost at the original point of delivery after Corrective action verified by BPCL

2. Second failure : The entire lot shall be rejected and Corporation, at its discretion,

may either recover the cost of the material or advice the vendor to replace the rejected material free of cost at the original point of delivery after Corrective action verified by BPCL. In addition to the same, Warning Letter shall be issued.

3. Third Failure : The entire lot shall be rejected and Corporation, at its discretion,

recover the cost of the material. The Suspension shall be forced for the remaining period of the Tender / contract.

In case of quality failure of the material, the Corporation, at its discretion, may either recover the cost of the material or advice the vendor to replace the rejected material free of cost at the original point of delivery within 30 days from the date of intimation.

Please note in case of rejection of lot, the material will not be returned to the vendor and shall be disposed off as scrap.



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I) QUALITY CONTROL / SUSPENSION

1. 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.

2. Manufacturer should employ manpower required for inspection such that they at least have minimum required skills / qualifications. The in-charge of quality control & production should possess minimum qualification of diploma / degree in rubber technology or equivalent qualification. Information should be promptly forwarded to BPCL in case these key persons looking after critical aspects of production and quality control of are changed.

3. 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.

4. Such suspension orders will be intimated in writing by fax 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.

5. 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.

6. 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.

7. Despite the order of suspension, if the successful tenderer produces and/or despatches O-Rings, 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.



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8. 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.

9. 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.

TENDER NO: CRFQ : 1000291178 ANNEXURE III

DRAWING

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TENDER NO: CRFQ : 1000291178 ANNEXURE IV

TERMS AND CONDITIONS OF AGREEMENT

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TERMS & CONDITIONS OF TENDER / AGREEMENT FOR

PROCUREMENT OF 375 LAKHS ‘O’ RINGS

1. ‘O’ RINGS TO BE SUPPLIED : (a) The successful tenderers on whom Contract/ Purchase Order is placed shall

duly supply ‘O’ Rings for SC Valve 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 ‘O’ Rings for SC Valve 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. However, BPCL reserves the right to increase the contract quantity up to 30% of the original contract quantity and the successful tenderer shall be bound to accept such increase in contract quantity. Any increase over and above 130% of original contract quantity shall be done only after obtaining written confirmation from the successful tenderer.

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

deposit an amount of Rs. 1 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 ’O’ Rings, 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.



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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. 4. PRICE

(a) Price payable per ‘O’ Rings shall be as per 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 and for intra-state movement CGST + SGST is 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 ‘O’ Rings.

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

escalation / de-escalation shall be permitted for any reason. (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.



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5. PAYMENT The following documents should be submitted 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 mentioned above, whichever is later. The payment shall be done through national electronic fund transfer (NEFT). 6. QUALITY CONTROL / INSPECTION Customer-wise inspection of ‘O’ Rings 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 advice 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 ‘O’ Rings to LERC 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 (prorate



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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 O rings 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 O rings 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 O rings at the location. Successful tenderer shall have to furnish a ‘Delivery Completion 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 one month with the applicable Price Reduction (on the portion that would be delivered late)



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@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.

(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 clause 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



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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 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.

a) 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 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).

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

given for submission of Price Bid. d) 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.

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



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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 5% 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.

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



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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 ’O’ Rings 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 ‘O’ Rings 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 ’O’ Rings 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.

(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 ‘O’ Rings, 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 ’O’ Rings/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.



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16. TEST CERTIFICATES (a) The successful tenderer shall prepare at least three copies of test certificates

stating that all the ‘O’ rings supplied are conforming to the requirements/tests specified in Drawing No. 24226-C dated 07.04.2014. 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:

TEST CERTIFICATE FOR ORINGS USED WITH LPG CYLINDERS

Manufacturer’s Name & Address: Certificate No. : _________ Date: _______ Purchaser’s Name: Bharat Petroleum Corporation Ltd. Description : ’O' rings as per BPCL Drawing No. 24226-C dated 07.04.2014. Order No :

Material : Nitrile Rubber. Cavity Nos. : Lot Size:



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Diameter

No of Samples Checked No of samples Acceptable

Internal Dia

External Dia

Height

Parameter Acceptable level Measured Value

( σ / 0.2 ) < 0.323

( + k’ x σ ) < 6.8

( - k’ x σ ) > 6.6

Compression Set

Test Acceptable Value Observation

At Room Temperature for 24+/-2 hrs

10 max i. ii. iii.

At 1000C for 24 +/- 2 hrs 20 max i. ii. iii.

Resistance to N-Pentane Last test carried on date:____________

Parameter Acceptable Limit Observation

Absorption 10 % max

Extractable Matter 5 % max

Weight Average Weight of O-Ring: ________ gms. Quantity Passed:

This is to certify that ‘O’ rings supplied to__________ LPG Bottling Plant/Ware-House vide DC No. _________, dated______, were inspected at our factory in accordance with the inspection plan for ‘O’ rings and they meet the specified requirements.

Quality Control In-charge,

Manufacturer’s Name

Seal



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(c) Any consignment of ‘O’ rings not accompanied by test certificates shall not be

accepted.

17. PACKAGING : (a) 1000 pcs of ‘O’ rings shall be packed in a polythene bag of minimum 40

micron thickness. Each polythene bag shall contain a packing slip indicating the manufacturer’s name, quantity, gross weight, month and year of manufacture, challan no. and date of the packing. Twenty such bags should be packed in a larger high density (HD) water proof plastic woven sack. The manufacturer’s name, quantity, gross weight, challan no. /date of the supply and location to which material is supplied should be written by permanent marker ink/ labeled on HD plastic woven water proof sack.

Further, any damage or loss of ‘O’ rings 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 ’O’ Rings will be despatched 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 ‘O’ Rings 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:



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(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.

(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.

(d) 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 estoppel 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



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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.

(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.



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(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.

(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 1 Year from the date of finalisation of the tender, and may be extended for a period of up to 6 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.

TENDER NO: CRFQ : 1000291178 ANNEXURE V

PARTICULARS OF TENDERER

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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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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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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. 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.

TENDER NO : CRFQ : 1000291178 ANNEXURE VI

DECLARATION FORMS

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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


DECLARATION FORMS

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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.


DECLARATION FORMS

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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.


DECLARATION FORMS

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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.


DECLARATION FORMS

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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. P. Gathoo - Director ( Human Resources) 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. Anant Kumar Singh (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)

TENDER NO : CRFQ : 1000291178 ANNEXURE VII

E – TENDER PROCESS FOR PRICE BID AND DECLARATION

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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 toyou’re 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.

http://www.bharatpetrleum.in/

http://eprocure.gov.in/

https://bpcleproc.in/









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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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Price Bid details : Quantity Offered – a) The bidder should quote 100% Qty for all the states b) Bidder should not quote if total quantities mention in tender exceeds their supply capacity. Basic price of O Ring (In Rs. Per O Ring): 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 O Rings. Freight (In Rs. Per O Ring) : Realistic freight for delivering O Ring 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 O Ring. Total Amount (Rs) : Will be generated by the system based on the earlier input. GST (%) : Realistic GST %, whichever is applicable for bidder, for delivering O Ring 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, will be based on the Net Delivered Price (NDP) calculated less input tax credit, if any, available to BPCL. The award of job will be based on total overall lowest landed cost for all the states put together and 100% quantity will be offered to L1 bidder. It may be noted that the rates / amounts / percentages as entered in the price bid by the vendor will be considered for evaluation & award. Therefore vendors 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 vendor.



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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 O Ring

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 - Instructions to Tenderer Annexure II - Technical Specifications of ’O’ Rings for SC Valve

Annexure III - Drawings 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



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We also enclose herewith:

a. Bank Draft No. _________ dated ________ for Rs. 100000 (One Lah) drawn on __________________ (Bank) in favour of Bharat Petroleum Corporation Limited and payable at Mumbai as EMD.

OR

b. Proof of being a:

Public sector enterprise; or Unit registered with the National Small Scale Industries Corporation for the

manufacture and supply of O Rings 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 Central Excise and Central & State Sales Tax.

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

Performance guarantee of Rs.1 Lakh or 5% of the order value, whichever is lower, within 10 days of LOI and shall supply the O Rings 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 (unless the LOI/order quantity is less than 100000 nos.) on us either

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.



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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:

TENDER NO : CRFQ : 1000291178 ANNEXURE VIII

INTEGRITY PACT

1

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

INTEGRITY PACT

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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 Supply of O Rings. 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 The Principal commits itself to take all measures necessary to prevent

Corruption and to observe the following principles: 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/herselfor third person, any material or immaterial benefit which he/she is not legally entitled to.

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.


INTEGRITY PACT

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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.

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.

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 cartelisation in the bidding process.

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.

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.

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


INTEGRITY PACT

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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

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.

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.

(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,


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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 / 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, Contract or, 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.


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(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.

(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.

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.


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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)

Documents

INDIAN OIL CORPORATION LIMITED - Oil and Gas … · bharat petroleum corporation limited ... invitation of e-tender in two part bid for supply of ... declaration on letterhead we