NOTICE INVITING TENDER FOR THE PROCUREMENT OF ONLINE … FINAL.pdf · ONLINE COLOR ANALYZER SYSTEM 26.02.2016 ONLINE COLOR ANALYZER SYSTEM PROVISION OF ONLINE COLOR ANALYZER ON OVERHEAD

NOTICE INVITING TENDER FOR THE PROCUREMENT OF ONLINE COLOR ANALYZER FOR

CDU-III HOT REFLUX STREAM IN BPCL MUMBAI REFINERY.

REQUEST FOR QUOTATION

CRFQ NO: 1000239988

E-TENDER REF: 5695

TENDER DUE DATE: 12.10.2015

PPP&&&CCCSSS (((MMMUUUMMMBBBAAAIII RRREEEFFFIIINNNEEERRRYYY)))

Material/Services required at:M/s. BHARAT PETROLEUM CORPN. LTDMUMBAI REFINERYMAHUL,MUMBAI - 400074India______________________________________________________________________________________________________________________________________________You are invited to quote online through BPCL E-Procurement websitehttps://bpcleproc.in "on Two-Bid Basis" for above subject as per the enclosedTender Documents.

TWO BID BASIS :

1.UN-PRICED TECHNO COMMERCIAL BID.

Un-priced techno commercial bid shall comprise your technical details andconfirmations to our tender specifications.

Commercial terms shall be clearly mentioned in this bid.

2.PRICED BID.

Priced bid shall contain price/s in the solicited format.

All other terms and conditions appearing on our invitation to bid shall apply.

VALIDITY : Your quotation shall be valid for period of 120 Days from theQuotation due date indicated above.

SUBMISSION OF TENDER ONLINE:

You shall submit / upload your bid along with all required documents, on orbefore the due date by 14.00hrs specified on BPCL E-Procurement websitehttps://bpcleproc.in. maintained by M/s. E-Procurement Technologies Ltd.

For any assistance regarding online submission of bids on BPCL E-Procurementweb site, you may contact Mr. Abhishek Parsai on mobile no. 8655885473 OR 022- 25333278 on all working days(Mon - Fri) between 0900 hrs to 1700 hrs.

BPCL support desk numbers for e-tendering is provided below :BPCL Officers HelpDesk Only ContactMail

To,M/s. BPCL ESTIMATEMUMBAI . India - 400038.Ph:,Fax:.Vendor Code:300648

Quotation Due Date/Time:14.10.2015/14:00:00

For Bharat Petroleum Corporation Ltd.Vendor Sign & Stamp

REQUEST FOR QUOTATION Collective RFQ Number/ Purchase Group 1000239988 / N10-INSTRUMENT ITEMS Contact person/Telephone BLESSINGSON K P/022-2553-3274 Fax : - Email:[email protected] Our ref.:

RFQ No/Date: 6000864271 / 03.09.2015

Page 1 of 8

Mumbai Office 1 022 - 65354113 [email protected]

Mumbai Office 2 022 - 65595111 [email protected]

Mumbai Helpdesk Support 1 022 - 25333278 [email protected]



Hard copies of the bids shall not be submitted,unless specially asked for byBPCL.DEVIATION :

You are requested to have all your queries clarified before bidding. Youroffer shall be in line with tender requirements/ specifications.However, ifyou still have deviations from our RFQ and the attachments (specifications /scope of work / Drawings ) etc. please indicate deviations in your offer in aseparate attachment titled 'DEVIATIONS', appearing in Bid common forms,givingreference to RFQ clause no. Deviations appearing in seperate attachment titled'DEVIATIONS',appearing in Bid common forms, shall only be considered whileevaluating the offer. In case there are no deviations, please submit "NILDEVIATIONS".

Deviations mentioned elsewhere shall not be considered for evauation.

OPENING OF TENDERS:

Both unpriced techno-commercial and priced bid will be opened online which canbe viewed by bidders online through our e-procurement websitehttps://bpcl.eproc.in.

BPCL General Purchase Conditions is enclosed.

BPCL reserves the right to cancel this tender without assigning any reasons._______________________________________________________________________ Item Material Qty Unit Unit Basic Rate

Description Delivery date (in Figures)_______________________________________________________________________00010 60.92.99.420.9 1 set.

ONLINE COLOR ANALYZER SYSTEM 26.02.2016

ONLINE COLOR ANALYZER SYSTEM PROVISION OF ONLINE COLOR ANALYZER ON OVERHEAD NAPHTHA REFULX STREAM AT RMP CDU/VDU-III. EQUIPMENT DETAILS: ONLINE COLOR ANALYZER SYSTEM LOCATION: RMP CDU/VDU-III _________________________________________________________________

Detail Specification & Data-sheet along with other annexures are attached

To:M/s. BPCL ESTIMATE MUMBAI - 400038 India (300648)

For Bharat Petroleum Corporation Ltd.Vendor Sign & StampPage 2 of 8

Item Material Qty Unit Unit Basic Rate Description Delivery date (in Figures)_______________________________________________________________________herewith the tender document.

Unit Basic Rate (In Words) : ____________________________________________________

Excise Duty % : ________ % VAT% : _________ % CST% : ___________ %

Excise tariff no./Chapter id : ______________

Packing & Forwarding Charges : ________ % per unit OR ____________ (INR) per unit

Freight Charges : ________ % per unit OR ____________ (INR) per unit

Third party Inspection charges : ________ % per unit OR ____________ (INR) per unit

Octroi Charges(If applicable) : ________ %

Other charges (if any ) : Please specify separately_______________________________________________________________________00020 Install. & Comm. of Color Analyzer Sys 10.06.2016_______________________________________________________________________ The item 00020 covers the following services: 10 89002890 1 LS

INS-MISWK INSTL&COMM. INST. SY (Lumpsum)

INSTRUMENTS-MISCELLANEOUS WORKSInstallation of various components of the system supplied, as per the approvedschematic/drawing, - as instructed by the Engineer in charge.

Commissioning of the system. Checking of individual components, comprehensivechecking of the system as per the approved procedure.

Service Item 10: Unit basic rate in words ________________________________

_______________________________________________________________________Service Tax%____________ VAT%________________ CST%________________

_____________________________________________________________________________________________________________________________________________________________________________________________________________________ Grand Total (inclusive of all taxes, duties/charges etc) In figure: In Words :

_______________________________________________________________________



TERMS & CONDITIONS_______________________________________________________________________

1.Pricing typesLOCAL VENDOR1. The Price quoted by you should be Firm till completion of RateContract/Purchase Order, whichever is later and should be on FOR /FOT basis.

2. Basic material cost, packing & forwarding charges, excise duty,VAT,anyother taxes & freight charges if applicable shall be clearly indicated inyour quotation.

3. Freight & Octroi: We shall reimburse the freight and Octroi chargesagainst submission of original documentary proof.For octroi reimbursements,Original octroi receipt with Form B shall be submitted. You shall mention % offreight and octroi charges applicable in your offer.

IMPORT VENDOR

Please note that your quotation shall Preferable in US $.Please quote FOB Price upto nearest airport.Your quote price should remain firm till completion of order.

2.Deadlines



3.Terms of deliveryIMPORT VENDORFOB/FCA nearest airport.

LOCAL VENDOROur Warehouse shall accept material between 8:00 hrs till 14:00 hrs. Saturdaysand Sundays are holidays at BPCL. Material shall be delivered strictly withinthe above mentioned stipulated time. Consignments reaching our warehouse lateshall not be entertained.

DELIVERY INSTRUCTIONS :

Driver / Helper / Delivery man bringing the material must carry with them anyone of the identity proof in originals, viz, Driving license / PAN card /Aadhar card etc,. Without original identity proof, your person will not beallowed inside the Refinery.

* Only diesel driven vehicle with spark arrestor is allowed to enter insidethe Refinery.* Three wheeled vehicles shall not be permitted.* Trucks bringing in the material shall have the provision for sidewaysopening.* Vehicle must have a spare tire (stepney).

The specified documents (All documents listed below wherever applicable)should be submitted at our Main Warehouse at the time of delivery.

a) Delivery challan with a copy of Purchase Order.b) Duplicate copy of Transporter's Excise invoice, if applicable.c) Lorry Receipt of the consignment.d) Packing list for the consignment.e) Third Party Inspector's Certificate covering the invoiced Material(s)/Release Note, wherever applicable.f) Manufacturers Test/Composition Certificate, wherever applicable.g) Drawing(s)/Catalogue(s) covering the Material(s) , wherever applicableh) Guarantee/Warranty Certificate(s), wherever applicable.

4.Terms of paymentPLEASE REFER E PORTAL



5.WarrantiesMaterials shall be guaranteed against manufacturing defects, materials,workmanship and design for a period of 12 months from the date ofcommissioning or 18 months from the date of dispatch whichever is earlier.Warranty for replacement of material /accessories should be provided free ofcharges at our premises. The above Guarantee/Warranty will be withoutprejudice to the certificate of inspection or material receipt note issued byus in respect of the materials.

6.Penalty for breach of contractPRICE REDUCTION CLAUSE :Contractual delivery date for despatches F.O.R. Destination/ F.O.R.Site/F.O.B/FCA , the date of delivery shall be the date on which the goods/material are delivered to nearest destination rail head or owner's warehouseat Site. The time and date of delivery of stores/ material/ equipment asstipulated in the order shall be deemed to be the essence of the contract. Incase of delay in execution of the order beyond the date of delivery asstipulated in the order or any extensions sanctioned, BPCL may at its option:1.Accept delayed delivery at prices reduced by a sum equivalent to one half ofone percent(1/2%) of the value of any goods not delivered for every week ofdelay or part thereof, limited to a maximum of 5% of the total order value.2. Cancel the order in part or full and purchase such cancelled quantitiesfrom elsewhere on account and at the risk of the vendor, without prejudice toits right under (1) above in respect of goods delivered.

7.Contract riders (clauses)

8.Other contractual stipulations



Important Notice_______________________________________________________________________ Sr.No Description_______________________________________________________________________ 001 Quotation received after due date will not be entertained

002 Your quotation must specify exact amount or percentage discount, Excise, S.T., Charges, Transport, Packing & forwarding, Octroi, etc. as applicable.

003 In case you are unable to quote, kindly send the quotation with a regret for our records. Non-receipt of a regret will adversely affect your vendor rating.

004 No quotation will be accepted without your rubber stamp and signature.

005 Your quotation must be strictly in enclosed envelope indicating Collective RFQ No., RFQ No. and due date.

006 For all future correspondences please mention the vendor code Collective RFQ Number & RFQ Number.

007 Retention Money 10 % shall stand deducted from each and every running bill submitted in the event of contract is awarded.

LIST OF ENCLOSURES



-------Tear off Portion to be pasted on the envelope containing offer------------_______________________________________________________________________

Collective RFQ No. : 1000239988

Our Reference: Due Date : 14.10.2015RFQ No. : 6000864271 Due Time : 14:00:00Subject:

To,BHARAT PETROLEUM CORPORATION LTD-MUMBAI REFINERYP & CS DEPT .SOUTH BLOCK, 2ND FLOOR,MAHUL, CHEMBUR,MUMBAI400074

Purchase Group : N10-INSTRUMENT ITEMS_______________________________________________________________________



Tender Specification for Online Color Analyzer in RMP CDU-III Plant at BPCL Mumbai Refinery.

Page 1 of 18

1.0 Introduction:

BPCL-Mumbai Refinery (MR) intends to procure & install one number of online

Color Analyzer System on Hot Reflux Stream in RMP CDU-III plant to detect the

leakage of crude in naphtha. The color analyzer system shall consist of sample

probe, detector, signal conditioning system / converter with enclosure and analyzer

panel for the signal conditioning system / converter and other electronics

components etc.

2.0 General Requirement:

2.1 This specification together with the data sheets covers the minimum requirements

& scope of works for the complete design, engineering, manufacture, materials

selection, procurement of materials and bought out components, assembly at

shop, nameplate marking, inspection, testing at manufacturing’s / vendor’s works,

packing, shipment, installation, site testing, commissioning, training and

maintenance of the complete online color analyzer system.

2.2 It is responsibility of the vendor to ensure that the analyzers offered by them are

suitable for the specified process conditions for this application.

2.3 Analyzer system and installation in field mounted electronic instruments shall be

certified for weather proof to IP 65 and Flame proof (Exd) suitable for hazardous

area classification indicated in this specification and data-sheet. All other field

mounted instrumentation items shall be weather proof to IP 65.

2.4 Analyzer shall be housed in analyzer enclosure and same shall be suitable for

using as per the hazardous area classification.

2.5 If the analyzer enclosure is not suitable for the specified area classification,

separate purged cabinet / panel with vortex cooler & canopy shall be provided to

use in the indicated hazardous area classification.

2.6 If the analyzer enclosure is “Exd” and suitable for specified hazardous area

classification, separate analyzer cabinet with two numbers of vortex cooler &

canopy shall be provided to mount all the analyzer component including sample

handling system / sample conditioning unit inside the analyzer cabinet.

2.7 Analyzer cabinet shall be free standing type with base frame.

2.8 The offered color analyzer shall be equipped with new state of art technology and

shall have minimum 10 years of logistic support. Vendor to provide the logistic

support letter as per attached Annexure – IV.

2.9 The sample probe shall be 316 SS as a minimum and shall have process

connection as specified in the data-sheet. The sample probe shall be self-draining

type and shall have facility for online removal.

2.10 All sample handling components shall be of 316 SS as a minimum. The pressure

reducer shall be with all 316 SS material.


Page 2 of 18

2.11 Vendor to quote for special tools and tackles for maintenance, calibration etc and

the price of same shall be included by vendor in spares / consumable spares of

analyzer system.

2.12 Vendor to quote for all consumables for 2 year of trouble free operation.

2.13 Analyzer shall be supplied pre-calibrated by vendor.

2.14 Analyzer shall undergo minimum of 8 hours of repeatability test prior to FAT and

must meet the accuracy / repeatability as specified in the tender specification /

data-sheet.

2.15 If calibration cylinders are not required, NIST traceability validation filter with

necessary adaptor shall be provided

2.16 The calibration sample concentration must be certified for their guaranteed

accuracy over a period of year.

2.17 Calibration cylinder if applicable shall be made of 316 SS or Aluminium material.

2.18 Vendor to indicate the OEM recommended calibration frequency with calibration

procedure.

2.19 The offered analyzer shall have inbuilt keypad for programming & integral display

for displaying analyzed process parameters.

2.20 Approx. 10 meter distance shall be considered for analyzer shelter to process

stream tapping point. However, the exact distance shall be finalized during detail

engineering.

2.21 Two number of 1/2” X150# rating flanged process connection is available at site.

Accordingly, vendor to provide the matching flange connection for the process

connection at sample conditioning assembly i.e sample probe & detector assembly

end.

2.22 Sample probe & detector assembly shall be installed inside the analyzer cabinet.

Necessary process piping connection shall be made available upto the analyzer

cabinet by BPCL. Vendor to indicate the same in the offer.

2.23 Vendor shall clearly indicate the requirement of sample carrier gas if any in the

offer.

2.24 All the fittings /tubes shall be OEM standard or tube shall be Sandvik make &

fittings shall be Swagelok / Parker make.

2.25 All the internal or external equipment / instruments /components shall have the

clear identification marks and same shall be engraved properly.

2.26 Cross reference ferruling philosophy shall be followed for all the wiring.

2.27 Vendor to consider annual maintenance contract of the offered analyzer system

and to provide the year-wise rate for three years for AMC in-line with SOR.


Page 3 of 18

3.0 Performance Track Record (PTR):

All items, as offered, shall be field proven and should have completed trouble free

satisfactory operations individually for a period of minimum one year on the bid due

date in the similar application with the process conditions similar to those as

specified in the purchaser's data sheets. Vendor shall mention the offered make &

model number with user contact details for minimum two numbers of installations

in India for the quoted analyzer. Items with prototype design or items not meeting

provenness criteria specified above shall not be offered or supplied.

Without above PTR the offer shall not be considered for further evaluation

and shall be rejected.

4.0 Scope of Work:

4.1 Inclusion:

4.1.1 Complete analyzer system design, engineering, materials selection,

manufacturing, nameplate marking, inspection, testing, shipment and installation,

site testing, commissioning, training and maintenance.

4.1.2 Transportation of all the supplied instruments/ equipment from BPCL ware-house

or issue point to site.

4.1.3 Installation of complete analyzer system i.e sample probe, sample & return line,

sample conditioning system (if any) and analyzer electronics housing panel.

4.1.4 Sensor to signal conditioning system cable laying, termination and communication

establishment.

4.1.5 For installation of analyzer housing panel required civil structural support / platform

at site shall be made available by BPCL as per vendor’s drawing.

4.1.6 All the necessary tubing/piping required for the analyzer system shall be carried

out by vendor. BPCL shall provide the process stream connection and the carrier

gas connection at site near the analyzer system as per vendors drawing.

4.1.7 BPCL shall provide 110VAC UPS power supply at single point at site and further

distribution shall be carried out vendor. Vendor to indicate the power consumption

in details along with the offer.

4.1.8 Earthing cable laying & termination for the analyzer system. However earth pit

shall be provided by BPCL. Vendor to indicate the detail earthing requirement in

the offer.

4.1.9 Supply of all the tools tackles required for installation & commissioning of the

supplied analyzer system.

4.1.10 Site configuration if required, calibration & commissioning of the system.


Page 4 of 18

4.1.11 If cylinders are required for calibration (both span gas & zero gas), the same shall

be supplied by the vendor else NIST traceability Validation filter with necessary

adaptors shall be supplied.

4.1.12 Site training of the supplied analyzer system and training at vendor’s work place.

4.1.13 Documentation of analyzer system as per BPCL requirement. Refer Annexure –VI

for documentation.

4.2 Exclusion:

4.2.1 Modification or fabrication and erection of structure / platform.

4.2.2 Modification of process stream connection.

4.2.3 Earth Pit & required earth bus bar.

4.2.4 Provision of instrument air line / N2 connection near analyzer system.

4.2.5 Cylinder shed if any.

4.2.6 Cable laying /connection from analyzer panel / enclosure to control room.

5.0 Technical Specification:

5.1 Applicable Codes and Standards:

5.1.1 The related standards referred to herein and mentioned below shall be of the latest

editions prior to the date of the purchaser's enquiry:

ASME American Society of Mechanical Engineers

1.20.1 Pipe Threads, General Purpose (Inch)

16.5 Pipe Flanges and Flanged Fittings

16.20 Metallic Gaskets for Pipe Flanges- Ring Joint,

Spiral wound and Jacketed

B 31.3 Process Piping

API American Petroleum Institute

RP 551 Process Measurement Instrumentation

RP 552 Transmission Systems

RP 554 Process Control Systems

RP 555 Process Analyzers

ASTM American Society for Testing and Materials

ASTM 693 Standard Practice for cleaning methods and

cleanliness levels for material and equipment

used in oxygen-enriched environment.

ASTM D764-92 Standard Practice for Validation of Process

Stream Analyzers.


Page 5 of 18

EN European Standards

EN 10204 Inspection Documents for Metallic Products.

EN 50020 Electrical Apparatus for potentially explosive

atmospheres – Intrinsic safety ‘i’.

IS/IEC Indian Standards/ International Electro Technical Commission

IS/IEC 60079 Electrical Apparatus for Explosives Gas

Atmosphere

IS/IEC 60529 Degree of Protection Provided by Enclosures.

(IP Code).

IEC 61000-4 Electromagnetic Compatibility for Industrial

Process Measurement and Control Equipment

IEC-61285 Industrial Process Control - Safety of Analyzer

Houses.

IS-13947 Specification for Low Voltage Switchgear and

Control gears.

IS – 2148 Electrical Apparatus for Explosive Gas

Atmosphere – Flameproof enclosures ‘d’.

NFPA 496 National Fire Protection Associations

5.1.2 In the event of any conflict between this standard specification, job specification /

datasheets, statutory regulations, related standards, codes etc., the following order

of priority shall govern:

a. Statutory Regulations

b. Job Specification / Data Sheets

c. Standard Specification

d. Codes and Standards

5.2 Hazardous Area Classification:

Field instruments shall be suitable for Class I, Division 2, Gas Group C&D and

Temperature Classification T5.

Approved certification shall be provided for each instrument by appropriate

authority in the manufacturer country (i.e. PTB for Germany, BASEEFA for

England, LCI for France, CESI for Italy, CSA for Canada, JIS for Japan, FM for

U.S.A etc.)


Page 6 of 18

Statutory approvals from Chief Controller of Explosives Nagpur (CCOE) shall

be mandatory for all items.

5.3 Data - Sheet:

Refer attached Annexure –I.

5.4 Design & Construction:

5.4.1 Analyzer Requirement:

5.4.1.1 The offered analyzer shall be of flow through type and shall operate on light

absorption and light scattering principle and shall have high resolution.

5.4.1.2 Incandescent Tungsten Lamp shall be used as light source and hermetically

sealed Silicon Photo Diodes shall be used as detector. Vendor to indicate if any

other light source or detector is being used.

5.4.1.3 Vendor offered analyzer shall have dual channel absorption sensor and shall

accurately measure the color or change in color. The sensor shall be modular type

and shall be inline with process.

5.4.1.4 The analyzer sensor lamp housing and detector assembly shall be suitable for use

in hazardous area.

5.4.1.5 The offered analyzer shall be immune to process stream turbidity effect i.e in-built

turbidity compensation facility to be provided to increase the sensor resolution.

5.4.1.6 The sensor shall be suitable for the use in corrosive atmosphere.

5.4.1.7 NIST traceable validation accessories like validation adaptor filter etc to be

provided.

5.4.1.8 The analyzer cell material and window material shall be suitable for the specified

process condition.

5.4.1.9 The analyzer design shall be such that it is insensitive to source fluctuations or

degradation or partial cloudiness of cell window.

5.4.1.10 Special filters shall be offered to minimize the interference of background

components, which are of least interest in process stream.

5.4.1.11 Unless otherwise specified, analyzer sensor shall meet the following performance

requirements:

- Resolution better than ± 0.05% of measuring range

- Repeatability better than ±0.5% of measuring range

- Zero drift better than ± 1% of measuring range

Response Time less than 1 second for 90% of final reading

5.4.1.12 The housing material of the SCS or converter shall be stainless steel and shall be

weather-proof to IP65 and suitable for installation at site on hazardous, hot, humid


Page 7 of 18

and corrosive atmosphere.

5.4.1.13 The SCS or converter shall have local display, keypad and shall have the facility to

view the trend.

5.4.1.14 The SCS / Converter shall have the facility for configuration at site through keypad

and calibration (Zero / span) can be initiated through the keypad.

5.4.1.15 The SCS/Converter shall have multi-level password protection access facility.

5.4.1.16 Vendor shall offer all accessories and equipments as required to make online

analysis complete are also specified in the data sheet. In general, the scope shall

include the followings as minimum:

a. Sample probe and sampling system (primary or secondary), as applicable.

b. Analyzer complete with all hardware and software consisting of detector,

transmitter and associated equipments.

c. Fast loop and Sample return system, as applicable.

d. Calibration and maintenance equipment.

Unless otherwise specified the scope shall also include supply of all

Inter-connecting tubing, piping, fittings, heat tracing equipment etc.

5.4.1.17 The analyzer design and design of sample handling system shall be such that

components or any sub-assembly that requires removal shall be possible without

any need to disassemble any other component.

5.4.1.18 Analyzer shall be microprocessor based with state-of-the-art technology and shall

be capable of being configured from analyzer front panel locally using built-in

keyboard. When specified, it shall also be possible to configure the analyzer from

remote through a separate terminal.

5.4.1.19 The configuration related data of the analyzer including set range shall be stored in

a non-volatile memory such that this data remains unaffected by power fluctuations

or power off condition. In case vendor's standard product stores configuration data

in battery backed RAM, analyzer shall have facility to provide battery drain alarm

as diagnostic maintenance message.

5.4.1.20 The span of the analyzer shall be field adjustable from the analyzer front without

opening the analyzer enclosure. In case, separate device is required to make such

a change, the same shall be included, by vendor in their scope of supply.

5.4.1.21 Analyzer shall run diagnostic subroutines on continuous basis and shall be able to

provide diagnostic alarms related to analyzer optics, detector and electronics, as

and when any failure/malfunction is detected.

5.4.1.22 Analyzer shall have an integral output meter with digital readout in engineering

units.

5.4.1.23 All interconnecting wiring shall be color coded/numbered and terminal blocks be

clearly identified.

5.4.1.24 The analyzer shall be capable of providing the following outputs:


Page 8 of 18

a. Analogue Isolated 4-20 mA DC current output for each analyzed component.

b. RS 232 / 485 / TCP/IP serial output with MODBUS (RTU) protocol shall be

provided. The serial output signal shall contain analyzer data of component of

interest and diagnostic alarms, as a minimum.

c. SPDT contact outputs for various following diagnostic alarms, whenever

specified, shall be provided:

i. High or low set point alarm as measurement.

ii. Analyzer failure.

iii. Low sample flow.

iv. Temperature control failure.

v. Purge failure.

Any other alarm contact, either specifically indicated in purchaser's data sheet or

available as standard with the analyzer, shall also be provided.

Unless specified otherwise, all contacts shall be normally closed type (contact

open in alarm) and shall be rated for 110V AC, 0.5 Amperes.

Whenever serial interface/ HART option is specified in the purchaser data sheet,

the above alarms shall be made available through serial/ HART output as a

minimum.

5.4.1.25 The design of electronic components of analyzer system shall be in compliance

with the electromagnetic compatibility requirements as per IEC 61000-4 and shall

be immune to RFI and EMI radiation.

5.4.1.26 Material of Construction:

5.4.1.26.1. Unless otherwise specified, the material of construction of all components wetted

by the sample shall be SS316, as a minimum. Vendor must ensure the

compatibility of material of each component with the process fluid.

5.4.1.26.2. Material of all soft parts like diaphragms and o-rings shall be of PTFE. Other

vendor standard materials can also be acceptable provided these are compatible

with the specified process condition.

5.4.1.26.3. The material of construction of all non-wetted parts shall be as per manufacturer's

standard. However non-metallic materials for casings, enclosures and instrument

covers shall be avoided.

5.4.1.27 Power Supply:

5.4.1.27.1. Unless indicated otherwise, the analyzer system shall operate at 110VAC, 50 Hz

power supply.


Page 9 of 18

5.4.1.27.2. The analyzer performance shall be within the specified limits when the supply

voltage varies by + 10% of specified value and supply frequency varies by ±3 Hz of

specified value.

5.4.1.27.3. Electrical tracing as specified shall operate also at 110V, 50 Hz supply and also be

used for analyzer cabinet/panel lighting and air conditioning unit, when specified.

5.4.1.28 End Connection:

5.4.1.28.1. Unless otherwise mentioned, end connection details shall be as below:

a. Threaded end connections shall be to NPT as per ASME B 1.20.1.

b. Flanged end connections shall be as per ASME B 16.5.

c. Grooves of ring type joint flanges shall be octagonal as per ASME B16.20.

d. Flanged face finish shall be as per ANSI B 16.5. The face finish shall be as

follows:

125 RH : 125 to 250 micro-inch AARH

63 AARH : 32 to 63 micro-inch AARH

5.4.1.28.2. Gaskets, bolts and nuts shall be suitable for the service conditions indicated.

5.4.1.28.3. End connection of sizes 6 mm or below shall be suitably protected against

damage.

5.4.1.28.4. All end connections shall be clearly identified by attaching labels or stainless steel

plate of suitable size.

5.4.1.29 Enclosure Type:

5.4.1.29.1. Analyzer enclosures and related accessories shall be suitable for the electrical

area classification indicated in purchaser's data sheets. Unless otherwise

specified, the enclosures shall comply to the following standards:

Weatherproof housing IP-65 to IS/IEC-60529

Flameproof housing Flameproof/Ex (d) as per IS/IEC-60079

Purged Enclosure NFPA 496

Flameproof and purged equipment shall also be made weatherproof.

5.4.1.29.2. In addition to meeting weatherproof requirements, intrinsically safe analyzers shall

meet the requirements specified in IS/IEC60079 and shall be certified for the area

classification specified in the purchaser's data sheet.

5.4.1.29.3. Analyzer where air/nitrogen purge is provided; purge shall be as per NFPA 496


Page 10 of 18

Type Z. Purge failure alarm shall be provided for purchaser use.

5.4.1.29.4. Separate cable entries shall be available in the analyzer/enclosure for power and

signal cable as indicated in the data-sheet.

5.4.1.20.5 All enclosure entries including sample, utilities, cables etc. shall be clearly

identified by attaching label or stainless steel plate of suitable size.

5.4.2 Analyzer Cabinet:

a. The analyzer shall be supplied in completely assembled condition with all the

required tubes & wires connected and ready for installation at site.

b. The analyzer cabinet / housing panel shall be fabricated from CRCA sheet of 2

mm thickness and make shall be reputed. Fittings and hinges shall be of

stainless steel. Anchor bolts required for installation of cabinet shall also be

supplied by vendor.

c. The panel material shall be immune to damage from chemical media including

salt, corrosion resistance as per site condition.

d. The housing panel shall be free standing with base frame for site installation.

e. The analyzer cabinet shall be suitable for outdoor installation with front opening

doors. The doors shall be provided with lock & key arrangement.

f. Suitable FRP canopy of min 3 mm thick or 2 mm SS material canopy /sun

shade shall be provided on the top of the analyzer housing panel.

g. A power isolation switch with suitable circuit breaker or fuse shall be provided

for the incoming power supply.

h. Analyzer panel shall have sufficient light illumination system.

i. Unless otherwise specified, the cabinets shall have a colour of RAL 7035 shade

as per IS 5.

j. The channel base frame color shall be black.

i. Analyzer panel shall be supplied with two number of vortex cooler with

compressed air system and air dryer of suitable size and capacity. Instrument

air shall be provided by purchaser for vortex cooler.

k. The maximum height of rack/cabinet shall be limited to 2100 mm. Cabinet shall

be suitable for side cable entry.

l. Power supply cable entry and terminal size shall be as defined during detail

engineering by purchaser.

6.0 General Terms & Condition:

6.1 Bid Document:

6.1.1 Vendor shall submit the bid in two separate sealed parts- Technical and price bid.

Unsealed price bid shall not be accepted.

6.1.2 Vendor to attach the following as minimum with the offer,


Page 11 of 18

6.1.2.1 Signed & Stamped copy of Technical Specification along with complete data sheet

of the analyzer.

6.1.2.2 PTR - for the offered model as per tender requirement.

6.1.2.3 Detail specification of the offered analyzer with de-codification sheet.

6.1.2.4 A detailed drawing showing various components of sample conditioning system

and their piping/tubing hook-up arrangement including sample return, vent, utilities

connection and electrical heat tracing as necessary.

6.1.2.5 Analyzer probe, process connection & installation drawing.

6.1.2.6 Analyzer / housing panel GA drawing.

6.1.2.7 Compliance for the requirement of CCOE certificate as per area classification for

all the instruments / equipments as applicable.

6.1.2.8 NIST traceability certificate for the validation filer.

6.1.3 Whenever a detailed technical offer is required, vendor's quotation shall include

the following:

a. Compliance to the specifications.

b. Whenever the requirement of detailed specification sheet for Color Analyzer

which shall provide information regarding type, materials of construction,

performance specification and accessories of analyzer. The material

specification and units of measurement for various parts in vendor's

specification sheets shall be to the same standards as those indicated in

purchaser's data sheets.

c. A copy of approval for intrinsically safe/flameproof enclosure, whenever

specified, from local statutory authority, as applicable, such as Petroleum

and Explosives Safety Organization (PESO)/Chief Controller of Explosives

(CCE), Nagpur or Director general of Mines Safety (DGMS) in India, along

with:

i. Test certificate from recognised house like Central Institute of Mining &

Fuel Research (CIMFR)/ Electronics Regional Testing Laboratory

(ERTL) etc. for flameproof enclosure and/or intrinsic Safety, as specified

in the datasheet, as per relevant Indian Standard for all Indian

manufactured equipments.

ii. Certificate of conformity from agencies like Laboratorie Central Des

Industries Electriques (LCIE), British Approval Service for Electrical

Equipment in Flammable Atmospheres (Baseefa), Factory Mutual (FM),

Physikalisch-Technische Bundesanstalt (PTB), Canadian Standards

Association (CSA), Underwriters Laboratories (UL) etc. for compliance to

ATEX directives or other equivalent standards for all equipments

manufactured outside India.

d. Utility requirements and their consumption i.e. instrument air, cooling water,

steam etc. along with their process conditions like flow, pressure and

temperature.

e. Power consumption for analyzer and its accessories for 110 V AC UPS.


Page 12 of 18

f. Catalogues giving detailed technical specifications, model decoding details

and other related information for the offered analyzer and accessories

covered in the bid.

6.1.4 Whenever specified, vendor must furnish certified values of failure rates,

probability of failure on demand and test interval for the safety integrity level

analysis.

6.1.5 All documentation submitted by the vendor including their quotation, catalogues,

drawings, installation, operation and maintenance manuals, etc shall be in English

language only.

6.1.6 Any special instrument or tool needed for testing, calibration and maintenance of

the analyzer such as spanner set (for tubes smaller than 6 mm or 1/4"), non-

magnetic tools, bubble rotameter etc. these tools and equipments shall be supplied

by the vendor.

6.1.7 Vendor shall provide the price which includes all the associated accessories,

inspection, testing and applicable statutory certificate requirements.

6.1.8 Vendor shall indicate the BOM with price break-up indicating make & model no. to

full-fill the tender specification. SOR format is attached herewith as Annexure-II.

6.1.9 Deviations on technical requirements is not acceptable. In case of any deviation,

vendor shall indicate the same in the Technical Deviation sheet with technical

reason for the same.

6.2 Responsibility Chart:

Refer Annexure – IV.

6.3 Spare Requirement:

6.3.1 Commissioning & Consumable Spares:

All spare items required for commissioning shall be supplied by vendor as a part of

offer. Vendor to submit the list of commissioning spares.

Vendor shall supply consumable spares required during system development,

testing and commissioning. Vendor to submit the list of consumables & supply

consumables for two year of operation after SAT.

6.4 Delivery Period:

Material shall be dispatched only after M/s BPCL provides dispatch clearance

based on FAT/ inspection and approval of the documents submitted by the vendor.


Page 13 of 18

Material shall be delivered at Mumbai Refinery warehouse along with packing slip

and relevant documents.

The delivery period for the material supply shall be 3 months from the date of

purchase order placement.

The delivery period for the installation & commissioning shall be 1 month after the

site clearance issued by BPCL Engineer-In-Charge.

6.5 Payment Terms:

Two separate purchase order shall be placed after technical and commercial

evaluation by BPCL.

A. Material Supply:

Local payment:

90% Immediate after supply and acceptance of Material at BPCL

warehouse.

10% after six months (successful Installation & commissioning) from the date of acceptance of Material at BPCL warehouse against submission of performance bank guarantee for 10% of basic value of purchase Order as per GPC.

Import payment:

100% payment in USD/EURO currency only shall be against irrevocable Letter Credit with PBG for 10% of basic value of purchase Order as per GPC.

B. Installation and Commissioning:

100% after successful completion of installation & commissioning, Training and SAT of the system against submission of performance bank guarantee for 10 % of the basic value of purchase Order as per GPC.


Page 14 of 18

6.6 Inspection & Testing:

6.6.1 Factory Acceptance Test:

Vendor shall be fully responsible for completing all the in-house testing and test

reports shall be ready before inspection by BPCL.

The FAT shall be carried out at vendor’s works as per the approved FAT

procedure. Vendor shall submit the FAT procedure for approval during detail

engineering.

BPCL shall inspect all the items at vendor’s workplace in line with inspection test

plan. Total system shall be demonstrated by the vendor during BPCL inspection at

vendor’s works. Vendor shall submit all the specified documents, test certificates

and test repots for BPCL review.

All imported instruments and system oriented items shall undergo factory testing

and inspected by BPCL unless otherwise specified. Vendor shall submit the OEM

test reports meeting the tender specification for review and approval by BPCL.

6.6.2 Site Acceptance Test:

Site acceptance test shall be carried out after successfully installation and

commissioning of the system. Vendor shall be fully responsible to carry out the

SAT with user’s fullest satisfaction.

6.7 Training:

After installation and commissioning of the Color Analyzer system, vendor shall

provide onsite training for 4 man-days for the supplied Analyzer System. Training

shall include theoretical as well as practical knowledge i.e. configuration, operation,

maintenance, trouble shooting etc.

6.8 Performance Test & Gaurantee:

Vendor shall guarantee the supplied Analyzer System for satisfactory performance

for a period of 12 months from the date of commissioning or 18 months from the

date of supply whichever is earlier. Any deficiency observed during this period shall

be set right by the vendor without any further cost implication to the purchaser.


Page 15 of 18

6.9 Annual Maintenance Contract:

6.9.1 Vendor shall have the capability to provide Annual Maintenance Contract (AMC)

service after successful commissioning of the system. Proof for the same shall be

submitted.

6.9.2 Vendor shall quote AMC charges for three years with first year price validity till

completion of SAT, second year till completion of first year, third year till

completion of second year as per SOR format.

6.9.3 In AMC, supply of all the required spares and consumables shall in BPCL scope.

6.9.4 The AMC scope shall broadly comprise of:

6.9.4.1 Vendor shall provide total maintenance of the supplied system including all

hardware / software along with all the related accessories including bought out

items for system.

6.9.4.2 Travel, Lodging & Boarding of the service engineer during the AMC period shall be

under vendor’s scope.

6.9.4.3 The maintenance contract shall include quarterly one visit for preventive

maintenance and any number of visits in case of system breakdown/emergency.

6.9.4.4 Preventive Maintenance Visits:

a. The vendor’s certified experienced Field Service engineer shall visit the site

once in every three months for preventive maintenance checks.

b. The vendor shall prepare a detailed standard operating procedure (SOP) and

calibration procedure for the analyzer.

c. The engineer shall carryout weekly performance check of the analyzer, routine

maintenance, hardware / software checks, inspections, full system checkouts,

during the preventive maintenance visits. Analyzers shall undergo full calibration

as per OEM recommendation.

d. The software check shall include minor modifications to improve existing

application performance, backup operations and software updates (latest

releases). All consumables required for the analyzer functioning shall be under

the vendor’s scope.

e. As a minimum requirement, following activities shall be carried out during the

visit:

i. Performance checks of the analyzer.

ii. Calibration of analyzers as per OEM recommended procedure for zero

and span concentrations using the calibration gas cylinder or permeation

tube as applicable.

iii. Servicing of the analyzers and the sample handling system.


Page 16 of 18

iv. Replacement of analyzer consumables, filter cleaning etc.

v. Report and attend any problem if found during the checking of the system.

vi. Prepare and submit the service report in tabular format for the analyzer

after every visit to the Engineer-in-charge.

f. Data obtained from the calibration checks and copies of associated Quality

Assurance and calibration documentation, shall be submitted to the Engineer-in-

charge.

6.9.4.5 Emergency Visits:

In the event of any failure / malfunctioning of the system, experienced service engineer shall be made available at the site within 24hrs on receipt of such information from the owner. The engineer shall attend the problem and submit a root cause analysis report for the failure.

6.9.4.6 Payment Terms:

Payment shall be made on pro-rata basis at the end of each quarter after satisfactory completion of the services & submission of the service reports on due certification from BPCL Engineer-in-charge.

6.9.4.7 Availability criteria:

The system availability shall be maintained at min of 95% per quarter. Performance of analyzers shall be reviewed monthly and 95% availability of each

analyzer shall be checked through DCS history record and maintenance records.

In the event of the non-compliance of the system availability, deductions from the monthly payment shall be applicable as per the below table.

% availability Applicable deduction

95% and above no deduction

90% and less than 95% 20% of quarterly payment



Less than 80% 100% of quarterly payment

6.9.4.8 In situations where the analyzer availability found to be less than 80% then review

will be done with service in charge manager / with the management level from both

sides and further action plan will be made.

6.9.4.9 If analyzer is not in service due to reasons of requirement of spares and other

reasons mutually agreed by both M/s BPCL and Contractor, it will not be


Page 17 of 18

considered in the percentage availability calculation and deductions will not be

applicable for the part covered.

6.9.4.10 Analyzers kept offline during shut-down of the plant or sample problem shall not be

considered in the percentage availability calculation.

6.9.4.11 If instrument goes break down state during off duty hours the time of breakdown

shall be counted from next day starting time of duty hours. However, time in hours

for the non-availability of analyzer for the deduction purpose will be considered

only after getting necessary permit and clearance for carrying out the site job.

6.10 Documentation:

For documentation refer Annexure –V.

Final documentation consisting of design data, installation, operation and

maintenance manual etc., submitted by the vendor after placement of purchase

order shall include the following, as a minimum:

a) Specification sheet for the analyzer and its accessories.

b) Certified drawings for the analyzer and its accessories which shall provide

the following information-

i. Overall dimensions in millimeters.

ii. Sampling system details identifying each component with make and

model number, process connection, utility connection, calibration

sample/gas connection, heat tracing requirements, sample vent and

fast loop details etc.

iii. The flow, pressure and temperature at interface and other appropriate

location must be shown in the sampling system drawing.

iv. Detailed interconnection drawing of each analyzer identifying each

component with terminal number, cable type, cable size and cable entry

details. The interface details shall be clearly identified in the drawing.

v. Grounding details.

vi. Power supply distribution details.

c) Programming/configuration data for the analyzer, as applicable.

d) Serial interface specification including its configurational data (addresses)

for host communication.

e) Power consumptions and utility requirements.

f) Calibration curves and calibration data for each analyzer.

g) Zero and span calibration gas specification including composition, shelf life

time and accuracy.

h) Copy of type test certificates.

i) Installation procedure for each analyzer and their accessories.


Page 18 of 18

j) Calibration and maintenance procedures including replacement of its parts

/internals wherever applicable.

6.11 Annexures:

Following Annexures are attached herewith the tender document.

a. Annexure –I: Data-sheet for Online Color Analyzer.

b. Annexure –II: Schedule of Rate (SOR) format.

c. Annexure-III: Responsibility Chart.

d. Annexure –IV: Logistic Support Letter format.

e. Annexure-V: Documentation.

Page 1 of 2

BID QUALIFICATION CRITERIA

GLOBAL TENDER FOR THE PROCUREMENT OF ONLINE COLOR ANALYZER FOR CDU-III HOT REFLUX STREAM IN BPCL MUMBAI REFINERY.

BPCL intends to execute the above job through technically qualified bidder with total

responsibility of design, supply, installation & commissioning and maintenance. Vendor has to

qualify the BQC criteria to be eligible for technical and commercial evaluation.

1.1 Technical Criteria

1.1.1 Bidder shall be a manufacturer of the Color analyzer to detect crude in Naphtha in CDU

hot reflux stream OR OEM’s authorized system integrator Color analyzer to detect crude

in Naphtha in CDU hot reflux stream.

1.1.2 Bidder must have experience of executing similar works of design, detail engineering,

testing, inspection, supply, installation, commissioning, training, documentation and

maintenance of Color analyzer in CDU Plant in India.

1.1.3 The bidder shall submit all relevant supporting documents of Performance Track record

(PTR) of quoted analyzer for preceding one year from the bid due date. Vendor shall

mention the offered make & model number with user contact details for minimum two

numbers of installations in India for the quoted Analyzer. Without supporting document

bidder shall not be considered for further evaluation. BPCL reserves the right to reject the

Bid without assigning any reason.

1.2 Commercial Qualification Criteria

1.2.1 Annual Turnover

Bidder must have a minimum average annual financial turnover of Rs. 8.89 Lakhs during the

immediate preceding three Financial Years. As a proof for turnover, bidder is required to submit

copy of the Audited Balance sheets clearly highlighting the above fact. For companies based

out of India, balance sheets attested by the CFO / CEO / Authorized Signatories of foreign

companies shall also be acceptable.

Page 2 of 2

1.2.2 Networth

Financial net worth of the bidder as per latest annual report shall be positive.

1.2.3 Commercial Experience

The bidder shall not be on the Holiday list of BPCL.

Vendor should have completed two similar orders during the last seven years ending last day of

month previous to the one in which applications are invited. Similar works means as defined in

clause 3.1.2 above.

As documentary evidence, bidder must submit copies of Purchase Orders and Completion

Certificate / any other proof of completion of order along with the Unpriced Bid.

PR No-Area - Vendor -

1.002.003.004.00

1.00

2.003.004.001.00

Ambient, Max. 45 degree C

Area Classification

Color Analyser Data-Sheet

SITE

C

ON

DIT

ION Class I, Division 2, Gas Group C&D and Temperature

Classification T5.Relative Humidity 95%RH (MAX), 5% RH (MIN)

Climatic Conditions

QuantityService

Provision of Color Analyzer on Hot Reflux Stream

DatePrepared By

Principle of light absorption and light scattering.

Location RMP CDU/VDU-III

ABLS

Analyser Principle

Temperature

Project

14114982G

ENER

AL Tag No

1 NumbersRAI 101

RMP CDU/VDU-III

Overhead Naphtha Refulx Stream

07.08.2015

Appoved By

Hot & Humid

Data-Sheet NoRev. Index

Annexure-I0

BHARAT PETROLEUM CORPORATION LTD.MUMBAI REFINERY

1.002.003.004.005.006.007.008.009.00

10.0011.0012.0013.001.002.003.004.004.014.024.03

Principle of Operation Light Absorption and Light Scattering.Light Source Incandescent Tungsten Lamp.Lamp Life Shall be min 3 years.

No of Process Connection Two (considering return line)3/4" Flanged , 150# RF/ 125 AARH.

PRO

CES

S D

ATA

106

Process Connection / Rating

Location RMP CDU/VDU-III

1219.915.5

Type Flow Through Type.Sensor

Temperature (Design @ °C)

Purpose

Liquid Density @ Kg/M3Liquid Viscosity @ CpVapour Molecular WeightVapour Viscosity @ Cp

644.70.405NA, No vapour expected.

Process Line no 14"-P-131-2007-A1A-IH

NA, No vapour expected.

Temperature (Operating @ °C)Heavy Naptha (Liquid)

To detect leakage of Crude in Naptha.Function Real Time Monitoring, Detection & Indicate.

Fluid

Operating Pressure @ Kg/cm2gDesign Pressure @ Kg/cm2g

4.034.044.054.064.074.084.09

4.10

4.11

4.124.135.005.015.025.03

5.04

Type

AN

ALY

ZER

SYS

TEM

Location of SCS Field cabinet / panel mounted inside the analyser cabinet.

Lamp Life Shall be min 3 years.Measuring WavelengthDetector Silicon Photo Diodes, Hermetically sealed.

Digital Converter or Signal Conditioning System(Electronics)

AccessoriesAll the OEM recommended accessories like validation adaptor, validation filter, windows, mounting kit etc required and same shall be in OEM scope of supply.

Sensor Electronics/ optical part Protection Weather proof to IP65

Sensor Material Min SS316.

Vendor to Specify.

Enclosure Protection

Resolution

Sensor Make Vendor to specify.Sensor Model No Vendor to specify.

± 0.05 % or better of the measuring range.

Weather-proof to IP-65 and Flame proof (Exd) or purged cabinet suitable for indicated hazardous area classification.

Repeatability ± 0.5 % or better of the measuring range.Linearity ± 1 % or better of the measuring range.

Microprocessor based.

SCS/Converter Enclosure Material Vendor to specify.

5.04

5.05

Enclosure Protection

Signal OutputAnalogue output: Isolated 4-20 mA - Two numbersContact Output: Two numbers through SPDT switchSerial Output: RS232 / RS485

suitable for indicated hazardous area classification.

Page 1 of 2

PR No-Area - Vendor -

Color Analyser Data-Sheet

Provision of Color Analyzer on Hot Reflux Stream

DatePrepared By AB

LS

Project

14114982RMP CDU/VDU-III

07.08.2015

Appoved ByData-Sheet NoRev. Index

Annexure-I0

BHARAT PETROLEUM CORPORATION LTD.MUMBAI REFINERY

5.06

5.075.085.095.10

5.11

5.12

± 0.5 % or better of the measuring range

Color Range Saybolt 0 to +30

± .05 % or better of the measuring range

Response Time 1 second or better

Resolution

Cable EntryPower supply: 3/4" NPT (F) - One numberSignal Output: 1/2" NPT (F) - Two numberContact Output: 3/4" (F) - One number

LinearityRepeatability

Local Display Required. LED Display for measuring parameter and programmable alarms.

±.0.5 % or better of the measuring range

5.125.135.14

5.15

5.16

5.17

5.18

5.195.205.215.225.235.246.00

Analyser Cabinet Type

Digital converter / SCS Make Vendor to specifyDigital converter / SCS Model No. Vendor to specify

Free Standing Purged cabinet (Purging Type- Z-type) suitable as per area classification.

AN

ALY

ZER

SYS

TEM

Mounting Accessories

Keypad Required for configuration and calibartionColor Range Saybolt 0 to +30

Power supply

Required.

Analyser Cabinet

Required.Consumables All consumables shall be supplied for six mounth of operation Calibration facility

Interconnection cable between sensor & converter

OEM to supply and same with connector / cable gland shall be suitable for using in the hazardous area classification.

Distance between analyzer sensor & Electronics Unit Approx. 15 Meter

Calibration Required as per OEM calibration procedure & frequency and vendor to specify the same.

Type of Carrier Gas (ifrequired)

Vendor to specify. However nitrogen/ instrument air if required shall be provided by purchaser.

Calibration facility Required.

110V AC ± 10%, 50Hz ± 3%

6.01

6.02

6.036.046.056.066.07

1.00

2.00

3.00

4.00

Through gland plate at the side for cables.Lighting in cabinet Required.

Analyser Cabinet Type

Analyzer Cabinet Material The analyzer cabinet shall be fabricated from CRCA sheet with minimum thickness of 2 mm.Required two numbers

per area classification. Rain/sun canopy of minimum 3 mm thick FRP or 2 mm thick SS material shall be provided.

Location Field

Catalogue for each equipment shall be submitted along with the offer and catalogue shall be in english language.

CCoE certificate shall be provided for the sensor electronics, sensor connecting cable glands and analyzer enclosure.Vendor to submit the filled, duly signed & stamped copy of the data-sheet along with the tender specification.

Cable/ Tubing entry to the

Vendor to submit the installation drawing of each equipment i.e sensor, cabinet etc. Schematic drawing to be submitted alongwith the offer.N

OTE

S

Purpose Shall house the analyser system and analyser electronics.

Vortex cooler arrangement

Page 2 of 2

Annexure -II

Sr

NoItem Description Qty Unit Unit Price Total Price Remarks

A Supply of Color Analyzer System

A.1 Color Analyzer 1 Set

A.2 Field Panel for Analyzer1 Set

A.3 Spares: Commissioning & Consumable spares for two years of trouble free

operation after SAT.(Separate list to be provided with unit price) 1 Lot

Total of A

B Services

1 Installation & Commissioning, SAT & Site Training of the new supplied online

color analyzer system1 LS

Total of B

C Annual Maintenance Contract (AMC)

1 First Year AMC Charges1 LS

2 Second Year AMC Charges1 LS

3 Third Year AMC Charges1 LS

Total of C

D Total Cost for Evaluation (A+B+C)

SOR for Online Color Analyzer System at RMP CDU/VDU-III, BPCL MR

Note: The above SOR is a minimum requirement envisaged. Any additional material, if required to fulfill the RFQ technical specification, it shall

be vendor's responsibility to include the same in SOR. Vendor to provide separate detail bill of material against each line item of SOR

indicating make & model no.

IMPORT BIDDER (USD,EUR)

Page 1 of 1

Annexure -II

Sr

NoItem Description Qty Unit Unit Price Total Price Remarks



A.2 Field Panel for Analyzer1 Set

A.3 Spares: Commissioning & Consumable spares for two years of trouble free

operation after SAT.(Separate list to be provided with unit price) 1 Lot

Total of A

B Services

1 Installation & Commissioning, SAT & Site Training of the new supplied online

color analyzer system1 LS

Total of B


1 First Year AMC Charges1 LS

2 Second Year AMC Charges1 LS

3 Third Year AMC Charges1 LS

Total of C

D Total Cost for Evaluation (A+B+C)


Note: The above SOR is a minimum requirement envisaged. Any additional material, if required to fulfill the RFQ technical specification, it shall

be vendor's responsibility to include the same in SOR. Vendor to provide separate detail bill of material against each line item of SOR

indicating make & model no.

LOCAL BIDDER (INR)

Page 1 of 1

Annexure -II

Sr No

Item Description Qty Unit Unit Price (In Rs)

Total Price (In Rs)

Remarks



A.2 Field Panel for Analyzer 1 Set

A.3 Spares: Commissioning & Consumable spares for two years of trouble free operation after SAT.(Separate list to be provided with unit price) 1 Lot

Total of A

B Services

1 Installation & Commissioning, SAT & Site Training of the new supplied online color analyzer system 1 LS

Total of B


1 First Year AMC Charges 1 LS

2 Second Year AMC Charges 1 LS

3 Third Year AMC Charges 1 LS

Total of CD Total Cost for Evaluation (A+B+C)


Note: The above SOR is a minimum requirement envisaged. Any additional material, if required to fulfill the RFQ technical specification, it shall be vendor's responsibility to include the same in SOR. Vendor to provide separate detail bill of material against each line item of SOR indicating make & model no.

Page 1 of 1

Sr No Job Description Vendor BPCL

1 System design, Engineering, Material Selection as per tender requirement Yes

2 Online Color Analyzer System Yes3 Sample Probe Yes4 Analyzer Enclosure / canbinet with accessories Yes5 Sample Handling System with accessories Yes6 Process Tapping Yes

7 Cable with gland from sensor to Signal conditioning system

Yes

8 Acryalic tag plate Yes

9 Commissioning & consumable spares for one year after completion of SAT

Yes

10 Provision of air line tapping / other utilities like N2 connection Yes

11 Lagging/insulation materials for process line if required Yes

12 Earthing cable Yes13 Earth pit with earth bas bar Yes

1 Transporation of material from BPCL Ware-House / Issue point to Site Yes

2 Installation of new Analyzer System Yes3 Structural base frame for panel installation Yes

4 Erecrion of GI tray with supports for cables Yes

5 Cable laying, Cable tray with supports from analyzer to plant DCS Yes

6 Glanding & termination at Analyzer panel Yes

7 Provision of aluminium tag plate, acryalic tag plate Yes

8 Laying of earthing cable Yes9 Provision of 110VAC at one point Yes

10 Provision of insulation/lagging for process line Yes11 Loop Checking, Yes Yes12 Calibration & Commissioning of the analyzer system Yes13 Training Yes14 SAT Yes15 Documentation Yes

Job Responsibility Chart - Online Color Analyzer Stystem at RMP CDU-III, BPCL MR

Supply material

Site Erection Job

Annexure - III

Page 1 of 1

Annexure - IV

CERTIFICATE FOR LOGISTICS SUPPORT

(To be signed by Principal’s corporate level signatory on company’s letterhead)

I, on behalf of M/s______________________________ confirm that the Online

Colour Analyzer at RMP CDU-III Plant for _______________________ measurement

quoted by M/s_______________________________ for M/s BPCL-MR against

Tender No. __________________ shall continue to be supported by us for a period of

minimum 10 years. The quoted system shall not be withdrawn from Indian market as

a matter of our corporate policy.

I further confirm that in case of placement of order by BPCL-MR on us, we shall

continue to support BPCL-MR in providing back-up engineering, maintenance support

and spare part support for a period of 10 years from the date of placement of order.

SIGNATURE WITH SEAL

AUTHOURIZED, SENIOR

MANAGEMENT LEVEL

SIGNATORY

Annexure-V

As-ShippedSr. No. Details Hard copy Hard copy Soft copy

Index with list of deliverables (Docs. & drwgs)1.00 General Docuemnts 2 3 21.01 Complete purchase order copies, despatch documents with part nos1.02 Details on Warranty completion

1.03 Letter from OEM / Vendor for logistics support (spares & services) for minimum 10 years

1.04 Proven Track Record (PTR) details with performance data2.00 Engineering Documents 2 3 22.01 Engineering drawing list with individual drwg number

2.02 Sample Handling Systetm (SHS), Housing panel details/ drawings, design considerations etc.

2.03 P&IDs, Schemes & isometric drwgs (for instrument / tapping locations) (Refer note-1)2.04 Complete Schematic drawings2.05 Complete Arrangement drawings2.06 Complete Wiring drawings2.07 Power distribution drawings2.08 Earthing requirements2.09 Complete Loop Wiring Diagrams2.10 Complete Technical Specifications2.11 Complete Data Sheets 2.12 Complete Model Decoding Details3.00 Manuals 2 3 23.01 Installation manual3.02 Operations Manual3.03 Maintenance Manual

As BuiltAs Shipped & As-Built Documentation for Online Colour Analyzer System at RMP CDU-III Plant, BPCL MR

Page 1 of 2

Annexure-V

As-ShippedSr. No. Details Hard copy Hard copy Soft copy

As BuiltAs Shipped & As-Built Documentation for Online Colour Analyzer System at RMP CDU-III Plant, BPCL MR

3.04 Trouble-shooting Manual3.05 Error codes & Trouble-shooting details4.00 Reports 2 3 24.01 Internal Inspection Report 4.02 Factory Acceptance Test (FAT) Reports4.03 Interlock/Alarm settings details/ document, Interlock/Alarm checking report etc.4.04 Special tools, Floppies/CDs, Licence / Password details etc.4.05 Training details *4.06 Site Acceptance Test (SAT) report / MOM with parameter settings *4.07 List of Pending jobs including check-list jobs *5.00 Spare Details 2 3 25.01 Total Spare parts list

5.02 Recommended two years of operational & Maintenance spare part details (part numbers and unit rates)

5.03 Consumable Spare Part number details of spare parts5.04 Spare Parts Interchangeability List (SPIL)5.05 MESC details of spare parts (Refer Note-2) *

5.06 List of bought-out items with make, model details, model decoding details, contact details etc.

6.00 Statutory Documents 2 3 26.01 CCoE Certificates for all the field instruments / equipments as applicable

Note-1Note-2

*

P&ID shall be provided by BPCL.MESC details shall be provided by BPCL after installation & commissioning.Not applicable for as-shipped documents

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Bharat Petroleum Corporation Limited General Purchase Conditions The following conditions shall be applicable for all procurement unless specifically mentioned in the Special Purchase Conditions. INDEX 1. DEFINITIONS 2. REFERENCE FOR DOCUMENTATION 3. RIGHT OF OWNER TO ACCEPT OR REJECT TENDER 4. LANGUAGE OF BID 5. PRICE 6. TAXES AND DUTIES 7. INSPECTION 8. SHIPPING 9. INDIAN AGENT COMMISSION 10. ORDER AWARD / EVALUATION CRITERIA 11. CONFIRMATION OF ORDER 12. PAYMENT TERMS 13. GUARANTEE/WARRANTY 14. PERFORMANCE BANK GUARANTEE 15. PACKING & MARKING 16. DELIVERY 17. UNLOADING AND STACKING 18. TRANSIT INSURANCE 19. VALIDITY OF OFFER 20. DELIVERY DATES AND PRICE REDUCTION SCHEDULE 21. RISK PURCHASE CLAUSE 22. FORCE MAJEURE CLAUSE 23. ARBITRATION CLAUSE 24. INTEGRITY PACT (IP) 25. RECOVERY OF SUMS DUE 26. CONFIDENTIALITY OF TECHNICAL INFORMATION 27. PATENTS & ROYALTIES 28. LIABILITY CLAUSE 29. COMPLIANCE OF REGULATIONS 30. REJECTION, REMOVAL OF REJECTED GOODS AND REPLACEMENT 31. NON-WAIVER 32. NEW & UNUSED MATERIAL 33. PURCHASE PREFERENCE CLAUSE 34. CANCELLATION 35. ANTI –COMPETITIVE AGREEMENTS/ABUSE OF DOMINANT POSITION 36. ASSIGNMENT 37. GOVERNING LAW 38. AMENDMENT 39. SPECIAL PURCHASE CONDITIONS 40 NOTICES

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Bharat Petroleum Corporation Limited General Purchase Conditions 1. DEFINITIONS :

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

1.1. OWNER: Owner means Bharat Petroleum Corporation Limited (a Government of

India enterprise), a Company incorporated in India having its registered office at Bharat Bhavan, 4 & 6 Currimbhoy Road, Ballard Estate, Mumbai 400038 and shall include its successors and assigns (hereafter called BPCL as a short form).

1.2. VENDOR: Vendor means the person, firm or the Company / Corporation to whom

this Request for quotation (RFQ)/purchase order is issued and shall include its successors and assigns.

1.3. INSPECTOR: Person/agency deputed by BPCL for carrying out inspection,

checking/testing of items ordered and for certifying the items conforming to the purchase order specifications..

1.4. GOODS / MATERIALS: means any of the articles, materials, machinery,

equipments, supplies, drawing, data and other property and all services including but not limited to design, delivery, installation, inspection, testing and commissioning specified or required to complete the order.

1.5. SITE / LOCATION: means any Site where BHARAT PETROLEUM CORPORATION

LTD. desires to receive materials any where in India as mentioned in RFQ. 1.6. “RATE CONTRACT” means the agreement for supply of goods/ materials between

Owner and Vendor, for a fixed period of time (i.e till validity of Rate Contract, with no commitment of contractual quantity) on mutually agreed terms and conditions. The actual supply of goods/ materials shall take place only on issue of separate purchase orders for required quantity as and when required by Owner.

1.7. “FIRM PROCUREMENT” means the agreement between the parties for mutually

agreed terms and conditions with commitment of Quantity Ordered. 2. REFERENCE FOR DOCUMENTATION : 2.1. The number and date of Collective Request for Quotation (CRFQ) must appear on all

correspondence before finalization of Rate Contract / Purchase Order. 2.2. After finalization of Contract / Purchase Order: The number and date of Rate Contract /

Purchase Order must appear on all correspondence, drawings, invoices, dispatch advices, (including shipping documents if applicable) packing list and on any documents or papers connected with this order.

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

3. RIGHT OF OWNER TO ACCEPT OR REJECT TENDER :

The right to accept the tender will rest with the Owner.

4. LANGUAGE:

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

5. Price :

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

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

6. TAXES AND DUTIES :

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

6.1. EXCISE DUTY : 6.1.1. Excise duty extra as applicable at the time of delivery within scheduled delivery

period will be payable by BPCL against documentary evidence. Vendor shall mention in their offer, the percentage of excise duty applicable at present. Any upward variation in excise duty rates, beyond the contractual delivery period, shall be to vendor‟s account.

6.1.2. In case Excise Duty is not applicable at present : Excise duty due to change in turn

over is not payable. If applicable in future, the same will be borne by vendor. 6.1.3. Owner shall take CENVAT Credit on the material supplied for both excise duty and

cess component and accordingly Excise duty / Cess should be quoted separately wherever applicable.

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

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6.2. SALES TAX / VAT/GST : 6.2.1. Sales Tax as applicable at the time of delivery within scheduled delivery period will

be payable by BPCL. Vendor shall give details of local sales tax and/oror central sales tax currently applicable in their offer. The rates applicable for “CST without form C”, “CST with form C" and “VAT” shall be clearly indicated.

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

the TAX invoice. 6.3 Service tax :

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

a) Name, address and registration number of the service provider b) Name and address of person receiving taxable service c) Description, classification and value of taxable service provided d) Service Tax Payable

6.4 FREIGHT AND OCTROI : 6.4.1 Freight: Firm freight charges to be quoted as indicated in the Tender documents.

Freight shall be payable after receipt of the Material(s) at the site, unless otherwise specified.

6.4.2. Octroi and entry taxes, if any, shall be invoiced separately and shall be re-imbursed

by BPCL at actuals after receipt of the Material(s) at the Site against the submission of original documentary evidence for proof of payment of the related octroi and entry taxes, as the case may be.

6.5. NEW STATUTORY LEVIES :

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

6.6 Variation in Taxes/Duties

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

7. INSPECTION : 7.1. Materials shall be inspected by BPCL approved third party inspection agency if

applicable before dispatch of materials. However, arranging and providing inspection

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facilities is entirely vendor‟s responsibility and in no way shall affect the delivery schedule.

7.2. Scope of Inspection shall be as per RFQ. Our registered third party inspection

agencies are SGS/GLISPL/IRS/DNV/LRIS/EIL/TATA Projects/PDIL/ULIPL/RITES LTD/ITSIPL as amended time to time unless otherwise specified in the Special Purchase Conditions.

7.3. Unless otherwise specified, the inspection shall be carried out as per the relevant

standards/scope of inspection provided alongwith the Tender Enquiry/Purchase Order. 7.4. BPCL may, at its own expense, have its representative(s) witness any test or

inspection. In order to enable BPCL‟s representative(s) to witness the tests/inspections. BPCL will advise the Vendor in advance whether it intends to have its representative(s) be present at any of the inspections.

7.5. Even if the inspection and tests are fully carried out, the Vendor shall not be

absolved from its responsibilities to ensure that the Material(s), raw materials, components and other inputs are supplied strictly to conform and comply with all the requirements of the Contract at all stages, whether during manufacture and fabrication, or at the time of Delivery as on arrival at site and after its erection or start up or consumption, and during the defect liability period. The inspections and tests are merely intended to prima-facie satisfy BPCL that the Material(s) and the parts and components comply with the requirements of the Contract. The Vendor‟s responsibility shall also not be anywise reduced or discharged because BPCL or BPCL‟s representative(s) or Inspector(s) shall have examined, commented on the Vendor‟s drawings or specifications or shall have witnessed the tests or required any chemical or physical or other tests or shall have stamped or approved or certified any Material(s).

7.6. Although material approved by the Inspector(s), if on testing and inspection after

receipt of the Material(s) at the location, any Material(s) are found not to be in strict conformity with the contractual requirements or specifications, BPCL shall have the right to reject the same and hold the Vendor liable for non-performance of the Contract.

8. SHIPPING : 8.1 SEA SHIPMENT : All shipment of materials shall be made by first class direct vessels, through the

chartering wing, Ministry of Surface Transport as per procedure detailed hereunder. The Foreign Supplier shall arrange with Vessels Owners or Forwarding Agents for proper storage of the entire Cargo intended for the project in a specific manner so as to faciliate and to avoid any over carriage at the port of discharge. All shipment shall be under deck unless carriage on deck is unavoidable.

The bills of lading should be made out in favour of `Bharat Petroleum Corporation

Ltd.. or order'.

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All columns in the body of the Bill of Lading namely marks and nos., material description, weight particulars etc., should be uniform and accurate and such statements should be uniform in all the shipping documents. The freight particulars should mention the basis of freight tonnage, heavy lift charges, if any, surcharge, discount etc. clearly and separately. The net total freight payable shall be shown at the bottom.

SHIPPING DOCUMENTS : All documents viz. Bill of Lading, invoices, packing list, freight memos, country of

origin certificates, test certificate, drawings and catalogues should be in English language.

In addition of the bill of lading which should be obtained in three stamped original

plus as many copies as required, invoices, packing list, freight memos,(if the freight particulars are not shown in the bills of lading), country of origin certificate, test / composition certificate, shall be made out against each shipment in as many number of copies as shown below.

The bill of lading, invoice and packing list specifically shall show uniformly the mark

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

In the case of FOB orders, Shipping arrangements shall be made by the Chartering

Wing Of the Ministry of Surface Transport, New Delhi through their respective forwarding

agents. The names and addresses of forwarding agents shall be as per Special Purchase Conditions. Supplier shall furnish to the respective agents the full details of consignments such as outside dimension, weights (both gross and net) No of packages, technical description and drawings, name of supplier, ports of loading, etc. 6 weeks notice shall be given by the supplier to enable the concerned agency to arrange shipping space.

The bill of lading shall indicate the following : Shipper : Goverment of India Consignee : Bharat Petroleum Corporation Ltd. In case of supplies from USA, Export Licences, if any required from the American

Authorities shall be Obtained by the U.S. Suppliers. If need be assistance for obtaining such export licences would be available from India Supply Mission at Washington.

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8.2 AIRSHIPMENT : In case of Airshipment, the materials shall be shipped through freight consolidator

(approved by us). The airway bill shall be made out in favour of BHARAT PETROLEUM CORPORATION LTD.

TRANSMISSION OF SHIPPING DOCUMENTS : Foreign Supplier shall obtain the shipping documents in seven complete sets

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

If in terms of letter or otherwise, the complete original set of documents are

required to be sent to BPCL through Bank the distribution indicated below will confine to copies of

documents only minus originals. Documents BPCL (Mumbai) Bill of Lading 4 (including 1 original) Invoice 4 Packing List 4 Freight Memo 4 Country of Origin Certificate 4 Third party inspection certificate 4 Drawing 4 Catalogue 4 Invoice of Third Party 4 for inspection charges whenever applicable. 9. INDIAN AGENT COMMISSION : Any offer through Indian agents will be considered only after authorization

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

10. ORDER AWARD / EVALUATION CRITERIA :

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

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11. CONFIRMATION OF ORDER :

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

12. PAYMENT TERMS : 12.1. Unless otherwise specified, 100% payment shall be made within 30 days from date

of receipt and acceptance of materials at Site against submission of Peformance Bank Guarantee (PBG) for 10% of basic order value if PBG is applicable for the tender.

12.2. In the case of imports, payment will be made on submission of original documents

directly to Owner (Telegraphic Transfer-TT) or through Bank (Cash against documents-CAD) or through irrevocable Letter of Credit.

12.3. Unless otherwise mentioned, the specified documents (All documents listed below

(one original and two copies)) should be submitted to originator of P.O. (the name and contact details of whom are given in PO) and payments for despatches will be made by the originator of Purchase Order :

a) Invoice b) Excise invoice c) The Lorry Receipt of the consignment d) Packing list for the consignment e) Third Party Inspector‟s Certificate covering the invoiced Material(s)/ Release

Note, wherever applicable f) Manufacturers Test/Composition Certificate, wherever applicable g) Drawing(s)/Catalogue(s) covering the Material(s) , wherever applicable h) Guarantee/Warranty Certificate(s), wherever applicable. i) Original Receipt for Octroi/other statutory levies as applicable. j) Performance Bank Guarantee as applicable.

13. GUARANTEE/WARRANTY : 13.1. Materials shall be guaranteed against manufacturing defects, materials, workmanship

and design for a period of 12 months from the date of commissioning or 18 months from the date of dispatch whichever is earlier. Warranty for replacement of material / accessories should be provided free of charges at our premises. The above guarantee/warranty will be without prejudice to the certificate of inspection or material receipt note issued by us in respect of the materials.

13.2. All the materials including components and sub contracted items should be

guaranteed by the vendor within the warranty period mentioned above. In the event of any defect in the material, the vendor will replace / repair the material at BPCL‟s concerned location at vendor‟s risk and cost on due notice.

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

13.4. The Vendor shall provide similar warrantee on the parts, components, fittings,

accessories etc. so repaired and / or replaced. 14. PERFORMANCE BANK GUARANTEE : 14.1. Vendor will have to provide Performance Bank Guarantee for 10% of the basic value

of purchase order unless otherwise specified. This bank guarantee shall be valid (shall remain in force) for guarantee period (as mentioned in the guarantee clause), with an invocation period of six months thereafter. In the case of Indigenous vendors, the Performance Bank Guarantee shall be given on a non-judicial stamp paper of appropriate value (currently Rs 100). PBG format is as per Annexure I.

In case, PBG is not provided by the Vendor, 10% of the basic value shall be retained in lieu of PBG, till the expiry of guarantee and claim period. In the case of imports, the Supplier shall furnish the Performance Bank Guarantee (as per Annexure I) through the following : a) Branches of Indian scheduled banks operating in their Country. b) Foreign bank operating in their Country which is counter guaranteed by branches

of Indian scheduled banks operating in their Country/India. c) Indian branches of foreign banks. d) Foreign bank operating in their Country counter guaranteed by their Indian

branch

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

14.2. If Vendor wants to submit the PBG at Contract level to avoid multiple number of PBG

(i.e. PBG issued against every purchase/call off order) then the validity of PBG will be calculated as mentioned below :

14.2.1. Validity of PBG = Rate Contract Issue Date (Start Date of Rate Contract) + Rate

Contract Period (validity of Rate Contract) + Contractual Delivery Period of material + Contractual Guarantee period + 6 month (for invocation / Claim).

15. PACKING & MARKING : 15.1 PACKING : 15.1.1 Packing shall withstand the hazards normally encountered with the means of transport

for the goods of this purchase order including loading and unloading operation both by crane and by pushing off.

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

Raw/Solid wood packaging material of imported items has to be appropriately

treated & marked as per International Standard of Phytosanitary Measures (ISPM-15") for material originating from the contracting countries to the International Plant Protection Convention or the members of Food & Agriculture Organization. Material from non-contracting parties would have to be accompanied by a phytosanitary certificate of the treatment endorsed. The Custom Officer at Indian Port shall not release the material without appropriate compliance of the above provisions w.e.f. 01.11.2004.

15.1.2 The packing specification incorporated herein are supplementary to the internal and

external packing methods and standards as per current general rules of J.R.A. Good Tariff Part-I. All packaging shall be done in such a manner as to reduce volume as much as possible.

15.1.3 Fragile articles should be packed with special packing materials depending on the

type of Materials and the packing shall bear the words "HANDLE WITH CARE GLASS FRAGILE, DON'T ROLL THIS END UP. THIS END DOWN," to be indicated by arrow.

15.1.4 Chemicals in powder form, catalyst, refractories and like materials etc. shall be

packed in drums, cans and tins only. However, Catalyst may be supplied in Jumbo bags.

15.1.5 The hazardous materials shall be packed in accordance with the applicable rules,

regulations and tariff of all cognizant Government Authorities and other Governing bodies. It shall be the responsibility of the seller of hazardous materials to designate the material as hazardous and to identify each material by its proper commodity name and its hazardous material class code.

15.1.6 All package requiring handling by crane should have sufficient space at appropriate

place to put sling of suitable dia (strength). Iron/Steel angle should be provided at the place where sling marking are made to avoid damage to package/ equipment while lifting.

15.1.7 Item shipped in bundles must be securely tied with steel wire or strapping. Steel

reinforcing rods, bars, pipes, structural members etc. shall be bundled in uniform lengths and the weight shall be within the breaking strength of the securing wire or strapping.

In the case of imports, for bundles the shipping marks shall be embossed on metal

or similar tag and wired securely on each end. 15.1.8 All delicate surface on equipment/materials should be carefully protected and printed

with protective paint/compound and wrapped to prevent rusting and damage.

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

15.1.10 Attachments and spare parts of equipment and all small pieces shall be

packed separately in wooden cases with adequate protection inside the case and wherever possible should be sent along with the main equipment. Each item shall be suitably tagged with identification of main equipment, item denomination and reference number of respective assembly drawing. Each item of steel structure and furnaces shall be identified with two erection markings with minimum lettering height of 15mm. Such markings will be followed by the collection numbers in indelible ink/paint. A copy of the packing list shall accompany the materials in each package.

15.1.11 All protrusions shall be suitably protected by providing a cover comprising of

tightly bolted wooden disc on the flanges. All nozzles, holes and openings and also all delicate surfaces shall be carefully protected against damage and bad weather. All manufactured surfaces shall be painted with rust proof paint.

In the case of imports, for bulk uniform material when packed in several cases,

progressive serial numbers shall be indicated on each case. 15.1.12 Wherever required, equipment/materials instruments shall be enveloped in

polythene bags containing silicagel or similar dehydrating compound. 15.1.13 Pipes shall be packed as under:

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

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

c. Above 100mm NB in loose.

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

irrespective of their sizes. 15.1.15 Pipes with threaded or flanged ends shall be protected with suitable caps

covers, before packing.

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

15.1.16 Detailed packing list in waterproof envelope shall be inserted in the package

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

15.1.17 The supplier shall be held liable for all damages or breakages to the goods

due to the defective or insufficient packing as well as for corrosion due to insufficient protection.

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15.1.18 Packaged equipment or materials showing damage defects or shortages

resulting from improper packaging materials or packing procedures or having concealed damages or shortages, at the time of unpacking shall be to the supplier‟s account.

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

In the case of imports, a distinct colour splash in say red black around each package

crate / bundle shall be given for identification. 15.1.19 Along with the packed material, supplier should attach material list,

manuals/instructions and also the Inspection certificate/release note, wherever applicable.

15.2. MARKING :

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

a) Purchase Order Number b) Vendor Name c) Batch no with Manufacturing date d) Procedure (in brief) for handling e) Date of dispatch etc.

15.3 Imported items :

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

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BHARAT PETROLEUM CORPORATION LIMITED (With detailed address as given in Special Purchase Conditions) From : To : Bharat Petroleum Corpn.Ltd. (With detailed address as given in Special Purchase Conditions) Order no. Rev. no. Item : Equipment Nomenclature : Net weight : Kgs. Gross weight : Kgs. Case No. of Total cases : Dimensions : Import Licence No. NOTE :

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

Top heavy containers shall be so marked either Top Heavy or Heavy Ends. When packing material is clean and light coloured, a dark black stencil paint shall be acceptable. However, where packaging material is soiled or dark, a coat of flat zinc white paint shall be applied and allowed to dry before applying the specific markings. In case of large equipments like vessels, heat exchangers, etc. the envelope containing the documents shall be fastened inside a shell connection, with an identifying arrow sign "documents" using indelible paint.

16. DELIVERY : 16.1. Unless otherwise mentioned, Vendor is requested to quote their best delivery schedule from the date of receipt of Purchase order. 16.2. Time being the essence of this contract, the delivery mentioned in the purchase

order shall be strictly adhered to and no variation shall be permitted except with prior authorization in writing from the Owner. Goods should be delivered, securely packed and in good order and condition, at the place of delivery and within the time specified in the purchase order for their delivery.

16.3. The contractual delivery period is inclusive of all the lead time for engineering /

procurement of raw material, the manufacturing, inspection / testing, packing, transportation or any other activity whatsoever required to be accomplished for effecting the delivery at the required delivery point.

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

16.5. BPCL shall have the right to advise any change in despatch point or destination in

respect of any Material(s). Any extra expenditure incurred by the Vendor on this account supported by satisfactory documentary evidence, will be reimbursed to the Vendor by BPCL.

17. UNLOADING AND STACKING :

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

18. TRANSIT INSURANCE :

Unless otherwise mentioned, 18.1. Transit Insurance shall be covered by BPCL against its Mega Package Policy. 18.2 In the case of imports, insurance against all marine and transit risk shall be covered

under the Owner's marine policy. However, the Vendor shall ensure that in effecting shipments clear bill of lading are obtained and the carrier's responsibility is fully retained on the Carriers so that the consignee's interests are fully secured and are in no way jeopardized.

18.2. The Vendor shall send BPCL information of the proposed consignment well in

advance by telegram/fax/e-mail/courier to enable BPCL to take necessary action for the transit insurance of the consignment. Any failure by the Vendor to do so shall place the consignment at the Vendor‟s risk.

18.3. In the case of imports, as soon as any shipment is made, the Foreign Supplier shall

send advance information by way of Telex message to Bharat Petroleum Corporation Ltd., (with detailed address as given in Special Purchase Conditions) giving particulars of the shipments, vessels name, port of shipment, bill of lading number and date, total FOB and freight value.

19 VALIDITY OF OFFER:

The rates quoted against this tender shall be valid for a period of 90 Days from the date of opening of the tender unless otherwise specified in the Special Purchase Conditions.

20. DELIVERY DATES AND PRICE REDUCTION SCHEDULE : 20.1. The time and date of Delivery of Material(s) as stipulated in the Contract shall be

adhered to on the clear understanding that the Price(s) of the Material(s) has/have been fixed with reference to the said Delivery date(s).

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

20.3. The delivery period quoted must be realistic & specific. The inability of successful

Vendors to execute orders in accordance with the agreed delivery schedule will entitle BPCL, at its options, to :

20.3.1. Accept delayed delivery at prices reduced by a sum equivalent to half percent

(0.5%) of the basic value of any goods not delivered for every week of delay or part thereof, limited to a maximum of 5% of the total basic order value. LR date will be considered as delivery completion date for calculation of price reduction in the case of ex works contract. Date of receipt of materials at owners premises shall be considered for calculation of price reduction for F.O.R destination contract.

In the case of imports, the contractual delivery date shall be considered from the date of Letter of Credit (L/C) or the date of L/C amendment because of Buyer‟s fault plus one week (to take care of transit time for receipt of L/c) plus the delivery schedule as indicated by the vendors.

In case of the shipment taking place on “Cash against documents”, the contractual delivery shall be taken from the date of purchase order plus one week (to take care of transit time for receipt of order) plus delivery period.

Further the date of B/L or House airway bill shall be considered to find out the delay with respect to contractual delivery date. In case of FOB shipments if the vessel is not available then the intimation by vendors regarding readiness of the goods for the shipment shall be considered for calculating the delay if any. So vendor shall inform the readiness of material for shipment on FOB (Free on Board)basis / FCA (Free on Carrier) basis.

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

21. RISK PURCHASE CLAUSE :

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

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22. FORCE MAJEURE CLAUSE :

(A) Definition: The term “Force Majeure” means any event or circumstance or combination of events or circumstances that affects the performance by the vendor of its obligations pursuant to the terms of this Agreement (including by preventing, hindering or delaying such performance), but only if and to the extent that such events and circumstances are not within the vendor‟s reasonable control and were not reasonably foreseeable and the effects of which the vendor could not have prevented or overcome by acting as a Reasonable and Prudent person or, by the exercise of reasonable skill and care. Force Majeure events and circumstances shall in any event include the following events and circumstances to the extent they or their consequences satisfy the requirements set forth above in this Clause:

(i) the effect of any element or other act of God, including any storm, flood, drought, lightning, earthquake, tidal wave, tsunami, cyclone or other natural disaster;

(ii) fire, accident, loss or breakage of facilities or equipment, structural collapse or explosion;

(iii) epidemic, plague or quarantine;

(iv) air crash, shipwreck, or train wreck;

(v) acts of war (whether declared or undeclared), sabotage, terrorism or act of public enemy (including the acts of any independent unit or individual engaged in activities in furtherance of a programme of irregular warfare), acts of belligerence of foreign enemies (whether declared or undeclared), blockades, embargoes, civil disturbance, revolution, rebellion or insurrection, exercise of military or usurped power, or any attempt at usurpation of power;

(vi) radioactive contamination or ionizing radiation;

( B) Notice and Reporting:

( i ) The Vendor shall as soon as reasonably practicable after the date of commencement of the event of Force Majeure, but in any event no later than two (7) days after such commencement date, notify the BPCL in writing of such event of Force Majeure and provide the following information:

(a) reasonably full particulars of the event or circumstance of Force Majeure and the extent to which any obligation will be prevented or delayed;

(b) such date of commencement and an estimate of the period of time required to enable the vendor to resume full performance of its obligations; and

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(c) all relevant information relating to the Force Majeure and full details of the measures the vendor is taking to overcome or circumvent such Force Majeure.

(ii) The Vendor shall, throughout the period during which it is prevented from performing, or delayed in the performance of, its obligations under this Agreement, upon request, give or procure access to examine the scene of the Force Majeure including such information, facilities and sites as the other Party may reasonably request in connection with such event. Access to any facilities or sites shall be at the risk and cost of the Party requesting such information and access.

(C) Mitigation Responsibility:

(i) The Vendor shall use all reasonable endeavours, acting as a Reasonable and Prudent Person, to circumvent or overcome any event or circumstance of Force Majeure as expeditiously as possible, and relief under this Clause shall cease to be available to the Vendor claiming Force Majeure if it fails to use such reasonable endeavours during or following any such event of Force Majeure.

(ii) The Vendor shall have the burden of proving that the circumstances constitute valid grounds of Force Majeure under this Clause and that it has exercised reasonable diligence efforts to remedy the cause of any alleged Force Majeure.

(iii) The Vendor shall notify BPCL when the Force Majeure has terminated or abated to an extent which permits resumption of performance to occur and shall resume performance as expeditiously as possible after such termination or abatement.

(D) Consequences of Force Majeure. Provided that the Vendor has complied and continues to comply with the obligations of this Clause and subject to the further provisions:

(i) the obligations of the Parties under this Agreement to the extent performance thereof is prevented or impeded by the event of Force Majeure shall be suspended and the Parties shall not be liable for the non-performance thereof for the duration of the period of Force Majeure; and

(ii) the time period(s) for the performance of the obligations of the Parties under this Agreement to the extent performance thereof is prevented or impeded by the event of Force Majeure shall be extended for the duration of the relevant period of Force Majeure except as provided herein.

(E) Force Majeure Events Exceeding 60 Days

(i) If an event or series of events (alone or in combination) of Force

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Majeure occur, and continue for a period in excess of 60 consecutive days, then BPCL shall have the right to terminate this agreement, whereupon the Parties shall meet to mitigate the impediments caused by the Force Majeure event.

23. ARBITRATION CLAUSE : 23.1 Any dispute or difference of any nature whatsoever, any claim, cross-claim, counter-claim or set off of BPCL/Vendor against omission or on account of any of the parties hereto arising out of or in relation to this Contract shall be referred to the Sole Arbitration of Director(Marketing) / Director (HR) / Director (R) of BPCL as the case may be or to some officer of BPCL who may be nominated by them. 23.2. In the event the Arbitrator being unable or refusing to act for any reason

whatsoever, the said Directors of BPCL shall designate another person to act as an Arbitrator in accordance with the terms of the said Contract/Agreement. The Arbitrator newly appointed shall be entitled to proceed with the reference from the point at which it was left by his predecessor.

23.3. It is known to the parties herein that the Arbitrator appointed hereunder is an

employee of the Corporation and may be Share holder of the Corporation. 23.4. The award of the Arbitrator so appointed shall be final, conclusive and binding on all

the parties to the contract and the law applicable to arbitration proceedings will be the Arbitration and Conciliation Act, 1996 or any other enactment in replacement thereof.

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

be Mumbai. 23.6. The parties hereby agree that the Courts in the city of Mumbai alone shall have

jurisdiction to entertain any application or other proceedings in respect of anything arising under this Agreement and any Award or Awards made by the Sole Arbitrator hereunder shall be filed, if required, in the concerned Courts in the City of Mumbai alone. (legal)

24. INTEGRITY PACT (IP) :

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

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25. RECOVERY OF SUMS DUE :

Whenever, any claim against vendor for payment of a sum of money arises out of or under the contract, the owner shall be entitled to recover such sums from any sum then due or when at any time thereafter may become due from the vendor under this or any other contract with the owner and should this sum be not sufficient to cover the recoverable amount of claim(s), the vendor shall pay to BPCL on demand the balance remaining due.

26. CONFIDENTIALITY OF TECHNICAL INFORMATION :

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

27. PATENTS & ROYALTIES :

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

28. LIABILITY CLAUSE :

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

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owner and all costs of proceedings, suit or actions which owner may incur or sustain in respect of the same.

29. COMPLIANCE OF REGULATIONS :

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

30. REJECTION, REMOVAL OF REJECTED GOODS AND REPLACEMENT:

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

31. NON-WAIVER :

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

32. NEW & UNUSED MATERIAL :

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

33. PURCHASE PREFERENCE CLAUSE :

Owner reserves its right to allow Public Sector Enterprises (Central/State), purchase preference as admissible/applicable from time to time under the existing Govt.

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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. Owner reserves its right to allow Micro and Small Enterprises (MSEs) and MSEs owned by Scheduled Caste (SC) or the Scheduled tribe (ST) entrepreneurs, purchase preference as admissible/applicable from time to time under the existing Govt. policy. Purchase preference to a MSE and a MSE owned by SC/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.

34. CANCELLATION : 34.1. BPCL reserves the right to cancel the contract/purchase order or any part thereof

through a written notice to the vendor if. 34.1.1. The vendor fails to comply with the terms of this purchase order/contract. 34.1.2. The vendor becomes bankrupt or goes into liquidation. 34.1.3. The vendor fails to deliver the goods on time and/or replace the rejected goods

promptly. 34.1.4. The vendor makes a general assignment for the benefit of creditors. 34.1.5. A receiver is appointed for any of the property owned by the vendor. 34.2. Upon receipt of the said cancellation notice, the vendor shall discontinue all work on

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

35. ANTI –COMPETITIVE AGREEMENTS/ABUSE OF DOMINANT POSITION :

The Competition Act, 2002 as amended by the Competition (Amendment) Act, 2007 (the Act), prohibits anti- competitive practices and aims at fostering competition and at protecting Indian markets against anti- competitive practices by enterprises. The Act prohibits anti- competitive agreements, abuse of dominant position by enterprises, and regulates combinations (consisting of acquisition, acquiring of control and M&A) wherever such agreements, abuse or combination causes, or is

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likely to cause, appreciable adverse effect on competition in markets in India. 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 Vendors are bound by the decision of the Competitive Commission and also subject to penalty and other provisions of the Competition Act.

36. ASSIGNMENT The Vendor can / does not have any right to assign his rights and obligations under these general purchase conditions without the prior written approval of BPCL. 37. GOVERNING LAW These General Purchase Conditions shall be governed by the Laws of India. 38. AMENDMENT Any amendment to these General Purchase Conditions can be made only in writing and with the mutual consent of the parties to these conditions. 39. SPECIAL PURCHASE CONDITIONS In case of a conflict between the clauses, terms and conditions of General Purchase Conditions and Special Purchase condition, the clauses, terms and conditions of Special Purchase Condition will have an overriding effect over General Purchase Conditions and the same shall be applicable. 40. NOTICES

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

Vendor _______________________ _______________________ _______________________

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

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Annexure I

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

To, Bharat Petroleum Corporation Limited --------------------------------- -------------------------------- Dear Sir, In consideration of the Bharat Petroleum Corporation Limited, (hereinafter called „the Company‟ which expression shall include its successors and assigns) having awarded to M/s. (Name) ………. (Constitution)………….. (address) ……….(hereinafter referred to as “The vendor” which expression shall wherever the subject or context so permits include its successors and assigns) a supply contract in terms interalia, of the Company‟s Purchase order No…….. dated ………. and the General and Special Purchase Conditions of the Company and upon the condition of vendor‟s furnishing security for the performance of the vendor‟s obligations and/or discharge of the vendor‟s liability under and / or in connection with the said supply contract upto a sum of Rs.(in figures)…………..Rs(in words)…………………………only amounting to 10% (ten percent)of the total contract value. We, (Name)…………..(constitution) ……………(hereinafter called “the Bank” which expression shall include its successors and assigns) hereby jointly and severally undertake and guarantee to pay to the Company in -----(Currency) forthwith on demand in writing and without protest or demur of any and all moneys any wise payable by the Vendor to the Company under in respect of or in connection with the said supply contract inclusive of all the Company‟s losses and expenses and other moneys anywise payable in respect to the above as specified in any notice of demand made by the Company to the Bank with reference to this Guarantee upto an aggregate limit of Rs(in figures)…………Rs(in words)……………………….only. AND the Bank hereby agrees with the Company that

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

This date shall be 6 months from the last date of guarantee period. ii This Guarantee / Undertaking shall be in addition to any other guarantee or security of whatsoever that the Company may now or at any time otherwise have in relation to the vendor‟s obligation/liabilities under and /or connection with the said supply contract, and the Company shall have full authority to take recourse to or reinforce this security in preference to the other security(ies) at its sole discretion, and no failure on the part of the Company in enforcing or requiring enforcement of any other security shall have the effect of releasing the Bank from its liability hereunder.

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

iv. This Guarantee /Undertaking shall not be determined by the liquidation or winding up ordissolution or change of constitution or insolvency of the vendor but shall in all respects and for all purposes be binding and operative until payment of all moneys payable to the Company in terms hereof. v. The Bank hereby waives all rights at any time inconsistent with the terms of the Guarantee / Undertaking and the obligations of the Bank in terms hereof shall not be anywise affected or suspended by reason of any dispute or disputes having been raised by the vendor (whether or not pending before any Arbitrator, officer, Tribunal or Court) or any denial of liability by the vendor or any other order of communication whatsoever by the vendor stopping or preventing or purporting to stop or prevent any payment by the Bank to the Company in terms hereof. vi. The amount stated in any notice of demand addressed by the Company to the Guarantor as liable to be paid to the Company by the vendor or as suffered or incurred by the Company on account of any losses or damages of costs, charges and or expenses shall as between the Bank and the Company be conclusive of the amount so liable to be paid to the Company or suffered or incurred by the Company, as the case may be and payable by the Guarantor to Company in terms hereof. Yours faithfully, (Signature) NAME & DESIGNATION NAME OF THE BANK NOTES: