TENDER ETHANOL OMCs

EOI No.
1000355961(CYCLE 2),dated 11th NOV 2020, System ID

78511
EXPRESSION OF INTEREST (EOI) FOR REGISTERING (ENROLLING) BIDDERS FOR SUPPLY

OF DENATURED ANHYDROUS ETHANOL FOR PERIOD 1ST DECEMBER 2020- 30TH
NOVEMBER 2025 AND SUPPLY OF AROUND 195 CRORE LITRES OF DENATURED
ANHYDROUS ETHANOL AT OIL MARKETING COMPANIES’ (OMCs) LOCATIONS FOR THE
PERIOD FROM 01.11.2020 TO 30.11.2021
INDIAN OIL CORPORATION LIMITED

BHARAT PETROLEUM CORPORATION LIMITED
HINDUSTAN PETROLEUM CORPORATION LIMITED
Invite
Expression of
Interest (EOI)
for
Registering (Enrolling) bidders for supply of

Denatured Anhydrous Ethanol for
Period
1st December 2020- 30th November 2025 and
Procurement of Denatured Anhydrous Ethanol for
Ethanol Supply Year 2020-21
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EOI No.1000355961(CYCLE 2),dated 11th NOV 2020, System ID
78511

PERIOD FROM 01.11.2020 TO 30.11.2021
(1st December 2020- 30th November2021)
NOTICE INVITING TENDER
1) INDIAN OIL CORPORATION LIMITED (IOCL), BHARAT PETROLEUM

CORPORATION LIMITED (BPCL), HINDUSTAN PETROLEUM CORPORATION
LIMITED (HPCL), Public Sector Enterprises, , intend to procure Denatured
Anhydrous Ethanol, meeting IS 15464:2004 specifications as detailed in
Annexure-I, from Indigenous manufacturers at various Depots/
Terminals/Installations of IOCL/ BPCL/ HPCL across the country for the period
from 01/12/2020 to 30/11/2021. IOCL, BPCL & HPCL shall be referred as
OMCs-Oil Marketing Companies in this EOI document.
2) Central Procurement Organization (Marketing), Bharat Petroleum Corporation

Limited, on behalf of OMCs, invites expression of interest to procure Denatured
Indigenous Anhydrous Ethanol conforming to specification IS 15464:2004 as
detailed in the EOI. Ethanol is to be supplied through Tank Truck on delivered
basis to the OMC’s Company Depots/ Terminals as mentioned in the EOI
document. The bidders can quote for full or part quantity against requirement
in the EOI.
ITEM DETAIL IOC BPC HPC TOTAL

Ethanol
manufactured
4,96,392
from Sugar 9,56,467KL 5,00,778 KL 195,36,38 KL
KL
Cane Juice
/Sugar/Sugar
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Syrup/B
Heavy
Molasses/ C
Heavy
molasses
/Damaged
Food
Grains/Surplus
Rice Procured
from Food
Corporation of
India (FCI)
* Damaged food grains such as broken rice, wheat etc. which are unfit for
Human consumption.
The detailed location wise requirement is given in the EOI document enclosed
as Annexure II.
3) Pre-requisites :
*
Requirement 1: The participating party / bidder must be an
Indigenous Manufacturer of Denatured Anhydrous Ethanol such as
Sugar Mills with Ethanol plants, Standalone distilleries producing
Ethanol from molasses/sugarcane juice, Distilleries producing Ethanol
from damaged food grains such as broken rice, wheat etc. unfit for
human consumption, complying with specifications as per IS
15464:2004.Denatured Anhydrous Ethanol as per IS 15464:2004
should be manufactured indigenously. Directorate General of Foreign
Trade (DGFT), Ministry of Commerce and Industry, Govt. of India has
issued notification no. 27/2015-2020 dated 21.08.2018, placing ethyl
alcohol and other spirits, denatured, of any strength under EXIM Code
2207 20 00, in restricted category for imports and has allowed imports
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PERIOD FROM 01.11.2020 TO 30.11.2021
only for non-fuel purpose. Accordingly, Anhydrous Ethanol supplied to

OMCs under EBP Programme has to be produced from indigenous
sources only and no imported alcohol / ethanol or ethanol
manufactured from imported feedstock is to be supplied to OMCs under
the EBP Programme. Any conduct of the supplier amounting to
violation of the same will be totally unacceptable and if found, supplier
shall be liable for strictest possible action including Holiday listing from
EBP Programme for all future supplies OF Ethanol to OMCs .To this
effect, bidders need to agree to an online declaration as per Annexure
II.
Requirement 2:
Bidders must possess a valid Pollution Control Board (PCB)-Consent to
Operate (CTO) as on original due date of the EOI. Bidder must be in
possession of a valid Consent Order-Consent to Operate, clearly
mentioning production of Absolute Alcohol or ENA (Extra Neutral Alcohol)
or SDS (Special Denatured Spirit) or Alcohol or RS (Rectified Spirit) or
Spirit or Ethanol or Denatured Anhydrous Ethanol. Such valid document
should be submitted by the bidders in the tender box before the due date
of the EOI. CTO will not be required to be submitted by the bidder again
for future EOIs to OMCs till the validity of CTO. Incase CTO has expired
as on due date of bid submission or during the supply period of this EOI,
bidder has to submit copy of TPIA certified expired license with application
submitted to PCB for renewal along with acknowledgement copy from
PCB.
Requirement 3: Bidders must possess a valid “Petroleum and

Explosives Safety Organisation (PESO)” license for storage of class A
products as on original due date of this EOI clearly mentioning the storage
capacity of Class-A products issued by PESO or valid Safety Precautions
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PERIOD FROM 01.11.2020 TO 30.11.2021
letter issued by PESO . Such valid document should be submitted by the

bidders in the tender box before the due date of the EOI. PESO license
will not be required to be submitted by the bidder again for future EOIs
to OMCs till the validity of PESO License. Incase PESO License has expired
submitted to PESO for renewal along with acknowledgement copy from
PESO.
New bidders/Bidders who have not participated in EOI 1000355961,

dated 12.08.2020 or technically disqualified bidders of EOI
No.1000355961,dated 12.08.2020 shall upload the TPIA certified
document online in the e-tendering portal at the time of submission
of bids. Hard copies of the same shall also be submitted by the
bidders. Alternatively, documents signed digitally by the TPIA
agency can be uploaded over e.proc.site
For Technically qualified bidders of EOI No.1000355961 dated

12.08.2020 incase Pollution Control Board-Consent to Operate certificate/
PESO License has expired as on due date of bid submission or during the
supply period of this EOI, bidder has to submit TPIA certified copy of
expired license with application submitted to PCB/PESO for renewal along
with acknowledgement copy from respective department.
Third party Inspection Agency (TPIA) verification and certification will be

required for all the CTO and PESO licenses/Safety Precautions letter
issued by PESO. Hard copy of such documents need to be submitted along
with original TPIA certificate/ verification with original TPIA
Stamp.Bidders shall engage only those TPIAs which are accredited under
“NABCB accredited bodies as per requirement of ISO/IEC 17020 as Type
A” in Quality Council of India’s (QCI’s) National Accreditation Board for
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Certification Bodies (NABCB) website as on the date of verification of

documents (TPIAs must hold validity of accreditation). The details of TPIA
can be sought from the website:
http://nabcb.qci.org.in/accreditation/reg_bod_inspection_bodies.p
hp
4) EARNEST MONEY DEPOSIT (EMD):
All the bidders who intend to participate in this EOI will be required to
submit an interest free Earnest Money Deposit for an amount of rupees
Two Lakhs, EMD can be submitted through any of the following mode:
a. EMD amount can also be transferred through NEFT/RTGS to BPCL bank

account and bidder needs to upload following details in the EMD
envelope on e-procurement portal .:
i. Name of the company
ii. Vendor code, if any
iii. UTR Number
iv. Bank from which money has been transferred
v. Scanned copy of transaction details.
Bank account details of BPCL are as follows:

Standard Chartered Bank Fort Branch
A/c No. 22205238153
IFSC CODE: SCBL0036001
b. in the form of Bank guarantee(BG) issued by any Nationalised

Scheduled Bank approved by Reserve Bank of India (RBI) as
per proforma attached as Annexure III. The BG shall be valid up to
30.11.2025. Claim period should be six months from the last date of
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PERIOD FROM 01.11.2020 TO 30.11.2021
BG validity i.e. 30.11.2025. As per RBI guidelines, Structured Financial

Messaging System (SFMS) has been adopted by most of the Banks for
online BG confirmations. OMCs shall be incorporating the same system
for BG verification & confirmations. Details of bank is as follows:
Name of Bank: State Bank of India
Branch: CAG Branch, Mumbai
Account No: 11083980831
IFSC Code: SBIN0009995
Along with BG, Bidder needs to submit an additional letter which
will be obtained from the issuing bank on its letterhead. The banks
letter should be addressed to BPCL & should contain the same BG
reference which shall be enclosed along with the letter. This letter
must be submitted in original only (Copy of this letter will not be
accepted).Bidders who wish to submit EMD as BG should submit
the above mentioned letter from the bank & BG, in a sealed
envelope and drop in the tender box before the due date of the
EOI at the following address:
K/A: Mrs. Poornima Mittal /Mr. Gunjan Omprakash Bhiwal
Central Procurement Organization,
Bharat Petroleum Corporation Limited,
A- Installation, Sewree Fort Road,
Sewree East, Mumbai 400015.
c. vide a Demand Draft-DD (by the way of crossed A/c Payee) drawn on
nationalized bank in favour of BHARAT PETROLEUM CORPORATION
LTD payable at MUMBAI to be dropped in the tender box at the above
mentioned address.
Since the enrolment / registration would be for long term/ five

years, the EMDs shall be retained by OMCs till 30th Nov’2025.
In case a bidder wishes to quote from multiple distilleries, then

bidder shall be required to submit separate EOI,including EMD for
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each distillery. The EOI will also be needed to be submitted by bidder

from separate digital certificates.
EMD should be submitted in physical form if being submitted as BG or

DD, in original, in a sealed cover, boldly super-scribed on the outer
cover with following details:
• EOI Number
• Item Name
• Closing date / Time
• Name of the EOI
BPCL will not be responsible for non-receipt of instrument(s) due to

postal delay/loss in transit etc. Cheques, cash, Money Orders, Fixed
deposit Receipts etc. towards EMD are not acceptable. Similarly,
request for adjustment against any previously deposited EMD/Pending
Dues/Bills/Security Deposits of other contracts etc. will not be
accepted towards EMD. Bid received without the EMD is liable to be
rejected. Copy of the EMD Document should also be uploaded in the
EMD section of the EOI in the e-tendering portal.
5) EXEMPTION FROM EARNEST MONEY DEPOSIT: Micro and Small Enterprises

(MSEs) registered with District Industries Centers or Khadi and Village
Industries Commission or Khadi and Village Industries Board or Coir Board or
National Small Industries Corporation or Directorate of Handicrafts and
Handloom or any other body specified by Ministry of Micro, Small and Medium
Enterprises for the item mentioned in the EOI are exempted from submission
of EMD. Such bidders must upload the necessary documents to claim exemption
for Earnest Money Deposit in e-tendering portal. A copy of the document must
be sent to above mentioned address as mentioned in point no.4.iv.b / dropped
in the tender box on/before the due date and time mentioned in the EOI.
Bidders registered and submitting certificate of Medium enterprises shall not be

exempted from submission of EMD.
MSE bidder must also submit an online declaration that all the supplies of
Anhydrous denatured Ethanol will be from MSE certified unit only.
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PERIOD FROM 01.11.2020 TO 30.11.2021
MSE documents (UAM/EM-II/ Udyam Registration) need to be certified by

Chartered Accountant (CA) as per enclosed format, refer Annexure – IV. The
original hardcopy of CA certificate and MSE document with original stamp and
seal of CA must be submitted in the tender box, on or before due date of the
EOI. If NSIC certificate is being submitted then the bidder must submit a TPIA
verified (copy with original stamp and seal of TPIA) copy of the same in the
tender box. Alternatively, documents signed digitally by the CA/TPIA agency,
as applicable can be uploaded over e.proc.site
CA Certificate with respect to MSE Document: All bidders quoting as MSE,

should submit CA certificate in original, along with MSE doc. (UAM/EMII/ Udyam
Registration) documents like SC/ST Certificate, Women Entrepreneur proof, to
avail the benefits of Public Procurement Policy as per MSMED Act 2006/Public
Procurement Policy Order 2012. In case CA certificate is not submitted, bid of
the vendor may be rejected at EMD stage. Please find below further points with
respect to same:
 The CA certificate should be dated after the date of floating of
the subject EOI and shall be specific to the EOI for which bid
is being submitted.
 Format of the CA certificate is attached as Annexure IV for
reference and bidder needs to submit certificate strictly in the
said format else bid shall be rejected
Incase the bidder’s MSE (Micro and Small Enterprises) status

gets revised to a non-MSE status any time during the next
five years, then the bidder shall submit EMD of Rs 2 lakhs at
the time of the EOI floated at that time.
EMD is liable to be forfeited (over & above the holiday listing as per
the extant policy) in the event of:
i. Vendors withdraw or alter their bid during the bid validity period
ii. Non-acceptance of Letter of Intent (LOI)/
Purchase Order (PO), if and when placed.
iii. Non-payment of Security Deposit/ Performance Bank Guarantee
amount against LOI/Purchase Order within the stipulated
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PERIOD FROM 01.11.2020 TO 30.11.2021
period mentioned in the EOI.
6) GENERAL INSTRUCTIONS FOR SUBMITEING EXPRESSION OF INTEREST

ON BPCL’S E TENDERING PLATFORM ARE ENCLOSED AS Annexure –V
7) INSTRUCTIONS FOR FILLING TECHNICAL CUM QUANTITY(SINGLE

PART BID) BID
 Acceptance of online forms: Bidders must accept all online
forms, as under, in the technical bid section of the e-tender.
o General Purchase Conditions
o Specials Purchase Conditions
o Integrity Pact
o Declaration of Holiday listing by bidders
o Declaration for documents
o Declaration by MSE bidder
o Affidavit cum Indemnity Bond
o Compliance of Restrictions for Countries which share
Land Border with India
 Submission of Distillery’s Address with Latitude &

Longitude : All the Bidders are required to provide the Lat-
long (Latitude and Longitude) of their supplying plant/
distillery (Out Gate) as per Google Maps, in the technical bid
section. To get the Lat-long of any place/ building in Google
Maps just place the cursor over the distillery location and left
click to place a pointer which will display the Lat-long. The two
numbers are to exactly taken as Lat-Long without any
conversion. The bidders are required to key in the latitude and
longitude of the distillery/unit/ethanol plant (as per Google
maps) accurately to 6 decimal places. These lat-long
provided by the bidders during the EOI shall remain sacrosanct
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PERIOD FROM 01.11.2020 TO 30.11.2021
for five years in OMC records for the purpose of calculation of

distances of Ethanol manufacturing unit to OMC locations for
arriving at transportation rates. Distance of the
distillery/Sugar factory/unit of Bidders is the distance between
nearest OMC in gate and the Distillery/sugar factory/ unit Out
gate.
Illustration : Screen shot of Lat-Long of Mumbai International airport is as

below:
 Filling Quantity Bid : Bidders to quote Ethanol quantities to

be supplied by them against the requirement of OMCs,
locationwise, categorywise for the period 1st December 20-30th
November 21 in the quantity bid. Allocation to technically
qualified bidders of EOI 1000355961 dated 12.08.2020 and
new bidders qualified technically in this EOI ( based on
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submission pre-requiste documents as mentioned above)

bidder will be done for the entire period of 1st December 20-
30th November 21.
 Bidders to quote Ethanol quantities to be supplied by them

against quarterly requirement of OMCs, locationwise
/categorywise/ quarterwise in the quantity bid. The periods
would be as under:
Quarter 1(Q1)- December 2020- February 2021

Quarter 2(Q2)-March 2021, April 2021 & May 2021
Quarter 3 (Q3) –June 2021, July 2021 & August 2021
Quarter 4 (Q4)- September 2021,October 2021 & November 2021 .
Ethanol produced from different feed stocks namely Sugar Cane Juice
/Sugar/Sugar Syrup/B Heavy Molasses/ C Heavy molasses /Damaged
Food Grains-unfit for human consumption/Surplus Rice procured from
FCI is being procured by OMCs and same has been mentioned in
quantity bid form. Bidders must select the location(s) and offer their
quantity for the selected location(s) under the respective category for
the respective period. Bidders cannot offer total quantity more than the
requirement for that location. The total/combined quantity offered by
the bidder in Quantity Bid of this EOI and the quantity allocated in
quantity bidding (EOI No.1000355961QuantityBid) dated 19.10.2020
shall not exceed their total licensed capacity. Accordingly, bidders need
to agree to the following online declaration:
“I/we confirm that the total quantity offered at one or more locations
from a particular distillery/Sugar Factory does not exceed the licensed
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capacity of that distillery/Sugar Factory. I/We also confirm that

aggregate of quantity of ethanol allotted in Quantity Bidding (EOI
No.1000355961QuantityBid) dated 19.10.2020 plus quantity being
offered from various feedstocks by me/us in this cycle is within my/our
licensed capacity.
Further, I/we understand that if it is found that I/we have offered excess
quantity than the licensed capacity of that distillery/Sugar Factory, then
my/our declaration shall be treated as submission of a False document
and appropriate action as per EOI conditions would be initiated by
OMCs.”
 Bidders need to enter the following in the quantity bid form

 Address of Bidder's Distillery/ Sugar factory
 Distillery / Sugar factory State
 Quantity** offered at OMC locations in Kilo Liters (KL) for one
or more quarter.
 Bidder may choose to quote quantities for supply of ethanol
from one or more feed stock
**Minimum quantity of 100 Kl has to be offered per location per

quarter.
Bidder cannot quote Ethanol quantity more than one fourth of the annual
licensed capacity (cumulative of all categories of feed stock) for any
quarter and any augmentation of licensed capacity thereof irrespective
of feedstock of Ethanol, including the quantities allocated in Quantity
Bidding (EOI No.1000355961QuantityBid) dated 19.10.2020
If after opening of price bid it is found that the bidder has quoted more
than 1/4th of the annual licensed capacity including the quantities
allocated in Quantity Bidding (EOI No.1000355961QuantityBid) dated
19.10.2020 and/or augmented annual licensed capacity effective from
applicable quarters, in any of the quarter of any location / few
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locations/all locations, then such bid(s) will be rejected for all the
locations.
If after allocation it is found that the bidder has quoted more than 1/4th
of the licensed capacity in any of the quarter of any location / few
locations/all locations including the quantities allocated in Quantity
Bidding (EOI No.1000355961QuantityBid) dated 19.10.2020 then the
allocation will be cancelled for all the locations and the quantity/ies will
be reallocated to other technically qualified eligible bidders for such
location(s).
8) DISTANCE SLABS OF THE BIDDERS SHALL BE CALCULATED BY OMCS AS

FOLLOW:
a. Distance of distillery/Sugar factory/unit of existing successful

bidders to OMC locations for whom distance in EOI 1000355961 (
DATED 12th Aug 2020, has been verified, same shall be taken for
evaluation of Bids for this EOI also.
b. Distance of distillery/Sugar factory/unit of bidders who have not

quoted in previous EOI 1000355961 (Dated 12th Aug 2020 will be
verified in line with the Lat-Long provided by them, as per Google
Maps in this EOI.
c. Distance slabs of the distillery/Sugar factory/unit of Bidders is the

distance between nearest OMC in gate and the Distillery/sugar
factory/ unit Out gate.
9) RATES OF ETHANOL
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A) In line with MoPNG notification dated 29th Oct2020 the price of Ethanol for
Ethanol Supply Year 2020-21 from 01 December 2020 to 30 November 2021
is fixed as below:
 The price of ethanol from C heavy molasses route is fixed at Rs.45.69

per litre.
 The price of ethanol from B heavy molasses route is fixed at Rs.57.61
per litre.
 The price of ethanol from sugarcane juice/sugar/sugar syrup route is
fixed at Rs.62.65 per litre.
OMCs are guided by MOP&NG circulars/ PIB notifications regarding

prices of ethanol for EBP Programme. Rate for ethanol derived from
damaged food grains unfit for human consumption is Rs.51.55
per litre and rate for ethanol derived from Surplus Rice procured
from FCI has been fixed as Rs.54.87 per litre
 Ethanol manufactured from Special Denatured Spirit (SDS), Extra

Neutral Alcohol (ENA), Rectified Spirit (RS) etc. which have been
manufactured from C-Heavy molasses are to be categorized in C-heavy
molasses and to be quoted under the respective column in the price bid
form accordingly. Similarly Ethanol manufactured from Special
Denatured Spirit (SDS), Extra Neutral Alcohol (ENA), Rectified Spirit
(RS) etc.which has been manufactured Sugarcane Juice/Sugar/Sugar
Syrup or B-Heavy Molasses or from Damaged Food Grains/Surplus Rice
procured from FCI are to be categorized and quoted under the
respective column in the price bid form accordingly.
B) The following transportation rates shall be applicable and will be paid to

bidders for supply of ethanol:
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Slabs (One way distance in

Transportation Rates (Rs./kl)
km)
0 to 75 155
>75 to 200 339
>200 to 400 721
>400 to 600 1209
>600 to 800 1697
>800 to 1000 2184
>1000 to 1200 2904
Per kl rate shall be Rs. 2904/kl for

1200 KM + Rs. 2.09 x KM (as per Google maps)
>1200
beyond
1200 KM (one way)
* Distance slabs of the distillery unit of Bidders is the one way

distance in KM, between nearest OMC in gate and the Distillery unit’s
out gate.
C) Goods and Service Tax (GST) in %: GST @5% is applicable for HSN code
2207 for Ethanol .
D) Delivered cost will be total of administered price/rate for Ethanol,

transportation rates and GST as applicable. In case of revision in the
Administered price of Ethanol by Govt. of India, effective date for
implementation of new Administered price of Ethanol will be either the date
of Press Information Bureau (PIB) release or as mentioned in PIB Note or as
advised by Govt. of India to OMCs.
10) In the states where Industries (Development & Regulation) Amendment Act
(IDR) Act is being implemented or will be implemented at future date, all the
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conditions mentioned by state government have to be complied by the

successful bidders.
11) PROVISIONS TO QUOTE
Bidder will be expected to supply to multiple OMC locations throughout

the country except ‘Lakshadweep and Andaman and Nicobar Islands.
12) EVALUATION / ORDER AWARD CRITERIA:
The criteria for allocation of offered quantities from the bidders for ESY
20-21 is as under:
1. Supplies from Within State: The quantity offers received from

bidders (plants located in a particular state) for an OMC location in that
particular state would be allocated w.r.t the requirement of OMC
locations. The allocation of ethanol from various feedstock shall be
made on priority in the same order as listed below:
Category A: Sugarcane Juice/ Sugar / Sugar Syrup

Category B: B-Heavy Molasses
Category C: C-Heavy Molasses / Damaged food grains unfit of human
consumption / Surplus rice sourced from FCI / Others
There will be three rounds of bidding in this EOI.
1A.All allocations shall be based on least cost of transportation to the location

in their own respective categories A, B or C irrespective of the cost of the
product. If two suppliers fall in the same distance slabs (upto 1200kms) or
having same distance (more than 1200kms), allocation would be done based
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on the ratio of the offered quantities from the respective suppliers, in their
respective feedstock categories A, B or C.
1B. If the offered quantities of C-Heavy Molasses / Damaged food grains unfit
of human consumption / Surplus rice sourced from FCI / Others is more than
the requirement of a particular location, the same shall be allocated based on
least cost of transportation to the location from the supplier(s) and further in
proportion to the quantities offered under various feedstocks by that
supplier(s). If the distilleries manufacturing Ethanol from C Heavy
Molasses/Damaged Food Grains unfit for human consumption/Surplus Rice
sourced from FCI/ Others are in the same distance slabs (upto 1200kms) or
on the ratio of the offered quantities from the respective suppliers.
2A. Supplies from Outside State: After allocation of quantity offered by

suppliers from within the state, the balance offers from suppliers outside the
state for a particular location shall be allocated based on least transportation
cost irrespective of the feedstock. If the transportation cost is same for the
offers of multiple suppliers/feedstock for a particular location, then priority will
be given to various feedstock as in point 1A and 1B above.
Example:
a) Location 1 in State X requires 2200 units of Ethanol.
b) Supplier A in State X offers 200/500/100/0/0 units of SCJ/BH/CH/DFG/SR
respectively for Location 1.
c) Supplier B in State X offers 500/300/100/0/0 units of SCJ/BH/CH/DFG/SR
d) Supplier C from State Y offers 0/0/0/300/100 units of SCJ/BH/CH/DFG/SR
respectively for the Location 1.
e) Supplier D from State Z offers 0/0/0/100/100 units of SCJ/BH/CH/DFG/SR
f) Supplier E from State Z offers 0/0/0/200/200 units of SCJ/BH/CH/DFG/SR
g) Supplier F from State Z offers 0/0/0/200/100 units of SCJ/BH/CH/DFG/SR
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h) Distance of Distillery of Supplier A is 200km from Location 1 slab >75 to

200 km
i) Distance of Distillery of Supplier B is 300km from Location 1 slab >200 to
400 km
j) Distance of Distillery of Supplier C is 500km from Location 1 slab >400 to
600 km
k) Distance of Distillery of Supplier D is 600km from Location 1 slab >400 to
600 km
l) Distance of Distillery of Supplier E is 1300km from Location 1 slab >1200
km
m) Distance of Distillery of Supplier F is 1350km from Location 1 slab >1200
km
The allocation would be in the following order:
200 SCJ of A + 500 SCJ of B + 500 BH of A + 300 BH of B + 100 CH of A +
100 CH of B + 250 DFG of C + 83.33 SR of C + 83.33 DFG of D + 83.33 SR
of D
If the quantity required for Location 1 were only 1650 units, then the
allocation shall be in the following order:
50 CH of B
200 SCJ of A + 500 SCJ of B + 200 BH of A
100 CH of B + 300 DFG of C + 100 SR of C + 100 DFG of D + 100 SR of D
+ 100 DFG of E + 100 SR of E
Other terms and conditions remains the same.
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No other preference shall be considered for allocation of quantities.
Department of Food & Public Distribution (DFPD) would provide a

mechanism of certification to differentiate Ethanol produced from
Sugarcane Juice/Sugar/Sugar Syrup and B Heavy molasses. OMCs shall
pay the rate fixed for ethanol derived from B Heavy molasses and
Sugarcane Juice/Sugar/Sugar Syrup only if the Tank Truck delivering
Ethanol from Sugarcane Juice/Sugar/Sugar Syrup and B Heavy
molasses is carrying the Certificate/ Document as per prescribed
mechanism.
Existing mechanism for certification of ethanol produced from

Sugarcane Juice & ethanol produced from B-Heavy Molasses shall
prevail till the revised mechanism if any is issued by DFPD at a later
date.
In case of Ethanol manufactured from Damaged food grains unfit for

human consumption, each TT delivering Ethanol from Damaged Food
Grain must carry the Certificate/ Document issued by Excise Authority
with unique serial number certifying the feed stock used for production
i.e Damaged food grain not fit for human consumption of such Ethanol
and the invoice should have endorsement from Excise officials with the
serial number of the certificate as mentioned above which will be
attached along with the consignment.
In case of Ethanol manufactured from Surplus Rice procured from

FCI,The rice for conversion to ethanol shall be issued to the distillers by
FCI at Rs 2250/= per quintal.
The procedure and modalities for issue of rice by FCI is given under
Notice on e.procurement site.
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Bidders may refer to the following link of FCI’s food storage Depots to
know the State-Wise/ Zone Wise/ District Wise details of food storage
depots along with the capacity , Name and contact details of Depot In-
charge:
https://fci.gov.in/storages.php?view=307
Details of the Nodal officers of Department of Food & Public Distribution,
Food Corporation of India & OMCs are given under Notice on
e.procurement site.
Escalation/De-escalation formula for rate for ethanol derived from

Surplus Rice procured from FCI is given below:
E = 2.22 x ( X2-X1)
P2 = P1 + E
P2- Price of Ethanol as on the date of escalation/de-escalation

P1 -Price of Ethanol Fixed by OMC Committee (Rs.54.87 per Liter)
E- Escalation / De-escalation i.e. 2.22 x ( X2-X1)
X2 -Price of Surplus Rice supplied by FCI ex. their godown as on (Date
of consideration)
X1 - Price of Surplus Rice supplied by FCI ex. their godown as on (Price
considered in tender @ Rs. 22.50/- per Kg.)
Modalities for supplying rice from the stocks of Food Corporation of India
will be put in place in coordination with MoPNG.
a. As per EOI terms and conditions, priority of allocation as mentioned ab

ove shall be accorded. And within the same feed stock category if ther
e were multiple L1s for any location, the allocation shall be made based
on the ratio of their offered quantity in case cumulative offered quantit
y is more than the required quantity. After allocating quantities to L1 bi
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dders for each location, if full requirement for the location is not met; L
2 bidders offered quantity will be accepted (till location’s requirement i
s met).This process will be repeated for L3……Ln bidders.
13) All references to BPCL in the “General Purchase Conditions” should be read
as BPCL/HPCL/IOCL. Terms & conditions mentioned in Special Purchase
conditions shall supersede the similar terms & conditions of General purchase
conditions
After allocation of the quantities in the first round of the cycle/EOI, second
round of the cycle/EOI shall be floated to technically qualified bidders to meet
the unmet requirement of locations. The quantities allocated in the first round
of the cycle/EOI shall be informed to the technically qualified bidders before
floating of the second round. Second round will remain open for two working
days for submission of bids. Online declaration pertaining to licensed capacity
as mentioned earlier will have to be agreed for second round of price bid also.
Qualified bidders will be allowed to quote in second round, subject to

the total of quantities allocated in the first round and quantities being
offered in the second round shall not exceed the licensed capacity of the
distillery.
In case location quantity is unmet, qualified bidders will be allowed to

quote in third round subject to the total of quantities allocated in the
first and second round and quantities being offered in the third round
shall not exceed the licensed capacity of the distillery. Duration for
bidding for third round will be two working days.
1) Pre-Bid Meeting: In order to avoid congregation of bidders at one place, prebid

meeting will be conducted on 17th Nov 2020 at 1100hrs through Video
Conference through Microsoft Teams app.To participate please use following
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PERIOD FROM 01.11.2020 TO 30.11.2021
link: https://teams.microsoft.com/dl/launcher/launcher.html?url=%2F_%23%2Fl%2Fmeetup-
join%2F19%3Ameeting_ZGE5NjVmYWYtMGM3OC00ODBmLWFkN2YtNzRmMGVhNzc1ZDgy%40thread.v2
%2F0%3Fcontext%3D%257b%2522Tid%2522%253a%2522222f3a7c-d45e-4818-9aa4-
33d44420ec32%2522%252c%2522Oid%2522%253a%2522beb1f7ec-c142-4822-8607-
6eb5833f30de%2522%257d%26anon%3Dtrue&type=meetup-join&deeplinkId=a1e6ef82-6a4a-4298-88f3-
166785f025cf&directDl=true&msLaunch=true&enableMobilePage=true&suppressPrompt=true&promptS
uccess=true
2) Bid closing date: Your online bid along with EMD should be submitted on or
before the due date of this EOI i.e. at 23rd Nov 2020 @ 11:00 hrs, IST.
Bids submitted after the due date and time of closing of EOI or not in
the prescribed format are liable to be rejected. BPCL does not take any
responsibility for any delay in submission of online bid due to
connectivity problem No claims on this account shall be entertained.
3) ORDER FULFILLMENT PROCESS: After the evaluations & recommendations,

the individual oil companies will be taking their own approvals for signing of
Supply Contracts, placement of orders & further activities pertaining to order
placement & post order placement will be dealt by individual oil companies IOCL
/ BPCL / HPCL. In case of BPCL, Call-offs will be made by BPCL Regional Retail
Logistics offices. In case, if supplier is not able to honor the LOIs issued by
OMCs for a particular category/all categories of the feedstocks, OMCs may
consider to cancel the LOI of that supplier. OMCs shall allocate the lapsed
quantity to other successful suppliers at the same location from their balance
original offered quantity not considered for allocation earlier in ratio of their
original offered quantity in the same distance ranking order till location’s
requirement is fully met. PO/ call off will be placed on the supplier by the
location after submission of BG and signed agreement. The successful vendor,
within 15 days of placement of LOI shall deposit Performance Bank Guarantee
(PBG) or Demand draft and signed Agreement. If the Supplier does not submit
PBG and/ or signed Agreement within specified period of 15 days, his LOI may
be cancelled and his EMD may be forfeited
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4) DELIVERY PERIOD:
The delivery shall commence within 30 days from the date of Letter of
Intent or 10 days from date of issuance of PO by location, whichever is
earlier. Timely delivery by the vendor as per the delivery schedule is the
essence of contract. Monthly procurement plan based on monthly pro-rata
Purchase Order (PO) qty shall be applicable to vendor for supply unless
same is revised by OMC location with mutual consent.The supplier will
make the supplies either as per day wise indent provided by OMC location
up to the limit of monthly quantity applicable as per PO or monthly pro-
rata PO quantity. The supplier shall strictly adhere to the supply schedule
and achieve supply performance of a minimum of 85% of the quantity per
month and minimum of 95% of the quantity on quarterly basis for which
Price Reduction Clause will not be applicable. However, if the vendor is not
achieving 85% of the supplies for a particular month and/ or minimum of
95% of the quantity quarterly basis Price Reduction Clause will be
applicable. Price Reduction Clause will be applicable, where shortfall in
supply (undelivered quantity for the month/quarter as the case may be)
is higher in the above two cases.
Moreover, supplier has to adhere to the day wise indent provided by OMC
location basis the monthly pro-rata PO qty, else supplier's TT may not be
decanted on the same day due to other supplier's indented supplies in
line with day wise indent.
If the supplier is able to supply 100% quarterly PO quantity in a quarter
(keeping the overall lapse due to TT capacity upto 5 KL in the prorata PO
quantity/ PO quantity) and OMC location is able to receive the quantity,
monthly PRC shall not applicable on the supplier.
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5) Indents Alteration by OMC : OMCs reserve the right to alter the prorated
monthly procurement indents for a PO for the location (by increasing or
decreasing) with advance notice to the supplier, based on mutual consent.
In the interest of improving blending % under EBP programme, OMCs

reserve the right for preponing the indents from different periods on
mutual consent basis.
There may be situations at any OMC location like closing or downsizing of

Petrol operations or any other eventuality due to major projects / safety
or non-availability/ exhaustion of Permits/ exhaustion of licensed quantity
etc. The concerned OMC, with advance notice may offer in writing to the
Bidder, alternate location(s) where the remaining PO quantity (part or
full) can be shifted. The transfer will be at new location rate and if there
is a transportation rate already established for the Supplier at the
alternate location, the transportation rate for the alternate location will
be offered or else Transportation slab rate as per actual distance for new
location will be offered. All other taxes/ charges will be as per the new
location. The acceptance of new location for delivery of full or part balance
PO quantity will be Supplier’s discretion, which the Supplier should
communicate in writing to the OMC. In case of acceptance by the Supplier,
the procurement period will start from 10 days of issuance of Change PO
or receipt of first load at the new OMC location, whichever is earlier. The
prorated monthly pro-rata PO qty will be same as for original PO.
NOTE: For purpose of assessing the qty. received by a location in a month,

the invoice date of the received qty. will be considered for calculation of
PRC. In case the TT does not report within normal average transit time
from the date of invoice then actual reporting date will be considered.
Actual reporting date at location shall be mentioned on the invoice and
shall be jointly signed by both OMC & Supplier's representatives.
In case of mutually agreed Indent Alteration, the revised indents would
be considered for “Price Reduction” clause.
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6) Monthly Indents Alteration sought by Ethanol Supplier
Alteration of Indent sought by a Supplier
The Supplier can also request the OMC location in writing with minimum
15 days’ notice for rescheduling of his monthly indents (while maintaining
the same quarterly prorated indent) due to unforeseen situations of
temporary nature arising out of day-to-day operating activities or any
other pressing issues faced by the Supplier; mentioning clearly the
problem faced by him. The OMC location at its discretion may accept in
writing to the Supplier, rescheduling of indents proposed by the Supplier.
In case of any alteration of monthly indents by mutual consent on
supplier’s request, the monthly revised indent (higher or lower) would be
considered for Price Reduction clause. This option can be exercised by the
Supplier once during the quarter for a PO for a location i.e. the monthly
indents for quarter only can be revised while maintaining the quarterly
indent i.e. if quarterly prorated indent is 300 KL; the monthly alteration
within a quarter must add to 300 KL.
Ethanol Supplier willing to supply higher than monthly prorated indent for
early completion of PO:
Supplier can request OMC location with 15 days advance notice, for supply
of higher than monthly prorated indent for next month for early
completion of PO quantity; acceptance of the request will be at OMC
location’s discretion.
In case of multiple Vendors seeking revision (increase) in indents at a

location for the next month, the revision of indents by the location will
normally be in proportion of PO quantity; subject to meeting the
Location’s Requirement/ capacity of unloading. The Supply or Pay Clause
will be reckoned as per the revised indent. The prorata monthly indents
as given along with PO will, however, be effective for forthcoming months
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PERIOD FROM 01.11.2020 TO 30.11.2021
till contracted quantity is exhausted. This option can be exercised multiple

times during the Procurement Period.
In such a case the quarterly revised indent (on supplier for a location &
for a PO) may even become higher than prorated quarterly indent (this
will enable the supplier early completion of PO quantity with location’s
consent).
Receipt of quantity higher than monthly indent (original or revised)

dispatched by the Supplier, will be at OMC location’s discretion.
7) PRICE REDUCTION CLAUSE
The Supply or Pay clause shall be applicable as the Price reduction clause.
The modalities shall be as under:
As mentioned under “Delivery Period”, monthly pro-rata PO qty shall be

applicable to vendor for supply for supplies of ethanol by the Suppliers
for the contract period. The supplier shall strictly adhere to the supply
schedule i.e. day wise indent (based on monthly pro-rata PO qty) if
provided by OMC location or monthly pro-rata PO quantity and achieve
supply performance of a minimum of 85% of the quantity per month and
achieve supply performance of a minimum of 95% of the quantity on
quarterly basis, for which Price Reduction Clause will not be applicable.
However, if the vendor is not achieving 85% of the supplies for a
particular month and also minimum of 95% of the quantity on quarterly
basis; Price Reduction Clause will be applicable where shortfall in supply
Price reduction clause will be calculated as below.
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Beginning of the first quarter will be calculated as 30 days from date of

issue of LOI or 10 days from the date of issue of PO or date of reporting
of first load, whichever is earlier. If the beginning of the first quarter does
not fall on the first day of the calendar month, prorated indent for the
balance period of that month would be considered. The following 2
months will complete the quarter.
If the supplier is able to supply 100% PO quantity in a quarter (keeping

the overall lapse due to TT capacity upto 5 KL in the prorata PO quantity/
PO quantity) and OMC location is able to receive the quantity, monthly
PRC shall not applicable on the supplier.
There may not be full quarter remaining in that case the part quarter can
be 2 months or 1 month. For the part quarter of two months supplier has
to achieve minimum of 85% of the prorated monthly indent and minimum
of 100% of the prorated quantity for that part quarter will be considered
for Price Reduction Clause. If the part quarter is a one month then supplier
has to achieve 95% of the indented quantity.
An amount equivalent to 1% of the Basic Cost shall be payable by the

supplier for the undelivered quantity 85% of Indented quantity less
supplied quantity on month to month basis and / or 95% of Indented
quantity less supplied quantity, whichever is higher) and these shall be
deducted from the payment due to the vendors and/ or by encashing
security deposit.
If the supplier is able to supply 100% of quarterly quantity as per PO in a

quarter, keeping the overall lapse due to TT capacity below 12 KL in the
quarterly PO quantity/Prorate PO quantity and if OMC is able to receive
the quantity at the same location or any other location, monthly Penalty
shall not be applicable to the Supplier.
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Additionally if the supplier is able to supply 100% of the quantity as per

PO for the entire ESY including the quantity lapsed during the earlier
quarters of the ESY by the end of the particular ESY keeping the overall
lapse due to TT capacity below 12 KL and if the OMC is able to receive
the quantity at the same location or any other location, then Penalty shall
not be applicable to the Supplier .
OMCs decision in the above cases shall be final.’
In addition to above PRC amount, any statutory tax shall be payable as

applicable.
In case state government have not issued guidelines for supply of Ethanol
produced from Sugarcane Juice/Sugar/Sugar Syrup and/or B Heavy
Molasses then in such cases the PRC shall not be applicable for the period
until such time certification is started by Excise or any other competent
authority in State.
In case of any dispute related to PRC waiver, State level OMC committee
will study based on the representation received from suppliers, verify
facts & submit detailed report to HQO/HO OMC committee to resolve the
matter.
8) SECURITY DEPOSIT:
 The successful vendor, within 15 days of placement of Letter of

Intent (LOI) by respective OMCs shall deposit Bank Guarantee
(BG) or Demand draft towards Security Deposit for an amount
equivalent to 1% of LOI value, valid for entire supply period. For
example, the validity of BG for the ESY 20-21 shall be until 30th
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Nov 2021 with an additional claim period of six months. Similarly,

for the next years the validity of the BG shall be until 30th Nov
2022 with an additional claim period of six months and so on.
 The vendors will have an option to submit either one BG of full

amount ( 1% of the total allocated quantity) for the supply period
or multiple BGs each of value equivalent to 1% of the quantity
allocated for that quarter, valid till the quarter end (quarter for
which quantity has been allocated to vendor) with an additional
claim period of six months e.g if, Dec 2020 –Feb 2021 allocation
is 500 KL and March 2021-May 2021 allocation is 1000 KL, then
BG for Dec 2020- Feb-2021 will be 1% of 500 KL & BG for March
2021-May 2021 will be 1% of 1000 KL and so on. The multiple
BGs will have to be submitted within 15 days of placement of
Letter of Intent (LOI) by respective OMCs
 The BG pertaining to respective quarters shall be returned on

successful completion of supply of quantity of such quarter, after
reconciliation of accounts or completion of the claim period
whichever is earlier after adjusting the dues, if any, provided party
has submitted multiple BGs.
 If a single BG is submitted, the same will be returned after

reconciliation of accounts after completion of supply or completion
of the claim period whichever is earlier after adjusting dues, if any.
 Security deposit in the form of BG or DD should be submitted by

all bidders within 15 days of placement of LOI (post allocation of
quantities, LOI will be issued by respective OMCs).
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In case of BG, Bidder needs to submit an additional letter which

will be obtained from the issuing bank on its letterhead. The
banks letter should be addressed to respective OMC & should
contain the same BG reference which shall be enclosed along
with the letter. This letter must be submitted in original only
(Copy of this letter will not be accepted).
Purchase Order (PO) will be issued after submission of the above

documents.
Proforma of Bank Guarantee is enclosed in General Purchase Condition

(GPC), which is enclosed as Annexure-VI
Bidder also needs to submit agreement, duly signed (draft template of

agreement is enclosed as Annexure VII) with BG.
However, if bidder does not submit Security Deposit/BG within 15 days

from the date of issue of LOI, the bidder may be put on holiday list for
a period of one year from the date of issue of LOI.
If the bidder submits BG but does not supply Ethanol, Price Reduction
Clause will be applicable and BG will be invoked.
Further Security Deposit/Bank Guarantee clause is to be read with

following additional text:
‘The vendor may also opt for retention of an amount equivalent to 1%
of basic value of contract from his initial invoices as security deposit in
lieu of Bank Guarantee. This amount shall be released after completion
of supplies as per terms and conditions of the contract and reconciliation
of PO v/s supplies and deduction of PRC amount if any.’
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9) PAYMENT TERMS:
100% Payment shall be made within 21 days after receipt of material

at our sites & submission of Original Invoice(s).
OMCs shall pay the rate fixed for ethanol as detailed earlier.
In case the vendor fails to submit documentary proof as per mechanism

as mentioned above for Ethanol derived from Sugarcane Juice/ Sugar/
Sugar Syrup, B heavy molasses, Damaged Food Grain, then the
following action will be initiated against the supplier:
 Holiday listing for a period as per Clause no.9 in the table as

mentioned in point 4.2.12 of Holiday listing policy as mentioned
in General Purchase Conditions)
 Invoking of the Bank Guarantee submitted by the vendor.
In case it is found by OMCs that supplier has submitted forged

or false documents pertaining to the source from which Ethanol
is produced, then the following action will be initiated against the
supplier:

in General Purchase Conditions.
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Under exceptional circumstances, if, for any truck load, the above
mentioned certificate is not provided, then the rates for only C-
Heavy Molasses shall be paid by the OMCs, for the ethanol supplied.
10) INTEGRITY PACT:

Bidders shall also have to essentially sign an Integrity
Pact (IP) for participating in this tender.
Proforma of Integrity Pact (IP) of IOCL, BPCL, HPCL has been uploaded
as integrity pact (IP) form in technical bid form section. Bidder shall be
required to download and print it such that it is legible. All pages of the
printed copy of IP should be duly signed by the authorized signatory and
stamped all the pages, with two witnesses name, address & signature
and place & date. Thereafter, that copy should be scanned and uploaded
by bidder along with other bid documents. This document is essential
and binding.
The salient points to be noted in regard to IP are:
 If the bidder has been disqualified from the EOI/ tender process prior to
the award of the contract in accordance with the provisions of the
Integrity Pact, BPCL/IOCL/HPCL shall be entitled to demand and recover
from vendor, Price reduction amount by forfeiting the EMD/Performance
Guarantee as per provisions of the Integrity Pact.
 If the contract has been terminated according to the provisions of the

Integrity Pact, or if BPCL is entitled to terminate the contract according
to the provisions of the Integrity pact, BPCL/IOCL/HPCL shall be entitled
to demand and recover from vendor, Price reduction amount by
forfeiting the Performance Guarantee amount as per provisions of the
Integrity Pact.
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 Bidders may raise disputes/complaints, if any, with the nominated

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

Independent External Monitor whose name/ address/ contact numbers
are as given below along with contact details of BPCL representatives.
NAME & ADDRESS OF BPCL REPRESENTATIVE
Name of Poornima Mittal To be

Procuring contacted
Officer-PO for:
PO’s email ID [email protected]; Clarificati
[email protected] ons/
PO’s Office BPCL, Central Procurement Details
Address Organization (Mktg), Regarding
A-Installation, Sewree-Fort Road, This
Sewree (E),Mumbai - 400 015, Tender
PO’s Contact 022-2417 6507; +919821431147
Number 022-24176416; +918696906824
Only in case of any complaints regarding the Tender/ Tender Conditions,
please contact following Independent External Monitors (IEM) :
 Shri. Ramabhadran Ramanujam, Address: 44/24, 3rd trust Cross Street,
Mandavelipakkam, Chennai 600028, Mobile: 9495511954,
Email: [email protected]
 Shri Virendra Bahadur Singh, Address: N. No. B-5/64, Vineet Khand, Gomti Nagar, Lucknow
– 226010, Mobile : 08853760730,
Email: [email protected].
 Shri.Anupam Kulshreshtha, Address: B-3/3, ‘Yarrows Apartments’, Plot C-58/5, Sector 62, Noida, UP
-201309, Mobile: 9968281160
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IEM details of IOCL and HPCL will be provided in the Purchase Order. The
responsibility of IEMs of BPCL will be from period starting from publishing
of tender to award of contract for IOCL, BPCL and HPCL and post award
contract for BPCL only. The responsibility of IEMs of IOCL & HPCL will come
in to effect only after placement of contracts by IOCL & HPCL.
11) HOLIDAY LISTING: Bidders who do not honour the Letter of Intent/ Fax of
Award /Contract / Purchase order after the same is issued by OMCs may be put
on Holiday List for a period of one year.Bidders on the blacklist/holiday list of
BPCL/IOCL/HPCL or OIL PSE (Public Sector Enterprise) shall not be considered
in this EOI.
12) ANTECEDENTS CERTIFICATE: Supplier/ Vendors shall engage only such

TT (Tank Trucks) crew whose Antecedents has been verified and certificate
issued by Police. This will be verified by locations for entry of Ethanol TT crew
into OMC location.
13) For the Operational Safety of the location & Enroute Safety of the Tank Truck,
supplier is required to provide all the Safety fittings, as per applicable Petroleum
Rules implemented by the Government. If the TT are found without required
safety fitting, it may not be decanted & returned to the supplier.
In case any discrepancy is observed in the vehicle and /Or its documents
presented to OMC’s during the currency of the contract, following penal
action shall be taken.
S.
Particular Action
No.
Has indulged in 1 year holiday listing of
1.
malpractices such as vehicle
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wrong calibration,
alteration of standard
fitting etc. of the vehicle
Has submitted fake,

false or forged
1 year holiday listing of
2. documents / certificates vehicle
for vehicle
14) The quantities given in the EOI are only indicative. OMCs reserves the right
to change the Quantity requirement for any of the location based on the
prevailing situation during currency of the contract.
15) OUTSTANDING DUES TO OIL COMPANIES: All outstanding payments to

OMCs with respect to past tenders/EOIs have to be settled by the vendor /
recovered by OMCs from the amount payable or by enchasing BG unless the
matter is sub-judice.
16) The vendors who are on the holiday list of BPCL and/ or IOCL and/ or HPCL
and/ or MOP&NG and/ or any other OIL PSE will not be considered.
17) The bidder is expected to examine all instructions, forms, attachments,

terms and specifications in the EOI document. The entire EOI document
together with all its attachments/amendments thereto, shall be considered to
be read, understood and accepted by the bidder. Failure to furnish all
information required in the EOI document or submission of a bid not
substantially responsive to the EOI documents in every respect will be at bidder
risk and may result in the rejection of his bid. The bidder scope of supplies as
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specified in the material requisition shall be in strict compliance with the scope
detailed therein and in the bid document.
18) Grievance Redressal Mechanism: Bharat Petroleum Corporation Limited

(BPCL) has developed the Grievance Redressal Mechanism to deal with
references/ grievances, if any, that is received from bidders who participated /
intends to participate in the EOI. The details of the same are available on our
website www.bharatpetroleum.in
In the event of any dispute or difference relating to the interpretation

and application of the provisions of commercial contract(s) between
Central ` Public Sector Enterprises (CPSEs)/Port Trusts inter say and
also between CPSEs and Government departments/organizations
(excluding disputes concerning railways, income tax, customs and
excise departments*), such dispute or difference shall be taken up by
either party for its resolution through Administrative Mechanism for
Resolution of CPSEs Dispute (AMRCD) as mentioned in DPEOM number
four (1)/2013-DPE(GM)/FTS-1835, dated 22.05.2018.
*The exclusion will also include disputes concerning GST, State Level
Sales Tax/VAT etc. though not mentioned explicitly.
19) QUERIES AND CLARIFICATIONS: Any query or clarification with regard

to this tender may please be referred to below address & phone nos. on any
working day during office working hours:
DGM Procurement/ Sr.Manager Procurement

Central Procurement Organisation (Mktg)
Bharat Petroleum Corporation Ltd,
‘A’ Installation, Sewree Fort Road, Sewree (East),
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Mumbai - 400 015.
Phone: 91-22-24176507 /9821431147/ 24176416/8696906824

Fax : 91-22-24117878
E Mail :[email protected];
[email protected]
20) GOVERNING LAWS: The laws of Union of India shall govern all matters
concerning the tender. Any issue arising related to the tender or the selection
process shall be adjudged by the courts in Mumbai, India alone.
21) BPCL/IOCL/HPCL reserves the right to accept or reject, any or all bids
received at its absolute discretion without assigning any reason whatsoever.
22) It shall be understood that every endeavour has been made to avoid errors
which can materially affect the basis of the EOI and the successful vendor shall
take upon himself and provide for risk of any error which may subsequently be
discovered and shall make no subsequent claim on account thereof.
For any clarification on e-EOI/ training / uploading of document on e-
procurement site, please contact our service provider M/s ETL on below
numbers.
Mr.Harshal Sapkale: Tele Phone: 02224176419/6351896637, E-mail:

[email protected]
Mr. Mohnish Gore : Email : [email protected]
M/s. ETL Help Desk No. : 079-68136871/861/854/0120-

2474951/033-
24293447
For any queries / clarifications on EOI technical specifications /

commercial points and other terms and conditions of the EOI please
contact as under:-
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Mr. Gunjan Omprakash Bhiwal, Sr.Manager Procurement, CPO (Mktg.),

CONTACT NO: 91-22-24176416, 8696906824
EMAIL: [email protected]
OR
Mrs. Poornima Mittal, Ch. Manager, CPO (Mktg.)
CONTACT NO: 91-22-24176507, 9821431147
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ANNEXURE- I
SPECIFICATIONS FOR DENATURED ANHYDROUS ETHANOL
INDUSTRY SPECIFICATIONS OF DENATURED ANHYDROUS ETHANOL

BASED ON IS 15464:2004 and revision from BIS from time to time
Methods of
S Industry Test, Refer to
. Characteristics EOI Specification Annex of IS
N 15464 : 2004
1 Relative density at 15.6cC /
0.7956 A
. 15.6cC max.
2 Ethanol content % by volume at
99.6 B
. 15.6cC / 15.6cC min.
3
Miscibility with water Miscible C
.
4
Alkalinity Nil D
.
5 Acidity (as CH3COOH), mg/l,
30 D
. Max.
6 Residue on evaporation, percent
0.005 E
. by mass, Max.
7 Aldehyde content (as CH3CHO)
60 F
. mg / l , Max
8
Copper , mg/kg,Max 0.1 G
.
9
Conductivity , s/m,Max 300 H
.
1
0 Methyl alcohol , mg/litre , Max 300 J
.
1 Clear & bright and
1 Appearance free from Visual
. suspended matter
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DENATURANTS:
The denaturant should be added with Ethanol in suitable dosage as per IS:
4117 in line with IS-15464 and as per prescribed Excise regulation from time
to time conforming to the automotive fuel requirements. Denaturants may be
considered as a part of Ethanol and component of the fuel. Ethanol should not
have more than 0.4% max impurities including permitted denaturants. These
denaturants should not have detrimental effect on specification and stability
of Motor Gasoline.
Some of the Prohibited denaturants for Ethanol that cannot be used are
Pyroles, Methanol, Turpentine, Ketones, Tar, Benzene, Organo-metallic
compounds.
The denaturants should be pre mixed at Ethanol manufacturer end before

transporting the Ethanol to Oil Company premises. The name and dosage of
the denaturants used should be clearly mentioned on the delivery documents
duly endorsed by State Excise Authorities where ever state excise control
exists, or otherwise by the authorized person in the distillery.
Yours faithfully,
Poornima Mittal
DGM Procurement,
CPO(Marketing)
Bharat Petroleum Corporation Limited
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SPECIAL PURCHASE CONDITION
1) Pre-requisites :
Requirement 1: The participating party / bidder must be an

Indigenous Manufacturer of Denatured Anhydrous Ethanol such as
Sugar Mills with Ethanol plants, Standalone distilleries producing
Ethanol from molasses/sugarcane juice, Distilleries producing Ethanol
from damaged food grains such as broken rice, wheat etc. unfit for
human consumption, complying with specifications as per IS
15464:2004.Denatured Anhydrous Ethanol as per IS 15464:2004
should be manufactured indigenously. Directorate General of Foreign
Trade (DGFT), Ministry of Commerce and Industry, Govt. of India has
issued notification no. 27/2015-2020 dated 21.08.2018, placing ethyl
alcohol and other spirits, denatured, of any strength under EXIM Code
2207 20 00, in restricted category for imports and has allowed imports
only for non-fuel purpose. Accordingly, Anhydrous Ethanol supplied to
OMCs under EBP Programme has to be produced from indigenous
sources only and no imported alcohol / ethanol or ethanol
manufactured from imported feedstock is to be supplied to OMCs under
the EBP Programme. Any conduct of the supplier amounting to
violation of the same will be totally unacceptable and if found, supplier
shall be liable for strictest possible action including Holiday listing from
EBP Programme for all future supplies OF Ethanol to OMCs .To this
effect, bidders need to agree to an online declaration as per Annexure
II.
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Requirement 2:
Bidders must possess a valid Pollution Control Board (PCB)-Consent to
Operate (CTO) as on original due date of the EOI. Bidder must be in
possession of a valid Consent Order-Consent to Operate, clearly
mentioning production of Absolute Alcohol or ENA (Extra Neutral Alcohol)
or SDS (Special Denatured Spirit) or Alcohol or RS (Rectified Spirit) or
Spirit or Ethanol or Denatured Anhydrous Ethanol. Such valid document
should be submitted by the bidders in the tender box before the due date
of the EOI. CTO will not be required to be submitted by the bidder again
for future EOIs to OMCs till the validity of CTO. Incase CTO has expired
submitted to PCB for renewal along with acknowledgement copy from
PCB.
Requirement 3: Bidders must possess a valid “Petroleum and

Explosives Safety Organisation (PESO)” license for storage of class A
products as on original due date of this EOI clearly mentioning the storage
capacity of Class-A products issued by PESO or valid Safety Precautions
letter issued by PESO . Such valid document should be submitted by the
bidders in the tender box before the due date of the EOI. PESO license
will not be required to be submitted by the bidder again for future EOIs
to OMCs till the validity of PESO License. Incase PESO License has expired
submitted to PESO for renewal along with acknowledgement copy from
PESO.
New bidders/Bidders who have not participated in EOI 1000355961,

dated 12.08.2020 or technically disqualified bidders of EOI
No.1000355961,dated 12.08.2020 shall upload the TPIA certified
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document online in the e-tendering portal at the time of submission

of bids. Hard copies of the same shall also be submitted by the
bidders. Alternatively, documents signed digitally by the TPIA
agency can be uploaded over e.proc.site
For Technically qualified bidders of EOI No.1000355961 dated

12.08.2020 incase Pollution Control Board-Consent to Operate certificate/
PESO License has expired as on due date of bid submission or during the
supply period of this EOI, bidder has to submit TPIA certified copy of
expired license with application submitted to PCB/PESO for renewal along
with acknowledgement copy from respective department.
Third party Inspection Agency (TPIA) verification and certification will be

required for all the CTO and PESO licenses/Safety Precautions letter
issued by PESO. Hard copy of such documents need to be submitted along
with original TPIA certificate/ verification with original TPIA
Stamp.Bidders shall engage only those TPIAs which are accredited under
“NABCB accredited bodies as per requirement of ISO/IEC 17020 as Type
A” in Quality Council of India’s (QCI’s) National Accreditation Board for
Certification Bodies (NABCB) website as on the date of verification of
documents (TPIAs must hold validity of accreditation). The details of TPIA
can be sought from the website:
http://nabcb.qci.org.in/accreditation/reg_bod_inspection_bodies.p
hp
2) EARNEST MONEY DEPOSIT (EMD):
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All the bidders who intend to participate in this EOI will be required to
submit an interest free Earnest Money Deposit for an amount of rupees
Two Lakhs, EMD can be submitted through any of the following mode:
d. EMD amount can also be transferred through NEFT/RTGS to BPCL bank

account and bidder needs to upload following details in the EMD
envelope on e-procurement portal .:
i. Name of the company
ii. Vendor code, if any
iii. UTR Number
iv. Bank from which money has been transferred
v. Scanned copy of transaction details.
Bank account details of BPCL are as follows:

Standard Chartered Bank Fort Branch
A/c No. 22205238153
IFSC CODE: SCBL0036001
e. in the form of Bank guarantee(BG) issued by any Nationalised

Scheduled Bank approved by Reserve Bank of India (RBI) as
per proforma attached as Annexure III. The BG shall be valid up to
30.11.2025. Claim period should be six months from the last date of
BG validity i.e. 30.11.2025. As per RBI guidelines, Structured Financial
Messaging System (SFMS) has been adopted by most of the Banks for
online BG confirmations. OMCs shall be incorporating the same system
for BG verification & confirmations. Details of bank is as follows:
Branch: CAG Branch, Mumbai
Account No: 11083980831
Along with BG, Bidder needs to submit an additional letter which
will be obtained from the issuing bank on its letterhead. The banks
letter should be addressed to BPCL & should contain the same BG
reference which shall be enclosed along with the letter. This letter
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must be submitted in original only (Copy of this letter will not be

accepted).Bidders who wish to submit EMD as BG should submit
the above mentioned letter from the bank & BG, in a sealed
envelope and drop in the tender box before the due date of the
EOI at the following address:
K/A: Mrs. Poornima Mittal /Mr. Gunjan Omprakash Bhiwal
Central Procurement Organization,
Bharat Petroleum Corporation Limited,
A- Installation, Sewree Fort Road,
Sewree East, Mumbai 400015.
f. vide a Demand Draft-DD (by the way of crossed A/c Payee) drawn on
nationalized bank in favour of BHARAT PETROLEUM CORPORATION
LTD payable at MUMBAI to be dropped in the tender box at the above
mentioned address.
Since the enrolment / registration would be for long term/ five

years, the EMDs shall be retained by OMCs till 30th Nov’2025.
In case a bidder wishes to quote from multiple distilleries, then

bidder shall be required to submit separate EOI,including EMD for
each distillery. The EOI will also be needed to be submitted by bidder
from separate digital certificates.
EMD should be submitted in physical form if being submitted as BG or

DD, in original, in a sealed cover, boldly super-scribed on the outer
cover with following details:
• EOI Number
• Item Name
• Closing date / Time
• Name of the EOI
BPCL will not be responsible for non-receipt of instrument(s) due to

postal delay/loss in transit etc. Cheques, cash, Money Orders, Fixed
deposit Receipts etc. towards EMD are not acceptable. Similarly,
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request for adjustment against any previously deposited EMD/Pending

Dues/Bills/Security Deposits of other contracts etc. will not be
accepted towards EMD. Bid received without the EMD is liable to be
rejected. Copy of the EMD Document should also be uploaded in the
EMD section of the EOI in the e-tendering portal.
3) EXEMPTION FROM EARNEST MONEY DEPOSIT: Micro and Small Enterprises

(MSEs) registered with District Industries Centers or Khadi and Village
Industries Commission or Khadi and Village Industries Board or Coir Board
or National Small Industries Corporation or Directorate of Handicrafts and
Handloom or any other body specified by Ministry of Micro, Small and
Medium Enterprises for the item mentioned in the EOI are exempted from
submission of EMD. Such bidders must upload the necessary documents to
claim exemption for Earnest Money Deposit in e-tendering portal. A copy of
the document must be sent to above mentioned address as mentioned in
point no.4.iv.b / dropped in the tender box on/before the due date and time
mentioned in the EOI.
Bidders registered and submitting certificate of Medium enterprises shall not be

exempted from submission of EMD.
MSE bidder must also submit an online declaration that all the supplies of
Anhydrous denatured Ethanol will be from MSE certified unit only.
MSE documents (UAM/EM-II/ Udyam Registration) need to be certified by
Chartered Accountant (CA) as per enclosed format, refer Annexure – IV. The
original hardcopy of CA certificate and MSE document with original stamp and
seal of CA must be submitted in the tender box, on or before due date of the
EOI. If NSIC certificate is being submitted then the bidder must submit a TPIA
verified (copy with original stamp and seal of TPIA) copy of the same in the
tender box. Alternatively, documents signed digitally by the CA/TPIA agency,
as applicable can be uploaded over e.proc.site
CA Certificate with respect to MSE Document: All bidders quoting as MSE,

should submit CA certificate in original, along with MSE doc. (UAM/EMII/ Udyam
Registration) documents like SC/ST Certificate, Women Entrepreneur proof, to
avail the benefits of Public Procurement Policy as per MSMED Act 2006/Public
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Procurement Policy Order 2012. In case CA certificate is not submitted, bid of

the vendor may be rejected at EMD stage. Please find below further points with
respect to same:
 The CA certificate should be dated after the date of floating of
the subject EOI and shall be specific to the EOI for which bid
is being submitted.
 Format of the CA certificate is attached as Annexure IV for
reference and bidder needs to submit certificate strictly in the
said format else bid shall be rejected
Incase the bidder’s MSE (Micro and Small Enterprises) status

gets revised to a non-MSE status any time during the next
five years, then the bidder shall submit EMD of Rs 2 lakhs at
the time of the EOI floated at that time.
EMD is liable to be forfeited (over & above the holiday listing as per
the extant policy) in the event of:
i. Vendors withdraw or alter their bid during the bid validity period
ii. Non-acceptance of Letter of Intent (LOI)/
Purchase Order (PO), if and when placed.
iii. Non-payment of Security Deposit/ Performance Bank Guarantee
amount against LOI/Purchase Order within the stipulated
period mentioned in the EOI.
4) GENERAL INSTRUCTIONS FOR SUBMITEING EXPRESSION OF

INTEREST ON BPCL’S E TENDERING PLATFORM ARE ENCLOSED AS
Annexure –V
5) INSTRUCTIONS FOR FILLING TECHNICAL CUM QUANTITY(SINGLE

PART BID) BID
 Acceptance of online forms: Bidders must accept all online
forms, as under, in the technical bid section of the e-tender.
o General Purchase Conditions
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o Specials Purchase Conditions

o Integrity Pact
o Declaration of Holiday listing by bidders
o Declaration for documents
o Declaration by MSE bidder
o Affidavit cum Indemnity Bond
o Compliance of Restrictions for Countries which share
Land Border with India
 Submission of Distillery’s Address with Latitude &

Longitude : All the Bidders are required to provide the Lat-
long (Latitude and Longitude) of their supplying plant/
distillery (Out Gate) as per Google Maps, in the technical bid
section. To get the Lat-long of any place/ building in Google
Maps just place the cursor over the distillery location and left
click to place a pointer which will display the Lat-long. The two
numbers are to exactly taken as Lat-Long without any
conversion. The bidders are required to key in the latitude and
longitude of the distillery/unit/ethanol plant (as per Google
maps) accurately to 6 decimal places. These lat-long
provided by the bidders during the EOI shall remain sacrosanct
for five years in OMC records for the purpose of calculation of
distances of Ethanol manufacturing unit to OMC locations for
arriving at transportation rates. Distance of the
distillery/Sugar factory/unit of Bidders is the distance between
nearest OMC in gate and the Distillery/sugar factory/ unit Out
gate.
Illustration : Screen shot of Lat-Long of Mumbai International airport is as

below:
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 Filling Quantity Bid : Bidders to quote Ethanol quantities to

be supplied by them against the requirement of OMCs,
locationwise, categorywise for the period 1st December 20-30th
November 21 in the quantity bid. Allocation to technically
qualified bidders of EOI 1000355961 dated 12.08.2020 and
new bidders qualified technically in this EOI ( based on
submission pre-requiste documents as mentioned above)
bidder will be done for the entire period of 1st December 20-
30th November 21.
 Bidders to quote Ethanol quantities to be supplied by them

against quarterly requirement of OMCs, locationwise
/categorywise/ quarterwise in the quantity bid. The periods
would be as under:
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Quarter 1(Q1)- December 2020- February 2021

Quarter 2(Q2)-March 2021, April 2021 & May 2021
Quarter 3 (Q3) –June 2021, July 2021 & August 2021
Quarter 4 (Q4)- September 2021,October 2021 & November 2021 .
Ethanol produced from different feed stocks namely Sugar Cane Juice
/Sugar/Sugar Syrup/B Heavy Molasses/ C Heavy molasses /Damaged
Food Grains-unfit for human consumption/Surplus Rice procured from
FCI is being procured by OMCs and same has been mentioned in
quantity bid form. Bidders must select the location(s) and offer their
quantity for the selected location(s) under the respective category for
the respective period. Bidders cannot offer total quantity more than the
requirement for that location. The total/combined quantity offered by
the bidder in Quantity Bid of this EOI and the quantity allocated in
quantity bidding (EOI No.1000355961QuantityBid) dated 19.10.2020
shall not exceed their total licensed capacity. Accordingly, bidders need
to agree to the following online declaration:
“I/we confirm that the total quantity offered at one or more locations
from a particular distillery/Sugar Factory does not exceed the licensed
capacity of that distillery/Sugar Factory. I/We also confirm that
aggregate of quantity of ethanol allotted in Quantity Bidding (EOI
No.1000355961QuantityBid) dated 19.10.2020 plus quantity being
offered from various feedstocks by me/us in this cycle is within my/our
licensed capacity.
Further, I/we understand that if it is found that I/we have offered excess
quantity than the licensed capacity of that distillery/Sugar Factory, then
my/our declaration shall be treated as submission of a False document
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and appropriate action as per EOI conditions would be initiated by

OMCs.”
 Bidders need to enter the following in the quantity bid form

 Address of Bidder's Distillery/ Sugar factory
 Distillery / Sugar factory State
 Quantity** offered at OMC locations in Kilo Liters (KL) for one
or more quarter.
 Bidder may choose to quote quantities for supply of ethanol
from one or more feed stock
**Minimum quantity of 100 Kl has to be offered per location per

quarter.
Bidder cannot quote Ethanol quantity more than one fourth of the annual
licensed capacity (cumulative of all categories of feed stock) for any
quarter and any augmentation of licensed capacity thereof irrespective
of feedstock of Ethanol, including the quantities allocated in Quantity
Bidding (EOI No.1000355961QuantityBid) dated 19.10.2020
If after opening of price bid it is found that the bidder has quoted more
than 1/4th of the annual licensed capacity including the quantities
allocated in Quantity Bidding (EOI No.1000355961QuantityBid) dated
19.10.2020 and/or augmented annual licensed capacity effective from
applicable quarters, in any of the quarter of any location / few
locations/all locations, then such bid(s) will be rejected for all the
locations.
If after allocation it is found that the bidder has quoted more than 1/4th
of the licensed capacity in any of the quarter of any location / few
locations/all locations including the quantities allocated in Quantity
Bidding (EOI No.1000355961QuantityBid) dated 19.10.2020 then the
allocation will be cancelled for all the locations and the quantity/ies will
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be reallocated to other technically qualified eligible bidders for such

location(s).
6) DISTANCE SLABS OF THE BIDDERS SHALL BE CALCULATED BY OMCS

AS FOLLOW:
a. Distance of distillery/Sugar factory/unit of existing successful

bidders to OMC locations for whom distance in EOI 1000355961 (
DATED 12th Aug 2020, has been verified, same shall be taken for
evaluation of Bids for this EOI also.
b. Distance of distillery/Sugar factory/unit of bidders who have not

quoted in previous EOI 1000355961 (Dated 12th Aug 2020 will be
verified in line with the Lat-Long provided by them, as per Google
Maps in this EOI.
c. Distance slabs of the distillery/Sugar factory/unit of Bidders is the

distance between nearest OMC in gate and the Distillery/sugar
factory/ unit Out gate.
7) RATES OF ETHANOL
E) In line with MoPNG notification dated 29th Oct2020 the price of Ethanol for
Ethanol Supply Year 2020-21 from 01 December 2020 to 30 November 2021
is fixed as below:
 The price of ethanol from C heavy molasses route is fixed at Rs.45.69

per litre.
 The price of ethanol from B heavy molasses route is fixed at Rs.57.61
per litre.
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 The price of ethanol from sugarcane juice/sugar/sugar syrup route is

fixed at Rs.62.65 per litre.
OMCs are guided by MOP&NG circulars/ PIB notifications regarding

prices of ethanol for EBP Programme. Rate for ethanol derived from
damaged food grains unfit for human consumption is Rs.51.55
per litre and rate for ethanol derived from Surplus Rice procured
from FCI has been fixed as Rs.54.87 per litre
 Ethanol manufactured from Special Denatured Spirit (SDS), Extra

Neutral Alcohol (ENA), Rectified Spirit (RS) etc. which have been
manufactured from C-Heavy molasses are to be categorized in C-heavy
molasses and to be quoted under the respective column in the price bid
form accordingly. Similarly Ethanol manufactured from Special
Denatured Spirit (SDS), Extra Neutral Alcohol (ENA), Rectified Spirit
(RS) etc.which has been manufactured Sugarcane Juice/Sugar/Sugar
Syrup or B-Heavy Molasses or from Damaged Food Grains/Surplus Rice
procured from FCI are to be categorized and quoted under the
respective column in the price bid form accordingly.
F) The following transportation rates shall be applicable and will be paid to

bidders for supply of ethanol:
Slabs (One way distance in

Transportation Rates (Rs./kl)
km)
0 to 75 155
>75 to 200 339
>200 to 400 721
>400 to 600 1209
>600 to 800 1697
>800 to 1000 2184
>1000 to 1200 2904
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Per kl rate shall be Rs. 2904/kl for

1200 KM + Rs. 2.09 x KM (as per Google maps)
>1200
beyond
1200 KM (one way)
* Distance slabs of the distillery unit of Bidders is the one way

distance in KM, between nearest OMC in gate and the Distillery unit’s
out gate.
G) Goods and Service Tax (GST) in %: GST @5% is applicable for HSN code
2207 for Ethanol .
H) Delivered cost will be total of administered price/rate for Ethanol,

transportation rates and GST as applicable. In case of revision in the
Administered price of Ethanol by Govt. of India, effective date for
implementation of new Administered price of Ethanol will be either the date
of Press Information Bureau (PIB) release or as mentioned in PIB Note or as
advised by Govt. of India to OMCs.
8) In the states where Industries (Development & Regulation) Amendment Act

(IDR) Act is being implemented or will be implemented at future date, all the
conditions mentioned by state government have to be complied by the
successful bidders.
9) PROVISIONS TO QUOTE
Bidder will be expected to supply to multiple OMC locations throughout

the country except ‘Lakshadweep and Andaman and Nicobar Islands.
10) EVALUATION / ORDER AWARD CRITERIA:
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The criteria for allocation of offered quantities from the bidders for ESY
20-21 is as under:
1. Supplies from Within State: The quantity offers received from

bidders (plants located in a particular state) for an OMC location in that
particular state would be allocated w.r.t the requirement of OMC
locations. The allocation of ethanol from various feedstock shall be
made on priority in the same order as listed below:
Category A: Sugarcane Juice/ Sugar / Sugar Syrup
Category B: B-Heavy Molasses
Category C: C-Heavy Molasses / Damaged food grains unfit of human
consumption / Surplus rice sourced from FCI / Others
1A.All allocations shall be based on least cost of transportation to the location

in their own respective categories A, B or C irrespective of the cost of the
product. If two suppliers fall in the same distance slabs (upto 1200kms) or
on the ratio of the offered quantities from the respective suppliers, in their
respective feedstock categories A, B or C.
1B. If the offered quantities of C-Heavy Molasses / Damaged food grains unfit
of human consumption / Surplus rice sourced from FCI / Others is more than
the requirement of a particular location, the same shall be allocated based on
least cost of transportation to the location from the supplier(s) and further in
proportion to the quantities offered under various feedstocks by that
supplier(s). If the distilleries manufacturing Ethanol from C Heavy
Molasses/Damaged Food Grains unfit for human consumption/Surplus Rice
sourced from FCI/ Others are in the same distance slabs (upto 1200kms) or
on the ratio of the offered quantities from the respective suppliers.
2A. Supplies from Outside State: After allocation of quantity offered by

suppliers from within the state, the balance offers from suppliers outside the
state for a particular location shall be allocated based on least transportation
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cost irrespective of the feedstock. If the transportation cost is same for the
offers of multiple suppliers/feedstock for a particular location, then priority will
be given to various feedstock as in point 1A and 1B above.
Example:
n) Location 1 in State X requires 2200 units of Ethanol.
o) Supplier A in State X offers 200/500/100/0/0 units of SCJ/BH/CH/DFG/SR
p) Supplier B in State X offers 500/300/100/0/0 units of SCJ/BH/CH/DFG/SR
q) Supplier C from State Y offers 0/0/0/300/100 units of SCJ/BH/CH/DFG/SR
r) Supplier D from State Z offers 0/0/0/100/100 units of SCJ/BH/CH/DFG/SR
s) Supplier E from State Z offers 0/0/0/200/200 units of SCJ/BH/CH/DFG/SR
t) Supplier F from State Z offers 0/0/0/200/100 units of SCJ/BH/CH/DFG/SR
u) Distance of Distillery of Supplier A is 200km from Location 1 slab >75 to
200 km
v) Distance of Distillery of Supplier B is 300km from Location 1 slab >200 to
400 km
w) Distance of Distillery of Supplier C is 500km from Location 1 slab >400 to
600 km
x) Distance of Distillery of Supplier D is 600km from Location 1 slab >400 to
600 km
y) Distance of Distillery of Supplier E is 1300km from Location 1 slab >1200
km
z) Distance of Distillery of Supplier F is 1350km from Location 1 slab >1200
km
The allocation would be in the following order:
100 CH of B + 250 DFG of C + 83.33 SR of C + 83.33 DFG of D + 83.33 SR
of D
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50 CH of B
200 SCJ of A + 500 SCJ of B + 200 BH of A
100 CH of B + 300 DFG of C + 100 SR of C + 100 DFG of D + 100 SR of D
+ 100 DFG of E + 100 SR of E
Other terms and conditions remains the same.
No other preference shall be considered for allocation of quantities.
Department of Food & Public Distribution (DFPD) would provide a

mechanism of certification to differentiate Ethanol produced from
Sugarcane Juice/Sugar/Sugar Syrup and B Heavy molasses. OMCs shall
pay the rate fixed for ethanol derived from B Heavy molasses and
Sugarcane Juice/Sugar/Sugar Syrup only if the Tank Truck delivering
Ethanol from Sugarcane Juice/Sugar/Sugar Syrup and B Heavy
molasses is carrying the Certificate/ Document as per prescribed
mechanism.
Existing mechanism for certification of ethanol produced from

Sugarcane Juice & ethanol produced from B-Heavy Molasses shall
prevail till the revised mechanism if any is issued by DFPD at a later
date.
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In case of Ethanol manufactured from Damaged food grains unfit for

human consumption, each TT delivering Ethanol from Damaged Food
Grain must carry the Certificate/ Document issued by Excise Authority
with unique serial number certifying the feed stock used for production
i.e Damaged food grain not fit for human consumption of such Ethanol
and the invoice should have endorsement from Excise officials with the
serial number of the certificate as mentioned above which will be
attached along with the consignment.
In case of Ethanol manufactured from Surplus Rice procured from

FCI,The rice for conversion to ethanol shall be issued to the distillers by
FCI at Rs 2250/= per quintal.
The procedure and modalities for issue of rice by FCI is given under
Notice on e.procurement site.
Bidders may refer to the following link of FCI’s food storage Depots to
know the State-Wise/ Zone Wise/ District Wise details of food storage
depots along with the capacity , Name and contact details of Depot In-
charge:
https://fci.gov.in/storages.php?view=307
Details of the Nodal officers of Department of Food & Public Distribution,
Food Corporation of India & OMCs are given under Notice on
e.procurement site.
Escalation/De-escalation formula for rate for ethanol derived from

Surplus Rice procured from FCI is given below:
E = 2.22 x ( X2-X1)
P2 = P1 + E
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P2- Price of Ethanol as on the date of escalation/de-escalation

P1 -Price of Ethanol Fixed by OMC Committee (Rs.54.87 per Liter)
E- Escalation / De-escalation i.e. 2.22 x ( X2-X1)
X2 -Price of Surplus Rice supplied by FCI ex. their godown as on (Date
of consideration)
X1 - Price of Surplus Rice supplied by FCI ex. their godown as on (Price
considered in tender @ Rs. 22.50/- per Kg.)
Modalities for supplying rice from the stocks of Food Corporation of India
will be put in place in coordination with MoPNG.
b. As per EOI terms and conditions, priority of allocation as mentioned ab

ove shall be accorded. And within the same feed stock category if ther
e were multiple L1s for any location, the allocation shall be made based
on the ratio of their offered quantity in case cumulative offered quantit
y is more than the required quantity. After allocating quantities to L1 bi
dders for each location, if full requirement for the location is not met; L
2 bidders offered quantity will be accepted (till location’s requirement i
s met).This process will be repeated for L3……Ln bidders.
11) All references to BPCL in the “General Purchase Conditions” should be

read as BPCL/HPCL/IOCL. Terms & conditions mentioned in Special Purchase
conditions shall supersede the similar terms & conditions of General
purchase conditions
12) Pre-Bid Meeting: In order to avoid congregation of bidders at one

place, prebid meeting will be conducted on 17th Nov 2020 at 1100hrs
through Video Conference through Microsoft Teams app.To participate
please use following link:
https://teams.microsoft.com/dl/launcher/launcher.html?url=%2F_%23%2Fl%2Fmeetup-
join%2F19%3Ameeting_ZGE5NjVmYWYtMGM3OC00ODBmLWFkN2YtNzRmMGVhNzc1ZDgy%40thread
.v2%2F0%3Fcontext%3D%257b%2522Tid%2522%253a%2522222f3a7c-d45e-4818-9aa4-
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33d44420ec32%2522%252c%2522Oid%2522%253a%2522beb1f7ec-c142-4822-8607-
6eb5833f30de%2522%257d%26anon%3Dtrue&type=meetup-join&deeplinkId=a1e6ef82-6a4a-4298-
88f3-
166785f025cf&directDl=true&msLaunch=true&enableMobilePage=true&suppressPrompt=true&prom
ptSuccess=true
13) Bid closing date: Your online bid along with EMD should be submitted
on or before the due date of this EOI i.e. at 23rd Nov 2020 @ 11:00 hrs,
IST.
Bids submitted after the due date and time of closing of EOI or not in
the prescribed format are liable to be rejected. BPCL does not take any
responsibility for any delay in submission of online bid due to
connectivity problem No claims on this account shall be entertained.
14) ORDER FULFILLMENT PROCESS: After the evaluations &

recommendations, the individual oil companies will be taking their own
approvals for signing of Supply Contracts, placement of orders & further
activities pertaining to order placement & post order placement will be dealt
by individual oil companies IOCL / BPCL / HPCL. In case of BPCL, Call-offs
will be made by BPCL Regional Retail Logistics offices. In case, if supplier is
not able to honor the LOIs issued by OMCs for a particular category/all
categories of the feedstocks, OMCs may consider to cancel the LOI of that
supplier. OMCs shall allocate the lapsed quantity to other successful suppliers
at the same location from their balance original offered quantity not
considered for allocation earlier in ratio of their original offered quantity in
the same distance ranking order till location’s requirement is fully met. PO/
call off will be placed on the supplier by the location after submission of BG
and signed agreement. The successful vendor, within 15 days of placement
of LOI shall deposit Performance Bank Guarantee (PBG) or Demand draft
and signed Agreement. If the Supplier does not submit PBG and/ or signed
Agreement within specified period of 15 days, his LOI may be cancelled and
his EMD may be forfeited
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15) DELIVERY PERIOD:
The delivery shall commence within 30 days from the date of Letter of
Intent or 10 days from date of issuance of PO by location, whichever is
earlier. Timely delivery by the vendor as per the delivery schedule is the
essence of contract. Monthly procurement plan based on monthly pro-rata
Purchase Order (PO) qty shall be applicable to vendor for supply unless
same is revised by OMC location with mutual consent.The supplier will
make the supplies either as per day wise indent provided by OMC location
up to the limit of monthly quantity applicable as per PO or monthly pro-
rata PO quantity. The supplier shall strictly adhere to the supply schedule
and achieve supply performance of a minimum of 85% of the quantity per
month and minimum of 95% of the quantity on quarterly basis for which
Price Reduction Clause will not be applicable. However, if the vendor is not
achieving 85% of the supplies for a particular month and/ or minimum of
95% of the quantity quarterly basis Price Reduction Clause will be
applicable. Price Reduction Clause will be applicable, where shortfall in
supply (undelivered quantity for the month/quarter as the case may be)
Moreover, supplier has to adhere to the day wise indent provided by OMC
location basis the monthly pro-rata PO qty, else supplier's TT may not be
decanted on the same day due to other supplier's indented supplies in
line with day wise indent.
If the supplier is able to supply 100% quarterly PO quantity in a quarter
(keeping the overall lapse due to TT capacity upto 5 KL in the prorata PO
quantity/ PO quantity) and OMC location is able to receive the quantity,
monthly PRC shall not applicable on the supplier.
16) Indents Alteration by OMC : OMCs reserve the right to alter the
prorated monthly procurement indents for a PO for the location (by
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increasing or decreasing) with advance notice to the supplier, based on

mutual consent.
In the interest of improving blending % under EBP programme, OMCs

reserve the right for preponing the indents from different periods on
mutual consent basis.
There may be situations at any OMC location like closing or downsizing of

Petrol operations or any other eventuality due to major projects / safety
or non-availability/ exhaustion of Permits/ exhaustion of licensed quantity
etc. The concerned OMC, with advance notice may offer in writing to the
Bidder, alternate location(s) where the remaining PO quantity (part or
full) can be shifted. The transfer will be at new location rate and if there
is a transportation rate already established for the Supplier at the
alternate location, the transportation rate for the alternate location will
be offered or else Transportation slab rate as per actual distance for new
location will be offered. All other taxes/ charges will be as per the new
location. The acceptance of new location for delivery of full or part balance
PO quantity will be Supplier’s discretion, which the Supplier should
communicate in writing to the OMC. In case of acceptance by the Supplier,
the procurement period will start from 10 days of issuance of Change PO
or receipt of first load at the new OMC location, whichever is earlier. The
prorated monthly pro-rata PO qty will be same as for original PO.
NOTE: For purpose of assessing the qty. received by a location in a month,

the invoice date of the received qty. will be considered for calculation of
PRC. In case the TT does not report within normal average transit time
from the date of invoice then actual reporting date will be considered.
Actual reporting date at location shall be mentioned on the invoice and
shall be jointly signed by both OMC & Supplier's representatives.
In case of mutually agreed Indent Alteration, the revised indents would
be considered for “Price Reduction” clause.
17) Monthly Indents Alteration sought by Ethanol Supplier
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Alteration of Indent sought by a Supplier
The Supplier can also request the OMC location in writing with minimum
15 days’ notice for rescheduling of his monthly indents (while maintaining
the same quarterly prorated indent) due to unforeseen situations of
temporary nature arising out of day-to-day operating activities or any
other pressing issues faced by the Supplier; mentioning clearly the
problem faced by him. The OMC location at its discretion may accept in
writing to the Supplier, rescheduling of indents proposed by the Supplier.
In case of any alteration of monthly indents by mutual consent on
supplier’s request, the monthly revised indent (higher or lower) would be
considered for Price Reduction clause. This option can be exercised by the
Supplier once during the quarter for a PO for a location i.e. the monthly
indents for quarter only can be revised while maintaining the quarterly
indent i.e. if quarterly prorated indent is 300 KL; the monthly alteration
within a quarter must add to 300 KL.
Ethanol Supplier willing to supply higher than monthly prorated indent for
early completion of PO:
Supplier can request OMC location with 15 days advance notice, for supply
of higher than monthly prorated indent for next month for early
completion of PO quantity; acceptance of the request will be at OMC
location’s discretion.
In case of multiple Vendors seeking revision (increase) in indents at a

location for the next month, the revision of indents by the location will
normally be in proportion of PO quantity; subject to meeting the
Location’s Requirement/ capacity of unloading. The Supply or Pay Clause
will be reckoned as per the revised indent. The prorata monthly indents
as given along with PO will, however, be effective for forthcoming months
till contracted quantity is exhausted. This option can be exercised multiple
times during the Procurement Period.
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In such a case the quarterly revised indent (on supplier for a location &
for a PO) may even become higher than prorated quarterly indent (this
will enable the supplier early completion of PO quantity with location’s
consent).
Receipt of quantity higher than monthly indent (original or revised)

dispatched by the Supplier, will be at OMC location’s discretion.
18) PRICE REDUCTION CLAUSE
The Supply or Pay clause shall be applicable as the Price reduction clause.
As mentioned under “Delivery Period”, monthly pro-rata PO qty shall be

applicable to vendor for supply for supplies of ethanol by the Suppliers
for the contract period. The supplier shall strictly adhere to the supply
schedule i.e. day wise indent (based on monthly pro-rata PO qty) if
provided by OMC location or monthly pro-rata PO quantity and achieve
supply performance of a minimum of 85% of the quantity per month and
achieve supply performance of a minimum of 95% of the quantity on
quarterly basis, for which Price Reduction Clause will not be applicable.
However, if the vendor is not achieving 85% of the supplies for a
particular month and also minimum of 95% of the quantity on quarterly
basis; Price Reduction Clause will be applicable where shortfall in supply
Price reduction clause will be calculated as below.
Beginning of the first quarter will be calculated as 30 days from date of

issue of LOI or 10 days from the date of issue of PO or date of reporting
of first load, whichever is earlier. If the beginning of the first quarter does
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not fall on the first day of the calendar month, prorated indent for the
balance period of that month would be considered. The following 2
months will complete the quarter.
If the supplier is able to supply 100% PO quantity in a quarter (keeping

the overall lapse due to TT capacity upto 5 KL in the prorata PO quantity/
PO quantity) and OMC location is able to receive the quantity, monthly
PRC shall not applicable on the supplier.
There may not be full quarter remaining in that case the part quarter can
be 2 months or 1 month. For the part quarter of two months supplier has
to achieve minimum of 85% of the prorated monthly indent and minimum
of 100% of the prorated quantity for that part quarter will be considered
for Price Reduction Clause. If the part quarter is a one month then supplier
has to achieve 95% of the indented quantity.
An amount equivalent to 1% of the Basic Cost shall be payable by the

supplier for the undelivered quantity 85% of Indented quantity less
supplied quantity on month to month basis and / or 95% of Indented
quantity less supplied quantity, whichever is higher) and these shall be
deducted from the payment due to the vendors and/ or by encashing
security deposit.

quarterly PO quantity/Prorate PO quantity and if OMC is able to receive
the quantity at the same location or any other location, monthly Penalty
shall not be applicable to the Supplier.
Additionally if the supplier is able to supply 100% of the quantity as per

PO for the entire ESY including the quantity lapsed during the earlier
quarters of the ESY by the end of the particular ESY keeping the overall
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lapse due to TT capacity below 12 KL and if the OMC is able to receive

the quantity at the same location or any other location, then Penalty shall
not be applicable to the Supplier .
OMCs decision in the above cases shall be final.’
In addition to above PRC amount, any statutory tax shall be payable as

applicable.
In case state government have not issued guidelines for supply of Ethanol
produced from Sugarcane Juice/Sugar/Sugar Syrup and/or B Heavy
Molasses then in such cases the PRC shall not be applicable for the period
until such time certification is started by Excise or any other competent
authority in State.
In case of any dispute related to PRC waiver, State level OMC committee
will study based on the representation received from suppliers, verify
facts & submit detailed report to HQO/HO OMC committee to resolve the
matter.
19) SECURITY DEPOSIT:
a. The successful vendor, within 15 days of placement of Letter of Intent

(LOI) by respective OMCs shall deposit Bank Guarantee (BG) or
Demand draft towards Security Deposit for an amount equivalent to
1% of LOI value, valid for entire supply period. For example, the
validity of BG for the ESY 20-21 shall be until 30th Nov 2021 with an
additional claim period of six months. Similarly, for the next years the
validity of the BG shall be until 30th Nov 2022 with an additional claim
period of six months and so on.
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b. The vendors will have an option to submit either one BG of full amount
( 1% of the total allocated quantity) for the supply period or multiple
BGs each of value equivalent to 1% of the quantity allocated for that
quarter, valid till the quarter end (quarter for which quantity has been
allocated to vendor) with an additional claim period of six months e.g
if, Dec 2020 –Feb 2021 allocation is 500 KL and March 2021-May 2021
allocation is 1000 KL, then BG for Dec 2020- Feb-2021 will be 1% of
500 KL & BG for March 2021-May 2021 will be 1% of 1000 KL and so
on. The multiple BGs will have to be submitted within 15 days of
placement of Letter of Intent (LOI) by respective OMCs
c. The BG pertaining to respective quarters shall be returned on

successful completion of supply of quantity of such quarter, after
reconciliation of accounts or completion of the claim period whichever
is earlier after adjusting the dues, if any, provided party has submitted
multiple BGs.
d. If a single BG is submitted, the same will be returned after

reconciliation of accounts after completion of supply or completion of
the claim period whichever is earlier after adjusting dues, if any.
e. Security deposit in the form of BG or DD should be submitted by all

bidders within 15 days of placement of LOI (post allocation of
quantities, LOI will be issued by respective OMCs).
In case of BG, Bidder needs to submit an additional letter which

will be obtained from the issuing bank on its letterhead. The
banks letter should be addressed to respective OMC & should
contain the same BG reference which shall be enclosed along
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with the letter. This letter must be submitted in original only

(Copy of this letter will not be accepted).
Purchase Order (PO) will be issued after submission of the above

documents.
Proforma of Bank Guarantee is enclosed in General Purchase Condition

(GPC), which is enclosed as Annexure-VI
Bidder also needs to submit agreement, duly signed (draft template of

agreement is enclosed as Annexure VII) with BG.
However, if bidder does not submit Security Deposit/BG within 15 days

from the date of issue of LOI, the bidder may be put on holiday list for
a period of one year from the date of issue of LOI.
If the bidder submits BG but does not supply Ethanol, Price Reduction
Clause will be applicable and BG will be invoked.
Further Security Deposit/Bank Guarantee clause is to be read with

following additional text:
‘The vendor may also opt for retention of an amount equivalent to 1%
of basic value of contract from his initial invoices as security deposit in
lieu of Bank Guarantee. This amount shall be released after completion
of supplies as per terms and conditions of the contract and reconciliation
of PO v/s supplies and deduction of PRC amount if any.’
20) PAYMENT TERMS:
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100% Payment shall be made within 21 days after receipt of material

at our sites & submission of Original Invoice(s).
OMCs shall pay the rate fixed for ethanol as detailed earlier.
In case the vendor fails to submit documentary proof as per mechanism

as mentioned above for Ethanol derived from Sugarcane Juice/ Sugar/
Sugar Syrup, B heavy molasses, Damaged Food Grain, then the
following action will be initiated against the supplier:

in General Purchase Conditions)
In case it is found by OMCs that supplier has submitted forged

or false documents pertaining to the source from which Ethanol
is produced, then the following action will be initiated against the
supplier:

in General Purchase Conditions.
Under exceptional circumstances, if, for any truck load, the above
mentioned certificate is not provided, then the rates for only C-
Heavy Molasses shall be paid by the OMCs, for the ethanol supplied.
21) INTEGRITY PACT:
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Bidders shall also have to essentially sign an Integrity

Pact (IP) for participating in this tender.
Proforma of Integrity Pact (IP) of IOCL, BPCL, HPCL has been uploaded
as integrity pact (IP) form in technical bid form section. Bidder shall be
required to download and print it such that it is legible. All pages of the
printed copy of IP should be duly signed by the authorized signatory and
stamped all the pages, with two witnesses name, address & signature
and place & date. Thereafter, that copy should be scanned and uploaded
by bidder along with other bid documents. This document is essential
and binding.
The salient points to be noted in regard to IP are:
 If the bidder has been disqualified from the EOI/ tender process prior to
the award of the contract in accordance with the provisions of the
Integrity Pact, BPCL/IOCL/HPCL shall be entitled to demand and recover
from vendor, Price reduction amount by forfeiting the EMD/Performance
Guarantee as per provisions of the Integrity Pact.
 If the contract has been terminated according to the provisions of the

Integrity Pact, or if BPCL is entitled to terminate the contract according
to the provisions of the Integrity pact, BPCL/IOCL/HPCL shall be entitled
to demand and recover from vendor, Price reduction amount by
forfeiting the Performance Guarantee amount as per provisions of the
Integrity Pact.
 Bidders may raise disputes/complaints, if any, with the nominated

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

Independent External Monitor whose name/ address/ contact numbers
are as given below along with contact details of BPCL representatives.
NAME & ADDRESS OF BPCL REPRESENTATIVE
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Name of Poornima Mittal To be

Procuring contacted
Officer-PO for:
PO’s email ID [email protected]; Clarificati
[email protected] ons/
PO’s Office BPCL, Central Procurement Details
Address Organization (Mktg), Regarding
A-Installation, Sewree-Fort Road, This
Sewree (E),Mumbai - 400 015, Tender
PO’s Contact 022-2417 6507; +919821431147
Number 022-24176416; +918696906824
Only in case of any complaints regarding the Tender/ Tender Conditions,
please contact following Independent External Monitors (IEM) :
 Shri. Ramabhadran Ramanujam, Address: 44/24, 3rd trust Cross Street,
Mandavelipakkam, Chennai 600028, Mobile: 9495511954,
 Shri Virendra Bahadur Singh, Address: N. No. B-5/64, Vineet Khand, Gomti Nagar, Lucknow
– 226010, Mobile : 08853760730,
Email: [email protected].
 Shri.Anupam Kulshreshtha, Address: B-3/3, ‘Yarrows Apartments’, Plot C-58/5, Sector 62, Noida, UP
-201309, Mobile: 9968281160
IEM details of IOCL and HPCL will be provided in the Purchase Order. The
responsibility of IEMs of BPCL will be from period starting from publishing
of tender to award of contract for IOCL, BPCL and HPCL and post award
contract for BPCL only. The responsibility of IEMs of IOCL & HPCL will come
in to effect only after placement of contracts by IOCL & HPCL.
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22) HOLIDAY LISTING: Bidders who do not honour the Letter of Intent/
Fax of Award /Contract / Purchase order after the same is issued by OMCs
may be put on Holiday List for a period of one year.Bidders on the
blacklist/holiday list of BPCL/IOCL/HPCL or OIL PSE (Public Sector
Enterprise) shall not be considered in this EOI.
23) ANTECEDENTS CERTIFICATE: Supplier/ Vendors shall engage only

such TT (Tank Trucks) crew whose Antecedents has been verified and
certificate issued by Police. This will be verified by locations for entry of
Ethanol TT crew into OMC location.
24) For the Operational Safety of the location & Enroute Safety of the Tank
Truck, supplier is required to provide all the Safety fittings, as per applicable
Petroleum Rules implemented by the Government. If the TT are found
without required safety fitting, it may not be decanted & returned to the
supplier.
In case any discrepancy is observed in the vehicle and /Or its documents
presented to OMC’s during the currency of the contract, following penal
action shall be taken.
S.
Particular Action
No.
Has indulged in
malpractices such as
wrong calibration, 1 year holiday listing of
1.
alteration of standard vehicle
fitting etc. of the vehicle
Has submitted fake, 1 year holiday listing of

2.
false or forged vehicle
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documents / certificates
for vehicle
25) The quantities given in the EOI are only indicative. OMCs reserves the
right to change the Quantity requirement for any of the location based on
the prevailing situation during currency of the contract.
26) OUTSTANDING DUES TO OIL COMPANIES: All outstanding

payments to OMCs with respect to past tenders/EOIs have to be settled by
the vendor / recovered by OMCs from the amount payable or by enchasing
BG unless the matter is sub-judice.
27) The vendors who are on the holiday list of BPCL and/ or IOCL and/ or
HPCL and/ or MOP&NG and/ or any other OIL PSE will not be considered.
28) The bidder is expected to examine all instructions, forms, attachments,

terms and specifications in the EOI document. The entire EOI document
together with all its attachments/amendments thereto, shall be considered
to be read, understood and accepted by the bidder. Failure to furnish all
information required in the EOI document or submission of a bid not
substantially responsive to the EOI documents in every respect will be at
bidder risk and may result in the rejection of his bid. The bidder scope of
supplies as specified in the material requisition shall be in strict compliance
with the scope detailed therein and in the bid document.
29) Grievance Redressal Mechanism: Bharat Petroleum Corporation

Limited (BPCL) has developed the Grievance Redressal Mechanism to deal
with references/ grievances, if any, that is received from bidders who
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participated / intends to participate in the EOI. The details of the same are
available on our website www.bharatpetroleum.in
In the event of any dispute or difference relating to the interpretation

and application of the provisions of commercial contract(s) between
Central ` Public Sector Enterprises (CPSEs)/Port Trusts inter say and
also between CPSEs and Government departments/organizations
(excluding disputes concerning railways, income tax, customs and
excise departments*), such dispute or difference shall be taken up by
either party for its resolution through Administrative Mechanism for
Resolution of CPSEs Dispute (AMRCD) as mentioned in DPEOM number
four (1)/2013-DPE(GM)/FTS-1835, dated 22.05.2018.
*The exclusion will also include disputes concerning GST, State Level
Sales Tax/VAT etc. though not mentioned explicitly.
30) QUERIES AND CLARIFICATIONS: Any query or clarification with

regard to this tender may please be referred to below address & phone nos.
on any working day during office working hours:
DGM Procurement/ Sr.Manager Procurement

Central Procurement Organisation (Mktg)
Bharat Petroleum Corporation Ltd,
‘A’ Installation, Sewree Fort Road, Sewree (East),
Mumbai - 400 015.
Phone: 91-22-24176507 /9821431147/ 24176416/8696906824

Fax : 91-22-24117878
E Mail :[email protected];
[email protected]
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31) GOVERNING LAWS: The laws of Union of India shall govern all
matters concerning the tender. Any issue arising related to the tender or the
selection process shall be adjudged by the courts in Mumbai, India alone.
32) BPCL/IOCL/HPCL reserves the right to accept or reject, any or all bids
received at its absolute discretion without assigning any reason whatsoever.
33) It shall be understood that every endeavour has been made to avoid
errors which can materially affect the basis of the EOI and the successful
vendor shall take upon himself and provide for risk of any error which may
subsequently be discovered and shall make no subsequent claim on account
thereof.
For any clarification on e-EOI/ training / uploading of document on e-
procurement site, please contact our service provider M/s ETL on below
numbers.
Mr.Harshal Sapkale: Tele Phone: 02224176419/6351896637, E-mail:

[email protected]
Mr. Mohnish Gore : Email : [email protected]
M/s. ETL Help Desk No. : 079-68136871/861/854/0120-

2474951/033-
24293447
For any queries / clarifications on EOI technical specifications /

commercial points and other terms and conditions of the EOI please
contact as under:-
Mr. Gunjan Omprakash Bhiwal, Sr.Manager Procurement, CPO (Mktg.),

CONTACT NO: 91-22-24176416, 8696906824
OR
Mrs. Poornima Mittal, Ch. Manager, CPO (Mktg.)
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CONTACT NO: 91-22-24176507, 9821431147

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ANNEXURE- I
SPECIFICATIONS FOR DENATURED ANHYDROUS ETHANOL
INDUSTRY SPECIFICATIONS OF DENATURED ANHYDROUS ETHANOL

BASED ON IS 15464:2004 and revision from BIS from time to time
Methods of
S Industry Test, Refer to
. Characteristics EOI Specification Annex of IS
N 15464 : 2004
1 Relative density at 15.6cC /
0.7956 A
. 15.6cC max.
2 Ethanol content % by volume at
99.6 B
. 15.6cC / 15.6cC min.
3
Miscibility with water Miscible C
.
4
Alkalinity Nil D
.
5 Acidity (as CH3COOH), mg/l,
30 D
. Max.
6 Residue on evaporation, percent
0.005 E
. by mass, Max.
7 Aldehyde content (as CH3CHO)
60 F
. mg / l , Max
8
Copper , mg/kg,Max 0.1 G
.
9
Conductivity , s/m,Max 300 H
.
1
0 Methyl alcohol , mg/litre , Max 300 J
.
1 Clear & bright and
1 Appearance free from Visual
. suspended matter
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DENATURANTS:
The denaturant should be added with Ethanol in suitable dosage as per IS:
4117 in line with IS-15464 and as per prescribed Excise regulation from time
to time conforming to the automotive fuel requirements. Denaturants may be
considered as a part of Ethanol and component of the fuel. Ethanol should not
have more than 0.4% max impurities including permitted denaturants. These
denaturants should not have detrimental effect on specification and stability
of Motor Gasoline.
Some of the Prohibited denaturants for Ethanol that cannot be used are
Pyroles, Methanol, Turpentine, Ketones, Tar, Benzene, Organo-metallic
compounds.
The denaturants should be pre mixed at Ethanol manufacturer end before

transporting the Ethanol to Oil Company premises. The name and dosage of
the denaturants used should be clearly mentioned on the delivery documents
duly endorsed by State Excise Authorities where ever state excise control
exists, or otherwise by the authorized person in the distillery.
ANNEXURE-II
S
State Location
No Quantity Reqd.in KL
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Andhra
1 Pradesh Kadapa 9600
Andhra
Vijayawada/Kondapally
2 Pradesh 35091
Andhra
Rajahmundry
3 Pradesh 24068
Andhra
Visakhapatnam
4 Pradesh 38843
Andhra
Guntakal Depot
5 Pradesh 15440
Andhra
Ongole Depot
6 Pradesh 12535
Andhra
Chittoor
7 Pradesh 17680
Andhra
Gooty
8 Pradesh 9988
10 Assam Betkuchi(Guwahati) 40635
11 Assam Numaligarh 4040
12 Bihar Patna 12629
13 Bihar Barauni 22165
14 Bihar Raxaul Depot 1740
15 Bihar Motihari 6000
16 Bihar Muzaffarpur 5449
17 Chhattisgarh Korba 13690
18 Chhattisgarh Raipur(Common User Terminal) 42160
20 Goa ZIOL(Goa) 16110
23 Gujarat Hazira 14224
24 Gujarat Vadodara/Dumad/Koyali 8241
25 Gujarat Navegaon 748
26 Gujarat Vadinar 45576
28 Gujarat Jamnagar 1295
29 Haryana Panipat 17860
30 Haryana Rewari 8305
Himachal
Nalagarh
33 Pradesh 345
34 J&K Srinagar Depot 12605
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35 J&K Jammu 7771

36 J&K Leh 400
37 Jharkhand Jasidih 18370
38 Jharkhand Khunti 17000
41 Jharkhand Bokaro 10869
43 Karnataka Mangalore 12386
44 Karnataka Bangalore 27596
45 Karnataka Navlur(Hubli) 6486
46 Karnataka Desur(Belgaum) 8901
47 Karnataka Bijapur 3010
48 Karnataka Nandur(Gulbarga) 4366
49 Karnataka Mysore 3802
50 Karnataka Hassan 15577
52 Kerala Irimpanam(Cochin) 193003
53 Kerala Kozhikode 36641
Madhya
Ratlam
54 Pradesh 11355
Madhya
Bakania(Bhopal)
55 Pradesh 12517
Madhya
Manglia(Indore)
56 Pradesh 10483
Madhya
Itarsi
57 Pradesh 6450
Madhya
Rairu(Gwalior)
59 Pradesh 5546
Madhya
Sagar
60 Pradesh 3890
Madhya
Bina
61 Pradesh 7223
62 Maharashtra Loni/Haweli(Pune) 6200
63 Maharashtra Vashi(Navi Mumbai) 5039
64 Maharashtra Wadala/Sewree(Mumbai) 5337
65 Maharashtra JNPT(Navi Mumbai) 570
67 Maharashtra Gaigaon(Akola) 3260
68 Maharashtra Tadali(Chandrapur) 5190
70 Maharashtra Akolner(Ahmednagar) 2110
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71 Maharashtra Pakni(Solapur) 6050

72 Maharashtra Miraj 11145
74 Maharashtra Wardha 2266
75 Odisha Paradeep 45526
76 Odisha Jharsuguda 17228
77 Odisha Jatni(Bhubaneshwar) 31970
78 Odisha Somnathpur/Balasore 16647
79 Punjab Jalandhar 37991
80 Punjab Sangrur 10500
81 Punjab Bathinda 30575
84 Rajasthan Ajmer Durai 24912
85 Rajasthan Salawas(Jodhpur) 51078
86 Rajasthan Chittorgarh 29670
87 Rajasthan Sanganer/Jobner/Mohanpur/Asalpur(Jaipur) 93394
88 Rajasthan Bharatpur 19110
89 Rajasthan Kota 23788
90 Tamil Nadu Kappalur(Madurai) 38944
91 Tamil Nadu Trichy Terminal 41489
92 Tamil Nadu Irugur(Coimbatore) 60534
93 Tamil Nadu Sankari(Salem) 29840
94 Tamil Nadu Ennore/Tondiarpet(Chennai) 116902
95 Tamil Nadu Tirunalveli 17238
96 Tamil Nadu Karur 38997
97 Telangana Ghatkeshwar/Cherlapalli/Sicunderabad(Hyderabad) 30348
98 Telangana Ramagundam 11891
99 Telangana Suryapeth(Warangal) 9726
101 Uttar Pradesh Panki(Kanpur) 9171
102 Uttar Pradesh Mughalsarai 7789
103 Uttar Pradesh Lucknow 2468
104 Uttar Pradesh Baitalpur 3243
106 Uttar Pradesh Gonda 255
107 Uttar Pradesh Mathura 39662
112 Uttarakhand Roorkee Terminal 1487
114 West Bengal Maurogram/BudgeBudge/Howrah(Kolkatta) 66259
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115 West Bengal Rajbandh(Durgapur) 40155

116 West Bengal NJP/Siliguri 15926
117 West Bengal Haldia 20858
118 West Bengal Malda 9676
119 West Bengal Rangapani 524
1953638
Annexure III
Affidavit cum Indemnity Bond
(Bidder must agree to online declaration as per following format in respect of

production of denatured anhydrous ethanol by the bidder)
1. For EOI no. 1000355961 (System ID: 75811), I/We confirm that I/ We
are/shall be meeting all the qualification criteria for production/
manufacturing/supplying of Ethanol complying to IS 15464:2004, as
required under said EOI.
2. That I/ We is/ are/shall be producing Ethanol from feed stock from Sugar
cane juice/Sugar/Sugar Syrup, B Heavy molasses/ C Heavy Molasses/
Damaged food grains such as broken rice, wheat etc. which are unfit for
human consumption/Surplus Rice procured from FCI
3. I/ We confirm that the sources of feed stock/ raw materials/intermediate

stock are/shall be of indigenous origin only and no imported Feed stock /
Raw materials/ intermediate stock will be used for manufacturing Ethanol.
4. Applicable for existing distilleries: I/ We is/am/ are/shall be holding all

the required statutory approvals/ certificates/ licenses/documents etc. and
shall continue to hold the same during the contract period and shall also
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obtain and hold any additional approvals/ certificates/ licenses which may be
required by any statutory authority during the contract period.
5. I/ We is/am/ shall at all times follow and abide by all central and state rule
regulations and shall be solely liable for any violation or non-compliance of
any of the above requirements.
6. I/ We shall indemnify and hold harmless Oil Marketing Companies

(IOCL/HPCL/BPCL), their officers, directors, employees etc. against any and
all claims, damages, penalty/ies, liability/ies, losses, demands, action, suits
etc. arising out of non-compliance of any of the above requirements.
7. I/ We do hereby agree that in case of the non-compliance of any of the

above requirements, Oil Marketing Companies shall be free to take any
action including but not limited to the termination of contract and such
decision of Oil Marketing Companies shall be final and binding on us.
8. I/We confirm that we shall be able to supply Ethanol to OMCs from the
beginning of the month of the quarter as quoted in price bid.
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ANNEXURE –IV
PROFORMA OF BANK GUARANTEE
(On non-judicial paper of appropriate value)
FOR EARNEST MONEY DEPOSIT
To
Bharat Petroleum Corporation Ltd.
Dear Sirs,
M/s. ________________________________________________have taken
EOI for the work______________________CRFQ No/PO
No________________________________________ for Bharat Petroleum
Corporation Ltd.
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The EOI Conditions of Contract provide that the Contractor shall pay a sum of
Rs.___________
(Rupees___________________________________________) as earnest
money/security deposit in the form therein mentioned. The form of payment
of earnest money/security deposit includes guarantee executed by
Nationalized Scheduled Bank, undertaking full responsibility to indemnify
Bharat Petroleum Corporation Ltd. in case of default.
The said_________________________________________ have approached

us and at their request and in consideration of the premises
we__________________________________________________________h
aving our office at ____________have agreed to give such guarantee as
hereinafter mentioned.
1.We_________________________________________________________
__________ hereby undertake and agree with you that if default shall be
made by M/s. _____________________________________ in performing
any of the terms and conditions of the EOI or in payment of any money
payable to Bharat Petroleum Corporation Ltd. We shall on demand pay to you
in such matter as to you may direct the said amount of Rupees
_______________________________only or such portion thereof not
exceeding the said sum as you may from time to time require.
2. You will have the full liberty without reference to us and without effecting
this guarantee postpones for any time or from time to time the exercise of
any of the powers and rights conferred on you under the contract with the
said _____________and to enforce or to for bear from endorsing any power
of rights or by reason of time being given to the said which under law relating
to the sureties would but for provision have the effect of releasing us.
3. Your right to recover the said sum of

Rs.__________________(Rupees__________________
____________________) from us in manner aforesaid will not be affected or
suspended by reason of the fact that any dispute or disputes have been raised
by the said M/s.__________________ _________________and/or that any
dispute or disputes are pending before any officer, tribunal or court.
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4. The guarantee herein contained shall not be determined or affected by the

liquidation or winding up, dissolution or change of constitution or insolvency
of the said______________ ____________________but shall in all respects
and for all purposes be binding operative units payment of all money due to
you in respect of such liabilities is paid.
5. Our liability under this guarantee is restricted to

Rupees__________________________________ Our guarantees shall
remain in force until_____________________________________________
unless a suit or action to enforce a claim
under_________________________________________ Guarantee is filed
against us within six months from _____________________________(which
is date of expiry of guarantee) all our rights under the said guarantee shall be
forfeited and shall be relieved and discharged from all liabilities there under.
6. We have power to issue this guarantee in your favour under Memorandum

and Articles of Association and the undersigned has full power to do under the
Power of Attorney dated __________________granted to him by the Bank.
Yours faithfully
______________________________ Bank by its Constituted Attorney
Signature of a person duly authorized to sign on behalf of the bank.
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ANNEXURE-V
Date: ___________
CERTIFICATE CONFIRMING ELIGIBILTY FOR BENEFITS OF PUBLIC

PROCUREMENT POLICY
Ref: Tender No………….. for……………………………………………………………
This is to confirm that we have verified the investment limits and other details
of Unit _________ pertaining to M/s ________ and certify that they satisfy
the eligibility criteria as per MSMED Act, 2006 and other
notifications/circulars/amendments issued from time to time in this regard.
Accordingly, M/s _______ is a Micro/Small enterprise under the said Act and
are eligible to claim the benefits of public procurement policy for the tender
mentioned above.
In case applicable:
Based on our verification of share holding pattern and other details, it is
certified that M/s ________ meets the eligibility criteria under SC/ST provision
of Public Procurement Policy Order 2012 and other notifications/circulars
issued from time to time in this regard and are hence eligible to claim benefits
pertaining to SC/ST under the act.
In case applicable:
Based on our verification of share holding pattern and other details, it is
certified that M/s _________ meets the eligibility criteria under Women
Entrepreneur provision of Public Procurement Policy Order 2012 and other
notifications/circulars issued from time to time in this regard and are hence
eligible to claim benefits pertaining to Women Entrepreneur under the Act.
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(Membership No. of CA along with certification / stamp)
ANNEXURE-VI
General Instructions to vendors for e-EOI
Interested parties may download the EOI from BPCL website

(http://www.bharatpetroleum.in) or the CPP portal (http://eprocure.gov.in)
or from the e-tender website (https://bpcleproc.in) and participate in the EOI
as per the instructions given therein, on or before the due date of the EOI.
The EOI available on the BPCL website and the CPP portal can be downloaded
for reading purpose only. For participation in the EOI, please fill up the EOI
online on the e-EOI system available on https://bpcleproc.in.
For registration on the e-tender site https://bpcleproc.in, you can be guided

by the “Instructions to Vendors” available under the download section of the
homepage of the website. As the first step, bidder shall have to click the
“Register” link and fill in the requisite information in the “Bidder Registration
Form”. Kindly remember your e-mail id (which will also act as the login ID)
and the password entered therein. Once you complete this process correctly,
you shall get a system generated mail. Login in to the portal using your
credentials. When you log in for the first time, system will ask you to add your
Digital Signature. Once you have added the Digital Signature, please inform
us by mail to the vendor administrator [email protected] with a copy
to [email protected] for approval. Once approved, bidders can login in to
the system as and when required.
As a pre-requisite for participation in the EOI, vendors are required to obtain

a valid Digital Certificate of Class IIB and above (having both signing and
encryption certificates) as per Indian IT Act from the licensed Certifying
Authorities operating under the Root Certifying Authority of India (RCIA),
Controller of Certifying Authorities (CCA). The cost of obtaining the digital
certificate shall be borne by the vendor.
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In case any vendor so desires, he may contact our e-procurement service

provider M/s. E-Procurement Technologies Ltd., Ahmedabad (Contact no. Tel:
+91 7940270573-74, 07940016840,mail id: [email protected]) for
obtaining the digital signature certificate.
ANNEXURE –VII
General Purchase Conditions Date:22.01.2020
The following conditions shall be applicable for all Non Hydrocarbon 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
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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. LIMITATION OF LIABILITY FOR GOODS PROCUREMENT
30. COMPLIANCE OF REGULATIONS
31. REJECTION, REMOVAL OF REJECTED GOODS AND REPLACEMENT
32. NON-WAIVER
33. NEW & UNUSED MATERIAL
34. PURCHASE PREFERENCE CLAUSE
35. CANCELLATION
36. ANTI –COMPETITIVE AGREEMENTS/ABUSE OF DOMINANT POSITION
37. ASSIGNMENT
38. GOVERNING LAW
39. AMENDMENT
40. NOTICES
41. POLICY ON HOLIDAY LISTING
42. ORDER OF PRECEDENCE FOR PURCHASES
43. TERMINATION FOR CONVENIENCE
44. BUILDING AND OTHER CONSTRUCTION WORKERS CESS
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
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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 LIMITED 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.
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.
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
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Owner, shall be in English language only. In case any of the supporting documents (either technical or
financial) are not in English language, then the English translation copy of the same shall also be furnished
duly certified, stamped and signed by local Chamber of Commerce of bidder’s country or Indian embassy
in bidder’s country or their embassy in India
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 GST registration in the concerned State as applicable and vendor shall quote their
GSTIN number in the quotation wherever required.
6.1 GST:
6.1.1. GST 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 GST applicable at
present. Any upward variation in GST rates, beyond the contractual delivery period, shall be to vendor’s
account.
6.1.2. In case GST is not applicable at present: In case GST gets levied due to change in turnover of
Vendor/Supplier, shall be borne by the vendor/supplier. If GST becomes applicable due to change in the
law in future, the same will be borne by vendor subject to 6.1.1. In case of change in stand of
vendor/supplier about applicable rate of GST towards higher side, the same will not be payable.
6.1.3. Owner shall take Input Tax Credit of the GST paid on the material supplied for both GST and cess
component as applicable and accordingly GST / Cess should be quoted separately wherever applicable.
Vendor shall ask the transporter of the goods to hand over the copy of GST invoice (transporter’s copy) at
the time of delivery of goods at owner’s site.
The vendor shall take steps viz. mention relevant GSTIN of BPCL in GST invoices and returns, uploading
invoice in GSTR 1, payment of the tax liability on the said invoices and filing of Returns etc. and comply
with all the requirements of applicable laws including GST laws for the time being in force to enable the
OWNER to avail tax credit/s including input tax credit. Any loss or non-availability of input tax credit by
the OWNER due to non-compliance of applicable tax law including but not limited to GST laws in force or
otherwise, on the part of VENDOR, an amount equivalent to any tax liability accruing to the OWNER
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and/or to the extent of any loss accrued to the OWNER due to the non-availability of input tax credit or
any liability accrued to the OWNER shall either stand cancelled or deducted from the payment due to the
VENDOR or shall be reimbursed by the VENDOR as the case may be till such default is either rectified or
made good by the VENDOR and the OWNER is satisfied that it is in a position to claim valid input tax credit
within the timelines as per applicable laws. Any cost, liability, dues, penalty, fees, interest as the case may
be which accrues to the OWNER at any point of time on account of non-compliance of applicable tax laws
or rules or regulations thereof or otherwise due to default on the part of VENDOR shall be borne by the
VENDOR. An amount equivalent to such cost, liability, dues, penalty, fees, and interest as the case may be
shall be reimbursed by the VENDOR within 30 days. Any GST as may be applicable on such recovery of
amount shall also be borne by VENDOR and same shall be collected by the OWNER.”
6.2 FREIGHT:
6.2.1 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.
6.3. 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.
6.4 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.
6.5 INCOME TAX (WITHHOLDING TAX): In the case of availment of services from Non Resident Vendors who
are claiming benefits offered under the Double Taxation Avoidance Agreements signed by India with the
Government of the other country (i.e. the country of the Vendor), such Non Resident Vendors are
required to provide the Tax Residency Certificates at the time of submission of Bid documents. The Tax
Residency Certificates shall contain the following details:
a) Name of Vendor (assessee);
b) Status (Individual, Company, firm etc.) of assessee;
c) Nationality (in case of individual);
d) Country or specified territory of incorporation or registration (in case of others);
e) Assessee ‘s tax identification number in the country or specified territory of residence or in case no
such number, then, a unique number on the basis of which the person is identified by the
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Government of the country or the specified territory;

f) Residential status for the purpose of tax;
g) Period for which the certificate is applicable; and
h) Address of the applicant for the period for which the certificate is applicable.
The Tax Residency Certificate shall be duly verified by the Government of the Country or the specified
territory of the assessee of which the assessee claims to be a resident for the purposes of tax.
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 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 or as specified in the Special Purchase Conditions.
Materials shall be inspected as per scope of inspection by TPIAs which are registered under “NABCB
accredited bodies as per requirement of ISO/IEC 17020 as Type A” in QCI’s NABCB website as on the date
of Inspection of Goods. The link is as below:
http://nabcb.qci.org.in/accreditation/reg_bod_inspection_bodies.php
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).
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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 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 facilitate 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 Limited or order'.
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
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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: Vendor’s Name
Consignee: Bharat Petroleum Corporation Limited
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.
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
LIMITED.
TRANSMISSION OF SHIPPING DOCUMENTS for both modes of shipment viz. Sea and/or Air: Foreign
Supplier shall obtain the shipping documents in seven complete sets including three original stamped
copies of the Bill of Lading / Airway bill as quickly as possible after the shipment is made, and airmail/send
scanned copies by e-mail as shown below so that they are received at least three weeks before the
Vessels arrival or immediately in case of Air shipment. 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
Bill of Lading/Airway Bill 4 (including 1 original)
Invoice 4
Packing List 4
Freight Memo 4
Country of Origin Certificate 4
Third party inspection certificate 4
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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, GST, Freight, Inspection Charges,
Supervision of Installation & Commissioning and other taxes & levies, loading etc., if any, reduced by Input
tax Credits as applicable.
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 Performance 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) GST invoice
c) The Lorry Receipt of the consignment
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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 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. In case the defect arises within the
abovementioned Defect Liability Period (DLP) and the same is repaired/replaced, the DLP for the
repaired/replaced job/item will be extended suitably so as to cover the original DLP. However, in no case,
such extension will exceed 24 months from date of start of initial DLP.
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.
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 GUARANTEES:
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
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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:
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).
14.3 Process for submitting Bank Guarantee / PBG under SFMS (Structured Financial Messaging System)
mode
as follows:
Vendors shall insist their Bank on issuance of SFMS Bank Guarantee for faster payments. Vendors shall
provide BPCL's Bank Account No. & IFSC Code (Details given below) to their Bank as beneficiary at the
time of application for Bank Guarantee in favor of BPCL. Issuing Bank shall issue the Bank Guarantee &
send SFMS message to BPCL's Bank confirming the authenticity of Bank Guarantee who in turn shall send
the confirmation to BPCL.
Branch :CAG Branch, Mumbai
Account No: 11083980831
SFMS BG will help in faster verification of BGs and prompt release of payments to vendors.
15. PACKING & MARKING:
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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.
In the case of imports, all equipments/ materials shall be suitably packed in weather proof,
seaworthy/airworthy packing for ocean/air 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 packages 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,
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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 surfaces on equipment/ materials should be carefully protected and printed with protective
paint/compound and wrapped to prevent rusting and damage.
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.
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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.
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) Consignee Name & Address
c) Vendor Name
d) Batch no with manufacturing date
e) Procedure (in brief) for handling
f) Date of dispatch etc.
g) Expiry Date, if applicable
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.
BHARAT PETROLEUM CORPORATION LIMITED
(With detailed address as given in Special Purchase Conditions)
From :
To : Bharat Petroleum Corporation Limited
(With detailed address as given in Special Purchase Conditions)
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Order No.: Rev. No.:

Item :
Equipment Nomenclature :
Net weight : Kgs.
Gross weight : Kgs.
Case No. : of Total cases:
Dimensions :
Import License 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 affecting the delivery at the required delivery point.
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).
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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 only where risk/reward has
been transferred to BPCL.
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/airway bill
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.
18.3. The Vendor shall send BPCL information of the proposed consignment well in advance by fax/email/
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.
18.4. In the case of imports, as soon as any shipment is made, the Foreign Supplier shall send advance
information by way of e-mail to Bharat Petroleum Corporation Limited, (with detailed address as given in
Special Purchase Conditions and/or purchase order) 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).
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
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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 owner’s 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.
22. FORCE MAJEURE
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Circumstances leading to force majeure

(a) Act of terrorism;
(b) Riot, war, invasion, act of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion,
revolution, insurrection of military or usurped power;
(c) Ionising radiation or contamination, radio activity from any nuclear fuel or from any nuclear waste from the
combustion of nuclear fuel, radioactive toxic explosive or other hazardous properties of any explosive
assembly or nuclear component;
(d) epidemics, earthquakes, flood, fire, hurricanes, typhoons or other physical natural disaster, but excluding
weather conditions regardless of severity; and
(e) freight embargoes, strikes at national or state-wide level or industrial disputes at a national or state-wide
level in any country where Works are performed, and which affect an essential portion of the Works but
excluding any industrial dispute which is specific to the performance of the Works or the Contract.
For the avoidance of doubt, inclement weather, third party breach, delay in supply of materials (other than
due to a nationwide transporters’ strike) or commercial hardship shall not constitute a Force Majeure event.
• Notification of Force Majeure
Contractor shall notify within [10(ten)] days of becoming aware of or the date it ought to have become aware
of the occurrence of an event of Force Majeure giving full particulars of the event of Force Majeure and the
reasons for the event of Force Majeure preventing the Affected Party from, or delaying the Affected Party in
performing its obligations under the Contract.
• Right of either party to terminate
If an event of Force Majeure occurs and its effect continues for a period of 180 (one hundred eighty days) or
more in a continuous period of 365 (three hundred sixty five) days after notice has been given under this
clause, either Party may terminate the Contract by issuing a written notice of 30 (thirty) days to the other
Party.
• Payment in case of termination due to Force Majeure
The Contract Price attributable to the Works performed as at the date of the commencement of the relevant
event of Force Majeure.
The Contractor has no entitlement and Owner has no liability for:
a) Any costs, losses, expenses, damages or the payment of any part of the Contract Price during an event of
Force Majeure; and
b) Any delay costs in any way incurred by the Contractor due to an event of Force Majeure.
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Time extension for such cases will be worked out appropriately.

23. ARBITRATION CLAUSE:
Any dispute or difference whatsoever arising out of or in connection with this Agreement including any
question regarding its existence, validity, construction, interpretation, application, meaning, scope,
operation or effect of this contract or termination thereof shall be referred to and finally resolved through
arbitration as per the procedure mentioned herein below :
(a) The dispute or difference shall, in any event, be referred only to a Sole Arbitrator
(b) The appointment and arbitration proceedings shall be conducted in accordance with SCOPE forum of
Arbitration Rules for the time being in force or as amended from time to time
(c) The Seat of arbitration shall be at ______(Region/HQ from where the tender has been floated)
(d) The proceedings shall be conducted in English language
(e) The cost of the proceedings shall be equally borne by the parties, unless otherwise directed by the
Sole Arbitrator.
In the event of any dispute or difference relating to the interpretation and application of the provisions of
commercial contract(s) between the Central Public Sector Enterprises (CPSEs)/Port Trusts inter se and also
between CPSEs and Government Departments/Organizations (excluding disputes concerning Railways,
Income Tax, Customs & Excise Departments*), such dispute or difference shall be taken up by either party
for its resolution through AMRCD as mentioned in DPE OM no.4(1)/2013-DPE(GM)/FTS-1835 dated 22-
05-2018.
(* The exclusion would also include disputes concerning GST, State level Sales Tax / VAT etc; though not
mentioned explicitly)
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.
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.
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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 owner and all costs of proceedings, suit or actions which owner may incur
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or sustain in respect of the same.

29. LIMITATION OF LIABILITY FOR GOODS PROCUREMENT :
The aggregate total liability of the Contractor to Owner under the Contract shall not exceed the total
Contract Price, except that this Clause shall not limit the liability of the Contractor for following:
(a) In the event of breach of any Applicable Law;
(b) In the event of fraud, willful misconduct or illegal or unlawful acts, or gross negligence of the
Contractor or any person acting on behalf of the Contractor; or
(c) In the event of acts or omissions of the Contractor which are contrary to the most elementary rules of
diligence which a conscientious Contractor would have followed in similar circumstances; or
(d) In the event of any claim or loss or damage arising out of infringement of Intellectual Property; or
(e) For any damage to any third party, including death or injury of any third party caused by the
Contractor or any person or firm acting on behalf of the Contractor in executing the Works.
Neither Party shall be liable to the other Party for any kind of indirect or consequential loss or damage
like, loss of use, loss of profit, loss of production or business interruption which is connected with any
claim arising under the Contract.
30. 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.
31. 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
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time taken for replacement in such event will not be added to the contractual delivery period.
32. 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.
33. NEW & UNUSED MATERIAL:
All the material supplied by the vendor shall be branded new, unused and of recent manufacture.
34. 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. 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), MSEs owned by Women
Entrepreneurs 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, a MSE owned by women entrepreneurs and a MSE owned by SC/ST entrepreneurs
shall be decided based on the price quoted by the said MSEs as compared to L-1 Vendor at the time of
evaluation of the price bid.
Bidders claiming purchase preference as MSE need to submit the following documents:
Self-attested copy of all the pages of the EM-II certificate/Udyog Adhar Memorandum issued by
the appropriate authorities mentioned in the Public procurement policy of MSEs-2012 and
Vendor’s declaration/affidavit in their organization/Company letter head, stating that, in the
event of award of contract, all the ordered supplies shall be made from the unit for which MSE
certificate has been submitted.
35. CANCELLATION:
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35.1. BPCL reserves the right to cancel the contract/purchase order or any part thereof through a written notice
to the vendor if:
35.1.1. The vendor fails to comply with the terms of this purchase order/contract.
35.1.2. The vendor becomes bankrupt or goes into liquidation.
35.1.3. The vendor fails to deliver the goods on time and/or replace the rejected goods promptly.
35.1.4. The vendor makes a general assignment for the benefit of creditors.
35.1.5. A receiver is appointed for any of the property owned by the vendor.
35.2. 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 loss of 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.
36. ANTI –COMPETITIVE AGREEMENTS/ABUSE OF DOMINANT POSITION:
The Competition Act, 2002 as amended by the Competition (Amendment) Act, 2007 (the Act), prohibits
anticompetitive practices and aims at fostering competition and at protecting Indian markets against
anticompetitive practices by enterprises. The Act prohibits anticompetitive agreements, abuse of
dominant position by enterprises, and regulates combinations (consisting of acquisition, acquiring of
control and M&A) wherever such agreements, abuse or combination causes, or is likely to cause,
appreciable adverse effect on competition in markets in India. BPCL reserves the right to approach the
Competition Commission established under the Act of Parliament and file information relating to anticompetitive
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.
37. ASSIGNMENT:
The Vendor does not have any right to assign his rights and obligations under these general purchase
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conditions without the prior written approval of BPCL.

38. GOVERNING LAW:
These General Purchase Conditions shall be governed by the Laws of India.
39. 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.
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.
41. POLICY ON HOLIDAY LISTING:
The guidelines and procedures for Holiday Listing are available separately in BPCL website and shall be
applicable in the context of all tenders floated and consequently all orders/ contracts / purchase orders. It
can be accessed using the following link: http://bharatpetroleum.in/pdf/holidaylistingpolicyfinal.pdf .
42. ORDER OF PRECEDENCE FOR PURCHASES :
1. Purchase Order
2. Detailed letter of Acceptance along with its enclosures
3. Letter of Award / Fax of Acceptance
4. Job Specifications (specific to particular job only)
5. Drawings
6. Special Purchase Conditions (SPC)
7. Technical Specifications
8. Instructions to Bidders
9. General Purchase Conditions (GPC)
10. Other Documents
Additionally, any variation or amendment / change order issued after signing of formal contract shall take
precedence over respective clauses of the formal contract and its Annexures.
43. TERMINATION FOR CONVENIENCE:
The purchaser may, by written notice of 14 days sent to the seller, cancel the contract, in whole or part, at
any time for his convenience. The notice of cancellation shall specify that cancellation is for the
purchaser’s convenience, the extent to which performance of work under the contract is cancelled and
the date upon which such cancellation becomes effective.
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The goods that are complete and ready for shipment within 30 days after the seller’s receipt of notice of
cancellation shall be purchased by the purchaser at contract terms and prices. For the remaining goods,
the purchaser may opt :-
a. To have any portion completed and delivered at the contract terms and prices
and / or
b. To cancel the remainder and pay to the seller an agreed amount for partially completed goods and
materials and parts previously procured by the seller.
44. BUILDING AND OTHER CONSTRUCTION WORKERS CESS:
a. Bidders to note that under Building and other Construction Workers Welfare Act (Re&CS) Act 1996,
Cess is applicable to contracts executed outside Factory Area (e.g. construction of new industrial
installation, office & residential buildings etc.) as per the provisions applicable under ‘The Building and
Other Construction Workers Welfare Cess Act 1996’.
b. The contractor must be registered with the concerned authorities under the Building and other
Construction Workers‟ (RE&CS) Act, 1996 or in case of non-registration; the contractor should obtain
registration within one month of the award of contract.
c. The contractor shall be responsible to comply with all provisions of the Building and Other Construction
Workers‟ (RE&CS) Act, 1996, the Building and other Construction Workers‟ Welfare Cess Act, 1996, the
Building and other Construction Workers‟ (RE&CS) Rules, 1998 and the Building and other Construction
Workers Welfare Cess Rules, 1998.
d. Cess, as per the prevailing rate (presently 1%), shall be deducted at source from bills of the contactors
by the Engineer-in-Charge and remitted to the “Secretary, Building and other Construction Workers
Welfare Board” of the concerned State.
e. The contactor shall be responsible to submit final assessment return of the Cess amount to the
assessing officer after adjusting the Cess deducted at source.
BPCL
_______________________
_______________________
_______________________
VENDOR
_______________________
_______________________
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_______________________
Please sign & return all the pages of GPC as a token of your acceptance of all the terms & conditions as
mentioned.
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
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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.
(iii) 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 or dissolution 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
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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:
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ANNEXURE-VII
(On Non-Judicial Stamp Paper as prescribed in the respective State)
DRAFT COPY OF AGREEMENT

(Joint EOI Cycle No. dated ) for Ethanol Procurement
during to )
Articles of agreement made at _______________ this

_________________________ day of _____________two thousand
_______________between the ………………………….., a Company
incorporated Under the Indian Companies Act 1956, being an
undertaking of the Govt. of India and having its Registered Office
at……………………………………………………………., hereinafter referred
to as “Purchaser” of the One part and
M/s.______________________________________ sole Trader/s
Partnership Firm / Private / Public Ltd. Co registered under the Indian
Partnership Act of 1932 / Companies Act I, 1956 and having its office
at
______________________________________________________
______________________________________________________
______________________________________________
hereinafter called “Supplier” which expression shall be deemed to
include the supplier’s successors (approved by the Corporation)
representative, heirs, executors and administrators on the other part.
WHEREAS the Purchaser is desirous of obtaining certain Materials, i.e.

Indigenous Denatured Anhydrous Ethanol as per IS 15464:2004,
specified in the attached Schedule and / or Supply Orders and/ or
EOI/ EOI and WHEREAS the suppliers have agreed with the Purchaser
for the supply of the said material specified in the said schedule upon
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certain terms and conditions hereinafter provided and WHEREAS the

parties are desirous of reducing to writing the terms and conditions
of the contracts on which the suppliers have agreed with the
Purchaser for the supply of the said Materials. NOW IT IS HEREBY
AGREED by and between the parties hereto as under:
DEFINITIONS:
The following expressions used in these terms and conditions and in the
purchase order shall have the meaning indicated against each of these:
OWNER/PURCHASER: Owner/Purchaser means (name of the Oil company &

address, a Government of India enterprise), a Company incorporated in India
having its registered office at _____________
______________________and shall include its successors and assigns
(hereafter called (NAME OF THE OIL COMPANY) as a short form).
1.2. VENDOR/SUPPLIER: Vendor/supplier means the person, firm or the

Company / Corporation to whom this purchase order (PO) is issued and shall
include its successors and assigns.
1.3. INSPECTOR: Person/agency deputed by (NAME OF THE OIL COMPANY)

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.
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1.5. SITE/LOCATION: means any Site where (name of the Oil Company)
desires to receive materials anywhere in India as mentioned in PO
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) 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.
FIRM PROCUREMENT means the agreement between the parties for mutually
agreed terms and conditions with commitment of Quantity Ordered.
Delivered rate mentioned in the purchase order shall be inclusive of

transportation cost and all the applicable duties, taxes, levies ( including but
not limited to Octroi Entry tax/ LBT/, Export Fee & Import Fee), apart from
basic material cost. The supplier will not be paid anything extra unless it is
specified. However purchase tax in lieu of GST wherever applicable will be
paid in Rs per KL, as quoted.
The agreement shall be valid for a maximum period of 5 years from 1.12.2020
to 30.11.2025. The rates and quantities as per PO shall be valid for a firm
quantity allocated for a specific Ethanol Supply Year/Part of the Ethanol Supply
Year.
REFERENCE FOR DOCUMENTATION:
The number and date of EOI must appear on all correspondence before
finalization of Rate Contract / Purchase Order.
After finalization of Contract / Purchase Order: The number and date of Rate
Contract /Purchase Order must appear on all correspondence, drawings,
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invoices, dispatch advices,(including shipping documents if applicable)

packing list and on any documents or papers connected with this order.
RIGHT OF OWNER TO ACCEPT OR REJECT EOI: The right to accept the EOI
will rest with the Owner.
PRICE: Any increase/decrease in excise duty, GST on the date of

delivery during the scheduled delivery period on finished materials will be on
OMC’s account. Any upward variation in statutory levies after contractual
delivery date shall be to vendor’s account.
The distance may be considered as per Route advised by Excise Dept. In case
Excise Route does not mention distance but only landmarks, shortest
motorable distance between landmarks may be considered. In other cases,
shortest motorable distance would be considered.
TAXES AND DUTIES:
All vendors shall have GST/Service tax registration in the concerned State and
vendor shall quote their GSTN on the Invoice as applicable. Vendor shall
submit the TAX invoice to OMCs.
SERVICE TAX:
All vendors shall have service tax registration wherever applicable. (Name of
the oil company) 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
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c) Description, classification and value of taxable service provided

d) Service Tax Payable
IMPORT FEE/ ENTRY TAX/ LBT :
The Import fee/ Entry Tax & or LBT consideration amount wherever applicable
has been included in the delivered rate or the PO rate. However, the actual
Import fees/ Entry Tax/ LBT, if paid by the OMCs, will be deducted from the
payments due to the vendor.
PAYMENT TERMS:
Delivered rate per KL mentioned in the purchase order shall be

inclusive of all applicable duties/taxes/levies/transportation costs
etc.
100% payment shall be made within 21 days from date of receipt and
acceptance of materials at our sites & submission of following documents in
triplicate
Payments for Ethanol Receipts will be made on submission of Original Tax

Invoice as applicable.
DOCUMENTS TO BE ACCOMPANIED ALONG WITH ETHANOL TANK TRUCK:
Department of Food & Public Distribution (DFPD) would provide a mechanism

of certification to differentiate Ethanol produced from B Heavy molasses and
Sugarcane juice / Sugar/ Sugar syrup route. OMCs shall pay the rate fixed for
ethanol derived from B Heavy molasses and Sugarcane juice / Sugar/ Sugar
syrup route only if the Tank Truck delivering Ethanol from B Heavy molasses
and Sugarcane juice / Sugar/ Sugar syrup route is carrying the Certificate/
Document as per prescribed mechanism.
In case of Ethanol manufactured from Damaged food grain, the mechanism for
payment of Ethanol will be Every TT delivering Ethanol from Damaged Food
Grain must carry the Certificate/ Document issued by Excise Authority with
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unique serial number certifying the feed stock used for production i.e Damaged
food grain not fit for human consumption of such Ethanol and the invoice
should have endorsement from Excise officials with the serial number of the
certificate as mentioned above which will be attached along with the
consignment.
PRICE REDUCTION CLAUSE:
The Supply or Pay clause shall be applicable as the Price Reduction clause.
The Location/shall place monthly indents/schedule for supply of ethanol by

the suppliers for the entire Contract Period and will be given along with the
Purchase order.
The Supplier shall strictly adhere to the Supply Schedule and shall achieve
supply performance of min. 85% of monthly indents and min. 95% of indents
on quarterly basis. If Vendor does not achieve min. 85% on monthly basis and
95% on quarterly basis, the Price Reduction Clause will apply.
If the supply falls below 85% during any month and also 95% during a
quarter, an amount equivalent to 1% of the basic cost shall be payable by the
supplier for the undelivered quantity ( 85% of the monthly indented quantity
less supplied quantity on month to month basis and/or 95% of quarterly
indented quantity less supplied quantity, whichever is higher) and these shall
be deducted from the payment due to the vendors or by encashing security
deposit.
Offer for higher quantity for next month
In case, any Supplier wishes to offer higher quantity for next month
as compared to pro-rata monthly indent he needs to submit written
Offer to concerned OMC Location with one month advance notice, in case
the OMC Location is in a position to receive such higher quantity, the
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OMC Location will give written Revised Indent to the Supplier for next
month. It may be noted that the higher monthly quantity offered is
out of PO quantity only.
In case of multiple Vendors offering higher quantity, the additional

quantity will be distributed in proportion of original indent and The
“Supply or Pay” Clause will be applicable as above.
The prorata monthly indents as given along with PO will, however, be

effective for forthcoming months till contracted quantity is exhausted.
This option can be exercised multiple times subject to mutual agreement.

quarterly PO quantity/Prorata PO quantity and if OMC is able to receive the
quantity at the same location or any other location, monthly Penalty shall not
be applicable to the Supplier.
Additionally if the supplier is able to supply 100% of the quantity as per PO

for the entire ESY including the quantity lapsed during the earlier quarters of
the ESY by the end of the particular ESY keeping the overall lapse due to TT
capacity below 12 KL and if the OMC is able to receive the quantity at the
same location or any other location, then Penalty shall not be applicable to
the Supplier .
OMCs decision in the above cases shall be final.
TRANSIT INSURANCE:
The transit insurance for Ethanol being delivered at OMC location will be in the
scope of the supplier. The rates quoted by the bidder should be inclusive of
insurance charges and applicable taxes/duties/service tax etc.
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DELIVERED SUPPLY:
The Supplier will effect delivered supply thru sealed calibrated tank-
trucks (calibrated by statutory agencies and also complying to all statutory
regulations) to Owner’s (ie Oil Company’s) designated location(s) as per
Owner’s delivery schedule and ensure desired quantity and quality at
the time of delivery. The Supplier will ensure that no malpractice with respect
to Ethanol being carried takes place en-route.
The custody of material will transfer from Supplier to Owner at Owner’s

Delivery Location (subject to quantity & quality checks). The rules and
procedures of OMC locations will be binding for Tank-Truck and Tank-
Truck Crew sent by the Supplier.
The Owner/ Owner’s representative will check sample from each

compartment of the Tank-truck to ensure that same meets desired
specification and thereafter take decision regarding acceptance/ rejection
of the Truck Load. The decision of the Owner regarding acceptance/
rejection on quality ground will be binding on the Supplier.
The Owner/ Owner’s representative will take dips of Tank-Trucks on

receipt and perform other quantity checks (before & after decanting).
In case of any observed shortages/ malpractices, take any of following
actions and Supplier will not have objection for the same :
(i) Return the Truck Load, if major shortages are observed

(ii) Book the shortages as observed and deduct the amount from pending
bills of the Supplier
If repeated/ major shortages are observed in Truck loads, Owners will

have the right to advise Supplier not to send any particular Truck,
Transporter and/or Truck Crew and Supplier will have to abide by the
same.
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INTEGRITY PACT (IP):
Vendors are requested to sign & return our pre-signed IP document. This
document is essential & binding.
SECURITY DEPOSIT/ BANK GUARANTEE:
The successful vendor, who within 15 days of placement of LOI shall deposit
a Bank Guarantee or Demand draft for an amount equivalent to 1% of the LOI
value.
Bank Guarantee (BG) will be provided for 1 % of the Basic value 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. As per RBI guidelines, Structured
Financial Messaging System (SFMS) has been adopted by most of the Banks
for online BG confirmations. OMC shall be incorporating the same system for
BG verification & confirmations.
Bank Guarantee shall be given on a non-judicial stamp paper of appropriate
value (currently Rs 100). BG format is attached.
The vendor may also opt for retention of an amount equivalent to 1% of basic
value of contract from his initial invoices as security deposit in lieu of Bank
Guarantee. This amount shall be released after completion of supplies as per
terms and conditions of the contract and reconciliation of PO v/s supplies and
deduction of PRC amount if any.
In case of completion of quantity before Contract Period, the BG

submitted toward Security Deposit may be returned to the Supplier
after completion of the quantity; subject to issuance of No Dues
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Certificate by the OMC Location after carrying out joint reconciliation with
the vendor concerned.
12. a. DELIVERY PERIOD:
Timely delivery as per the monthly delivery schedule given along with the PO
is essence of the contract. The delivery should commence within 30 days from
the date of LOI.
The location/RO/ZO/SO shall place monthly indents/schedule for supply of

ethanol by the suppliers for the entire Contract Period and will be given along
with the Purchase order.
The supplier will make supplies as per the indents/schedule placed by the
purchaser. The supplier shall strictly adhere to the supply schedule and
achieve supply performance of a minimum 85% of the quantity on per month
basis and 95% on per quarter basis.
12. b. DELIVERY LOCATION :
Supplier will normally be executing deliveries at Owner’s designated

locations as finalized during the EOI.
After finalization of EOI, there may be exceptional situations like closing or

downsizing of Petrol operations at any of OMC locations due to major projects
/ safety etc. in which case the concerned OMC, with minimum 15 days Notice
may offer the Bidder alternate location(s) where the (balance) quantity can
be shifted at new Location Rate as per distance norm; under such
circumstances, the Bidder may either agree to supply balance / part of balance
quantity at new Location at New Location Rate or forego supply of balance
quantity.
FORCE MAJEURE CLAUSE:
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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 vendors
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:
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; epidemic, plague or quarantine; air crash,
shipwreck, or train wreck; 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;
Notice and Reporting:
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
seven (7) days after such commencement date, notify the (NAME OF THE OIL
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PERIOD FROM 01.11.2020 TO 30.11.2021
COMPANY) in writing of such event of Force Majeure and provide the following
information:
reasonably full particulars of the event or circumstance of Force Majeure and

the extent to which any obligation will be prevented or delayed; 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 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.
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.
Mitigation Responsibility:
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. The Vendor shall notify (NAME OF THE OIL COMPANY) when
the Force Majeure has terminated or abated to an extent which permits
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PERIOD FROM 01.11.2020 TO 30.11.2021
resumption of performance to occur and shall resume performance as

expeditiously as possible after such termination or abatement.
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.
Force Majeure Events Exceeding 60 Days
(i) If an event or series of events (alone or in combination) of Force Majeure

occur, and
continue for a period in excess of 60 consecutive days, then (NAME OF THE
OIL COMPANY) shall have the right to terminate this agreement, whereupon
the Parties shall meet to mitigate the impediments caused by the Force
Majeure event.
Special instruction for Force Majeure clause : Vendor should submit

details (as per following table) within one month of completion of force
majeure event. The information is to be submitted to all affected OMCs.
Supporting documents to be given from relevant authorities of central Govt./
State Govt./ State undertaking etc.
If required, OMCs may seek additional information / Documentary evidence
from Vendors in support of the Force Majeure Event. OMCs reserve the reight
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to appoint an internal committee / Independent third party surveyor/ assessor

to verify / validate the claim preferred by the supplier.
Reasons which are not attributed to act of god will not be considered under
this clause like closure of the plant after inspection by authority , delays in
obtaining permissions etc. Also the prorated monthly quantity will only be
considered for any waiver for the period under Force Majeure clause.
Based on the submissions made by the vendor and based on the findings,
OMCs will decide whether the waiver proposal is acceptable and if so, to what
extent. In case of any dispute related to PRC waiver, State level OMC
committee will study based on the representation received from suppliers,
verify facts & submit detailed report to HQO/HO OMC committee to resolve
the matter.
S.
Particulars
No
1 Name of Bidder
2 Plant Location (district, town & state)
Type of Force Majeure (Fire/ Drought/ Flood/ Earthquake etc) as
3
defined in OMC agreement alongwith description
4 Date of start of Force Majeure
5 Date of end of Force Majeure
Effect of Force Majeure on Ethanol production/ supply (in Volumes &
6
Percentage)
7 Efforts made to mitigate/ overcome Force Majeure
Locationwise Quantity which was to be supplied during Force Majeure
9
period to IOC, BPC, HPC
Locationwise Quantity which could not be supplied during Force
10
Majeure situation to IOC, BPC, HPC
Whether production of other products also was affected due to Force
11
Majeure and if so details thereof
Details of Supporting documents (attached) regarding lower production
of Ethanol and other products dueing Force Majeure period eg
12
production records, electricity bills, water bills etc. in comparison with
comparable earlier period
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PERIOD FROM 01.11.2020 TO 30.11.2021
Details of Documents certified by relevant Competent Authority in

13
support of Force Majeure Event
14 Recovery Applicable based on OMC EOI condition
15 Recovery Waiver Sought by Supplier under Force Majeure Clause
16 Net Applicable Recovery applicable as per Supplier
17 Additional Info if any
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 vendors workmen
or employees shall under no circumstances be deemed to be in owners
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 owners premises or elsewhere and agrees to indemnify the
owner against any such claims, if made against the owner and all costs of
proceedings, suit or actions which owner may incur or sustain in respect of
the
same.
Following Standard Operating Procedure for waiver of Penalty shall be followed

by OMCs
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PERIOD FROM 01.11.2020 TO 30.11.2021
Documents to be
Action on Penalty
S. No. Reason for Not supplying submitted by the
Waiver
Supplier / Vendor
State Governments not issuing
guidelines for certification of
ethanol manufactured from Notification by the
100% Sugar Cane Juice and B State Govt. which is
1 Full Waiver(100%)
Heavy Molasses or any other issued after the Sugar
category introduced by Govt./ Crushing Season
OMCs during the entire EOI
period
Delay in issuing guidelines for
certification of Ethanol made 1. No penalty to be levied
from 100% Sugar Cane Juice for the prorate quantity
Notification from State
and B Heavy Molasses. from the date of PO till 30
Government giving
2 days of issuing
guidelines for
If PO is issued before State guidelines for
certification
Governments issuing certification by State
guidelines for certification Governments
Delay in issuing guidelines for

Penalty not to be levied
certification of Ethanol made
from 1.
from 100% Sugar Cane Juice Guidelines
Issuance of guidelines +
3 and B Heavy Molasses - If PO is /notifications issuance
30 days or 2.
issued after the Governments date
PO date + 30 days
issuing guidelines for
whichever is later
certification
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PERIOD FROM 01.11.2020 TO 30.11.2021
Applications submitted
/ acknowledged by
State Government
Authorities/ Denial of
permission by State
Government
Authorities/Letter from
Local state excise or
local distillery officer
confirming on non-
issuance of permission
to specific distillery to
manufacture ethanol
from 100% SCJ/B-
Heavy/DFG. Vendor
needs to submit the
final consent date for
No Penalty to be levied manufacturing of
State Governments not issuing No penalty to be levied all ethanol from 100%
permission (state excise) to those cases where State SCJ/B-Heavy/DFG
4 manufacture Ethanol from Government has not given by the excise
100% SCJ, B-Heavy and DFG issued permits for authorities or
even after applying transfer of molasses for Notarized Affidavit
manufacture of Ethanol confirming the period
(from which date to
which date permission
not granted). Suppliers
can be given 30 days
from the date of
permission however if
vendor has not
supplied even after
giving the permission,
any quantity, before
the sugar crushing
season, penalty to be
levied on the entire
quantity 2.Permission
refusal in writing from
the State Govt. for
transfer of molasses
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PERIOD FROM 01.11.2020 TO 30.11.2021
Existing Vendors -
Applied for Renewal
before 90 days (PESO)/
60 days (PCB) or any
state specific statutory
Application submission
renewal period,
Non-renewal of PESO/PCB copy to
5 application not rejected &
consent PESO/PCB/any other
have not received
statutory authority
approval. Penalty Waiver
shall be considered.
Cases other than above
shall not be considered
for waiver.
Closure of the unit by Statutory

6 Authorities due to non- Penalty to be levied
compliance
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PERIOD FROM 01.11.2020 TO 30.11.2021

for prorata quantity for a
period as specified in the
notification / in absence
of any period in the
notification 6 months
from date of drought I. Notification from
notification & the unit Local State Authorities
being in the affected area
declared in notification.
7 Drought
The periodicity for
existence of drought to
be considered based on
the state govt.
notifications/certifications
from the local distillery
excise officers whichever
is earlier. However the
total period of drought
not to exceed 6 months
II. Certification from

the concerned Unit
Excise distillery officer
stating non-period of
operation due to
drought
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PERIOD FROM 01.11.2020 TO 30.11.2021
III. Notarized affidavit

stating non period of
operation due to
drought

for prorata quantity for 90
days/periodicity based
on the certification from
the concerned distillery
excise authority
whichever is earlier (from
the date of issuance of
floods/heavy
rains/cyclone notification
by state authorities / I. Notarized affidavit
Notarized affidavit & the stating floods/heavy
8 Flood/Cyclone/Heavy rain unit being in the affected rain/cyclone as reason
area declared in for non-operation with
notification). the period
periodicity for existence
of flood is considered
based on the state govt.
notifications/certifications
from the local distillery
excise officers whichever
is earlier. However the
total period of
flood/Cyclone/Heavy rain
not to exceed 90 days
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PERIOD FROM 01.11.2020 TO 30.11.2021
II. Certification from

the concerned Unit
Excise distillery officer-
stating non-period of
operation due to
floods/heavy
rain/cyclone
III. Reports from local

authorities/Letter from
local authorities stating
floods/heavy
rain/cyclone during the
period of non-
operation.
Supplies affected due to
Penalty to be levied, Not
9 Maintenance and Breakdown
under PRC
issues in supplier's Plant
Unit physically
completed & applied for Applications submitted
statutory / acknowledged by
licenses/approvals, State Government
Application made to all Authorities and denial
the statutory authorities of permission by State
Statutory Permissions not given who are authorised to Government
10 to commission upcoming / New approve the Authorities. Notarized
Distilleries to start Production commissioning of affidavit by the
distillery and applications Supplier stating non
not being rejected for receipt of approvals
non-compliance of any from particular
guidelines. Penalty authority for starting
waiver shall be ethanol production.
considered.
I.Valid PESO/PCB on
the date of accident
for prorata quantity from II. Copy of FIR
11 Accident/Explosion at the site the date of accident till
the production is
III. Notarized affidavit
restarted
on resumption of the
unit post-accident
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PERIOD FROM 01.11.2020 TO 30.11.2021
IV. Certification from

the local distillery
excise officer on the
date of resumption
post-accident
Non availability of raw material

like molasses and damaged
food grains to the vendor on
12 account of disruption of his Penalty to be levied Not applicable
supply chain from his sourcing
points due to any reason
including drought / flood.
Court Order advising OMCs not
13 to levy penalty till matter is No Penalty to be levied Copy of Court Order
disposed off
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.
ARBITRATION CLAUSE:
Any dispute or difference arising under or in connection with this contract shall
be referred to a Sole Arbitrator as per the provisions of the Indian Arbitration
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PERIOD FROM 01.11.2020 TO 30.11.2021
and Conciliation Act 1996 as amended vide Arbitration & Conciliation

(Amendment) Ordinance 2015 dated 23.10.2015
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.
The language of the proceedings will be in English and the place of proceedings
will be at the State Capital of the Purchaser’s location where Ethanol under
current Agreement was being received
The parties hereby agree that the Courts in the city of ……..(Place from where
PO is issued) 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.
RECOVERY OF SUMS DUE:
Whenever, any claim against vendor for payment of a sum of money arises
out of earlier contracts and/or under the current 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 (NAME OF THE OIL COMPANY) on
demand the balance remaining due. All outstanding payments w.r.t. past EOIs
will be recovered from vendors running bills/BG if not settled by the vendor;
unless the matter is sub-judice.
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PERIOD FROM 01.11.2020 TO 30.11.2021
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.
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 (NAME OF THE OIL COMPANY) act as waiver of the
terms hereof. Any waiver to be effective must be in writing. Any lone incident
of waiver of the any condition of this agreement by (NAME OF THE OIL
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PERIOD FROM 01.11.2020 TO 30.11.2021
COMPANY) shall not be considered as a continuous waiver or waicer for other

condition by (NAME OF THE OIL COMPANY).
CANCELLATION:
(NAME OF THE OIL COMPANY) reserves the right to cancel the

contract/purchase order or any part thereof through a written notice to the
vendor if.
The vendor fails to comply with the terms of this purchase order/contract.
The vendor becomes bankrupt or goes into liquidation.
The vendor fails to deliver the goods on time and/or replace the rejected goods
promptly.
The vendor makes a general assignment for the benefit of creditors.
A receiver is appointed for any of the property owned by the vendor.
Upon receipt of the said cancellation notice, the vendor shall discontinue all
work on the purchase order matters connected with it. (NAME OF THE OIL
OMPANY) in that event will be entitled to procure the requirement in the open
market and recover excess payment over the vendors 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 (NAME OF THE OIL COMPANY) for the
ultimate purpose of materials production and that non-delivery may cause
loss of production and consequently loss of profit to the (NAME OF THE OIL
COMPANY). In this event of (NAME OF THE OIL COMPANY) 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
(NAME OF THE OIL COMPANY), fair compensation to be agreed upon between
(NAME OF THE OIL COMPANY) and the vendor. The provision of this clause
shall not prejudice the right of (NAME OF THE OIL COMPANY) from invoking
the provisions of Price Reduction Clause
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PERIOD FROM 01.11.2020 TO 30.11.2021
Supplier shall be entirely responsible for the execution of the contract

in all respects in accordance with the terms and conditions as specified in the
document.
Timely supplies are the essence of the contract. Applications for necessary
NOCs/Permits/Import/Export permits etc will be made available by the OMCs.
It will be the responsibility of the vendors to arrange for all the
approvals/clearances/permits for supply of ethanol to the OMC locations as
per the Clause 12 ‘delivery period” of this agreement.
ILLEGAL GRATIFICATIONS:
Any bribe, commission, gift or advantage given, promised or offered by the

Supplier or by any body on his behalf, to the Purchaser or any person on his
behalf either friend or relative, in relation to obtaining or execution of this
particular or any other contract/(s) with Purchaser for showing favour or
disfavour to any person in relation to this particular or any other contract/s as
aforesaid shall subject the Supplier to the cancellation of the particular and /
or any other all contracts entered into with them by the Purchaser and also to
payment of any loss or damage resulting from any such cancellation to the
like extent provided in the Agreement.
Any dispute or difference of opinion arising in respect of either the

interpretation effect or application of this particular condition of the contract
or of the amount recoverable hereunder from the Supplier shall be decided by
the Director (Marketing) of the IOC / BPC / HPC and his decision shall be final
and conclusive.
LAW GOVERNING THE CONTRACT:
This contract shall be governed by the Laws of India from time to time in force.
JURISDICTION:
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PERIOD FROM 01.11.2020 TO 30.11.2021
The Courts in ……..(Place from where PO is issued) alone shall have the
jurisdiction to entertain any application or other proceedings in respect of any
disputes arising under this Agreement and any award made by sole arbitrator
shall be filed in the concerned courts in the aforesaid city alone.
AGREEMENT:
This agreement is subject to the terms and conditions of contract in so far as

the same is not inconsistent with or repugnant to the above clauses. A copy
of the Special terms and conditions & General Purchase conditions (GPC) and
Amendments to these would be deemed to have been studied and agreed to
by the Supplier before their signing this agreement.
This agreement is subject to the terms and conditions stipulated in our

schedule and or following purchase order / LOI and subsequent amendments,
if any, issued from time to time.
NOTE: The Clauses mentioned in the EOI & agreement are to read in
cognizance & in totality. Similar clause mentioned in the agreement shall be
superseded by clause mentioned in the EOI.
Purchase Date Location Quantity

Order/LOI No. in KL
Signed and witnessed at ______________ on _______________.
SIGNATURE OF (SUPPLIER) SIGNATURE OF PURCHASER

(OIL COMPANY)
WITNESS 1. WITNESS 1.
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PERIOD FROM 01.11.2020 TO 30.11.2021
2. 2.
Signature_____________________
Name of Person signing_____________________________
Vendor’s Name and address with seal___________________

Place:
Date:
Page 145 of 145

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EOI No.

1000355961(CYCLE 2),dated 11th NOV 2020, System ID

EXPRESSION OF INTEREST (EOI) FOR REGISTERING (ENROLLING) BIDDERS FOR SUPPLY

INDIAN OIL CORPORATION LIMITED

Registering (Enrolling) bidders for supply of

EXPRESSION OF INTEREST (EOI) FOR REGISTERING (ENROLLING) BIDDERS FOR SUPPLY

(1st December 2020- 30th November2021)

NOTICE INVITING TENDER

1) INDIAN OIL CORPORATION LIMITED (IOCL), BHARAT PETROLEUM

2) Central Procurement Organization (Marketing), Bharat Petroleum Corporation

ITEM DETAIL IOC BPC HPC TOTAL

EXPRESSION OF INTEREST (EOI) FOR REGISTERING (ENROLLING) BIDDERS FOR SUPPLY

EXPRESSION OF INTEREST (EOI) FOR REGISTERING (ENROLLING) BIDDERS FOR SUPPLY

only for non-fuel purpose. Accordingly, Anhydrous Ethanol supplied to

Requirement 3: Bidders must possess a valid “Petroleum and

EXPRESSION OF INTEREST (EOI) FOR REGISTERING (ENROLLING) BIDDERS FOR SUPPLY

letter issued by PESO . Such valid document should be submitted by the

New bidders/Bidders who have not participated in EOI 1000355961,

For Technically qualified bidders of EOI No.1000355961 dated

Third party Inspection Agency (TPIA) verification and certification will be

EXPRESSION OF INTEREST (EOI) FOR REGISTERING (ENROLLING) BIDDERS FOR SUPPLY

Certification Bodies (NABCB) website as on the date of verification of

4) EARNEST MONEY DEPOSIT (EMD):

a. EMD amount can also be transferred through NEFT/RTGS to BPCL bank

Bank account details of BPCL are as follows:

b. in the form of Bank guarantee(BG) issued by any Nationalised

EXPRESSION OF INTEREST (EOI) FOR REGISTERING (ENROLLING) BIDDERS FOR SUPPLY

BG validity i.e. 30.11.2025. As per RBI guidelines, Structured Financial

Since the enrolment / registration would be for long term/ five

In case a bidder wishes to quote from multiple distilleries, then

EXPRESSION OF INTEREST (EOI) FOR REGISTERING (ENROLLING) BIDDERS FOR SUPPLY

each distillery. The EOI will also be needed to be submitted by bidder

EMD should be submitted in physical form if being submitted as BG or

BPCL will not be responsible for non-receipt of instrument(s) due to

5) EXEMPTION FROM EARNEST MONEY DEPOSIT: Micro and Small Enterprises

Bidders registered and submitting certificate of Medium enterprises shall not be

EXPRESSION OF INTEREST (EOI) FOR REGISTERING (ENROLLING) BIDDERS FOR SUPPLY

MSE documents (UAM/EM-II/ Udyam Registration) need to be certified by

CA Certificate with respect to MSE Document: All bidders quoting as MSE,

Incase the bidder’s MSE (Micro and Small Enterprises) status

EXPRESSION OF INTEREST (EOI) FOR REGISTERING (ENROLLING) BIDDERS FOR SUPPLY

period mentioned in the EOI.

6) GENERAL INSTRUCTIONS FOR SUBMITEING EXPRESSION OF INTEREST

7) INSTRUCTIONS FOR FILLING TECHNICAL CUM QUANTITY(SINGLE

 Submission of Distillery’s Address with Latitude &

EXPRESSION OF INTEREST (EOI) FOR REGISTERING (ENROLLING) BIDDERS FOR SUPPLY

for five years in OMC records for the purpose of calculation of

Illustration : Screen shot of Lat-Long of Mumbai International airport is as

 Filling Quantity Bid : Bidders to quote Ethanol quantities to

EXPRESSION OF INTEREST (EOI) FOR REGISTERING (ENROLLING) BIDDERS FOR SUPPLY

submission pre-requiste documents as mentioned above)

 Bidders to quote Ethanol quantities to be supplied by them

Quarter 1(Q1)- December 2020- February 2021

EXPRESSION OF INTEREST (EOI) FOR REGISTERING (ENROLLING) BIDDERS FOR SUPPLY

capacity of that distillery/Sugar Factory. I/We also confirm that

 Bidders need to enter the following in the quantity bid form

**Minimum quantity of 100 Kl has to be offered per location per

EXPRESSION OF INTEREST (EOI) FOR REGISTERING (ENROLLING) BIDDERS FOR SUPPLY

8) DISTANCE SLABS OF THE BIDDERS SHALL BE CALCULATED BY OMCS AS

a. Distance of distillery/Sugar factory/unit of existing successful