BPCL Seller Policy

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BPCL GENERAL PURCHASE CONDITIONS (GPC)

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General Purchase Conditions

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
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

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GENERAL PURCHASE CONDITIONS

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

1.1. OWNER: Owner means Bharat Petroleum Corporation Limited (a Government of India enterprise), a
Company incorporated in India having its registered office at Bharat Bhavan, 4 & 6 Currimbhoy Road, Ballard Estate,
Mumbai 400038 and shall include its successors and assigns (hereafter called BPCL as a short form).

1.2. VENDOR: Vendor means the person, firm or the Company/ Corporation to whom this Request for quotation
(RFQ)/purchase order is issued and shall include its successors and assigns.

1.3. INSPECTOR: Person/ agency deputed by BPCL for carrying out inspection, checking/testing of items ordered and for
certifying the items conforming to the purchase order specifications..

1.4. GOODS/ MATERIALS: means any of the articles, materials, machinery, equipments, supplies, drawing, data and other
property and all services including but not limited to design, delivery, installation, inspection, testing and
commissioning specified or required to complete the order.

1.5. SITE/ LOCATION: means any Site where BHARAT PETROLEUM CORPORATION LIMITED desires to receive
materials anywhere 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 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

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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 bythe 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 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 creditwithin 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.”

6.1.4 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. Deferment of GST Amounts shall be done for those vendors who have got
instances of open mismatches due to non-compliance. Open mismatches refer to cases whereby OWNER could
not claim the GST Input Tax Credit in the month of payment of invoice due to non-compliance/ delayed compliance
by the VENDOR. Accordingly, Over and above any payment term mentioned in the tender including that mentioned
in the GPC/GCC, payment to VENDOR by OWNER for the basic amount (i.e. amount excluding GST) shall be made
as mentioned in GPC/GCC or as mentioned anywhere else in the tender as
applicable. However, GST amount of the Invoices shall be paid only after the amount gets reflected in the return
(GSTR-1 Return of outward supplies/GSTR- 3B) submitted by the vendor on GSTIN portal (GSTR 2B of OWNER) to
the satisfaction of OWNER. Till such time GST amount with correct details is reflected in GSTIN portal to
satisfaction of OWNER, amount shall be withheld by OWNER.

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Over and above, VENDOR is also required to issue e-invoice if the same is applicable to the OWNER. In absence
of GST e-invoice, any loss of Input Tax Credit to the OWNER shall be indemnified by the VENDOR. Deferment of
GST amounts to the vendors are subject to compliance of any applicable Act.
6.1.5 In case of vendors for whom deferment of GST amounts were not done, Any loss or non-availability of input tax
credit by the OWNER due to noncompliance 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 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.

6.1.6 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 inclusive in quoted rates or in form of % of basic quoted rates. 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 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.

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Please find details of the TPI details for BPCL(BR)

Vartika Garg– vartika.garg@intertek.com


Contact details are as below.
Vartika Garg
Mobile +91 9310894204
Lalan Kumar
919560623307

7.3. Unless otherwise specified, the inspection shall be carried out as per the relevant standards/ scope of inspection
provided along with the Tender Enquiry/Purchase Order.

7.4. BPCL may, at its own expense, have its representative(s) witness any test or inspection. In order to enable BPCL's
representative(s) to witness the tests/ inspections, BPCL will advise the Vendor in advance whether it intends to have its
representative(s) be present at any of the inspections.

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

7.6. Although material approved by the Inspector(s), if on testing and inspection after receipt of the Material(s) at the location,
any Material(s) are found not to be in strict conformity with the contractual requirements or specifications, BPCL shall
have the right to reject the same and hold the Vendor liable for non- performance of the Contract.

8. SHIPPING:

8.1 SEA SHIPMENT: All shipment of materials shall be made by first class direct vessels 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 favor 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 authorized representatives.
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In the case of FOB orders, shipping arrangements shall be made by the Chartering Wing of the Ministry of Surface
Transport, New Delhi through their respective forwarding agents. The names and addresses of forwarding agents
shall be as per Special Purchase Conditions. Supplier shall furnish to the respective agents the full details of consignments
such as outside dimension, weights (both gross and net) No of packages, technical description and drawings, name of
supplier, ports of loading, etc. 6-weeks’ notice shall be given by the supplier to enable the concerned agency to arrange
shipping space.
The bill of lading shall indicate the following: Shipper:
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
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.

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12. PAYMENT TERMS:
12.1. Unless otherwise specified, 100% payment shall be made on 30th days from date of receipt and acceptance of
materials at Site against submission of Performance Bank Guarantee (PBG) / Security Deposit (SD) for 10% of basic order
value if PBG / SD 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
dispatches will be made by the originator of Purchase Order :
a) Invoice
b) GST invoice
) The Lorry Receipt of the consignment
d) Packing list for the consignment
e) Third Party Inspector's Certificate covering the invoiced Material(s)/ Release Note, wherever applicable
f) Manufacturers Test/Composition Certificate, wherever applicable
g) Drawing(s)/Catalogue(s) covering the Material(s), wherever applicable
h) Guarantee/Warranty Certificate(s), wherever applicable.
i) Original Receipt for 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 3% of the total basic value of purchase order unless
otherwise specified. This bank guarantee shall be valid (shall remain in force) for guarantee period (as mentioned in the
guarantee clause), with an invocation period of six months thereafter. In the case of Indigenous vendors, the
Performance Bank Guarantee shall be given on a non-judicial stamp paper of appropriate value (currently Rs 100).
PBG format is as per Annexure-I.
In case, PBG is not provided by the Vendor, 3% of the total 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.
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(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:
Vendor shall insist their bank for issuance of SFMS Bank Guarantee for faster payments. Vendor 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 favour 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. Vendor
should ensure the following for issue of e-bank guarantee.
a. The issuing bank is on SFMS platform.
b. SFMS Message type used is 760 COV and SFMS Delivery report /Message copy
is sent along with original BG.
c. For BG amendment, message type 767COV is to be used.
d. SFMS contains following details:
i. Beneficiary's bank name: ICICI Bank
ii. IFSC Code: ICIC0000393
iii. BPCL's Customer ID: BPCL583493800
e. BG Issuing bank should send the BG issuance advice through SFMS to BPCL's designated banker: ICICI Bank,
Backbay Branch, Mumbai (IFSC: ICIC0000393)
f. BG Issuance advice should mention applicable Unique Identifier Code (UIC) in row/ field number 7037of SFMS
Delivery Report. a. BPCL Location: Kharghar, Navi
Mumbai b. Head Office: Ballard Estate c. UIC: BPCL583493800
g. The original BG should be submitted along with print out of SFMS Delivery report from the BG Issuing Bank Branch.
h. SFMS BG will help in faster verification of BGs and prompt release of payment to vendors.

15. PACKING & MARKING:

15.1 PACKING:

15.1.1 Packing shall withstand the hazards normally encountered with the means of transport for the goods of this purchase
order including loading and unloading operation both by crane and by pushing off.

In the case of imports, all equipment’s/ 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.

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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, 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.

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

15.1.15 Pipes with threaded or flanged ends shall be protected with suitable caps covers, before packing. In the case of
imports, all pipes and sheets shall be marked with strips bearing progressive no.

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

15.1.17 The supplier shall be held liable for all damages or breakages to the goods due to the defective or insufficient
packing as well as for corrosion due to insufficient protection.

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)

Order No.: Rev. No.:


Item :
Equipment Nomenclature :
Net weight : Kgs.
Gross weight : Kgs.
Page 11 of 36
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 colored, 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 equipment’s 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 dispatched without prior inspection and/or testing and Release
Order/Material(s) Acceptance Certificate issued by the Inspector(s).

16.5. BPCL shall have the right to advise any change in dispatch 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/e- mail/courier
to enable BPCL to take necessary action for the transit insurance of the consignment. Any failure by the Vendor to
Page 12 of 36
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 120 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 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.0.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.

Page 13 of 36
22. FORCE MAJEURE

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) lonising 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. 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

Page 14 of 36
(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.

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 ensurethat 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
Page 15 of 36
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 ortheir 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 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 theinward 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.

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:


Page 16 of 36
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:

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 anti-
competitive practices and aims at fostering competition and at protecting Indian markets against anti- competitive
practices by enterprises. The Act prohibits anti- competitive agreements, abuse of dominant position by
enterprises, and regulates combinations (consisting of acquisition, acquiring of
control and M&A) wherever such agreements, abuse or combination causes, or is likely to cause, appreciable
adverse effect on competition in markets in India. BPCL reserves the right to ap proach the Competition Commission
established under the Act of Parliament and file information relating to anti- competitive agreements and abuse of
dominant position. If such a situation arises, then Vendors are bound by the decision of the Competitive Commission
and also subject to penalty and other provisions of the Competition Act.

Page 17 of 36
37. ASSIGNMENT:
The Vendor does not have any right to assign his rights and obligations under these general purchase 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://bharatpetroIeum.in/pdf/hoIidayIistingpoIicyfinaI.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.

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. UILDING 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 &
Page 18 of 36
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

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

Page 19 of 36
PERFORMANCE BANK GUARANTEE

(On Non-judicial paper for appropriate value)

To,
Bharat Petroleum Corporation Limited

Dear Sir,
In consideration of the Bharat Petroleum Corporation Limited, (hereinafter called ‘the Company’ which expression shall include its
successors and assigns) having awarded to M/s. (Name) .......... (Constitution) ........................................................... (address)
.......... (hereinafter referred to as “The vendor” which expression shall wherever the subject or context so permits include its
successors and assigns) a supply contract in terms interalia, of the Company's Purchase order No........
dated and the General and Special Purchase Conditions of the Company and upon the condition of vendor's furnishing
security for the performance of the vendor's obligations and/or discharge of the vendor's liability under and / or in connection
with the said supply contract upto a sum of Rs. (in figures)..............Rs (in words)
......................................only amounting to 10% (ten percent) of the total contract value.

We, (Name)..............(constitution) ...............(hereinafter called “the Bank” which expression shall include its successors and
assigns) hereby jointly and severally undertake and guarantee to pay to the Company in (Currency) forthwith on demand
in writing and without protest or demur of any and all moneys any wise payable by the Vendor to the Company under in respect
of or in connection with the said supply contract inclusive of all the Company's losses and expenses and other moneys anywise
payable in respect to the above as specified in any notice of demand made by the Company to the Bank with reference to this
Guarantee upto an aggregate limit of Rs(in figures)............Rs(in words) only.

AND the Bank hereby agrees with the Company that

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

This date shall be 6 months from the last date of guarantee period.

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

(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

Page 20 of 36
(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 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:

Page 21 of 36
UNDERTAKING FOR LAND BORDER CLAUSE

Undertaking with respect to Compliance of Restrictions for Countries which shares land border with
India – as stipulated by Gov. of India

(On Company Letter Head, to be signed bv the duly authorized Person)

Date:

TENDER NO.

TITLE OF TENDER

To,

Bharat Petroleum Corporation Ltd Dear

Sir/Madam,

In line with the guidelines issued for compliance of Restrictions for Countries which share land border
with India — as issued by Govt. of India in JuIy’2020

I/We have read the clause regarding restrictions on procurements from a bidder of a country which
shares a land border with India and on sub-contracting to contractors from such countries.

a. I/We certify that this bidder is not from such a country or if from such a country has been registered
with the competent authority I hereby certify that this bidder fulfills all requirements in this regard and is
eligible to be considered*.

b. I/We certify that this bidder is not from such a country or if from such a country has been registered
with the competent authority and will not sub-contract any work to a contractor from such countries unless
such contractor is registered with the competent authority. I hereby certify that this bidder fulfills all
requirements in this regard and is eligible to be considered*. (Applicable for works involving possibility of
sub-contracting).

I/We hereby certify that I/We fulfill all requirements in this regard and am/are eligible to be considered.

[*Where applicable, evidence of a valid registration by the Competent Authority shall be


attached]

Name and Signature of the Authorized Signatory

Page 22 of 36
DECLARATION REGARDING HOLIDAY LISTING
PROFORMA OF DECLARATION OF HOLIDAY LISTING

In the case of a Proprietary Concern:

I hereby declare that neither I in the name of my Proprietary concern M/s. which is
submitting the accompanying Bid / Tender nor any other concern in which I am a proprietor nor in any partnership firm in
which I am involved as a Managing Partner have been placed on holiday list declared by Bharat Petroleum Corporation
Limited/MOP&NG/any other Oil PSEs, except as indicated below:

(Here give particulars of holiday listing and in absence thereof state “NIL” below).

In the case of a Partnership Firm

We hereby declare that neither we, M/s. submitting the accompanying Bid / Tender nor
any partner involved in the management of the said firm either in his individual capacity or as proprietor of any firm or
concern have or has been placed on holiday list declared by Bharat Petroleum Corporation Limited/MOP&NG/any other Oil
PSEs, except as indicated below:

(Here give particulars of holiday listing and in absence thereof state “NIL” below).

In the case of Company

We hereby declared that we have not been placed on any holiday list declared by Bharat Petroleum Corporation
Limited/MOP&NG/any other Oil PSEs, except as indicated below:

(Here give particulars of holiday listing and in absence thereof state “NIL” below).

It is understood that if this declaration is found to be false in any particular, Bharat Petroleum Corporation Limited shall have the
right to reject my / our bid, and, if the bid has resulted in a contract, the contract is liable to be terminated.

Place:______________ Signature of the Bidder_________________

Date:_______________ Name of the Signatory______________________

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FORMAT FOR DECLARATION OF HOLIDAY LISTING ORDERS ISSUED BY BPCL OR MOPNG DEBARRING US FROM
CARRYING ON BUSINESS DEALING WITH BPCL/MOPNG

(On company letterhead, to be signed by the duly authorized person)

Date__________

Tender No.____________

Title of Tender………………………………………………………………………….

To
BHARAT PETROLEUM CORPORATION LTD

Dear Sir/Madam

I/We declare and confirm that we are currently not serving any holiday listing orders issued by BPCL or MOPNG
debarring us from carrying on business dealing with BPCL/MOPNG or convicted of an offence-

a. Under the Prevention of Corruption Act, 1988: or


b. The Indian Penal Code or any other law for the time being in force, for causing any loss of life or property or causing
a threat to public health as part of execution of a public procurement contract.

(Signature and Stamp of the bidder)

Bidder Name:

Date:

Address:

SPECIAL PURCHASE CONDITIONS (SPC)


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SPECIAL PURCHASE CONDITIONS FOR INDIAN BIDDERS

TO NOTE AND
1.0 Material is to be dispatched at FOR BPCL - BR site basis only
CONFIRM

Indicate Dispatch point TO SPECIFY


1.1
Confirm that the Prices shall be FIRM till complete TO NOTE AND
execution of the order and shall not be subject to variation CONFIRM
on any account.
1.2
Please confirm that the prices quoted in the price bid are
inclusive of packing and forwarding charges. TO CONFIRM

1.3 Prices quoted shall exclude transit insurance charges as the TO NOTE AND
same shall be arranged by BPCL. CONFIRM

1.4 Prices quoted shall be exclude of TPI charges TO NOTE AND


CONFIRM
1.3 TAXES & DUTIES
GST TYPE & GST %
If GST is presently not applicable, kindly give reasons/details
for non-application of GST.

Statutory variation in GST during contractual delivery TO NOTE,CONFIRM &


1.3.1
period shall be to BPCL account. Any increase in the rate of SPECIFY
GST beyond CDD shall be to vendor's account whereas any
decrease shall be passed on to BPCL.

Indicate the HSN Code (Harmonized System


1.3.2 Nomenclature)of the offered Item/s TO SPECIFY

1.4 TRANSPORTATION
The scope of the vendor includes transportation
of all the supplied items to Bina Refinery Warehouse (BPCL
MATERIALS GATE) on Door Delivery basis by Road. Vendor
to confirm acceptance. Please confirm and also confirm that
the same is quoted as percentage of the FOT dispatch point TO NOTE AND
1.4.1
price in the format for taxes and duties. CONFIRM

1.4.2 Vendor has to quote for Freight charges in % of basic price, TO NOTE,CONFIRM &
if applicable, in their offer and undertake responsibility for
delivery up to BPCL warehouse. SPECIFY

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1.4.3 It is the responsibility of vendor to arrange for
TO NOTE AND CONFIRM
transportation of the items in time so that material is
received at BPCL Warehouse without any transition delay.
The date of receipt of material at BPCL Warehouse shall be
considered for calculation of LD charges, if any.

1.5 DELIVERY PERIOD


Vendor to quote minimum possible delivery
period from the date of PO/LOI.
Vendors are requested to quote realistic delivery period in
line with BPCL requirement.
BPCL reserves the right to reject offers with delivery period
TO NOTE AND
1.5.1 beyond the tender requirement without any prior
CONFIRM
information.
The receipt of the material at site shall be considered as
delivery date for calculation of Price reduction for delay.

Owner reserves the right for rejecting the


TO NOTE AND
1.5.2 offer/offers not meeting the above delivery
period. CONFIRM
In case vendor is ready to provide the items earlier than
TO NOTE AND
1.5.3 the above desired period, vendor to indicate the earliest PROVIDE
delivery period
1.6 VALIDITY
Confirm quoted prices are valid for acceptance up to 120
TO NOTE AND
1.6.1 days from the final due date / extended due date.
CONFIRM

CONTRACT VALIDITY The services shall be


valid for one years from the date of award of contract.
(If Applicable) TO NOTE AND
1.6.2
However BPCL reserves the right for extending the CONFIRM
contract by three months at BPCL discretion provided the
contract has financial limit.
On account of exigencies, if the bidder is requested to
extend the validity of their offer, the same should be
TO NOTE AND
1.6.3 extended without any deviation including change in price.
CONFIRM
Otherwise, in such an event, the offer is liable to be rejected

1.7 PERFORMANCE BANK GUARANTEE


(if applicable)

Confirm that you will furnish performance guarantee bond


for 3% of order value by way of Bank Guarantee in the
TO NOTE AND
1.7.1 prescribed format from any Scheduled Indian Bank as per
CONFIRM
clause 14 of General Purchase Conditions (GPC) and as per
format of PBG attached.

Performance Bank Guarantee to be submitted for 5% of the


value of order. The PBG should be valid for a period of
Delivery Period/ Contract validity + Guarantee/Warranty TO NOTE AND
1.7.2
Period + claim lodging period. The PBG should be sent to us CONFIRM
directly by your Banker.

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In case submission of PBG is not accepted by the vendor, TO NOTE AND
1.7.3
their offer will be liable for rejection. CONFIRM
1.8 PART ORDER
Part order shall be accepted without any
stipulation of minimum order value/ quantity. (However TO NOTE AND
1.8.1
individual quantities will not be split) CONFIRM
In case of part order all lump sum charges quoted extra if
any viz. Documentation, testing, packing, other charges TO NOTE AND
1.8.2
etc., can be considered on prorate value basis. Confirm CONFIRM
compliance.
Repeat Order- Vendor to confirm acceptance of
repeat order within 12 months from the date of basic P.O TO NOTE AND
1.8.3
CONFIRM

1.9 PRICE REDUCTION SCHEDULE


Acceptance to price reduction for delay in
delivery beyond contractually agreed schedule @ 0.5% of
undelivered order value per week of delay or part thereof,
TO NOTE AND
1.9.1 subject to a ceiling of 5% of total order value as per Clause
CONFIRM
No. 20 of BPCL GPC.

In case this point is not accepted by the vendor, loading shall TO NOTE AND
1.9.2
be done as per Clause 1.11.1 CONFIRM

1.10 PAYMENT TERMS-LOCAL SUPPLY

Vendors are requested to accept the payment


terms as mentioned in CRFQ document. i.e. payment on 30th
day after receipt and acceptance of material at site.
TO NOTE AND
1.10.1 BPCL reserves the right to reject offers with deviation on CONFIRM
payment terms mentioned in the tender CRFQ document
without any prior information.

TO NOTE AND
1.10.2 Bank charges shall be to respective Accounts
CONFIRM
LOADING CRITERIA FOR COMMERCIAL DEVIATION
1.11

Deviation on Price Reduction for Delayed Deliveries


(Considering GPC clause of 0.5% per week of delay- max
5% total order value) :

In case the vendor does not accept the delayed delivery


clause or take exceptions to the % rate mentioned in GPC,
TO NOTE AND
1.11.1 loading shall be done to the extent of maximum of 5% on
CONFIRM
the total order value or the differential % not agreed by the
supplier
Price evaluation will be done overall landed cost basis as per
TO NOTE AND
1.11.2 the special conditions of the contract provided
CONFIRM
1.12 GENERAL

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Confirm acceptance of BPCL's ”General Purchase
TO NOTE AND
1.12.1 Conditions', holiday listing policy & Special Terms and CONFIRM
Conditions in Toto.
1.12.2 Indicate relationship with any of our Directors. TO SPECIFY

Please confirm you have not been banned or TO NOTE AND


delisted/holiday listed by any Government or Quasi CONFIRM
Government agencies or PSUs. If you have been banned,
then this fact must be clearly stated.
1.12.3
The declaration of holiday listing is to be signed and
submitted along with unpriced bid TO CONFIRM
SUBMISSION
You are requested to furnish the following information for
payment:
Mention BPCL Vendor code (if any) In which PO to be
awarded

a) Name of the vendor/contractor party


1.12.4 TO SPECIFY
b) Account No. of the party
c) Bank & Branch Name where the above account
is maintained
d) Type of account (current/saving/cash credit A/c)
e) Branch code of the above bank branch
f) The 9 digit MICR code of the above branch (with is
printed in the cheques issued by the Branch available
with the A/c holder

If the items are covered under DGS&D rate contract,


TO NOTE AND
1.12.5 confirm that a copy of rate contract is enclosed with
CONFIRM
your offer.
TO NOTE AND CONFIRM
If you are registered under MSE (Micro and Small AND
1.12.6 Enterprises) please provide the certificate towards the PROVIDE SUPPORTING
same DOCUMENTS
Confirm whether you are registered under MSE (Micro and
1.12.7 TO CONFIRM
Small Enterprises)

Bidders claiming purchase preference as MSE need to submit


the following documents:
a. Notarized copy of all the pages of the EM-II
certificate issued by the appropriate authorities
mentioned in the Public procurement policy of MSEs-
2012.
TO CONFIRM
1.12.8 b. Vendors' declaration on a duly notarized Rs.100
stamp paper stating that, in the event of award of SUBMISSION
contract, all the ordered supplies shall be made
from the unit for which MSE certificate has been
submitted.

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TECHNICAL DEVIATION FORM
Name of vendor:

Schedule of Deviations in reference to BPCL SPECIFICATIONS

1. Vendor may give here a consolidated list of technical deviations for all sections of the
SPECIFICATIONS, which for an appropriate offer is considered unavoidable by him.
2. Deviations mentioned elsewhere in the offer shall not be taken cognizance by the COMPANY and any such
deviations if indicated elsewhere other than this form will render the offer non-responsive and shall liable to be
rejected.
3. Vendor shall state the reasons for the deviations in the ‘Remark' column.
4. All other clauses of the SPECIFICATIONS (not mentioned in this form) shall be deemed to be fully complied
by the vendor
5. Only the deviations listed herein, in conjunction with the SPECIFICATIONS, shall constitute the contract
requirements for the award of job to the vendor.
6. BPCL reserves the right to reject the offer based on the deviations.

Sr. Page Clause No. Requirement of the Deviations to the Remarks


No. No. SPECIFICATIONS SPECIFICATIONS
1 2 3 4 5 6

Vendor
Signature of the authorized signatory

Name of the authorized signatory

Stamp & Date

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COMMERCIAL DEVIATION FORM
Name of vendor:

Schedule of Deviations in reference to COMMERCIAL TERMS AND CONDITIONS

1. Vendor may give here a consolidated list of Commercial deviations for all sections of the tender document, which
for an appropriate offer is considered unavoidable by him.
2. Deviations mentioned elsewhere in the offer shall not be taken cognizance by the COMPANY and any such deviations
if indicated elsewhere other than this form will render the offer non-responsive and shall liable to be rejected.
3. Vendor shall state the reasons for the deviations in the “Remark’ column.
4. All other clauses of the COMMERCIAL TERMS AND CONDITIONS (not mentioned in this form) shall be deemed to be
fully complied by the vendor
5. Only the deviations listed herein, in conjunction with the COMMERCIAL TERMS AND CONDITIONS, shall constitute
the contract requirements for the award of job to the vendor.
6. BPCL reserves the right to reject the offer based on the deviations.

Sr. Page Clause Commercial terms and Deviations Remarks


No. No. No. conditions
1 2 3 4 5 6

VENDOR

Signature of the authorized signatory Name of the

authorized signatory Stamp & Date

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SELF DECLARATION FOR LOCAL CONTENT
FORMAT FOR DECLARATION / CERTIFICATE FOR PERCENTAGE OF LOCAL CONTENT
PROFORMA FOR SELF DECLARATION FOR LOCAL CONTENT

(On Bidder's Letter Head)

TENDER ENQUIRY NO. ...........................................................

ISSUED BY: Procurement Leader, CPO MR, Bharat Petroleum Corporation Limited (Procurement Authority)

I/We, the undersigned, ............................................... (full names), do hereby declare, in my / our capacity as
............................................. ........................of ...........................................................................................
(Name of bidder entity), the following:
a) I / We have satisfied myself / ourselves that the goods/services/works to be delivered in terms of the above- specified bid
comply with the minimum local content requirements as specified in the bid document (refer Annexure Q)
b)The local content has been calculated using the formula given in the “Appendix” contained in the Annexure Q referred
above and the provisions as detailed in the PPLC amended policy attached therein.
C) The Stipulated minimum threshold for Local content for the tendered items as 20% is hereby met and we qualify as
Class I Local Supplier/ Class-II Local Supplier as defined under clause no. 2.5 of the PPLC amended Policy
document.

d) Local content for (product name) is certified as %, as calculated in terms of the PPLC
amended policy.
Note: If the bid is for more than one product, a schedule of the local content product-wise shall be attached.

e) I/ We also declare that Local Content certificate shall be submitted along with each invoice raised by us after the contract
has been awarded and we will ensure that the percentage of minimum local content as per the Class of supplier shall be
maintained during all stages of execution of contract.
f) I/ We accept that the Procurement Authority / Institution have the right that the local content be verified in terms of the
requirements of the said Policy.
g) I/ We understand that submission of incorrect data, or data that are not verifiable as described in the said Policy (PPLC
amended policy), may result in the Procurement Authority imposing any or all of the remedies as provided under the
Policy.

SIGNATURE OF AUTHORIZED SIGNATORY:

STAMP: DATE:

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APPENDIX
CALCULATION OF LOCAL CONTENT — GOODS

Name of manufacturer Calculation of manufacturer cost per no unit of product

Cost Cost Cost Total % Domestic


(Domestic (Imported Component
Cost component in Rs. component) component)
A B C = A+B D = A/ C
I. Direct material cost
II. Direct Labour cost
III. Factory Overhead
IV. Total Production cost

Note:

% LC Goods = Total cost (IV C)-Total imported component cost (IV B) X 100

Total Cost (IV.C)

% LC Goods = Total Domestic component cost (IV A) X 100


Total Cost (IV C)

XXXXXXXX

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CALCULATION OF LOCAL CONTENT — SERVICE

NAME OF SUPPLIER OF GOODS/PROVIDER OF SERVICE

COST SUMMARY
Cost Cost Cost Total Local Co ntent
(Domestic (Imported
Cost component in Rs component) component) % Rs.

B C D = B+D E = B/ D F=DxE
I. Material used cost
II. Personnel & Consultant
cost
III. Other services cost
IV. Total cost (I to III)
TAXES AND DUTIES
TOTAL QUOTED PRICE

Note:

% LC Service = Total cost (A.IV D)-Total imported component cost (A.IV.C) X 100
Total Cost (A.IV.D)

% LC Service = Total Domestic component cost (A.IV.B) X 100


Total Cost (A.IV.D)

XXXXXXXX

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CALCULATION OF LOCAL CONTENT — EPC (GOODS AND SERVICE)

A NAME OF SUPPLIER OF GOODS/PROVIDER OF SERVICE


COST SUMMARY
COSt /OSt Cost Total Local Content
(Domestic (Imported
% Rs.
Cost component in Rs. component) component)
B C D = B+D E = B/ D F=DxE

I. GOODS
1. Material used cost

2. Equipment cost

3. Sub Total I

II. SERVICES
1. Personnel & Consultant cost

2. Equipment & Work facility cost

3. Construction/Fabrication cost

4. Sub Total II

5. TOTAL COST OF GOODS + SERVICES


B. Non Cost Component

C. TOTAL QUOTED PRICE

Note:

% LC Combination = Total domestic component cost of goods (A.I.3.B) +

Total domestic component cost of service (A.II.5.B) Total X 100


Cost (A.III.D)

% LC Service = Total Domestic component cost (A.IV.B) X 100


Total Cost (A.IV.D)

XXXXXXXX

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UNDERTAKING FOR APPLICABILITY OF POLICY

To,

M/s Bharat Petroleum Corporation Ltd

SUB:
TENDER NO:

Dear Sir

We, M/s (Name of Bidder) hereby confirm that following purchase preference to be
considered:-

Description Preference
Purchase Preference (linked with local
content) or
Purchase Preference under Public
Procurement Policy for MSE

Note:

I. Please indicate your preference against only one policy.


II. The above preference shall be extended only after submission of requisite documents (as
mentioned in the tender documents).
III. In case a bidder is eligible to seek benefit under PP-LC policy as well as under MSE 2012, then the bidder
should categorically seek benefits against only one of the two policies i.e. either PP-LC or MSE policy.
IV. In case a MSEs bidder opts for purchase preference based on PP-LC, he shall not be entitled to claim
purchase preference benefit available to MSE Bidders under PPP for MSE 2012. However, the
exemptions from furnishing Bidding Document fee and Bid security/EMD shall continue to be
available to such MSE Bidders.
V. The option once exercised cannot be modified subsequently.

[Signature of Authorized Signatory of Bidder having power of Attorney]


Place:
Date:
Name:

Designation:

Seal

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