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CERTIFICATE

NO
BN22530/21306

Bharat Petroleum Corporation Limited


CENTRAL PROCUREMENT ORGANIZATION
(MARKETING)
(ACCREDITED TO 9001: 2015)

“OPEN TENDER”

SUPPLY OF RICE GRAIN

FOR BPCL’S 1G ETHANOL PLANT AT BARGARH, ODISHA

GeM Bid Number : GEM/2024/B/5033990 // CRFQ Number: 1000419533

Tender Due date and Time: 01.07.2024 (15:00 hrs)


Name Designation Mobile Number Email ID
Mr. L. R. Gangwar Procurement Manager - 9818255076 [email protected]
CPO (M) (022) 24176407
Mr. Sanson T. Koleth Procurement Leader - 7045657170 [email protected]
Biofuels & MIS, CPO (Mktg. (022) 24176133
Mr. Shashwat Verma Sr. Manager Technology 8652488348 [email protected]
Biofuels (E&P) (022) 24176065
Mr. Kamdar D. D. Dy. General Manager 9820971810 [email protected]
Technology Biofuels (E&P) (022) 24176523

‘A’ Installation, Sewree Fort Road Sewree (E), Mumbai - 400 015
GeM Tender: GEM/2024/B/5033990 Date: 10.06.2024

Dear Sir/Madam,
Subject : INVITATION TO BID

Job : SUPPLY OF RICE GRAIN FOR BPCL’S 1G ETHANOL PLANT AT BARGARH,


ODISHA
1. You are invited to submit your offer as Bids through GeM Portal in two-part (Techno-
commercial and Price Bid) for the above job on the specifications and terms & conditions
contained in this tender document. Please visit the website https://gem.gov.in and enroll
yourself as a seller for online participating in this tender and submitting bid.
2. Delivery Completion Period – 3 Months
3. Commercial Evaluation – Overall Lowest Basis
4. This tender document consists of the following Annexures, which are enclosed:

1. INSTRUCTION TO BIDDERS ANNEXURE I


2. GENERAL PURCHASE CONDITONS ANNEXURE II
3. SPECIAL PURCHASE CONDITIONS ANNEXURE III
4. TECHNICAL SPECIFICATIONS FOR THE TENDER ANNEXURE V

5. TECHNO-COMMERCIAL FORM ANNEXURE VI


6. DEVIATION STATEMENT ANNEXURE VII
DECLARATION BY BIDDERS FOR HOLIDAY LISTING &
7. ANNEXURE IX
LIQUIDATION
COMPLIANCE OF RESTRICTIONS FOR COUNTRIES WHICH
8. ANNEXURE X
SHARE LAND BORDER WITH INDIA
9. SOCIAL MEDIA GUIDELINES FOR BUSINESS PARTNERS ANNEXURE XI

10. INTEGRITY PACT ANNEXURE XII

5. Tender Details:
Sr. No. Description Details
i. Type of Job [Supply / Service / Works Contract] SUPPLY

ii. Purchase Preference (MSE) [Applicable / Not Applicable] Applicable


Purchase Preference (Make In India) [Applicable / Not
iii. Applicable
Applicable]
iv. Relaxation in BQC for MSE’s [Applicable / Not Applicable] Applicable

Page 1 of 33
6. Pre-bid Meeting shall be conducted through MS Teams on 17.06.2024, 11:00 Hrs.
Bidders are required to use the following link for participation in the pre-bid meeting on
mentioned date and time:

https://teams.microsoft.com/l/meetup-
join/19%3ameeting_YjlkMDFmM2UtMzFiNi00OGRhLWEzMTAtZTc1MTc0NTQ1MjYx%
40thread.v2/0?context=%7b%22Tid%22%3a%22222f3a7c-d45e-4818-9aa4-
33d44420ec32%22%2c%22Oid%22%3a%228e6caef3-47ea-4a9f-b385-
26549a66dd3c%22%7d
7. Vendors, on the Holiday List of BPCL / MoP&NG shall not be considered. BPCL reserves the
right to accept or reject any or all the offers at their sole discretion without assigning any reason
whatsoever. BPCL’s decision on any matter shall be Final & any bidder shall not enter into
correspondence with BPCL unless asked for. BPCL may call for additional documents if
required. BPCL would also consider information already available with them regarding
Vendor’s credentials.
8. Your online bid should be submitted on or before the due date of this tender. GeM Tender
system will automatically close on the bid due date and time, and bidders will not be able to
submit their bids after the closing time. Bids not in the prescribed format are liable to be
rejected. BPCL does not take any responsibility for any delay in submission of online bids due
to connectivity problem or non-availability of site and/or other documents/instruments to be
submitted in physical form due to postal delay. No claims on this account shall be entertained.
9. For clarifications, if any, please feel free to contact the undersigned:

Contact Persons To be contacted for


L. R. Gangwar For clarifications regarding
Procurement Manager – CPO (M) this tender.
BPCL ‘A’ Installation, Sewree Fort Road, Sewree
(E),
Mumbai 400015
Email ID: [email protected]
Contact: (022) 24176407, Mob.: +91 9818255076
Sanson T. Koleth
Procurement Leader - Biofuels & MIS, CPO (Mktg.)
BPCL ‘A’ Installation, Sewree Fort Road, Sewree
(E),
Mumbai 400015
Email ID: [email protected]
Contact: (022) 24176133 Mob.: +91 7045657170
Shashwat Verma For any site specific queries /
Sr. Manager Technology Biofuels (E&P) technical clarification / location
BPCL ‘A’ Installation, Sewree Fort Road, Sewree visits.
(E),
Mumbai 400015
Email ID: [email protected]
Contact: (022) 24176065 Mob.: +91 8652488348

Page 2 of 33
Contact Persons To be contacted for
Kamdar D.D.
Dy. General Manager Technology Biofuels (E&P)
BPCL ‘A’ Installation, Sewree Fort Road, Sewree
(E),
Mumbai 400015
Email ID: [email protected]
Contact: (022) 24176523 Mob.: +91 9820971810

For GeM related queries, bidders may contact GeM facilitators. Contact details of GeM
facilitators is available at following link: https://gem.gov.in/training/facilitators

Thanking you,
Yours faithfully,
for Bharat Petroleum Corporation Limited

Sd/-
SANSON T. KOLETH
Procurement Leader - Biofuels & MIS, CPO (Mktg.)

Page 3 of 33
ANNEXURE-I: INSTRUCTIONS TO BIDDERS
1 Competitive offers are invited in two-part bid - Bid Qualification Cum Techno Commercial Bid
and Price Bid from eligible bidders.
2 Successful bidders will be issued LOA (Letter of Acceptance) by CPO (Mktg.). The Purchase
Order and Agreement shall be issued by Project In-Charge of 2G Bio-Ethanol Refinery at
Bargarh, Odisha.
3 Offers should strictly be in accordance with the tender terms & conditions and our specifications.
Bidders are requested to carefully study all the documents/ annexures and understand the
conditions, specifications, drawings etc. before submitting the tender and quoting the rates. In
case of doubt, written queries should be raised within 10 days from the date of publication of
the tender. However, this shall not be a justification for request for extension of due date for
submission of bids.
4 REFERENCE FOR DOCUMENTATION:
4.1 The number and date of GeM Tender No. must appear on all correspondence before
finalization of Rate Contract / Purchase Order.
4.2 After finalization of the Contract / Purchase Order, the number and date of Contract / Purchase
Order must appear on all correspondence, drawings, invoices, dispatch advices (including
shipping documents, if applicable), packing list and on any other documents or papers
connected with this order.
5 LANGUAGE OF BID:
5.1 The Bid and all supporting documentation and all correspondence exchanged by bidder and
Corporation, shall be written in English language only.
6 INTEGRITY PACT (IP):
6.1 Integrity Pact is a pact between BPCL (as a purchaser) on one hand and the bidder on the other
hand stating that the two parties are committed to each other in regard to ensuring transparency
and fair dealings in this procurement activity. Bidders shall have to essentially sign this pact
(Annexure-XII), for participating in this tender, as per the pro-forma given in the tender. The
salient features of this program are:
6.2 Proforma of Integrity Pact shall be returned by the bidder/s along with the bid documents, duly
signed by the same signatory who is authorized to sign the bid documents. All the pages of the
Integrity Pact shall be duly signed. Bidder’s failure to return the IP Document duly signed along
with the bid documents shall result in the bid not being considered for further evaluation.
6.3 If the bidder has been disqualified from the tender process prior to the award of the contract in
accordance with the provisions of the Integrity Pact, BPCL shall be entitled to demand and
recover from the bidder Liquidated damages amount by forfeiting the EMD / Bid security as per
provisions of the Integrity Pact.
6.4 If the contract has been terminated according to the provisions of the Integrity Pact, or if BPCL
is entitled to terminate the contract according to the provisions of the Integrity Pact, BPCL shall
be entitled to demand and recover from the contractor, Liquidated Damages amount by forfeiting
the Security Deposit / Performance Bank Guarantee / Supply and Performance Guarantee as
per provisions of the Integrity Pact.
7 All documents attached with the Bid Qualification cum Techno Commercial Bid, Price Bid and
all corrigenda issued shall form the part of the tender. Bid Qualification Criteria documents,

Page 4 of 33
Techno-Commercial bid and the Price Bid will be submitted online.
8 The bid shall be required to be digitally signed with a class III or above digital signature by the
authorized signatory.
8.1 Online submission of the tender under the digital signature of the authorized signatory shall
be considered as token of having read, understood and totally accepted all the terms and
conditions. Bidder’s digital signature on the documents shall be considered as total
acceptance of the terms & conditions.
9 WARRANTY
9.1 As per Clause 13 of GPC.
10 EARNEST MONEY DEPOSIT:

10.1 Bidders are required to provide Earnest Money Deposit of Rs. 10 (ten) Lacs for the tender.
EMD may be submitted in form of Bank Guarantee (as per format in GCC) executed by any
Scheduled Bank approved by Reserve Bank of India or by NEFT transfer to BPCL Account
(details below). EMD amount is Rs. 01 (one) Lac irrespective of number of quoted items in the
bid. All the bidders (not exempted for EMD) are required to submit EMD of Rs. one lac only.
Standard Chartered Bank Fort Branch
A/c No. 22205020131
IFSC CODE: SCBL0036001
10.2 EMD (in case of BG) should be submitted in physical form in a sealed cover addressed to
Procurement Leader (Biofuels & MIS), boldly super-scribed on the outer cover:
Tender No -
Item -
Closing Date / Time -
Name of the Bidder -
10.3 It should be dropped in the tender box or sent by Registered Post/Courier to the following
address so as to reach on or before the due date & time of the tender:
Procurement Leader – Group-8: MIS & Biofuels
Central Procurement Organization (CPO) - Mktg,
Bharat Petroleum Corporation Limited
‘A’ Installation, Sewree Fort Road, Sewree, Mumbai-400015
10.4 BPCL will not be responsible for non-receipt of instrument(s) due to postal delay/loss in transit
etc.
10.5 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.
10.6 Bid received without the EMD is liable to be rejected.
10.7 Bidders registered with BPCL also should submit the EMD as mentioned above.
10.8 EMD exemption shall be as per General Terms & Conditions of GeM. In case any bidder,
being micro or small enterprise, is claiming exemption for Earnest Money Deposit, such
bidder shall provide the valid MSE documents (refer Clause below).
11 DOCUMENTS TO BE SUBMITTED BY MSE (MICRO/SMALL ENTERPRISE) BIDDER AS
DEFINED IN THE MSMED ACT 2006:
11.1 All bidders quoting as Micro and Small Enterprise, shall have to upload scanned copy of MSE

Page 5 of 33
doc. i.e., valid NSIC Certificate / Udyam Registration Certificate as provided in the Udyam
Registration portal along with scanned copy of CA certificate as per the format attached
with tender (CA certificate in original is to be submitted by successful bidder), failing
which such bid will be treated as Non-MSE.
11.2 The CA certificate should be dated after the date of floating of tender and shall be specific to
the tender for which bid is being submitted.
11.3 Format of the CA certificate is attached with this document (Format-A) and bidder needs to
submit certificate strictly in the said format.
12 PERFORMANCE SECURITY DEPOSIT:
Following 02 options are available with Successful bidder for submitting Security Deposit / deduction
of Retention money:
Option A: Successful bidder can submit the Performance Security Deposit of 5% of basic contract
value upfront within 15 days from the receipt of LOA. Retention money shall not be deducted from
running bills in such cases.
Option B:. Successful Bidder opting for deduction of retention money from running bills shall have to
submit the security deposit of Rs. 10 Lacs or 5% of the basic contract value, whichever is lower, within
15 days from the receipt of LOA.
Retention money shall be deducted from each running account bill at the rate of 5% of basic bill value
till overall amount (security deposit of Rs. 10 Lacs + retention money deducted) of 5% of basic
contract value is collected.
Upon request from vendor, security deposit amount will be returned, subject to availability of balance
retention money of an amount equal to 5% of basic contract value, after the refund of security deposit
to the vendor.
In above mentioned both options, if performance security deposit / security deposit is submitted in the
form of Bank guarantee, the Bank Guarantee shall be valid and remain in force till the contractual
completion period, defect liability period and with a claim period of six months thereafter. The Bank
Guarantee shall be in the form prescribed in GPC.
The above clause (i.e. PBG of 5%) supersedes the relevant clause of GPC.
The Bank Guarantee submitted shall be issued by Indian Scheduled Banks having long term issuer
rating of ‘A2’ from Moody’s or equivalent from Fitch and S&P in case of the foreign bank (having a
branch in India or having a corresponding banking relationship with an Indian Scheduled Bank) and
long term issuer rating of at-least ‘AA’ from CRISIL or equivalent from CARE, ICRA and India Ratings
in case of Indian Scheduled Banks, shall be acceptable. In case rating for a bank is available from
more than one rating agency, the lowest of such rating shall be considered.
In case the rating of a bank assigned by any of the credit rating agencies falls below
stipulated/acceptable level at any time during the tenure of BG, the contractor will arrange to replace
the BG at the earliest, at its own cost, through any other bank meeting the criteria stated in para
above. In such case, existing PBG shall be returned to the Contractor only after receipt and verification
of new PBG. Alternatively, Contractor may provide counter guarantee on the existing PBG from a
bank satisfying the above criteria. No payment shall be made to the Contractor till replacement of the
BG or submission of counter-guarantee.
Rest of the conditions of GPC related to Performance Bank Guarantee will remain same.
SFMS Bank Guarantee:

Page 6 of 33
Vendors shall insist their Bank for 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. 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 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
7037 of 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 payments to Vendors.
13 VALIDITY OF QUOTE:
The quote shall be valid for 180 days from the opening date of the tender. This condition supersedes
GPC condition.

14 DEVIATIONS:
14.1 Deviations to GPC (General Purchase Conditions), SPC (Special Purchase Conditions) and
ITB (Instruction to Bidders) are not allowed. Technical deviations, if any, should be mentioned
clause-wise in a separate document called deviation sheet in the format as per Annexure-VII
only.
14.2 Deviations mentioned anywhere else shall not be considered. Bidders are advised not to
upload any extra documents that are not asked for in the tender and are stating bidder’s own
terms and conditions etc. Such extra documents/extra terms and conditions shall be
summarily ignored and shall not be considered for evaluation.
15 SUBMISSION OF BIDS:
15.1 Bidders to note that any deviation if any to the technical/commercial terms and conditions of
this tender should be mentioned only in the “DEVIATION” bid form attached (Annexure-VII).
If any bidder fails to do so, it shall be construed that they have no deviations whatsoever to
the tender terms and conditions. It is also reiterated that BPCL will not take cognizance of any
clarifications/comments mentioned by the bidder in any other document. Similarly if any

Page 7 of 33
document is uploaded by the bidder, which inter alia would imply variation or deviation to
tender specifications or any terms and conditions of the tender, it shall be taken into
consideration for techno commercial evaluation if and only if the reference to the same is
mentioned in the deviation bid from.
Price bid:
Online fill in the quotes in the price bid form. Price Bids have to be submitted online. Bidders
should NOT mention any price anywhere else in the bidding forms.
16 Incomplete bids are liable to be rejected. No further correspondence/enquiries raised on this
issue by the bidder shall be entertained. Any terms and conditions stated by the Bidder in his
bid will not be binding on the Corporation.
17 Unsolicited / conditional discounts if offered by any party will not be considered and offers of
parties offering such unsolicited discounts are liable to be rejected.
18 ACCEPTANCE / EVALUATION OF BIDS BY THE CORPORATION:
18.1 BID QUALIFICATION & TECHNO-COMMERCIAL BID
Based on the information and documents submitted, only parties meeting the Bid Qualification
Criteria will qualify for the techno commercial evaluation. Price bid of only those bidders shall
be opened who qualify in the Techno-commercial bid. The schedule for opening the price bid
shall be advised separately.
18.2 PRICE BID
18.2.1 Through this tender, BPCL seeks to surface the Overall lowest price supplier. Hence, price
bid evaluation will be done on Overall lowest price basis offer by adding all schedules of the
price bid, taking into account the basic quoted price including P&F, freight charges,
supervision during erection and commissioning and GST.
18.2.2 Input tax credit (if applicable for the tender) will be considered by BPCL in the evaluation and
in such case, the award of work will be on net cash outflow basis considering ITC. The order
shall be placed on the lowest successful bidder for the complete job.
18.2.3 Basic Price should be as per tender specifications and also the basic cost should be firm till
the completion of contract / Purchase Order. No foreign exchange parity variation and no
price escalation will be considered during the contractual period. It may be noted that the
rates quoted in the price bid will only be considered for evaluation. No revision of prices is
allowed in the price bid once the technical bid is opened. Vendor to quote their prices
considering all the technical and commercial aspects. Please note that the cost of
Commissioning spares (if applicable) and all other spares required for successful
commissioning and handing over of the tendered item should be included in the basic cost
of the tendered item. List of commissioning spares is to be submitted separately along with
technical documents.
IN TENDERS WHERE GST RATE IS QUOTED BY THE BIDDER:
GST, as quoted by the bidder, shall be deemed as final and binding for the purpose of bid evaluation
(applicable for tenders where bidder quotes the GST rates). In case a bidder enters “zero” GST or an
erroneous GST, the bid evaluation for finalizing the L1 bidder will be done considering the quoted
GST rate. No request for change in GST will be entertained after submission of bids.
In cases where the bidder quotes a wrong GST rate, for releasing the final order, the following
methodology will be followed:
 In case the actual GST rate applicable is lower than the quoted GST rate, the actual GST rate

Page 8 of 33
will be added to the quoted basic rates. The final cash outflow will reduce to the extent of the
revised GST.
 In case the actual GST rate applicable for the state is more than the quoted GST rate, the
basic rates quoted will be reduced proportionately, keeping the final cash outflow the same as
the overall quoted amount.
Based on the Total Cash Outflow calculated as above, BPCL shall place orders.
The Corporation reserves the right to reject any and/or every tender without assigning any reason
whatsoever and/or place order on one or more bidders and/or carry out negotiations with bidder in
the manner considered appropriate by the Corporation.
Note: In case of multiple L1’s, BPCL reserves the right to take revised price bids (only from L1’s) in
the manner considered appropriate by the corporation to arrive at successful bidder and award the
job.
19 COUNTER CONDITION
No counter condition is acceptable. Bidder should consider all the tender standard terms and
conditions and submit their bids accordingly. Counter condition may lead to rejection of offer.
20 Refer Clause 42 of BPCL GPC - ‘Order of Precedence for Purchases’ - GeM GTC shall have
precedence over BPCL GPC.
21 NEW STATUTORY LEVIES:
The taxes, duties, rates, and Cess quoted shall be final. New tax, if any, introduced later shall
be on BPCL account from the date of bid submission (or extended date, if any) up to contract
period. During contractual period, any variation in existing taxes, duties, rates and cess shall be
borne by BPCL. Any upward statutory variation in taxes, duties rates and cess (including any
new tax) beyond contractual delivery date shall be borne by the bidder. However, in case of
downward variation, the same shall be passed on to BPCL.
22 GST DETAILS:
Type of GST namely IGST/CGST-SGST will be determined based upon the billing address
provided by the bidder in the tender & the state in which works are being executed.
Bidders are requested to enter SAC codes (Service Accounting Codes) / HSN codes as
Applicable in the relevant column of the price bid.
Maharashtra and Odisha State GSTN Details of BPCL is given below for reference.
Sl. No. State GST Registration ID of BPCL
1 Maharashtra 27AAACB2902M1ZT
2 Odisha 21AAACB2902M1Z5
23 Bidders may have to attend the concerned office of the Corporation for clarifications and/or pre-
bid meeting and/or negotiations/clarifications if required at their own cost, in respect of their bids
without any commitment from the Corporation.
24 If any new tax is introduced on sale of goods/services by VENDOR to OWNER in lieu of one or
more of the then existing taxes or as a new tax altogether and the rate and impact of the new
taxes is less than the rate and impact of existing tax or taxes which it replaces, VENDOR shall
pass on to OWNER the benefit thereof by way of commensurate reduction in the amount
payable by the OWNER to VENDOR. If on the other hand, the rate of the new taxes is in excess
than the rate of the existing taxes it replaces, the OWNER on satisfactory proof shall reimburse

Page 9 of 33
the VENDOR the additional tax paid by the VENDOR as the result of the imposition of the new
taxes provided they are within the contractual completion date.
Explanation: For the purpose of above clause, impact means and includes the
addition/reduction of taxes suffered on inputs, input services & capital goods. Further, impact of
stranded taxes like CST on Interstate purchases, entry tax/octroi, etc. (if applicable) also needs
to be considered.
25 It shall be understood that every endeavor has been made to avoid errors which can materially
affect the basis of the tender and the successful bidder 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
26 Courts in the city of Mumbai alone shall have jurisdiction to entertain any application or other
proceedings in respect of anything arising under this tender either before or after or during
finalization of the tender.
27 LIST OF ABBREVIATIONS USED:
27.1 The terms “BPC”, “BPCL”, The Corporation, the Company and Owner in the appropriate
context means Bharat Petroleum Corporation Limited, the Company registered under
Companies Act 1956 and includes its successors and assignees.
27.2 The term “LOA” in the appropriate context means Letter of Acceptance
27.3 The term “PO” in the appropriate context means Purchase Order
28 MANDATORY PROTECTIVE CLOTHING
The entry to work site will be permitted to workers with requisite PPEs including those for Covid-
19.
29 DECLARATIONS/ UNDERTAKINGS BY BIDDERS:
Bidders have to mandatorily submit the following declarations/undertakings:
29.1 COMPLIANCE OF RESTRICTIONS FOR COUNTRIES WHICH SHARE LAND BORDER
WITH INDIA:
Bidders have to submit an undertaking with respect to Compliance of Restrictions for
Countries which share land border with India {Restrictions under Rule 144(xi) of the General
Financial Rules, 2017–Reference OM no. 6/18/2019 – PPD dtd. 23.07.2020 (read along with
any subsequent clarifications/amendments thereof) issued by Ministry of Finance, Public
Procurement Division (https://doe.gov.in/procurement-policy-divisions)}. The declaration to be
submitted online in the portal.
29.2 DECLARATION ON ACCEPTANCE OF TERMS & CONDITIONS SOCIAL MEDIA POLICY
OF BPCL:
Terms & Conditions under Social Media Policy of BPCL for business partners are to provide
clear guidance on acceptable standards of conduct and practices to be followed by the
Business Partners of Bharat Petroleum Corporation Limited, in the usage of social media tools
during and post their association with the Corporation. These terms and conditions are
intended to protect and safeguard inter alia the interests and reputation of the Corporation, in
the access, use of or participation on Social Media platforms by such constituents. Successful
bidder/bidders shall have to essentially submit following documents for further evaluation in
the tender:
29.2.1 “Social Media T&Cs” document along with the bid documents, duly signed & stamped/

Page 10 of 33
digitally signed by the same signatory who is authorized to sign the bid documents. All the
pages of the “Social Media T&Cs” shall be duly signed. Bidder’s failure to return the “Social
Media T&Cs” duly signed along with the bid documents shall result in the bid not being
considered for further evaluation.
30 SUBMISSION OF HARD COPY OF DOCUMENTS (For Open / Limited Tender as per tender
requirement):
30.1 Declaration for Land Border Policy (FORMAT - E)
30.2 Declaration for Social Media Policy (FORMAT - F)
Note: Bidders to upload the above declaration on official letter head signed and stamped by
competent authority to submit the bid and upload on GeM portal. Bidders not confirming to the above
declaration are liable for rejection of their bids.
31 STARTUPS MEDIUM ENTERPRISES:
In case a Startup is interested in supplying the tendered item but does not meet the Pre-
Qualification Criteria (PQC)/ Proven Track Record (PTR) of Prior Turnover norm as indicated
in the tender document, i.e., in this case the Bid Qualification Criteria (BQC) mentioned above,
the Startup is requested to write a detailed proposal separately and not against the present
tender requirement, to the tender issuing authority about its product. Such proposals should be
accompanied by relevant documents in support of Start-ups as under:
31.1 Certificate of Recognition issued by Department of Industrial Policy and Promotion (DIPP),
Ministry of Commerce and Industry, GOI.
31.2 Certificate of Incorporation/Registration.
31.3 Audited P&L statement of all the Financial Years since incorporation. In case where balance
sheet has not been prepared, bidder shall submit a certificate in original from its CEO/CFO
stating the turnover of the bidding entity separately for each Financial Year since incorporation
along with a declaration stating the reason for not furnishing the audited P&L Statement. The
certificate shall be endorsed by a Chartered Accountant/Statutory Auditor.
31.4 Such proposal will be examined by the tender issuing authority who may consider inviting a
detailed offer from the Startup with the intent to place a trial order or test order provided the
Startup meets the Quality and Technical Specifications.
31.5 In case the Startup is successful in the trial order, it will be considered for PQC exemption/
relaxation (as the case may be) for the next tender for such item till the time the entity remains
a Startup.
31.6 Startups are exempted from submission of EMD.
32 BAN ON USE OF HYDRA CRANE IN BPCL WORK SITES:
Usage of Hydra Cranes Even for Shifting Materials, Equipment, Cable Drums, Pipelines, and
Towing of Vehicles etc. from one location to the other is banned due to safety reasons.
Some of the models but not limited to having the above-mentioned features are mentioned as
below for reference which can be permitted to be used in BPCL work sites:

S. No. Manufacture Models


ESCORTS CONSTRUCTION
1 TRX SERIES – K10; F15: TRX 2319; MAC
EQUIPMENT LTD (ECEL)
2 ACTION CONSTRUCTION LTD (ACE) FX 120; FX 10; 15XWE; 15XWF; RHINO

Page 11 of 33
110 PC

33 PLANNING AND DESIGNING IN PURVIEW OF VULNERABILITY ATLAS OF INDIA


Vulnerability Atlas of India (VAI) is a comprehensive document which provides existing hazard
scenario for the entire country and presents the digitized State/UT —wise hazard, maps with
respect to earthquakes, winds and floods for district-wise identification of vulnerable areas. It
also includes additional digitized maps for thunderstorms, cyclones and landslides. The main
purpose of this Atlas is its use for disaster preparedness and mitigation at policy planning and
project formulation stage.
This Atlas is one of its kind single point source for the various stakeholders including policy
makers, administrators, municipal commissioners, urban managers, engineers, architects,
planners, public etc. to ascertain proneness of any city/location/site to multi-hazard which
includes earthquakes, winds, floods thunderstorms, cyclones and landslides. While project
formulation, approvals and implementation of various urban housing, buildings and
infrastructures schemes, this Atlas provides necessary information for risk analysis and hazard
assessment.
The Vulnerability Atlas of India has been prepared by Building Materials and Technology
Promotion Council under Ministry of Housing and Urban Affairs, Government of India and
available at their website www.bmtpc.org.
It is mandatory for the bidders to refer Vulnerability Atlas of India for multi-hazard risk assessment
and include the relevant hazard proneness specific to project location while planning and
designing the project in terms of:
i. Seismic zone (II to V) for earthquakes,
ii. Wind velocity (Basic Wind Velocity: 55, 50, 47, 44, 39 & 33 m/s)
iii. Area liable to floods and Probable max. surge height
iv. Thunderstorms history
v. Number of cyclonic storms/ severe cyclonic storms and max sustained wind specific to coastal
region
vi. Landslides incidences with Annual rainfall normal
vii. District wise Probable Max. Precipitation

34 TRADE RECEIVABLES DISCOUNTING SYSTEM (TReDS)


Trade Receivables Discounting System (TReDs) is an institutional mechanism set up in order
to facilitate discounting of trade receivables of MSMEs from corporate buyers through invoice
discounting by multiple financiers. Bharat Petroleum Corporation Limited (BPCL) is registered
with TReDs platform of the aggregators M/s. Receivables Exchange of India Ltd (RXIL), M/s
Invoice mart and M/s. M1xchange. Eligible MSME bidders can avail the discounting facility by
registering either in one or multiple TReDs platform of the aggregators. It enables the sellers
(MSMEs) to discount their invoices through the aggregators to the financiers at competitive
rates thus unlocking their working capital swiftly.

Page 12 of 33
Format: A
CERTIFICATE CONFIRMING ELIGIBILTY FOR BENEFITS OF PUBLIC PROCUREMENT
POLICY
(for MSE Bidders to avail MSE benefits)
(on CA Letterhead)
Date: ………………..

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.

Name of CA Firm: [Signature of Authorized


Signatory]
Name:
Date: Designation:
Seal:
Membership No.:
UDIN No.:
Note: Please ensure the UDIN details on CA portal mentions - “certificate confirming eligibility for
MSE Policy Benefits”

Page 13 of 33
FORMAT - B
DEVIATION STATEMENT
(on company letterhead)

Tender No. – ……………………………………………………………………………………………………


Tender Title – …………………………………………………………………………………………………..
Bidder’s Name – ………………………………………………………………………………………………..

[In case of NIL deviations]


We, M/s ………………………….., hereby confirm that we have taken NIL deviations for this tender
and agree to comply to all terms and conditions of this tender without any deviation.

[In case of any deviations]


List of Deviations:

Clause Justification for


S. No. Document Ref. Deviation
No. Deviation

We, M/s ………………………….., hereby confirm that all our deviations for this tender have been
listed above with justification and there are no other deviations by us in the tender.

Date:
[Signature of Authorized Signatory of Bidder
having power of Attorney]
Name:
Designation:
Seal:

Page 14 of 33
FORMAT - C
UNDERTAKING BY BIDDER TOWARDS MANDATORY MINIMUM LC
(IN CASE SEEKING BENEFIT OF PPP-MII)
(on company letterhead)

To,
M/s BHARAT PETROLEUM CORPORATION LIMITED

TENDER NO: ……………………………………..


TENDER TITLE:
……………………………………………………………………………………………………

Dear Sir
We, M/s. ………………….…………….. (Name of Bidder) have submitted Bid No. ………………….…
against aforesaid tender.
We hereby confirm that we are eligible for benefit under Purchase Preference Policy (Make in India)
and undertake that we meet the mandatory minimum Local content requirement of …….% specified
in the tender document/ PPP-MII Policy.
The certificate from Statutory Auditor/Chartered Accountant/Cost Accountant in this regard
has been submitted in technical bid. (Applicable in case of tenders for value greater than Rs. 10
Crs.)
We further confirm that in case we fail to meet the minimum local content, BPCL will take action as
per provision of tender document/ PPP-MII Policy.

Place:

Date: [Signature of Authorized Signatory of


Bidder
having power of attorney]
Name:
Designation:
Seal:

Page 15 of 33
FORMAT - D
CERTIFICATE BY CHARTERED ACCOUNTANT/ STATUTORY AUDITORS OF BIDDER
TOWARDS MANDATORY MINIMUM LC
(IN CASE BIDDER SEEKING BENEFIT OF PPP-MII)
(on CA/SA letterhead)

To,
M/s BHARAT PETROLEUM CORPORATION LIMITED SUBJECT:

TENDER NO: ……………………………………..


TENDER TITLE: ………………………………………………………………………………………………

Dear Sir
We, ………………………………… (Name of the issuing CA/SA Firm) have verified relevant records
of M/s. ………………………………………. (Name of the bidder) and certify that M/s.
…………………………………. (Name of the bidder) meets the mandatory minimum Local content
requirement of ……% specified in tender document / PPP-MII Policy.

Name of CA/SA Firm:


Date: [Signature of Authorized
Signatory]
Name:
Designation:
Seal:
Membership No.
UDIN No.
Note: Please ensure the UDIN details on CA portal mentions - “certificate confirming eligibility for
PPP-MII Policy Benefits”

Page 16 of 33
Format - E
UNDERTAKING WITH RESPECT TO COMPLIANCE OF RESTRICTIONS FOR COUNTRIES
WHICH SHARE LAND BORDER WITH INDIA – AS STIPULATED BY GOVT. OF INDIA
(On Company Letter Head, to be signed by the duly authorized person)

Date:
TENDER NO: .………………
TITLE OF TENDER: ………………………………………………………………………………

To,
Bharat Petroleum Corporation Ltd
CPO-M, A-Installation
Sewri Fort Road, Sewri East Mumbai−400015

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 July’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; I/We certify
that I/We am/are not from such a country or, if from such a country, have 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/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]

[Signature of Authorized Signatory of Bidder]


Name:
Designation:
Seal:

Please refer Annexure X for Land Border Restriction Policy.

Page 17 of 33
Format - F
FORMAT OF ACKNOWLEDGEMENT FOR SOCIAL MEDIA GUIDELINES
(On Company Letter Head, to be signed by the duly authorized person)
To,
[insert details to whom such acknowledgement may be addressed]

[in the case of an individual or sole proprietorship] I am …………………………, an inhabitant of


………………………………………….. and carrying on business of ………………………………..
OR
We are [insert names of all partners of firm] carrying on business at ………………………… in
partnership under the firm name and style of M/s. ……………………………………………..
OR
[insert name of Limited Company or a Co-operative Society / Trust Co-operative] incorporated under
the laws of India and having its Registered Office at ………………………………………………….

I / We have entered into a [insert name of agreement] dated [insert date] (“Agreement”) for the [insert
purpose], with Bharat Petroleum Corporation Limited (“BPCL”).
In furtherance thereof, we have been provided with a copy of the Terms and Conditions for Acceptable
Use of Social Media by Business Partners, issued by the Corporation.
I /We have read and understood BPCL’s Terms & Conditions for Acceptable Use of Social Media by
Business Partners and agree to abide by it.
I / We understand that any violation of the above conditions may result in disciplinary action, or
termination or revocation of the Agreement.
In acknowledgement thereof, please see below our acceptance of the Terms and Conditions for
Acceptable Use of Social Media by Business Partners, issued by the Corporation, duly signed and
acknowledged by [insert name], in the capacity of our authorized representative.
A copy of such authorization is also attached for your record.

__________________
(Signature & seal)
Name:
Designation: Date:

Please refer Annexure XI for Social Media Policy.

Page 18 of 33
Format - G
UNDERTAKING BY BIDDER TOWARDS SUBMISSION OF TPIA VERIFIED DOCUMENTS
(On company letterhead)

To,
M/s BHARAT PETROLEUM CORPORATION LIMITED
Tender / CRFQ No.

Tender Title

Name Of Bidder

Dear Sir,
I / We, M/s ________________________ (Name of Bidder) have submitted bid for aforesaid tender.
We hereby confirm and undertake the following:
1) The self-certified copies of certificates / documents related to BQC – Technical & Financial
Criteria and MSE certificates, which have been submitted as part of BQC Bid for aforesaid
tender, are true copies and as per requirement of the tender.
2) In case emerging as successful bidder, I / We shall submit the TPIA verified copies of required
documents within 5 (five) days of notification from BPCL, as per requirement of tender.
3) I / We understand that, in case I / We are not able to submit TPIA Verified original documents
within 5 (five) days of notification from BPCL, I / We shall be holiday listed by BPCL. I / We
shall not have any further claims in the bid in such case.

Place:
Date: [Signature of Authorized Signatory
Of Bidder having power of attorney]

Name:
Designation:

Seal:

Page 19 of 33
ANNEXURE-II

GENERAL PURCHASE CONDITIONS OF BPCL

Page 20 of 33
ANNEXURE III

SPECIAL PURCHASE CONDITION

Page 21 of 33
ANNEXURE IV - BID QUALIFICATION CRITERIA AND REQUIRED
DOCUMENTS

1 BRIEF SCOPE OF WORK


The brief scope of this job is as below:

BPCL would require approximately 230 MT of Rice Grain per day (peak demand when the
plant is fully operational at 100% of capacity) as feed stock for 1G Bio-Ethanol Plant.

Line Description UOM QTY


Item
Supply of Broken Rice Grain (unfit for human consumption) MT 7000
for 1G Ethanol Plant in line with specification as defined in
1
tender for supply period (August-October 2024) including
freight & insurance till BPCL Bargarh Bio-Refinery

The purpose of this Tender is procurement of Broken Rice Grain (unfit for human consumption)
for 1G Ethanol Plant on Rate Contract Basis.

The contractual delivery period for the tendered items is 3 Months (August 2024 to October
2024).

Bid evaluation shall be done on Overall Lowest Basis.

2 BID QUALIFICATION CRITERIA (BQC)


BPCL would like to qualify vendors for undertaking the above work as indicated in the brief
scope. Detailed bid qualification criteria for short listing vendors shall be as follows:
2.1 TECHNICAL CRITERIA
2.1.1 Past Experience - The bidder shall have successfully supplied Rice Grain as per below
mentioned executed order quantity during any continuous twelve (12) months period in the
last SEVEN YEARS ending on last day of the month previous to the one in which tender is
due:

S. Order Quantity (in MT) Order Quantity (in MT)


Item
No for non-MSE for MSE
Rice
1 2100 1785
Grain

2.1.2 DOCUMENTS REQUIRED


The following documents should be submitted in support of the Technical Criteria requirement
as mentioned above:

1. Self-certified Copy of Signed Agreement/PO copy/Work order/LOI or any other document


which shows quantity of awarded order along with BOQ and respective Invoices for
completion of order / order completion certificate.

2. In case the work order submitted by the Bidder is in multiple currency/ non-INR, the same shall
be converted in equivalent INR considering the conversion rate as on the date of issue of the
reference order(s) based on Financial Benchmarks India Pvt. Ltd. (FBIL) reference rates. In

Page 22 of 33
case reference rate for that non-INR currency is not available on FBIL then TT exchange rate
published by State Bank of India (SBI) shall be used. If the conversion rate of the non-INR
currency is not available on both platforms, then the exchange rate website OANDA shall be
used. If a single rate is not available for conversion and both Buying and Selling rates are
available, for the purpose of conversion, the average of the same shall be taken.

2.2 FINANCIAL CRITERIA


2.2.1 AVERAGE ANNUAL TURNOVER
The average annual turnover of the Bidder for last three audited accounting years shall be
equal to or more than 5.52 Crores.

2.2.2 NET WORTH


The bidder should have positive net worth as per the latest audited financial statement.

Bidder shall furnish Annual Report/ audited balance sheets including Profit and Loss Accounts
along with the Bid to establish Bidder's conformance to Qualification Criteria.

2.2.3 DOCUMENTS REQUIRED


1) Bidder shall furnish Annual Report/ audited balance sheets including Profit and Loss Accounts
for previous three financial years along with the Bid to establish Bidder's conformance to
financial criteria and prove existence since three years.
2) In case a bidder (a Parent Company) is having wholly owned subsidiaries but only a single
consolidated annual report is prepared and audited which includes the financial details of their
wholly owned subsidiaries, consolidated audited annual report shall be considered for
establishing the financial criteria subject to statutory auditor of the bidder certifying that
separate annual report of bidder (without the financial data of subsidiaries) is not prepared
and audited.
3) Further, in case a bidder is a subsidiary company and separate annual report of the bidder is
not prepared & audited, but only a consolidated annual report of the Parent Company is
available, consolidated audited annual report shall be considered for establishing the financial
criteria subject to statutory auditor of the parent company certifying that separate annual report
of bidder is not prepared and audited.
4) In case the financial year closing date is within 6 months of original bid due date and Audited
annual report of immediate preceding financial year is not available, Bidder has the option to
submit the financial details of the three previous years immediately prior to the last financial
year.
5) In case the financial year closing date is within 6 – 9 months of original bid due date and
Audited annual report of immediate preceding financial year is not available, Bidder has the
option to submit the financial details of the three previous years immediately prior to the last
financial year provided Bidder submits a letter from CA stating the reasons of non-
preparation/furnishing of the latest year’s Audited Financial Statements.
6) In case the financial year closing date is beyond 9 months of original bid due date, it is
compulsory to submit the financial details of the immediate three preceding financial years.
2.3 BIDS MAY BE SUBMITTED BY
2.3.1 An entity (domestic bidder) should have completed 3 financial years of existence as on original
due date of tender since date of commencement of business and shall fulfill each BQC
eligibility criteria as mentioned above.
2.3.2 JV/Consortium bids will not be accepted (i.e. Qualification on the strength of the JV
Partners/Consortium Members will not be accepted).
Page 23 of 33
2.3.3 Class I & Class II local supplier as per PPP-MII policy.

2.4 DECLARATION BY THE BIDDERS


2.4.1 Declaration by bidder for not being under liquidation, court receivership or similar proceeding.
2.4.2 Declaration by bidder for not serving any Holiday Listing orders issued by BPCL or MOPNG
debarring me/us from carrying on business dealings with BPCL/MOPNG.
2.4.3 Declaration by bidder for having 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 as per policy issued by GoI in July’20.
2.4.4 Declarations by the bidder under MSE Policy
2.4.5 Declarations by the bidder under PPP-MII policy
2.4.6 Declarations by the bidder Social Media Guidelines of BPCL
2.4.7 Integrity Pact

2.4.8 Declaration by the bidder for submission of TPIA verified BQC and MSE documents, in case
successful in the tender.

Note: Bidders to upload the above declaration on official letter head signed and stamped by
competent authority to submit the bid. Bidders not conforming to the above declaration are
liable for rejection of their bids.
3 GENERAL
3.1 Bidder shall furnish necessary documentary evidence as mentioned above along with the bid.
In the absence of such documents, BPCL reserve the right to reject the Bid without making
any reference to the Bidder or assigning any reason what-so-ever.
3.2 During Bid Submission, Bidders have option of providing self-certified copies of certificates /
documents related to BQC – Technical & Financial Criteria and MSE certificates, with an
undertaking (refer ITB Document for format) to submit TPIA verified document within 5 (five)
days of notification from BPCL, in case the vendor emerges successful.
3.3 In case the successful bidder is not able to submit TPIA Verified original documents, as
required, within 5 (five) days of communication after opening of price bid, action / show cause
notice for Holiday Listing shall be initiated against such bidder.
3.4 Show cause notice for holiday listing to be replied by the bidder within 7 (seven) days of such
notification. Subsequently, bidder shall be holiday listed forthwith by Competent Authority
without further process.
3.5 TPIA must be registered under “NABCB accredited bodies as per requirement of
ISO/IEC17020 as Type A” in QCI NABCB website
https://nabcb.qci.org.in/accreditation/reg_bod_inspection_bodies.php as on date of
verification of documents. The verification and certification should necessarily include
comment "Verified from originals", with name and contact details (contact number and e-mail
ID) of the certifying officer, TPIA name with the address of TPIA branch undertaking the
certification. TPIA certificate with stamp should be submitted. All charges of the Third party for
attestations and verification shall be borne by the Bidders.
3.6 Hard copies of the TPIA/ Embassy/ High Commission certificate and its supporting documents
as mentioned above in original with original stamp certified with comment ‘Verified from
Originals’, shall be submitted by the successful bidder (on whom the award of job is proposed)
to
Page 24 of 33
Procurement Leader – Biofuels & MIS, CPO (M)
CPO (Marketing)
BPCL, Sewree, Mumbai-400015

3.7 All bidders quoting as Micro and Small Enterprise, shall have to upload scanned copy of MSE
doc. i.e., valid “Udyam Registration Certificate” as provided in the Udyam Registration portal
along with scanned copy of CA certificate as per the format attached with tender with stamp
of TPIA mentioning as “verified from original” (TPIA Certification not required if the CA
certificate in original is submitted at EMD stage), failing which such bid will be treated as bid
received without Earnest Money Deposit (EMD) and will be rejected. Successful bidder will
have to submit hard copy of CA certificate before award of job. The CA certificate should be
dated after the date of floating of tender and shall be specific to the tender for which bid is
being submitted. Format of the CA certificate is attached in the tender and bidder needs to
submit certificate strictly in the said format else bid shall be rejected.
3.8 In case of BPCL work order/P.O., certification by TPIA is not mandatory.
3.9 The bidders who are already registered with BPCL should also submit all documents as per
the BQC.
3.10 BPCL reserves the right to accept / reject any or all bid- qualification documents at their sole
discretion without assigning any reason whatsoever.
3.11 BPCL, at its discretion reserves the right to verify information submitted and inspect the
facilities at party’s work to confirm their capabilities. BPCL also reserves the right to
independently assess the capability and capacity of the bidder for execution of the project.
3.12 BPCL decision on any matter regarding short listing of bidders shall be final.
3.13 Failure to meet the above Qualification Criteria will render the Bid liable to be rejected.
Therefore, the bidder shall in his own interest furnish complete documentary evidence in the
first instance itself, in support of their fulfilling the Qualification Criteria as given above. BPCL
reserves the right to complete the evaluation based on the details furnished without seeking
any additional information.
3.14 All documents submitted should be in English 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 TPIA.

4 EVALUATION METHODOLOGY
The subject tender will be invited through Domestic Open Tender as two-part bid. The bid
qualification evaluation of the received bids will be done as per the above bid qualification
criteria and the technical bid of the shortlisted bidders will be evaluated subsequently. BPCL
reserves the right to seek technical queries as well as BQC queries simultaneously during
evaluation of bids so that time can be saved in total procurement cycle. The price bids of the
bidders who qualify BQC criteria & meet Technical / Commercial requirements of the tender
will only be opened and evaluated.

The order will be placed on the Overall Lowest Basis to the successful bidder for the job.

The job will be Divisible for the purpose of purchase preference under MSE / PPP-MII policy.

Page 25 of 33
FORMAT FOR SUBMISSION OF BQC DETAILS
(BIDDER SHALL SUBMIT THE DETAILS IN BELOW FORMAT DULY SIGNED / STAMPED FOR BQC EVALUATION ALONG WITH SELF-
CERTIFIED RELEVANT DOCUMENTS)

1 Technical Criteria – 2.1.1


S. No. Client PO No. & Date Invoice No. & Self-certified copies of PO, Invoice / Contact Details of Client
Date Delivery Challan attached (Yes/No) (Name, Email and Phone No.)
1.
2.

2 Financial Criteria – 2.3 (details of Annual Turnover and Net-worth) - Latest 3 years
S. Financial Annual Turnover Self-certified copies of P&L Statement
Net-Worth UDIN
No. Year (in Rs. Lacs) & Balance Sheet Attached
1 2022-23
2 2021-22
3 2020-21

3 EMD Details
S. BG No. & Bank / Transaction UTR No. and Original BG Submitted to BPCL Office (in case of BG)
Amount
No. Date (Yes / No)

4 MSE Details (if applicable & valid for original manufacturers only)
Udhyam Category Social Category of MSE CA Certificate Original CA Certificate confirming MSE Eligibility Submitted to
S.
Registration (Micro / (Gen / SC/ST / Women / Date and UDIN BPCL Office
No.
No. Small) Others) No. (Yes / No)
1

Page 26 of 33
ANNEXURE – V: TECHNICAL SPECIFICATIONS AND SCOPE OF WORK

UPLOADED AS ‘SPECIFICATION DOCUMENT’ UNDER TECHNICAL SPECIFICATIONS

Page 27 of 33
ANNEXURE VI: TECHNO-COMMERCIAL FORM

(To be duly filled, signed and uploaded on bidder’s letterhead)


SR. NO. DESCRIPTION BIDDER DETAILS

1 Name of the Tenderer / Firm / Company

2 PAN Number
3 GST Number
4 HSN Code
% of GST as per HSN code applicable for
5
Materials Supply
6 SAC Code for any services (If applicable)
% of GST as per HSN/SAC code
7 applicable for supervision of erection and
commissioning ( if applicable)
Status of the Tenderer/ Firm/ Company
8 (Proprietary Firm OR Partnership Firm OR
Public/ Private Limited Company)

Address and Contact Details of the


9
Registered Office

Name & address of the Proprietor/


10 Partners/ Directors with percentage of
share holding

If any of the Proprietor/ Partner(s)/


Director(s) of the Firm/ Company
participating in this tender, is also a
11 proprietor/ Partner(s)/ Director(s) in any
other Firm/ Company (manufacturing unit
of Tendered Material), then please provide
the following details:
Name of Common Proprietor/ Partner/
11-a
Director

11-b Name of the other Unit

Page 28 of 33
SR. NO. DESCRIPTION BIDDER DETAILS

11-c Other Unit Address

State whether the Proprietor/ Any of the


Partners/ Any of Directors of your Firm/
12 Company is related to Any of the Directors
of BPCL (Please refer the BPCL website
www.bharatpetroleum.in)
If YES, state the Name of BPCL Director
12-a
and Your RELATIONSHIP with Him
State whether the Proprietor/ Any of the
13 Partners/ Any of the Directors of your Firm/
Company is also a Director of BPCL
If YES, state the Name/s of such BPCL
13-a
Director/s
Address and Contact Details of your Plant
from where Material is going to be
supplied. In case the MSE vendor
wishes to supply from their more than
14
one Plants/ Units having MSE
Certification, then provide Address and
Contact Details of all those Plants/
Units.
Name and Contact Details (Phone, E-Mail
15
Id etc.) of the Contact Person/s
State whether the Tenderer/ Firm/
Company is a Micro or Small Enterprise
16
(MSE). If YES, please provide Supporting
Document verified by TPIA.
In case the tender is Reserved
EXCLUSIVELY for MSE OR the Order is
going to be awarded based on MSE
Status, then the vendor will have to Offer
and Supply the Entire Tendered Quantity
16-a from the PLANT having MSE Certification
and also to Indemnify BPCL in this regard
on a Rs. 100 Stamp Paper verified by
TPIA. The Original Indemnity Bond needs
to be furnished to BPCL at the time of
award of contract.
State whether the Tenderer/ Firm/
Company is a Micro or Small Enterprise
(MSE) owned by Scheduled Caste (SC) or
16-b
the Scheduled Tribe (ST) Entrepreneurs. If
YES, please provide Supporting
Document.
Please confirm, if any GST CONCESSION
17
like SEZ is available to the Unit.

Page 29 of 33
SR. NO. DESCRIPTION BIDDER DETAILS

18 Major Vendors for SUPPLY of Input

Manufacturing and Handling Machines


19
available

20 Kindly mention your Billing address.

The details of upcoming manufacturing


21 unit(s), if any, during the contractual
period.

Page 30 of 33
ANNEXURE VII
DEVIATION FORM
(To be duly filled, signed and uploaded on bidder’s letterhead)

Tender No. – ……………………………………………………………………….………………………..


Tender Title – …………………………………………………………………………………………………
Bidder’s Name – ………………………………………………………………………………………...……

[In case of NIL deviations]


We, M/s ………………………….., hereby confirm that we have taken NIL deviations for this tender
and agree to comply to all specification and terms & conditions of this tender without any deviation.

[In case of any deviations]


List of Deviations:
Clause Justification for
S. No. Document Ref. Deviation
No. Deviation
1

We, M/s ………………………….., hereby confirm that all our deviations for this tender have been
listed above with justification and there are no other deviations by us in the tender.

Date:
[Signature of Authorized Signatory of Bidder
having power of Attorney]
Name:
Designation:
Seal:

Page 31 of 33
ANNEXURE IX
DECLARATION OF HOLIDAY LISTING ORDERS ISSUED BY BPCL OR MOPNG DEBARRING
FROM CARRYING ON BUSINESS DEALINGS WITH BPCL/ MOPNG
(On company letterhead, to be signed by the duly authorized person)

Date:

Tender / CRFQ
No.
Tender Title

To,
Bharat Petroleum Corporation Limited
Dear Sir/ Madam,

1. I / We, declare and confirm that we are currently no serving any Holiday Listing orders issued
by BPCL or MOPNG debarring us from carrying out business dealings with BPCL/ MOPNG
or convicted of an offence -
1) Under the Prevention of Corruption Act, 1988; or
2) 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.
2. We are not under Liquidation, Court Receivership or similar proceedings

Date: [Signature of Authorized Signatory of


Address: Bidder having power of attorney]

Name:

Designation:

Seal:

P.S.: Offers not accompanied with a declaration may lead to rejection. Any wrong declaration in this
context shall make the Agency liable for action under BPCL Holiday Listing procedure.

Page 32 of 33
ADDITIONAL ANNEXURES

1 ANNEXURE X: INTEGRITY PACT


UPLOADED IN ATC CLAUSE FOR BUYER SPECIFIC INTEGRITY PACT

2 ANNEXURE XI: COMPLIANCE OF RESTRICTIONS FOR COUNTRIES WHICH SHARE LAND


BORDER WITH INDIA

3 ANNEXURE XII: SOCIAL MEDIA GUIDELINES FOR BUSINESS PARTNERS

Page 33 of 33
General Purchase Conditions Date: 26.04.2024

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
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 itemsordered
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
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.

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 theamount 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 withheldby OWNER.

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 TaxCredit 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, Anyloss 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 and/or to the extent of any loss accrued tothe 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 thecase may be till such default is either
rectified or made good by the VENDORand 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 defaulton 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
andsame 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 arerequired
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 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 intendedto
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 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 shippingdocuments.
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 thebottom.

SHIPPING DOCUMENTS: All documents viz. Bill of Lading, invoices, packing list, freight memos, country of
origin certificates, test certificate, drawings and catalogues should be in English language.

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

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

In the case of FOB orders, shipping arrangements shall be made by the Chartering Wing of the Ministry of
Surface Transport, New Delhi through their respective forwarding agents. The names and addresses of
forwarding agents shall be as per Special Purchase Conditions. Supplier shall furnish to the respective agents
the full details of consignments such as outside dimension, weights (both gross and net) No of packages,
technical description and drawings, name of supplier, ports of loading, etc. 6-weeks notice shall be given by
the supplier to enable the concerned agency to arrange shipping space.

The bill of lading shall indicate the following:

Shipper: 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.

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. The eligible MSME bidders can avail Bill discounting facility
as follows.
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
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.

12.4. The eligible MSME bidders can avail the discounting facility as follows: -

Trade Receivables Discounting System (TReDS) is an institutional mechanism set up in order to facilitate
discounting of trade receivables of MSMEs from corporate buyers through invoice discounting by multiple
financiers. Bharat Petroleum Corporation Limited (BPCL) is registered with TReDS platform of the
aggregators M/s. Receivables Exchange of India Ltd (RXIL), M/s Invoice mart and M/s. M1 xchange. The
eligible MSME bidders can avail the discounting facility by registering either in one or multiple TReDS
platform of the aggregators. It enables the sellers (MSMEs) to discount their invoices through the
aggregators to the financiers at competitive rates thus unlocking their working capital swiftly.

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
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 for 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. 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: 8PCL583493800

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 7037 of
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 payments 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 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 preservice
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,
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.

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.
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).

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

18.4. 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
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

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.
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.

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
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
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:

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 approach the
Competition Commission established under the Act of Parliament and file information relating to anti-
competitive agreements and abuse of dominant position. If such a situation arises, then Vendors are
bound by the decision of the Competitive Commission and also subject to penalty and other provisions of
the Competition Act.

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://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.

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
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
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:
SUPPLY OF RICE GRAIN FOR BPCL’S 1G ETHANOL PLANT AT BARGARH,
ODISHA ON RATE CONTRACT BASIS

SPECIAL PURCHASE CONDITION

1. PAYMENT TERMS: 100% payment will be released after receipt and acceptance of
material at Bargarh Bio-refinery (BBR) site and on submission of all relevant dispatch
documents including original copy of invoice as per terms of GPC. Payment shall be
on the basis of weighment at BPCL weigh bridge inside Bargarh Bio-Refinery.

2. SUPPLY SCHEDULE & DELIVERY PERIOD:


a. The delivery of grain for the quantity indicated in SOR required for plant operation
from August 2024 to October 2024 after intimation by BPCL.
b. Minimum call-off quantity shall be 1000 MT. Bidder to supply within 10 days of call-
off beyond which LD shall be applicable as per terms of GPC. Rice grain to be supplied
in 50 or 75 kgs bags.
c. The total quantity indicated is the estimated requirement for BBR and may be less
depending upon the operation of Refinery.
d. Bidder to quote firm price for supply for the supply period from August 2024 to October
2024 inclusive of transportation, insurance etc. in the price bid only.
The Independent External Monitors (IEMs) should be contacted, ONLY if there are any complaints
related to the tender. Details of IEM (appointed by CVC) are mentioned below:

Dr. Atanu Purkayastha Shri Ganesh Vishwakarma Shri Jagadip Narayan Singh
ADDRESS ADDRESS ADDRESS

D-5, Sector-27, Noida, B-247, Asian Games Village, C-54, Bharatendu Harischandra
Uttar Pradesh - 201301 New Delhi- 110049 Marg, Anand Vihar,
Delhi- 110092

[email protected] [email protected] [email protected]

Mob. No. - 9899772227 Mob. No. - 9821399005 Mob. No. - 9978405930


SUPPLY OF RICE GRAIN FOR BPCL’S 1G ETHANOL PLANT AT
BARGARH, ODISHA

1. INTRODUCTION:

Bharat Petroleum Corporation Limited (BPCL) is a Fortune 500 company and a leading Maharatna
Public Sector Enterprise with PAN India presence, engaged in Refining, Marketing and Distribution and
Exploration of Petroleum products. BPCL is in the process of setting up a 2nd Generation (2G) + 1st
Generation (1G) Bio-Ethanol Refinery” for production of Ethanol. Bio-Ethanol Refinery is being
constructed at Baulsingha Village, Tehsil Bhatli, District Bargarh in the state of Odisha.

BPCL would require approximately 230 MT of Rice Grain per day (peak demand when the plant is fully
operational at 100% of capacity) as feed stock for 1G Bio-Ethanol Plant.

The purpose of this Tender is procurement of Broken Rice Grain (unfit for human consumption) for 1G
Ethanol Plant on Rate Contract Basis.

2. TECHNICAL SPECIFICATION & QUALITY PARAMETERS

3. QUALITY PARAMETERS

Sr. Rice Grain Specification Accepted


No.
1 Starch, minimum w/w% 68%

2 Moisture, maximum w/w% 12%


3 Black Rice grain, maximum w/w% < 1% (no penalty)
>1%<5% (prorated reduction
on quoted price*)
> 5% rejected
4 Adulteration (Husk/ Paddy/ Sand/ Stone/ Plastic/ Metal/ 0.5%
Other non-organic impurities etc.) maximum w/w%
5 Broken Rice size More than 1 mm
6 Fungal Rice, Bad Smell Rice, Live Insects Not Allowed

Test method used for Broken Grain Analysis in laboratory: -

Sr. Broken Rice Grain Test Method


No.
SUPPLY OF RICE GRAIN FOR BPCL’S 1G ETHANOL PLANT AT
BARGARH, ODISHA
1 Starch AOAC Method 979.10, AACC Method 76‐11

2 Moisture Standard Method

3 Black Rice grain max. w/w% Standard Method

4 Adulteration (Husk/ Paddy/ Sand/ Stone/ Standard Method


Plastic/ Metal/ Other non-organic impurities
etc.) max. w/w%
5 Broken Rice size Standard Method

6 Fungal Rice, Bad Smell Rice, Live Insects Standard Method

Note:
*if quoted price is Rs. X per MT and black rice grain is 2.5% (rounded to nearest single decimal).
Then revised price for lot, shall be Rs. X*(1-((2.5-1)/100)) per MT. (rounded to nearest integer).

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