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EMBEDDED MATERIAL ( E & P ) HQ BPCL NOIDA : TENDER FOR SUPPLY OF ‘LPG CYLINDER VALVE CHANGING MACHINE WITHOUT EVACUTION OF LPG CYLINDER’ : CRFQ NO.1000124288 DATED 19.07.2010 DUE DATE : 17.08.2010 (15 HRS IST )

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BHARAT PETROLEUM CORPORATION LIMITEDMATERIALS DEPT. ( E & P )

A-5 & 6 Sector – 1 NOIDA District – GB Nagar UP -201301 , INDIA

TENDER’FOR

SUPPLY OF ‘LPG CYLINDER VALVE CHANGING MACHINE WITHOUT EVACUATION OF LPG CYLINDER’ ON ‘ANNUAL

RATE CONTRACT BASIS’AT VARIOUS LPG PLANTS IN INDIA.

TENDER DOCUMENT REFERENCE:‘CRFQ NO.1000124288 DATED 19.07.2010

DUE DATE : 17.08.2010 (15 HRS IST )Total -46 pages.


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BPCL(Mktg) intends to enter into an ‘Annual Rate Contract’ for the supply + Supervision of Installation and Commissioning of 14 nos - ‘LPG CYLINDER VALVE CHANGING MACHINE WITHOUT EVACUATION OF LPG CYLINDER’ at various LPG plants in four Regions (NR-Northern Region/ER-Eastern Region/SR-Southern Region/WR-Western Region).

We invite your most competitive offer for the same in accordance with this Tender

document. Kindly refer following ANNEXURES.

T A B L E O F C O N T E N T S

S.NO. ANNEXURE NO. DOCUMENT DESCRIPTION

1 ANNEXURE –I TERMS AND CONDITIONS FOR FINALISATION OF ANNUAL RATE CONTRACT

2 ANNEXURE –II PROFORMA FOR ‘INTEGRITY PACT (IP)’

3 ANNEXURE –III PREQUALIFICATION CRITERIA

4 ANNEXURE –IV TECHNICAL SPECIFICATIONS OF THETENDERED ITEM

5 ANNEXURE -V VENDOR’S CONFIRMATIONS FOR TECHNICAL SPECIFICATION OF THETENDERED ITEM

6 ANNEXURE –VI VENDOR’S DEVIATION (IF ANY) ON TECHNICAL SPECIFICATIONS

7 ANNEXURE –VII GENERAL PURCHASE CONDITIONS

8 ANNEXURE –VIII VENDOR’S CONFIRMATIONON COMMERCIAL TERMS

9 ANNEXURE –IX VENDOR’S DEVIATION (IF ANY) ON COMMERCIAL TERMS

10 ANNEXURE –X(A)

ANNEXURE –X(B)

UNPRICE BID FORMAT

PRICE BID FORMAT

11 ANNEXURE –XI FORMAT FOR PERFORMANCE BANK GUARANTEE


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ANNEXURE – I :

TERMS AND CONDITIONS FOR FINALISATION OFANNUAL RATE CONTRACT

Bharat Petroleum Corporation Ltd (BPCL) invites Tenders to procure following item on ‘Annual Rate Contract basis’ for the supply + Supervision of Installation & Commissioning of above mentioned “LPG CYLINDER VALVE CHANGING MACHINES WITHOUT EVACUATION OF LPG CYLINDER” at BPCL LPG plants, having their ownmanufacturing base & Financial capabilities. The vendors must have established after sale Service Provider in India for this item

1. QUOTATION MUST BE ON YOUR LETTER HEAD DULY SEALED & SIGNED BY THE COMPETENT AUTHORITY OF YOUR FIRM, SUPERSCRIBING OUR COLLECTIVE RFQ NO./RFQ NO.AND DUE DATE OF THE ENVELOPE.

2. Please submit Tender in Two Bids :Techno-Commercial Bid and Price Bid separately sealed envelopes as under.

a. The first sealed envelope should contain, EMD, Proforma for Integrity Pact Document (Annexure-II) duly stamped and signed, Pre-Qualification Documents(Annexure –III) and all other Annexures duly filled/stamped and signed as applicable (for Indian and Foreign vendors) and should be super scribed with ‘Pre-Qualification Documents’ and ‘Techno-Commercial Bid’ against CRFQ NO.1000124288 DATED 19.07.2010 DUE DATE : 17.08.2010 (15 HRS IST ) with the above given ‘due date.’

b. The second sealed envelope should contain only the Price Bid [(ANNEXURE X (B) / ANNEXURE XV (B) as applicable] and should be superscribed with ‘ Price Bid’ for CRFQ NO.1000124288 DATED 19.07.2010 DUE DATE : 17.08.2010 (15 HRS IST ) with the above given Due date.

c. The above two sealed envelopes bearing the tender no CRFQ NO.1000124288 DATED 19.07.2010 DUE DATE : 17.08.2010 (15 HRS IST ) with the above given Due date should

ITEM NO.OF CRFQ

BRIEF DESCRIPTION OF ITEM Estimated QTY(nos)

00010 ‘SUPPLY OF LPG CYLINDER VALVE CHANGING MACHINE WITHOUT EVACUATION OF LPG CYLINDER’ AT ALLAHABAD, BAREILLY; HISSAR; SALEMPUR; AJMER; BHATINDA; ROORKEE; UDAIPUR; BIKANER; ULBERIA ; TOOTICORIN; TANJORE; NASIC & INDOR LPG PLANTS as per Technical Specifications given in Annexure – IV

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be placed in one big envelope super scribing “ TENDER FOR SUPPLY OF ‘LPG CYLINDER VALVE CHANGING MACHINE WITHOUT EVACUATION OF LPG CYLINDER ’ and sealed and should be submitted at the following Address before the above given due date /time :

MATERIALS DEPARTMENT ( E & P) Bharat petroleum Corporation Ltd A – 5 & 6 Sector – 1 Noida. District – GB Nagar ( UP ) 201301 INDIA ,

CONTACT PERSON NAME : MR.B chakraborty (PHONE : +91-120-2474902 (FAX : +91-120- 2474985)

3. BPCL takes no responsibility for delayed/non-receipt of bids by Mats Dept (E & P ) Noida sent by you through post/courier after the due date at 1500 HRS IST (i.e. 3 .00 p.m.).

4. The Vendors are required to submit their Pre qualification Documents and copy of Price bids with Prices blanked out ,with their Techno-Commercial Bids .Vendor’s bid will be rejected if the relevant Pre-qualification documents of tender are not received along with the techno-commercial bid.

5. The Techno-Commercial bids would be opened on the given due date /time in front of the vendors willing to participate in the tender opening. The representative of such vendors must carry appropriate documents in support of their identity.

6. The Pre-Qualification of vendors would be as per Pre-Qualification Criteria (as per Annexure –III) . Further Evaluation of Techno- commercial bids of Pre-qualified vendors would only be carried out .

7. The Price bids of only those vendors, who have been pre-qualified and techno-commercially accepted ,will be opened. BPCL reserves the right to reject any or all of the documents at their sole discretion without assigning any reason.

8. An intimation would be sent by us to Techno- commercially qualified vendors to witness the opening of their Price bids . Evaluation of the Price bids / TEC approvals /placement of ARC/orders etc. shall be carried out as per BPCL Guidelines for Materials Procurement as applicable.

9. EVALUATION CRITERIA FOR AWARD OF ANNUAL RATE CONTRACT-Commercial evaluation (Price Bid evaluation) will be done on the basis of `Lowest Quote' considering all commercial elements, basic price of item 00010 of the CRFQ NO.1000124288


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DATED 19.07.2010 DUE DATE : 17.08.2010 (15 HRS IST ), duties, taxes, freight, octroi, TPIA charges, Supervision charges for installation & Supervision charges for commissioning.

10. INTEGRITY PACT (IP): Kindly find enclosed the Performa of IP document for your reference .The same would be signed by both BPCL as well as the vendor (who has submitted the offer against the above CRFQ) after opening of their Techno-Commercial bids .It is mandatory to sign & return our pre signed IP document(ANNEXURE-II). This document is essential & binding. bidder's failure to return the IP duly signed after opening of Techno-Commercial bids shall result in the bid not being considered for further evaluation. please ensure that IP is signed on all the pages by the authorised signatory (same as that of signatory to the bid). Integrity Pact(IP) is a pact between BPCL (as a purchaser) on one hand and the prospective bidder on the other hand stating that the two parties shall make certain commitments to each other in regard to ensuring transparency and fair dealings in the purchasing activities of the corporation.

a. Performa of Integrity Pact shall be returned by the Bidder/s after opening of Techno-Commercial bids , duly signed by the same signatory who is authorized to sign the bid documents. All the pages of the Integrity Pact shall be duly signed. Bidder's failure to return the IP duly signed after opening of Techno-Commercial bids shall result in the bid not being considered for further evaluation.

b. 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 Bidder Liquidated Damages amount by forfeiting the EMD / Bid Security as per provisions of the Integrity Pact.

c. If the contract has been terminated according to the provisions of the Integrity Pact, or if BPCL is entitled to terminate the contract according to the provisions of the Integrity Pact, BPCL shall be entitled to demand and recover from Contractor Liquidated Damages amount by forfeiting the Security Deposit/Performance Bank Guarantee as per provisions of the Integrity Pact.

d. Bidders may raise disputes/complaints, if any, with the nominated Independent External Monitor (IEM) as under :

NAME OF IEM : SHRI. UPPILJAPPAN SUNDARARAJAN

ADDRESS : Flat No.3A-1302 ,Whispering Palms ,Lokhandwala Complex,Akurli Road,Kandivali (East),Mumbai - 400 1

TELEPHONE NO. 022-884 3600 Mobile: 9820503000


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FOR DETAILS, PLEASE REFER ENCLOSED ANNEXURE- II.

11. Total tender quantity is estimated one and may vary at actual. Supplies are to be made only against our call-off for any quantities, which shall be placed as &when required against the Annual Rate Contract which would be finalized with the successful vendor vide this CRFQ NO.1000124288 DATED 19.07.2010 DUE DATE : 17.08.2010 (15 HRS IST ). Individual call-off / order against the above Annual Rate Contract will be issued from this office.

12. Tendered Item is required AT ALLAHABAD, BAREILLY; HISSAR; SALEMPUR; AJMER; BHATINDA; ROORKEE; UDAIPUR; BIKANER; ULBERIA; TOOTICORIN; TANJORE; NASIC & INDOR LPG PLANTS in India.

13. BPCL reserves its right to increase/decrease the quantities indicated in the tender.BPCL also reserves the right to accept any tender in whole or in part and reject any or all tenders without assigning any reason. BPCL is not bound to accept the lowest rate for any tender and reserves the right to accept one or more tenders in part. BPCL also reserves its right to allow public enterprises (Central /State) purchase/contract/service preference as admissible under the existing Government Policy. The decision of the Corporation in this connection will be final.

The Price bids of only those vendors who have been pre-qualified and techno-commercially accepted will be opened. BPCL reserves the right to reject any or all of the documents at their sole discretion without assigning any reason.

14. Price will be firm and no escalation will be entertained on any ground except on the ground of statutory levies applicable on the tendered items.


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ANNEXURE –III PRE-QUALIFICATION CRITERIA

PRE-QUALIFICATION CRITERIA FOR SHORT-LISTING OF VENDORS FOR SUPPLY OF LPG CYLINDER VALVE CHANGING MACHINE WITHOUT EVACUATION OF LPG CYLINDER.

SR.No. Item description Vendor to Confirm A Prequalification Criteria1 Vendor should be a regular manufacturer of LPG

handling equipments anywhere in the world and should have supplied at least 1 nos of LPG Cylinder Valve Changing Machine without evacuation of LPG Cylinder to Oil companies in INDIA or globally to any International MNC Oil Companies during last 5 years from the date of submission of PQ document .

The above criteria of LPG Cylinder Valve Changing Machine without Evacuation of LPG Cylinder should be from Vendors for their manufacturing location from which Vendor proposes to supply the above machines against this Tender

Year Number of LPG Cyl. Valve Changing Machines without evacuation of LPG Cylinder supplied.

2 The prospective vendor should submit certificate of supply and continuous satisfactory performance of LPG Cylinder Valve Changing Machine without Evacuation of LPG Cylinder, for one year periodfrom the time of Commissioning from the User Companies at the time of submission of PQ documents .

3 Vendor himself should have experience of servicing LPG Cylinder Valve Changing Machine without LPG Cylinder Evacuation all over India Or Vendor should have an established ‘after sale service Provider’ having experience of servicing LPG Cylinder Valve Changing Machine without Evacuation of LPG Cylinder all over India .The Vendor is required to submit the valid agreement with their service provider , in India at the time of submission of PQ documents.


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SR.No. Item description Vendor to Confirm 4 Necessary valid approval from Petroleum & Explosive

Safety Organisation (Formerly Chief Controller Of Explosives , Govt. of India ) should be available with the vendor at the time of submission of PQ documents.

5Annual turnover of the vendor (Group Company) shall be at least around Rs. 250 Lacs

Fin. Year Turn over with currency.2009-102008-09:2007-08 :

6 Vendor’s Net worth as per latest audited financial statement should be positive .

(Vendor to provide Net worth details for the previous audited year and provide Audited balance sheets and Profit &loss statements for verification )

7 We request the Vendors to submit their credentials in detail including documentary evidence by way of certificates from clients, Order copies ,Annual Reports with audited balance sheets and Profit Loss accounts along with their pre qualification (PQ )document to establish their credentials to meet all the above prequalification criteria. All the documents should be submitted in a proper manner with Index for easy identification and evaluation w.r.t prequalification criteria .

Pl also note that above prequalification data should be against the same Vendors Name for which prequalification is requested and not of any JV or group company etc

Besides above mentioned pre-qualification criteria, following Para will also be the part ofprequalification document . :-

1. The Vendors who are already enlisted with BPCL should also apply.

2. Bidders to submit documents/information to satisfy the above prequalification criteria . Applicants should also be in a position to produce further information as and when required by us.


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3. BPCL reserve the right to accept / reject any or all pre-qualification documents/bids at their sole discretion without assigning any reason whatsoever.

4. BPCL , at its discretion reserves the right to verify information submitted and inspect the manufacturer facilities/user companies if required to confirm their capabilities.

5. BPCL reserves the right to change (increase or decrease) the tendered quantity .

6. Vendors are required to submit their sealed offers in two bid system – i) Techno-commercial bid along with Pre-Qualification Documents and ii) Price Bids by the due date and time as given in the Tender. The tender document shall be displayed in BPCL Website along with the above mentioned Prequalification Criteria.

7. The Vendors are required to submit their Pre qualification Documents with their Techno-Commercial Bids . The Techno-Commercial bids would be opened in front of the vendors willing to participate in the tender opening. Vendor’s bid will be rejected if the relevant Pre-qualification documents of tender are not received along with the techno-commercial bid.

8. The prequalification of vendors would be as per above mentioned Pre-qualification Criteria . Further evaluation of Techno-commercial bids of Pre-qualified vendors would only be carried out . An intimation would be sent to Techno-commercially qualified vendors to witness the opening of the Price bids . Evaluation of the Price bids / TEC approvals /placement of orders etc. shall be carried out as per BPCL Guidelines for Materials Procurement as applicable.

9. Not withstanding what has been stated above, new vendors who have capability to manufacture LPG Cylinder Valve Changing Machine without LPG Cylinder Evacuation but has so far not supplied minimum threshold , as specified in prequalification criteria , can still apply. However, initially , they will be considered only for small qty. for field trials separately.

10. Based on the performance of the product during these trials and satisfactory performance of their Machines and demonstration of after Sales response, they can be considered for bidding for bulk quantities of LPG Cylinder Valve Changing Machines without LPG Cylinder Evacuation in subsequent tenders.

11. BPCL decision on any matter regarding short listing of Vendors shall be final and any applicant shall not enter into any correspondence with BPCL unless asked for.

12. Vendors would be pre-qualified based on data and documents provided by Vendors and based on information available with BPCL with regard to the Vendors credentials.


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Vendors are required to provide the details/confirm against each of the following points.

SR.NO.

ITEM DESCRIPTION Vendors are required to provide the details/confirm .

B GENERAL DATA:1 Name of the Vendor (Company's name) with Address against

which prequalification required

2 Company History (brief) Public Ltd/Pvt Ltd/Govt.

Incorporated since the year

Associate of main Group (Parent Company)

ORGANOGRAM with Manpower details at Factory and After Sales Service

3. Contact Person Name ,Address,Telephone ,Fax ,Email and Cell

SR.NO.

ITEM DESCRIPTION

1 Turnover for last three years .Balance sheets for the last three years to be enclosed.

2 Location of Manufacturing Units

3 Whether ISO 9000

4 Representative in India and their Contact address5 Annual Installed and Utilised capacity specifically for “LPG

Cylinder Valve Changing Machine without LPG Cylinder Evacuation” in last 3 Financial years (Please provide year wise details)

6 Major International Customers (Petroleum companies)

7 Minimum Order Quantity of “LPG Cylinder Valve Changing Machine without LPG Cylinder Evacuation”

8 Major Customers (Petroleum companies) in India 9 Number of “LPG Cylinder Valve Changing Machine without

LPG Cylinder Evacuation” supplied by the vendor under successful operation for one year period from the time of installation from User Companies

10 Number of “LPG Cylinder Valve Changing Machine without


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LPG Cylinder Evacuation” supplied by the vendor in India 11 Number of “LPG Cylinder Valve Changing Machine without

LPG Cylinder Evacuation” Units supplied by the vendor worldwide

12 Infrastructure Facilities including list of Plant & Machinery and Quality Assurance plans/Quality Control Testing facilities.

13 List of major Orders executed in last 3 years with single largest order value

14 List of major Clients.15 Other Company enlistment letters.16 Performance feedback letters/Certificates from major Clients

for major Orders executed.17 Registration with SSI/NSIC , if applicable and its validity.18 Excise / sales Tax Registration certificates/challans , if

applicable along with PAN/VAT Registration number.

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ANNEXURE – IV

TECHNICAL SPECIFICATIONS OF THE TENDERED ITEM

TECHNICAL SPECIFICATIONS OF LPG CYLINDER VALVE CHANGING MACHINE WITHOUT EVACUATION OF LPG CYLINDER.

PURPOSE:

To unscrew / remove leak valve from LPG cylinder and screwing on / fixing new valve without prior evacuating the cylinder.

DESCRIPTION / OPERATIONAL REQUIREMENT:

The valve changing machine operation should be done with hydraulic power pack and should have provision for sealing the space around the top of the cylinder / bung area. On removing the defective valve, the sealed space should get isolated and while removing the sealing bell from top of the cylinder, the seal space should get de-pressurized.

The machine should have sturdy frame and operation of the machine should be operator friendly with control panel operated pneumatically. The machine should have provision to set the torque for screwing and unscrewing the valve and the limit switches arrangement to achieve / check the same.

The machine should have a provision to vent / draw LPG at faster rate in case the new valve is not getting screwed on the cylinder (after removing the old/leak valve)

The motion of hydraulically driven wrench should be smooth.

There should be automatically interlock to prevent lifting of sealing bell while the sealing bell is pressurized.

Capacity of machine : 25-30 cylinders per hour.

UTILITY TO BE PROVIDED BY BPCL:

i. Power supply 415 V, +/- 10%, Hz =50 +/- 6%.

ii. Instrumentation air at 5 to 6 bar.

iii. All Civil works at the location as required.


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SCOPE OF SUPPLY:

i. Hydraulic power pack consisting of flame proof / explosion proof 3 phase electric motor( 3 to 5 HP), flame proof push button station, hydraulic pump with pressure control / flow control arrangement, oil tank of suitable capacity with level indicator and pressure gauge, hydraulic and pneumatic hoses etc. The hydraulic power pack system should have minimum 2 emboss for earthing.

ii. Valve changed machine with a sturdy frame, platform with sliding arrangement of sealing bell, slide wrench with various gauges, valves, vents and limit switches etc. complete for screwing and unscrewing the valve from the cylinder and control panel with air service unit. The machine should have minimum 2 emboss for earthing the equipment.

iii. Spares : Minimum consumable spares for two year operation of machine.

iv. Necessary tools for carrying out regular operation & maintenance of the machine .

v. Foundation nut-bolts and foundation drawing

vi. First fill of hydraulic oil

vii. Operation and maintenance manual – 4 sets (1 set to be despatched with the machine)

Vendor to advise / confirm the following data

i. motor rating of hydraulic power pack

ii. Grade of hydraulic oil and its equivalent grade manufactured by various oil companies including Bharat Petroleum.

iii. Consumption of instrumentation air and power consumption.

iv. Capacity of machine : 25-30 cylinders (Standard 14.2 kg / 19 Kg LPG Cylinder ) per hour

v. The maximum pressure / force to which the LPG cylinder will be subjected to when sealing bell is placed over the cylinder for unscrewing / screwing of valve.

SCOPE OF INSPECTION :

i. Cycle time (The time taken from positioning of the cylinder on the base platform of the machine, placing seal bell over the cylinder, unscrewing the valve and taking out slide wrench, replacing old valve with a new valve and lowering the slide wrench, screwing on valve, lifting of sealing bell and removing the cylinder from the platform).


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ii. Smooth operation during different functions of the cycle.

iii. Lifting of the bell only when gas pressure is reduced to very near atmospheric pressure.

iv. Tightening torque setting to be within the standard parameters required for cylinder ¾” NGT Valve thread fitting on a cylinder.

v. Co-relation of MOC / CCOE certificates of components / bought out items.


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ANNEXURE – V :VENDOR’S CONFIRMATIONS FOR TECHNICAL

SPECIFICATION OF TENDERED ITEM

SR.NO

PARTICULARS BPCL’S REQUIREMENT

VENDOR’S CONFIRMATION –Accepted / not accepted(if Not accepted, please elaborate )

A PURPOSE To unscrew / remove leak valve from LPG cylinder and screwing on / fixing new valve without prior evacuating the LPG cylinder.

B MACHINE OPERATIONAL REQUIREMENT

i The valve changing machine operation should be done with hydraulic power pack and should have provision for sealing the space around the top of the cylinder / bung area. On removing the defective valve, the sealed space should get isolated and while removing the sealing bell from top of the cylinder, the seal space should get de-pressurized

Vendor to Specify /confirm .

ii The machine should have sturdy frame and operation of the machine should be operator friendly with control panel operated pneumatically. The machine should have provision to set the torque for screwing and unscrewing the valve and the limit switches arrangement to achieve / check the same.

Vendor to Specify /confirm

iii The machine should have a provision to vent / draw LPG at faster rate in case the new valve is not getting screwed on the cylinder (after removing the old/leak valve)



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iv The motion of hydraulically driven wrench should be smooth


v There should be automatically interlock to prevent lifting of sealing bell while the sealing bell is pressurized


vi LPG cylinders in Operations :Standard 14.2 Kg. and 19 Kg. cap. LPG Cylinders

Vendor to confirm acceptance

vii Installation of Machine Under covered roof ,all sides open

viii Duty Continuousix No. of hrs./ Day Min. 16 hrs/day for

300 days in a yearx Operating Temperatures -10 to 50 Deg.C.xi Qty of LPG released during each operation Vendor to Specifyxii LPG and Air hoses Should be anti-

Static .Continuous earthing

C MACHINE DATAi Model No. Vendor to Specify ii CCOE approval ref. /date for above Machine iii Motor Rating of hydraulic power pack Vendor to Specifyiiiiv Consumption of Instrumentation air per hour

of operation Vendor to Specify

v Power Consumption Vendor to Specifyvi Capacity of offered Machine 25-30 cylinders per

hour.

vii Grade of hydraulic oil and its equivalent grade manufactured by various oil companies including Bharat Petroleum

Vendor to Specify

viii The maximum pressure / force to which the LPG cylinder will be subjected to when sealing bell is placed over the cylinder for unscrewing / screwing of valve

Vendor to Specify

ix Pneumatic control circuit diagrams Vendor to Specifyx Overall Size of the Machine Vendor to Specifyxi Emergency Stop Required.

D SCOPE OF SUPPLY OF THE MACHINE

i Hydraulic power pack consisting of flame Vendor to confirm


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proof / explosion proof 3 phase electric motor( 3 to 5 HP), flame proof push button station, hydraulic pump with pressure control / flow control arrangement, oil tank of suitable capacity with level indicator and pressure gauge, hydraulic and pneumatic hoses etc. The hydraulic power pack system should have minimum 2 emboss for earthing.

/specify

ii Valve changed machine with a sturdy frame, platform with sliding arrangement of sealing bell, slide wrench with various gauges, valves, vents and limit switches etc. complete for screwing and unscrewing the valve from the cylinder and control panel with air service unit. The machine should have minimum 2 emboss for earthing the equipment.

iii Spares :-Minimum consumable spares for two year operation of machine.

Vendor to confirm and Specify the spares .

iv Tools :- Necessary tools for carrying out regular operation & maintenance of the machine .

Vendor to confirm and Specify the Tools.

v Foundation Drawing and Foundation nut-bolts

To be provided by the Vendor

vi First fill of hydraulic oil To be provided by the Vendor

vii Operation and maintenance manual – 4 sets (1 set to be despatched with the machine)

To be provided by the Vendor

E RESPONSIBILITY OF VENDOR FOR SUPPLY+ SUPERVISION OF INSTALLATION AND SUPERVISION OF COMMISSIONING OF ABOVE MACHINE

i The scope of Installation supervision by the Vendor would be to advise BPCL about the location where the equipment has to be brought.


ii To show the Line and Level of the equipment for alignment to BPCL Conveyor ,so as to make easy manual entry of cylinder and exit into and out of machine.


iii To check the Level of the machine correctly before grouting under side of the bed.


iv Any other responsibility, as per the Vendor to Specify


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requirement to facilitate smooth Installation and Commissioning of the Machine in BPCL LPG plant.

/confirm

F RESPONSIBILITY OF BPCL IN CASE OF SUPPLY+ SUPERVISION OF INSTALLATION AND SUPERVISION OF COMMISSIONING OF ABOVE MACHINE BY VENDOR

i Shifting packing cases ,lifting raising the equipment and putting it on the foundation platform ,will be sole responsibility of BPCL

Vendor to confirm .

ii Electrification ,Cabling ,providing the cables would be done by BPCL upto Flameproof Push Button Station and Flameproof Motor supplied by the vendor.

Vendor to confirm .

iii Arrangement of material Handing equipments /Tools for pulling,lifting ,drilling operations moving the packed material up to the point of erection as per vendors’ requirement.

Vendor to confirm

G SCOPE OF INSPECTION i)Cycle time (The time taken from positioning of the cylinder on the base platform of the machine, placing seal bell over the cylinder, unscrewing the valve and taking out slide wrench, replacing old valve with a new valve and lowering the slide wrench, screwing on valve, lifting of sealing bell and removing the cylinder from the platform).ii) Smooth operation during different functions of the cycleiii) Lifting of the bell only when gas pressure is reduced to very near atmospheric pressureiv) Tightening torque setting to be within the standard parameters required for cylinder ¾” NGT Valve thread fitting on a cylinder.v) Co-relation of MOC / CCOE certificates of components / bought out items.

Vendor to confirm acceptance

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ANNEXURE – VI :

VENDOR’S DEVIATION (IF ANY) ON TECHNICAL

SPECIFICATIONS


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ANNEXURE – VII :

GENERAL PURCHASE CONDITIONS

TERMS & CONDITIONS FOR ‘ANNUAL RATE CONTRACT’

1. Please quote on Ex-works basis, separately indicating Basic Price in Rs. per unit, P & F, Excise duty, Sales Tax, Freight (on Door Delivery basis by Road Transport ) ,Charges for Supervision of Installation and Commissioning per Unit.

2. Packing & Forwarding: The materials should be properly packed so as to withstand all transit hazards. The vendor should quote the packing & forwarding charges per unit for materials.

3. Excise Duty: Excise duty extra as applicable at the time of delivery within scheduled delivery period will be payable by BPCL against documentary evidence Tenderer shallmention in their offer, the percentage of excise duty payable at present.

4. Sales Tax: Sales Tax as applicable at the time of delivery within scheduled delivery period will be payable by BPCL. Tenderer shall give details of local sales tax and central sales tax currently applicable in their offer. The rates applicable "WITHOUT FORM C" AND "WITH FROM C" shall be clearly indicated.

5. FREIGHT: Materials are to be dispatched by the vendor to BPCL LPG locations in NR/ER/SR/WR on freight paid DOOR-DELIVERY basis by ROAD Transport.

6. OCTROI: Octroi, if, applicable will be reimbursed to vendor extra at actual against documentary evidence.

7. OTHER STATUTORY LEVIES: All other statutory levies like Entry Tax etc., if applicable is payable extra by BPCL However, any increase/decrease in statutory levies on the date of delivery during the scheduled delivery period on finished materials will be on BPCL's account.

8. Terms of Delivery : The materials are required on an average of preferably twomachines per month. Kindly quote your best delivery schedule against individual call-off to be issued by BPCL (Regional Materials Offices, Mumbai / Delhi / Chennai / Kolkata) ) from time to time for any quantity.

9. Third Party Inspection Charges inspection will be carried out as per scope of Inspection given in Annexure – IV by BPCL representative /BPCL registered third party inspection agencies (LRIS/IRS/DNV/TATA PROJECTS/EIL/) Inspection Charges will be reimbursed by BPCL as per your quote. Please quote Firm Third party Inspection Charges.

10. If the material is not supplied within the scheduled delivery period, then any increase on Excise Duty /Sales Tax/ other statutory levies will be on vendor's account.


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11. Consignee will arrange unloading & stacking. However, advance information regarding expected date of delivery to Site-In charge must be given well in time for making unloading arrangements under advice to BPCL. In case, vendor arranges it, charges will be reimbursed to them extra at actual against documentary evidence.

12. Insurance will be arranged by BPCL. As soon as the materials are dispatched, vendor will have to inform the dispatch details by Telex/Telegram to the originator of call-offs as well as to the Consignee.

13. PAYMENT TERMS FOR SUPPLY OF MACHINE:

a. 100% payment will be made on 30th day from the receipt of materials at site (LPG Plant) to vendor against submission of 10% of PBG by vendor. Please consider this condition in your quotation, as other payment terms may not be acceptable to BPCL. In case 10% PBG is not submitted by the vendor 10% of gross amount of Invoice will be retained in lieu of P.B.G.

b. Payment of Supervision Charges for Installation and Commissioning of the machine : 100% payment on 15th Day after completion of the Job.

THE CALL OFFS SHALL BE PLACED BY THIS OFFICE ONLY.INVOICES WILL HAVE TO BE FORWARDED BY YOU TO THIS (i.e.to the originator of call-offs))ONLY. All documents listed below (in triplicate, whichever is applicable) should be submitted to the respective regional office and the respective Regional Offices will make payment only;

a) Invoice

b) Challan

c) Lorry Receipt / GR

d) Inspection Release Note along with Test Certificates.

e) Original Money Receipt for Inspection Charges.

f) Original Money Receipt for Octroi Charges.

g) Original Money Receipt for freight charges.

h) Guarantee Certificate.

i) Excise Gate Pass. and other relevant documents.

Vendor shall send one set of above documents to Consignee also.

14. VALIDITY: The rates quoted against this tender shall be valid for a period of 120 days from the date of opening of the tender and once the quotation is accepted and order placed on the successful tenderer, the rates shall be valid for the entire contract period.


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15. SPECIAL RIGHTS: We reserve the right to:

i. Reject your offer without assigning any reasons thereof.

ii. Allow the Public Enterprises purchase preference facilities as admissible under the existing policy.

iii. Not to accept the lowest rate quoted by the tenderer.

iv. Cancel the tender or split the tendered quantities.

v. Order part quantities on vendor.

16. The delivery period quoted must be realistic & specific. The inability of successful tenderer to execute orders in accordance with the agreed delivery schedule will entitle BPCL, at its options to

i. Accept delayed delivery at prices reduced by a sum equivalent to one half of one percent (1/2%) 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 this purpose.

ii. Cancel the order in part or full and purchase such canceled quantities from elsewhere on account at the risk & cost of the vendor, without prejudice to its right under (i) above in respect of goods delivered.

17. Risk Purchase Clause: We reserve the right to curtail or cancel the order either in full or part thereof if you fail to comply with delivery schedule and other terms & conditions of the order. BPCL also reserves the right to procure same or similar materials equipment through other sources at your entire risk, cost and consequences.

18. GUARANTEE / WARRANTY: Materials shall be guaranteed against manufacturing defects, materials, workmanship and design for a period of 18 months from the date of dispatch or 12 months from the date of commissioning, whichever is earlier. Any material /part found defective shall be replaced free of cost by you during warranty.

19. TEST & PERFORMANCE CERTIFICATES: You shall furnish Material test and Performance Certificates in triplicate for the materials along with the challans and invoice.

20. FORCE MAJEURE:

In the event of causes of Force Majeure occurring within the contractual delivery period and if they impede the performance of contract, the delivery dates shall be extended on receipt of application from the Vendor / Owner without imposition of penalty. Only those causes which depend on natural calamities, civil wars, fire and national strikes which have a duration of more than seven consecutive calendar days are considered the causes of force Majeure. The decision of Owner shall be final and binding on Vendor.

The Vendor must advise the Owner by a registered letter duly certified by Local Chamber of Commerce or statutory authorities and Owner must advise the Vendor by a letter, the beginning


23

and the end of the delay immediately, but in no case later than within 10 days of the beginning and end of such causes of Force Majeure condition as defined above. Provided further that if the performance in whole or part of any obligation under this contract is prevented or delayed by reason of any such event for period exceeding 60 days either party may at its option terminate the contract."

21. If you offer a lower rate to any other oil company during the tendency of order, if placed on you, the same price will automatically apply to BPCL.

22. The tenderer will note the destination of the material. Appropriate charges towards demurrage or other expenses incurred owing to any negligence, delay or default will be recovered from the successful tenderer.

23. ARBITRATION CLAUSE :

Any dispute or difference of any nature whatsoever, any claim, cross-claim, counter-claim or set off of Owner / Vendor against omission or account of any of the parties hereto arising out of or in related to this Contract shall be referred to the Sole Arbitration of Director (Marketing) of BPCL or to some officer of BPCL who may be nominated by the Director (Marketing).

In the event the Arbitrator being unable or refusing to act for any reason whatsoever, the Director (Marketing) of BPCL shall designate another person to act as an Arbitrator in accordance with the terms of the said Agreement. The Arbitrator newly appointed shall be entitled to proceed with the reference from the point at which it was left by his predecessor.

It is known to the parties herein that the Arbitrator appointed hereunder is an employee of the Corporation and may be Share holder of the Corporation.

The award of the Arbitrator so appointed shall be final, conclusive and binding on all the parties to the contract and the law applicable to arbitration proceedings will be the Arbitration and Conciliation Act, 1996 or any other enactment in replacement thereof. The language of the proceedings will be English and the place of proceedings will be Mumbai

“The parties hereby agree that the Courts in the city of Mumbai alone shall have jurisdiction to entertain any application or other proceedings in respect of anything arising under this Agreement and any Award or Awards made by the Sole Arbitrator hereunder shall be filed, if required, in the concerned Courts in the City of Mumbai alone."

24. The tenderer shall warrant that the use by BPCL of materials specified by the tenderer will not subject BPCL to charges of infringement of any patent and further agree to hold BPCL harmless and indemnified against any and all costs, charges and expenses resulting therefrom..

25. Validity the contract : The Contract will be valid for a period of one year from the date of the contract for issuing call-off. Thereafter, it may be extended up to 3 months on mutual agreement basis.

26. Rejected material lying in BPCL premises must be replaced within 30 days from the date of intimation.


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27. GENERAL :

a) Tenderer should ensure that their quotations reach us before the last date & time of receipt of tender . Any tender received after this time for any reason whatsoever may not be considered for evaluation. .

b) The tender should be free from overwriting or erasures, correction/additions, if any must be attested.

c) Your tender may not be considered, if we are unable to evaluate your offer for want of any information

d) Wherever tenders have entered into a rate contract with D.G.S &D, they will indicate the same in their tenders and will also certify that their rates quoted are as applicable to D.G.S & D.

e) Your quotation should be for materials strictly in accordance with specifications mentioned in the tender. Should you wish to offer substitutes, you should state clearly the exact specification.

f) It shall be assumed that packing cases are not chargeable and non-returnable unless otherwise stated.

g) Please sign & return all the pages of tender enquiry including the enclosed deviation sheets as in token of your acceptance.

28. EARNEST MONEY DEPOSIT

(Applicable only for work costing Rs.50,000/- and above in value). The Parties which are not registered with Bharat Petroleum for this particular item shall be required to submit along with this quotation a Bank Draft in favour of Bharat Petroleum Corporation Ltd. for a sum equivalent to 5% of the total tendered value of works as earnest money deposit, subject to minimum of Rs.5,000/- and a maximum of Rs.1,00,000/-.

The earnest money deposit shall be returned to the unsuccessful tenderer/s within two months after due date for opening of the tender. The earnest money deposit of the successful tenderer will be retained till the commencement of the work. The earnest money deposit of successful tenderer shall be adjusted in security money deposited and shall be retained till supply of material. No interest will be payable on earnest money deposit / Security Deposit : (Applicable only for works costing Rs.50,000/- and above in value.)


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29. CASE OF ANY OF THE ABOVE TENDER TERMS & CONDITIONS i.e. SR.1 TO 28AND THOSE OF ANNEXURE –I. ARE NOT ACCEPTABLE TO VENDOR. KINDLY MENTION THE DEVIATIONS ONLY ON THE ENCLOSED DEVIATION SHEETS (TECHNICAL & COMMERCIAL) WITH REASONS & JUSTIFICATIONS. WE WILL NOT ACCEPT DEVIATIONS STATED ELSEWHERE. IN CASE THE SHEETS ARE SUBMITTED BLANK THAN ALL THE TERMS & CONDITIONS WILL BE DEEMED AS ACCEPTED BY YOU.

NAME OF THE TENDERER DATE

SIGNATURE OF THE TENDERER

**********************************************************************************


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ANNEXURE – VIII :

VENDOR’S CONFIRMATION ON COMMERCIAL TERMS

SR. NO.

CLAUSE BPCL REQUIREMENTVENDOR’S CONFIRMATION

1. ANNUAL RATE CONTRACT (ARC)

BPCL WOULD LIKE TO ENTER INTO “ANNUAL RATE CONTRACT” (ARC) VALID FOR 12 MONTHS FROM THE DATE OF ARC.(ANNUAL RATE CONTRACT).CALL-OFF ORDER WOULD BE ISSUED FOR REQUIRED QTY AS AND WHEN REQUIRED DURING THE VALIDITY OF ARC BY THIS OFFICE..ARC QUANTITIES ARE ESTIMATES ONLY. THERE IS NO COMMITMENT TO UPLIFT THE ENTIRE QUANTITY AGAINST THE ARC.

2. PART ORDER BPCL RESERVES THE RIGHT TO VARY THE QUANTITIES TO BE ORDERED AT THE TIME OF PLACING THE ORDER

3. SUBMISSION OF OFFER

- OFFERS SHOULD BE IN TWO BIDS SYSTEMS I.E. TECHNO-COMMERCIAL BID AND PRICE BID.

- IP AND PREQUALIFICATION DOCUMENTS DULY FILLED IN TO BE SUBMITTED WITH TECHNO-COMMERCIAL BIDS .

- ONE COPY OF PRICE BID WITH BASIC PRICES BLANKED OUT TO BE ENCLOSED IN TECHNO–COMMERCIAL BID.

4. TAXES AND DUTIES

- TAXES AND DUTIES ARE PAYABLE AS APPLICABLE AT THE TIME OF DELIVERY WITHIN CONTRACTUAL DELIVERY DATE .


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SR. NO.


- ANY REDUCTION OF TAXES AND DUTIES AFTER CONTRACTUAL DELIVERY DATE WILL BE PASSED ON TO BPCL

- TAXES AND DUTIES TO BE QUOTED SEPARATELY

5. P&F CHARGES - VENDOR TO QUOTE

6. EXISE DUTY - VENDOR TO QUOTE

7. SALES TAX - VENDOR TO QUOTE- CST WITH FORM "C"- CST WITHOUT FORM "C"- LOCAL SALES TAX/VAT

8. PRICES PRICES QUOTED SHOULD BE FIRM DURING THE ARC PERIOD. NO ESCALATION IS ALLOWED.

9. FREIGHT MATERIALS ARE TO BE DESPATCHED BY THE VENDOR TO THE LOCATIONS ON FREIGHT PAID DOOR-DELIVERY BASIS BY ROAD TRANSPORT.

Please Refer Clause no.5 of Annexure –VII.

10. OCTROI -OCTROI WILL BE REIMBURSED AT ACTUALS- VENDOR TO MENTION DISPATCH LOCATION I.E LOCATIONS FROM WHERE THE MATERIAL WOULD BE DESPATCHED.

LOCATION:……….

11. UNLOADING UNLOADING AND STACKING WILL BE ARRANGED BY BPCL

12. INSURANCE VENDOR TO CONFIRM THAT INSURANCE WILL BE ARRANGED BY BPCL

13. SUPERVISION CHARGES FOR INSTALLATION AND COMMISSIONING OF THE TENDERED ITEM

RS. PER DAY PER MACHINE BASIS FOR MAX. 10 DAYS.

Service Taxes Extra @ %


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SR. NO.


14. TAXES AND DUTIES

VENDOR TO CONFIRM:

WHETHER EXCISE DUTY IS APPLICABLE ON FREIGHT CHARGES.WHETHER SALES TAX IS APPLICABLE ON FREIGHT CHARGES.WHETHER EXCISE DUTY IS APPLICABLE ON TPIA CHARGESWHETHER SALES TAX IS APPLICABLE ON TPIA CHARGES

15. PAYMENT TERMS AS PER CLAUSE NO.13 OF ANNEXURE –VII OF THE TENDER

16. LD CLAUSE TO ACCEPT DELAYED DELIVERY AT PRICES REDUCED BY A SUM EQUIVALENT TO ONE HALF OF ONE PERCENT (1/2%) 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 LD

17. RISK PURCHASE CLAUSE AS PER THE TENDER

18. GUARANTEE/WARRANTEE

MATERIALS SHALL BE GUARANTEED AGAINST MANUFACTURING DEFECTS, MATERIALS, WORKMANSHIP AND DESIGN FOR A PERIOD OF 18 MONTHS FROM THE DATE OF DESPATCH OR 12 MONTHS FROM THE DATE OF COMMISSIONING, WHICHEVER IS EARLIER.

19. FORCE MAJEURE AS PER THE TENDER


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SR. NO.


20. BEST PRICE IF A LOWER RATE IS OFFERED TO ANY OTHER OIL COMPANY THE SAME WILL BE APPLICABLE TO US

21. VALIDITY OFFER SHOULD BE VALID FOR 120 DAYS FROM DUE DATE

22. ADDITIONAL LEVIES

BPCL SHALL NOT BE LIABLE FOR ANY INCREASE IN TAXES AND DUTIES OR ANY ADDITIONAL LEVIES IMPOSED BY GOVT FOR MATERIAL SUPPLIED AFTER THE CONTRACTUAL DELIVERY DATE.

23. ARBITRATION CLAUSE

AS PER THE TENDER

24. DELIVERY VENDOR TO QUOTE BEST DELIVERY FROM DATE OF RECEIPT CALL-OFF/PO.

25. CAPACITY VENDOR TO PROVIDE MONTHLY MANUFACTURING CAPACITYFOR BPCL FOR THE QUOTED ITEMS

26. EXTENSION OF RATE CONTRACT (ARC)

BPCL ALSO RESERVES RIGHT TO EXTEND THE ARC (ON MUTUAL AGREEMENT BASIS) FOR THREE MONTHS FROM DATE OF EXPIRY OF ORIGINAL ARC.

27. OTHER TERMS & CONDITIONS

CONFIRM OTHER TERMS AND CONDITIONS ENCLOSED WITH THE TENDER, ARE ACCEPTABLE.

Signature and Seal of the Tenderer


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ANNEXURE – IX :

VENDOR’S DEVIATION (IF ANY) ON COMMERCIAL TERMS



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ANNEXURE – X (A)

UNPRICE BID FORMAT

Sr. No

Prices Vendor to Quote in Rs. Per Unit

1. Basic Price per LPG Cylinder Valve Changing Machine without Evacuation of LPG Cylinder.(VCM)

************(Not to be Quoted)

2. Packing and Forwarding Rs……. or %.................3. Excise duty inclusive of Educational Cess % of (Basic Price + P & F) ………………4. Sales Tax

a. CST with C Formb. CST without C Formc. Local Tax / VAT

a. % ………..…………..b. %……………………..c. %………….………….

5. Freight 6. Whether ED is applicable on Freight Yes/NO…………………………7. Whether Sales Tax is applicable on Freight Yes/NO…………………………8. TPIA (Third party Inspection Agency)

Charges including Service Tax per Unit of VCM.(Will be applicable only when Inspection is through TPIA)

Rs……………Per VCM.

9. Whether ED is applicable on TPIA Yes/No……………………………10. Whether Sales Tax is applicable on TPIA Yes/No……………………………

11 Supervision charges Rs. per day per Machine for Installation and Commissioning of the Machine (subject to Max. 10 days)

12 Any Other charges payable to you by BPCL Yes/No……………………………



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ANNEXURE – X (B) :

PRICE BID FORMAT

Sr. No

Prices Vendor to Quote in Rs. Per Unit

Basic Price per LPG Cylinder Valve Changing Machine without Evacuation of LPG Cylinder.

------------------- (To be Quoted)

Signature and Seal of theTenderer


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ANNEXURE – XI

FORMAT FOR PERFORMANCE BANK GUARANTEE

PERFORMANCE BANK GUARANTEE

(On Non-judicial paper for appropriate value)To,

Bharat Petroleum Corporation LimitedMaterials (E & P ), A 5 & 6 Sector -1 Noida – 201301

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 letter No…….. dated ………. and the General 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 Supplier 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 upon aggregate lime 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


34

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 liberty 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 help 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 of 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, 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,

_______________

************************************************************************************


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1. DEFINITIONS :

The following expressions used in the Purchase order shall have meaning indicated against each of these :

The OWNER means BHARAT PETROLEUM CORPORATION LIMITED, a company incorporated in India having its registered office at Bombay and shall include it successors and assigns.

"Goods / Materials" : Goods and / or materials shall mean any of the articles, materials, machinery, equipments, supplies, drawings, data and other property and all services including but not limited to design, delivery, installation, inspection, testing and commission specified or required to complete the order.

"Vendor" : Vendor shall mean the Person, firm or Corporation to whom this Purchase Order is issued, and includes its successors and assigns.

"Inspector" : Inspector deputed by Owner.

"Project" : Augmentation of LPG Bottling capacity Bharat Petroleum Corporation Limited, Bombay / any other project of BPCL.

2. REFERENCE FOR DOCUMENTATION :

Purchase Order Number must appear on correspondence, invoices, drawings, shipping notes, packing list and on any documents or papers connected with the order.

3. IMPORT LICENCE :

Relevant particulars of the import Licence shall be duly indicated in the invoice and shipping documents as well as on the packages or consignments.

4. CONFIRMATION OF ORDER :

The Vendor shall acknowledge the receipt of the Purchase Order within ten days following the mailing of this order and shall thereby confirm his acceptance of this Purchase Order in its entirely without exceptions. This acknowledgement will be on both Purchase Order and General Purchase Conditions. Vendor shall also submit along with order acceptance a Bank Guarantee as a per clause 26 hereunder.

5. SALES CONDITIONS :

With Vendor's acceptance of provisions of this Purchase Order he waives and considers as cancelled any of his general sales conditions.


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6. COMPLETE AGREEMENT :

The terms and conditions of this Purchase Order constitute the entire agreement between the parties thereto. Changes will be binding only if the amendments are made in writing and signed by an authorised representative of the Owner and the Vendor.

7. INSPECTION - CHECKING - TESTING :

Inspection/ Test Certificate, conformity, Certificate and Country of Origin Certificate are to be submitted with Invoice during supply. Third Party Inspection Charges : Inspection will be carried out as per the salient scope of Inspection either through our registered third party inspection agencies (LRIS/IRS/DNV/BVIS/TATA PROJECTS/PDIL/EIL/GLISPL/SGS/RITES/ITSIPL) or by BPCL . Inspection Charges will be reimbursed by BPCL as per your quote. Please quote firm Inspection Charges per unit of item.BPCL reserves the right to inspect the Item through the cross-functional team.

The equipment, materials and workmanship covered by the Purchase Order is subject to inspection and testing at any time prior to shipment and or despatch and to final inspection within a reasonable time after arrival at site. Inspectors (TPIA/BPCL) shall have the right to carry out the inspection and testing which will include the raw materials at manufacturer's shop at fabricator's shop and at the time of actual despatch before and after completion of order.

a) All tests mechanical or physical or chemical or any other test and particularly those required by relevant codes will be performed at the Vendor's expenses and in accordance with inspector's instructions. The Vendor will also bear the expenses concerning preparation and rendering of tests required by Boiler Inspectorate or such other statutory testing agencies or by Lloyds Register of Shipping as may be required.

b) Before shipping or despatch, the equipment and / or materials will have to be checked and stamped by inspectors who are authorised also to forbid the use and despatch of any equipment and / or materials which during tests and inspection fail to comply

with the specification, codes and testing requirements.

c) The Vendor will have to -

- Inform Owner at least eight days in advance of the exact place, date and time of rendering the equipment or materials for required inspection.

- Provide free access to inspectors during normal working hours to Vendors or his / its sub - Vendor's works and place at their disposal all useful means of performing checking marking testing, inspection and final stamping.


37

d) Even if the inspection and tests are fully carried out Vendor is not absolved to any degree from his responsibility to ensure that all equipments and

materials supplied comply strictly with requirements as per agreement during construction, at the time of delivery, inspection, on arrival at site and after its erection or start - up and guarantee period as stipulated in clause 26 hereof.

e) The Vendor's responsibility will not be lessened to any degree due to any comments made by Owner / Owner's representatives and inspectors on the Vendor's drawings or specifications or by inspectors witnessing any chemical or physical tests. In any case, the equipment must be in strict accordance with the Purchase Order and / or its attachments failing which the Owner shall have the right to reject the goods and hold the Vendor liable for non - performance of contract.

8. EXPEDITING :

Owner / Owner's representatives have been assigned to expedite both manufacture and shipment of equipment and material covered by the Purchase Order. The Owner / Owner's representatives shall have free access to Vendor's shop and / or sub suppliers shop at any time and they shall be provided all necessary assistance and information to help them perform their job.

9. WEIGHTS AND MEASUREMENTS :

The shipping documents, invoices, packing lists and all other relevant documents shall contain the same units of weight and measurements as given in the Owner's Purchase

Order.

10. OILS AND LUBRICANTS :

The first filling of oils and lubricants for every equipments shall be included in the price. The Vendor shall also recommend for quality and quantity of oils and lubricants required for one years continuous operation.

11. SPARE PARTS :

The Vendor must furnish itemised and priced list of spare parts required for two years of the equipment.

The Vendor shall provide the necessary cross sectional drawing to identify the spare parts numbers and their location as well as an inter-changeability chart.

12. PACKING AND MARKING :

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


38

Equipment / materials shall be protected by suitable cost of paint and all bright parts protected from rust by applications of rust preventive as may be necessary. All machinery surface shall be suitably protected.

All fragile and all exposed parts will be packed with care and the package shall bear the words "HANDLE WITH CARE GLASS FRAGILE, DON'T ROLL THIS END UP. THIS END DOWN," to be indicated by arrow.

A distinct colour splash in say red black around each package crate / bundle shall be given for identification.

All pipes and sheets shall be marked with strips bearing progressive no.

In case of bundles the shipping marks shall be embossed on metal or similar tag and wired securely on each end.

For bulk uniform material when packed in several cases, progressive serial numbers shall be indicated on each case. All nozzles, holes and openings and also all delicate surfaces shall be carefully protected against damage and bad weather. Flange faces of all nozzles shall be protected by blanks, All manufactured surfaces shall be painted with rust proof paint.

All threaded fittings shall be greased and provided with plastic cap.

All small pieces shall be packed in cases.

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

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

BHARAT PETROLEUM CORPORATION LIMITED MATERIALS DEPT.( E & P ) Noida (INDIAFrom :

To : Bharat Petroleum Corpn.Ltd.] Materials Dept.(E & P ) A- 5 & 6 sector – Noida 201301

Order no. Rev. no.Item :Equipment Nomenclature :Net weight : Kgs.Gross weight : Kgs.Case No. of Total cases :Dimensions :Import Licence No.NOTE :


39

Marking shall be bold - minimum letter height 5 cm. For every order and every shipment, packages must be marked with serial progressive numbering. All packages will bear warning signs on the outside denoting the centre of gravity and sling marks. Packages that require special handling and transport should have their centres of gravity and points at which they may be gripped clearly indicated and marked `Attention Special Load Handle with care' in English Language. Any other direction for handling shall also be clearly indicated on the package. Top heavy containers will 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. documents contained in the envelope shall be fastened inside a shell connection with an identifying arrow sign "documents" with indelible paint. 13. TRANSIT RISK INSURANCE :

Insurance against all marine and transit risk of warehouse to warehouse basis shall be covered under the Owner's marine policy. However, the Vendor shall ensure that in effecting shipments clear bill of lading are obtained and the carrier's responsibility is fully retained on the Carriers so that the consignee's interests are fully secured and are in no way jeopardized.

14. RESPECT FOR DELIVERY DATES :Time of delivery mentioned in the Purchase Order shall be the essence of the agreement and no variation shall be permitted except with prior authorisation in writing from the Owner. Goods should be delivered securely packed and in good order and condition at the place and within the time specified in the Purchase Order for their delivery.

Terms of Delivery : The materials are required on an average of two machines per month.Kindly quote your best delivery schedule against individual call-off to be issued by BPCL –Embedded Materials E & P HQ NOIDA from time to time for any quantity. Your quotation should be for materials strictly in accordance with the specifications mentioned in the tender / Annexure IV and in case you offer material with alternate specifications it should be clearly specified. Submit complete technical literature/ catalogue for the item you are offering.

15. PRICE REDUCTION FOR DELAY IN SUPPLIES:

The inability of successful tenderer to execute orders in accordance with the agreed delivery schedule will entitle BPCL, at its options to

a. Accept delayed delivery at prices reduced by a sum equivalent to one half of one percent (1/2%) 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 this purpose.

b. Cancel the order in part or full and purchase such canceled quantities from elsewhere on account at the risk & cost of the vendor, without prejudice to its right under (i) above in respect of goods delivered.


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15. DELAYS DUE TO FORCE MAJEURE :

In the event of causes of Force Majeure occurring within the contractual delivery period and if they impede the performance of contract, the delivery dates shall be extended on receipt of application from the Vendor / Owner without imposition of penalty. Only those causes which depend on natural calamities, civil wars, fire and national strikes which have a duration of more than seven consecutive calendar days are considered the causes of force Majeure. The decision of Owner shall be final and binding on Vendor.

The Vendor must advise the Owner by a registered letter duly certified by Local Chamber of Commerce or statutory authorities and Owner must advise the Vendor by a letter, the beginning and the end of the delay immediately, but in no case later than within 10 days of the beginning and end of such causes of Force Majeure condition as defined above. Provided further that if the performance in whole or part of any obligation under this contract is prevented or delayed by reason of any such event for period exceeding 60 days either party may at its option terminate the contract."

16. EJECTION, REMOVAL OF REJECTED GOODS AND REPLACEMENT:

In case the testing and inspection at any stage at owner’s premises reveal that the equipment, materials and workanship do not comply with the specification and requirements, the same shall be removed by the Vendor at his own expense and risk within the time allowed by the Owner. The Owner shall be at liberty to dispose of such rejected goods in such a 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 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.

17. The Vendor will have to proceed with the replacement of the 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.

18. PAYMENT TERMS FOR SUPPLY OF MACHINE:

100% payment will be made on 30th day from the receipt of materials at site (LPG Plant) to vendor against submission of 10% of PBG by vendor. Please consider this condition in your quotation, as other payment terms may not be acceptable to BPCL. In case 10% PBG is not submitted by the vendor 10% of gross amount of Invoice will be retained in lieu of P.B.G.

PAYMENT OF SUPERVISION CHARGES : Payment of Supervision Charges for Installation and Commissioning of the machine : 100% payment on 15th Day after completion of the Job.

19. RECOVERY OF SUMS DUE:


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Whenever any claim against the 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, the Vendor shall pay to the Owner on demand the balance remaining due.

20. MODIFICATIONS :

The Owner shall have the right to make technical changes or modifications in the technicaldocuments / specifications compromised in the Purchase Order. The Vendor shall comply with such a written request for make alternative suggestion. Any such changes or modifications shall be at the cost, if any of the Owner. As soon as possible after receipt of the written request for changes, the Vendor shall furnish in writing to the Owner, as estimate of cost for the changes and modifications effect on the FOB delivery date. On receipt of Owner's written authorization the Vendor shall promptly proceed with the changes / modifications.

21. CANCELLATION :

The Owner reserves the right to cancel this Purchase Order or any part thereof and shall be entitled to rescind the contract wholly or in part in a written notice to the Vendor if :a) The Vendor fails to comply with the terms of this

Purchase Order. b) The Vendor fails to deliver goods on time and / or replace the rejected goods promptly.

c) The Vendor becomes bankrupt or goes into liquidation.d) The Vendor makes a general assignment for the benefit of creditors, and e) A receiver is appointed for any of the property owned by the Vendor.

Upon receipt of the said cancellation notice, the Vendor shall discontinue all the work on the Purchase Order and matters connected with it.

The Owner in that event will be entitled to procure the requirement in the Open Market and recover the excess payment over the Vendor's agreed price, if any, from the Vendor reserving to itself the right to forfeit the security deposit, if any, placed by the Vendor against the contract.

22. PATENTS AND ROYALTIES :

On acceptance of this order, the Vendor will be deemed to have entirely indemnified the Owner's representativesfrom any legal action or claims regarding compensation for breach of patent rights which the Vendor deems necessary to comply for manufacturing the ordered equipment land / or materials or which can, in any way be connected in the manufacture.


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23. GUARANTEE /WARRANTEE AND PERFORMANCE BANK GUARANTEE (PBG) : GUARANTEE /WARRANTEE : Materials should be guaranteed against manufacturing defects ,Workmanship and design for a period of 18 months from date of dispatch (i.e date of Bill of lading ) or 12 months from the date of Commissioning. Any material /part found defective shall be replaced free of cost by you during warranty.

PERFORMANCE BANK GUARANTEE (PBG) :

Successful Bidders had to submit Performance Bank Guarantee (PBG) for the performance of the Vendors/Bidders obligations. Performance Bank Guarantee will be submitted for 10% of the total supply cost (i.e. Total FOB value) for a period of 18 months from the date of dispatch (i.e date of Bill of lading ) or 12 months from the date of Commissioning of the Machine .

Successful Bidders shall furnish the Performance Bank Guarantee as per format given in ANNEXURE –XI of this CRFQ NO.1000124288 DATED 19.07.2010 DUE DATE : 17.08.2010 (15 HRS IST ), through the branches of Indian Public Sector Banks operating in their country or these are counter guaranteed by Indian Bank branches in their country. Performance Bank Guarantee from Indian branches of foreign (vendor’s) banks will be accepted only if the Indian Branch of the Bank is recognised as Scheduled Bank by Reserve Bank of India. However, Bank Guarantee from foreign branch bank will be accepted only if the same is counter signed by their Indian Branch or any Scheduled Indian Bank.

The Vendor shall guarantee that any and all materials used in execution of the Purchase Order shall be in strict compliance with characteristics, requirements and specifications and that the same shall be free from any defects. Checking of the Vendor's drawings by the Owner / Owner's representatives and their approval and permission to ship or despatch the equipment and materials granted ny Inspectors shall not relieve the Vendor from any part of his / its responsibilities for proper fulfilment of the requirements. The Vendor will guarantee that all materials and equipments shall be repaired or replaced as the case may be at site, at its own expenses in case the same have been found to be defective in respect of material, workmanship or smooth and rated operation within a period of twelve months after the same have been commissioned or 18 months from despatch whichever is earlier.

The guarantee period for the part that may altered, repaired or replaced shall be 12 months as from the date on which the same is commissioned.Acceptance by the Owner or its inspectors of any equipments and materials or its replacement will not relieve the Vendor of its responsibility of supplying the equipment / materials strictly according to the specification and according to the guarantee agreed by the Vendor. The Vendor shall furnish a Bank Guarantee alongwith the order acceptance for the amount equivalent to 10% of the F.O.B. value of equipment / materials to support Vendor's Performance (as proforma hereunder).This Bank Guarantee shall remain in force for the entire period covered by the performance guarantee. It will be the responsibility of the Vendor to keep the Bank Guarantee fully subscribed. Any shortfall in the value of the Bank Guarantee as a result of encashment by the


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Owner either in full or in part in terms of the Performance Guarantee shall be made good by the Vendor within one week thereof.

24. NON - WAIVER :

Failure of the Owner / Owner's representative 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 waiver of any right of the Owner or Owner's representatives to insist upon the strict performance thereof or any of his or their rights or remedies as to any such goods regardless of when goods are shipped received or accepted nor shall any purported oral modification or revision of the order by Owner / Owner's representatives act as waiver of the terms hereof.

25. NO ASSIGNMENT :

The Purchase Order shall not be assigned to any other agency by the Vendor without obtaining prior written consent of the Owner.

26. VENDOR'S DRAWINGS AND DATA REQUIREMENT :The Vendor shall submit drawings data and documentation in accordance with but not limited to what is specified in the bid document and / or in Vendor's drawings and data from attached to the Purchase Order and as called for in clause 8, viz, `Expediting' above. The types, quantities and time limits of submitting this must be respected in its entirely failing which the Purchase Order shall not be deemed to have been executed for all purpose including settlement of payment since the said submission is an integral part of Purchase Order execution.

27. TECHNICAL INFORMATION :Drawings, specifications and details shall be property of the Owner and shall be returned by the Vendor on / and demand. The Vendor shall not make use of drawings and specifications for any purpose at any time save and except for the purpose of the Owner.

The Vendor shall not disclose the technical information furnished to orgained by the Vendor under or by virtue of or as a result of the implementation of this 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 the Owner shall at all times remain the absolute Property of the Owner.

28. SERVICES OF VENDOR'S PERSONNEL :

Upon two weeks advance notice, the Vendor shall depute the necessary personnel to India for supervision of erection and start up of the equipment and train a few of the Owner's personnel for the operation and maintenance of the equipment if required by the Owner. The terms and conditions for the services of the Vendor's personnel shall be indicated in the quotation itself.


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29. HEADINGS :

The headings of the conditions hereof shall not affect instructions thereof.

30. ARBITRATION :

“Any dispute or difference of any nature whatsoever, any claim, cross-claim, counter-

claim or set off of Owner / Vendor against omission or account of any of the parties hereto

arising out of or in related to this Contract shall be referred to the Sole Arbitration of Director

(Marketing) of BPCL or to some officer of BPCL who may be nominated by the Director

(Marketing).

In the event the Arbitrator being unable or refusing to act for any reason whatsoever, the Director (Marketing) of BPCL shall designate another person to act as an Arbitrator in accordance with the terms of the said Agreement. The Arbitrator newly appointed shall be entitled to proceed with the reference from the point at which it was left by his predecessor.

It is known to the parties herein that the Arbitrator appointed hereunder is an employee of the Corporation and may be Share holder of the Corporation.

The award of the Arbitrator so appointed shall be final, conclusive and binding on all the parties to the contract and the law applicable to arbitration proceedings will be the Arbitration and Conciliation Act, 1996 or any other enactment in replacement thereof.

The language of the proceedings will be English and the place of proceedings will be Mumbai

The parties hereby agree that the Courts in the city of Mumbai alone shall have jurisdiction to entertain any application or other proceedings in respect of anything arising under this Agreement and any Award or Awards made by the Sole Arbitrator hereunder shall be filed, if required, in the concerned Courts in the City of Mumbai alone.”

31. COMPLIANCE OF NORMS LAIDDOWN BY GOVT OF INDIA :

Placement as well as execution of order shall be subject to various norms including 10% purchase preference to PSUs as laid down by Govt. of India and as applicable from time to time.

32. BEST PRICE CLAUSE :

If you offer a lower rate to any other Oil company in India, during the pendency of order, if placed on you, the same price will automatically apply to us.


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33. PART ORDER / REPEAT ORDER:

Vendor hereby agrees to accept part order at Owner’s option without any limitation whatsoever and also accept repeat order(s) during a period of one year from the date of original purchase order on same unit prices terms and conditions.

34. VALDITY OF OFFER: Your quotation should be valid upto 120 days from the due date of this tender and prices will remain firm till the supply is completed.

35. Validity the contract : The Contract will be valid for a period of one year from the date of the contract for issuing call-off. Thereafter, it may be extended upto 3 months on mutual agreement basis.

Vendor should confirm their acceptance of the above mentioned GENERAL PURCHASE TERMS AND CONDITIONS EQUIPMENTS/MATERIALS.

Deviation, if any, should be highlighted with your justification in Annexure – XIV.. Otherwise all terms and conditions will be deemed accepted by you. Vendors are requested not to provide their standard “General terms of sale”

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ANNEXURE –XIV

VENDOR’S DEVIATION (IF ANY) ON COMMERCIAL TERMS

7. Please confirm acceptance to all the Terms and conditions of the Tender as per ANNEXURE –XIII particularly for following.

Force Majeure Clause:

Delayed Delivery Clause:


Other charges like Freight ,Supervision for Installation & Commissioning etc are not

to be quoted here as they are already obtained vide UNPRICE BID-ANNEXURE –

XV(A) -

Signature and Seal of the Tenderer.